Speaking from the bar

While most everyone knows it is illegal in Illinois for people under 21 to drink, many are unaware of the plethora of state and municipal laws that govern the sale and consumption of alcohol, much less the penalties that exist for violation of these laws.

The following discussion might not be favorite bedtime reading; nevertheless, knowledge of relevant alcohol laws is essential in order to make informed choices about what to do if and when you are in a situation where alcohol is available, or if you are having a party and plan on serving alcohol.

Pursuant to the Illinois Liquor Control Act, it is a Class “C” misdemeanor for any person under 21 years of age to purchase, accept as a gift, possess or consume alcohol—except in the performance of religious service or ceremony, or where the consumption by the person under 21 is under the direct supervision and approval of the parent or such person in the privacy of a home. A Class “C” misdemeanor is punishable by up to 30 days in jail and/or a fine up to $500.

The same statute prohibits any person who has purchased or otherwise obtained alcoholic liquor to sell, give or deliver such alcoholic liquor to another person under the age of 21 years. Violation of this law is a Class “A” misdemeanor and subjects the offender to up to a year in jail and/or a fine of $1,000. While all laws relating to alcohol are strictly enforced in DeKalb County, selling or providing alcohol to minors is punished most severely. Expect the state to request jail upon conviction.

Under the law, any person under 21 who presents or offers to any (liquor) license, his agent or employee, any written, printed or photostatic evidence of age and false identity, fraudulent or not actually his own in order to purchase or obtain an alcoholic beverage or who has such a false or fraudulent written ID in his possession is guilty of a Class “B” misdemeanor. The said person is subject to a maximum sentence of six months in jail and/or a $500 fine. Any person who sells, gives or furnishes a false ID to a person under 21 is guilty of a Class “A” misdemeanor.

Finally, the Liquor Control Act makes it a Class “B” misdemeanor for any person under 21 to have alcoholic liquor in their possession on any street or highway, any public place or any place open to the public. This provision does not apply to possession by a person under 21 involving delivery of an alcoholic beverage in pursuance of the order of their parent or in pursuance of employment.

The city of DeKalb Municipal Ordinances prohibit any person, regardless of age, to carry an open container of alcoholic beverage on any street, alley or publicly maintained way, unless pursuant to a special event (Cornfest, for example), sponsored in whole or in part by the city of Dekalb. “Open” as defined by the ordinance means unsealed to the air. This would include a bottle with its cap off or a can with its lid open, etc. The penalty for violation of the DeKalb ordinance relating to intoxicating liquors is a fine of not less than $60 and not more than $500, per occurence.

Under the DeKalb ordinance, it also is unlawful for anyone to sell or offer for purchase any alcohol without having a retail liquor dealer’s license. The penalties for so doing are a fine up to $500 per occurence. This law has been applied and stiff fines levied for “keg” parties and other functions where an admission fee is charged and alcoholic liquor provided to persons admitted. Even more serious consequences have resulted where alcohol was provided to minors at such functions.

The DeKalb ordinance does create a specific class of liquor license, the class “G” license, which permits license holders to sell alcohol pursuant to “catered functions or special events for not-for-profit applicants and purposes.” Obtaining such a license requires forethought and a substantial amount of money for the application fee and dram-shop insurance required. Even so, many student groups have pursued this course of action successfully in the past.

Finally, the DeKalb ordinances prohibit any person under 21 from entering onto or remaining on premises licensed to sell alcohol unless that person is accompanied by his or her parent or legal guardian. Exceptions exist for enumerated premises, including bowling alleys and restaurants or restaurant/bars where the bar is separated from the restaurant. Generally speaking, it is unlawful for anyone under 21 to enter a bar or liquor store in DeKalb. In other places serving alcohol, one should check for signs regarding restrictions on admissions and/or check with the management of the premises.

Don Henderson

Lynn Richards

Students’ Legal Assistance