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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||||||||||||||||||||||
5 | changing Section 10-1 as follows:
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6 | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
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7 | Sec. 10-1. Violations; penalties. Whereas a substantial | ||||||||||||||||||||||||||
8 | threat
to the sound and careful control, regulation, and | ||||||||||||||||||||||||||
9 | taxation of the
manufacture, sale, and distribution of | ||||||||||||||||||||||||||
10 | alcoholic liquors exists by virtue
of individuals who | ||||||||||||||||||||||||||
11 | manufacture,
import, distribute, or sell alcoholic liquors | ||||||||||||||||||||||||||
12 | within the State without
having first obtained a valid license | ||||||||||||||||||||||||||
13 | to do so, and whereas such threat is
especially serious along | ||||||||||||||||||||||||||
14 | the borders of this State, and whereas such threat
requires | ||||||||||||||||||||||||||
15 | immediate correction by this Act, by active investigation and
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16 | prosecution by law enforcement officials and prosecutors, and | ||||||||||||||||||||||||||
17 | by prompt and
strict enforcement through the courts of this | ||||||||||||||||||||||||||
18 | State to punish violators and
to deter such conduct in the | ||||||||||||||||||||||||||
19 | future:
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20 | (a) Any person who manufactures, imports
for distribution | ||||||||||||||||||||||||||
21 | or use, or distributes or sells alcoholic liquor at any
place | ||||||||||||||||||||||||||
22 | within the State without having first obtained a valid license | ||||||||||||||||||||||||||
23 | to do
so under the provisions of this Act shall be guilty of a |
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1 | business offense
and fined not more than $1,000 for the first | ||||||
2 | such offense and shall be
guilty of a Class 4 felony for each | ||||||
3 | subsequent offense.
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4 | (b) (1) Any retailer, licensed in this State, who knowingly | ||||||
5 | causes to
furnish,
give, sell, or otherwise being within the | ||||||
6 | State, any alcoholic liquor destined
to be used, distributed, | ||||||
7 | consumed or sold in another state, unless such
alcoholic liquor | ||||||
8 | was received in this State by a duly licensed distributor,
or | ||||||
9 | importing distributors shall have his license suspended for 7 | ||||||
10 | days for
the first offense and for the second offense, shall | ||||||
11 | have his license
revoked by the Commission.
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12 | (2) In the event the Commission receives a certified copy | ||||||
13 | of a final order
from a foreign jurisdiction that an Illinois | ||||||
14 | retail licensee has been found to
have violated that foreign | ||||||
15 | jurisdiction's laws, rules, or regulations
concerning the | ||||||
16 | importation of alcoholic liquor into that foreign | ||||||
17 | jurisdiction,
the violation may be grounds for the Commission | ||||||
18 | to revoke, suspend, or refuse
to
issue or renew a license, to | ||||||
19 | impose a fine, or to take any additional action
provided by | ||||||
20 | this Act with respect to the Illinois retail license or | ||||||
21 | licensee.
Any such action on the part of the Commission shall | ||||||
22 | be in accordance with this
Act and implementing rules.
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23 | For the purposes of paragraph (2): (i) "foreign | ||||||
24 | jurisdiction" means a
state, territory, or possession of the | ||||||
25 | United States, the District of Columbia,
or the Commonwealth of | ||||||
26 | Puerto Rico, and (ii) "final order" means an order or
judgment |
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1 | of a court or administrative body that determines the rights of | ||||||
2 | the
parties respecting the subject matter of the proceeding, | ||||||
3 | that remains in full
force and effect, and from which no appeal | ||||||
4 | can be taken.
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5 | (c) Any person who shall make any false statement or | ||||||
6 | otherwise
violates any of the provisions of this Act in | ||||||
7 | obtaining any license
hereunder, or who having obtained a | ||||||
8 | license hereunder shall violate any
of the provisions of this | ||||||
9 | Act with respect to the manufacture,
possession, distribution | ||||||
10 | or sale of alcoholic liquor, or with respect to
the maintenance | ||||||
11 | of the licensed premises, or shall violate any other
provision | ||||||
12 | of this Act, shall for a first offense be guilty of a petty
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13 | offense and fined not more than $500, and for a second or | ||||||
14 | subsequent
offense shall be guilty of a Class B misdemeanor.
