G53-12 Ordinance No. G53-12
• AN ORDINANCE
PROVIDING FOR A SOCIAL HOSTING ORDINANCE
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to government affairs; and
WHEREAS, Illinois Liquor Control Commission is advocating for a Parental
Responsibility Program which includes education and enforcement initiatives to reduce underage
drinking; and
WHEREAS, the enforcement initiatives of the Parental Responsibility Program include
advocacy for both state and local laws prohibiting parents and other adults from making alcohol
available to underage persons and social hosting laws which provide penalties to adults who
allow underage drinking in their homes; and
WHEREAS, Public Act 97-1049 was recently enacted and will be effective January 1,
2013, and provides for a social hosting law providing that it is unlawful for any parent to allow
his or her residence or other private property under his or her control to be used for consumption
of alcohol by a person under the age of 21; and
WHEREAS, a number of communities have adopted similar social hosting regulations in
an effort to discourage gathering or parties where underage people may use illicit drugs, alcohol
or alcoholic beverages; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform and function pertaining to its governing affairs including, but not limited
to, the power to regulate for the protection of the public health, safety, morals and welfare; and
WHEREAS, an ordinance regarding social hosting responsibilities in an effort to
discourage gatherings or parties where underage people may use illegal drugs, alcohol or
alcoholic beverages relates to the public health, safety and welfare and pertains to the governing
affairs of the city.
NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That title 10 of the Elgin Municipal Code, 1976, as amended, entitled
"Public Peace, Morals and Welfare" being is hereby further amended by adding a new chapter
10.68 thereto entitled "Social Hosting' to read as follows:
"Chapter 10.68
SOCIAL HOSTING
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10.68.010: DEFINITIONS
• Unless otherwise expressly stated or clearly indicated by the context, the following terms
shall, for the purpose of this chapter, have the meetings indicated in this section:
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.
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 overtly aid, conduct, allow, entertain, organize, supervise, control, or permit a
gathering or event.
• ILLICIT DRUGS: 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 55011, 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:
1. As a natural, adoptive parent, or stepparent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
PERSON: Any individual, partnership, co-partnership, corporation, or any association of
one or more individuals.
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 PERSON: Any individual under twenty-one (2 1) years of age.
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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.
RESPONSE COSTS: are the costs associated with responses by law enforcement, fire,
and other emergency response providers to an Event or Gathering, including but not
limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other
emergency response personnel for the amount of time spent responding to, remaining at,
or otherwise dealing with an Event or Gathering, and the administrative costs attributable
to such response(s); (2) the cost of any medical treatment for any law enforcement, code
enforcement, fire, or other emergency response personnel injured responding to,
remaining at, or leaving the scene of an Event or Gathering; (3) the cost of repairing any
city equipment or property damaged, and the cost of the use of any such equipment, in
responding to, remaining at, or leaving the scene of an Event or Gathering:
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.
10.68.020: SOCIAL HOSTING-VIOLATIONS
A. Except as permitted by state law, it is 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 have been
consumed by an Underage Person, if such Person either knows or reasonably
should know that an Underage Person has consumed any Illicit Drugs, Alcohol or
Alcoholic Beverages.
B. It is the duty of any Person who permits, allows or hosts 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 Underage Persons
will be present, to take all reasonable steps to prevent the consumption of Illicit
Drugs, Alcohol or Alcoholic Beverages by any Underage Person at the Event or
Gathering. As such, a rebuttable presumption that a person reasonably should
know that an Underage Person is consuming any Alcohol, Alcoholic Beverages,
or Illicit Drugs shall exist when:
1. A Person who permits, allows, or hosts an Event or Gathering is present at
the premises of the Event or Gathering at the time any Underage Person
consumes Illicit Drugs, Alcohol or Alcoholic Beverage.
2. A Person who permits, allows or hosts an Event or Gathering at which an
Underage Person has consumed Alcohol, Alcoholic Beverages or Illicit
• Drugs, whether or not the Person permitting, allowing or hosting is
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present, if the Person has not taken all reasonable steps to prevent the
• consumption of Illicit Drugs, Alcohol or Alcoholic Beverages by
Underage Persons.
10.68.030: EXCEPTIONS:
A. This chapter shall not apply to conduct involving the use of Alcoholic Beverages
that occurs at a Religious Ceremony or exclusively between and Underage Person
and his or her parent or legal guardian, as permitted by Illinois law.
B. A Person who hosts an Event or Gathering shall not be in violation of this Chapter
if he or she seeks assistance from the Police Department or other law enforcement
agency to remove any person who refuses to abide by the Person's performance
of the duties imposed by this Chapter, or terminate the Event or Gathering
because the person has been unable to prevent Underage Persons 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.
10.68.040: PENALTY FOR VIOLATION:
A. Any Person violating any of the provisions or failing to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
• convicted of an offense under this chapter, in addition to other legal equitable
remedies available to the city, shall be punished by a fine in an amount not less
Five Hundred Dollars ($500.00) for each offense and shall also be assessed and
responsible for any and all Response Costs incurred to investigate the event or
gathering.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter's committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and such or payment of any penalty or fine provided in this chapter shall
not be deemed to waiver the power of the city to suspend, revoke or refuse to
renew a license permit or to seek injunctive relief to enjoin violations of this
chapter or other applicable provisions of law."
Section 2. That all ordinances are part of ordinances and conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
• David J. Kaptain, Kayor
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• Presented: September 26, 2012
Passed: September 26, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 26, 2012
Published: September 28, 2012 •
Attest:
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Kimberly Dewis, City Clerk
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