Full Text of SB0868 99th General Assembly
SB0868sam002 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/16/2015
| | 09900SB0868sam002 | | LRB099 05865 RPS 34108 a |
|
| 1 | | AMENDMENT TO SENATE BILL 868
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 868, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Liquor Control Act of 1934 is amended by | 6 | | changing Section 6-16 as follows:
| 7 | | (235 ILCS 5/6-16) (from Ch. 43, par. 131)
| 8 | | Sec. 6-16. Prohibited sales and possession.
| 9 | | (a) (i) No licensee nor any officer, associate, member, | 10 | | representative,
agent, or employee of such licensee shall sell, | 11 | | give, or deliver alcoholic
liquor to any person under the age | 12 | | of 21 years or to any intoxicated person,
except as provided in | 13 | | Section 6-16.1.
(ii) No express company, common carrier, or | 14 | | contract carrier nor any
representative, agent, or employee on | 15 | | behalf of an express company, common
carrier, or contract | 16 | | carrier that carries or transports alcoholic liquor for
|
| | | 09900SB0868sam002 | - 2 - | LRB099 05865 RPS 34108 a |
|
| 1 | | delivery within this State shall knowingly give or knowingly | 2 | | deliver to a
residential address any shipping container clearly | 3 | | labeled as containing
alcoholic liquor and labeled as requiring | 4 | | signature of an adult of at least 21
years of age to any person | 5 | | in this State under the age of 21 years. An express
company, | 6 | | common carrier, or contract carrier that carries or transports | 7 | | such
alcoholic liquor for delivery within this State shall | 8 | | obtain a signature at
the time of delivery acknowledging | 9 | | receipt of the alcoholic liquor by an adult
who is at least 21 | 10 | | years of age. At no time while delivering alcoholic
beverages | 11 | | within this State may any representative, agent, or employee of | 12 | | an
express company, common carrier, or contract carrier that | 13 | | carries or
transports alcoholic liquor for delivery within this | 14 | | State deliver the
alcoholic liquor to a residential address | 15 | | without the acknowledgment of the
consignee and without first | 16 | | obtaining a signature at the time of the delivery
by an adult | 17 | | who is at least 21 years of age. A signature of a person on file
| 18 | | with the express company, common carrier, or contract carrier | 19 | | does
not constitute acknowledgement of the consignee. Any | 20 | | express company, common
carrier, or contract carrier that | 21 | | transports alcoholic liquor for delivery
within this State that | 22 | | violates this
item (ii) of this subsection (a) by delivering | 23 | | alcoholic liquor without the
acknowledgement of the consignee | 24 | | and without first obtaining a signature at the
time of the | 25 | | delivery by an adult who is at least 21 years of age is guilty | 26 | | of a
business offense for which the express company, common |
| | | 09900SB0868sam002 | - 3 - | LRB099 05865 RPS 34108 a |
|
| 1 | | carrier, or contract
carrier that transports alcoholic liquor | 2 | | within this State shall be fined not
more than $1,001 for a
| 3 | | first offense, not more than $5,000 for a second offense, and | 4 | | not more than
$10,000 for a third or subsequent offense. An | 5 | | express company, common carrier,
or contract carrier shall be | 6 | | held vicariously liable for the actions of its
representatives, | 7 | | agents, or employees. For purposes of this Act, in addition
to | 8 | | other methods authorized by law, an express company, common | 9 | | carrier, or
contract carrier shall be considered served with | 10 | | process when a
representative, agent, or employee alleged to | 11 | | have violated this Act is
personally served. Each shipment of | 12 | | alcoholic liquor delivered in violation
of this item (ii) of | 13 | | this subsection (a) constitutes a separate offense.
(iii) No | 14 | | person, after purchasing or otherwise obtaining alcoholic | 15 | | liquor,
shall sell, give, or deliver such alcoholic liquor to | 16 | | another person under the
age of 21 years, except in the | 17 | | performance of a religious ceremony or service.
