93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4170


 
Introduced 1/22/2004, by Ralph C. Capparelli
 
SYNOPSIS AS INTRODUCED:
 		













235 ILCS 5/6-16.1









    Amends the Liquor Control Act of 1934.  Makes a technical change in a Section
concerning enforcement actions.



















LRB093 18388 LRD 44096 b




















 


 


A BILL FOR









 














HB4170

LRB093 18388 LRD 44096 b









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    AN ACT in relation to alcoholic liquor. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Liquor Control Act of 1934 is amended by 
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changing Section
6-16.1 as follows:


 
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    (235 ILCS 5/6-16.1)

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    Sec. 6-16.1. Enforcement actions.


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    (a) A licensee or an officer, associate, member, 
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representative, agent, or
employee of a licensee may sell, 
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give, or
deliver alcoholic liquor to a person under the age of

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21 years of age
or authorize the
sale, gift, or delivery of 
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alcoholic liquor to a person under the age of 21
years of age

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pursuant to a plan or action to investigate, patrol, or

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otherwise conduct
a "sting operation" or enforcement action 
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against a person employed by the
licensee or on any licensed 
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premises if the licensee or officer, associate,
member, 
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representative, agent, or employee of the licensee provides 
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written
notice, at least 14 days before the "sting operation" 
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or enforcement action,
unless governing body of the 
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municipality or county having jurisdiction sets a
shorter 
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period by ordinance, to the law enforcement agency having 
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jurisdiction,
the local liquor control commissioner, or both.  
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Notice provided under this
Section shall be valid for a "sting 
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operation" or enforcement action conducted
within 60 days of 
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the provision of that notice, unless the governing body of
the 
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municipality or county having jurisdiction sets a shorter 
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period by
ordinance.


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    (b) A local liquor control commission or unit of local 
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government that
conducts alcohol and tobacco compliance 
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operations shall establish a policy and
standards for alcohol 
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and tobacco compliance operations to investigate whether
a 
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licensee is furnishing (1) alcoholic liquor to persons under 21 
 


 









HB4170
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LRB093 18388 LRD 44096 b







1
years of age
in violation of this Act or (2) tobacco to persons 
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in violation of the Sale of
Tobacco to Minors Act.


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    (c) The Illinois Law Enforcement Training Standards Board 
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shall
develop a model policy and guidelines for the operation 
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of alcohol and tobacco
compliance checks by local law 
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enforcement officers.  The Illinois Law
Enforcement Training 
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Standards Board shall also require the supervising
officers of 
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such compliance checks to have met a minimum training standard 
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as
determined by the Board.  The Board shall have the right to 
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waive any training
based on current written policies and 
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procedures for alcohol and tobacco
compliance check operations 
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and in-service training already administered by
the local law 
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enforcement agency, department, or office.


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    (d) The provisions of subsections (b) and (c) do not apply 
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to a home rule
unit with more than 2,000,000 inhabitants.


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    (e) A home rule unit, other than a home rule unit with more 
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than 2,000,000
inhabitants, may not regulate enforcement 
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actions in a manner inconsistent with
the regulation of 
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enforcement actions under this Section.  This subsection (e)
is 
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a limitation under subsection (i) of Section 6 of Article VII 
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of the
Illinois Constitution on the concurrent exercise by home 
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rule units
of powers and functions
exercised by the State.


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(Source: P.A. 92-503, eff. 1-1-02.)