Full Text of SB0596 101st General Assembly
SB0596sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/21/2019
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| 1 | | AMENDMENT TO SENATE BILL 596
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 596 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 6-6 and 6-6.5 as follows:
| 6 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 7 | | Sec. 6-6.
Except as otherwise provided in this Act no | 8 | | manufacturer or
distributor or importing distributor shall, | 9 | | directly or indirectly,
sell, supply, furnish, give or pay for, | 10 | | or loan or lease, any
furnishing, fixture or equipment on the | 11 | | premises of a place of business
of another licensee authorized | 12 | | under this Act to sell alcoholic liquor
at retail, either for | 13 | | consumption on or off the premises, nor shall he or she,
| 14 | | directly or indirectly, pay for any such license, or advance, | 15 | | furnish,
lend or give money for payment of such license, or | 16 | | purchase or become
the owner of any note, mortgage, or other |
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| 1 | | evidence of indebtedness of
such licensee or any form of | 2 | | security therefor, nor shall such
manufacturer, or | 3 | | distributor, or importing distributor, directly or
indirectly, | 4 | | be interested in the ownership, conduct or operation of the
| 5 | | business of any licensee authorized to sell alcoholic liquor at | 6 | | retail,
nor shall any manufacturer, or distributor, or | 7 | | importing distributor be
interested directly or indirectly or | 8 | | as owner or part owner of said
premises or as lessee or lessor | 9 | | thereof, in any premises upon which
alcoholic liquor is sold at | 10 | | retail.
| 11 | | No manufacturer or distributor or importing distributor | 12 | | shall,
directly or indirectly or through a subsidiary or | 13 | | affiliate, or by any
officer, director or firm of such | 14 | | manufacturer, distributor or importing
distributor, furnish, | 15 | | give, lend or rent, install, repair or maintain,
to or for any | 16 | | retail licensee in this State, any
signs or inside advertising | 17 | | materials except as provided in this Section and
Section 6-5. | 18 | | With respect to
retail licensees, other than any government | 19 | | owned or operated auditorium,
exhibition hall, recreation | 20 | | facility or other similar facility holding a
retailer's license | 21 | | as described in Section 6-5, a manufacturer,
distributor, or | 22 | | importing distributor may furnish, give, lend or rent and
| 23 | | erect, install, repair and maintain to or for any retail | 24 | | licensee, for use
at any one time in or about or in connection | 25 | | with a retail establishment on
which the products of the | 26 | | manufacturer, distributor or importing
distributor are sold, |
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| 1 | | the following signs and inside advertising materials
as | 2 | | authorized in subparts (i), (ii), (iii), and (iv):
| 3 | | (i) Permanent outside signs shall cost not more than | 4 | | $3,000 per manufacturer, exclusive of erection,
| 5 | | installation, repair and maintenance costs, and permit | 6 | | fees and
shall bear only the manufacturer's name, brand | 7 | | name, trade name, slogans,
markings, trademark, or other | 8 | | symbols commonly associated with and generally
used in | 9 | | identifying the product including, but not limited to, | 10 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
| 11 | | (ii) Temporary outside signs shall include, but not be | 12 | | limited to, banners, flags, pennants,
streamers, and other | 13 | | items of a temporary and non-permanent
nature, and shall | 14 | | cost not more than $1,000 per manufacturer. Each temporary | 15 | | outside sign must include the manufacturer's name,
brand | 16 | | name, trade name, slogans, markings,
trademark, or other | 17 | | symbol commonly associated with and generally used in
| 18 | | identifying the product. Temporary outside signs may also | 19 | | include,
for example, the product,
price, packaging, date | 20 | | or dates of a promotion and an announcement of a
retail | 21 | | licensee's specific sponsored event, if the temporary | 22 | | outside sign is
intended to promote a product, and provided | 23 | | that the announcement of the retail
licensee's event and | 24 | | the product promotion are held simultaneously. However,
| 25 | | temporary outside signs may not include names, slogans, | 26 | | markings, or logos that
relate to the retailer. Nothing in |
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| 1 | | this subpart (ii) shall prohibit a
distributor or importing | 2 | | distributor from bearing the cost of creating or
printing a | 3 | | temporary outside sign for the retail licensee's specific | 4 | | sponsored
event or from bearing the cost of creating or | 5 | | printing a temporary sign for a
retail licensee containing, | 6 | | for example, community goodwill expressions,
regional | 7 | | sporting event announcements, or seasonal messages, | 8 | | provided that the
primary purpose of the temporary outside | 9 | | sign is to highlight, promote, or
advertise the product.
