A. Restrictions:
1. Except as provided in subsection B of this section, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in the state except in the original container and with the seal unbroken.
2. Except as provided in subsection B of this section, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in the state except in the original container and with the seal unbroken.
B. Exemptions: This section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used, or on a "motor home or minimotor home", as defined in 625 Illinois Compiled Statutes 5/1-145.01. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this section. For the purposes of this section, a "limousine" is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to 625 Illinois Compiled Statutes 5/6-104. The exemption applicable to chartered buses under this subsection does not apply to any chartered bus being used for school purposes.
C. Penalties:
1. Any driver who is convicted of violating subsection A1 of this section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided in 625 Illinois Compiled Statutes 5/6-206, subsection (a), paragraph 23.
2. Any driver who is less than twenty one (21) years of age at the date of the offense and who is convicted of violating subsection A1 of this section shall be subject to the loss of driving privileges as provided in 625 Illinois Compiled Statutes 5/6-205, subsection (a), paragraph 13, and 625 Illinois Compiled Statutes 5/6-206, subsection (a), paragraph 33. (Ord. 2001-O-20, 3-20-2001)