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HomeMy WebLinkAbout1976- 1979 Liquor Control Commission t { rMINUTES OF ELGIN LIQUOR COMMISSION MEETING July 6, 1976 The meeting was called to order at 6:00 P.M. , by Mayor Verbic. Present: Commissioner Gilliam, West and McKenzie, Mayor Verbic, Corporation Counsel Jentsch, Marie Yearman, City Clerk. Purpose of Meeting: City of Elgin v. Darl's Den, 959 Villa Street ' Offense: Liquor Violation - Open After Hours Attorney William Castile appeared on behalf of Mr . Allan Keith owner of the subject premises . Mr. Castile made a motion objecting to the presence of Mr. Larry McKenzie on the Commission due to the fact that he had represented Mr. Mckenzie's ex-wife and in his opinion this would create a conflict of interest. Counsel Jentsch explained that Mr. McKenzie was a non-voting member from the Liquor Industry. Mr. Castile still felt Mr. McKenzie could influence the Commission in any decision they might make. The Mayor called for a vote on Mr. Castile's motion. Yeas: Mayor Verbic. Nays: Commissioner Gilliam and West. Mr. McKenzie was allowed to remain at the hearing. Counsel Jentsch requested that the Court Reporter, Dave Fishman swear in all witnesses then present. Officer Yearman, Sgt. Siete, Allan Keith and Mary Shupe were all sworn in. Officer Yearman gave testimony and was cross-examined by Counsel Castile. Sgt. Siete gave testimony and was also cross-examined by Attorney Castile. Mr. Keith gave testimony and was cross-examined by Counsel Jentsch. Mary Shupe gave testimony and was cross-examined by Counsel Jentsch. There being no further evidence to be introduced all parties to the hearing were dismissed with the exception of the Commission Members and Counsel Jentsch. Mayor Verbic was in favor of a strong reprimand due to the fact that Mr. Keith had only been in business since May 1, 1976. Commissioners Gilliam and West felt the establishment should be closed at least one day. By majority vote Counsel Jentsch was directed to advise Mr. Keith of the one day closing. The meeting was adjourned at 8: 10 P.M. Marie Yearman V City Clerk r MINUTES OF ELGIN LIQUOR COMMISSION MEETING April 29, 1976 The meeting was called to order at 3:30 P.M. Present: Councilman Gilliam, Councilman West, City Manager, Leo Nelson and City Clerk, Marie Yearman. Application of Bradley L. Coeswell to act as Manager of the McLean - Pizza Hut - Approved. Application of Allan B. Keith for a Class AA Liquor License. Applicant is purchasing Starr's Inn at 959 Villa Street. - Approved. Application of Thomas A. Ryan for a Class A Liquor License. Applicant is purchasing the Royal Lounge at 152 East Chicago Street. - Approved subject to remodeling of the premises in accordance with the plans and specifications on file with the City. Application of Gerald G. Myers, Richard C. Myers and Terry D. Mullins for a Class E Liquor License. Applicants are purchasing Cutty Sark Inn at 920 Davis Road - Approved There being no further business the meeting was adjourned at 4:25 P.M. Marie Year n, City Clerk MINUTES OF THE ELGIN LIQUOR COMMISSION MEETING May 12, 1976 The meeting was called to order at 10:30 P.M. Present: Councilman Gilliam, Councilman West, Mayor Verbic, Police Chief Baird, Counsel Jentsch and City Clerk, Marie Yearman. Application of Latin American Civic Organization - denied. Upon recommendation of Chief Baird and supporting evidence from the Police Records Department the Commission voted not to renew a liquor license for this organization. Application of Eaton's Redwood Inn - approved Application of Paul's Tax - approved Application of Walnut Inn - approved Application of Aqua Lounge, Inc. - approved Application of Blue Moon Restaurant - approved Application of Frontier Lanes, Inc. - approved Application of Bill's Tap, Inc. - approved Application of Schneider's Recreation - approved Application of Liquorland Enterprises, 565 N. McLean Blvd. - approved Application of Gasthaus Zur Linde - approved Application of Liquorland Enterprises, 415 Dundee - approved r Application of Shanghai Restaurant - approved Application of Griffins Liquor Mart - approved Application of Loyal Order of Moose - approved Application of Great Drive In Liquor - approved Application of Liquorland Enterprises, Inc. , 695 Villa - approved Application of Elgin Lanes Corporation - approved There being no further business the meeting was adjourned at 11:00 P.M. klio Marie Yea an, City Clerk r CMINUTES OF THE ELGIN LIQUOR COMMISSION MEETING June 3, 1976 The meeting was called to order at 4:00 P.M. Present: Councilmen Gilliam and West, Mayor Verbic, Counsel Jentsch, Larry McKenzie, and City Clerk Marie Yearman. Mr. Carolos Gonzalez, Jesus R. Botti and Daniel Perez appeared before the Commission to petition for reconsideration of the license renewal for the Latin American Civic Organization. Mr. William Lee also appeared with the petitioners. The