A. Individuals Restricted: It shall be unlawful for any licensee, officer, associate, member, representative, agent or employee of such licensee to sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person or to any person known by him/her to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment, and no person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service, or acting at the direction of a law enforcement officer; provided, however, no licensee to whom a license has been issued pursuant to the provisions of this chapter shall permit or allow any employee or other person, male or female, under the age of twenty one (21) years, to draw, pour, mix, serve, or sell any alcoholic liquor, provided, however, nothing contained in this section or in this chapter shall prohibit or be construed to prohibit the temporary possession of alcoholic liquor by an employee of a Class B, Class C, Class D, Class E, Class F, Class G, Class I, Class K, and/or Class L licensee which employee is at least eighteen (18) years of age but less than twenty one (21) years of age, while lawfully serving alcoholic liquor to one or more customers at table(s) in the course of their employment, if such employee is always working under the supervision of another employee of the licensee who is at least twenty one (21) years of age. (Ord. 2008-O-18, 5-6-2008)
B. Misrepresentation Of Age: It shall be unlawful for any person under the age of twenty one (21) years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold. If a licensee or licensee's agent or employees believe, has reason to believe, or should have reason to believe that a sale or delivery to a prospective recipient is prohibited, shall, before making such sale or delivery, demand presentation of some form of positive identification containing proof of age, issued by a public officer in the performance of his official duties. Reasonable care in compliance with the provisions of this subsection shall be competent evidence and may be considered in prosecution, revocation or suspension for the violation of any section of this chapter relating to a person's age but shall not act as a defense or bar to prosecution, revocation or suspension for the violation of any other provision of this chapter. (Ord. 2018-O-17, 8-7-2018)
C. Identification:
1. Transfer, Alteration Or Defacing Identification: No person shall transfer, alter or deface such an identification card, allow another person to use their identification card, use the identification card of another, carry or use a false or forged identification card or obtain an identification card by means of false information all for the purpose of obtaining or seeking to obtain alcoholic liquor. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section.
2. Demand For Identification: If a licensee or licensee's agents or employees believe or have reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of this prospective recipient, he/she shall, before making such sale or delivery, demand presentation or some form of positive identification containing proof of age issued by a public officer in the performance of his or her official duties.
3. Refusal To Serve: For the purpose of preventing the violation of this section, any licensee, or licensee's agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce the required written evidence of identity and of the fact that he/she is over the age of twenty one (21) years.
D. Minors:
1. No person under the age of twenty one (21) years may purchase, receive, accept, have in his or her possession or control, or consume any alcoholic beverages.
2. It shall be unlawful for any licensee, licensee's agent or employee, to permit any person under the age of twenty one (21) years to draw, pour or mix any alcoholic liquor.
3. No persons under twenty one (21) years of age shall purchase, accept delivery or have possession of or consume alcoholic liquor.
4. No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service, or acting at the direction of a law enforcement officer.
5. It is unlawful for any person to knowingly suffer, permit or allow the violation of the provisions of this section in any motor vehicle, conveyance, vessel, house, apartment, room, hotel room, shed, yard, premises, or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier thereof. Whenever a person is present within any motor vehicle, conveyance, vessel, house, apartment, room, hotel room, shed, yard, premises or other area of which such person is the owner, lessee, permittee, bailee, legal possessor or occupier thereof at the time that a violation of the provisions of this section occurs therein, it shall be prima facie evidence that such person had knowledge of such violation.
6. It shall be unlawful for any parent or guardian to permit any minor child of which he or she be parent or guardian to violate any provisions of this section.
7. It shall be unlawful for any person under the age of twenty one (21) to remain in any motor vehicle, conveyance, vessel, house, apartment, room, hotel room, shed, yard, premises, or other area when said person knows, or reasonably should know, that one or more other persons under the age of twenty one (21) years are located in such motor vehicle, conveyance, vessel, house, apartment, room, hotel room, shed, yard, premises, or other area are:
a. In possession of any cannabis or controlled substance prohibited by Illinois Statute;
b. In possession of any alcoholic beverages, except that a person under the age of twenty one (21) years may be in possession of or consume alcoholic beverages in the performance of a bona fide religious service or ceremony.
8. It shall be unlawful for any person who has ownership or control of any premises to knowingly suffer, permit or allow two (2) or more persons under the age of twenty one (21) years to assemble or be assembled on such premises:
a. In possession of any cannabis or controlled substance prohibited by Illinois Statute;
b. In possession of any alcoholic beverages, except that a person under the age of twenty one (21) years may be in possession of or consume alcoholic beverages in the performance of a bona fide religious service or ceremony.
9. Nothing contained herein shall prohibit, or be construed as prohibiting a person under the age of twenty one (21) years from:
a. Participating in a religious ceremony;
b. Acting at the direction of a law enforcement officer;
c. Having the temporary possession of alcoholic liquor as an employee of a Class B, Class C, Class D, Class E, Class F, Class G, Class I, Class K, and/or Class L licensee which employee is at least eighteen (18) years of age but less than twenty one (21) years of age, while lawfully serving alcoholic liquor to one or more customers at table(s) in the course of their employment, if such employee is always working under the supervision of another employee of the licensee who is at least twenty one (21) years of age. (Ord. 2008-O-18, 5-6-2008)