Full Text of HB4745 98th General Assembly
HB4745 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4745 Introduced , by Rep. Carol A. Sente SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/6-16 | from Ch. 43, par. 131 |
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Amends the Liquor Control Act of 1934. Makes changes in provisions that prohibit the sale or furnishing of alcohol to, and the possession of alcohol by, persons under the age of 21. Provides that it is unlawful for any person (instead of parent or guardian) to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, watercraft, or conveyance (instead of residence or any other private property under his or her control) to be used by an invitee (instead of an invitee of the parent's child or the guardian's ward) under the age of 21 in a manner that violates the prohibition. Provides that if a residence or other property has an owner and a tenant or lessee, there is a rebuttable presumption that the tenant or lessee is the only occupant. Provides that a person does not violate the provision if (1) that person requests police assistance with terminating the activity or removing an invitee under the age of 21, and (2) that person requests police assistance before any other person makes a formal complaint to the police about the activity. Deletes a separate provision that makes it a crime for any person to knowingly permit his or her residence to be used by an invitee under the age of 21 in a manner that violates the prohibition.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 sell, | 10 | | give, or deliver alcoholic
liquor to any person under the age | 11 | | of 21 years or to any intoxicated person,
except as provided in | 12 | | Section 6-16.1.
(ii) No express company, common carrier, or | 13 | | contract carrier nor any
representative, agent, or employee on | 14 | | behalf of an express company, common
carrier, or contract | 15 | | carrier that carries or transports alcoholic liquor for
| 16 | | delivery within this State shall knowingly give or knowingly | 17 | | deliver to a
residential address any shipping container clearly | 18 | | labeled as containing
alcoholic liquor and labeled as requiring | 19 | | signature of an adult of at least 21
years of age to any person | 20 | | in this State under the age of 21 years. An express
company, | 21 | | common carrier, or contract carrier that carries or transports | 22 | | such
alcoholic liquor for delivery within this State shall | 23 | | obtain a signature at
the time of delivery acknowledging |
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| 1 | | receipt of the alcoholic liquor by an adult
who is at least 21 | 2 | | years of age. At no time while delivering alcoholic
beverages | 3 | | within this State may any representative, agent, or employee of | 4 | | an
express company, common carrier, or contract carrier that | 5 | | carries or
transports alcoholic liquor for delivery within this | 6 | | State deliver the
alcoholic liquor to a residential address | 7 | | without the acknowledgment of the
consignee and without first | 8 | | obtaining a signature at the time of the delivery
by an adult | 9 | | who is at least 21 years of age. A signature of a person on file
| 10 | | with the express company, common carrier, or contract carrier | 11 | | does
not constitute acknowledgement of the consignee. Any | 12 | | express company, common
carrier, or contract carrier that | 13 | | transports alcoholic liquor for delivery
within this State that | 14 | | violates this
item (ii) of this subsection (a) by delivering | 15 | | alcoholic liquor without the
acknowledgement of the consignee | 16 | | and without first obtaining a signature at the
time of the | 17 | | delivery by an adult who is at least 21 years of age is guilty | 18 | | of a
business offense for which the express company, common | 19 | | carrier, or contract
carrier that transports alcoholic liquor | 20 | | within this State shall be fined not
more than $1,001 for a
| 21 | | first offense, not more than $5,000 for a second offense, and | 22 | | not more than
$10,000 for a third or subsequent offense. An | 23 | | express company, common carrier,
or contract carrier shall be | 24 | | held vicariously liable for the actions of its
representatives, | 25 | | agents, or employees. For purposes of this Act, in addition
to | 26 | | other methods authorized by law, an express company, common |
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| 1 | | carrier, or
contract carrier shall be considered served with | 2 | | process when a
representative, agent, or employee alleged to | 3 | | have violated this Act is
personally served. Each shipment of | 4 | | alcoholic liquor delivered in violation
of this item (ii) of | 5 | | this subsection (a) constitutes a separate offense.
(iii) No | 6 | | person, after purchasing or otherwise obtaining alcoholic | 7 | | liquor,
shall sell, give, or deliver such alcoholic liquor to | 8 | | another person under the
age of 21 years, except in the | 9 | | performance of a religious ceremony or service.