petitioners stated they were in the process of reorganizing the membership of the club and that only members would be permitted upon the premises. Councilmen West pointed out the shooting incidents during the past year and the complete lack of cooperation on the part of the Club officers with the Elgin Police Department. Counsel Jentsch questioned the credibility of the Corporation's Charter with Springfield. After lengthly discussion Councilman Gilliam stated he would be satisfied to vote for a license renewal if the Club would show proof of updated corporation documents filed with the Secretary of State and an updated list of all membership. Councilman West stated in view of past experiences he did not feel he could give this consideration because of the risks involving the lives of the Elgin Policemen. Mayor Verbic suggested that the organization try to secure another site for the Club because he thought the present location added to the probability of further incidents. The petitioners stated they would see their attorney to work out something that would comply with the stated requirements and come back to the commission at a later date . Application of American Legion Post 57 - Approved Application of Bob's Lounge, Inc. - Approved Application of Conner's Tavern - Approved Application of Dieterle 's Restaurant - Approved Application of Elgin Airport Inn Inc. - Approved Application of Elgin Pizza Hut #1 - Approved Application of Elgin Pizza Hut #2 - Approved Application of Elgin Trades Council - Approved Application of Elks Lodge 737 - Approved Application of Grocery Store Club - Approved Application of Grove Liquors - Approved Application of Ikes Liquor Store - Approved Application of Howard Johnson Restaurant - Approved Application of Leitner's Hamburgers - Approved Application of Osco, Inc. - Approved Page 2 Elgin Liquor Commission Meeting June 3, 1976 Application of Owl Athletic Club - Approved Application of Ramada Inn - Approved Application of Larry McKenzie's Skonsen - Approved Application of Smitt's Tap - Approved Application of Steveriono's Tavern - Approved Application of Town Liquors West - Approved Application of Western Tap - Approved Application of L & G Enterprises, Inc. (Formerly Town Liquor East) Approved The Commission welcomed Larry McKenzie to the commission as a non-voting member and questioned if he had any imput at this time. Mr. McKenzie stated he was just commencing to set up some meetings with the members of the liquor meeting and had nothing at this time to discuss. There being no further business the meeting was adjourned at 5:30 P.M. Marie Yearm n, City Clerk r r July 26 , 1977 Memorandum To: Corporation Counsel Jentsch From: Marie Yearman, City Clerk Re: Liquor Commission Hearing We presently have the following pending : Gerardo' s Pizza, 915 Dundee Avenue Ordinance Violation - serving liquor to minors Application for Liquor License - Tom Ryan for Paul ' s Tap Application for Liquor License - Edward L. Barnash for Enrico' s Application for Liquor License - Vinnie Wring - island Girl Lounge Application for Liquor License - Jack Shong for Holiday Inn Application for Liquor License - James Frazier - Wherehouse Application for Liquor License - Domingo Lopez & Carmelo Villanueva for Aqua Lounge The above applicants have cleared the Police Department and are ready for review before the Commission. Please advise as to when I may set these matters for hearing. • r . July 27, 1977 MEMORANDUM TO: Liquor Control Commission FROM: Marie Yearman, City Clerk SUBJECT: Pending Liquor Matters We presently have the following pending: Gerardo's Pizza, 915 Dundee Avenue - ordinance violation, serving liquor to minors Application for Liquor License - Tom Ryan for Paul's Tap Application for Liquor License - Edward L. Barnash for Enrico's Application for Liquor License - Vinnie Wring for Island Girl Lounge Application for Liquor License - Jack Shong for Holiday Inn Application for Liquor License - James Frazier for Warehouse Application for Liquor License - Domingo Lopez and Carmelo Villanueva for Aqua Lounge Marie Yearman City Clerk nlc cc: Corporation Counsel r r January 27, 1978 MEMORANDU'I TO: Leo I . Nelson, City Manager FROM: Erwin W. Jentsch, Corporation Counsel SUBJECT: Sale or Delivery of Alcoholic Beverages at llemmens At the Committee of the Whole meeting on January 2S , 197;;, the City Council referred the matter of the sale of alcoholic liquor at the llenunens Building for study and report. It is the purpose of this memorandum to explain applicable law and the alternatives available to the City Council , should it determine that the sale of alcoholic liquor should be permitted at the lieraaens Building. The sale and delivery of alcoholic beverages is regulated by Chapter 43 of the Illinois Revised Statutes . Section 13n of Chapter 43 regulates the sale or delivery of alcoholic liquor at facilities of the