A. Renting Hotel Or Motel Rooms: No person shall rent a hotel or motel room from the proprietor or agent for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of twenty one (21) years.
B. Curfew For Minors:
1. Curfew Hours: It shall be unlawful for any person less than seventeen (17) years of age to be present at or upon any public assembly, building, place or street at the following times:
Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday;
Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Sunday;
Between eleven o'clock (11:00) P.M. on Sunday, Monday, Tuesday, Wednesday or Thursday and six o'clock (6:00) A.M. the following day.
2. Defense To A Violation: It is a defense to a violation under this chapter that the minor is engaged in the prohibited conduct while:
a. Accompanied by the minor's parent, legal guardian, or adult acting in loco parentis.
b. Accompanied by an adult at least eighteen (18) years of age approved by the minor's parent or guardian ("authorized adult");
c. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
d. In a motor vehicle involved in interstate travel;
e. Married or has been married or is an emancipated minor under the Emancipation of Minors Act;
f. Participating in, going to, or returning from any of the following without any detour or stop:
(1) Employment which the laws of this State authorize a person less than seventeen (17) years of age to perform;
(2) An authorized school or recreational activity;
(3) A religious event;
(4) A recreational activity supervised by adults and sponsored by a government or governmental agency, or a civic organization that takes responsibility for the minor;
(5) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(6) An activity involving the exercise of the minor's rights protected under the First Amendment to the United States Constitution or article 1, sections 3, 4 and 5 of the Constitution of the State of Illinois, or both; or
(7) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult(s).
3. Before Enforcement Action: Before taking enforcement action, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. A citation for subsection B1 of this section may be issued by a police officer only if he or she reasonably believes that a violation has occurred and none of the defenses enumerated in subsection B2 of this section apply.
4. Knowingly Permitting Minors Out Past Curfew: It is unlawful for a parent, legal guardian, or authorized adult to knowingly permit a person under the age of seventeen (17) in his or her custody or control to violate the provisions of subsection B1 of this section. If a parent, legal guardian or authorized adult has custody of a person under the age of seventeen (17) and the person under the age of seventeen (17) is present at any public assembly, or is in or upon any building, business, street or other public place or public way there shall exist a rebuttable presumption that such presence is in violation of subsection B1 of this section, and none of the defenses enumerated in subsection B2 of this section apply.
5. Violation; Penalty: Any person convicted of a violation of subsection B1 of this section, shall be fined upon conviction two hundred fifty dollars ($250.00) for the first violation in any twelve (12) month period; four hundred dollars ($400.00) for a second violation in any 12-month period; and seven hundred fifty dollars ($750.00) for a third or subsequent violation in any twelve (12) month period.
C. Social Hosting:
1. Definitions: For the purposes of this subsection C, the terms herein are defined as follows:
ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
CONVEYANCE: Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.
EVENT OR GATHERING: Any group of two (2) 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 a gathering or event.
ILLICIT DRUG: Any drug, substance or compound prohibited by law, as defined in the Illinois Controlled Substance Act, 720 Illinois Compiled Statutes 570/100 et seq., or the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/1 et seq., including drugs prescribed by a physician which 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: a) as a natural parent, adoptive parent, or stepparent; b) as a legal guardian; or c) as a person to whom legal custody has been given by order of the court.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots.
RELIGIOUS CEREMONY: The possession, consumption and dispensation of alcohol or an alcoholic beverage 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 INDIVIDUAL: Any individual under twenty one (21) years of age.
2. Public Nuisance: It is hereby declared to be a public nuisance and unlawful for any person to permit, allow, or host an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance where illicit drugs, alcohol or alcoholic beverages are consumed by an underage individual, if such person either knows or reasonably should know that an underage individual is consuming any illicit drugs, alcohol or alcoholic beverages. For purposes of this subsection C2:
a. A person who permits, allows or hosts an event or gathering shall be deemed to have known or should have known that an underage individual is consuming illicit drugs, alcohol or alcoholic beverages if the person is not taking all reasonable steps to prevent the consumption of illicit drugs, alcohol or alcoholic beverages by underage individuals in the person's residence or on the premises;
b. A person who permits, allows, or hosts an event or gathering shall be rebuttably presumed to have known or reasonably should have known that underage individuals have consumed illicit drugs, alcohol or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage individual consumes illicit drugs, alcohol or alcoholic beverages;
c. A person who hosts an event or gathering does not have to be present at the event or gathering to be liable under this chapter.
3. Exceptions: A person is not in violation of this subsection C if:
a. The conduct involving the use of alcoholic beverages by an underage individual occurs at a religious ceremony or exclusively between an underage individual and his or her parent or legal guardian, as permitted by Illinois State law; or
b. The person seeks assistance from the Police Department or other law enforcement agency to remove any underage individual who refuses to abide by the person's performance of the duties imposed by this subsection, or terminates the event or gathering because the person has been unable to prevent underage individuals from consuming illicit drugs, alcohol or alcoholic beverages despite having taken all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the event or gathering.
4. Violation; Penalty: Any person who violates subsection C2 of this section shall be fined the maximum amount permitted in section 1-3-1A of this Code. (Ord. G-577, 10-22-1996; Ord. G-797, 1-10-2006; Ord. G-1029, 7-22-2014; Ord. G-1127, 3-27-2018)