093_HB1116eng

 
HB1116 Engrossed                     LRB093 04621 LRD 06978 b

 1        AN ACT in relation to alcoholic liquor.

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

 4        Section  5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-16 as follows:

 6        (235 ILCS 5/6-16) (from Ch. 43, par. 131)
 7        Sec. 6-16.  Prohibited sales and possession.
 8        (a) (i)  No licensee nor any officer, associate,  member,
 9    representative,  agent,  or  employee  of such licensee shall
10    sell, give, or deliver alcoholic liquor to any  person  under
11    the  age  of 21 years or to any intoxicated person, except as
12    provided in Section 6-16.1.  (ii) No express company,  common
13    carrier,  or  contract carrier nor any representative, agent,
14    or employee on behalf of an express company, common  carrier,
15    or  contract  carrier  that  carries  or transports alcoholic
16    liquor for delivery within this State shall knowingly give or
17    knowingly deliver  to  a  residential  address  any  shipping
18    container  clearly labeled as containing alcoholic liquor and
19    labeled as requiring signature of an adult  of  at  least  21
20    years  of age to any person in this State under the age of 21
21    years.  An  express  company,  common  carrier,  or  contract
22    carrier  that carries or transports such alcoholic liquor for
23    delivery within this State shall obtain a  signature  at  the
24    time  of  delivery  acknowledging  receipt  of  the alcoholic
25    liquor by an adult who is at least 21 years of  age.   At  no
26    time  while  delivering alcoholic beverages within this State
27    may any representative, agent,  or  employee  of  an  express
28    company,  common carrier, or contract carrier that carries or
29    transports alcoholic liquor for delivery  within  this  State
30    deliver the alcoholic liquor to a residential address without
31    the   acknowledgment  of  the  consignee  and  without  first
 
HB1116 Engrossed            -2-      LRB093 04621 LRD 06978 b
 1    obtaining a signature at the time of the delivery by an adult
 2    who is at least 21 years of age.  A signature of a person  on
 3    file  with  the  express company, common carrier, or contract
 4    carrier does not constitute acknowledgement of the consignee.
 5    Any express company, common carrier, or contract carrier that
 6    transports alcoholic liquor for delivery  within  this  State
 7    that  violates  this  item  (ii)  of  this  subsection (a) by
 8    delivering alcoholic liquor without  the  acknowledgement  of
 9    the  consignee and without first obtaining a signature at the
10    time of the delivery by an adult who is at least 21 years  of
11    age  is  guilty  of  a business offense for which the express
12    company, common carrier, or contract carrier that  transports
13    alcoholic  liquor  within  this State shall be fined not more
14    than $1,001 for a first offense, not more than $5,000  for  a
15    second  offense,  and  not  more  than $10,000 for a third or
16    subsequent offense.  An express company, common  carrier,  or
17    contract  carrier  shall  be  held vicariously liable for the
18    actions of its representatives, agents,  or  employees.   For
19    purposes of this Act, in addition to other methods authorized
20    by  law,  an  express  company,  common  carrier, or contract
21    carrier shall  be  considered  served  with  process  when  a
22    representative,  agent,  or employee alleged to have violated
23    this Act is personally served.  Each  shipment  of  alcoholic
24    liquor  delivered  in  violation  of  this  item (ii) of this
25    subsection (a) constitutes a  separate  offense.    (iii)  No
26    person,  after  purchasing  or  otherwise obtaining alcoholic
27    liquor, shall sell, give, or deliver such alcoholic liquor to
28    another person under the age  of  21  years,  except  in  the
29    performance  of  a  religious ceremony or service.  Except as
30    otherwise provided in item (ii), any express company,  common
31    carrier, or contract carrier that transports alcoholic liquor
32    within  this  State that violates the provisions of item (i),
33    (ii), or (iii) of this paragraph of this  subsection  (a)  is
34    guilty  of  a  Class  A  misdemeanor  and  the sentence shall
 