state, political subdivisions , universities , a metropolitan fair and exposition authority or metropolitan exposition and auditorium authority, and airports. The section provides that no alcoholic liquor shall be sold in any building belonging to or under the control of the state or any political subdivision. Exceptions are made in the case of airports , belong- ing to or under the control of a municipality with more than 50 ,0' 0 inhabitants , or at recreational centers of any park district, if there is no municipality within the boundary of such park district, or at any airport or faculty center belonging to or under control of any state university; licensees are required to provide Dram Shop liability in maximum insurance coverage limits so as to save Leo I . Nelson -2- January 27, 1978 harmless such facility or such municipality or such airport or such faculty center or such park district from all financial loss , damage or harm. A further exception from the general prohibition is provided for the sale of alcoholic liquors at retail in build- ings of golf courses owned by municipalities or park districts , in connection with the operation of an established food service facility during times when food is dispensed for consumption upon the premises. An additional exception is provided for the sale of beer in buildings belonging to or under the control of any city, village or incorporated town where more than 75 percent of the physical property of subject building is used for consumption or recreational purposes , and such building is located upon a pier extending into or over the waters of a navigable lake, Beer may also be sold in buildings in parks under the control of the State Department of Conservation where written consent is given by the State Department of Conservation. Other exceptions permit the sale of beer at the Illinois Veterans Home in Quincy; licensees are required to provide Dram Shop liability in maximum insurance coverage limits so as to save harmless such facilities from all financial loss , damage or harm. The statute further allows the sale of liquors at any property owned or held under lease by a fair, an exposition authority or metropolitan exposition and auditorium authority. Sale or delivery of beer is also permitted at a state, county or city fair in any otherwise lawful manner. Leo I . Nelson -3- January 27, 1978 Additionally alcoholic liquors may be sold in certain state parks with lodging and meal facilities during certain hours and in buildings and recreational areas of river conservancy districts . Therefore, it is my opinion that the liquor control act prohibits the sale or delivery of alcoholic liquors at the Hemmens Building as the Hemmens Building does not appear to be within any of the designated applications to the general prohibition of the sale or delivery of alcoholic liquor in public buildings in the State of Illinois . However, the Liquor Control Act does not purport to limit or deny any power to a home rule unit. Under the Constitution of the State of Illinois , 1970, the City of Elgin is classified as a home rule unit by virtue of its , r population which is in excess of 25,000. Article VII of the Con- stitution establishes the powers of home rule units . Section 6 of Article VII provides in part that "Except as limited by this section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to the power to regulate for the protection of the public health, safety, morals , and welfare ; to license, to tax, and to incur debt." The limitations established in Section 6 are not relevant to the question of the sale of alcoholic liquors in public buildings , although the General Assembly was given the authority to deny or limit any power or function of a home rule unit, providing for the exclusive exercise of the power by the state or the concurrent exercise with the state of any power or function of home rule units to the extent that the General Assembly Leo I . Nelson -4- January 27, 1978 does not specifically limit the concurrent exercise or specifically declare the state's exercise to be exclusive. The question then becomes whether it is within the powers and functions of the City of Elgin, acting as a home rule unit, to permit the sale of alcoholic liquors in a public building such as the iiemmens Building, by ordinance and in conflict with the statute described above. In Illinois Liquor Control Commission vs . City of Joliet, 26 I11. App. 3d 27, 324 N.E. 2d 453 (1975) , the Appellate Court for the Third District considered the question of the validity of an ordinance of a home rule city which prohibited the sale to and consumption of alcoholic beverages by persons under the age of 21. The Liquor Control Act permits the sale to and consumption of beer and wine by persons 19 years of age. The City of Joliet passed a home rule ordinance prohibiting the sale to and consumption by persons under 21 years