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92_HB3162enr
HB3162 Enrolled LRB9205152LDpc
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 6-16 and 6-16.1 as follows:
6 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
7 Sec. 6-16. Prohibited sales and possession.
8 (a) (i) No licensee nor any officer, associate, member,
9 representative, agent, or employee of such licensee shall
10 sell, give, or deliver alcoholic liquor to any person under
11 the age of 21 years or to any intoxicated person, except as
12 provided in Section 6-16.1. (ii) No express company, common
13 carrier, or contract carrier that carries or transports
14 alcoholic liquor for delivery within this State shall
15 knowingly give or knowingly deliver to a residential address
16 any shipping container clearly labeled as containing
17 alcoholic liquor and labeled as requiring signature of an
18 adult of at least 21 years of age to any person in this State
19 under the age of 21 years. An express company, common
20 carrier, or contract carrier that carries or transports such
21 alcoholic liquor for delivery within this State shall obtain
22 a signature acknowledging receipt of the alcoholic liquor by
23 an adult who is at least 21 years of age. (iii) No person,
24 after purchasing or otherwise obtaining alcoholic liquor,
25 shall sell, give, or deliver such alcoholic liquor to another
26 person under the age of 21 years, except in the performance
27 of a religious ceremony or service. Any person who violates
28 the provisions of item (i), (ii), or (iii) of this paragraph
29 of this subsection (a) is guilty of a Class A misdemeanor and
30 the person's sentence shall include, but shall not be limited
31 to, a fine of not less than $500.
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1 If a licensee or officer, associate, member,
2 representative, agent, or employee of the licensee, or a
3 representative, agent, or employee of an express company,
4 common carrier, or contract carrier that carries or
5 transports alcoholic liquor for delivery within this State,
6 is prosecuted under this paragraph of this subsection (a) for
7 selling, giving, or delivering alcoholic liquor to a person
8 under the age of 21 years, the person under 21 years of age
9 who attempted to buy or receive the alcoholic liquor may be
10 prosecuted pursuant to Section 6-20 of this Act, unless the
11 person under 21 years of age was acting under the authority
12 of a law enforcement agency, the Illinois Liquor Control
13 Commission, or a local liquor control commissioner pursuant
14 to a plan or action to investigate, patrol, or conduct any
15 similar enforcement action.
16 For the purpose of preventing the violation of this
17 Section, any licensee, or his agent or employee, or a
18 representative, agent, or employee of an express company,
19 common carrier, or contract carrier that carries or
20 transports alcoholic liquor for delivery within this State,
21 shall may refuse to sell, deliver, or serve alcoholic
22 beverages to any person who is unable to produce adequate
23 written evidence of identity and of the fact that he or she
24 is over the age of 21 years, if requested by the licensee,
25 agent, employee, or representative.
26 Adequate written evidence of age and identity of the
27 person is a document issued by a federal, state, county, or
28 municipal government, or subdivision or agency thereof,
29 including, but not limited to, a motor vehicle operator's
30 license, a registration certificate issued under the Federal
31 Selective Service Act, or an identification card issued to a
32 member of the Armed Forces. Proof that the
33 defendant-licensee, or his employee or agent, or the
34 representative, agent, or employee of the express company,
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1 common carrier, or contract carrier that carries or
2 transports alcoholic liquor for delivery within this State
3 demanded, was shown and reasonably relied upon such written
4 evidence in any transaction forbidden by this Section is an
5 affirmative defense in any criminal prosecution therefor or
6 to any proceedings for the suspension or revocation of any
7 license based thereon. It shall not, however, be an
8 affirmative defense if the agent or employee accepted the
9 written evidence knowing it to be false or fraudulent. If a
10 false or fraudulent Illinois driver's license or Illinois
11 identification card is presented by a person less than 21
12 years of age to a licensee or the licensee's agent or
13 employee for the purpose of ordering, purchasing, attempting
14 to purchase, or otherwise obtaining or attempting to obtain
15 the serving of any alcoholic beverage, the law enforcement
16 officer or agency investigating the incident shall, upon the
17 conviction of the person who presented the fraudulent license
18 or identification, make a report of the matter to the
19 Secretary of State on a form provided by the Secretary of
20 State.
21 However, no agent or employee of the licensee shall be
22 disciplined or discharged for selling or furnishing liquor to
23 a person under 21 years of age if the agent or employee
24 demanded and was shown, before furnishing liquor to a person
25 under 21 years of age, adequate written evidence of age and
26 identity of the person issued by a federal, state, county or
27 municipal government, or subdivision or agency thereof,
28 including but not limited to a motor vehicle operator's
29 license, a registration certificate issued under the Federal
30 Selective Service Act, or an identification card issued to a
31 member of the Armed Forces. This paragraph, however, shall
32 not apply if the agent or employee accepted the written
33 evidence knowing it to be false or fraudulent.
34 Any person who sells, gives, or furnishes to any person
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1 under the age of 21 years any false or fraudulent written,
2 printed, or photostatic evidence of the age and identity of
3 such person or who sells, gives or furnishes to any person
4 under the age of 21 years evidence of age and identification
5 of any other person is guilty of a Class A misdemeanor and
6 the person's sentence shall include, but shall not be limited
7 to, a fine of not less than $500.
8 Any person under the age of 21 years who presents or
9 offers to any licensee, his agent or employee, any written,
10 printed or photostatic evidence of age and identity that is
11 false, fraudulent, or not actually his or her own for the
12 purpose of ordering, purchasing, attempting to purchase or
13 otherwise procuring or attempting to procure, the serving of
14 any alcoholic beverage, who falsely states in writing that he
15 or she is at least 21 years of age when receiving alcoholic
16 liquor from a representative, agent, or employee of an
17 express company, common carrier, or contract carrier, or who
18 has in his or her possession any false or fraudulent written,
19 printed, or photostatic evidence of age and identity, is
20 guilty of a Class A misdemeanor and the person's sentence
21 shall include, but shall not be limited to, the following: a
22 fine of not less than $500 and at least 25 hours of community
23 service. If possible, any community service shall be
24 performed for an alcohol abuse prevention program.
