Any person shall be guilty of a violation of this Code where he or she knowingly permits a gathering at a residence which he or she occupies of two (2) or more persons where any one or more of the persons is under twenty-one (21) years of age and the following factors also apply:
(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 this Code and
(C) the person occupying the residence knows that the person under the age of twenty-one (21) leaves the residence in an intoxicated condition.
For the 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. (235 ILCS 5/6- 16)