HomeMy WebLinkAboutORDINANCE - 2463 - 12/12/1995 - MINORS, SALE OF ALCOHOLIC LIQUOR TOORDINANCE NO. 2463
AN ORDINANCE AMENDING SECTION 3-3-9 OF THE VILLAGE CODE OF
THE VILLAGE OF ELK GROVE VILLAGE PERTAINING TO THE SALE OF
ALCOHOLIC LIQUOR TO MINORS
BE IT ORDAINED, by the President and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois
as follows:
Section 1: That Section 3-3-9 MINORS: of the Village Code be
and the same is hereby amended to read as follows:
3-3-9: MINORS:
Sale to Minors:
A. It shall be unlawful. for any licensee, agent or employee
to 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 in the performance of a religions
ceremony or service.
B. Any licensee, or his agent or employee, may refuse to
sell or serve alcoholic beverages to any person who is un-
able to produce adequate written evidence of identity and
of the fact that he or she is over the age of 21 years.
Adequate written evidence of age and identity of the person
is a document issued by a federal, state, county, or muni-
cipal government, or subdivision or agency thereof, includ-
ing, but not limited to, a motor vehicle operator's license,
a registration certificate issued under the Federal Selec-
tive Service Act, or an identification card issued to a mem-
ber 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, for-
bidden by this Section is an affirmative defense in any cri-
minal prosecution therefore or to any proceedings for the
suspension or revocation of any license based thereon. It
shall not, however, be an affirmative defense if the agent
or employee accepted the written evidence knowing it to be
false or fraudulent.
C. It shall be unlawful for any holder of a retail liquor
dealer's license or his agent or employee to suffer or per-
mit any minor to remain in any room or compartment adjoin-
ing or adjacent to or situated in the room or place where
such licensed premises are located; provided, that this para-
graph shall not apply to any minor who is accompanied by his
or her parent or guardian, or to any licensed premises which
derives its principal business from the sale of services or
commodities other than alcoholic liquor.
D. It shall be unlawful for any person under the age of
twenty one (21) years to serve, pour, mix or sell alcoholic
liquor in any licensed establishment, and it shall be unlaw-
ful for the holder of a liquor license, his agent or employee,
to suffer or permit any such person to serve, pour, mix or
sell alcoholic liquor of any kind.
E. In every licensed establishment in the Village where al-
coholic liquor, beer or wine is sold, there shall be displayed
in a prominent place a printed card which shall. be supplied
by the Village Clerk which shall substantially read as follows:
"WARNING TO MINORS"
You are subject to a fine of up to two hundred fifty
dollars ($250.00), or up to five hundred dollars ($500.00)
for any subsequent conviction under subsection 3-3-9A
of the Municipal Code of the Village of Elk Grove Village
if you purchase alcoholic liquor, beer or wine or misrep-
resent your age for the purpose of purchasing or obtain-
ing alcoholic liquor, beer or wine. A minor is anyone
under the age of twenty one (21) years.
F. In addition to all other fines and penalties, the Liquor
Control Commissioner may revoke or suspend the retail liquor
dealer's license for any violation of this subsection.
Section 2•
That any person, firm or corporation who violates
the provisions of this Ordinance shall be subject to a fine of not
-2-
less than Twenty Five Dollars ($25.00) nor more than Five Hundred
Dollars ($500.00) for each offense as well as such other fines and
penalties as may be authorized by the Liquor Control Commission in-
cluding the revocation or suspension of the applicable liquor li-
cense.
Section 3: That the Village Clerk is authorized to publish
this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication accord-
ing to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 12th day of December , 1995.
APPROVED this 12th day of
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 18th day of
form.
APPROVED:
Dennis J. Gallitano
VILLAGE PRESIDENT
December
-3-
1995.
1995 in pamphlet