A. Definitions:
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 three (3) 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 an event or gathering.
ILLICIT DRUGS: Any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that 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:
1. As a natural, adoptive parent, or stepparent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity.
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.
REASONABLE STEPS: Controlling access to alcoholic beverages and/or illicit drugs at the event or gathering; controlling the quantity of alcoholic beverages and/or illicit drugs present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting drivers' licenses or other government issued identification cards to ensure that underage persons do not consume alcoholic beverages while at the event or gathering; and supervising the activities of an underage person at the event or gathering or calling for police assistance in the event people under twenty one (21) are in possession of alcohol and/or illicit drugs at the event or gathering.
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.
RESPONSE COST: Cost associated with responses by law enforcement, code enforcement, fire, and other emergency response providers to an event or gathering, including, but not limited to:
1. Salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an event or gathering, and the administrative costs attributable to such responses;
2. The cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the event or gathering;
3. The cost of repairing any damaged village equipment or property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving an event or gathering.
UNDERAGE PERSON: Any individual less than twenty one (21) years of age.
B. Certain Events And Gatherings Prohibited:
1. It is unlawful for any person to host, permit, allow, or fail to take reasonable steps to prevent an event or gathering at any residence or premises, or on any other property whether private or public, or in any conveyance, over which that person has control or a reasonable opportunity for control where illicit drugs or alcoholic beverages are present when that person knows or reasonably should know that an underage person will or does consume or possess any illicit drugs or alcoholic beverage.
2. It also is unlawful for any person to fail to take reasonable steps to prevent possession or consumption of illicit drugs or alcoholic beverages by an underage person at any such event or gathering. A person who permits, allows, or hosts an event or gathering shall be presumed to have known or should have known that underage persons have used or consumed illicit drugs or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage person uses or consumes illicit drugs or alcoholic beverages; however a person who hosts an event or gathering does not have to be present at the event or gathering to be in violation of this subsection B.
C. Other Responsible Persons:
1. A person is responsible for violating subsection B of this section if that person intentionally aids, advises, hires, counsels, conspires with, or solicits another person to commit a violation of subsection B of this section.
2. A person is responsible for violating subsection B of this section if that person knows or should have known about the committing of a prohibited act and failed to take reasonable steps to prevent the prohibited act.
D. Exceptions:
1. A person who hosts an event or gathering shall not be in violation of this chapter if he or she undertakes one of the following steps before any other person makes a complaint about the event or gathering:
a. Seeks assistance from the South Barrington police department or other law enforcement agency to remove any person who refuses to abide by the host's performance of the duties imposed by this chapter, or
b. Terminates the event or gathering because the host has been unable to prevent underage persons from consuming illicit drugs or alcoholic beverages despite having taken all reasonable steps to do so; provided that the host shall take all reasonable steps to ensure that intoxicated guests of the event or gathering do not operate a vehicle subsequent to the termination of the event or gathering.
2. This section does not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or that is exclusively between an underage person and his or her parent, as permitted by Illinois state law.
E. Fines; Penalties: Any person who violates or assists in the violation of any provision of this section shall be deemed to have committed a petty offense and shall be fined not more than one thousand dollars ($1,000.00) for each such violation. Each day on which, or during which, a violation occurs shall constitute a separate offense. In addition to any fine imposed, a person found to be in violation of this section shall be responsible for any and all response costs incurred to investigate and/or respond to the event or gathering.
The fines imposed pursuant to violation of this section shall be as follows:
1. The first violation of this section shall be punishable by a fine of no less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00).
2. A second violation of this section by the same person within a twelve (12) month period shall be punishable by a fine of no less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).
3. A third or subsequent violation of this section by the same person within a twelve (12) month period shall be punishable by a fine of no less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00). (Ord. 2015-1091, 9-10-2015)