(A) No licensee 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 or her to be under legal disability or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years except as provided in division (B)(3) of this section. Whoever violates the provisions of this division (A) is guilty of a misdemeanor.
(1) For the purpose of preventing the violation of this section, any licensee, or his 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 over the age of 21 years.
(2) Adequate written evidence of age and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces. Proof that the defendant-licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this section is competent evidence and may be considered in any proceedings for the suspension or revocation of any license based thereon.
(3) Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of 21 years evidence of age and identification of any other person shall be deemed to be guilty of a misdemeanor.
(4) Any person under the age of 21 years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor.
(5) Any person under the age of 21 years who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment. A licensee may employ a person 18 years of age or older as a waiter or waitress, primarily for the service of food in a licensed premise. However, it shall be unlawful for any such person under 21 years of age to draw, pour, and or mix alcoholic liquor as an employee of any licensee.
(B) It shall be unlawful for any person to whom the sale, gift, or delivery of any alcoholic liquor is prohibited because of age to purchase, accept a gift of such alcoholic liquor, or have such alcoholic liquor in his possession.
(1) If a licensee or his agents or employees believe or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification referenced in division (A) above, containing proof of age, issued by a public officer in the performance of his official duties.
(2) No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use false information; or otherwise misrepresent his age for the purpose of purchasing or obtaining alcoholic liquor or beverage in any tavern or other place in the Village where such alcoholic liquor or beverage is sold. No person shall purchase, accept delivery, or have possession of alcoholic liquor in violation of this division (B)(2). The consumption of alcoholic liquor by any person under 21 years of age is forbidden. Whoever violates the provisions of this section shall be guilty of a misdemeanor.
(3) The possession, dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this chapter.
(C) In every tavern or other place in the Village where alcoholic liquor is sold there shall be displayed at all times in a prominent place a printed card which shall be supplied by the Local Liquor Control Commission and which shall read substantially as follows:
“WARNING TO MINORS
You are subject to a fine of up to $1,000.00 under the ordinance of the Village of Schiller Park if you purchase any alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining any alcoholic liquor.”
(D) No licensee, nor any officer, associate, member, representative, agent, or employee of such licensee, shall permit or allow a person under the age of 21 years to enter or remain within a Lounge or the Lounge portion of a licensed premises unless such person is accompanied by their parent(s) or legal guardian(s) or is an employee of said Lounge. It shall be unlawful for any person under the age of 21 years to enter or remain within a Lounge or the Lounge portion of a licensed premises unless such person is accompanied by their parent(s) or legal guardian(s) or is an employee of said Lounge.
(Ord. 93-1834, passed 6-22-93; Am. Ord. 18-4100, passed 10-18-18) Penalty, see § 110.99