City of Momence - 2015 Ordinances and Resolutions - page 97

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impairment to the person as “impairment” is defined in thisChapter. It need not be shown that, but
for the consumptionof alcohol, the offensewould not have been committed.
b. The parent shall remain vicariously liable as set forth inParagraphE of this Section.
D.
Penalty
. Any person holding a liquor license issued by the Commissioner who is found guilty by the
Commissioner of violating Paragraph (A) or (B) shall be fined in the mandatory amount of not less than one
thousand dollars ($1000.00). Any person found guilty by a court of law shall be fined in the mandatory amount of
seven hundred fifty dollars ($750.00). Prosecution before the Commissioner in an administrative proceeding shall
not bar prosecution in a court of law for the same acts.
E
.
Vicarious LiabilityOf AParent Or Other Person Facilitating TheUseOr AbuseOf Alcoholic Liquor
: The
following persons shall be liable to any individual who has been injured by an alcohol impaired underage person
when the impairment is a contributing cause of the injury:
1. Any person who delivered or permitted the delivery of an alcoholic liquor to the underage person. The
personmaking or permitting the initial delivery to an underage person remains liable to anyone injured by
the same or different underage person regardless of howmany times the alcoholic liquor changed hands.
2. Any person in control of a premises, who knowingly or negligently fails tomaintain supervision to such
an extent that an alcoholic liquor is consumed on the premises by an underage person.
3. Any person who knowingly or negligently allows the operation of a motor vehicle under his or her
control by an underage person, when the person knew or in the exercise of ordinary judgment should have
known that the underage personwas either impaired or had consumed any amount of alcohol within two (2)
hours prior to when this allowance to drive occurred. The vicarious liability established by this Chapter
shall not be subject to the limitations ondamages as set forth in235 ILCS 5/6-21.
F.
Use of False Identification
. Any underage person found guilty by a court of law of attempting to obtain
delivery of an alcoholic liquor by use of false proof of age shall be subject to a mandatory fine of Five Hundred
Dollars ($500.00) for the first offense and seven hundred fifty dollars ($750.00) for each subsequent offense. If the
false proof of agewas an improperly used driver’s license, the person so using it shall not be permitted, for a period
of six (6) months, to operate a motor vehicle on any public way within the corporate limits of the City unless
accompanied by a licensed driver over thirty (30) years of age, subject to the provisions of Paragraph J of this
Section.
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