Posts Tagged ‘Preventing Underage Drinking’
In an effort to stop teen alcohol use, Illinois Governor Pat Quinn recently signed a law that makes giving alcoholic beverages to anyone under 21 a misdemeanor. Under the new law, it does not matter where the alcohol is served — which means that it is a crime to serve alcohol to someone underage in public or inside of someone’s own home.
In addition, the new law – House Bill 1554 – states that if you serve alcohol to someone who is underage and they subsequently go on to hurt someone else or themselves because they were intoxicated, as the adult who served the alcohol, you can be charged with a Class 4 felony.
The new law, which is an amendment to the Liquor Control Act of 1934, also says that the adult does not have to physically hand over the alcohol to an underage drinker. If it is determined that the adult should have reasonably known underage drinking would occur on their property, and they did nothing to prevent it, they have broken the new law. Anyone who is convicted under the new law will face incarceration, as well as a fine.
Other Laws to Prevent Underage Drinking
Illinois also has a Dram Shop law, which means that a commercial entity can be held responsible for serving alcohol to someone who is underage if the drinker goes on to injure someone else. Under this law, a business can be held liable if it can be proven that it sold alcohol to the underage drinker; that alcohol contributed to the underage drinker getting intoxicated; and the underage drinker went on to injure someone else because of being drunk.
How Common Is Underage Drinking?
According to the Centers for Disease Control (CDC), every year alcohol is in some way responsible for about 4,700 deaths — and 11 percent of victims are underage drinkers.
The CDC also reports that underage drinkers are at risk of things like alcohol poisoning, suicide, memory problems and long-term difficulties with brain functioning.
Get the Legal Counsel You Need
Alcohol-related offenses are serious and should not be taken lightly. If you have been charged with a crime that involves alcohol, consult a knowledgeable criminal defense attorney who has experience with these types of cases. A qualified lawyer can let you know what your rights are and help you mount a defense against the charges.
Public Act 097-1049
LRB097 06478 ASK 46561 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-16 as follows:
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly authorizes or permits
a residence which he or she occupies to be used by an invitee
under 21 years of age and :
(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
(2) the possession or consumption of the alcohol by the
person under 21 is not otherwise permitted by this Act. ;
For the purposes of this subsection (c) where the residence
has an owner and a tenant or lessee, there is a rebuttable
presumption that the residence is occupied only by the tenant
or lessee. The sentence of any person who violates this
subsection (c) shall include, but shall not be limited to, a
fine of not less than $500. Where a violation of this
subsection (c) directly or indirectly results in great bodily
harm or death to any person, the person violating this
subsection (c) shall be guilty of a Class 4 felony. Nothing in
this subsection (c) shall be construed to prohibit the giving
of alcoholic liquor to a person under the age of 21 years in
the performance of a religious ceremony or service in
observation of a religious holiday.
A person shall not be in violation of this subsection (c)
if (A) he or she requests assistance from the police department
or other law enforcement agency to either (i) remove any person
who refuses to abide by the person’s performance of the duties
imposed by this subsection (c) or (ii) terminate the activity
because the person has been unable to prevent a person under
the age of 21 years from consuming alcohol despite having taken
all reasonable steps to do so and (B) this assistance is
requested before any other person makes a formal complaint to
the police department or other law enforcement agency about the
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall be
guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession on public
school district property on school days or at events on public
school district property when children are present is guilty of
a petty offense, unless the alcoholic liquor (i) is in the
original container with the seal unbroken and is in the
possession of a person who is not otherwise legally prohibited
from possessing the alcoholic liquor or (ii) is in the
possession of a person in or for the performance of a religious
service or ceremony authorized by the school board.
(Source: P.A. 95-563, eff. 8-31-07.)
October 14, 2012
After studying student alcohol use for more than 15 years, Auburn University professor Christopher J. Correia is encouraging administrators to take the judgmental sting out of their drinking policies.
This week Wiley publishing will release Correia’s latest book, which he hopes will become a new policy model for campuses across the country: “College Student Alcohol Abuse: A Guide to Assessment, Intervention and Prevention.”
“The research firmly points out, repeatedly, that the majority of college students either don’t drink at all or drink in a way that most people would consider to be safe and quite moderate,” says Correia. “There are plenty of students with problems, but they don’t all have the same problem. There are short-term problems, perhaps just one particular night, and then there are longer standing problems. We don’t serve students well when we try to treat every problem the same way.”
Correia co-authored “Student Alcohol Abuse” with researchers from the University of Memphis and Brown University, along with input from other prominent drug and alcohol analysts.
“It’s a public health issue,” says Correia. “We need to move away from abstinence-based, restrictive in-patient solutions, and realize there are lots of other treatment models out there — models that are more reality-based than thinking that college students are never going to drink.”
While alcohol abuse remains a problem, Correia says the situation is improving: “If you look at the numbers of students that engage in binge drinking, or at the numbers of deaths, injuries and accidents, it’s hard to be super optimistic. Those numbers have remained fairly stable. However, we are seeing a positive shift: There are more interventions out there that have empirical support. That means administrators can start to have more confidence in their options.”
This tragedy shows the importance of responsible alcohol sellers, bartenders and servers. Learn to possibly prevent tragedies like this one by educating yourself in responsible alcohol service practices
BLOOMINGTON — Radley Monson’s drinking problem was compared to a game of Russian roulette Friday that ended with a tragic accident that left a good friend dead and Monson sentenced to seven years in prison.
Prosecutor Matt Banach told a judge at Monson’s sentencing hearing on aggravated drunk driving charges that the 20-year-old defendant did not qualify for probation in the Feb. 15 death of Nick Kauffmann, also 20, from Bloomington.
Monson “exemplifies the target audience for underage drinking that needs to be shown the consequences of underage drinking and getting behind the wheel,” said Banach, asking for a 9-year prison term.
Testimony at the sentencing hearing packed with supporters of the victim and Monson included evidence that Monson continued to drink after the accident and lied to treatment providers and court services personnel about his apparent addiction to alcohol.
Monson used his chance to make a statement to turn directly to Kauffman’s family and apologize for the crash that occurred after he and three others, including Kaufmann, were served alcohol for several hours at the former Danvers Y Tap. The rural tavern voluntarily closed after the accident and misdemeanor charges are pending against the bartender.
“I wish it had been me,” not because of the legal consequences “but because of the entire pain and suffering I’ve caused your entire family,” Monson told Kauffman’s family.
Monson’s mother, Traci Monson, testified her son told her after the crash that, “I’ve killed one of my best friends and I’m so ashamed. I hope his parents can forgive me.”
Defense lawyer James Waller asked for probation and county jail time for Monson, saying he shouldn’t be sent to prison because of an addiction: “It’s just not something we do anymore,” Waller said.
In his comments before handing down a sentence, Judge Paul Lawrence recognized that Monson is “a good person who made a bad decision on this evening,” but that a prison term was necessary to deter others from making the same bad choice.
After the hearing, Banach said the seven-year term “is a just sentence that reflects how gravely serious this crime was.”
Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses
Serving Alcohol Inc (http://servingaclohol.com): Characteristics of Underage Drivers Licenses
Keep your establishment safe and keep current by taking our Responsible Alcohol Manager Training.
Although this is nothing ‘new’ it has been getting a lot of press lately. We are posting this only to raise the awareness of the alcohol sellers and servers that control environments where underage persons may use this approach to hide alcohol use.
Here is a link to one of the many articles:
You can do a search on You Tube if you are interested in finding out more.
Learn more and be safer visit us at servingalcohol.com