JUST THE FACTS...
ILLINOIS ALCOHOL MINIMUM-AGE
& IDENTIFICATION LAWS

IT IS AGAINST ILLINOIS LAW TO SELL OR DISTRIBUTE ALCOHOLIC BEVERAGES TO INDIVIDUALS UNDER 21 YEARS OF AGE. LIQUOR LICENSES MAY BE REVOKED AND CRIMINAL SANCTIONS IMPOSED ON LICENSEES AND INDIVIDUALS VIOLATING PROVISIONS OF THE LAW. SEVERAL OF THESE PROVISIONS ARE SUMMARIZED BELOW:

SALES AND DELIVERY:

1) It is unlawful to sell, serve, deliver or give alcoholic beverages to a person under 21 years of age or to any intoxicated person. Violation of this provision is a Class A Misdemeanor.
  • PENALTY: Minimum $500 fine (maximum $1,000); jail sentence of up to one year.

2) Illinois law prohibits any person, after purchasing or obtaining alcoholic beverages, from selling, giving or delivering those alcoholic beverages to an individual under the age of 21. Violation of this provision is a Class A Misdemeanor.

  • PENALTY: Minimum $500 fine (maximum $1,000); jail sentence of up to one year.

PURCHASE/POSSESSION/
CONSUMPTION:


1) Illinois law prohibits the consumption of alcoholic liquor by any person under 21 years of age.

  • PENALTY: Class C Misdemeanor.

2) A person under the age of 21 is prohibited from possessing alcoholic beverages on the street, highway, or any public place or in a place open to the public. Violation of this provision is a Class B Misdemeanor.

  • PENALTY: The underage person may be fined up to $500 and sentenced up to six months in jail (additional enhanced penalties exist for illegal transportation of open liquor for persons under 21 years of age). Note: This provision does not prohibit a minor from delivering alcoholic beverages in the course of his or her employment or by order of his or her parent.

3) Illinois law prohibits persons under the age of 21 from purchasing, possessing, consuming and accepting a gift of alcoholic beverages, except under the direct supervision and approval of the parents or parent in the privacy of a home or during a religious ceremony. A person under the age of 21 violating this provision is guilty of a Class C Misdemeanor.

  • PENALTY: The person under 21 may be fined up to $500 and receive a jail sentence of up to 30 days.

PRIVATE RESIDENCE USE:

1) It is unlawful for any parent or guardian to permit his or her residence to be used by any person under the age of 21 who is in possession of or is consuming any alcoholic beverage as prohibited by Illinois law.

  • PENALTY: Class A Misdemeanor.

FALSE IDENTIFICATION:

1) To prevent sales and/or service of alcoholic beverages to individuals under the age of 21, the licensee, agent or employee has the right to refuse to sell or serve alcoholic beverages to anyone who is unable to produce adequate written proof of identity and age.

Adequate proof of age and identity of an individual in Illinois is a document issued by a federal, state, county or municipal government including, but not limited to, a driver's license, selective service card or an Armed Services identification card. (Illinois driver's licenses and identification cards issued to persons under 21 years of age contain the following identifying markings: the owner's photo is on a red background in the shape of the state; "Under 21" is printed down the right side of the card; and "Under 21" is printed on the reverse side of the card.)

Proof that written identification was demanded, shown and reasonably relied upon may be used as a defense in criminal and/or license revocation proceedings unless the identification shown was known by the licensee to be fraudulent when shown.

An employee may not be disciplined or dismissed if he or she demanded, was shown and reasonably relied upon written identification and proof of age unless it was known by the employee to be fraudulent when shown.

Illinois law prohibits any person under the age of 21 to possess, present or offer any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procure or attempting to procure, the serving of any alcoholic beverage.

  • PENALTY: Underage person's sentence includes at least a fine of $250 or 25 hours of community service, preferably performed for an alcohol abuse prevention program.

2) Additional penalties exist for fraudulently obtaining an Illinois ID card or an Illinois driver's license, and for knowingly allowing another to use identification documents for an Illinois driver's license or ID card.

REMEMBER:
When in doubt about a customer's age,
carefully checking identification is
the most direct way to prevent illegal underage
sales of alcoholic beverages.

THIS FACT SHEET IS DISTRIBUTED TO YOU AS A COURTESY OF THE
ILLINOIS LIQUOR CONTROL COMMISSION
AND MAY BE REPRODUCED FOR YOUR EMPLOYEES.

 


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