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2009-0770 ORDINANCE NO. 2009- 7 7 An Ordinance Amending Chapter 5.20, Liquor Controls, and Chapter 9.28, Disorderly Conduct, of the Village of Buffalo Grove Municipal Code. WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Lake County Underage Drinking Task Force was formed to combine the efforts of the Lake County Chiefs of Police and the Lake County After School Coalition in the prevention of underage consumption of alcohol; and WHEREAS, the Lake County Underage Drinking Task Force has provided a model social host ordinance which is intended to hold anyone — not just parents — accountable for hosting an event or gathering during which underage drinking or illicit drug use is occurring and also to include locations other than just residences where underage consumption of alcohol occurs; and WHEREAS, the model social host ordinance has been submitted for review and comment to the Lake County State's Attorney's Civil Division which has provided input which was incorporated into the draft ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 5.20.010 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.20.010 Definitions Except as otherwise defined herein, all words and phrases used in this Chapter shall have the meaning ascribed to them in the Illinois Liquor Control Act: A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced_ B. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. C. "Bar service" means a permanent or temporary fixture that may be utilized by seated or standing patrons for the consumption of alcoholic liquor as well as for the preparation and service of such beverages for consumption by patrons on the premises. • 1 11 • D. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malts and hops in water, including, among other things, beer, ale, stout, lager beer, porter and the like. E. "Conveyance" means any vehicle, trailer, watercraft or container operated for the transportation of persons or property. F. "Event or gathering" means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. G. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. H. "Illicit drugs" means any drug, substance or compound prohibited by law, including but not by way of limitation, drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed. I. "Keg" means any original package container capable of holding more than three gallons of beer. J. "Liquor Control Act" means the provisions of An Act relating to Alcoholic Liquors, as amended and as set forth in Illinois Compiled Statutes. K. "Parent" means any person having legal custody of a juvenile: (i) As a natural, adoptive parent, or step - parent; (ii) As a legal guardian; or (iii) As a person to whom legal custody has been given by order of court. L. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots. M. "Reasonable steps" means controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering ;verifying the age of persons attending the event or gathering by inspecting drivers licenses or other government- issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 are in possession of alcohol at the event or gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owner's residence. N. "Religious ceremony" means the possession, consumption and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony. O. "Residence or premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis whether occupied as a dwelling or specifically for a party or other social function and whether owned, leased, rented, or used with or without permission or compensation. P. "Sale of a keg" means any sale of beer in a keg, even though the keg is to be returned by the purchaser to the seller. 2 • 1 ; • Q. "Service area" means any permanent or temporary fixture not intended for seated or standing patrons but designed for the preparation of alcoholic liquor for consumption on the premises. R. "Underage person" means any individual under twenty -one (21) years of age. S. "Wine" means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol. Section 3. Section 5.20.192 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.20.192 Social Lost responsibility A. It shall be unlawful for any person to permit, allow, host or fail to take reasonable steps to prevent an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance where illicit drugs or alcoholic beverages have been consumed by an underage person, if such person either knows or reasonable should know that an underage person has consumed any illicit drugs or alcoholic beverages. B. A person who permits, allows or hosts an event or gathering shall be deemed to have known or should have known that an underage person has consumed illicit drugs or alcoholic beverages if the person has not taken all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by underage persons. C. A person who permits, allows or hosts an event or gathering shall be rebuttably presumed to have known or should have known that underage persons have consumed illicit drugs or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage person consumes illicit drugs or an alcoholic beverage. D. This section shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underage person and his parent or legal guardian as permitted by Illinois State Law. E. It is the duty of any person who permits, allows or hosts an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance, where underage persons will be present to take all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by any underage person at the event or gathering. F. A person who hosts any event or gathering does not have to be present at the event or gathering to be liable under this section. Section 4. Section 9.28.025 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 3 0 9.28.025 Public nuisance assemblages. It is unlawful for the owner or person in control of any real or personal property within the Village to knowingly cause, permit or condone, or negligently permit or condone thereon any assemblage of persons that endangers the peace, safety and tranquility of the residents of the Village. Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 6. This ordinance shall be effective upon its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Braiman, Glover, Trilling, Stone, Sussman NAPES: 0 - None ABSENT: 1 - Berman PASSED: December 7 APPROVED: December 7 PUBLISHED: December 8 ATTEST: Village Clerk APPROVED: 4 Village President W121 F NOW y STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected K: and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, December 7th , 2009 the Corporate g Authorities of the Village passed and approved Ordinance No. 2009 -77, AN ORDINANCE AMENDING CHAPTER 5.20, LIQUOR CONTROLS, AND CHAPTER 9.28, DISORDERLY p" CONDUCT, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2009 -77, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on December 7th, 2009 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk.:.'