(A) Any person shall be guilty of a Class A misdemeanor where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is under 21 years of age and the following factors also apply:
(1) The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage;
(2) The possession or consumption of the alcohol by the person under 21 is not otherwise permitted by ILCS Chapter 235, Act 5, §§ 1-1 et seq.; and
(3) The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition.
(B) For purposes of this section, 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.
(ILCS Chapter 235, Act 5, § 6-16) (Ord. 91-10, passed 7-22-1991) Penalty, see § 116.99