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15 | (c-5) Any owner of an establishment that serves alcohol on | ||||||
16 | its premises who maintains a retail liquor license as provided | ||||||
17 | in subsection (d) of Section 5-1 of this Act and allows for the | ||||||
18 | sale and consumption of alcoholic beverages on its premises as | ||||||
19 | an on premise consumption retailer , if more than 50% of the | ||||||
20 | establishment's gross receipts within the prior 3 months is | ||||||
21 | from the sale of alcohol , who knowingly fails to prohibit | ||||||
22 | concealed firearms on its premises or who knowingly makes a | ||||||
23 | false statement or record to avoid the prohibition of concealed | ||||||
24 | firearms on its premises under the Firearm Concealed Carry Act | ||||||
25 | shall be guilty of a business offense with a fine up to $5,000. | ||||||
26 | (d) Each day any person engages in business as a |
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1 | manufacturer,
foreign importer, importing distributor, | ||||||
2 | distributor or retailer in
violation of the provisions of this | ||||||
3 | Act shall constitute a separate offense.
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4 | (e) Any person, under the age of 21 years who, for the | ||||||
5 | purpose
of buying, accepting or receiving alcoholic liquor from | ||||||
6 | a
licensee, represents that he is 21 years of age or over shall | ||||||
7 | be guilty
of a Class A misdemeanor.
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8 | (f) In addition to the penalties herein provided, any | ||||||
9 | person
licensed as a wine-maker in either class who | ||||||
10 | manufactures more wine than
authorized by his license shall be | ||||||
11 | guilty of a business offense and shall be
fined $1 for each | ||||||
12 | gallon so manufactured.
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13 | (g) A person shall be exempt from prosecution for a | ||||||
14 | violation of this
Act if he is a peace officer in the | ||||||
15 | enforcement of the criminal laws and
such activity is approved | ||||||
16 | in writing by one of the following:
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17 | (1) In all counties, the respective State's Attorney;
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18 | (2) The Director of State Police under
Section 2605-10, | ||||||
19 | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | ||||||
20 | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | ||||||
21 | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | ||||||
22 | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
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23 | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | ||||||
24 | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
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25 | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | ||||||
26 | Department of State
Police Law (20 ILCS 2605/2605-10, |
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1 | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | ||||||
2 | 2605/2605-110, 2605/2605-115,
2605/2605-120, | ||||||
3 | 2605/2605-130, 2605/2605-140, 2605/2605-190, | ||||||
4 | 2605/2605-200,
2605/2605-205, 2605/2605-210, | ||||||
5 | 2605/2605-215, 2605/2605-250, 2605/2605-275,
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6 | 2605/2605-300,
2605/2605-305, 2605/2605-315, | ||||||
7 | 2605/2605-325, 2605/2605-335, 2605/2605-340,
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8 | 2605/2605-350, 2605/2605-355, 2605/2605-360,
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9 | 2605/2605-365, 2605/2605-375, 2605/2605-390,
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10 | 2605/2605-400, 2605/2605-405, 2605/2605-420, | ||||||
11 | 2605/2605-430, 2605/2605-435,
2605/2605-500, | ||||||
12 | 2605/2605-525, or 2605/2605-550); or
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13 | (3) In cities over 1,000,000, the Superintendent of | ||||||
14 | Police.
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15 | (Source: P.A. 98-63, eff. 7-9-13.)
