A. Definitions:
ALCOHOLIC LIQUOR: Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and, in the judgment of the Illinois Liquor Control Commission, capable of being consumed as a beverage by a human being. The word “solid” means any substance which, by dilution or processing, becomes an alcoholic beverage.
CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act. “Cannabis” also means cannabis flower, concentrate, and cannabis-infused products.
CONVEYANCE: Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.
EVENT OR GATHERING: Any group of three (3) 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 an event or gathering.
ILLICIT DRUGS: Any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that are in the possession of or used by someone other than the person to whom the drug was prescribed.
PARENT: Any person having legal custody of a juvenile:
As a natural, adoptive parent, or stepparent;
As a legal guardian; or
As a person to whom legal custody has been given by order of the court.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity.
PUBLIC PLACE: Means any place where a person could reasonably be expected to be observed by others. Public place includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. Public place includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government.
REASONABLE STEPS: Controlling access to alcoholic liquor at the event or gathering; controlling the quantity of alcoholic liquor present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting drivers’ licenses or other government issued identification cards to ensure that minors do not consume alcoholic liquor 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 alcoholic liquor 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 alcoholic liquor at the owner’s residence.
RELIGIOUS CEREMONY: The possession, consumption and dispensation of any alcoholic liquor 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 on a temporary or permanent basis, 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.
UNDERAGE PERSON: Any individual less than twenty one (21) years of age.
B. Certain Events And Gatherings Prohibited:
1. It is unlawful for any person to host, permit, allow, or fail to take reasonable steps to prevent an event or gathering at any residence or premises, or on any other property whether private or public, or in any conveyance, over which that person has control or a reasonable opportunity for control where illicit drugs, cannabis, or alcoholic liquor are present when that person knows or reasonably should know that an underage person will or does consume or possess any illicit drugs, cannabis, or alcoholic liquor.
2. It also is unlawful for any person to fail to take reasonable steps to prevent possession or consumption of illicit drugs or alcoholic beverages by an underage person at any such event or gathering. A person who hosts an event or gathering does not have to be present at the event or gathering to be in violation of this subsection B.
C. Other Responsible Persons:
1. A person is responsible for violating subsection B of this section if that person intentionally aids, advises, hires, counsels, conspires with, or solicits another person to commit a violation of subsection B of this section.
2. A person is responsible for violating subsection B of this section if that person knows or should have known about the committing of a prohibited act and failed to take reasonable steps to prevent the prohibited act.
D. Exceptions:
1. A person who hosts an event or gathering shall not be in violation of this chapter if he or she undertakes one of the following steps before any other person makes a complaint about the event or gathering:
a. Seeks assistance from the Lake Zurich Police Department or other law enforcement agency to remove any person who refuses to abide by the host's performance of the duties imposed by this chapter, or
b. Terminates the event or gathering because the host has been unable to prevent underage persons from consuming illicit drugs, cannabis, or alcoholic liquor despite having taken all reasonable steps to do so.
2. This section does not apply to conduct involving the use of alcoholic liquor that occurs at a religious ceremony or that is exclusively between an underage person and his or her parent, as permitted by Illinois State law. (Ord. 2016-12-168, 12-5-2016)
E. Fines; Penalties: Any person who violates or assists in the violations of any provision of this section shall be deemed to have committed a petty offense and shall be fined pursuant to title 13, chapter 1, "Fee Schedule", of this Code for each such violation. Each day on which, or during which, a violation occurs shall constitute a separate offense.
1. The first violation of this section shall be punishable by a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code.
2. A second violation of this section by the same person within a twelve (12) month period shall be punishable by a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code.
3. A third or subsequent violation of this section by the same person within a twelve (12) month period shall be punishable by a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code.
(Ord. 2016-12-168, 12-5-2016; amd. Ord. 2018-12-279, 12-3-2018; Ord. 2020-02-357, 2-3-2020)