§ 112.39 SALE, GIFT, OR DELIVERY OF LIQUOR TO PERSONS UNDER 21 YEARS OF AGE.
   (A)   No licensee, holding a retail liquor dealer's license in the village, nor any officer, associate, member, representative, agent, or employee of such licensee, shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor shall give it to another person under the age of 21 years, except in the performance of a religious ceremony or service.
('70 Code, § 9.18.1)
   (B)   Any person to whom the sale, gift, or delivery of alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of alcoholic liquor or have alcoholic liquor in his possession. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the nonage of the prospective recipient, shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
('70 Code, § 9.18.2)
   (C)   No person under the age of 21 years, shall possess, or consume any alcoholic liquor.
   (D)   It shall be unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of any provision of the Village Code of Peotone's Alcoholic Liquor Ordinance (§§ 112.01 et seq.) A parent or guardian is deemed to have permitted his or her residence to be used in violation of this section if he or she knowingly authorizes, enables, or permits such use to occur by failing to limit access to either the residence or the alcoholic liquor maintained in the residence. Nothing in this § 112.39(D) shall be construed to prohibit the giving of an alcoholic liquor to a person under the age of 21 in the performance of a religious ceremony or service.
   (E)   Any person shall be guilty of an offense where he or she knowingly permits a gathering at a residence which he or she occupies of two or more of the persons where any one or more of the persons is under 21 years of age and the following factors apply:
      (1)   The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage; and
      (2)   The possession or consumption of the alcohol by the person under 21 is not otherwise permitted by Illinois law or ordinance; and
      (3)   The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition. For purposes of this division (E), where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
   (F)   Any person who rents a hotel or motel room from the proprietor or agent thereof 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 21 shall be guilty of an offense.
   (G)   Except as otherwise provided by the Illinois law, any person who has an alcoholic liquor in his or her possession on public school district property on school days or at any events on public school property when the children are present is guilty of an offense, unless the alcoholic liquor (i) is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor or (ii) is in the possession of a person in or for the performance of a religious service or ceremony authorized by the School Board.
(Am. Ord. passed 11-12-79; Am. Ord. 94-19, passed 2-6-95; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99