- Dated at Buffalo Grove, Illinois, this 7th day of December, 2009. V lage Clerk r By ORDINANCE NO. 2009 -? 7 An Ordinance Amending Chapter 5.20, Liquor Controls, and Chapter 918, Disorderly Conduct, of the Village of Buffalo Grove Municipal Code. WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Lake County Underage Drinking Task Force was formed to combine the efforts of the Lake County Chiefs of Police and the Lake County After School Coalition in the prevention of underage consumption of alcohol; and WHEREAS, the Lake County Underage Drinking Task Force has provided a model social host ordinance which is intended to hold anyone — not just parents — accountable for hosting an event or gathering during which underage drinking or illicit drug use is occurring and also to include locations other than . just residences where underage consumption of alcohol occurs; and WHEREAS, the model social host ordinance has been submitted for review and comment to the Lake County State's Attorney's Civil Division which has provided input which was incorporated into the draft ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and _- COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 5.20.010 of the Buffalo Grove Municipal -Code is hereby amended to read as follows: 5.20.010 Definitions Except as otherwise defined herein, all words and phrases used in this Chapter shall have the meaning ascribed to them in the Illinois Liquor Control Act: A. "Alcohol". means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced_ B. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. C. "Bar service" means a permanent or temporary fixture that may be utilized by seated or standing patrons for the consumption of alcoholic liquor as well as for the preparation and service of such beverages for consumption by patrons on the premises. D. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malts and hops in water, including, among other things, beer, ale, stout, lager beer, porter and the like. E. "Conveyance" means any vehicle, trailer, watercraft or container operated for the transportation of persons or property. F. "Event or gathering" means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. G. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. H. "Illicit drugs" means any drug, substance or compound prohibited by law, including but not by way of limitation, drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed. I. "Keg" means any original package container capable of holding more than three gallons of beer. J. "Liquor Control Act" means the provisions of An Act relating to Alcoholic Liquors, as amended and as set forth in Illinois Compiled Statutes. IC "Parent" means any person having legal custody of a juvenile: (i) As a natural, adoptive parent, or step- parent; (ii) As a legal guardian; or (iii) As a person to whom legal custody has been given by order of court. L. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots. M. "Reasonable steps" means controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering ;verifying the age of persons attending the event or gathering by inspecting drivers licenses or other government - issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 are in possession of alcohol at the event or gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owner's residence. N. "Religious ceremony" means the possession, consumption and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony. O. "Residence or premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis whether occupied as a dwelling or specifically for a party or other social function and whether owned, leased, rented, or used with or without permission or compensation. P. "Sale of a keg" means any sale of beer in a keg, even though the keg is to be returned by the purchaser to the seller. 2 Q. "Service area" means any permanent or temporary fixture not intended for seated or standing patrons but designed for the preparation of alcoholic liquor for consumption on the premises. R. "Underage person" means any individual under twenty -one (21) years of age. S. "Wine" means any alcoholic beverage obtained by the fermentation of the natural contents of fiuits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol. Section 3. Section 5.20.192 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.20.192 Social host responsibility A. It shall be unlawful for any person to permit, allow, host or fail to take reasonable steps to prevent an event or gathering at his or herplace of residence or other private property, public place, any other premises under his or her control, or in any conveyance where illicit drugs or alcoholic beverages have been consumed by an underage person, if such person either knows or reasonable should know that an underage person has consumed any illicit drugs or alcoholic beverages. B. A person who permits, allows or hosts an . event or gathering shall be deemed to have known or should have known that an underage person has consumed illicit drugs or alcoholic beverages if the, person has not taken all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by underage persons. < C. A person who permits, allows or hosts an event or gathering shall be rebuttably presumed to have known or should have known that underage persons have consumed illicit drugs or alcoholic beverages if such person is present at the premises of the event or gathering at the time any underage person consumes illicit drugs or an alcoholic beverage. D. This section shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underage person and his parent or legal guardian as permitted by Illinois State Law. E. It is the duty of any person who permits, allows or hosts an event or gathering at his or her place of residence or other private property, public place, any other premises under his or her control, or in any conveyance, where underage persons will be present to take all reasonable steps to prevent the consumption of illicit drugs or alcoholic beverages by any underage person at the event or gathering. F. A person who hosts any event or gathering does not have to be present at the event or gathering to be liable under this section. Section 4. Section 9.28.025 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 9 9.28025 Public nuisance assemblages. It is unlawful for the owner or person in control of any real or personal property within the Village to knowingly cause, permit or condone, or negligently permit or condone thereon any assemblage of persons that endangers the peace, safety and tranquility of the residents of the Village. Sect. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 6. This ordinance shall be effective upon its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 - None - ABSENT: 1 _ . Berman PASSED: December 7 , 2009., APPROVED: December 7 2009. PUBLISHED: December 8 , 2009. APPROVED: Village President ATTEST: 'rn . a►4 i lage Clerk 4