In | 10 | | addition, temporary outside signs provided by the | 11 | | manufacturer to
the distributor or importing distributor | 12 | | may also include, for example, subject
to the limitations | 13 | | of this Section, preprinted community goodwill | 14 | | expressions,
sporting event announcements, seasonal | 15 | | messages, and manufacturer promotional
announcements. | 16 | | However, a distributor or importing distributor shall not | 17 | | bear
the cost of such manufacturer preprinted signs.
| 18 | | (iii) Permanent inside
signs, whether visible from the | 19 | | outside or the inside of the premises,
include, but are not | 20 | | limited to: alcohol lists and menus that may include
names, | 21 | | slogans, markings, or logos that relate to the retailer; | 22 | | neons;
illuminated signs; clocks; table lamps; mirrors; | 23 | | tap handles; decalcomanias;
window painting; and window | 24 | | trim. All neons, illuminated signs, clocks, table lamps, | 25 | | mirrors, and tap handles are the property of the | 26 | | manufacturer and shall be returned to the manufacturer or |
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| 1 | | its agent upon request. All permanent inside signs in place
| 2 | | and in use at any one time shall cost in the aggregate not | 3 | | more than $6,000 per
manufacturer. A permanent inside sign | 4 | | must include the
manufacturer's name, brand name, trade | 5 | | name, slogans, markings, trademark, or
other symbol | 6 | | commonly associated with and generally used in identifying
| 7 | | the product. However,
permanent inside signs may not | 8 | | include names, slogans, markings, or logos
that relate to | 9 | | the retailer. For the purpose of this subpart (iii), all
| 10 | | permanent inside signs may be displayed in an adjacent | 11 | | courtyard or patio
commonly referred to as a "beer garden" | 12 | | that is a part of the retailer's
licensed premises.
| 13 | | (iv) Temporary inside signs shall include, but are not | 14 | | limited to, lighted
chalk boards, acrylic table tent | 15 | | beverage or hors d'oeuvre list holders,
banners, flags, | 16 | | pennants, streamers, and inside advertising materials such | 17 | | as
posters, placards, bowling sheets, table tents, inserts | 18 | | for acrylic table tent
beverage or hors d'oeuvre list | 19 | | holders, sports schedules,
or similar printed or | 20 | | illustrated materials and product displays, such as | 21 | | display racks, bins, barrels, or similar items, the primary | 22 | | function of which is to temporarily hold and display | 23 | | alcoholic beverages; however, such items, for example,
as | 24 | | coasters, trays, napkins, glassware , growlers, and cups | 25 | | shall not be deemed to be
inside signs or advertising | 26 | | materials and may only be sold to retailers at fair market |
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| 1 | | value, which shall be no less than the cost of the item to | 2 | | the manufacturer, distributor, or importing distributor. | 3 | | All
temporary inside signs and inside advertising | 4 | | materials in place and in use at
any one time shall cost in | 5 | | the aggregate not more than $1,000 per manufacturer.
| 6 | | Nothing in this subpart (iv) prohibits a distributor or | 7 | | importing distributor
from paying the cost of
printing or | 8 | | creating any temporary inside banner or inserts for acrylic | 9 | | table
tent beverage or hors d'oeuvre list holders for a | 10 | | retail licensee, provided
that the primary purpose for the | 11 | | banner or insert is to highlight, promote, or
advertise the | 12 | | product. For the purpose of this subpart (iv), all | 13 | | temporary
inside signs and inside advertising materials | 14 | | may be displayed in an adjacent
courtyard or patio commonly | 15 | | referred to as a "beer garden" that is a part of
the | 16 | | retailer's licensed premises.
