HB5079 93RD GENERAL ASSEMBLY

LRB093 16009 LRD 41633 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5079

Introduced 02/05/04, by Paul D. Froehlich, John A. Fritchey, David E. Miller, Sidney H. Mathias, Rosemary Kurtz

SYNOPSIS AS INTRODUCED:

235 ILCS 5/6-16.2

Amends the Liquor Control Act of 1934. Provides that the provisions that prohibit a licensee from permitting a person who is under 21 years of age to enter and remain in the portion of the licensee's premises where alcoholic liquor is sold, given, or delivered and the provisions that prohibit persons under 21 years of age from entering licensed premises do not apply to persons who are at least 18 years of age under certain circumstances. Provides that a violation of those provisions by a person under 21 years of age or by a licensee is a Class A misdemeanor or, if a death occurs as a result of the violation, a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to alcoholic liquor.

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

Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-16.2 as follows:

(235 ILCS 5/6-16.2)

Sec. 6-16.2. Prohibited entry to a licensed premises. It is unlawful for a licensee or any officer, associate, member, representative, agent, or employee of a licensee to knowingly permit A municipality or county may prohibit a licensee or any officer, associate, member, representative, agent, or employee of a licensee from permitting a person under the age of 21 years to enter and remain in that portion of a licensed premises that sells, gives, or delivers alcoholic liquor for consumption on the premises. It is unlawful for any person who is under 21 years of age to knowingly enter and remain in that portion of a licensed premises in which alcoholic liquor is sold, given, or delivered for consumption on the premises. No prohibition under this Section, however, shall apply to any licensed premises, such as without limitation a restaurant or food shop, where selling, giving, or delivering alcoholic liquor is not the principal business of the licensee at those premises.

This Section does not prohibit the presence of any person who is at least 18 years of age in a licensed premises under the following circumstances:

(1) If the person is accompanied by a parent, spouse, or legal guardian who is at least 21 years of age, except between the hours of 10:00 P.M. and 8:00 A.M.;

(2) If the person is a law enforcement officer or security guard who is entering the premises in the performance of his or her official duties;

(3) If the person is involved in the transporting or providing of any goods or services to the establishment; or

(4) If the establishment is a restaurant and the primary business of the establishment consists of the sale of food and the sale of alcohol is incidental to the sale of food.

In those instances where a person under the age of 21 years is prohibited from entering and remaining on the premises, proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and reasonably relied upon adequate written evidence for purposes of entering and remaining on the licensed premises 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 defendant-licensee defendant-license, or his agent or employee, accepted the written evidence knowing it to be false or fraudulent.

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.

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 obtaining entry and remaining on a licensed premises, 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.

If any person under the age of 21 violates the provisions of this Section, he or she 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. If any licensee violates the provisions of this Section, he or she 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, and the violation shall be grounds for suspension or revocation of the licensee's license as provided under this Act. If any person knowingly violates the provisions of this Section, he or she is guilty of a Class 4 felony if a death occurs as the result of the violation.

(Source: P.A. 90-617, eff. 7-10-98.)