(A) No licensee, agent or employee shall knowingly allow an underage person to purchase, be served, accept or otherwise possess any alcoholic or non-alcoholic liquor on the licensed premises.
(B) No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give away or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
(C) No licensee, agent or employees, shall suffer or permit any underage person to patronize, frequent or loiter in any establishment deriving its principal business from the sale of alcoholic liquor for consumption on the premises; or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located.
(1) However, this prohibition shall not apply to any underage person who is accompanied by his or her parent, guardian or spouse, or to any licensed premises which derives its principal business from the sale of service or goods other than alcoholic liquor.
(2) Nor do the prohibitions apply to any underage person who is engaged in lawful employment to the extent such persons’s presence at the licensed premises is necessary in connection with said employment and is permitted by this chapter.
(D) No licensee, agent or employees, shall sell, give away, permit to be sold or served or given away any alcoholic liquor to any intoxicated person or to any person known to be a habitual drunkard, spendthrift, insane or mentally ill person, mentally deficient person or person in need of mental treatment.
(E) No licensee can sell, give away, permit to be sold or served or given away for consumption on the licensed premises any distilled spirits except by the glass, or any malt or vinous beverage except in individual servings not exceeding 13 fluid ounces.
(1) However, this division (E) does not apply to unrestricted licensees, unrestricted club licensees, unrestricted package goods licensees and unrestricted service industry licensees.
(2) Nor should this division (E) be construed to prohibit a licensee from selling pitchers, carafes or bottles of alcoholic liquor which are customarily sold as such and delivered to two or more persons at one time.
(F) No person licensed pursuant to this chapter shall sell, give away, permit to be sold or served or given away for consumption on the licensed premises any alcoholic liquor from a drive-in window or other similar opening in the licensed premises to any patron occupying a motor vehicle at the time of such sale. Nor shall any person licensed pursuant to this chapter provide curb service sales of alcoholic liquor to any patron occupying a motor vehicle at the time of such sale upon the premises, a public street or private property.
(G) If a licensee, agent or employee believes or has reason to believe that a sale, gift or delivery of any alcoholic liquor is prohibited because the prospective recipient is underage, said licensee, agent or employee shall, before making such sale, gift or delivery demand presentation of some form of positive identification containing proof of age, issued by a public officer in the performance of his or her official duties.
(1) A licensee, his or her agent or employee may refuse to sell, serve, give or deliver alcoholic beverages to any person who is unable to produce adequate written evidence of identity and age by production of a document issued by the federal, state or county government, or subdivision or agency thereof, including, but not limited to, the following documents:
(a) A motor vehicle operator’s license;
(b) A registration certificate issued under the Federal Selective Service Act, being 50 U.S.C. App. §§ 451 et seq.; or
(c) An identification card issued to a member of the Armed Forces.
(2) Proof that the licensee, or his or her employee or agent, demanded, examined and reasonably relied upon such written evidence in any transaction forbidden by this chapter is competent evidence and may be considered in any general complaint, suspension or revocation proceedings based thereon.
(3) In order to reasonably rely upon written evidence regarding a patron’s identity and age, a licensee, agent or employee shall use the prudent judgment of a reasonable and informed person, and shall scrutinize said written evidence of age and identity by doing the following:
(a) Determine if the physical description and photograph (if any) on the document presented matches that of the presenting person;
(b) Determine whether the plastic seal on the identification card is intact or broken; and
(c) In the case of an Illinois driver’s license, determine whether the seventh and eighth digits in the driver’s license number (excluding the beginning initial) match the stated date of birth located elsewhere on the driver’s license.
(4) If from the foregoing, a reasonable person would or should doubt the authenticity of the identification card, then the person offering the identification must not be sold, served or delivered any alcoholic liquor.
(H) The giving away or delivery of any alcoholic liquor for the purpose of evading any provision of this chapter; or the taking of orders or the making or agreements regarding the sale or delivery of any alcoholic liquor at or within any premises while the sale of alcoholic liquor is prohibited; or any other shift or device to evade any provision of this chapter is prohibited and shall constitute unlawful selling.
(1993 Code, § 70.33) (Ord. 93-09, passed 12-15-1993) Penalty, see § 70.999
Statutory reference:
Purchase or acceptance of gift of liquor by persons under 21, see 235 ILCS 5/6-20
Sale to and possession by persons under 21, intoxicated persons, persons under legal disability or in need of mental treatment, see 235 ILCS 5/6-16