of age. The Appellate Court disagreed with the contention of the Liquor Control Commission that liquor control is a subject which is exclusive of state law and the broad grant of home rule powers as found in the 1970 Illinois Constitution in Article VII , Section 6(a) was not intended to cover the regulation of alcoholic beverages . The court also found that the control of liquor is a power and function pertaining to the government and affairs of a municipality and further stated that such power cannot be limited except as provided in other sections of the home rule provisions of the Constitution. The court further stated in determining whether or Leo I . Nelson -5- January 27, 1978 not the legislature has provided "specifically by law for the ex- clusive exercise of power by the state, we note primarily that a home rule unit acting in a proper sphere of authority is not bound by legislative enactments prior to 1970." The court went on to sustain the ordinance as a valid exercise of home rule powers ; however, in the course of its opinion the court observed that "the ordinance in question does not attempt to authorize anything that the statute prohibits nor does it prohibit anything which the legislature has expressly authorized." Whether the opinion of the court would have been different if the ordinance had attempted to authorize something that the statute prohibits , is unclear. Obviously, the sale of alcoholic beverages at Hemmens, if authorized by ordinance, would be in conflict with the statutory prohibitions. In Illinois Liquor Control Commission vs. Calumet City, 28 Ill. App. 3d 279, 328 N.E. 2d 153 (1975) , the Appellate Court for the First District also considered an ordinance limiting the sale and con- sumption of alcoholic beverages to persons 21 years of age, the provisions of the state statute which authorized the sale and con- sumption of alcoholic beverages by persons 19 years of age. The Appellate Court agreed with the decision in Illinois Liquor Control Commission vs . City of Joliet, described above, and rejected the argument of implied preemption by amendment of the statute after passage of the Constitution of 1970. Therefore, two reviewing courts have concluded under similar facts , that the provisions of the Illinois Liquor Control Act do Leo I . Nelson -6- January 27, 1978 not limit or deny the powers of a home rule unit. However, other cases, in different circumstances , have held certain ordinances not to be within the government and affairs of a home rule unit. In Ampersand, Inc. vs . Morgan M. Finley, 61 I11. 2d 537, 338 N.E. 2d 15, the Supreme Court denied the power of the County of Cook to impose a library fee at the time of filing pleadings in civil cases. In The City of Carbondale vs . Joe VanNatta, 61 I11. 2d 483 , 33b ,v.L. 2d 19 (1975) , the Supreme Court denied a home rule unit extraterritorial zoning authority. Other denials have been found in cases involving environmental matters . The Metropolitan Sanitary District of Greater Chicago vs . The City of DesPlaines , 63 I11. 2d 256, 347 ;J.E. 2d 716 (1976) , and City of DesPlaines vs. Chicago and North Western Railway Company, 30 Il1.App. 3d 944, 332 N.E. 2d 596. It is my opinion that as a matter of law it is within the government and affairs of the City of Elgin to pass an ordinance authorizing the sale or delivery of alcoholic liquors in the City of Elgin at a public building such as the Hemmens Auditorium. However, the question is not free of challenge by the Illinois Liquor Control Commission or the Attorney General. Those offices could, of course, seek to invalidate such an ordinance and require the investment of substantial time and expense. Any ordinance authorizing the sale or delivery of alcoholic beverages at the Hemmens Auditorium would be in the form of an amendment to the liquor control ordinance of the City of Elgin. It would be necessary to establish another class of license which could be designated as a convention or exhibition license. An Leo I . Nelson - 7- January 27 , 1978 application for license should be required and the payment of whatever fee might be established by the ordinance should be required. The license authorized by the ordinance should be of a limited duration and the licensee should be required to furnish Dram Shop insurance and liability insurance which names the City of Elgin, as owner of the property, as an additional insured. Consideration should be given to limiting the issuance of such a license to a convention or exhibition with a specified number of attendees and to certain hours of operation. It is important to remember that a liquor license authorizes the licensee to make the sale or delivery of alcoholic beverages at a specific location. Therefore , licenses granted for other locations would not be effective and would not permit the holders of such licenses to engage in the sale or delivery of alcoholic