Except as | 10 | | otherwise provided in item (ii), any express company, common | 11 | | carrier,
or contract carrier that transports alcoholic liquor | 12 | | within this State that
violates the provisions of item (i), | 13 | | (ii), or (iii) of this paragraph of this
subsection (a) is | 14 | | guilty of a Class A misdemeanor and the sentence shall
include, | 15 | | but shall not be limited to, a fine of not less than $500. Any
| 16 | | person
who violates the provisions of item (iii) of this | 17 | | paragraph of this subsection
(a)
is guilty of a Class A | 18 | | misdemeanor and the sentence shall include, but shall
not be | 19 | | limited to a fine of not less than $500 for a first offense and | 20 | | not less
than
$2,000 for a second or subsequent offense. Any | 21 | | person who knowingly violates
the
provisions of item (iii) of | 22 | | this paragraph of this subsection (a) is guilty of
a
Class 4 | 23 | | felony if a death occurs as the result of the violation.
| 24 | | If a licensee or officer, associate, member, | 25 | | representative, agent, or
employee of the licensee, or a | 26 | | representative, agent, or employee of an
express company, |
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| 1 | | common carrier, or contract carrier that carries or
transports | 2 | | alcoholic liquor for
delivery within this State, is prosecuted | 3 | | under this paragraph of this
subsection
(a) for selling, | 4 | | giving, or delivering alcoholic liquor to a person under the
| 5 | | age of 21 years, the person under 21 years of age who attempted | 6 | | to buy or
receive the alcoholic liquor may be prosecuted | 7 | | pursuant to Section 6-20 of this
Act, unless the person under | 8 | | 21 years of age was acting under the authority of
a law | 9 | | enforcement agency, the Illinois Liquor Control Commission, or | 10 | | a local
liquor control commissioner pursuant to a plan or | 11 | | action to investigate,
patrol, or conduct any similar | 12 | | enforcement action.
| 13 | | For the purpose of preventing the violation of this | 14 | | Section, any licensee,
or his agent or employee, or a | 15 | | representative, agent, or employee of an
express company, | 16 | | common carrier, or contract carrier that carries or
transports | 17 | | alcoholic liquor for
delivery within this State, shall refuse | 18 | | to sell, deliver, or serve
alcoholic
beverages to any person | 19 | | who is unable to produce adequate written evidence of
identity | 20 | | and of the fact that he or she is over the age of 21 years, if
| 21 | | requested by the licensee, agent, employee, or representative.
| 22 | | Adequate written evidence of age and identity of the person | 23 | | is a
document issued by a federal, state, county, or municipal | 24 | | government, or
subdivision or agency thereof, including, but | 25 | | not limited to, a motor
vehicle operator's license, a | 26 | | registration certificate issued under the
Federal Selective |
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| 1 | | Service Act, or an identification card issued to a
member of | 2 | | the Armed Forces. Proof that the defendant-licensee, or his
| 3 | | employee or agent, or the representative, agent, or employee of | 4 | | the express
company, common carrier, or contract carrier that | 5 | | carries or transports
alcoholic liquor for delivery within this | 6 | | State demanded, was shown and
reasonably relied upon such
| 7 | | written evidence in any transaction forbidden by this Section | 8 | | is an
affirmative defense in any criminal prosecution therefor | 9 | | or to any
proceedings for the suspension or revocation of any | 10 | | license based thereon.
It shall not, however, be an affirmative | 11 | | defense if the agent or employee
accepted the written evidence | 12 | | knowing it to be false or fraudulent.