Except as | 18 | | otherwise provided in item (ii), any express company, common | 19 | | carrier,
or contract carrier that transports alcoholic liquor | 20 | | within this State that
violates the provisions of item (i), | 21 | | (ii), or (iii) of this paragraph of this
subsection (a) is | 22 | | guilty of a Class A misdemeanor and the sentence shall
include, | 23 | | but shall not be limited to, a fine of not less than $500. Any
| 24 | | person
who violates the provisions of item (iii) of this | 25 | | paragraph of this subsection
(a)
is guilty of a Class A | 26 | | misdemeanor and the sentence shall include, but shall
not be |
| | | 09900SB0868sam002 | - 4 - | LRB099 05865 RPS 34108 a |
|
| 1 | | limited to a fine of not less than $500 for a first offense and | 2 | | not less
than
$2,000 for a second or subsequent offense. Any | 3 | | person who knowingly violates
the
provisions of item (iii) of | 4 | | this paragraph of this subsection (a) is guilty of
a
Class 4 | 5 | | felony if a death occurs as the result of the violation.
| 6 | | If a licensee or officer, associate, member, | 7 | | representative, agent, or
employee of the licensee, or a | 8 | | representative, agent, or employee of an
express company, | 9 | | common carrier, or contract carrier that carries or
transports | 10 | | alcoholic liquor for
delivery within this State, is prosecuted | 11 | | under this paragraph of this
subsection
(a) for selling, | 12 | | giving, or delivering alcoholic liquor to a person under the
| 13 | | age of 21 years, the person under 21 years of age who attempted | 14 | | to buy or
receive the alcoholic liquor may be prosecuted | 15 | | pursuant to Section 6-20 of this
Act, unless the person under | 16 | | 21 years of age was acting under the authority of
a law | 17 | | enforcement agency, the Illinois Liquor Control Commission, or | 18 | | a local
liquor control commissioner pursuant to a plan or | 19 | | action to investigate,
patrol, or conduct any similar | 20 | | enforcement action.
| 21 | | For the purpose of preventing the violation of this | 22 | | Section, any licensee,
or his agent or employee, or a | 23 | | representative, agent, or employee of an
express company, | 24 | | common carrier, or contract carrier that carries or
transports | 25 | | alcoholic liquor for
delivery within this State, shall refuse | 26 | | to sell, deliver, or serve
alcoholic
beverages to any person |
| | | 09900SB0868sam002 | - 5 - | LRB099 05865 RPS 34108 a |
|
| 1 | | who is unable to produce adequate written evidence of
identity | 2 | | and of the fact that he or she is over the age of 21 years, if
| 3 | | requested by the licensee, agent, employee, or representative.
| 4 | | Adequate written evidence of age and identity of the person | 5 | | is a
document issued by a federal, state, county, or municipal | 6 | | government, or
subdivision or agency thereof, including, but | 7 | | not limited to, a motor
vehicle operator's license, a | 8 | | registration certificate issued under the
Federal Selective | 9 | | Service Act, or an identification card issued to a
member of | 10 | | the Armed Forces. Proof that the defendant-licensee, or his
| 11 | | employee or agent, or the representative, agent, or employee of | 12 | | the express
company, common carrier, or contract carrier that | 13 | | carries or transports
alcoholic liquor for delivery within this | 14 | | State demanded, was shown and
reasonably relied upon such
| 15 | | written evidence in any transaction forbidden by this Section | 16 | | is an
affirmative defense in any criminal prosecution therefor | 17 | | or to any
proceedings for the suspension or revocation of any | 18 | | license based thereon.
It shall not, however, be an affirmative | 19 | | defense if the agent or employee
accepted the written evidence | 20 | | knowing it to be false or fraudulent.