liquors . It is my suggestion that any license should be issued to the person or organization holding the function at Hemmens. That person could, of course , contract with other licensees to act as their agent in the sale or delivery of alcoholic beverages . In addition to the requirement of a local license specifically authorizing the sale or delivery of alcoholic beverages at I Iemmens , any applicant would also be required to make application to the Illinois Liquor Control Commission for a state license. The home rule ordinance of the City of Elgin could not prohibit the require- ment of a state license. Whether or not the state would issue a license if it were aware that the sale or delivery would be in a public building not within the statutory exceptions, is questionable. Leo I . Nelson -8- January 27, 1n78 There is , however, authority for the proposition that if a local license is issued a state license must issue, upon proper applica- tion and payment of fees. People ex rel. Cairo Turf Club, Inc. vs . Taylor et al. , 350 Ill. App. 446, 113 N.E. 2d 212. Retail Liquor Dealers Protective Association of Illinois et al . vs. Fleck et al. , 40S Ill. 219, 96 N.E. 2d 256. If you have any further questions , please advise. Erwin W. Jentsch GWJ/nlc r r I. TO: MAYOR RICHARD VERBIC FROM: CHIEF ROBERT L. BAIRD DATE: DECEMBER 19, 1978 SUBJECT: IMFORMATION AND RECOMMENDATIONS IN REFERENCE TO LEGAL DRINKING AGE I am enclosing an Illinois Department of Transportation report which statiscally reflects that statewide the lower drinking age results in more accidents. We are not able to isolate this information for Elgin however we believe the state trend would obviously apply to Elgin. I am also enclosing Elgin statistics on Driving While Intoxicated (DWI) offenses. We started to collect DWI information in October 1977 and accordingly can not compare it with prior years. One could interpret L. however that the 12.7% for an age range of three years is high when compared to the percentages which reflect ten year ranges. Police record keeping procedures do not lend themselves to abstracting whether drinking is involved in such offenses as theft and vandalism, the majority of which are undetectable. We suspect that drinking would be involved in a high percentage of these incidents. In talking with patrol division supervisors the consensus would be that there has been increased police involvement. This increase would be at establishments that cater to the nineteen and over crowd and at house parties where those in attendance are in the nineteen and over age bracket. The results of a mini survey which would reflect the consensus of some fifty patrol officers and their supervisors is attached and is self explanatory. Based on the Following it is my recommendation that the legal drinking age for persons in the City of Elgin be raised to age twenty one (21) . Also the age for dispersing and serving be raised to age twenty one (21) . An increase of 33 fatalities statewide in 1975. A disproportionate increase increase of drivers aged 18 to 20 for the charge of Driving While Intoxicated - City of Elgin statistics. Should we choose not to raise the drinking age the probability of Elgin becoming a "drinking island" is indeed possible due to area communities raising their legal age to twenty one. Although not statistically documented it is believed that drinking is a causative factor in the area of vandalism. The unanimous agreement among our Watch Supervisors to raise the legal age to twenty one. The Cook County Board is studying the drinking age and according to the news media is contemplating petitioning the state legislature to raise the legal age to twenty one state wide. r TO: CHIEF ROBERT L. BAIRD RE: 19 AND 20 YR. DRINKING SURVEY RESULTS • Here is the resulting response to the survey taken of Watch Supervisors at your request. Each question has been provided followed by the actual number of YES and NO responses. Comments made to further elaborate on the problem follow the question portion. Respectfully, C E.K. ISOM, LIEUT. Assistant to Chief for Planning • r QUESTIONS r 1. Based upon your experience and those of the men under your command, has the legal drinking age of 19 and 20 years increased the number of calls for police service at local liquor establishments? YES's 3 NO's 6 Comments to Question #1 A. Increased in motor vehicle incidents or stops B. Bound to happen but increase not large 2. Based upon the same knowledge, has the number of incidents involving) intoxicated or unruly 19 and 20 year olds increased at party or group gatherings, resulting in police response? YES's 8 NO's 1 UNCERTAIN Comments to Question #2 A. Uncertain, if so, not a large or noticable increase 3. Of those persons observed at local establishments, has particular problems increased as a result of this additional age group being legally permitted to consume beer and wine? YES's 5 NO's 4 Comments to Question #3 r 4. During regular checks of liquor establishments, has the incidents of problems connected to 19 and 20 year olds increased sufficiently to create a problem for the department? YES's 3 NO's 6 S. Has the number of suspected drinking and driving situations increased over the past year involving the 19 and 20 year old population? YES's 9 NO's 6. Of those liquor establishment incidents involving a police response, has the presence of 19 and 20 year olds created a problem, (in other words, are the 19 and 20 year old patrons more or less a problem than those over 21)? (See Comments, rear of this report.) 