| 17 | | The restrictions contained in this Section 6-6 do not apply | 18 | | to signs, or
promotional or advertising materials furnished by | 19 | | manufacturers, distributors
or importing distributors to a | 20 | | government owned or operated facility holding
a retailer's | 21 | | license as described in Section 6-5.
| 22 | | No distributor or importing distributor shall directly or | 23 | | indirectly
or through a subsidiary or affiliate, or by any | 24 | | officer, director or
firm of such manufacturer, distributor or | 25 | | importing distributor,
furnish, give, lend or rent, install, | 26 | | repair or maintain, to or for any
retail licensee in this |
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| 1 | | State, any signs or
inside advertising materials described in | 2 | | subparts (i), (ii), (iii), or (iv)
of this Section except as | 3 | | the agent for or on behalf of a manufacturer,
provided that the | 4 | | total cost of any signs and inside advertising materials
| 5 | | including but not limited to labor, erection, installation and | 6 | | permit fees
shall be paid by the manufacturer whose product or | 7 | | products said signs
and inside advertising materials advertise | 8 | | and except as follows:
| 9 | | A distributor or importing distributor may purchase from or | 10 | | enter into a
written agreement with a manufacturer or a | 11 | | manufacturer's designated supplier
and such manufacturer or | 12 | | the manufacturer's designated supplier may sell or
enter into | 13 | | an agreement to sell to a distributor or importing distributor
| 14 | | permitted signs and advertising materials described in | 15 | | subparts (ii), (iii), or
(iv) of this Section for the purpose | 16 | | of furnishing, giving, lending, renting,
installing, | 17 | | repairing, or maintaining such signs or advertising materials | 18 | | to or
for any retail licensee in this State. Any purchase by a | 19 | | distributor or
importing distributor from a manufacturer or a | 20 | | manufacturer's designated
supplier shall be voluntary and the | 21 | | manufacturer may not require the
distributor or the importing | 22 | | distributor to purchase signs or advertising
materials from the | 23 | | manufacturer or the manufacturer's designated supplier.
| 24 | | A distributor or importing distributor shall be deemed the | 25 | | owner of such
signs or advertising materials purchased from a | 26 | | manufacturer or
a manufacturer's designated supplier.
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| 1 | | The provisions of Public Act 90-373
concerning signs or | 2 | | advertising materials delivered by a manufacturer to a
| 3 | | distributor or importing distributor shall apply only to signs | 4 | | or advertising
materials delivered on or after August 14, 1997.
| 5 | | A manufacturer, distributor, or importing distributor may | 6 | | furnish free social media advertising to a retail licensee if | 7 | | the social media advertisement does not contain the retail | 8 | | price of any alcoholic liquor and the social media | 9 | | advertisement complies with any applicable rules or | 10 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 11 | | Bureau of the United States Department of the Treasury. A | 12 | | manufacturer, distributor, or importing distributor may list | 13 | | the names of one or more unaffiliated retailers in the | 14 | | advertisement of alcoholic liquor through social media. | 15 | | Nothing in this Section shall prohibit a retailer from | 16 | | communicating with a manufacturer, distributor, or importing | 17 | | distributor on social media or sharing media on the social | 18 | | media of a manufacturer, distributor, or importing | 19 | | distributor. A retailer may request free social media | 20 | | advertising from a manufacturer, distributor, or importing | 21 | | distributor. Nothing in this Section shall prohibit a | 22 | | manufacturer, distributor, or importing distributor from | 23 | | sharing, reposting, or otherwise forwarding a social media post | 24 | | by a retail licensee, so long as the sharing, reposting, or | 25 | | forwarding of the social media post does not contain the retail | 26 | | price of any alcoholic liquor. No manufacturer, distributor, or |
