A. Except as provided in subsection C of this section, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this state except in the original container and with the seal unbroken.
B. Except as provided in subsection C of this section, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this state except in the original container and with the seal unbroken.
C. This section shall not apply to the passengers twenty one (21) years of age or older in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers twenty one (21) years of age or older on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini-motor home as defined in section 1-145.01 of the Illinois vehicle code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this section. For the purposes of this section, a "limousine" is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to section 6-104 of the Illinois vehicle code.
D. The exemption applicable to chartered buses under subsection C of this section does not apply to any chartered bus being used for school purposes.
E. Any driver who is convicted of violating subsection A of this section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided in paragraph 23 of subsection (a) of section 6-206 of the Illinois vehicle code.
F. Any driver, who is less than twenty one (21) years of age at the date of the offense and who is convicted of violating subsection A of this section or a similar provision of a local ordinance, shall be subject to the loss of driving privileges as provided in paragraph 13 of subsection (a) of section 6-205 and paragraph 33 of subsection (a) of section 6-206 of the Illinois vehicle code. (Ord. 3040, 8-20-2001)
G. Any person found guilty of violating this section shall be fined an amount of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for the first offense, an amount of not less than three hundred fifty dollars ($350.00) nor more than seven hundred fifty dollars ($750.00) for the second offense, and an amount of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for the third offense and any subsequent offenses. (Ord. 3169, 4-19-2004)