Posts Tagged ‘law’
servingalcohol.com is an approved online Illinois BASSET certification alcohol seller/server training school. The course is completely online, self-paced, available on-demand 24 hours a day, and works on any computer.
Once you complete the course, you will be BASSET certified and you can print your temporary BASSET certificate. Your official BASSET certification card will be mailed to you directly from the Illinois Liquor Control Commission.
The Beverage Alcohol Sellers and Servers Education and Training (BASSET) program is the State of Illinois’ seller/server training program. Under the licensing and regulatory auspices of the Illinois Liquor Control Commission (ILCC), the BASSET Program is designed to encourage sellers/servers of alcoholic beverages to serve responsibly and stay within the law.
- 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
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 not mandatory in the State of Illinois, but the ILCC does encourage voluntary participation to promote responsible alcohol service and prevent alcohol-related fatalities.
|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:
|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.|
|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.|
|HAPPY HOUR LAWS – 235 ILCS 5/6-28(b)|
|It is prohibited to:|
|Serve 2 or more drinks at one time to one person.|
|Sell, offer or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price to any person.|
|Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged to other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor.|
|Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day.|
|Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizesfor such game or contest on the licensed premises.|
|Advertise or promote in any way, whether on or off the licensed premises of the above provisions.|
|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|
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.
If you are not sure of an ID’s authenticity you have the right to refuse service. It would be helpful to have an ID checking guide on the premises of all 50 states.
New, digital driver=s license and ID cards were issued in February of 1998.
- An Illinois drivers license number is located at the top left hand corner with the first initial of the persons last name in front of it followed by 11 digits in red.
- The Illinois logo is blue print. The photos have a blue background and a dark blue box that says either Adrivers licenseds or AID Cardin white. On the top left is written Jesse White- Secretary of State.
- The drivers license expires on the driver(s) birthday.
- On the left side of the driver(s) license and ID, Illinois is printed in blue.
Source: Record Searchlight
By: Scott Mobley
Date: September 29, 2010
Gov. Arnold Schwarzenegger has signed legislation championed by a Redding family whose daughter died from alcohol poisoning.
Assembly Bill 1999 would grant limited immunity from prosecution to underage drinkers seeking medical help for themselves or their peers.
Anthony Portantino (D-La Cañada/Flintridge) introduced the bill in February, noting several underage drinkers have recently died of alcohol poisoning. They might have survived had their friends not been afraid to call an ambulance, he said.
Debbie Allen, whose 17-year-old daughter Shelby Lyn Allen died of alcohol poisoning just before Christmas 2008, has supported and publicized the bill.
“Not everyone will need this,” Allen said. “But some underage drinkers are afraid to get help because they don’t want to get into trouble, and this takes the trouble out of the picture. Whatever it takes to save a life.”
An underage drinker who calls 911 to report possible alcohol poisoning and cooperates with paramedics and law enforcement once they arrive will be immune from prosecution, under the law. Underage drinking is otherwise a misdemeanor.
AB 1999 is a companion to another bill Schwarzenegger signed in August that eliminates immunity for adults who knowingly supply alcohol to minors.
Allen and her husband, Steve, had also sought the “social host” law, written by Los Angeles Democrat Mike Feuer.
Shelby Allen, a popular Foothill High School junior, was found dead on a bathroom floor at the home of Wallace and Debby Liberman east of Redding.
Shelby Allen died after a bout of intense drinking with the Libermans’ now 18-year-old daughter and another teen. The rest of the Liberman family slept upstairs while the teens drank, sheriff’s deputies said.
Shasta County prosecutors had charged the Liberman teen with involuntary manslaughter in Allen’s death, but a juvenile court judge dismissed the case in November.
The Record Searchlight has not identified the teen because she was a minor when her friend died.
Shelby Allen became ill after drinking 15 shots of vodka in about an hour, according to a court document.
Allen’s two friends took her into the bathroom where she vomited into the toilet. Allen eventually passed out on her knees with her head resting on the toilet seat.
The girls put a towel under her so she could lie on it, the document said.
The Liberman teen stayed with Allen until she believed her friend was fine and checked on her two times before morning. Allen had not moved, according to the court document.
The third girl, who had also become ill, checked Allen later in the morning and thought she wasn’t breathing, according to the court document.
An older sister of the Liberman teen alerted her father, who called 911 and began CPR.
A: No state laws addressing this; some municipalities (towns, villages, cities) may have local ordinances. Municipalities may enact ordinances not in conflict with state law; since state law is silent, some municipalities may have enacted ordinances – please have client check with municipal clerk/police in which they are licensed
New Mexico is the newest state to allow firearms into its restaurants that serve alcohol. 40 other states allow those who bear firearms to legally bring their weapons into establishments that serve alcohol. Establishment owners who disagree with the new law are able to place a sign in their window that prohibits gun carriers to bring their firearm inside. Though it is legal to bring a firearm into an establishment that serves wine and beer, it is still illegal to bring a concealed weapon into an establishment with a full liquor license.
To learn more about alcohol laws impact your establishment take the Responsible Alcohol Manager’s course.
To learn more about how establishments may be impacted visit servingalcohol.com.