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16 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
17 | changing Section 65 as follows: | ||||||
18 | (430 ILCS 66/65)
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19 | Sec. 65. Prohibited areas. | ||||||
20 | (a) A licensee under this Act shall not knowingly carry a | ||||||
21 | firearm on or into: | ||||||
22 | (1) Any building, real property, and parking area under | ||||||
23 | the control of a public or private elementary or secondary | ||||||
24 | school. |
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1 | (2) Any building, real property, and parking area under | ||||||
2 | the control of a pre-school or child care facility, | ||||||
3 | including any room or portion of a building under the | ||||||
4 | control of a pre-school or child care facility. Nothing in | ||||||
5 | this paragraph shall prevent the operator of a child care | ||||||
6 | facility in a family home from owning or possessing a | ||||||
7 | firearm in the home or license under this Act, if no child | ||||||
8 | under child care at the home is present in the home or the | ||||||
9 | firearm in the home is stored in a locked container when a | ||||||
10 | child under child care at the home is present in the home. | ||||||
11 | (3) Any building, parking area, or portion of a | ||||||
12 | building under the control of an officer of the executive | ||||||
13 | or legislative branch of government, provided that nothing | ||||||
14 | in this paragraph shall prohibit a licensee from carrying a | ||||||
15 | concealed firearm onto the real property, bikeway, or trail | ||||||
16 | in a park regulated by the Department of Natural Resources | ||||||
17 | or any other designated public hunting area or building | ||||||
18 | where firearm possession is permitted as established by the | ||||||
19 | Department of Natural Resources under Section 1.8 of the | ||||||
20 | Wildlife Code. | ||||||
21 | (4) Any building designated for matters before a | ||||||
22 | circuit court, appellate court, or the Supreme Court, or | ||||||
23 | any building or portion of a building under the control of | ||||||
24 | the Supreme Court. | ||||||
25 | (5) Any building or portion of a building under the | ||||||
26 | control of a unit of local government. |
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1 | (6) Any building, real property, and parking area under | ||||||
2 | the control of an adult or juvenile detention or | ||||||
3 | correctional institution, prison, or jail. | ||||||
4 | (7) Any building, real property, and parking area under | ||||||
5 | the control of a public or private hospital or hospital | ||||||
6 | affiliate, mental health facility, or nursing home. | ||||||
7 | (8) Any bus, train, or form of transportation paid for | ||||||
8 | in whole or in part with public funds, and any building, | ||||||
9 | real property, and parking area under the control of a | ||||||
10 | public transportation facility paid for in whole or in part | ||||||
11 | with public funds. | ||||||
12 | (9) Any building, real property, and parking area under | ||||||
13 | the control of an establishment that maintains a retail | ||||||
14 | liquor license as provided in subsection (d) of Section 5-1 | ||||||
15 | of the Liquor Control Act of 1934 and allows for the sale | ||||||
16 | and consumption of alcoholic beverages on its premises as | ||||||
17 | an on premise consumption retailer. serves alcohol on its | ||||||
18 | premises, if more than 50% of the establishment's gross | ||||||
19 | receipts within the prior 3 months is from the sale of | ||||||
20 | alcohol. The owner of an establishment who knowingly fails | ||||||
21 | to prohibit concealed firearms on its premises as provided | ||||||
22 | in this paragraph or who knowingly makes a false statement | ||||||
23 | or record to avoid the prohibition on concealed firearms | ||||||
24 | under this paragraph is subject to the penalty under | ||||||
25 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
26 | of 1934. |
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1 | (10) Any public gathering or special event conducted on | ||||||
2 | property open to the public that requires the issuance of a | ||||||
3 | permit from the unit of local government, provided this | ||||||
4 | prohibition shall not apply to a licensee who must walk | ||||||
5 | through a public gathering in order to access his or her | ||||||
6 | residence, place of business, or vehicle. | ||||||
7 | (11) Any building or real property that has been issued | ||||||
8 | a Special Event Retailer's license as defined in Section | ||||||
9 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
10 | designated for the sale of alcohol by the Special Event | ||||||
11 | Retailer's license, or a Special use permit license as | ||||||
12 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
13 | Control Act during the time designated for the sale of | ||||||
14 | alcohol by the Special use permit license. | ||||||
15 | (12) Any public playground. | ||||||
16 | (13) Any public park, athletic area, or athletic | ||||||
17 | facility under the control of a municipality or park | ||||||
18 | district, provided nothing in this Section shall prohibit a | ||||||
19 | licensee from carrying a concealed firearm while on a trail | ||||||
20 | or bikeway if only a portion of the trail or bikeway | ||||||
21 | includes a public park. | ||||||
22 | (14) Any real property under the control of the Cook | ||||||
23 | County Forest Preserve District. | ||||||
24 | (15) Any building, classroom, laboratory, medical | ||||||
25 | clinic, hospital, artistic venue, athletic venue, | ||||||
26 | entertainment venue, officially recognized |
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1 | university-related organization property, whether owned or | ||||||
2 | leased, and any real property, including parking areas, | ||||||
