(A) Except as permitted by state law, it is unlawful for any person to permit, allow, host or fail to take reasonable steps to prevent an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance over which that person has control or a reasonable opportunity for control, where illicit drugs or alcoholic beverages have been consumed by an underage person, if such person either knows or reasonably should know that an underage person has consumed any illicit drugs or alcoholic beverages.
(B) A person who permits, allows or hosts an event or gathering shall be deemed to have known or should have known that an underage person has consumed illicit drugs or alcoholic beverages if the person has not taken all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by underage persons.
(C) A person who permits, allows or hosts an event or gathering shall be rebuttably presumed to have known or should have known that underage persons have consumed illicit drugs or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage person consumes illicit drugs or an alcoholic beverage.
(D) This section shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underage person and his or her parent or legal guardian, as permitted by Illinois state law.
(E) It is the duty of any person who permits, allows or hosts an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance, where underage persons will be present, to take all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by any underage person at the event or gathering.
(F) A person who hosts an event or gathering shall not be in violation of this chapter if he or she seeks the assistance from the Police Department or other law enforcement agency to remove any person who refuses to abide by the person's performance of duties imposed under this chapter, or terminate the event or gathering because the person has been unable to prevent underage persons from consuming illicit drugs or alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the event or gathering.
(G) A person who hosts an event or gathering does not have to be present at the event or gathering to be liable under this chapter.
(H) Any person found to be in violation of this chapter shall be responsible for any and all response costs incurred to investigate the event or gathering.
(Ord. 3759, passed 3-24-14) Penalty, see § 136.99