856.015 Open house
parties. ---
(1) Definitions. As used in this section:
(a) "Adult" means a person not legally prohibited by
reason of age from possessing alcoholic beverages pursuant to
chapter 562.
(b) "Alcoholic beverage" means distilled spirits and
any beverage containing 0.5 percent or more alcohol by volume. The
percentage of alcohol by volume shall be determined in accordance
with the provisions of s. 561.01(4)(b).
(c) "Control" means the authority or ability to
regulate, direct, or dominate.
(d) "Drug" means a controlled substance, as that term
is defined in ss. 893.02(4) and 893.03.
(e) "Minor" means a person not legally permitted by
reason of age to possess alcoholic beverages pursuant to chapter
562.
(f) "Open house party" means a social gathering at a
residence.
(g) "Residence" means a home, apartment, condominium,
or other dwelling unit.
(2) No adult having control of any residence shall
allow an open house party to take place at said residence if any
alcoholic beverage or drug is possessed or consumed at said
residence by any minor where the adult knows that an alcoholic
beverage or drug is in the possession of or being consumed by a
minor at said residence and where the adult fails to take
reasonable steps to prevent the possession or consumption of the
alcoholic beverage or drug.
(3) The provisions of this section shall not apply to
the use of alcoholic beverages at legally protected religious
observances or activities.
(4) Any person who violates any of the provisions of
subsection (2) is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s.
775.083.
History: ss. 4, 5, 6, 7, ch. 88-196; ss. 64, 65, 66, 67, ch. 88-381;
s. 45, ch. 91-110; s. 217, ch. 91-224.