G-1029 - 07/22/2014 - VILLAGE CODE - Ordinances ORDINANCE 2014-VCODE-AL-G-1029
AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTION 17
OF THE VILLAGE CODE REGARDING SOCIAL HOSTING
WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, pursuant to Section 1-2-1 of the Illinois Municipal Code, 65 ILCS 5/1-2-1, the Village
is generally authorized to assess fines and penalties as may be deemed proper, provided that the fine or
penalty does not exceed $750.00 unless otherwise authorized by law; and
WHEREAS, pursuant to Section 11-1-8 of the Illinois Municipal Code, 65 ILCS 5/11-1-8, the
Village is authorized conduct programs for the prevention, reduction, and control of juvenile delinquency;
and
WHEREAS, pursuant to Section 11-5-3 of the Illinois Municipal Code, 65 ILCS 5/11-5-3, the
Village is authorized to adopt regulations to prevent intoxication; and
WHEREAS, pursuant to Section 11-60-2 of the Illinois Municipal Code, 65 ILCS 5/11-60-2, the
Village is authorized to define, prevent, and abate nuisances; and
WHEREAS, the Village desires to adopt regulations prohibiting parents and those with custody of
minors from hosting or allowing events at which minors consume alcohol or illicit drugs ("Social
Hosting") to: (i) reduce juvenile delinquency; (ii) prevent intoxication; and (iii) to declare Social Hosting
a public nuisance; and
WHEREAS, the President and the Board of Trustees have determined that it will serve
and be in the best interests of the Village to amend the Village Code of the Village of Oak Brook,
Illinois ("Village Code") pursuant to this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 6-1-17. Section 17, entitled "Offenses Involving Minors,"
of Chapter 1, entitled "Miscellaneous Offenses," of Title 6, entitled "Police Regulations," shall be amended
as follows:
6-1-17: OFFENSES INVOLVING MINORS:
"C. Social Hosting:
1. Definitions: For the purposes of this subsection 6-1-15C, the terms herein
are defined as follows;
ALCOHOL: ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits including dilutions
and mixtures thereof from whatever source or by whatever process
produced.
Additions are bold and double-underlined; deletions are struck through.
Ordinance 2014-VCODE-AL-G-1029
Amending Title 6,Chapter 1,Section 17 of the Village Code
Page 2 of 4
ALCOHOLIC BEVERAGE: alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alcohol, spirits, wine, beer, and which contains
one-half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with
other substances.
CONVEYANCE: any vehicle, trailer, watercraft or container operated for the
transportation of persons or property.
EVENT or GATHERING: any group of two or more persons who have
assembled or gathered together for a social occasion or other activity.
HOST: to aid, conduct, allow, entertain, organize, supervise, control, or
permit a gathering or event.
ILLICIT DRUG: any drug, substance or compound prohibited by law, as
defined in the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq.,
or the Illinois Cannabis Control Act, 720 ILCS 550/1, et seq., including
drugs prescribed by a physician which are in the possession of or used by
someone other than the person to whom the drug was prescribed.
PARENT: any person having legal custody of a juvenile: (i) as a natural,
adoptive parent, or stepparent; (ii) as a legal guardian; or(iii) as a person to
whom legal custody has been given by order of the court.
PUBLIC PLACE: any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings,transport facilities, parks, businesses or parking lots.
RELIGIOUS CEREMONY: the possession, consumption and dispensation
of alcohol or an alcoholic beverage for the purpose of conducting any bona
fide rite or religious ceremony.
RESIDENCE or PREMISES: any home, yard, farm, field, land, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or
meeting room, park, or any other place of assembly, public or private,
whether occupied on a temporary or permanent basis,whether occupied as
a dwelling or specifically for a party or other social function, and whether
owned, leased, rented, or used with or without permission or
compensation.
UNDERAGE INDIVIDUAL: any individual under twenty-one years of age.
2. It is hereby declared to be a public nuisance and unlawful for any person to
permit, allow, or host an event or gathering at his or her place of residence
or other private property, public place, any other premises under his or her
control, or in any conveyance where illicit drugs, alcohol or alcoholic
beverages are consumed by an underage individual, if such person either
knows or reasonably should know that an underage individual is
consuming any illicit drugs, alcohol or alcoholic beverages. For purposes
of this subsection 6-1-15C-2:
Additions are bold and double-underlined; deletions are struck through.
Ordinance 2014-VCODE-AL-G-1029
Amending Title 6,Chapter 1,Section 17 of the Village Code
Page 3 of 4
a. A person who permits, allows or hosts an event or gathering shall
be deemed to have known or should have known that an underage
individual is consuming illicit drugs, alcohol or alcoholic beverages
if the person is not taking all reasonable steps to prevent the
consumption of illicit drugs, alcohol or alcoholic beverages by
underage individuals in the person's residence or on the premises;
b. A person who permits, allows, or hosts an event or gathering shall
be rebuttably presumed to have known or reasonably should have
known that underage individuals have consumed illicit drugs,
alcohol or alcoholic beverages if such person is present at the
premises of the event or gathering at the time any underage
individual consumes illicit drugs, alcohol or alcoholic beverages.
c. A person who hosts an event or gathering does not have to be
present at the event or gathering to be liable under this chapter
3. A person is not in violation of this Section 6-1-15C if:
a. The conduct involving the use of alcoholic beverages by an
underage individual occurs at a religious ceremony or exclusively
between an underage individual and his or her parent or legal
guardian, as permitted by Illinois state law; or
b. The person seeks assistance from the police department or other
law enforcement agency to remove any underage individual who
refuses to abide by the person's performance of the duties imposed
by this subchapter, or terminate the event or gathering because the
person has been unable to prevent underage individuals from
consuming illicit drugs, alcohol or alcoholic beverages despite
having taken all reasonable steps to do so, as long as such request
is made before any other person makes a complaint about the event
or gathering.
4. Any person who violates subsection 6-1-15C-2 shall be fined not more than
$750.00 for each violation; no less than $250.00, nor more than $750.00, for
a second violation; and $750.00 for a third violation."
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of
competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and
shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of
this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Additions are bold and double-underlined; deletions are struck through.
Ordinance 2014-VCODE-AL-G-1029
Amending Title 6,Chapter 1,Section 17 of the Village Code
Page 4 of 4
APPROVED THIS 22nd day of July, 2014.
(___9_______
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of July, 2014.
Ayes: Trustees Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: Trustee Adler
ATTEST:
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Additions are bold and double-underlined; deletions are struck through.