3 | sidewalks, and common areas under the control of a public | ||||||
4 | or private community college, college, or university. | ||||||
5 | (16) Any building, real property, or parking area under | ||||||
6 | the control of a gaming facility licensed under the | ||||||
7 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
8 | 1975, including an inter-track wagering location licensee. | ||||||
9 | (17) Any stadium, arena, or the real property or | ||||||
10 | parking area under the control of a stadium, arena, or any | ||||||
11 | collegiate or professional sporting event. | ||||||
12 | (18) Any building, real property, or parking area under | ||||||
13 | the control of a public library. | ||||||
14 | (19) Any building, real property, or parking area under | ||||||
15 | the control of an airport. | ||||||
16 | (20) Any building, real property, or parking area under | ||||||
17 | the control of an amusement park. | ||||||
18 | (21) Any building, real property, or parking area under | ||||||
19 | the control of a zoo or museum. | ||||||
20 | (22) Any street, driveway, parking area, property, | ||||||
21 | building, or facility, owned, leased, controlled, or used | ||||||
22 | by a nuclear energy, storage, weapons, or development site | ||||||
23 | or facility regulated by the federal Nuclear Regulatory | ||||||
24 | Commission. The licensee shall not under any circumstance | ||||||
25 | store a firearm or ammunition in his or her vehicle or in a | ||||||
26 | compartment or container within a vehicle located anywhere |
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1 | in or on the street, driveway, parking area, property, | ||||||
2 | building, or facility described in this paragraph. | ||||||
3 | (23) Any area where firearms are prohibited under | ||||||
4 | federal law. | ||||||
5 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
6 | private community college, college, or university from: | ||||||
7 | (1) prohibiting persons from carrying a firearm within | ||||||
8 | a vehicle owned, leased, or controlled by the college or | ||||||
9 | university; | ||||||
10 | (2) developing resolutions, regulations, or policies | ||||||
11 | regarding student, employee, or visitor misconduct and | ||||||
12 | discipline, including suspension and expulsion; | ||||||
13 | (3) developing resolutions, regulations, or policies | ||||||
14 | regarding the storage or maintenance of firearms, which | ||||||
15 | must include designated areas where persons can park | ||||||
16 | vehicles that carry firearms; and | ||||||
17 | (4) permitting the carrying or use of firearms for the | ||||||
18 | purpose of instruction and curriculum of officially | ||||||
19 | recognized programs, including but not limited to military | ||||||
20 | science and law enforcement training programs, or in any | ||||||
21 | designated area used for hunting purposes or target | ||||||
22 | shooting. | ||||||
23 | (a-10) The owner of private real property of any type may | ||||||
24 | prohibit the carrying of concealed firearms on the property | ||||||
25 | under his or her control. The owner must post a sign in | ||||||
26 | accordance with subsection (d) of this Section indicating that |
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1 | firearms are prohibited on the property, unless the property is | ||||||
2 | a private residence. | ||||||
3 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
4 | this Section except under paragraph (22) or (23) of subsection | ||||||
5 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
6 | into the parking area of a prohibited location specified in | ||||||
7 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
8 | permitted to carry a concealed firearm on or about his or her | ||||||
9 | person within a vehicle into the parking area and may store a | ||||||
10 | firearm or ammunition concealed in a case within a locked | ||||||
11 | vehicle or locked container out of plain view within the | ||||||
12 | vehicle in the parking area. A licensee may carry a concealed | ||||||
13 | firearm in the immediate area surrounding his or her vehicle | ||||||
14 | within a prohibited parking lot area only for the limited | ||||||
15 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
16 | trunk, provided the licensee ensures the concealed firearm is | ||||||
17 | unloaded prior to exiting the vehicle. For purposes of this | ||||||
18 | subsection, "case" includes a glove compartment or console that | ||||||
19 | completely encloses the concealed firearm or ammunition, the | ||||||
20 | trunk of the vehicle, or a firearm carrying box, shipping box, | ||||||
21 | or other container. | ||||||
22 | (c) A licensee shall not be in violation of this Section | ||||||
23 | while he or she is traveling along a public right of way that | ||||||
24 | touches or crosses any of the premises under subsection (a), | ||||||
25 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
26 | carried on his or her person in accordance with the provisions |
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1 | of this Act or is being transported in a vehicle by the | ||||||
2 | licensee in accordance with all other applicable provisions of | ||||||
3 | law. | ||||||
4 | (d) Signs stating that the carrying of firearms is | ||||||
5 | prohibited shall be clearly and conspicuously posted at the | ||||||
6 | entrance of a building, premises, or real property specified in | ||||||
7 | this Section as a prohibited area, unless the building or | ||||||
8 | premises is a private residence. Signs shall be of a uniform | ||||||
9 | design as established by the Department and shall be 4 inches | ||||||
10 | by 6 inches in size. The Department shall adopt rules for | ||||||
11 | standardized signs to be used under this subsection.
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12 | (Source: P.A. 98-63, eff. 7-9-13.)
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