If a false or fraudulent | 21 | | Illinois driver's license or Illinois
identification card is | 22 | | presented by a person less than 21 years of age to a
licensee | 23 | | or the licensee's agent or employee for the purpose of | 24 | | ordering,
purchasing, attempting to purchase, or otherwise | 25 | | obtaining or attempting to
obtain the serving of any alcoholic | 26 | | beverage, the law enforcement officer
or agency investigating |
| | | 09900SB0868sam002 | - 6 - | LRB099 05865 RPS 34108 a |
|
| 1 | | the incident shall, upon the conviction of the
person who | 2 | | presented the fraudulent license or identification, make a
| 3 | | report of the matter to the Secretary of State on a form | 4 | | provided by the
Secretary of State.
| 5 | | However, no agent or employee of the licensee or employee | 6 | | of an express
company, common carrier, or contract carrier that | 7 | | carries or transports
alcoholic liquor for delivery within this | 8 | | State shall be
disciplined or
discharged for selling or | 9 | | furnishing liquor to a person under 21 years of
age if the | 10 | | agent or employee demanded and was shown, before furnishing
| 11 | | liquor to a person under 21 years of age, adequate written | 12 | | evidence of age
and identity of the person issued by a federal, | 13 | | state, county or municipal
government, or subdivision or agency | 14 | | thereof, including but not limited to
a motor vehicle | 15 | | operator's license, a registration certificate issued under
| 16 | | the Federal Selective Service Act, or an identification card | 17 | | issued to a
member of the Armed Forces. This paragraph, | 18 | | however, shall not apply if the
agent or employee accepted the | 19 | | written evidence knowing it to be false or
fraudulent.
| 20 | | Any person who sells, gives, or furnishes to any person | 21 | | under the age of
21 years any false or fraudulent written, | 22 | | printed, or photostatic evidence
of the age and identity of | 23 | | such person or who sells, gives or furnishes to
any person | 24 | | under the age of 21 years evidence of age and identification of
| 25 | | any other person is guilty of a Class A misdemeanor and the | 26 | | person's sentence
shall include, but shall not be limited to, a |
| | | 09900SB0868sam002 | - 7 - | LRB099 05865 RPS 34108 a |
|
| 1 | | fine of not less than $500.
| 2 | | Any person under the age of 21 years who presents or offers | 3 | | to any licensee,
his agent or employee, any written, printed or | 4 | | photostatic evidence of age and
identity that is false, | 5 | | fraudulent, or not actually his or her own for the
purpose of | 6 | | ordering, purchasing, attempting to purchase or otherwise | 7 | | procuring
or attempting to procure, the serving of any | 8 | | alcoholic beverage,
who falsely states in writing that he or | 9 | | she is at least 21 years of age when
receiving alcoholic liquor | 10 | | from a representative, agent, or employee of an
express | 11 | | company, common carrier, or contract carrier,
or who has in
his | 12 | | or her possession any false or fraudulent written, printed, or | 13 | | photostatic
evidence of age and identity, is guilty of a Class | 14 | | A misdemeanor and the
person's sentence shall include, but | 15 | | shall not be limited to, the following:
a fine of not less than | 16 | | $500 and at least 25 hours of community service. If
possible, | 17 | | any community service shall be performed for an alcohol abuse
| 18 | | prevention program.
| 19 | | Any person under the age of 21 years who has any alcoholic | 20 | | beverage in his
or her possession on any street or highway or | 21 | | in any public place or in any
place open to the public is | 22 | | guilty of a Class A misdemeanor. This Section does
not apply to | 23 | | possession by a person under the age of 21 years making a | 24 | | delivery
of an alcoholic beverage in pursuance of the order of | 25 | | his or her parent or in
pursuance of his or her employment.