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| 1 | | importing distributor shall pay or reimburse a retailer, | 2 | | directly or indirectly, for any social media advertising | 3 | | services, except as specifically permitted in this Act. No | 4 | | retailer shall accept any payment or reimbursement, directly or | 5 | | indirectly, for any social media advertising services offered | 6 | | by a manufacturer, distributor, or importing distributor, | 7 | | except as specifically permitted in this Act. For the purposes | 8 | | of this Section, "social media" means a service, platform, or | 9 | | site where users communicate with one another and share media, | 10 | | such as pictures, videos, music, and blogs, with other users | 11 | | free of charge. | 12 | | No person engaged in the business of manufacturing, | 13 | | importing or
distributing alcoholic liquors shall, directly or | 14 | | indirectly, pay for,
or advance, furnish, or lend money for the | 15 | | payment of any license for
another. Any licensee who shall | 16 | | permit or assent, or be a party in any
way to any violation or | 17 | | infringement of the provisions of this Section
shall be deemed | 18 | | guilty of a violation of this Act, and any money loaned
| 19 | | contrary to a provision of this Act shall not be recovered | 20 | | back, or any
note, mortgage or other evidence of indebtedness, | 21 | | or security, or any
lease or contract obtained or made contrary | 22 | | to this Act shall be
unenforceable and void.
| 23 | | This Section shall not apply to airplane licensees | 24 | | exercising powers
provided in paragraph (i) of Section 5-1 of | 25 | | this Act.
| 26 | | (Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)
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| 1 | | (235 ILCS 5/6-6.5)
| 2 | | Sec. 6-6.5. Sanitation and use of growlers . | 3 | | (a) A manufacturer, distributor, or importing
distributor | 4 | | may not provide for free, but may sell coil cleaning services | 5 | | and installation services, including labor costs, to a retail | 6 | | licensee at fair market
cost.
| 7 | | A manufacturer, distributor, or importing distributor may | 8 | | not provide for free, but may sell dispensing
accessories to | 9 | | retail licensees at a price not less than the cost to the
| 10 | | manufacturer, distributor, or importing distributor who | 11 | | initially purchased
them. Dispensing accessories include, but | 12 | | are not limited to, items such as
standards, faucets, cold | 13 | | plates, rods, vents, taps, tap standards, hoses,
washers, | 14 | | couplings, gas gauges, vent tongues, shanks, glycol draught | 15 | | systems, pumps, and check valves.
| 16 | | Coil cleaning supplies
consisting of detergents, cleaning | 17 | | chemicals, brushes, or similar type cleaning
devices may be | 18 | | sold at a price not less than the cost to the manufacturer,
| 19 | | distributor, or importing distributor.
| 20 | | (b) A manufacturer of beer licensed under subsection (e) of | 21 | | Section 6-4, a brew pub, or an on-premises retail licensee may | 22 | | transfer beer to a growler, which is not an original | 23 | | manufacturer container, but is a reusable rigid container that | 24 | | holds 32, 64, or 128 fluid ounces of beer and is designed to be | 25 | | sealed on premises by the licensee for off-premises |
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| 1 | | consumption, if the following requirements are met: | 2 | | (1) the beer is transferred within the licensed | 3 | | premises by an employee of the licensed premises at the | 4 | | time of sale; | 5 | | (2) the person transferring the alcohol to be sold to | 6 | | the end consumer is 21 years of age or older; | 7 | | (3) the growler holds no more than 128 fluid ounces; | 8 | | (4) the growler bears a twist-type closure, cork, | 9 | | stopper, or plug and includes a one-time use tamper-proof | 10 | | seal; | 11 | | (5) the growler is affixed with a label or tag that | 12 | | contains the following information: | 13 | | (A) the brand name of the product dispensed; | 14 | | (B) the name of the brewer or bottler; | 15 | | (C) the type of product, such as beer, ale, lager, | 16 | | bock, stout, or other brewed or fermented beverage; | 17 | | (D) the net contents; | 18 | | (E) the name and address of the business that | 19 | | cleaned, sanitized, labeled, and filled or refilled | 20 | | the growler; | 21 | | (F) the date the growler was filled or refilled; | 22 | | (G) the following statement: "This product may be | 23 | | unfiltered and unpasteurized. Keep refrigerated at all | 24 | | times."; and | 25 | | (6) the manufacturer of beer licensed under subsection | 26 | | (e) of Section 6-4, the brew pub, or the on-premises retail |
