Posts Tagged ‘laws’
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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.
| 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:
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| 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.
Addison, Illinois BASSET Certification
Algonquin, Illinois BASSET Certification
Alsip, Illinois BASSET Certification
Alton, Illinois BASSET Certification
Antioch, Illinois BASSET Certification
Arlington Heights, Illinois BASSET Certification
Aurora, Illinois BASSET Certification
Barrington, Illinois BASSET Certification
Bartlett, Illinois BASSET Certification
Bartonville, Illinois BASSET Certification
Batavia, Illinois BASSET Certification
Beach Park, Illinois BASSET Certification
Belleville, Illinois BASSET Certification
Bellwood, Illinois BASSET Certification
Belvidere, Illinois BASSET Certification
Bensenville, Illinois BASSET Certification
Benton, Illinois BASSET Certification
Berwyn, Illinois BASSET Certification
Bethalto, Illinois BASSET Certification
Bloomingdale, Illinois BASSET Certification
Bloomington, Illinois BASSET Certification
Blue Island, Illinois BASSET Certification
Bolingbrook, Illinois BASSET Certification
Boulder Hill, Illinois BASSET Certification
Bourbonnais, Illinois BASSET Certification
Bradley, Illinois BASSET Certification
Bridgeview, Illinois BASSET Certification
Broadview, Illinois BASSET Certification
Brookfield, Illinois BASSET Certification
Buffalo Grove, Illinois BASSET Certification
Burbank, Illinois BASSET Certification
Burr Ridge, Illinois BASSET Certification
Cahokia, Illinois BASSET Certification
Calumet City, Illinois BASSET Certification
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Canton, Illinois BASSET Certification
Carbondale, Illinois BASSET Certification
Carol Stream, Illinois BASSET Certification
Carpentersville, Illinois BASSET Certification
Cary, Illinois BASSET Certification
Centralia, Illinois BASSET Certification
Champaign, Illinois BASSET Certification
Channahon, Illinois BASSET Certification
Charleston, Illinois BASSET Certification
Chatham, Illinois BASSET Certification
Chicago, Illinois BASSET Certification
Chicago Heights, Illinois BASSET Certification
Chicago Ridge, Illinois BASSET Certification
Cicero, Illinois BASSET Certification
Clarendon Hills, Illinois BASSET Certification
Clinton, Illinois BASSET Certification
Collinsville, Illinois BASSET Certification
Columbia, Illinois BASSET Certification
Country Club Hills, Illinois BASSET Certification
Crest Hill, Illinois BASSET Certification
Crestwood, Illinois BASSET Certification
Crete, Illinois BASSET Certification
Crystal Lake, Illinois BASSET Certification
Danville, Illinois BASSET Certification
Darien, Illinois BASSET Certification
DeKalb, Illinois BASSET Certification
Decatur, Illinois BASSET Certification
Deerfield, Illinois BASSET Certification
Des Plaines, Illinois BASSET Certification
Dixon, Illinois BASSET Certification
Dolton, Illinois BASSET Certification
Downers Grove, Illinois BASSET Certification
Du Quoin, Illinois BASSET Certification
East Alton, Illinois BASSET Certification
East Moline, Illinois BASSET Certification
East Peoria, Illinois BASSET Certification
East St. Louis, Illinois BASSET Certification
Edwardsville, Illinois BASSET Certification
Effingham, Illinois BASSET Certification
Elgin, Illinois BASSET Certification
Elk Grove Village, Illinois BASSET Certification
Elmhurst, Illinois BASSET Certification
Elmwood Park, Illinois BASSET Certification
Evanston, Illinois BASSET Certification
Evergreen Park, Illinois BASSET Certification
Fairview Heights, Illinois BASSET Certification
Flossmoor, Illinois BASSET Certification
Forest Park, Illinois BASSET Certification
Fox Lake, Illinois BASSET Certification
Frankfort, Illinois BASSET Certification
Frankfort Square, Illinois BASSET Certification
Franklin Park, Illinois BASSET Certification
Freeport, Illinois BASSET Certification
Gages Lake, Illinois BASSET Certification
Galesburg, Illinois BASSET Certification
Geneseo, Illinois BASSET Certification
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Glen Carbon, Illinois BASSET Certification
Glen Ellyn, Illinois BASSET Certification
Glencoe, Illinois BASSET Certification
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Godfrey, Illinois BASSET Certification
Goodings Grove, Illinois BASSET Certification
Granite City, Illinois BASSET Certification
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Hillside, Illinois BASSET Certification
Hinsdale, Illinois BASSET Certification
Hoffman Estates, Illinois BASSET Certification
Homewood, Illinois BASSET Certification
Inverness, Illinois BASSET Certification
Island Lake, Illinois BASSET Certification