HB1116 Engrossed            -3-      LRB093 04621 LRD 06978 b
 1    include, but shall not be limited to, a fine of not less than
 2    $500. Any person who violates the provisions of item (iii) of
 3    this paragraph of this subsection (a) is guilty of a Class  A
 4    misdemeanor  and the sentence shall include, but shall not be
 5    limited to a fine of not less than $500 for a  first  offense
 6    and  not less than $2,000 for a second or subsequent offense.
 7    Any person who knowingly  violates  the  provisions  of  item
 8    (iii) of this paragraph of this subsection (a) is guilty of a
 9    Class  4  felony  if  a  death  occurs  as  the result of the
10    violation.
11        If   a   licensee   or   officer,   associate,    member,
12    representative,  agent,  or  employee  of  the licensee, or a
13    representative, agent, or employee  of  an  express  company,
14    common   carrier,   or   contract  carrier  that  carries  or
15    transports alcoholic liquor for delivery within  this  State,
16    is prosecuted under this paragraph of this subsection (a) for
17    selling,  giving,  or delivering alcoholic liquor to a person
18    under the age of 21 years, the person under 21 years  of  age
19    who  attempted  to buy or receive the alcoholic liquor may be
20    prosecuted pursuant to Section 6-20 of this Act,  unless  the
21    person  under  21 years of age was acting under the authority
22    of a law enforcement  agency,  the  Illinois  Liquor  Control
23    Commission,  or  a local liquor control commissioner pursuant
24    to a plan or action to investigate, patrol,  or  conduct  any
25    similar enforcement action.
26        For  the  purpose  of  preventing  the  violation of this
27    Section, any  licensee,  or  his  agent  or  employee,  or  a
28    representative,  agent,  or  employee  of an express company,
29    common  carrier,  or  contract  carrier   that   carries   or
30    transports  alcoholic  liquor for delivery within this State,
31    shall refuse to sell, deliver, or serve  alcoholic  beverages
32    to  any  person  who  is  unable  to produce adequate written
33    evidence of identity and of the fact that he or she  is  over
34    the  age  of  21  years, if requested by the licensee, agent,
 
HB1116 Engrossed            -4-      LRB093 04621 LRD 06978 b
 1    employee, or representative.
 2        Adequate written evidence of  age  and  identity  of  the
 3    person  is  a document issued by a federal, state, county, or
 4    municipal  government,  or  subdivision  or  agency  thereof,
 5    including, but not limited to,  a  motor  vehicle  operator's
 6    license,  a registration certificate issued under the Federal
 7    Selective Service Act, or an identification card issued to  a
 8    member    of    the    Armed    Forces.    Proof   that   the
 9    defendant-licensee,  or  his  employee  or  agent,   or   the
10    representative,  agent,  or  employee of the express company,
11    common  carrier,  or  contract  carrier   that   carries   or
12    transports  alcoholic  liquor  for delivery within this State
13    demanded, was shown and reasonably relied upon  such  written
14    evidence  in  any transaction forbidden by this Section is an
15    affirmative defense in any criminal prosecution  therefor  or
16    to  any  proceedings  for the suspension or revocation of any
17    license  based  thereon.  It  shall  not,  however,   be   an
18    affirmative  defense  if  the  agent or employee accepted the
19    written evidence knowing it to be false or fraudulent.  If  a
20    false  or  fraudulent  Illinois  driver's license or Illinois
21    identification card is presented by a  person  less  than  21
22    years  of  age  to  a  licensee  or  the  licensee's agent or
23    employee for the purpose of ordering, purchasing,  attempting
24    to  purchase,  or otherwise obtaining or attempting to obtain
25    the serving of any alcoholic beverage,  the  law  enforcement
26    officer  or agency investigating the incident shall, upon the
27    conviction of the person who presented the fraudulent license
28    or identification,  make  a  report  of  the  matter  to  the
29    Secretary  of  State  on  a form provided by the Secretary of
30    State.
31        However, no agent or employee of the licensee or employee
32    of an express company, common carrier,  or  contract  carrier
33    that  carries  or  transports  alcoholic  liquor for delivery
34    within this State shall  be  disciplined  or  discharged  for
 
HB1116 Engrossed            -5-      LRB093 04621 LRD 06978 b
 1    selling  or  furnishing  liquor to a person under 21 years of
 2    age if the agent or employee demanded and was  shown,  before
 3    furnishing liquor to a person under 21 years of age, adequate
 4    written  evidence of age and identity of the person issued by
 5    a  federal,  state,  county  or  municipal   government,   or
 6    subdivision or agency thereof, including but not limited to a
 7    motor  vehicle operator's license, a registration certificate
 8    issued  under  the  Federal  Selective  Service  Act,  or  an
 9    identification card issued to a member of the  Armed  Forces.
10    This  paragraph,  however,  shall  not  apply if the agent or
11    employee accepted the written evidence knowing it to be false
12    or fraudulent.
13        Any person who sells, gives, or furnishes to  any  person
14    under  the  age  of 21 years any false or fraudulent written,
15    printed, or photostatic evidence of the age and  identity  of
16    such  person  or  who sells, gives or furnishes to any person
17    under the age of 21 years evidence of age and  identification
18    of  any  other  person is guilty of a Class A misdemeanor and
19    the person's sentence shall include, but shall not be limited
20    to, a fine of not less than $500.
21        Any person under the age of  21  years  who  presents  or
22    offers  to  any licensee, his agent or employee, any written,
23    printed or photostatic evidence of age and identity  that  is
24    false,  fraudulent,  or  not  actually his or her own for the
25    purpose of ordering, purchasing, attempting  to  purchase  or
26    otherwise  procuring or attempting to procure, the serving of
27    any alcoholic beverage, who falsely states in writing that he
28    or she is at least 21 years of age when  receiving  alcoholic
29    liquor  from  a  representative,  agent,  or  employee  of an
30    express company, common carrier, or contract carrier, or  who
31    has in his or her possession any false or fraudulent written,
32    printed,  or  photostatic  evidence  of  age and identity, is
33    guilty of a Class A misdemeanor  and  the  person's  sentence
34    shall  include, but shall not be limited to, the following: a
 
