Under Age Drinking
Dear Bars on the Playa,

Well, it is always something. Please take note. This year we have
been informed that local law enforcement would like to see us address
the issue of under age drinking. Though we, the organization, are
not offering alcohol to anyone and are not responsible for your bars,
there are possible consequences for you and us if we did not address
this issue. So, I am sending out this letter to make sure you are
fully informed.

We do not believe that there are any rampant problems with underage
drinking at our event that would merit investigation. Consequently,
we expect that law enforcement will act the same this year as they
have in the past. However, you should be aware of Nevada laws on
under age drinking. Here are some useful facts:

- It is a misdemeanor to serve alcoholic beverages to anyone under 21
years old in Nevada. The law still applies if the alcohol is gifted
as opposed to sold. Theme camps are considered public space and
subject to enforcement of this law. (NRS 202.055)

In 2001 the Nevada State Supreme Court limited the application of NRS
202.055 to only servers who had actual or constructive knowledge that
the person seeking the alcohol was under 21. This means that you
must card someone who looks underage. Conversely, if someone looks of
age you are not required to card him or her.

- It is a misdemeanor for a minor to consume or possess an alcoholic
beverage in a public space (e.g., theme camps, open playa, center
camp, etc. (NRS 202.020)

- It is a misdemeanor to a minor to pass him or herself off as being
of age. (NRS 202.040)

- Misdemeanors carry the following penalties: Up to 6 months in
county jail, and/or a fine up to $1,000. Alternatively, community
service may be sentenced in lieu of, or in conjunction with jail time
and fines. (NRS 176.087)

- If a minor loiters in a place where alcoholic beverages are
consumed (besides a food establishment) then the minor could receive
a fine up to $500. (NRS 202.030) Also, if the person in charge of
the "tavern" allows the minor to loiter then he or she could be fined
up to $500 also. (NRS 202.060)

- Enforcement of the laws is either done by carding the person
outright, or through undercover sting operations.

None of this is new and not terribly different from most other state
laws. It could be worse in other states! No need for alarm. This
letter is merely for information.

Our recommendations -

1. Use good common sense when serving alcohol.
2. Understand your prerogative to serve someone and carefully
consider your options with people who look less than 21.
3. Have an extra person from your camp present while serving alcohol
to act as a witnesses, just in case.
4. Don't get minors drunk. That just isn't cool.

It is worth noting that federal and local law enforcement priorities
differ on this issue. If you find yourself in an unfortunate
encounter please get a badge number and note what agency you are
dealing with. It might come in handy.

Thanks for your time,

Harley


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Harley K. DuBois
Black Rock City LLC
Community Services and Playa Safety
415 865-3800, ext 103