A. Possession, Consumption Or Sale To Prohibited:
1. No person under the age of twenty one (21) years shall consume, purchase or accept delivery of alcoholic liquor or have alcoholic liquor in his or her possession within the Village; provided, the possession and dispensing or consumption of alcoholic liquor in the performance of a religious service or ceremony, the consumption by a person under the age of twenty one (21) under direct supervision and approval of the parent(s) or guardian(s) of such underage person in the privacy of the parent's or guardian's home, or the possession or delivery of alcoholic liquors in pursuance of a person's employment by a licensee under this chapter as allowed in subsection E of this section is not prohibited.
2. No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years, except as allowed under this subsection A. (1976 Code §3-45)
3. It shall be unlawful for any person to knowingly or negligently permit, on premises under his or her control, the consumption of alcoholic liquor by an underage person unless such possession and/or consumption is otherwise permitted under subsection A1 of this section. This section shall apply to residential and commercial premises.
4. Any person found guilty of violating subsection A2 or A3 of this section shall be fined in the mandatory amount of five hundred dollars ($500.00). (Ord. 94-70, 9-22-1994)
B. Presence On Licensed Premises: It shall be unlawful for any holder of a liquor license, or his agent or employee, to suffer or permit any person under the age of twenty one (21) years to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided, that this subsection shall not apply to any person under the age of twenty one (21) years who is accompanied by his or her parent or guardian, or to that portion of any licensed premises which derives its principal business from restaurants or the sale of service or commodities other than alcoholic liquor.
For the purpose of preventing the violation of this subsection, 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 twenty one (21) years, as required by this chapter. (1976 Code §3-48)
C. Identification Requirements:
1. If a licensee or his agent or employee believes, has reason to believe or should have reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient is underage, then he shall, before making such sale or delivery, demand presentation of at least two (2) separate forms of positive identification, each containing proof of age, each issued by a public officer in the performance of his official duties and one of those forms of identification must contain a picture of the holder thereof. A traffic citation shall not be accepted as identification or evidence of age.
2. No person shall transfer, alter or deface an identification card issued by a Federal, state, county or municipal government or subdivision or agency thereof, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by means of false identification.
3. No person shall purchase, accept delivery or have possession of alcoholic liquor by the use of an altered, forged or defaced identification card or by the use of an identification card of another person.
4. No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold at retail. (1976 Code §3-49)
5. Any underage person found guilty of attempting to obtain delivery of alcoholic liquor by use of false proof of age shall be subject to a mandatory fine of five hundred dollars ($500.00). (Ord. 94-70, 9-22-94)
D. Warning Signs: In every 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 Village Clerk and which shall read substantially as follows:
WARNING: If you are under twenty one (21) years of age, you are subject to a fine up to $500.00 under the Code of Ordinances of the Village of Woodridge, if you PURCHASE alcoholic liquor or MISREPRESENT YOUR AGE for the purpose of purchasing or obtaining alcoholic liquor. OFFICIAL PHOTO IDENTIFICATION will be required to prove age before purchase.
(1976 Code §3-50)
E. Employment of Minors:
1. It shall be unlawful for any licensee, or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under the age of twenty one (21) years to attend bar and/or to draw, pour or mix any alcoholic liquor in any licensed premises; provided, that the provisions of this subsection shall not be construed to prevent the employment of persons who are at least nineteen (19) years of age as waiters or waitresses in restaurants, hotels or motels for the purpose of serving food and alcoholic liquor on the licensed retail premises.
2. It shall be unlawful for any licensee, or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under twenty one (21) years of age to sell any alcoholic liquor in any licensed premises. (1976 Code §3-52)
F. Parental Responsibility: It shall be unlawful for any parent or guardian to knowingly suffer or permit any minor child, of which he or she may be the parent or guardian, to violate any provision of this Chapter. (1976 Code §3-46)
G. Additional Penalty for Sale to Minors: In addition to all other fines and penalties, the Local Liquor Control Commissioner may revoke, suspend or refuse to renew any license of a licensee who violates the provisions of subsections 3-3-21C and 3-3-22B of this Chapter or whose employee or agent violates the provisions of said subsections.
Proof that the licensee, or his employee or agent, demanded, was shown, and reasonably relied upon written evidence of identification, as required by subsection C of this Section, in any transaction forbidden by subsections 3-3-21C and 3-3-22B of this Chapter, is competent evidence and may be considered in any ordinance violation prosecution or in any proceedings for the suspension or revocation of any license based on a violation of subsections 3-3-21C and 3-3-22B of this Chapter. (1976 Code §3-51; amd. Ord. 94-70, 9-22-94)
H. Vicarious Liability of a Parent or Other Person Facilitating the Use or Abuse of Alcoholic Liquor: The following persons shall be liable to any individual who has been injured by an alcohol-impaired underage person when the impairment is a contributing cause of the injury:
1. Any person who delivered to the underage person any alcoholic liquor which contributed to the impairment. The person making the initial delivery to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic liquor changed hands.
2. Any person in control of a premises, who knowingly or negligently fails to maintain supervision to such an extent that alcoholic liquor is consumed on the premises by an underage person.
3. Any person who knowingly or negligently permits the operation of a motor vehicle under his or her control by an underage person, when the person knew or in the exercise of ordinary judgment should have known that the underage person was either impaired or had consumed any amount of alcoholic liquor within two (2) hours prior to when the permission was granted.
The vicarious liability established by this subsection shall not be subject to the limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21.
I. Operation of a Motor Vehicle by Underage Persons with Alcoholic Liquor in or on the Vehicle; or When the Underage Person is Impaired Due to Alcoholic Liquor: The following shall apply when any underage person is found in the Village operating any motor vehicle in which or on which is found any alcoholic liquor of any kind or nature, or when the underage person is in a state of impairment due to consumption of alcoholic liquor:
1. The motor vehicle shall be subject to immediate impoundment by the police department;
2. The motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle:
a. If the vehicle operator is under eighteen (18) years of age and is the owner or lessor of the vehicle, then the vehicle may be released only to a parent or legal guardian of the underage owner;
3. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the time the alcoholic liquor was found unless at least twenty four (24) hours have passed from the time of the finding; (Ord. 94-70, 9-22-1994)
4. (Rep. by Ord. 2014-45, 7-24-2014, eff. 9-1-2014)
5. The following factors shall not be considerations in determining whether or not to impound the motor vehicle:
a. Whether the alcoholic liquor is in an opened or unopened container;
b. Whether the operator is the owner of the alcoholic liquor or the vehicle;
c. Whether the operator had knowledge of the existence of the alcoholic liquor within the motor vehicle.
6. The above obligations and penalties shall be in addition to the penalties that may be assessed in a court of law for any charges incident to the stop;
7. Any law enforcement officer, the police department and the village and any of its officers or agents shall be absolutely immune from any liability or exposure to liability of any kind or nature for the enforcement or implementation of this subsection.
J. Unless another penalty is set forth in this chapter, every person found guilty of a violation of any of the provisions of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each offense and a separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. Any fines set forth in this chapter shall be assessed regardless of whether the violator is convicted or placed on supervision by the court. If the court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination of a fine and community service, the fine may be mitigated at a rate of one hour of community service for every ten dollars ($10.00) of the mandatory fine. (Ord. 94-70, 9-22-1994)
Notes
| 1 | 2. See also title 5, chapter 7, article A of this Code. |