(A) Responsibility of licensee for acts of employees. Every act or omission of whatsoever nature constituting a violation of any provision of this chapter or the Illinois Liquor Control Act by any officer, director, manager, member, or other agent or employee of the licensee, shall be deemed to be the act of the licensee or employer. The licensee or employer shall be punishable in the same manner as if the act or omission has been done or omitted by the licensee personally.
(B) Responsibility of owner of property permitting violation. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter or Illinois Liquor Control Act, said owner, agent, or other person shall be deemed guilty of a violation of this chapter or the Illinois Liquor Control Act to the same extent as said licensee and be subject to the same penalty.
(C) Responsibility of persons in control of premises. It shall be unlawful for any person in control of a premises located within the city to knowingly allow any person under the age of 21 years to possess or consume alcoholic liquor on the premises or to knowingly allow any person under the age of 21 years to remain on such premises while possessing or consuming alcoholic liquor in violation of this chapter or state law.
(1) Obligation to verify age. The person in control of a premise has the affirmative obligation to verify that all persons on the premises in possession of or consuming alcoholic liquor are above the age of 21 years or otherwise doing so legally.
(2) Validity of license. It shall be unlawful for any person in control of a premises to sell alcoholic liquor on the premises without a valid liquor license or to knowingly allow any other person to sell alcoholic liquor on the premises without a valid liquor license.
(3) Persons in control of a premises. PERSONS IN CONTROL OF A PREMISES, for the purpose of this section, includes but is not limited to the following persons:
(a) In the case of an owner-occupied premises, the person in control is the owner(s). In the event the owner is not a natural person, but a corporation, limited liability company, partnership, trust, or similar entity, the person in charge shall be that natural person(s) who is authorized to control and occupy the premises.
(b) In the case of a leased or rented premise, the person in control is that person or those persons who have a lease, a rental agreement, or other form of control of the premises which has been conveyed by the owner or owner’s agent. In the event the lessee or renter is not a natural person, but a corporation, limited liability company, partnership, trust, or similar entity, the person in charge shall be that natural person who is in the day to day control of the premises, such as a manager.
(c) In the case of property such as a licensed fraternal establishment or licensed veteran’s establishment, the person in control shall be the person who has been designated in charge of the day to day operation of the local organization. In the absence of a designation of another responsible person, the president of the local chapter shall be considered to be the person in control of the premises.
(4) Exceptions. The provisions of this division (C) do not apply to the following circumstances:
(a) Possessing, dispensing, or consuming small quantities of alcoholic liquor by persons under the age of 21 years in the performance of a religious service or ceremony by a religious group;
(b) The consumption of small quantities of alcoholic liquor by person under the age of 21 years under the direct supervision and approval of the parent(s) or guardian(s) of such under 21-year-old person in the privacy of the parent’s or guardian’s home;
(c) Division (C)(1) above shall not apply to premises which are owned or otherwise controlled by a governmental or private entity when said premises is usually open to use by the general public such as rights-of-way, parks, and nature preserves or to situations of trespass or unauthorized entry onto a premise.
(d) Responsibility of licensee for acts on control premises. It shall be unlawful for any licensee to allow or permit upon the licensed premises or control premises any activity that is prohibited by the ordinances of the city.
(D) Penalty. Any person who violates this section shall be subject to a fine of not less than $250 and not more than $1,000.
(Ord. 2020-02, passed 1-27-2020)