Full Text of HB0844 94th General Assembly
HB0844 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0844
Introduced 2/2/2005, by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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Amends the Liquor Control Act of 1934. Prohibits 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 (now a municipality or county may prohibit this) and prohibits persons under 21 years of age from entering licensed premises. Provides that the provisions 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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0844 |
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LRB094 07311 LJB 37469 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 | 5 |
| changing Section 6-16.2 as follows:
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| (235 ILCS 5/6-16.2)
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| Sec. 6-16.2. Prohibited entry to a licensed premises. It is | 8 |
| unlawful for a licensee or any officer, associate, member, | 9 |
| representative, agent, or employee of a licensee to knowingly | 10 |
| permit
A municipality or
county may prohibit a licensee or any | 11 |
| officer, associate, member,
representative, agent, or employee | 12 |
| of a licensee from permitting a person under
the age of 21 | 13 |
| years to enter and remain in that portion of a licensed | 14 |
| premises
that sells, gives, or delivers alcoholic liquor for | 15 |
| consumption on the
premises. It is unlawful for any person who | 16 |
| is under 21 years of age to knowingly enter and remain in that | 17 |
| portion of a licensed premises in which alcoholic liquor is | 18 |
| sold, given, or delivered for consumption on the premises. No | 19 |
| prohibition under this Section, however, shall apply to any
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| licensed
premises, such as without limitation a restaurant or | 21 |
| food shop, where
selling, giving, or delivering alcoholic | 22 |
| liquor is not the principal business
of the licensee at those | 23 |
| premises.
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| This Section does not prohibit the presence of any person | 25 |
| who is at least 18 years of age in a licensed premises under | 26 |
| the following circumstances: | 27 |
| (1) if the person is accompanied by a parent, spouse, | 28 |
| or legal guardian who is at least 21 years of age, except | 29 |
| between the hours of 10:00 P.M. and 8:00 A.M.; | 30 |
| (2) if the person is a law enforcement officer or | 31 |
| security guard who is entering the premises in the | 32 |
| performance of his or her official duties; |
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HB0844 |
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LRB094 07311 LJB 37469 b |
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| (3) if the person is an employee whose duties include | 2 |
| serving alcoholic liquor to the customers of the | 3 |
| establishment;
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| (4) if the person is involved in the transporting or | 5 |
| providing of any goods or services to the establishment; or | 6 |
| (5) if the establishment is a restaurant and the | 7 |
| primary business of the establishment consists of the sale | 8 |
| of food and the sale of alcohol is incidental to the sale | 9 |
| of food. | 10 |
| In those instances where a person under the age of 21 years | 11 |
| is prohibited
from entering and remaining on the premises, | 12 |
| proof that the defendant-licensee,
or his or her employee or | 13 |
| agent, demanded, was shown, and reasonably relied upon
adequate | 14 |
| written evidence for purposes of entering and remaining on the
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| licensed
premises is an affirmative defense in any criminal | 16 |
| prosecution therefor or to
any proceedings for the suspension | 17 |
| or revocation of any license based thereon.
It shall not, | 18 |
| however, be an affirmative defense if the defendant-licensee
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| defendant-license , or
his agent or employee, accepted
the | 20 |
| written evidence knowing it to be false or fraudulent.
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| Adequate written evidence of age and identity of the person | 22 |
| is a document
issued by a federal, state, county, or municipal | 23 |
| government, or subdivision or
agency thereof, including, but | 24 |
| not limited to, a motor vehicle operator's
license, a | 25 |
| registration certificate issued under the Federal Selective | 26 |
| Service
Act, or an identification card issued to a member of | 27 |
| the armed forces.
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| If a false or
fraudulent Illinois driver's license or | 29 |
| Illinois identification card is
presented by a person less than | 30 |
| 21 years of age to a licensee or the licensee's
agent or | 31 |
| employee for the purpose of obtaining entry and remaining on a
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| licensed premises, the law enforcement officer or agency | 33 |
| investigating the
incident shall, upon the conviction of the | 34 |
| person who presented the fraudulent
license or identification, | 35 |
| make a report of the matter to the Secretary of
State on a form | 36 |
| provided by the Secretary of State.
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HB0844 |
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LRB094 07311 LJB 37469 b |
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| If any person under the age of 21 violates the provisions | 2 |
| of this Section, he or she is guilty of a Class A misdemeanor | 3 |
| and the sentence shall include, but shall not be limited to, a | 4 |
| fine of not less than $500. If any licensee violates the | 5 |
| provisions of this Section, he or she is guilty of a Class A | 6 |
| misdemeanor and the sentence shall include, but shall not be | 7 |
| limited to, a fine of not less than $500 for a first offense | 8 |
| and not less than $2,000 for a second or subsequent offense, | 9 |
| and the violation shall be grounds for suspension or revocation | 10 |
| of the licensee's license as provided under this Act. If any | 11 |
| person knowingly violates the provisions of this Section, he or | 12 |
| she is guilty of a Class 4 felony if a death occurs as the | 13 |
| result of the violation.
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| (Source: P.A. 90-617, eff. 7-10-98; revised 1-14-04.)
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