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90_HB0155enr
235 ILCS 5/6-16 from Ch. 43, par. 131
Amends the Liquor Control Act of 1934. Provides that a
licensee shall not sell, give, or deliver or authorize the
sale, gift, or delivery of alcohol to a person under the age
of 21 years pursuant to a plan or action to investigate,
patrol, or otherwise conduct a sting operation or enforcement
action against a person employed by the licensee except in
cooperation with a law enforcement agency. Effective
immediately.
LRB9000378LDdv
HB0155 Enrolled LRB9000378LDdv
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-16 and adding Section 6-16.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-16 and adding Section 6-16.1 as follows:
7 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
8 Sec. 6-16. Prohibited sales and possession.
9 (a) No licensee nor any officer, associate, member,
10 representative, agent, or employee of such licensee shall
11 sell, give, or deliver alcoholic liquor to any person under
12 the age of 21 years or to any intoxicated person, except as
13 provided in Section 16.1. No person, after purchasing or
14 otherwise obtaining alcoholic liquor, shall sell, give or
15 deliver such alcoholic liquor to another person under the age
16 of 21 years, except in the performance of a religious
17 ceremony or service. Any person who violates the provisions
18 of this paragraph of this subsection (a) is guilty of a Class
19 A misdemeanor and the person's sentence shall include, but
20 shall not be limited to, a fine of not less than $500.
21 For the purpose of preventing the violation of this
22 section, any licensee, or his agent or employee, may refuse
23 to sell or serve alcoholic beverages to any person who is
24 unable to produce adequate written evidence of identity and
25 of the fact that he or she is over the age of 21 years.
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
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1 member of the Armed Forces. Proof that the
2 defendant-licensee, or his employee or agent, demanded, was
3 shown and reasonably relied upon such written evidence in any
4 transaction, forbidden by this Section is an affirmative
5 defense in any criminal prosecution therefor or to any
6 proceedings for the suspension or revocation of any license
7 based thereon. It shall not, however, be an affirmative
8 defense if the agent or employee accepted the written
9 evidence knowing it to be false or fraudulent. If a false or
10 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
HB0155 Enrolled -3- LRB9000378LDdv
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 which is
11 false, fraudulent, or not actually his own for the purpose of
12 ordering, purchasing, attempting to purchase or otherwise
13 procuring or attempting to procure, the serving of any
14 alcoholic beverage, or who has in his possession any false or
15 fraudulent written, printed, or photostatic evidence of age
16 and identity, is guilty of a Class B misdemeanor and the
17 person's sentence shall include, but shall not be limited to,
18 one of the following: (i) a fine of not less than $250, or
19 (ii) at least 25 hours of community service. If possible,
20 any community service shall be performed for an alcohol abuse
21 prevention program.
22 Any person under the age of 21 years who has any
23 alcoholic beverage in his possession on any street or highway
24 or in any public place or in any place open to the public is
25 guilty of a Class B misdemeanor. This Section does not apply
26 to possession by a person under the age of 21 years making a
27 delivery of an alcoholic beverage in pursuance of the order
28 of his or her parent or in pursuance of his or her
29 employment.
30 (a-1) It is unlawful for any parent or guardian to
31 permit his or her residence to be used by an invitee of the
32 parent's child or the guardian's ward, if the invitee is
33 under the age of 21, in a manner that constitutes a violation
34 of this Section. A parent or guardian is deemed to have
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1 permitted his or her residence to be used in violation of
2 this Section if he or she knowingly authorizes, enables, or
3 permits such use to occur by failing to control access to
4 either the residence or the alcoholic liquor maintained in
5 the residence. Any person who violates this subsection (a-1)
6 is guilty of a Class A misdemeanor and the person's sentence
7 shall include, but shall not be limited to, a fine of not
8 less than $500. Nothing in this subsection (a-1) shall be
9 construed to prohibit the giving of alcoholic liquor to a
10 person under the age of 21 years in the performance of a
11 religious ceremony or service.
12 (b) Except as otherwise provided in this Section whoever
13 violates this Section shall, in addition to other penalties
14 provided for in this Act, be guilty of a Class A misdemeanor.
15 (c) Any person shall be guilty of a Class A misdemeanor
16 where he or she knowingly permits a gathering at a residence
17 which he or she occupies of two or more persons where any one
18 or more of the persons is under 21 years of age and the
19 following factors also apply:
20 (1) the person occupying the residence knows that
21 any such person under the age of 21 is in possession of
22 or is consuming any alcoholic beverage; and
23 (2) the possession or consumption of the alcohol by
24 the person under 21 is not otherwise permitted by this
25 Act; and
26 (3) the person occupying the residence knows that
27 the person under the age of 21 leaves the residence in an
28 intoxicated condition.
29 For the purposes of this subsection (c) where the
30 residence has an owner and a tenant or lessee, there is a
31 rebuttable presumption that the residence is occupied only by
32 the tenant or lessee.
33 (d) Any person who rents a hotel or motel room from the
34 proprietor or agent thereof for the purpose of or with the
HB0155 Enrolled -5- LRB9000378LDdv
1 knowledge that such room shall be used for the consumption of
2 alcoholic liquor by persons under the age of 21 years shall
3 be guilty of a Class A misdemeanor.
4 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
5 1-1-96.)
6 (235 ILCS 5/6-16.1 new)
7 Sec. 6-16.1. Enforcement actions. A licensee or an
8 officer, associate, member, representative, agent, or
9 employee of a licensee may sell, give, or deliver alcoholic
10 liquor to a person under the age of 21 years or authorize the
11 sale, gift, or delivery of alcoholic liquor to a person under
12 the age of 21 years pursuant to a plan or action to
13 investigate, patrol, or otherwise conduct a "sting operation"
14 or enforcement action against a person employed by the
15 licensee or on any licensed premises if the licensee or
16 officer, associate, member, representative, agent, or
17 employee of the licensee provides written notice, at least 14
18 days before the "sting operation" or enforcement action,
19 unless governing body of the municipality or county having
20 jurisdiction sets a shorter period by ordinance, to the law
21 enforcement agency having jurisdiction, the local liquor
22 control commissioner, or both. Notice provided under this
23 Section shall be valid for a "sting operation" or enforcement
24 action conducted within 60 days of the provision of that
25 notice, unless the governing body of the municipality or
26 county having jurisdiction sets a shorter period by
27 ordinance.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.