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A. Sales To Certain Persons Prohibited:
1. No licensee or other person shall sell, give or deliver alcoholic liquor, including beer and wine, to any person under the age of twenty one (21) years, or to any intoxicated person or to any person known by the licensee or other person to be a habitual drunkard, spendthrift, or insane, feeble-minded or distracted person.
2. If a person under the age of twenty one (21) years is in possession of alcoholic liquor on premises licensed to sell alcoholic liquor for consumption on such premises, it shall be presumed that the licensee sold, gave or delivered such alcoholic liquor to the minor in possession thereof.
3. For the purpose of preventing the violation of this subsection, any licensee, or its agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is twenty one (21) years of age or older.
B. Delivery Of Samples Of Alcoholic Liquor: No licensee shall deliver wine at a wine tasting, or any other alcoholic liquor at a tasting pursuant to a special event license issued by the Local Liquor Control Commissioner pursuant to section 4-1-17 of this chapter, unless an employee or agent of the licensee who is twenty one (21) years of age or older is present in the display area where the wine or other alcoholic liquor is available for consumption on the premises. It shall be the responsibility of such employee or agent, on behalf of the licensee, to demand presentation of positive identification showing proof of age if such employee or agent has reason to believe or should have reason to believe that any prospective recipient is underage.
C. Evidence Of Age Of Person Attempting To Purchase Or Receive Alcoholic Liquor:
1. If a licensee or its agent or employee believes, has reason to believe, or should have reason to believe, that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient is underage, then, before making such sale or delivery, the licensee shall demand presentation of positive identification issued by a public officer in the performance of official duties, and containing proof of age and a picture of the holder thereof. A traffic citation shall not be accepted as identification or evidence of age.
2. No person shall transfer, alter or deface an identification card issued by a Federal, state, county or municipal government or subdivision or agency thereof, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by means of false identification.
3. No person shall purchase, accept delivery or have possession of alcoholic liquor by the use of an altered, forged or defaced identification card or by the use of an identification card of another person.
4. No person shall misrepresent his age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold at retail.
D. Required Warning Signs:
1. In every place in the Village where alcoholic liquor is sold, there shall be displayed at all times, with the liquor license, in a prominent place, a "proof of age" sign provided by the Illinois Liquor Control Commission.
2. The Village Board finds that there is a need for public information about the risk of birth defects when women consume alcoholic liquor during pregnancy. The U.S. Surgeon General has recommended abstinence from alcohol during pregnancy. Since fetal alcohol syndrome and fetal alcohol effects are preventable, the Village Board finds that it is in the public interest to provide warning about the risk of alcohol related birth defects at places where alcoholic liquors are sold.
In every place in the Village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card, eight and one-half inches by eleven inches (81/2" x 11") in size, which shall read substantially as follows:
GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
E. Employment Of Underage Persons:
1. It shall be unlawful for any licensee, or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under the age of twenty one (21) years to attend bar or to draw, pour or mix any alcoholic liquor; provided that the provisions of this subsection shall not be construed to prevent the employment of persons who are at least nineteen (19) years of age as waiters or waitresses in restaurants, recreational facilities or hotels for the purpose of serving food and alcoholic liquor in the licensed retail premises.
2. It shall be unlawful for any licensee or any agent or employee of any licensee holding a retail liquor license authorizing the sale of alcoholic liquor not for consumption on the premises to permit any employee under the age of twenty one (21) years or any customer of any age to register, by mechanical or electronic means, the sale of any alcoholic liquor, including beer and wine.
F. Unlawful Possession And Consumption By Persons Underage; No Seating At The Bar:
1. No person under the age of twenty one (21) years shall possess, consume, purchase, attempt to purchase or accept delivery of alcoholic liquor within the Village; provided the possession and dispensing, or consumption by a person under the age of twenty one (21) years of alcoholic liquor in the performance of a religious ceremony, the consumption by a person under the age of twenty one (21) years under the direct supervision and approval of the parent or guardian of such underage person in the privacy of the parent's or guardian's home, or the possession and delivery of unopened containers of alcoholic liquors in pursuance of a person's lawful employment is not prohibited and shall not be construed as a violation of this subsection. A violation of this subsection F1 shall be treated as an infraction, and shall, upon conviction, be punishable as set forth in subsection 1-3-1A of this Code.
2. 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 as allowed under subsection F1 of this section.
3. No person under the age of twenty one (21) years shall occupy a seat at the bar.
G. Parental Responsibility: It shall be unlawful for any person to knowingly permit any child under the age of twenty one (21) of whom he or she may be the parent or guardian to violate any provision of this chapter.
H. Responsibility Of The Owner Or Occupant Of Premises:
1. It shall be unlawful for any owner or occupant of any premises located within the Village to knowingly allow any person under the age of twenty one (21) years and not his/her child to remain on such premises while in the possession of alcoholic liquor or while consuming alcoholic liquors in violation of subsection F of this section.
2. For purposes of this subsection, to "possess" alcoholic liquor shall include, but is not limited to, the presence of any amount of alcohol within the body of a person.
3. For purposes of this subsection, the refusal to submit to a test of a person's blood, urine or breath to determine if alcohol is present shall create a rebuttable presumption that the person possessed alcohol within his body. (Ord. G-570, 5-14-1996; Ord. G-630, 3-23-1999; Ord. G-656, 3-14-2000; Ord. G-828, 2-27-2007; Ord. G-1127, 3-27-2018)