HomeMy WebLinkAboutORDINANCE - 1271 - 1/23/1979 - LIQUOR/RAISE AGE TO 21 TO PURCHASEORDINANCE NO. 1271
AN ORDINANCE AMENDING SECTION 24.046
AND SECTION 18.1205E, THEREBY RAISING
THE AGE FOR ELIGIBILITY TO PURCHASE,
OBTAIN, POSSESS OR BE IN THE CONTROL
OF ANY ALCOHOLIC LIQUOR, INCLUDING
BEER AND WINE, TO TWENTY-ONE (21)
WHEREAS, the Village of Elk Grove Village is a home rule
municipality, as defined by the Constitution of the State of
Illinois; and
WHEREAS, the Village of Elk Grove Village, in the exercise of
its home rule authority is empowered to enact regulations pertaining
to its local government affairs and in the best interests of the
health, safety and welfare of the residents of the Village, even
when said regulations are contrary to those established by the
General Assembly of the State of Illinois, unless specifically
preempted from so doing; and
WHEREAS, the President and Board of Trustees of the Village
of Elk Grove Village has determined that the sale of beer and wine
to individuals under the age of twenty-one (21) years has resulted
in, or is likely to result in, increased incidents of alcoholic
related violations of the Municipal Code of Elk Grove Village and
of State statutes related thereto;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
Du Page, Illinois, as follows:
Section 1: That Section 24.046, Purchase or Possession of
Alcoholic Liquor by a Minor, as amended, of the Municipal Code of
Elk Grove Village„ be and the same be further amended, as follows:
24.046. Purchase or Possession of Alcoholic Liquor
by a Minor.
1. It shall be unlawful for any person under the age
of twenty-one (21) years to purchase or obtain
any alcoholic liquor, beer or wine from any
licensed liquor establishment or other place in
the Village where alcoholic liquor is sold.
2. It shall be unlawful for any person under the age
of twenty-one (21) years to misrepresent his age
for the purpose of purchasing or obtaining
alcoholic liquor, beer or wine in any licensed
liquor establishment or other place in the Village
where alcoholic liquor, beer or wine is sold.
3. It shall be unlawful for any person under the
age of twenty-one (21) years to possess or be
in the possession or in the control of any
alcoholic liquor, beer or wine anywhere in the
Village, including but not limited to parks,
school grounds and other public property, motor
vehicles and on any privately owned property,
except for one's own private residence with the
approval of one's parent or legal guardian,
and further excepting such persons making a
delivery of alcoholic liquor in pursuance of
one's employment.
4. Any person violating any provision of this
Section shall be subject to a fine of not less
than Twenty -Five ($25.00) Dollars, nor more
than Two Hundred Fifty ($250.00) Dollars for
each offense. Any subsequent conviction of a
violation of this Section within one (1) year
from the date of the first conviction shall
render such person subject to a fine of not
less than Fifty ($50.00) Dollars, nor more than
Five Hundred ($500.00) Dollars for each offense.
Section 2: That Paragraph D, Minors, of Section 18.1205,
Restrictions, of Article 12, Dealers in Alcoholic Liquors of the
Municipal Code of the Village of Elk Grove Village, be and the
same is hereby amended to read as follows:
D. Minors.
1. Definition - A minor is any person under the age
of twenty-one (21) years.
2. It shall be unlawful to sell, give, or deliver
alcoholic liquor, beer or wine to any minor.
3. It shall be unlawful for any minor to attend
any bar, to draw, pour or mix any alcoholic
liquor, beer or wine, in any licensed retail
premise.
4. In every licensed establishment in the Village
where alcoholic 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
($250.00) Dollars, or up to Five Hundred ($500.00) Dollars
for any subsequent conviction under Section 24.046
of the Municipal Code of the Village of Elk Grove
Village if you purchase alcoholic liquor, beer or
wine or misrepresent your age for the purpose of
purchasing or obtaining alcoholic liquor, beer or
wine. A minor is anyone under the age of twenty-one
(21) years.
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5. It shall be unlawful for any holder of a retail liquor
dealer's license or his agent or employee to suffer or
permit any minor to remain in any room or coa:partmnt
adjoining or adjacent to or situated in the room or place
where such licensed premises are located; provided that
this paragraph shall not apply to any minor who is
accotpanied by his or her parent or guardian, or to any
licensed premises which derives its principal business
from the sale of services or other comTudities than
Alcoholic Liquor.
6. 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 Section.
Section 3: Any person, firm or corporation violating any provisions
of this Ordinance shall be subject to such fine and penalty as is contained
herein or is otherwise provided by the Municipal Code of the Village of Elk
Grove Village.
Section 4: That this Ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
VOTE: AYES: 4
NAYS: 2
ABSENT: 1
Charles J. Zettek
Village President
ATTEST:
Fay Bishop
Deputy Village Clerk
PASSED this 23rd day of January_, 1979.
APPROVED this 23rd day of January , 1979.
PUBLISHED in the Elk Grove Herald this 31st day of January , 1979.
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