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| 1 | | licensee complies with the sanitation requirements under | 2 | | subsections (a) through (c) of 11 Ill. Adm. Code 100.160 | 3 | | when sanitizing the dispensing equipment used to draw beer | 4 | | to fill or refill the growler; | 5 | | (7) before filling or refilling the growler, the | 6 | | licensee or licensee's employee shall clean and sanitize | 7 | | the growler in one of the following manners: | 8 | | (A) By manual washing in a 3-compartment sink. | 9 | | (i) Before sanitizing the growler, the sinks | 10 | | and work area shall be cleaned to remove any | 11 | | chemicals, oils, or grease from other cleaning | 12 | | activities. | 13 | | (ii) Any residual liquid from the growler | 14 | | shall be emptied into a drain. A growler shall not | 15 | | be emptied into the cleaning water. | 16 | | (iii) The growler and cap shall be cleaned in | 17 | | water and detergent. The water temperature shall | 18 | | be, at a minimum, 110 degrees Fahrenheit or the | 19 | | temperature specified on the cleaning agent | 20 | | manufacturer's label instructions. The detergent | 21 | | shall not be fat-based or oil-based. | 22 | | (iv) Any residues on the interior and exterior | 23 | | of the growler shall be removed. | 24 | | (v) The growler and cap shall be rinsed with | 25 | | water in the middle compartment. Rinsing may be | 26 | | from the spigot with a spray arm, from a spigot, or |
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| 1 | | from a tub as long as the water for rinsing is not | 2 | | stagnant but is continually refreshed. | 3 | | (vi) The growler shall be sanitized in the | 4 | | third compartment. Chemical sanitizer shall be | 5 | | used in accordance with the United States | 6 | | Environmental Protection Agency-registered label | 7 | | use instructions and shall meet the minimum water | 8 | | temperature requirements of that chemical. | 9 | | (vii) A test kit or other device that | 10 | | accurately measures the concentration in | 11 | | milligrams per liter of chemical sanitizing | 12 | | solutions shall be provided and be readily | 13 | | accessible for use. | 14 | | (B) By using a mechanical washing and sanitizing | 15 | | machine. | 16 | | (i) Mechanical washing and sanitizing machines | 17 | | shall be provided with an easily accessible and | 18 | | readable data plate affixed to the machine by the | 19 | | manufacturer and shall be used according to the | 20 | | machine's design and operation specifications. | 21 | | (ii) Mechanical washing and sanitizing | 22 | | machines shall be equipped with chemical or hot | 23 | | water sanitization. | 24 | | (iii) The concentration of the sanitizing | 25 | | solution or the water temperature shall be | 26 | | accurately determined by using a test kit or other |
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| 1 | | device. | 2 | | (iv) The machine shall be regularly serviced | 3 | | based upon the manufacturer's or installer's | 4 | | guidelines. | 5 | | (C) By transferring beer to a growler with a tube. | 6 | | (i) Beer may be transferred to a growler from | 7 | | the bottom of the growler to the top with a tube | 8 | | that is attached to the tap and extends to the | 9 | | bottom of the growler or with a commercial filling | 10 | | machine. | 11 | | (ii) Food grade sanitizer shall be used in | 12 | | accordance with the United States Environmental | 13 | | Protection Agency-registered label use | 14 | | instructions. | 15 | | (iii) A container of liquid food grade | 16 | | sanitizer shall be maintained for no more than 10 | 17 | | malt beverage taps that will be used for filling | 18 | | and refilling growlers. | 19 | | (iv) Each container shall contain no less than | 20 | | 5 tubes that will be used only for filling and | 21 | | refilling growlers. | 22 | | (v) The growler must be inspected visually for | 23 | | contamination. | 24 | | (vi) After each transfer of beer to a growler, | 25 | | the tube shall be immersed in the container with | 26 | | the liquid food grade sanitizer. |
