Underage Drinking
Illinois
The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.
Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):
- parent/guardian
Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):
- private residence
- AND parent/guardian
Internal possession is not explicitly prohibited.
Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.
Furnishing is prohibited with NO EXCEPTIONS.
- Beer: 18 for both servers and bartenders
- Wine: 18 for both servers and bartenders
- Spirits: 18 for both servers and bartenders
- Beer: 18
- Wine: 18
- Spirits: 18
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
Provision(s) targeting suppliers:
- It is a criminal offense to lend, transfer, or sell a false ID
- It is a criminal offense to manufacture or distribute a false ID
Provision(s) targeting retailers:
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.
Registration is not required.
Illinois has two Social Host laws:
- Social host law is not specifically limited to underage drinking parties.
- Action by underage guest that triggers violation: Consumption
- Property type(s) covered by liability law:
- Residence
- Outdoor
- Other
- Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence
- Exception(s):
- Family
- Social host law is not specifically limited to underage drinking parties.
- Action by underage guest that triggers violation: Possession Consumption
- Property type(s) covered by liability law:
- Residence
- Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence
- Preventive action by the host negates the violation (see note).
- Exception(s):
- Family
- Resident
- Social host law is not specifically limited to underage drinking parties.
- Action by underage guest that triggers violation: Consumption
- Property type(s) covered by liability law:
- Other
- Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence
Notes:
Beginning January 1, 2013, under 235 Ill. Comp. Stat. 5/6-16(a-1), a person commits a social host offense if one is a parent or guardian and permits one's residence, or any other property under one’s control, to be used by an underage invitee of one's child or ward in a manner that violates the statute. An offense is deemed to have occurred if a parent or guardian knowingly authorizes or permits the prohibited use to occur.
Beginning January 1, 2013, an individual will not be in violation of 235 Ill. Comp. Stat. 5/6-16(c) if he or she requests assistance from a law enforcement agency to help end the possession or consumption of alcohol by persons under the age of 21 in a residence that he or she occupies. This assistance must be requested before any other person makes a formal complaint to a law enforcement agency about the activity.
Under 235 Ill. Comp. Stat. 5/6-16(d), a person commits a social host offense by renting a hotel or motel room for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by underage persons.
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