Legal Considerations for Holiday Parties in Arizona
As the holidays near and all are filled with good cheer, you might find yourself playing Santa this year. I’m sorry that rhymed, I couldn’t help it. Ah, the joys of the holidays - Christmas music, decorating the tree, and getting together with friends and family to end this year on a high and bring big expectations into the next one. But if you decide to host the holidays at your ho-ho-home, what do you do if the Grinch shows up and decides to try and spoil the fun for everyone? With the image of your party becoming a bad banana with a greasy black peel, let’s talk about social host responsibilities in Arizona.
Unlike a bar or restaurant, the host of a holiday party -or any party for that matter- bears no responsibility for the actions of the party-goers on their behalf. So if Uncle Buck shows up and leaves you adding a refreshed liquor cabinet to your Christmas list, then decides to drive home and gets pulled over or, in naughtier-list activities, causes an accident, you’re off the hook legally. That’s right, in Arizona, you aren’t tasked with the responsibility of cutting anyone off in your own home. Morally, however, you may have to live with the guilt of what happened, so it’s always good to have options for those who might over-indulge: offer them a place to stay for the night, or offer to pay for a cab or Uber. You aren’t legally required to do this, but in the spirit of the holidays, it takes a big what-if off your plate.
However, this rule does not apply if a minor in attendance gets into the sauce at your place and then causes an accident. If your cousin Clark decides your nephew Russ is ready for his first sips at 16, and Russ drives home and causes an accident, you as the host are technically on the hook. This applies whether you knew the minor in question was drinking or not, so if little Russ raids the garage beer fridge while you aren’t looking, that’s still legally on you. You’re most likely looking at a Class 1 Misdemeanor for providing a minor with alcohol, which can result in a fine up to $2,500 or six months in prison.
While they say there’s no place like home for the holidays, remember that that home doesn’t necessarily need to be your home. If you’re afraid that your party guests are going to get into a bit of hum-buggery, I suggest switching to a public venue where the responsibility falls on the professionals. The last thing anyone wants this late into the year is to end up on the naughty list, and we here at Palestini Law have Santa on speed-dial. So if you find yourself, or someone you invited over, on the end of Christmas lights that only flash red and blue, we here at Palestini Law are always here, ready for you.
JAMES P. PALESTINI
Originally from Toronto, Canada, James Palestini relocated to Arizona where he received his Bachelor of Science in Criminal Justice Studies with a minor in Criminology from Arizona State University. James then attended law school at Phoenix School of Law where he earned a Juris Doctorate degree. While pursuing his doctorate, James interned at a criminal defense firm in Scottsdale, Arizona. James handled a multitude of criminal cases there, including felony, misdemeanor and criminal traffic matters.