7. In your opinion, should the City of Elgin consider changing the legal drinking age back to 21 years for all liquor consumpiton? YES's 9 NO's COMMENTS Comments to Question #6. A. The officers think that there has been a lot more drinking in vehicles since we have 19 and 20 year olds drinking. B. No. C. Not as much of a problem. D. Do not cause as much of a problem. E. Less a problem. I do not feel 19 and 20 years necessarily hang around in great numbers in liquor establishments. F. More. G. More. r GENERAL ADDITIONAL COMMENTS - Not specifically asked in Survey Questions A. Most youths now go to Dundee to drink. B. I think you neglected to ask if drinking has increased at school functions. I feel that drinking at and having con- sumed alcholic beverages prior to football games (by school aged youths) created a major problem in trying to police these events. r • r Comments from Lieut. Isom r Although not specifically written, several Watch Supervisors made the overture that a general fear was expressed that should a considerable number of suburban communities raise the drinking age to 21 years and Elgin did not, that potential migration by large numbers of youth might result. They even suggested Elgin as a Lake Geneva type catch basin for 19 and 20 year olds satisfying their needs or drives for beer and wine. This is potentially a legitamate fear since Elgin is a larger than, normal community for the immediate area and does conatin several liquor establishments which might attract this age group. The further reflected results overall seem to support to some degree an increase in problematic situations involving the particular age group and the legal availability to now consume beer and wine. r r • MEMO TO: CHIEF BAIRD SUBJECT: LOWER DRINKING AGE AND TRAFFIC ACCIDENTS Please refer to page 20 of attached study from IDOT. Briefly, the lower drinking age of 19 years has increased traffic fatalities and other accidents by 1.62 per cent. 33 fatalities in 1975 are directly related to the lower drinking age. 677 ,"//1/". Sq5 . o br L. Call • r r ASSESSMENT OF THE EFFECT ON TRAFFIC SAFETY OF LOWERING THE LEGAL DRINKING AGE IN ILLINOIS — Department of Transportation William H. Mills Division of Traffic Safety November 19717 The law change was estimated to have contributed to an additional 41 alcohol involved accidents in 1975. These 41 drivers represent an increase of 33 fatalities or 1.6% in the state fatality total .1 • • r 1 The ratios of fatal to personal serious injury accidents for the years 1974, 1975 and 1976 were 1:60, 1:65, and 1 :62, respectively. The ratios fatal accidents to property damage accidents the same - . years were 1:214, 1:222 and 1:213, respectively. The consistency of these ratios should be noted. 19 r . IV. CONCLUSIONS The complete effect on traffic safety of the reduction in Illinois' legal drinking age is still unknown, and will likely never be fully known. However, there is basis for three important conclusions. The most important is that the reduction in the minimum drinking age had a definite negative effect on Illinois traffic _ safety by increasing fatalities, and thus serious injury and property damage accidents as well . An increase of 33 fatalities in the year 1975 is estimated to have been related directly to the legal access granted the 19 and 20-year-old drivers to alcohol . The experience of states that have lowered their legal drinking age is similar to that of Illinois in the sense that it is possible to identify in those states increases in fatal accidents the young drivers who were enfranchised by the change. Despite the increases in fatal accidents among the younger drivers that can be connected to alcohol , the problem in Illinois and nationally is by no means limited to the younger drivers. The 19-20-year-old drivers are also not the worst offenders. As data presented here show clearly, the problem of driving while intoxi- cated or under the influence of alcohol is so pervasive as to in- clude virtually every age group of drivers in the State. r 20 r MEMO TO: Chief Baird FROM: DWI - Arrest Age Breakdown for period of October 1977 thru November 1978 AGE GROUP NUMBER % of TOTAL 0-17 NONE 0 18-20 12 12.7 21-30 36 38.3 31-40 16 17.1 (Pr 41-50 17 18.1 F 51-60 9 