HomeMy WebLinkAboutORDINANCES-1985-037-O-85y
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AN ORDINANCE
Amending Certain Sections of the Liquor Control
Regulations, Title 3, Chapter 5
• of the Evanston City Code, 1979, as Amended,
Pertaining to Responsibility of Parents for the
Consumption of Alcoholic Liquor by Minors
WHEREAS, the Illinois Liquor Control Act and the City
of Evanston's Liquor Control Regulations make it unlawful for
liquor licensees to sell, give or deliver alcoholic liquor to
minors; and
WHEREAS, the Illinois Liquor Control Act and the City
of Evanston's Liquor Control Regulations also make it unlawful
for any other person to sell, give or deliver alcoholic liquor
to a minor except in the performance of a religious ceremony or
when the minor is delivering alcoholic liquor pursuant to an
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order of his parents or in the course of his employment; and
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WHEREAS, the City Council of the City of Evanston is
• aware that consumption of alcoholic liquors by minors has
increased significantly in recent years and contributed to a
dramatic rise in the.rate of teenage alcoholism, traffic
accidents, vandalism, disorderly conduct and other anti -social
acts; and
WHEREAS, the City Council of the City of Evanston
believes that parents and other adults should bear
responsibility for supervising their children and ensuring that
minors comply with -City Code restrictions upon the possession
and consumption of alcoholic liquor, and that imposition of
such responsibility will aid in discouraging alcohol abuse,
thereby presumably decreasing the incidence of traffic
accidents and antisocial behavior such as juvenile offenses,
including vandalism, theft and disorderly conduct; and
• WHEREAS, the City Council is of the opinion that the
consumption and abuse of alcoholic liquor by minors within the
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City of Evanston constitutes a threat to the public health,
safety, morals and welfare of the community and is a matter of
great local concern;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
• 'THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That a new Section 3-5-12 of the City
Code of the City of Evanston be and is
hereby amended to read as follows:
3-5-12: RESPONSIBILITY OF PARENTS AND OTHERS FOR ALCOHOL
CONSUMPTION BY MINORS:
(A) Offenses:
1. It shall be unlawful for any parent or guardian
to suffer or permit any minor child under the age of
eighteen (18) years of which he is the parent or
guardian to violate any of the provisions of this
Chapter.
2. It shall be unlawful for any parent, guardian or
adult occupant to knowingly permit a gathering at
premises owned, controlled or occupied by him/her of
two or more persons under the age of eighteen (18)
years where alcoholic liquor is possessed or consumed
by said minors. Parents, guardians, or adult
occupants are presumed to have acted knowingly if, in
the exercise of ordinary care, they should have known
of a substantial probability that said minors will
possess or consume alcoholic liquor or if they absent
themselves from the premises without assuring that a
competent person over the age of twenty-one (21) is"
present to provide adult, supervision.
3. It shall be unlawful for any parent, guardian or
adult occupant to intentionally, knowingly,
recklessly or negligently give or deliver alcoholic
liquor to or invite or permit the consumption of
alcoholic liquor by any minor child under the age of
eighteen (18) years on or about any premises owned,
leased or controlled by such parent, guardian or
adult occupant.
4. Parents and guardians who know, or in the
exercise of ordinary care should know, of a
substantial probability that their minor child under
the age of eighteen (18) years has consumed or will
consume alcoholic liquor in violation of this
Chapter, the Illinois Liquor Control Act, or any
other ordinances, statutes or amendments thereto,
shall restrain or prevent said minor child from
operating or driving a motor vehicle on the public
streets and ways of the City of Evanston in violation
of any ordinance, law or statute.
• 5. Parents and guardians who know, or in the
exercise of ordinary care should know, of a
substantial probability that their minor child under
the age of eighteen (18) years has consumed or will
consume alcoholic liquor in violation of this
Chapter, the Illinois Liquor Control Act, or any
other ordinance, statutes or amendments thereto,
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shall restrain or prevent said minor child from
committing acts which constitute vandalism, theft,
disorderly conduct, or the unjustifiable use of force
in violation of any ordinance, law or statute.
(B) Exceptions: The prohibitions set forth in Section
3-5-12(A) shall not apply in the following
circumstances:
Where such minor is in the performance of a religious
service or ceremony under the direction, supervision
and approval of the parent.or guardian of such minor
in the privacy of a home;
(C) Definitions: The terms used in this Section 3-5-12
on Parental Responsibility shall have the meanings
ascribed below:
INTENTIONALLY: .Characterizing conduct engaged in by
a person with the conscious objective
of accomplishing that result or
engaging in that conduct.
KNOWINGLY: Characterizing conduct engaged in
by a person when he is consciously
aware of the nature or attendant
circumstances of his conduct which
constitutes an offense under this
Section.
LEGAL GUARDIAN Any foster parent, person appointed
OR GUARDIAN: guardian or given custody of a minor
by a circuit court of this or any
is other State, or person appointed
I guardian or given custody of a minor
under the Illinois Juvenile Court Act,
but shall not include any person
appointed guardian only of the estate
of a minor.
MINOR: A person under the age of eighteen
(18) years.
NEGLIGENTLY: Characterizing conduct engaged in by a
person where, such person fails to be
aware of a substantial and
unjustifiable risk that circumstances
exist or that a result will follow
which constitutes an offense under
this Section and where such failure
constitutes a substantial deviation
from the standard of care which a
reasonable person would exercise in
the situation.
OCCUPANT: Includes occupant, owner, lessee,
permittee, bailee, or legal possessor
or occupier of any premises as herein
defined.
PARENT: The father and/or mother of a minor
child, whether by birth or adoption.
PREMISES: Any motor vehicle, conveyance, house,
clubhouse, apartment, room, dwelling
unit, shed, garage, yard or area.
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RECKLESSLY: Characterizing conduct engaged in
by a person in conscious disregard of
a substantial and unjustifiable risk
that circumstances exist or that a
result will follow which constitutes
an offense under this Section and
where such disregard constitutes a
gross deviation from the standard of
care which a reasonable person would
exercise in the situation.
(D) Penalty: Any person convicted of violating any of
the provisions of this Ordinance shall be fined not
less than twenty-five dollars ($25-00) nor more than
one thousand dollars ($1,000.00) for each.such
offense.
SECTION 2: That all sections following the new
Section 3-5-12, including the old Section
3-5-12, shall be renumbered accordingly as 3-5-13, 3-5-14.
SECTION 3: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law.
Introduced: -3 1985. t
Adopted: �L_A/6 1985.
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(1,11AIC-1A roved: I� 1985
Mayor
ATTEST: /
City Clerk
App oved as t :orm:
NJ
Corporation Counsel
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