Illinois Laws

Illinois BASSET Training – Illinois Laws

Illinois Basset Certification

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

ILLINOIS LIQUOR CONTROL COMMISSION

 

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 now mandatory in the State of Illinois; the ILCC encourage participation to promote responsible alcohol service and prevent alcohol-related fatalities.

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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:

1.      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

1.      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.

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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.

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HAPPY HOUR LAWS – 235 ILCS 5/6-28.5 (b) Frequently Asked Questions
 (b) A retail licensee may:
      (1) offer free food or entertainment at any time;
      (2) include drinks of alcoholic liquor as part of a meal package;
      (3) sell or offer for sale a party package only if the retail licensee:

(A) offers food in the dedicated event space;

(B) limits the party package to no more than 3 hours;

(C) distributes wristbands, lanyards, shirts, or any other such wearable items to identify               party package attendees so the attendees may be granted access to the dedicated event               space; and

(D) excludes individuals not participating in the party package from the dedicated event               space;

     (4) include drinks of alcoholic liquor as part of a hotel package;
     (5) negotiate drinks of alcoholic liquor as part of a hotel package;
     (6) provide room service to persons renting rooms at a hotel;
     (7) sell pitchers (or the equivalent, including, but not limited to, buckets of bottled beer),            carafes, or bottles of alcoholic liquor which are customarily sold in such manner, or sell                bottles of spirits;
     (8) advertise events permitted under this Section;
     (9) include drinks of alcoholic liquor as part of an entertainment package where the licensee        is separately licensed by a municipal ordinance that

(A) restricts dates of operation to dates during which there is an event at an adjacent                   stadium,

(B) restricts hours of serving alcoholic liquor to 2 hours before the event and one hour after           the event,

(C) restricts alcoholic liquor sales to beer and wine,

(D) requires tickets for admission to the establishment, and

(E) prohibits sale of admission tickets on the day of an event and permits the sale of                     admission tickets for single events only; and

     (10) discount any drink of alcoholic liquor during a specified time period only if:

(A) the price of the drink of alcoholic liquor is not changed during the time that it is                     discounted;

(B) the period of time during which any drink of alcoholic liquor is discounted does not                 exceed 4 hours per day and 15 hours per week; however, this period of time is not                       required to be consecutive and may be divided by the licensee in any manner;

(C) the drink of alcoholic liquor is not discounted between the hours of 10:00 p.m. and                the licensed premises’ closing hour; and

(D) notice of the discount of the drink of alcoholic liquor during a specified time is posted            on the licensed premises or on the licensee’s publicly available website at least 7 days                  prior to the specified time.

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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

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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.

 

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