Frequently Asked Questions

Q: How can we prevent kids from drinking at another home? Answer: The simplest way is to know where your child is, and confirm with the parents at that home. A simple phone call will either confirm that it is an innocent get together, or catch the kids planning an unsupervised party.

Q: I know there is some light drinking, but there aren't any drug problems in New Providence are there? Answer: Buzz. Buzz. Buzz. That is the alarm clock going off, its time to wake up! Drinking is a problem, and it is not a "light" problem. Drinking beer and alcopops (hard lemonade, wine coolers, etc) are common; drinking hard liquor is common; drug use starts in the pre-middle school years and continues through high school; drugs are not "just" marijuana, but others such as heroin. Children get drinks from older siblings; older students; the home liquor cabinet; and most disturbing of all, parents! Its real, its a problem, and it is in our town!

Q: When do children start drinking, high school? Answer: NO! Underage drinking can begin as early as the 5th grade! Each year, more and more children try alcohol or drugs. 81 % of high school students have tried alcohol! 40 % of individuals who start drinking before age 13 will develop abuse or dependence problems!

Q: Where do kids drink? Answer: There are many places, but very often, at home, when parents are away. With today's efficient and immediate means of communication (text messaging, IM, cell phones), house parties pop up in minutes. Parents don't need to be away long, it can be as little as a two hour dinner at a local restaurant.

Q: How can I get involved? Answer: The easiest way is to attend one of the New Providence Alliance meetings. Check the Calendar link to see when the next meeting is. If you are so excited about getting involved that waiting for a meeting seems like an eternity, feel free to contact any one of our current members listed in the Members link. The Municipal Alliance is a volunteer organization and needs your help to make a difference with our children in the community!

Q: What is Forest Friends? Answer: Forest Friends is a developmental puppet program targeted to children ages four through ten. In this puppet program, children learn about dealing with feelings, developing honesty and showing respect for all. The idea is that the trees in the forest grow straight and tall because of their strong roots. Forest Friends equips young children with the skills to develop strong roots of their own. In this puppet program, children learn about dealing with feelings, developing honesty and showing respect for all.

Q: How do I get my town to enact a local ordinance prohibiting youth use of alcohol by minors on private property? Answer: All municipalities have a policymaking body (council, committee, commission or board of trustees) and a mayor as formal executive. The relationship between mayor and the policy-making body varies with the form of municipal government. The council, committee, commission or board is the legislative branch of the municipal government charged with approving the municipal budget and enacting the ordinances (laws) of the municipality.

First, you should talk to other parents who may also want to see an ordinance prohibiting youth use of alcohol enacted. Develop a unified message regarding the use of alcohol by minors and the need for an ordinance prohibiting such use. Next, talk with your elected officials on the council, committee, commission, and the town attorney. Explain the need for this ordinance, the consequences of underage drinking, and the loopholes in the current law. Have one of them write the ordinance or write your own using examples available on the web.

Next, a hearing is held where the public can comment about the proposed ordinance. Be prepared to testify and have facts to support the need and benefits of enacting the proposed ordinance. Following the hearing, the governing body votes whether to adopt, deny, or amend the proposed ordinance. if they vote to adopt the ordinance it becomes the law in your municipality.

Q: I don't want the town telling me what to do with my own kids. Will the ordinance give the town authority to tell me what I can do with my own kids? Answer: No! This ordinance specifically does not change the law regarding parents' authority over their own children. Based upon state law, the ordinance will provide an exception to allow parents or legal guardians to allow their own minor children to possess alcohol if the parent/guardian is present and that parent/guardian or spouse is over 21 years old. This exception would be extended to house party situations.

The concern under this ordinance is about minors obtaining liquor without their parents' permission or outside the presence of their parent. All parents and guardians have the right to expect that when their child goes to another adult's home, that adult does not have the right to allow an unrelated youth access to alcohol.

Q: If the Town Ordinance is enacted, will police have more access to my private property? Answer: No. As for concerns related to the abuse of police power and private property rights, the Fourth Amendment of United States Constitution provides that individuals are free from "unreasonable search and seizure" by the police. This means that police must have what is called "probable cause" to suspect that a crime is happening before they can intervene.

Enacting an ordinance does not change the underlying requirement that Police must have "probable cause" to suspect that a crime is happening before the police can act and enter private property.

Serving alcohol to a minor without the permission or presence of a parent is already a disorderly person's offense. What is changed by the ordinance is that it also becomes a violation for a minor to possess or consume alcohol on private property if their parent has not given permission and is not present.

Police are often called to respond to incidents of underage drinking at "house parties" due to fights, sexual assaults, noise disturbances, etc. However, once at the residence, police currently are unable to respond to use of alcohol by a minor since the law does not specifically prohibit minors to be in possession of alcohol on private property.

This law does not give police increased access to private property. It is another tool to allow police to address use of alcohol by a minor when they encounter it at these house parties.

Q: Should we enact an ordinance that prohibits adults from serving alcohol to underage persons on private property? Answer: There is no reason to enact such an ordinance. State law (NJS 2C: 33-17) already makes it a disorderly persons offense for an adult to serve or allow an unrelated minor to consume alcohol on property that is within their control. An adult who has been convicted of such an offense may be fined up to $1,000 and imprisoned for a time not to exceed 6 months. The ordinance, as is authorized under state law, to prohibit use of alcohol by a minor on private property has no effect on these penalties.

Q: What if I am away from home and my child invites friends over and they are drinking? Answer: Enacting this ordinance does not provide additional liability to the parent. It merely enables the police to take action to intervene and hold the children who are in possession and consuming alcohol responsible.

For a parent to be found guilty of a disorderly offense, it must be proven that the adult has "reasonable" control over the private property and makes the property available or leaves the property in the care of another for the purpose of making alcohol available to underage drinkers.

Q: What is the liability for the server of alcohol under current law? Answer: Parents can be civilly liable on a variety of offences if this action results in injury to third parties, the minor, or causes damage to property, including negligence reckless misconduct and social host liability.

Currently social host liability prohibits a suit by a served person if he or she attained the legal age. It does not, however, prohibit an underage drinker or third party from bringing a suit against a social host. Thus, social host laws protect the server from civil liability if the person drinking is of legal age and injures himself or herself (the server is still civilly liable for injury to a third party or property damage), but does not protect the server if the person drinking is not of legal age to drink. Underage drinkers may sue the parent server for injuries to themselves, third parties, or property damage. A parent who is found legally responsible under a social host, negligence or reckless misconduct theories of liability may be accountable for large money damages. The ordinance as authorized under state law to prohibit use of alcohol by a minor on private property has no effect on this liability.

Q: Will the enactment of the Town Ordinance increase the liability of the server of the alcohol? Answer: No. The enactment of an ordinance prohibiting possession or consumption of alcoholic beverages by underage persons on private property pursuant to NJS 40:48-1.2 will not increase a person's liability under Social Host Laws.

The penalties listed in NJ 40:48-1.2 are against the underage person, not the adult who served the alcohol.

NJS 2C:33-17 and NJS 2A: 15-5.6, which are already in existence, address the criminal and civil liability of the adult who provides the alcohol. The youth use of alcohol on private property ordinance does not enhance or detract from laws regarding the adult server of alcohol.