A. Serving Of Alcoholic Beverage To An Underage Person: It shall be unlawful for any person, regardless of relationship, age or circumstances, to deliver any alcoholic beverage to any underage person, except as set forth in subsection C of this section.
B. Use Of Premises For Consumption Of An Alcoholic Beverage: It shall be unlawful for any person to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on premises under his or her control, the consumption of an alcoholic beverage by an underage person. This section shall apply to residential, public and commercial premises and to the private and regulated service of an alcoholic beverage. For purposes of this section, if a person over twenty one (21) years of age is in a residence where underage drinking is occurring, negligence in either permitting or failing to prevent the consumption shall be presumed and the burden of proving that such person was not negligent shall fall on such person.
C. Exceptions: Subsections A and B of this section shall not apply in the following circumstances:
1. The performance of a bona fide religious service.
2. The service of an alcoholic beverage within the home to an underage person, by and under the direct supervision of that underage person's parent. However, the following rules shall be applied to this subsection C2:
a. In any prosecution of an underage person for the commission of any state or local offense, the prosecutor, upon reasonable grounds, may request a ruling and the court shall rule as to whether the consumption of an alcoholic beverage, as permitted by the parent, was a contributing factor to the commission of the offense. If it is so determined in the affirmative, then the penalty set forth in section 13.601 of this chapter shall apply. For purposes of this subsection, the consumption of alcohol may be determined to be a contributing factor if it had the effect of substantially causing an impairment to the person as "impairment" is defined in this chapter. It need not be shown that, but for the consumption of alcohol, the offense would not have been committed.
b. The parent shall remain vicariously liable as set forth in subsection D of this section.
D. Vicarious Liability Of A Parent Or Other Person Facilitating The Use Of Alcoholic Beverages: The following persons shall be liable to any individual who has been injured by an alcohol impaired underage person when the impairment is a contributing cause of the injury:
1. Any person who delivered or permitted the service of an alcoholic beverage to the underage person. For purposes of this subsection D1, the person making or permitting the initial serving to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic beverage changed hands.
2. Any person in control of a premises who knowingly or negligently fails to maintain supervision to such an extent that an alcoholic beverage is consumed on the premises by an underage person as set forth in subsection B of this section.
3. Any person who knowingly or negligently allows the operation of a motor vehicle under his or her control by an underage person, when the person knew or in the exercise of ordinary judgment should have known that the underage person was either impaired or had consumed any amount of alcohol within two (2) hours prior to when the driving occurred.
The vicarious liability established by this section shall not be subject to the limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21. (Ord. 5727, 3-3-2009)