If a false or fraudulent | 13 | | Illinois driver's license or Illinois
identification card is | 14 | | presented by a person less than 21 years of age to a
licensee | 15 | | or the licensee's agent or employee for the purpose of | 16 | | ordering,
purchasing, attempting to purchase, or otherwise | 17 | | obtaining or attempting to
obtain the serving of any alcoholic | 18 | | beverage, the law enforcement officer
or agency investigating | 19 | | the incident shall, upon the conviction of the
person who | 20 | | presented the fraudulent license or identification, make a
| 21 | | report of the matter to the Secretary of State on a form | 22 | | provided by the
Secretary of State.
| 23 | | However, no agent or employee of the licensee or employee | 24 | | of an express
company, common carrier, or contract carrier that | 25 | | carries or transports
alcoholic liquor for delivery within this | 26 | | State shall be
disciplined or
discharged for selling or |
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| 1 | | furnishing liquor to a person under 21 years of
age if the | 2 | | agent or employee demanded and was shown, before furnishing
| 3 | | liquor to a person under 21 years of age, adequate written | 4 | | evidence of age
and identity of the person issued by a federal, | 5 | | state, county or municipal
government, or subdivision or agency | 6 | | thereof, including but not limited to
a motor vehicle | 7 | | operator's license, a registration certificate issued under
| 8 | | the Federal Selective Service Act, or an identification card | 9 | | issued to a
member of the Armed Forces. This paragraph, | 10 | | however, shall not apply if the
agent or employee accepted the | 11 | | written evidence knowing it to be false or
fraudulent.
| 12 | | Any person who sells, gives, or furnishes to any person | 13 | | under the age of
21 years any false or fraudulent written, | 14 | | printed, or photostatic evidence
of the age and identity of | 15 | | such person or who sells, gives or furnishes to
any person | 16 | | under the age of 21 years evidence of age and identification of
| 17 | | any other person is guilty of a Class A misdemeanor and the | 18 | | person's sentence
shall include, but shall not be limited to, a | 19 | | fine of not less than $500.
| 20 | | Any person under the age of 21 years who presents or offers | 21 | | to any licensee,
his agent or employee, any written, printed or | 22 | | photostatic evidence of age and
identity that is false, | 23 | | fraudulent, or not actually his or her own for the
purpose of | 24 | | ordering, purchasing, attempting to purchase or otherwise | 25 | | procuring
or attempting to procure, the serving of any | 26 | | alcoholic beverage,
who falsely states in writing that he or |
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| 1 | | she is at least 21 years of age when
receiving alcoholic liquor | 2 | | from a representative, agent, or employee of an
express | 3 | | company, common carrier, or contract carrier,
or who has in
his | 4 | | or her possession any false or fraudulent written, printed, or | 5 | | photostatic
evidence of age and identity, is guilty of a Class | 6 | | A misdemeanor and the
person's sentence shall include, but | 7 | | shall not be limited to, the following:
a fine of not less than | 8 | | $500 and at least 25 hours of community service. If
possible, | 9 | | any community service shall be performed for an alcohol abuse
| 10 | | prevention program.
| 11 | | Any person under the age of 21 years who has any alcoholic | 12 | | beverage in his
or her possession on any street or highway or | 13 | | in any public place or in any
place open to the public is | 14 | | guilty of a Class A misdemeanor. This Section does
not apply to | 15 | | possession by a person under the age of 21 years making a | 16 | | delivery
of an alcoholic beverage in pursuance of the order of | 17 | | his or her parent or in
pursuance of his or her employment.
| 18 | | (a-1) It is unlawful for any person parent or guardian to | 19 | | knowingly permit his or her
residence, or any other private | 20 | | property under his or her control, or any vehicle, conveyance, | 21 | | or watercraft to be used by an invitee of the parent's child or | 22 | | the guardian's
ward, if the invitee who is under the age of 21, | 23 | | in a manner that constitutes a
violation of this Section. A | 24 | | person parent or guardian is deemed to have knowingly permitted
| 25 | | his or her residence, or any other private property under his | 26 | | or her control, or any vehicle, conveyance, or watercraft to be |
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| 1 | | used in violation of this Section if he or she
knowingly | 2 | | authorizes or permits consumption of alcoholic liquor by | 3 | | underage invitees. Any person who violates this subsection | 4 | | (a-1) is guilty of a
Class A misdemeanor and the person's | 5 | | sentence shall include, but shall not be
limited to, a fine of | 6 | | not less than $500. Where a violation of this subsection (a-1) | 7 | | directly or indirectly results in great bodily harm or death to | 8 | | any person, the person violating this subsection shall be | 9 | | guilty of a Class 4 felony. Nothing in this subsection (a-1)
| 10 | | shall be construed to prohibit the giving of alcoholic liquor | 11 | | to a person under
the age of 21 years in the performance of a | 12 | | religious ceremony or service in observation of a religious | 13 | | holiday.
