(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member, representative,
agent, or employee of such licensee shall sell, give, or deliver alcoholic
liquor to any person under the age of 21 years or to any intoxicated person,
except as provided in Section 6-16.1.
(ii) No express company, common carrier, or contract carrier nor any
representative, agent, or employee on behalf of an express company, common
carrier, or contract carrier that carries or transports alcoholic liquor for
delivery within this State shall knowingly give or knowingly deliver to a
residential address any shipping container clearly labeled as containing
alcoholic liquor and labeled as requiring signature of an adult of at least 21
years of age to any person in this State under the age of 21 years. An express
company, common carrier, or contract carrier that carries or transports such
alcoholic liquor for delivery within this State shall obtain a signature at
the time of delivery acknowledging receipt of the alcoholic liquor by an adult
who is at least 21 years of age. At no time while delivering alcoholic
beverages within this State may any representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State deliver the
alcoholic liquor to a residential address without the acknowledgment of the
consignee and without first obtaining a signature at the time of the delivery
by an adult who is at least 21 years of age. A signature of a person on file
with the express company, common carrier, or contract carrier does
not constitute acknowledgement of the consignee. Any express company, common
carrier, or contract carrier that transports alcoholic liquor for delivery
within this State that violates this
item (ii) of this subsection (a) by delivering alcoholic liquor without the
acknowledgement of the consignee and without first obtaining a signature at the
time of the delivery by an adult who is at least 21 years of age is guilty of a
business offense for which the express company, common carrier, or contract
carrier that transports alcoholic liquor within this State shall be fined not
more than $1,001 for a
first offense, not more than $5,000 for a second offense, and not more than
$10,000 for a third or subsequent offense. An express company, common carrier,
or contract carrier shall be held vicariously liable for the actions of its
representatives, agents, or employees. For purposes of this Act, in addition
to other methods authorized by law, an express company, common carrier, or
contract carrier shall be considered served with process when a
representative, agent, or employee alleged to have violated this Act is
personally served. Each shipment of alcoholic liquor delivered in violation
of this item (ii) of this subsection (a) constitutes a separate offense.
(iii) No person, after purchasing or otherwise obtaining alcoholic liquor,
shall sell, give, or deliver such alcoholic liquor to another person under the
age of 21 years, except in the performance of a religious ceremony or service.
Except as otherwise provided in item (ii), any express company, common carrier,
or contract carrier that transports alcoholic liquor within this State that
violates the provisions of item (i), (ii), or (iii) of this paragraph of this
subsection (a) is guilty of a Class A misdemeanor and the sentence shall
include, but shall not be limited to, a fine of not less than $500. Any
person
who violates the provisions of item (iii) of this paragraph of this subsection
(a)
is guilty of a Class A misdemeanor and the sentence shall include, but shall
not be limited to a fine of not less than $500 for a first offense and not less
than
$2,000 for a second or subsequent offense. Any person who knowingly violates
the
provisions of item (iii) of this paragraph of this subsection (a) is guilty of
a
Class 4 felony if a death occurs as the result of the violation.
If a licensee or officer, associate, member, representative, agent, or
employee of the licensee, or a representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for
delivery within this State, is prosecuted under this paragraph of this
subsection
(a) for selling, giving, or delivering alcoholic liquor to a person under the
age of 21 years, the person under 21 years of age who attempted to buy or
receive the alcoholic liquor may be prosecuted pursuant to Section 6-20 of this
Act, unless the person under 21 years of age was acting under the authority of
a law enforcement agency, the Illinois Liquor Control Commission, or a local
liquor control commissioner pursuant to a plan or action to investigate,
patrol, or conduct any similar enforcement action.
For the purpose of preventing the violation of this Section, any licensee,
or his agent or employee, or a representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for
delivery within this State, shall refuse to sell, deliver, or serve
alcoholic
beverages to any person who is unable to produce adequate written evidence of
identity and of the fact that he or she is over the age of 21 years, if
requested by the licensee, agent, employee, or representative.
Adequate written evidence of age and identity of the person is a
document issued by a federal, state, county, or municipal government, or
subdivision or agency thereof, including, but not limited to, a motor
vehicle operator's license, a registration certificate issued under the
Federal Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the defendant-licensee, or his
employee or agent, or the representative, agent, or employee of the express
company, common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State demanded, was shown and
reasonably relied upon such
written evidence in any transaction forbidden by this Section is an
affirmative defense in any criminal prosecution therefor or to any
proceedings for the suspension or revocation of any license based thereon.
It shall not, however, be an affirmative defense if the agent or employee
accepted the written evidence knowing it to be false or fraudulent.
If a false or fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21 years of age to a
licensee or the licensee's agent or employee for the purpose of ordering,
purchasing, attempting to purchase, or otherwise obtaining or attempting to
obtain the serving of any alcoholic beverage, the law enforcement officer
or agency investigating the incident shall, upon the conviction of the
person who presented the fraudulent license or identification, make a
report of the matter to the Secretary of State on a form provided by the
Secretary of State.
However, no agent or employee of the licensee or employee of an express
company, common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State shall be
disciplined or
discharged for selling or furnishing liquor to a person under 21 years of
age if the agent or employee demanded and was shown, before furnishing
liquor to a person under 21 years of age, adequate written evidence of age
and identity of the person issued by a federal, state, county or municipal
government, or subdivision or agency thereof, including but not limited to
a motor vehicle operator's license, a registration certificate issued under
the Federal Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall not apply if the
agent or employee accepted the written evidence knowing it to be false or
fraudulent.
Any person who sells, gives, or furnishes to any person under the age of
21 years any false or fraudulent written, printed, or photostatic evidence
of the age and identity of such person or who sells, gives or furnishes to
any person under the age of 21 years evidence of age and identification of
any other person is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not less than $500.
Any person under the age of 21 years who presents or offers to any licensee,
his agent or employee, any written, printed or photostatic evidence of age and
identity that is false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic beverage,
who falsely states in writing that he or she is at least 21 years of age when
receiving alcoholic liquor from a representative, agent, or employee of an
express company, common carrier, or contract carrier,
or who has in
his or her possession any false or fraudulent written, printed, or photostatic
evidence of age and identity, is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to, the following:
a fine of not less than $500 and at least 25 hours of community service. If
possible, any community service shall be performed for an alcohol abuse
prevention program.
Any person under the age of 21 years who has any alcoholic beverage in his
or her possession on any street or highway or in any public place or in any
place open to the public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years making a delivery
of an alcoholic beverage in pursuance of the order of his or her parent or in
pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to knowingly permit his or her
residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's
ward, if the invitee is under the age of 21, in a manner that constitutes a
violation of this Section. A parent or guardian is deemed to have knowingly permitted
his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she
knowingly authorizes or permits consumption of alcoholic liquor by underage invitees. Any person who violates this subsection (a-1) is guilty of a
Class A misdemeanor and the person's sentence shall include, but shall not be
limited to, a fine of not less than $500. Where a violation of this subsection (a-1) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection shall be guilty of a Class 4 felony. Nothing in this subsection (a-1)
shall be construed to prohibit the giving of alcoholic liquor to a person under
the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.
For the purposes of this subsection (a-1) where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee. (b) Except as otherwise provided in this Section whoever violates
this Section shall, in addition to other penalties provided for in this
Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor where he or she
knowingly authorizes or permits a residence which he or she occupies to be used by an invitee under 21
years of age and:
(1) the person occupying the residence knows that any |