Town putting law on books to address minors and alcohol

It’s a discretionary tool

It will likely soon be a misdemeanor in Crested Butte to knowingly allow underage persons to possess or consume alcohol on private property. In other words, a parent will not be able to allow his child’s friends under the age of 21 to drink at his house.

The original suggestion for the law came from the Gunnison County Substance Abuse Prevention Project (GCSAPP). A similar ordinance was recently enacted in Gunnison.
“From the marshal’s perspective, I think it will be a valuable tool in Crested Butte,” chief marshal Tom Martin told the council at the January 18 council meeting. “It allows us to charge a person who is allowing minors to consume alcohol and gives us some middle ground. Right now we are forced to use a law that is a felony. In most circumstances that is probably too much. There is a current controversy in town over this issue and this gives us a tool to say it is illegal without going down the felony route. There is a huge philosophical difference between some adults in town right now.”
Martin said there are many situations where the adult wouldn’t warrant a felony charge “but this gets them into municipal court where they know it is serious. This gives us discretion.”
“Is it a problem in town?” asked councilperson Reed Betz.
“Probably a handful of times or less every year,” responded Martin. “It sends a clear message but if I only use it once, it is a valuable tool.”
“I have some concerns,” said councilperson Roland Mason. “What about the single mom with an 18-year-old kid without a lot of control? What about the situation where there’s not a lot of authority over their kid?”
“What about going to a house party and there’s a teenager there?” asked councilperson Phoebe Wilson. “Every adult knows you shouldn’t serve minors but will this cause a problem at a general party?”
“It seems a little ironic to be softening the penalty for serving minors. Going from a felony to municipal court is a much lighter penalty,” said councilperson Dan Escalante.
“If a person knew a minor was drinking in their house, they can be charged,” said Martin. “If for example, the parents are out of town and the kid throws a party, they wouldn’t knowingly have been involved so it wouldn’t apply.”
“The adult has to knowingly provide minors with alcohol,” said GCSAP program director Molly Mugglestone. “We’re not talking about public events where alcohol is present. It’s specifically targeting the scenario we are seeing out there where there is a habitual party house. We are trying to protect young adults, not have a police state.”
School board member William Powell was in the council meeting audience and applauded the idea. “As a former school superintendent, I can say this is not a new issue. There is tension when you pit the idea of the law pushing into a private home vs. the idea of protecting youth. But I have seen tragic consequences when a kid who has been drinking leaves a house. Death. It’s a good ordinance.”
Teenager Jackson Melnick voiced concern that the ordinance could be enforced with too heavy a hand at something like the Vinotok community feast that might take place in a private home. “Obviously we know Tommy will use discretion but it creates an air on the street of an overreach. What happens in the future? Who will be in a position of power? Underage drinking is a real problem in this community but there are other ways to address the issue. And the fact is, there are a lot of places where kids can go to drink.”
“I agree that Tommy will use discretion but someone else could have a heavier hand,” added Escalante.
“This could hurt sober youth who might be attending a party where there is drinking,” said Melnick.
Under the proposed ordinance, it is stated, “No person in possession and control of private property shall knowingly host, permit or allow persons under 21 years of age to gather at said property where ethyl alcohol is available without making reasonable efforts to ensure that all persons under 21 years of age do not possess ethyl alcohol or consume ethyl alcohol…”
Melnick was concerned that the clause was too broad and perhaps a police officer with less discretion than Martin could come down too hard in such situations.
“It is definitely an issue in the community and we are glad it is being discussed by the council,” said GCSAP program coordinator Brooke Harless.
The ordinance was set for public hearing at the February 7 meeting.