A. Purchase, Possession, Consumption Prohibited; Exceptions: Any person less than twenty one (21) years of age shall not purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his possession. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this subsection. The consumption of alcoholic liquor by any person less than twenty one (21) years of age is forbidden. The possession and dispensing or consumption by a person under twenty one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under twenty one (21) years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home is not prohibited by this subsection. Violation of this subsection shall be punishable by a fine of two hundred fifty dollars ($250.00) for the first offense and five hundred dollars ($500.00) for any subsequent offense within a twelve (12) month period. (2013 Code § 3-1-24; amd. 2016 Code)
B. Right To Request Identification: If a licensee, or any agent or employee thereof, believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient is under the age of twenty one (21) years, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties. (2013 Code § 3-1-16)
C. Employment:
1. Except as enumerated herein, no licensee shall employ any person under the age of twenty one (21) years to sell, handle, draw, serve, pour, or mix any alcoholic liquor, beer, or wine, or to tend bar on the licensed premises.
2. Where the principal business of the licensee is the sale of food, food servers who are eighteen (18) years of age or older may serve alcoholic beverages. For purposes of this section, a licensee has as its principal business the sale of food when the gross annual receipts of such sales exceed fifty percent (50%) of the licensee's total gross income from business conducted on the licensed premises.
3. Where the principal business of the licensee is the sale of alcoholic liquor, beer, or wine, no such licensee shall employ, engage or permit any person under the age of eighteen (18) years who is not related to the licensee by blood or marriage to work, entertain, or to act as host or hostess in any public area on the licensed premises while such premises is open for the sale at retail of alcoholic liquor. For purposes of this subsection, a licensee has as its principal business the sale of alcoholic liquor, beer, or wine when the gross receipts of such sales exceeds fifty percent (50%) of the licensee's total gross income from business conducted on the licensed premises.
4. It shall be the duty of all licensees to keep and maintain records of persons performing services within the licensed premises to ensure compliance with this subsection. (2013 Code § 3-1-17)
D. Social Hosting:
1. It is unlawful for any parent or guardian to knowingly permit his or her residence, or any other private property under his or her control, to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of twenty one (21), in a manner that constitutes a violation of any state of Illinois statute or this code relating to alcoholic beverages. A parent or guardian is deemed to have knowingly permitted his or her residence, or any other private property under his or her control, to be used in violation of this subsection D if he or she knowingly authorizes or permits consumption of alcoholic liquor by underage invitees. Any person who violates this subsection D shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).
2. Where a violation of this subsection D directly or indirectly results in great bodily harm or death to any person, the person violating this subsection D shall be prosecuted pursuant to state statute in lieu of this subsection D. Nothing in this subsection D shall be construed to prohibit the giving of alcoholic beverages to a person under the age of twenty one (21) years in the performance of a religious ceremony or service in observation of a religious holiday. (Ord. O-13-11, 5-21-2013)
3. Any person to knowingly authorize or permit a residence which he or she occupies to be used by an invitee under twenty one (21) years of age and: a) the person occupying the residence knows that any such person under the age of twenty one (21) is in possession of or is consuming any alcoholic beverage; and b) the possession or consumption of the alcohol by the person under twenty one (21) is not otherwise permitted by law shall be in violation of this subsection. (Ord. O-13-11, 5-21-2013; amd. 2016 Code)
4. For the purposes of this subsection D, where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee. A person shall not be in violation of this subsection D if:
a. He or she requests assistance from the police department or other law enforcement agency to either: 1) remove any person who refuses to abide by the person's performance of the duties imposed by this subsection D; or 2) terminate the activity because the person has been unable to prevent a person under the age of twenty one (21) years from consuming alcohol despite having taken all reasonable steps to do so; and
b. This assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity. (Ord. O-13-11, 5-21-2013)