| 14 | | For the purposes of this subsection (a-1) where the | 15 | | residence or other property has an owner and a tenant or | 16 | | lessee, there is a rebuttable presumption that the residence or | 17 | | other property is occupied only by the tenant or lessee. | 18 | | A person shall not be in violation of this subsection (a-1) | 19 | | if (A) he or she requests assistance from the police department | 20 | | or other law enforcement agency to either (i) remove any person | 21 | | who refuses to abide by the person's performance of the duties | 22 | | imposed by this subsection or (ii) terminate the activity | 23 | | because the person has been unable to prevent a person under | 24 | | the age of 21 years from consuming alcohol despite having taken | 25 | | all reasonable steps to do so and (B) this assistance is | 26 | | requested before any other person makes a formal complaint to |
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| 1 | | the police department or other law enforcement agency about the | 2 | | activity. | 3 | | (b) Except as otherwise provided in this Section whoever | 4 | | violates
this Section shall, in addition to other penalties | 5 | | provided for in this
Act, be guilty of a Class A misdemeanor.
| 6 | | (c) (Blank). Any person shall be guilty of a Class A | 7 | | misdemeanor where he or she
knowingly authorizes or permits a | 8 | | residence which he or she occupies to be used by an invitee | 9 | | under 21
years of age and:
| 10 | | (1) the person occupying the residence knows that any | 11 | | such person under
the age of 21 is in possession of or is | 12 | | consuming any alcoholic
beverage; and
| 13 | | (2) the possession or consumption of the alcohol by the | 14 | | person under
21 is not otherwise permitted by this Act.
| 15 | | For the purposes of this subsection (c) where the residence | 16 | | has an owner
and a tenant or lessee, there is a rebuttable | 17 | | presumption that the residence
is occupied only by the tenant | 18 | | or lessee. The sentence of any person who violates this | 19 | | subsection (c) shall include, but shall not be limited to, a | 20 | | fine of not less than $500. Where a violation of this | 21 | | subsection (c) directly or indirectly results in great bodily | 22 | | harm or death to any person, the person violating this | 23 | | subsection (c) shall be guilty of a Class 4 felony. Nothing in | 24 | | this subsection (c) shall be construed to prohibit the giving | 25 | | of alcoholic liquor to a person under the age of 21 years in | 26 | | the performance of a religious ceremony or service in |
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| 1 | | observation of a religious holiday. | 2 | | A person shall not be in violation of this subsection (c) | 3 | | if (A) he or she requests assistance from the police department | 4 | | or other law enforcement agency to either (i) remove any person | 5 | | who refuses to abide by the person's performance of the duties | 6 | | imposed by this subsection (c) or (ii) terminate the activity | 7 | | because the person has been unable to prevent a person under | 8 | | the age of 21 years from consuming alcohol despite having taken | 9 | | all reasonable steps to do so and (B) this assistance is | 10 | | requested before any other person makes a formal complaint to | 11 | | the police department or other law enforcement agency about the | 12 | | activity. | 13 | | (d) Any person who rents a hotel or motel room from the | 14 | | proprietor or agent
thereof for the purpose of or with the | 15 | | knowledge that such room shall be
used for the consumption of | 16 | | alcoholic liquor by persons under the age of 21
years shall be | 17 | | guilty of a Class A misdemeanor.
| 18 | | (e) Except as otherwise provided in this Act, any person | 19 | | who has alcoholic
liquor in his or her possession on public | 20 | | school district property on school
days or at events on public | 21 | | school district property when children are present
is guilty of | 22 | | a petty offense, unless the alcoholic liquor (i) is in the
| 23 | | original container with the seal unbroken and is in the | 24 | | possession of a person
who is not otherwise legally prohibited | 25 | | from possessing the alcoholic liquor or
(ii) is in the | 26 | | possession of a person in or for the performance of a religious
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| 1 | | service or ceremony authorized by the school board.
| 2 | | (Source: P.A. 97-1049, eff. 1-1-13.)
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