Itasca, Illinois BASSET Certification
Jacksonville, Illinois BASSET Certification
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Joliet, Illinois BASSET Certification
Justice, Illinois BASSET Certification
Kankakee, Illinois BASSET Certification
Kewanee, Illinois BASSET Certification
La Grange, Illinois BASSET Certification
La Grange Park, Illinois BASSET Certification
La Salle, Illinois BASSET Certification
Lake Bluff, Illinois BASSET Certification
Lake Forest, Illinois BASSET Certification
Lake Zurich, Illinois BASSET Certification
Lake in the Hills, Illinois BASSET Certification
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Lincoln, Illinois BASSET Certification
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Lisle, Illinois BASSET Certification
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Long Grove, Illinois BASSET Certification
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Lyons, Illinois BASSET Certification
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Macomb, Illinois BASSET Certification
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Marengo, Illinois BASSET Certification
Marion, Illinois BASSET Certification
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Matteson, Illinois BASSET Certification
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Maywood, Illinois BASSET Certification
McHenry, Illinois BASSET Certification
Melrose Park, Illinois BASSET Certification
Mendota, Illinois BASSET Certification
Metropolis, Illinois BASSET Certification
Midlothian, Illinois BASSET Certification
Mokena, Illinois BASSET Certification
Moline, Illinois BASSET Certification
Monmouth, Illinois BASSET Certification
Morris, Illinois BASSET Certification
Morton, Illinois BASSET Certification
Morton Grove, Illinois BASSET Certification
Mount Carmel, Illinois BASSET Certification
Mount Prospect, Illinois BASSET Certification
Mount Vernon, Illinois BASSET Certification
Mundelein, Illinois BASSET Certification
Murphysboro, Illinois BASSET Certification
Naperville, Illinois BASSET Certification
New Lenox, Illinois BASSET Certification
Niles, Illinois BASSET Certification
Normal, Illinois BASSET Certification
Norridge, Illinois BASSET Certification
North Aurora, Illinois BASSET Certification
North Chicago, Illinois BASSET Certification
North Riverside, Illinois BASSET Certification
Northbrook, Illinois BASSET Certification
Northlake, Illinois BASSET Certification
O’Fallon, Illinois BASSET Certification
Oak Brook, Illinois BASSET Certification
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Olney, Illinois BASSET Certification
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Oswego, Illinois BASSET Certification
Ottawa, Illinois BASSET Certification
Palatine, Illinois BASSET Certification
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Paris, Illinois BASSET Certification
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Peru, Illinois BASSET Certification
Plainfield, Illinois BASSET Certification
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Princeton, Illinois BASSET Certification
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Quincy, Illinois BASSET Certification
Rantoul, Illinois BASSET Certification
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River Forest, Illinois BASSET Certification
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Riverdale, Illinois BASSET Certification
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Robbins, Illinois BASSET Certification
Robinson, Illinois BASSET Certification
Rochelle, Illinois BASSET Certification
Rock Falls, Illinois BASSET Certification
Rock Island, Illinois BASSET Certification
Rockford, Illinois BASSET Certification
Rolling Meadows, Illinois BASSET Certification
Romeoville, Illinois BASSET Certification
Roscoe, Illinois BASSET Certification
Roselle, Illinois BASSET Certification
Round Lake Beach, Illinois BASSET Certification
Round Lake Park, Illinois BASSET Certification
Salem, Illinois BASSET Certification
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‘Super drunk’ drivers face tougher punishment with new Michigan law
Madison fines 3 University of Wisconsin students $86,000 for party
MADISON (AP) – The city of Madison is fining three University of Wisconsin-Madison students more than $86,000 for a house party.
Twenty-one-year-old Travis Ludy, 20-year-old Mitchell Klatt and 20-year-old Kevin Tracy face 130 citations for things like dispensing alcohol without a permit, procuring alcohol for an underage person and adult encouraging underage alcohol consumption. The students also could face university discipline.
Madison police say the men could have faced a smaller fine if they hadn’t locked doors and turned off the music and lights when officers arrived Sept. 11.
