Posts Tagged ‘laws’

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BASSET- Beverage Alcohol Sellers and Servers Education and Training “Training Servers to Serve Responsibly”

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.

ILLINOIS LAWS AND PENALTIES CONCERNING MINORS:
  • 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

 

Laws Regarding Alcohol Sales and Service, DUI and Victims= Rights

 

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:

    1. The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage and
  1. The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition.
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.
DRIVING UNDER THE INFLUENCE (DUI) LAWS-

 

In 1997, .08 became the legal limit of blood-alcohol content (BAC).

 

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
ILLINOIS DRIVERS LICENSE AND ID CARDS

 

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.

 

Illinois Drivers License

 

New, digital driver=s license and ID cards were issued in February of 1998.

 

Features include:

 

  • 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.

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Elgin, Illinois BASSET Certification

Elk Grove Village, Illinois BASSET Certification

Elmhurst, Illinois BASSET Certification

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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

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Jacksonville, Illinois BASSET Certification

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Mundelein, Illinois BASSET Certification

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Naperville, Illinois BASSET Certification

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Vandalia, Illinois BASSET Certification

Vernon Hills, Illinois BASSET Certification

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Warrenville, Illinois BASSET Certification

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‘Super drunk’ drivers face tougher punishment with new Michigan law

Source: mlive.com
Published: Sunday, October 17, 2010, 6:59 AM

Starting on Oct. 31, there will be two kinds of drunken drivers in Michigan: standard and “super.”

Standard are those with blood alcohol content of 0.08 to 0.16 percent. The super drunk, a new category under state law, are first-time offenders who test at 0.17 or above.

The designation confers no special powers, just super-high penalties and super-stiff fees.

Fines and other costs could top $8,000, some defense attorneys predict. Alcohol treatment is mandatory, possible jail time is doubled, and driving is forbidden for 45 days.

The penalties include another first for Michigan: a requirement to install an in-car breathalyzer.

To resume driving after 45 days, first-time super-drunk offenders must buy an ignition interlock, which works by testing a driver’s breath and allows the car to run only if the driver is sober.

The change is part of an effort to toughen drunken driving penalties, by the National Highway Traffic Safety Administration and groups like Mothers Against Drunk Driving. Michigan joined more than 40 states when the Legislature passed the standards with virtually no opposition at the end of 2008.

The technical term is “high blood alcohol content enhanced penalty law.” ”We don’t really like calling it the super drunk law,” said Anne Readett, spokeswoman for the Michigan Office of Highway Safety Planning.

Critics of the law, including defense lawyers, question its effectiveness.
Advocates call the measure positive but not enough – “a disappointing step in the right direction,” said Michigan MADD’s executive director, Homer Smith.
For example, state lawmakers set the blood-alcohol standard at 0.17 percent, bucking a trend toward tougher 0.15 thresholds preferred by MADD. And at least a dozen states require interlock devices for all convicted drunken drivers.
“The Legislature had an opportunity to do something that would significantly deter drunk driving,” Smith said. “Unfortunately, they chose to do less than the optimum.”

Michigan still considers 0.08 percent to be legally drunk, and the new law does not affect repeat offenders or people who face a felony for causing death, injury or damage.

About one-third of Michigan drivers whom police suspect of driving drunk test at the enhanced penalty levels.

Interlocks have gained in effectiveness and acceptance since 2007, when federal traffic safety officials began a campaign urging judges to require the devices.

A device costs the driver about $100 a month to maintain. Other costs to violators come from state driver responsibility fees and attorney fees.
First-time offenders who meet the super-drunk standard are looking at $8,000 to $10,000, according to defense attorney Gerald Lykins.

He is unconvinced the law will be effective.
“I’m not sure that penalizing someone who blows a 0.17 rather than 0.14 will prevent people from drunk driving,” he said. “The driver responsibility fee was supposed to reduce bad driving, but that hasn’t worked.”
MADD counters that enhanced penalties are working in other states. New Mexico, for instance, has had a 20 percent reduction in alcohol-related crashes since its law was passed in 2005.

Kalamazoo County Assistant Prosecutor Aubrey Sharp said the new penalties treat offenses in proportion to one another.
“You have a person with a 0.09 blood alcohol level who is punished the same as someone with a 0.32,” Sharp said.

Others take a wait-and-see approach. Kent County Prosecutor William Forsyth said penalties already are harsh.

“It’s still drunk driving and I don’t see how it’s really going to change,” he said.
Grand Rapids Assistant City Attorney Mike Tomich calls the law “a useful tool for public safety.” But he said he is not certain the provisions will change behavior overall.

Grand Rapids District Court Judge Jeanine LaVille, who oversees sobriety court, said the added mandatory penalties take more discretion from judges, who have crafted sentences based on individual needs and offenses.

“We’re already doing what the Legislature suggests,” LaVille said.

Attorney Lykins said if the state wants to prevent drunken driving, lawmakers could consider taking the law to its logical conclusion.

“We could demand that car manufactures have interlock devices as standard equipment,” Lykins said, “just like seatbelts.”

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.

Interview with the hosts.

Learn more about alcohol laws at servingalcohol.com

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.

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.

Learn more about state alcohol laws here.

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