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| 1 | | (vii) A different tube from the container must | 2 | | be used for each fill or refill of a growler. | 3 | | (c) Growlers that comply with items (4) and (5) of | 4 | | subsection (b) shall not be deemed an unsealed container for | 5 | | purposes of Section 11-502 of the Illinois Vehicle Code. | 6 | | (d) Growlers, as described and authorized under this | 7 | | Section, are not original packages for the purposes of this | 8 | | Act. Upon a consumer taking possession of a growler from a | 9 | | manufacturer of beer licensed under subsection (e) of Section | 10 | | 6-4, a brew pub, or an on-premises retail licensee, the growler | 11 | | and its contents are deemed to be in the sole custody, control, | 12 | | and care of the consumer. | 13 | | (Source: P.A. 90-432, eff. 1-1-98.)
| 14 | | Section 10. The Illinois Vehicle Code is amended by | 15 | | changing Section 11-502 as follows:
| 16 | | (625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
| 17 | | Sec. 11-502. Transportation or possession of alcoholic | 18 | | liquor in
a motor vehicle. | 19 | | (a) Except as provided in paragraph (c) and in Sections | 20 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no driver may
| 21 | | transport, carry, possess or have any alcoholic
liquor within | 22 | | the passenger area of any motor vehicle upon a highway in
this | 23 | | State except in the original container and with the seal | 24 | | unbroken.
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| 1 | | (b) Except as provided in paragraph (c) and in Sections | 2 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no passenger | 3 | | may carry, possess
or have any alcoholic liquor within any | 4 | | passenger area of any motor vehicle
upon a highway in this | 5 | | State except in the original container and with the
seal | 6 | | unbroken.
| 7 | | (c) This Section shall not apply to the passengers in a | 8 | | limousine when
it is being used for purposes for which a | 9 | | limousine is ordinarily used,
the passengers on a chartered bus | 10 | | when it is being used for purposes for
which chartered buses | 11 | | are ordinarily used or on a motor home or mini motor
home as | 12 | | defined in Section 1-145.01 of this Code. However, the driver | 13 | | of
any such vehicle is prohibited from consuming or having any | 14 | | alcoholic
liquor in or about the driver's area. Any evidence of | 15 | | alcoholic consumption
by the driver shall be prima facie | 16 | | evidence of such driver's failure to
obey this Section. For the | 17 | | purposes of this Section, a limousine is a motor
vehicle of the | 18 | | first division with the passenger compartment enclosed by a
| 19 | | partition or dividing window used in the for-hire | 20 | | transportation of
passengers and operated by an individual in | 21 | | possession of a valid Illinois
driver's license of the | 22 | | appropriate classification pursuant to Section 6-104
of this | 23 | | Code.
| 24 | | (d) (Blank).
| 25 | | (e) Any driver who is convicted of violating subsection (a) | 26 | | of this
Section for a second or subsequent time within one year |
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| 1 | | of a similar
conviction shall be subject to suspension of | 2 | | driving privileges as
provided, in paragraph 23 of subsection | 3 | | (a) of Section 6-206 of this Code.
| 4 | | (f) Any driver, who is less than 21 years of age at the | 5 | | date of the
offense and who is convicted of violating | 6 | | subsection (a) of this Section or a
similar provision of a | 7 | | local ordinance, shall be subject to the loss of driving
| 8 | | privileges as provided in paragraph 13 of subsection (a) of | 9 | | Section 6-205 of
this Code and paragraph 33 of subsection (a) | 10 | | of Section 6-206 of this Code.
| 11 | | (Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)".
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