| 26 | | (a-1) It is unlawful for any parent or guardian to |
| | | 09900SB0868sam002 | - 8 - | LRB099 05865 RPS 34108 a |
|
| 1 | | knowingly permit his or her
residence, any other private | 2 | | property under his or her control, or any vehicle, conveyance, | 3 | | or watercraft under his or her control to be used by an invitee | 4 | | of the parent's child or the guardian's
ward, if the invitee is | 5 | | under the age of 21, in a manner that constitutes a
violation | 6 | | of this Section. A parent or guardian is deemed to have | 7 | | knowingly permitted
his or her residence, any other private | 8 | | property under his or her control, or any vehicle, conveyance, | 9 | | or watercraft under his or her control to be used in violation | 10 | | of this Section if he or she
knowingly authorizes or permits | 11 | | consumption of alcoholic liquor by underage invitees. Any | 12 | | person who violates this subsection (a-1) is guilty of a
Class | 13 | | A misdemeanor and the person's sentence shall include, but | 14 | | shall not be
limited to, a fine of not less than $500. Where a | 15 | | violation of this subsection (a-1) directly or indirectly | 16 | | results in great bodily harm or death to any person, the person | 17 | | violating this subsection shall be guilty of a Class 4 felony. | 18 | | Nothing in this subsection (a-1)
shall be construed to prohibit | 19 | | the giving of alcoholic liquor to a person under
the age of 21 | 20 | | years in the performance of a religious ceremony or service in | 21 | | observation of a religious holiday.
| 22 | | For the purposes of this subsection (a-1) where the | 23 | | residence or other property has an owner and a tenant or | 24 | | lessee, the trier of fact may infer that the residence or other | 25 | | property is occupied only by the tenant or lessee. | 26 | | (b) Except as otherwise provided in this Section whoever |
| | | 09900SB0868sam002 | - 9 - | LRB099 05865 RPS 34108 a |
|
| 1 | | violates
this Section shall, in addition to other penalties | 2 | | provided for in this
Act, be guilty of a Class A misdemeanor.
| 3 | | (c) Any person shall be guilty of a Class A misdemeanor | 4 | | where he or she
knowingly authorizes or permits a residence | 5 | | which he or she occupies to be used by an invitee under 21
| 6 | | years of age and:
| 7 | | (1) the person occupying the residence knows that any | 8 | | such person under
the age of 21 is in possession of or is | 9 | | consuming any alcoholic
beverage; and
| 10 | | (2) the possession or consumption of the alcohol by the | 11 | | person under
21 is not otherwise permitted by this Act.
| 12 | | For the purposes of this subsection (c) where the residence | 13 | | has an owner
and a tenant or lessee, the trier of fact may | 14 | | infer that the residence
is occupied only by the tenant or | 15 | | lessee. The sentence of any person who violates this subsection | 16 | | (c) shall include, but shall not be limited to, a fine of not | 17 | | less than $500. Where a violation of this subsection (c) | 18 | | directly or indirectly results in great bodily harm or death to | 19 | | any person, the person violating this subsection (c) shall be | 20 | | guilty of a Class 4 felony. Nothing in this subsection (c) | 21 | | shall be construed to prohibit the giving of alcoholic liquor | 22 | | to a person under the age of 21 years in the performance of a | 23 | | religious ceremony or service in observation of a religious | 24 | | holiday. | 25 | | A person shall not be in violation of this subsection (c) | 26 | | if (A) he or she requests assistance from the police department |
| | | 09900SB0868sam002 | - 10 - | LRB099 05865 RPS 34108 a |
|
| 1 | | or other law enforcement agency to either (i) remove any person | 2 | | who refuses to abide by the person's performance of the duties | 3 | | imposed by this subsection (c) or (ii) terminate the activity | 4 | | because the person has been unable to prevent a person under | 5 | | the age of 21 years from consuming alcohol despite having taken | 6 | | all reasonable steps to do so and (B) this assistance is | 7 | | requested before any other person makes a formal complaint to | 8 | | the police department or other law enforcement agency about the | 9 | | activity. | 10 | | (d) Any person who rents a hotel or motel room from the | 11 | | proprietor or agent
thereof for the purpose of or with the | 12 | | knowledge that such room shall be
used for the consumption of | 13 | | alcoholic liquor by persons under the age of 21
years shall be | 14 | | guilty of a Class A misdemeanor.
| 15 | | (e) Except as otherwise provided in this Act, any person | 16 | | who has alcoholic
liquor in his or her possession on public | 17 | | school district property on school
days or at events on public | 18 | | school district property when children are present
is guilty of | 19 | | a petty offense, unless the alcoholic liquor (i) is in the
| 20 | | original container with the seal unbroken and is in the | 21 | | possession of a person
who is not otherwise legally prohibited | 22 | | from possessing the alcoholic liquor or
(ii) is in the | 23 | | possession of a person in or for the performance of a religious
| 24 | | service or ceremony authorized by the school board.
