Speaking From the Bar

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

The following discussion may 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.

. Purchasing, Acceptance and Consumption of Alcohol. Pursuant to the Illinois Liquor Control Act, it is a Class C misdeameanor 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 parents or parents or such person in the privacy of a home. A Class C misdeanor is punishable by up to 30 days in jail and/or a fine up to $500.

2. Sale or Delivery of Alcohol to Another Person under 21. 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 severelly. Expect the state to request jail upon conviction.

3. Use of a False ID to Obtain Alcohol. 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 identity which is false, 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 which subjects said person to up to 6 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.

4. Possesion of Alcohol on a Public Way. Illinois state law makes it a Class B misdemeanor for any person under 21 to have alcoholic liquor in his or her possession on any street or highway or in 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 his or her parent or in pursuance of his or her 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 (for example, Cornfest) sponsored in whole or in part by the City of DeKalb. “Open” as defined by the ordinance means unsealed to the air, e.g., 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 for not less than $60 nor more than $500 per occurence.

5. Selling Alcohol Without License. Under the DeKalb ordinances, it is unlawful for anyone to sell or offer for sale any alcohol without having a retail liquor dealer’s license. The penalities for so doing are a fine up to $500 per occurrence. 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 dramshop insurance required. Even so, many student groups have pursued this course of action successfully in the past.

6. Restrictions on Persons Under 21 Entering Onto Premises Licensed for Sales of Alcohol. 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, except in enumerated premises, including bowling alleys and restaurants or restaurants/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 the City of 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