Illinois Liquor Laws and Penalties that Apply to Minors

ILLINOIS LAWS AND PENALTIES CONCERNING MINORS:

· Alcohol Sales and Service

· DUI Laws and Penalties

· How to Properly Check ID's

· Dram Shop Laws

· Victims Rights

** Citations from the Illinois Liquor Control Act of 1934, Illinois Vehicle Code and Illinois Constitution

LAWS REGARDING ALCOHOL SALES AND SERVICE, DUI AND VICTIMS RIGHTS

The Illinois Liquor Control Commission (ILCC) is the regulating agency for the Beverage Alcohol Sellers and Servers Education and Training (BASSET) program. A major part of the BASSET program is to make sellers/servers of alcoholic beverages aware of the laws in the State of Illinois pertaining to sales and service of alcoholic beverages, DUI and Dram Shop laws, victims=rights, and how to properly check ID's. BASSET training is not mandatory in the State of Illinois, but the ILCC does encourage voluntary participation to promote responsible alcohol service and prevent alcohol-related fatalities.

MINORS

235 ILCS 5/6-16 (a)(i) No one may sell or serve alcohol to any person under the age of 21.

235 ILCS 5/6-16 (a)(iii) No one may purchase or provide alcohol to anyone under the age of

21.235 ILCS 5/6-16 (a) (iii) (a) Violation of the above provisions is a Class A misdemeanor and the sentence shall include, but shall not be limited to a fine of not less than $500.

235 ILCS 5/6-16 (a) (i) (a) Possession of alcohol in either an opened or closed container by anyone under the age of 21 on any street, highway or public place, can result in a Class B misdemeanor.

235 ILCS 5/6-16 (iii) (a-1) (c) Any person can be found guilty of a Class A misdemeanor -- or Class 4 felony if resulting in death -- if he or she allows or knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the guests is under 21 years of age, the following factors apply:

The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage and The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition.

235 ILCS 5/6-16 (iii)(a-1)(d) Any person who rents a hotel or motel room while alcoholic beverages are being consumed by anyone under 21 years of age can be found guilty of a Class A misdemeanor and sentenced up to one year in jail and a $2500 fine. The penalty also applies to the hotel or motel.

235 ILCS 5/6-20 Any consumption, possession, purchase or acceptance of any alcoholic beverage as a gift by any person under the age of 21 is forbidden, except during a religious ceremony or under parental supervision in the privacy of a home. Anyone who violates this section shall be guilty of a Class A misdemeanor.

OTHER IMPORTANT LAWS

235 ILCS 5/6-16(a)(i) No one may sell, give or serve alcoholic beverages to any intoxicated person.

625 ILCS 5/11-502(c) It is prohibited for any driver or passenger to transport, carry, possess or have any alcohol in a motor vehicle except in its original sealed container.

235 ILCS 5/6-24 Every licensee shall cause his or her license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.

235 ILCS 5/6-24a(b) Every retail license holder must hang a sign that reads:A Government Warning: According to the Surgeon General, Women Should not Drink Alcoholic Beverages During Pregnancy Because of the Risk of Birth Defects.

HAPPY HOUR LAWS - 235 ILCS 5/6-28(b) **CHANGES AS OF JULY 15, 2015**

DRIVING UNDER THE INFLUENCE (DUI) LAWS

In 1997, .08 became the legal limit of blood-alcohol content (BAC).

DUI penalties for those 21 and over:

1st Conviction A minimum loss of driving privileges for one-year. Imprisonment for a possible one-year term. Up to $2500 in fines.

2nd Conviction A minimum 5 year loss of driving privileges. Possible imprisonment for one year, but 48 hours mandatory jail time, or 100 hours of community service if in 5 year-period. A $2500 fine.

3rd Conviction Class 2 felony with a minimum 10 years loss of driving privileges. Possible imprisonment for 3-7 years. If given probation, possible 30 days of community service. A possible fine up to $25,000.

DUI PENALTIES FOR UNDER AGE OF 21

1st Conviction Loss of driving privilges for a minimum of 2 years. A possible one-year prison term. A fine up to $2,500.

2nd Conviction Revocation of driver's license for a minimum of 5 years or until the age of 21. Possible imprisonment for one year. Mandatory 2 days jail time or 100 hours community service if in a 5-year period. A fine up to $2,500

3rd Conviction Class 2 felony with loss of driving privileges for 10 years. A possible 3-7 years prison term. If givenprobation, possible 30 days of commmunity service. A fine up yo $25,000

ILLINOIS DRIVERS LICENSE AND ID CARDS

Preventing underage sales of alcohol begins with properly checking identification. Illinois drivers licenses and identification cards (ID'S) have been redesigned to prevent tampering. The new licenses and ID's are color coded, consisting of security film and is laminated in plastic to deter any forgery or alteration. Tampering is easier to spot and the new licenses and ID's are more durable.If you are not sure of an ID's authenticity you have the right to refuse service. It would be helpful to have an ID checking guide on the premises of all 50 states.

lli

nois Drivers License New, digital driver=s license and ID cards were issued in February of 1998.

Features include:

· An Illinois drivers license number is located at the top left hand corner with the first initial of the persons last name in front of it followed by 11 digits in red.

· The Illinois logo is blue print.

· The photos have a blue background and a dark blue box that says either A drivers licenseds or AID Cardin white.

· On the top left is written Jesse White- Secretary of State.

· The drivers license expires on the driver(s) birthday.

· On the left side of the driver(s) license and ID, Illinois is printed in blue.