9.6 61-up 4 4.2 TOTAL 94 100% Tom Flora Crime Analyst Elgin Police Department Date: 12/6/78 r PROPOSAL TO INCREASE LEGAL DRINKING AGE TO AGE 21 Drinking has arisen here among teenagers in Elgin since the state lowered the drinking age from 21 to 19. Teenagers are beginning to drink at an earlier age; they are drinking more often and in greater quantities. Dr. Paul Lawrence, Superintendent of U-46, stated that the principals and school administration staff are overwhelmingly in favor of raising the legal drinking age to 21. Dr. Lawrence cited problems such as: 1. Drinking at athletic events; 2. School function drinking problems; and 3. Students coming to school intoxicated. Since the drinking age was lowered by the state vandalism, crime, and auto accidents have increased at an alarming rate among persons under 21. Authorities feel that the 19 and 20 year olds can't handle the beer and wine; what is happening is that they are buying for their friends in the 15 and 16 year age category. Many authorities feel that the 21 year olds are not as likely to buy liquor for the younger age category because the 21 year olds are on their way to adulthood and most often do not associate with the 15 and 16 year olds. Jim Renz, Executive Director of CCDA, stated that if the drinking age was raised to 21 he feels that less serious car accidents would occur. He also stated that the 19 and 20 year olds buy liquor for the younger age group. He stated that over 500 alcoholics in Elgin are teenagers. Statistics from the National Clearinghouse on Alcohol Information show that 43% of teenagers arrested for comniting crime had been drinking. They show statistics on drunken driving revealing that teenagers need less liquor in the blood stream to become drunk enough to have a fatal accident. -1- They have also stated that the number in ratio of youthful offenders in the 16 to 19 age category have increased from 1974 to 1977 involved with drunken driving. Mark Hopkins, President of Elgin Community College, Gene Armentrout, Kane County State's Attorney, and George Kramer, Sheriff of Kane County, have all stated that there is merit in raising the liquor age to 21 and it would cut out a lot of problems associated with encouraging the younger age group to participate in drinking. Seven of nine liquor license holders, Class A, support raising the liquor age to 21. Richard L. Verbic Mayor r r In reviewing the 76-77 Annual Report from the Traffic School, the following conclusions could be made, with reservations. I. The number of youthful offenders between 16 - 19 years old, being referred to the school over the past several years has increased steadily. 2. In considering the degree of alcohol dependency in respect to age groups, the percentage of both problem drinkers and classified alcoholism in the 16 - 19 age group is alarming. Since they are beginning at a very young age coupled with the age groups school failure rate compared to older groups, these young people can potentially be expected to be repeat offenders where drinking and driving is concerned. 3. From the 1977-78 Special Study, one strong conclusion can be gained from just looking at the total number of youths referred and their degree of dependency to alcohol. In checking with Mr. Michael Fick, of the Behavioral School, a request was made to extract from their referrals, only those persons 19 and 20 years of age and the degree by category of diagnosed dependency. Mr. Fick responded that between July 1977 and September 1978 the following referrals were processed and diagnosed. Social Problem Severe Alcoholics Tota Drinkers Drinkers Problem Drinkers 19 year olds 0 1 8 14 23 20 year olds 0 2 17 22 41 From this information, it can eaily be seen that of those persons referred to the Behavioral Driving School, the larger percentage have reached the Severe Problem or Alcoholic stages in their drinking behavior. Additionally, we can look at the two respective age groupings, which the Special Report provided. Of the group 16 - 19 years, a total of 51 were referred. Extracting only the age 19 from this group, we find a total of 23 or 45% of the entire group represent that single age. Further, the grouping 20 - 25 reflected a total of 130 referrals of which 41 represent only 20 year olds or 32% of the group. It not only appears that 19 and 20 year old youths are becoming more involved in the drinking culture, they are developing both Severe and Alcoholic tendencies very early on in their adult life. r 1-3-79 • ank 4 January 3, 1379 I City Of Elgin I Council Members We as Liquor license holders favor a 21 year old drinking age and would support any ruling towards that I favor. /- . ■Illale dr. 5zv s / /7 D T v� 1'7,-ee___ -7---/..t,r,".4 , 1.-C.f.,te,e_.-4-, _, !' "D 0 1 2, L,L J o hi")S iA f :c s" nJ v. G,'o J -'I row i , Ze2cl /9 A e AC44--- 4e, _e: /.,, 4,6,,, ._ .i , /2debe i.e)m, , ,dediaii,.„,,,- r i ,... i i