| 25 | | (f) A licensee may bring a civil action against a person | 26 | | who: |
| | | 09900SB0868sam002 | - 11 - | LRB099 05865 RPS 34108 a |
|
| 1 | | (1) is over the age of 18 years but under the age of 21 | 2 | | years; | 3 | | (2) has been previously convicted of or received a | 4 | | citation for an alcohol-related offense on at least 2 | 5 | | different occasions; and | 6 | | (3) procures or attempts to procure alcoholic liquor | 7 | | from the licensee or possesses or consumes alcoholic liquor | 8 | | on the licensee's premises. | 9 | | If judgment is entered in favor of the licensee, the court | 10 | | shall award damages to the licensee in the amount of $1,000 | 11 | | plus the costs of the action, including reasonable attorney's | 12 | | fees. A licensee may bring an action under this subsection (f) | 13 | | regardless of whether the person has been convicted of or | 14 | | received a citation for engaging in the conduct specified in | 15 | | paragraph (3) of this subsection (f), but the licensee has the | 16 | | burden of proving, by a preponderance of the evidence, that the | 17 | | person engaged in the conduct specified in paragraph (3) of | 18 | | this subsection (f). | 19 | | A licensee may not bring a civil action under this | 20 | | subsection (f) unless the licensee has first provided notice of | 21 | | the licensee's intent to bring a civil action under this | 22 | | subsection (f) to the person. The notice shall be mailed to the | 23 | | last-known address of that person at least 15 days prior to | 24 | | filing the action and shall include a demand for the relief | 25 | | described in this subsection (f). The State Commission may, by | 26 | | rule, prescribe a form for this notice. |
| | | 09900SB0868sam002 | - 12 - | LRB099 05865 RPS 34108 a |
|
| 1 | | This subsection (f) does not apply to enforcement actions | 2 | | conducted pursuant to Section 6-16.1 of this Act. | 3 | | (Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15 .)
| 4 | | Section 10. The Video Gaming
Act is amended by changing | 5 | | Section 40 as follows: | 6 | | (230 ILCS 40/40)
| 7 | | Sec. 40. Video gaming terminal use by minors prohibited.
| 8 | | (a) No licensee
shall cause or permit any person under the | 9 | | age of 21 years to use or play a
video gaming terminal. Any | 10 | | licensee who knowingly permits a person under
the age of 21 | 11 | | years to use or play a video gaming terminal is guilty of a
| 12 | | business offense and shall be fined an amount not to exceed | 13 | | $5,000.
| 14 | | (b) A licensee may bring a civil action against a person | 15 | | who: | 16 | | (1) is over the age of 18 years but under the age of 21 | 17 | | years; | 18 | | (2) has previously been convicted of or received a | 19 | | citation for a gambling-related offense on at least 2 | 20 | | different occasions; and | 21 | | (3) uses or plays or attempts to use or play a video | 22 | | gaming terminal on the licensee's premises. | 23 | | If judgment is entered in favor of the licensee, the court | 24 | | shall award damages to the licensee in the amount of $1,000 |
| | | 09900SB0868sam002 | - 13 - | LRB099 05865 RPS 34108 a |
|
| 1 | | plus the costs of the action, including reasonable attorney's | 2 | | fees. | 3 | | A licensee may not bring a civil action under this | 4 | | subsection (b) unless the licensee has first provided notice of | 5 | | the licensee's intent to bring a civil action under this | 6 | | subsection (b) to the person. The notice shall be mailed to the | 7 | | last-known address of that person at least 15 days prior to | 8 | | filing the action and shall include a demand for the relief | 9 | | described in this subsection (b). The Board may, by rule, | 10 | | prescribe a form for this notice. | 11 | | (Source: P.A. 96-34, eff. 7-13-09.)".
|
|