Center for Student Legal Services at Ohio University

Party Guide

(This text is from our Party Guide brochure. A hard copy is available at our office.)

This page is designed to provide you with information about the legal consequences of hosting a party and to assist you in making informed choices. You should seriously consider these consequences, because you will bear the responsibility for your choices.

What are My Responsibilities?

When you host a party you are responsible for your own behavior and you can be held responsible for the behavior of your guests.

Should I Serve Alcohol? If you choose to serve alcohol, you must comply with the Ohio University Student Code of Conduct, local, state and federal laws, and any lease restrictions.

Which Criminal Violations are Common?

Furnishing alcohol to an underage person. You may serve alcohol only to persons 21 years old or older. You will be held responsible if you serve someone you know to be underage or you serve someone you should know is underage. If you fail to take precautions to prohibit access to alcohol, you may be criminally liable for furnishing alcohol to an underage person. If convicted, you face maximum penalties of 6 months in jail a $1,000 fine, or both.
Alcohol permit violations. It is illegal to sell alcohol to persons of any age without a permit or license.
Open container. Open containers of alcohol are not permitted on public property. Thus, you may not have an open glass, bottle or can of alcohol on public streets, public sidewalks or other public areas. Open containers of alcohol should be kept on private property, preferably in the house. An open container of alcohol on public property is a minor misdemeanor subject to a maximum fine of $150.
Excessive noise. To avoid noise control violations, keep doors and windows shut. Both state and city laws prohibit noise pollution. A first time noise violation is a minor misdemeanor with a maximum penalty of a $150 fine. A second offense is a fourth degree misdemeanor with maximum penalties of 30 days in jail, a $250 fine, or both.
Underage possession. The minimum age in Ohio for possession or consumption of an alcoholic beverage is 21 years old. A person who purchases, possesses or consumes alcohol prior to his or her 21st birthday is guilty of a first degree misdemeanor. If convicted of this crime, the maximum penalties are 6 months in jail, a $1,000 fine, or both.
False identification. Possession or display of a fictitious operator`s license is a first degree misdemeanor. The offense exists when the driver`s license is altered or when you present someone else`s valid license as your own. The maximum penalties associated with this offense are 6 months in jail, a $1,000 fine, or both. Moreover, you may forfeit your driving privileges for one year.
Driving under the influence. Do not drink alcohol and then drive to or from a party. In Ohio, a person may not operate a motor vehicle if impaired by alcohol or drugs. The maximum penalties for this offense includes 6 months in jail (you must serve at least 3 days in jail or in a treatment program), and up to a $1,000 fine, or both. Furthermore, you will forfeit your driving privileges for a minimum of 6 months.

What is Civil Liability?

It is when a person is held responsible for causing harm to another person or the person`s property. If held civilly liable, a person must pay for the damages caused.

How Can I Be Held Civilly Liable?

A host may be liable for damage caused by an underaged person served alcohol at a party. For example, if a host serves alcohol to an underage person who then causes a traffic accident which kills someone, the host may be liable for wrongful death damages, as well as the damage to the automobiles and other property.

How Do I Minimize the Risk?

Review your lease to determine if any party restrictions exist. Some prohibit parties or the number of guests. Some leases contain “no keg” restrictions. If you violate the lease, your landlord may have grounds to evict you, to sue you for breach of contract, or both.

Contact your neighbors and request that they direct complaints to you rather than the police. Leave them your name and telephone number. During the party be available to answer any calls.

Determine the size and nature of your party. To avoid having a public party, you should plan to monitor those who attend and/or have a guest list. Further, if you do not monitor your party then an undercover police officer could enter the premises. If your party is private, then the police may not enter your dwelling without a warrant or your consent. Post a sign that reads “Guests Only-No Trespassing” to discourage police harassment. Here are examples to post on the outside and inside of your door.

Check a drivers license at the place where alcohol is served, as well as monitor the premises to ensure that underage persons are not avoiding your efforts. You cannot sell alcohol to anyone unless you have a permit and you may not sell any commodity to recover the cost of alcohol, nor take up a collection, nor charge an admission.

Set limits on the quantity of alcohol available to avoid excessive consumption. Provide alternate beverages for guests who do not wish to consume alcohol.

Ensure that sufficient restrooms are available so your guests are not using the outdoors.

Monitor the loudness of your party by periodically checking the level of noise at your property lines. Your party will be quieter if you can keep your guests inside. Closing windows and doors will also reduce the noise levels.

Do not permit drugs; permitting drug use is a crime.

Insist that your guests leave all alcohol at the door. If your guests carry open containers of alcohol on city sidewalks or streets, they will be cited. Clean up all litter immediately. Make arrangements to get intoxicated guests home safely.

You may also consider doing the following:

Serve food or snacks
Measure when making mixed drinks
Stop serving alcohol about an hour before the party is scheduled to end
Place waste containers around to prevent littering and promote recycling
Your guests may not park on grass areas so review your parking availability
Be prepared to call the police if guests become unruly or if an underage person demands access to the alcohol

Police Intervention

If the police visit your party be courteous to them and obey their orders, including orders to disperse. If you do not cooperate with the police, you increase your chances of receiving a citation for disorderly conduct, failure to disperse, resisting arrest, or obstruction of justice. Be aware that the police may issue a citation without any prior warning.

If you have complaints regarding police procedure or conduct, do not aggravate the situation with aggressive or boisterous behavior. Instead, take notes and present this information to the Center for Student Legal Services. Remember names of officers and witnesses and write a detailed account of the incident as soon as possible.

If your party is private, the police need a search warrant or your consent to enter your residence. If the police arrest you, stay calm and polite. You should not resist, flee, or evade the officers. Remember, you do have the right to remain silent, so inform the police that you do not wish to answer any questions until your attorney is present. This right is important because any admissions or statements you make to the police will be used against you. The law only requires that you identify yourself by providing your name and address. You do not have to show them a driver`s license or other form of identification with your date of birth or social security number and you do not need to provide that information yourself.

Attending a Party

As a guest you have an obligation to be considerate to the host and the host`s neighbors. Avoid damaging property or trespassing on other people`s property. If you answer the telephone while at a party, contact the host. Be aware of the noise levels especially when you are traveling to or from a party. Leave all alcohol at the party. Refrain from urinating anywhere other than in a proper receptacle to avoid disorderly conduct and/or indent exposure charges. Remember, drinking in moderation reduces your risks.

This information does not constitute legal advice, nor is it intended as a substitute for legal advice. Eligible Ohio University students who have questions concerning legal matters may contact the Center for Student Legal Services and make an appointment.

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