TDCAA Community
Location: enough for furnishing?

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9211064291

July 18, 2009, 16:47
SLJS
Location: enough for furnishing?
Recently I've had a few cases come across my desk in which a college student has held a party at his/her residence (usually an apartment he/she is leasing). Minors have been in attendance at the party where alcohol is readily available. Often the police are called out on a loud noise complaint and discover that minors are drinking. None of the party attenders are willing to testify that the host/hostess provided or purchased the alcohol. Some admit they brought their own drinks. The police then arrest the host/hostess for "furnishing alcohol to minors." I have been unable to find any indication in case law or statutes as to whether providing the location where alcohol is consumed is enough to meet the elements of this crime. I would really appreciate any information, advice, case sites, etc.!!
July 29, 2009, 15:26
mmccarthy
We have used the idea that the alcohol is in the lessee's "care custody or control" because it is in the guy's apartment and being over 21 he can legally possess it. By allowing this alcohol that is in his "care custody and control" to be consumed by minors in his apartment, he is furnishing it.