(A) Definitions: For the purpose of this chapter, the following definitions shall apply specifically to this Section, provided that the definitions set forth in the Illinois Liquor Control Act of 1935 (235 ILCS 5/1-1, et. seq.) or elsewhere in this Code are not intended to be superseded, but supplemented herewith.
ALCOHOL: | Ethyl alcohol, hydraled oxide of ethyl, or spirts of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced |
ALCOHOLIC BEVERAGE: | Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. |
CONVEYANCE: | Any vehicle, trailer, watercraft or container operated for the transportation of person or property. |
EVENT OR GATHERING: | Any group of three or more persons who have assembled or gathered together for a social occasion or other activity. |
HOST: | To aid, conduct, allow, entertain, organize, supervise, control or permit a gathering or event. |
ILLICIT DREGS: | Any drug, substance or compound prohibited by law, including drugs prescribed by a physician which are in possession of or used by someone other than the person whom the drug was prescribed. |
PARENT: | Any person having legal custody of a juvenile: 1. As a natural, adoptive parent, or step-parent; 2. As a legal guardian; or 3. As a person to whom legal custody has been given by order of the court. |
PERSON: | Any individual, partnership, co-partnership, corporation or any association of one or more individuals. |
PUBLIC PLACE: | Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots. |
REASONABLE STEPS: | Controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages at the event or garnering; verifying the age of persons attending the event or gathering by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering calling for police assistance in the event people under twenty-one (21) are in possession of alcohol at the event or gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owners' residence. |
RELIGIOUS CEREMONY: | The possession, consumption and dispensation of alcohol or any alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony. |
RESIDENCE OR PREMISES: | Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. |
RESPONSE COSTS: | The costs associated with responses by law enforcement, fire or other emergency response providers to an event of gathering, including but not limited to: 1. Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an event or gathering, and the administrative costs attribute to such response; 2. Costs of any medical treatment for any law enforcement, fire or other emergency response personnel injured responding to, remaining at, or otherwise dealing with an event or garnering; 3. Costs of repairing any city equipment or property damaged, or the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an event of gathering. |
UNDERAGE PERSON: | Any individual under twenty-one (21) years of age. |
(B) Prohibited conduct and responsibilities of persons hosting an event or gathering: except as permitted by state law, it is unlawful for any person(s) to:
1. Host, permit, allow, or fail to take reasonable steps to prevent an event or gathering:
(a) At any residence, premises, or on any other private or public property or in any conveyance over which that person has control or a reasonable opportunity to control;
(b) Where illicit drugs, alcohol, alcoholic beverages are present;
(c) When the person knows or reasonably should know that an underage person will or does:
(1) Consume any illicit drugs, alcohol, or alcoholic beverages; or
(2) Possess any illicit drugs, alcohol or alcoholic beverages.
(d) The person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
2. A person who hosts an event of gathering does not have to be present at the event or gathering to be liable under this section.
3. A person who hosts an event or gathering shall be rebuttably presumed to have actual or constructive knowledge that underage persons have consumed illicit drugs, alcohol or alcoholic beverages if such person is present at the location of the event of gathering at the time an underage person consumes illicit drugs, alcohol or any alcoholic beverages.
4. It is the affirmative duty of any person who hosts an event or gathering at his or her residence or premises, public place, or any other residence or premises under his or her control, or in any conveyance under his or her control, to take all reasonable steps to prevent the consumption of illicit drugs, alcohol or alcoholic beverages by any underage person at such event or garnering.
5. A person who hosts an event or gathering shall be deemed to have actual or constructive knowledge that an underage person has consumed or is consuming illicit drugs, alcohol or alcoholic beverages at the event or garnering if the person has not taken all reasonable steps to prevent the consumption of illicit drugs, alcohol or alcoholic beverages by underage persons.
6. A person who hosts an event of gathering shall not be in violation of this section if her or she:
(a) Seeks assistance from the City Police Department or other law enforcement agency to remove any person who refuses to abide by the person's performance of the duties imposed by this section; or
(b) Terminates the event or gathering because the person has been unable to prevent underage person from consuming illicit drugs, alcohol or alcoholic beverages despite having taken all reasonable steps to do so, as long as such request or termination is made before any other person makes a complaint to the City Police Department or other law enforcement agency about the event or gathering.
7. This section shall not apply to conduct involving the use of alcohol or alcoholic beverages that occur at a religious ceremony or exclusively between an underage person and his or her parent.
8. A person is responsible for and subject to penalties, for violating this section if the person intentionally aids, advises, hires, counsels, conspires with or otherwise procures another person in hosting an event or gathering where that person has actual or constructive knowledge that underage person will be consuming alcohol, alcoholic beverages or illicit drugs at such event or gathering.
(C) Penalties:
1. Responsible for Costs: Any person found to be in violation of this section shall be responsible for any and all response costs.
2. Fines: Any person who violates or assists in the violations 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.
(a) The first violation of this section shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00).
(b) The second violation of this section by the same person, within a twelve month period, shall be punishable by a fine of no less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).
(c) A third or subsequent violation of this section by the same person, within a twelve month period, shall be punishable by a fine of seven hundred fifty dollars ($750.00).
3. Enforcement: Violations of this section may be enforced by issuance of a notice of violation for the fine and response costs amounts and/or by issuance of a notice to appear. (Ord. 17-15, 6-19-2017)