A. Selling Or Furnishing Liquor: No person, either directly or indirectly by himself, bartender, clerk, agent or service or employee, shall at any time sell, furnish, give or deliver any alcoholic liquor to any person under the age of twenty one (21) years. No person under the age of twenty one (21) years shall be permitted in any place where beer and wine or other alcoholic liquors are sold for consumption on the premises, except places in which the principal business is the sale of services or commodities other than alcoholic liquors.
B. Premises Restrictions:
1. No holder of a retail liquor dealer's license or his bartender, agent or employee shall suffer or permit any person under the age of twenty one (21) to be in or remain in any room or compartment adjoining or adjacent to or situated in the room or place in which such licensed premises is located unless such person is accompanied by his/her parent or guardian; provided, that this shall not apply to any licensed premises or portion thereof which derives its principal business from the sale of services or commodities other than alcoholic liquor.
2. No holder of a retail liquor dealer's license or his bartender, agent or employee shall suffer or permit any person under the age of twenty one (21) to be in or remain in any room or compartment adjoining or adjacent to or situated in the room or place in which such licensed premises is located after the hour of nine o'clock (9:00) P.M. on any night, regardless of whether that person is accompanied by a parent or guardian; provided, that this shall not apply to any licensed premises or portion thereof which derives its principal business from the sale of services or commodities other than alcoholic liquor.
3. No holder of a retail liquor dealer's license shall suffer or permit any person under the age of twenty one (21) to dispense, draw, pour, or mix any alcoholic liquor, or in any way tend bar as an employee of any licensed premises for consumption on or off said premises. This shall not prevent persons eighteen (18) years of age and over, as employees of licensed premises, from delivering alcoholic liquor for consumption on the premises.
C. Warning: Every establishment offering alcoholic liquor for sale and consumption on the premises in the village shall display at all times in a prominent place in the entrance to the room or section in which liquor is sold a printed card which shall read substantially as follows:
WARNING TO MINORS. In accordance with Chapter 5.16 of the Municipal Code of the Village of Beach Park regulating the sale of alcoholic liquor, MINORS are not permitted on these premises.
D. Written Evidence Of Age: Any licensee, or his agent or employee, shall refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of twenty one (21) years. Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces. Proof that the defendant licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
E. False Identification: Any person who sells, gives or furnishes to any person under the age of twenty one (21) years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of twenty one (21) years evidence of age and identification of any other person is guilty of a class A misdemeanor.
F. Purchase Or Acceptance By Persons Of Nonage:
1. Any person under the age of twenty one (21) years shall not purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his possession.
2. The consumption of alcoholic liquor by any person under the age of twenty one (21) years is forbidden.
3. Any person under the age of twenty one (21) years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage or who has in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a class A misdemeanor.
4. Any person under the age of twenty one (21) years is forbidden to possess any alcoholic beverage on any street or highway or in any public place or in any place open to the public. This subsection does not apply to possession by a person under the age of twenty one (21) years making a delivery of any alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
5. The possession and dispensing or consumption by a person under the age of twenty one (21) years of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by any person under the age of twenty one (21) years under the direct supervision and approval of the parents or parent of any person under the age of twenty one (21) years in the privacy of a home is not prohibited by this subsection.
G. Certain Events And Gatherings Prohibited:
1. It is unlawful for any person to host, permit, allow, or fail to take reasonable steps to prevent an event or gathering at any residence or premises, or on any other property whether private or public, or in any conveyance, over which that person has control or a reasonable opportunity for control where illicit drugs or alcoholic beverages are present when that person knows or reasonably should know that an underage person will or does consume or possess any illicit drugs or alcoholic beverage.
2. It also is unlawful for any person to fail to take reasonable steps to prevent possession or consumption of illicit drugs or alcoholic beverages by an underage person at any such event or gathering. A person who hosts an event or gathering does not have to be present at the event or gathering to be in violation of this subsection.
H. Other Responsible Persons:
1. A person is responsible for violating subsection G of this section if that person intentionally aids, advises, hires, counsels, conspires with, or solicits another person to commit a violation of subsection G of this section.
2. A person is responsible for violating subsection G of this section if that person knows or should have known about the committing of a prohibited act and failed to take reasonable steps to prevent the prohibited act.
I. Exceptions:
1. A person who hosts an event or gathering shall not be in violation of this section if he or she undertakes one of the following steps before any other person makes a complaint about the event or gathering:
a. Seeks assistance from the Lake County sheriff's department or other law enforcement agency to remove any person who refuses to abide by the host's performance of the duties imposed by this chapter, or
b. Terminates the event or gathering because the host has been unable to prevent underage persons from consuming illicit drugs or alcoholic beverages despite having taken all reasonable steps to do so.
2. This section does not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or that is exclusively between an underage person and his or her parent, as permitted by Illinois state law.
J. Fines; Penalties: Any person who violates or assists in the violations of any provision of this section shall be deemed to have committed a petty offense and shall be fined not more than seven hundred fifty dollars ($750.00) for each such violation. Each day on which, or during which, a violation occurs shall constitute a separate offense.
1. The first violation of this section shall be punishable by a fine of no less than two hundred fifty dollars ($250.00) or more than seven hundred fifty dollars ($750.00).
2. A second violation of this section by the same person within a twelve (12) month period shall be punishable by a fine of no less than five hundred dollars ($500.00) or more than seven hundred fifty dollars ($750.00).
3. A third or subsequent violation of this section by the same person within a twelve (12) month period shall be punishable by a fine of no less than seven hundred fifty dollars ($750.00). (Ord. 2010-O-60: Ord. 2006-O-14 § 1)