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 1    fine of not less than $500 and at least 25 hours of community
 2    service.   If  possible,  any  community  service  shall   be
 3    performed for an alcohol abuse prevention program.
 4        Any  person  under  the  age  of  21  years  who  has any
 5    alcoholic beverage in his or her possession on any street  or
 6    highway  or  in  any public place or in any place open to the
 7    public is guilty of a Class A misdemeanor.  This Section does
 8    not apply to possession by a person under the age of 21 years
 9    making a delivery of an alcoholic beverage  in  pursuance  of
10    the  order of his or her parent or in pursuance of his or her
11    employment.
12        (a-1)  It is unlawful  for  any  parent  or  guardian  to
13    permit  his  or her residence to be used by an invitee of the
14    parent's child or the guardian's  ward,  if  the  invitee  is
15    under the age of 21, in a manner that constitutes a violation
16    of  this  Section.   A  parent  or guardian is deemed to have
17    permitted his or her residence to be  used  in  violation  of
18    this  Section  if he or she knowingly authorizes, enables, or
19    permits such use to occur by failing  to  control  access  to
20    either  the  residence  or the alcoholic liquor maintained in
21    the residence.  Any person who violates this subsection (a-1)
22    is guilty of a Class A misdemeanor and the person's  sentence
23    shall  include,  but  shall  not be limited to, a fine of not
24    less than $500.  Nothing in this subsection  (a-1)  shall  be
25    construed  to  prohibit  the  giving of alcoholic liquor to a
26    person under the age of 21 years  in  the  performance  of  a
27    religious ceremony or service.
28        (b)  Except as otherwise provided in this Section whoever
29    violates  this  Section shall, in addition to other penalties
30    provided for in this Act, be guilty of a Class A misdemeanor.
31        (c)  Any person shall be guilty of a Class A  misdemeanor
32    where  he or she knowingly permits a gathering at a residence
33    which he or she occupies of two or more persons where any one
34    or more of the persons is under  21  years  of  age  and  the
 
HB1116 Engrossed            -7-      LRB093 04621 LRD 06978 b
 1    following factors also apply:
 2             (1)  the  person  occupying the residence knows that
 3        any such person under the age of 21 is in  possession  of
 4        or is consuming any alcoholic beverage; and
 5             (2)  the possession or consumption of the alcohol by
 6        the  person  under  21 is not otherwise permitted by this
 7        Act; and
 8             (3)  the person occupying the residence  knows  that
 9        the person under the age of 21 leaves the residence in an
10        intoxicated condition.
11        For  the  purposes  of  this  subsection  (c)  where  the
12    residence  has  an  owner  and a tenant or lessee, there is a
13    rebuttable presumption that the residence is occupied only by
14    the tenant or lessee.
15        (d)  Any person who rents a hotel or motel room from  the
16    proprietor  or  agent  thereof for the purpose of or with the
17    knowledge that such room shall be used for the consumption of
18    alcoholic liquor by persons under the age of 21  years  shall
19    be guilty of a Class A misdemeanor.
20        (e)  Except as otherwise provided in this Act, any person
21    who  has  alcoholic liquor in his or her possession on public
22    school district property on  school  days  or  at  events  on
23    public  school district property when children are present is
24    guilty of a petty offense, unless the alcoholic liquor (i) is
25    in the original container with the seal unbroken  and  is  in
26    the  possession  of  a  person  who  is not otherwise legally
27    prohibited from possessing the alcoholic liquor or (ii) is in
28    the possession of a person in or for  the  performance  of  a
29    religious service or ceremony authorized by the school board.
30        (f)  (Blank).
31    (Source:  P.A.  92-380,  eff.  1-1-02;  92-503,  eff. 1-1-02;
32    92-507, eff.  1-1-02;  92-651,  eff.  7-11-02;  92-687,  eff.
33    1-103.)