MN police can search for ID of thugs carrying handguns
When a person is detained based on reasonable suspicion of possessing a handgun in public in violation of Minn. Stat. § 624.714, subd. 1a (2008), police may conduct a limited search for identification following a lawful demand for identification where the person detained has refused to provide his name or identity information.
Read more here: http://www.mncourts.gov/opinions/coa/current/opa091865-1005.pdf
Learn the state laws of Minnesota by taking our Minnesota Alcohol Server Training course.
Why Is Congress So Afraid of Mail Order Wine?
Source: Fox News
By: Angela Logomasini
Date: September 29, 2010
The quest by wine and beer wholesalers to maintain their “middleman” role within the liquor industry is simply bad news. A bill making its way through the House (H.R. 5034) sponsored by Bill Delahunt (D-Mass.) supports wholesalers’ promises to limit consumer choice and disadvantage retailers, wineries, breweries, distilleries, and importers.
The topic is the subject of hearings before the U.S. House Judiciary Committee today. Not surprisingly, wholesalers hope this legislation will protect the “three-tier system” for distribution of alcohol, which nearly all states impose. The system requires that alcohol producers (wineries, distillers, brewers, and importers) sell only to wholesalers, who in turn market the products to retailers. It thereby bans any mutually beneficial sales between retailers (wine shops, restaurants, etc) and wineries or other producers that could enhance product selection and save money for consumers.
H.R. 5034 strikes back against market liberalization that the Supreme Court fostered with its ruling in Granholm v. Heald. In that case, the Court ruled that laws in Michigan and New York violated the Constitution’s Commerce Clause. The laws essentially banned shipments from out-of-state wineries to New York and Michigan residents, but allowed the wineries in those states to ship wine. The court held that any such regulations must apply equally to in-state and out-of-state businesses.
Since then, many states have begun allowing direct-to-consumer wine shipping. Richard Mendelson, wine lawyer and author of “From Demon to Darling: A Legal History of Wine in America,” notes: “Within two and half years of ‘Granholm,’ eleven states had leveled up, and none had leveled down completely. Those states had to open their borders to all direct shipping or close them entirely.” This increased freedom has been a boon to consumers who otherwise would have fewer options. It also helps wineries who have trouble marketing specialty products in a world of increasing competition and consolidation among wholesalers.
But the logic of “Granholm” should also apply to retailers, who are now fighting in federal courts for the right to skip the wholesaler tier. The nation’s largest wine retailer-Costco-has gained a partial victory in Washington state and is helping advance a ballot initiative there that would basically break Washington state’s three-tier mandates.
Wholesalers fear the spread of such deregulation. “Direct-to-consumer shipments will never drive a wholesaler out of business, but the deregulation it is fostering will,” noted Craig Wolf of the Wine and Spirit Wholesalers of America in a 2007 issue of The American. Accordingly, wholesalers have been spending millions in PAC donations to members of Congress, pushing them to pass H.R. 5034. The bill would exercise Congress’s constitutional power to regulate commerce by explicitly allowing states to impose regulations would otherwise violate the Commerce Clause.
As introduced, the bill would have allowed states to pass pretty much any regulation they desired, but a scaled-down substitute version that Rep. Delahunt is expected to offer today remains problematic. Tom Wark of the Specialty Wine Retailers Association points out that this draft opens the door to a host of directly discriminatory state regulations focused on retailers, which could ultimately limit consumers’ online buying options.
But consumers who buy direct from wineries or breweries should remain concerned. In addition to curbing freedoms for retailers, the new draft could also bolster state laws that indirectly discriminate against producers. In other words, it might allow discriminatory tax policies or other regulations that would make direct shipping less viable.
Not only is this legislation bad for consumer freedom, it isn’t necessary to “save” the wholesaler business. Wholesalers will not disappear without a mandated three-tier system. In fact, wholesalers do well in places like California and Washington, D.C. where there are no such mandates. Wholesalers exist because they provide a valuable service in getting products to market-but they should have to compete for their place like everyone else.
A key reason the founders drafted the Constitution was to prevent trade impediments between states and maximize individual freedom. Using Congress’s authority under the Commerce Clause to impede commerce simply to serve one-special interest is pure folly.
Angela Logomasini, Ph.D. in American Politics, is a Senior Fellow at the Competitive Enterprise Institute.