25 Any person under the age of 21 years who has any
26 alcoholic beverage in his or her possession on any street or
27 highway or in any public place or in any place open to the
28 public is guilty of a Class A misdemeanor. This Section does
29 not apply to possession by a person under the age of 21 years
30 making a delivery of an alcoholic beverage in pursuance of
31 the order of his or her parent or in pursuance of his or her
32 employment.
33 (a-1) It is unlawful for any parent or guardian to
34 permit his or her residence to be used by an invitee of the
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1 parent's child or the guardian's ward, if the invitee is
2 under the age of 21, in a manner that constitutes a violation
3 of this Section. A parent or guardian is deemed to have
4 permitted his or her residence to be used in violation of
5 this Section if he or she knowingly authorizes, enables, or
6 permits such use to occur by failing to control access to
7 either the residence or the alcoholic liquor maintained in
8 the residence. Any person who violates this subsection (a-1)
9 is guilty of a Class A misdemeanor and the person's sentence
10 shall include, but shall not be limited to, a fine of not
11 less than $500. Nothing in this subsection (a-1) shall be
12 construed to prohibit the giving of alcoholic liquor to a
13 person under the age of 21 years in the performance of a
14 religious ceremony or service.
15 (b) Except as otherwise provided in this Section whoever
16 violates this Section shall, in addition to other penalties
17 provided for in this Act, be guilty of a Class A misdemeanor.
18 (c) Any person shall be guilty of a Class A misdemeanor
19 where he or she knowingly permits a gathering at a residence
20 which he or she occupies of two or more persons where any one
21 or more of the persons is under 21 years of age and the
22 following factors also apply:
23 (1) the person occupying the residence knows that
24 any such person under the age of 21 is in possession of
25 or is consuming any alcoholic beverage; and
26 (2) the possession or consumption of the alcohol by
27 the person under 21 is not otherwise permitted by this
28 Act; and
29 (3) the person occupying the residence knows that
30 the person under the age of 21 leaves the residence in an
31 intoxicated condition.
32 For the purposes of this subsection (c) where the
33 residence has an owner and a tenant or lessee, there is a
34 rebuttable presumption that the residence is occupied only by
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1 the tenant or lessee.
2 (d) Any person who rents a hotel or motel room from the
3 proprietor or agent thereof for the purpose of or with the
4 knowledge that such room shall be used for the consumption of
5 alcoholic liquor by persons under the age of 21 years shall
6 be guilty of a Class A misdemeanor.
7 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
8 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff.
9 8-13-98.)
10 (235 ILCS 5/6-16.1)
11 Sec. 6-16.1. Enforcement actions.
12 (a) A licensee or an officer, associate, member,
13 representative, agent, or employee of a licensee may sell,
14 give, or deliver alcoholic liquor to a person under the age
15 of 21 years or authorize the sale, gift, or delivery of
16 alcoholic liquor to a person under the age of 21 years
17 pursuant to a plan or action to investigate, patrol, or
18 otherwise conduct a "sting operation" or enforcement action
19 against a person employed by the licensee or on any licensed
20 premises if the licensee or officer, associate, member,
21 representative, agent, or employee of the licensee provides
22 written notice, at least 14 days before the "sting operation"
23 or enforcement action, unless governing body of the
24 municipality or county having jurisdiction sets a shorter
25 period by ordinance, to the law enforcement agency having
26 jurisdiction, the local liquor control commissioner, or both.
27 Notice provided under this Section shall be valid for a
28 "sting operation" or enforcement action conducted within 60
29 days of the provision of that notice, unless the governing
30 body of the municipality or county having jurisdiction sets a
31 shorter period by ordinance.
32 (b) A local liquor control commission or unit of local
33 government that conducts alcohol and tobacco compliance
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1 operations shall establish a policy and standards for alcohol
2 and tobacco compliance operations to investigate whether a
3 licensee is furnishing (1) alcoholic liquor to persons under
4 21 years of age in violation of this Act or (2) tobacco to
5 persons in violation of the Sale of Tobacco to Minors Act.
6 (c) The Illinois Law Enforcement Training Standards
7 Board shall develop a model policy and guidelines for the
8 operation of alcohol and tobacco compliance checks by local
9 law enforcement officers. The Illinois Law Enforcement
10 Training Standards Board shall also require the supervising
11 officers of such compliance checks to have met a minimum
12 training standard as determined by the Board. The Board
13 shall have the right to waive any training based on current
14 written policies and procedures for alcohol and tobacco
15 compliance check operations and in-service training already
16 administered by the local law enforcement agency, department,
17 or office.
18 (d) The provisions of subsections (b) and (c) do not
19 apply to a home rule unit with more than 2,000,000
20 inhabitants.
21 (e) A home rule unit, other than a home rule unit with
22 more than 2,000,000 inhabitants, may not regulate enforcement
23 actions in a manner inconsistent with the regulation of
24 enforcement actions under this Section. This subsection (e)
25 is a limitation under subsection (i) of Section 6 of Article
26 VII of the Illinois Constitution on the concurrent exercise
27 by home rule units of powers and functions exercised by the
28 State.
29 (Source: P.A. 90-355, eff. 8-10-97.)
30 Section 99. Effective date. This Act takes effect
31 January 1, 2002.
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