Full Text of HB1295 94th General Assembly
HB1295eng 94TH GENERAL ASSEMBLY
|
|
|
HB1295 Engrossed |
|
LRB094 09936 LJB 40194 b |
|
| 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 | 24 |
| receipt of the alcoholic liquor by an adult
who is at least 21 | 25 |
| years of age. At no time while delivering alcoholic
beverages | 26 |
| within this State may any representative, agent, or employee of | 27 |
| an
express company, common carrier, or contract carrier that | 28 |
| carries or
transports alcoholic liquor for delivery within this | 29 |
| State deliver the
alcoholic liquor to a residential address | 30 |
| without the acknowledgment of the
consignee and without first | 31 |
| obtaining a signature at the time of the delivery
by an adult | 32 |
| who is at least 21 years of age. A signature of a person on file
|
|
|
|
HB1295 Engrossed |
- 2 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| with the express company, common carrier, or contract carrier | 2 |
| does
not constitute acknowledgement of the consignee. Any | 3 |
| express company, common
carrier, or contract carrier that | 4 |
| transports alcoholic liquor for delivery
within this State that | 5 |
| violates this
item (ii) of this subsection (a) by delivering | 6 |
| alcoholic liquor without the
acknowledgement of the consignee | 7 |
| and without first obtaining a signature at the
time of the | 8 |
| delivery by an adult who is at least 21 years of age is guilty | 9 |
| of a
business offense for which the express company, common | 10 |
| carrier, or contract
carrier that transports alcoholic liquor | 11 |
| within this State shall be fined not
more than $1,001 for a
| 12 |
| first offense, not more than $5,000 for a second offense, and | 13 |
| not more than
$10,000 for a third or subsequent offense. An | 14 |
| express company, common carrier,
or contract carrier shall be | 15 |
| held vicariously liable for the actions of its
representatives, | 16 |
| agents, or employees. For purposes of this Act, in addition
to | 17 |
| other methods authorized by law, an express company, common | 18 |
| carrier, or
contract carrier shall be considered served with | 19 |
| process when a
representative, agent, or employee alleged to | 20 |
| have violated this Act is
personally served. Each shipment of | 21 |
| alcoholic liquor delivered in violation
of this item (ii) of | 22 |
| this subsection (a) constitutes a separate offense.
(iii) No | 23 |
| person, after purchasing or otherwise obtaining alcoholic | 24 |
| liquor,
shall sell, give, or deliver such alcoholic liquor to | 25 |
| another person under the
age of 21 years, except in the | 26 |
| performance of a religious ceremony or service.
Except as | 27 |
| otherwise provided in item (ii), any express company, common | 28 |
| carrier,
or contract carrier that transports alcoholic liquor | 29 |
| within this State that
violates the provisions of item (i), | 30 |
| (ii), or (iii) of this paragraph of this
subsection (a) is | 31 |
| guilty of a Class A misdemeanor and the sentence shall
include, | 32 |
| but shall not be limited to, a fine of not less than $500. Any
| 33 |
| person
who violates the provisions of item (iii) of this | 34 |
| paragraph of this subsection
(a)
is guilty of a Class A | 35 |
| misdemeanor and the sentence shall include, but shall
not be | 36 |
| limited to a fine of not less than $500 for a first offense and |
|
|
|
HB1295 Engrossed |
- 3 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| not less
than
$2,000 for a second or subsequent offense. Any | 2 |
| person who knowingly violates
the
provisions of item (iii) of | 3 |
| this paragraph of this subsection (a) is guilty of
a
Class 4 | 4 |
| felony if a death occurs as the result of the violation.
| 5 |
| If a licensee or officer, associate, member, | 6 |
| representative, agent, or
employee of the licensee, or a | 7 |
| representative, agent, or employee of an
express company, | 8 |
| common carrier, or contract carrier that carries or
transports | 9 |
| alcoholic liquor for
delivery within this State, is prosecuted | 10 |
| under this paragraph of this
subsection
(a) for selling, | 11 |
| giving, or delivering alcoholic liquor to a person under the
| 12 |
| age of 21 years, the person under 21 years of age who attempted | 13 |
| to buy or
receive the alcoholic liquor may be prosecuted | 14 |
| pursuant to Section 6-20 of this
Act, unless the person under | 15 |
| 21 years of age was acting under the authority of
a law | 16 |
| enforcement agency, the Illinois Liquor Control Commission, or | 17 |
| a local
liquor control commissioner pursuant to a plan or | 18 |
| action to investigate,
patrol, or conduct any similar | 19 |
| enforcement action.
| 20 |
| For the purpose of preventing the violation of this | 21 |
| Section, any licensee,
or his agent or employee, or a | 22 |
| representative, agent, or employee of an
express company, | 23 |
| common carrier, or contract carrier that carries or
transports | 24 |
| alcoholic liquor for
delivery within this State, shall refuse | 25 |
| to sell, deliver, or serve
alcoholic
beverages to any person | 26 |
| who is unable to produce adequate written evidence of
identity | 27 |
| and of the fact that he or she is over the age of 21 years, if
| 28 |
| requested by the licensee, agent, employee, or representative.
| 29 |
| Adequate written evidence of age and identity of the person | 30 |
| is a
document issued by a federal, state, county, or municipal | 31 |
| government, or
subdivision or agency thereof, including, but | 32 |
| not limited to, a motor
vehicle operator's license, a | 33 |
| registration certificate issued under the
Federal Selective | 34 |
| Service Act, or an identification card issued to a
member of | 35 |
| the Armed Forces. Proof that the defendant-licensee, or his
| 36 |
| employee or agent, or the representative, agent, or employee of |
|
|
|
HB1295 Engrossed |
- 4 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| the express
company, common carrier, or contract carrier that | 2 |
| carries or transports
alcoholic liquor for delivery within this | 3 |
| State demanded, was shown and
reasonably relied upon such
| 4 |
| written evidence in any transaction forbidden by this Section | 5 |
| is an
affirmative defense in any criminal prosecution therefor | 6 |
| or to any
proceedings for the suspension or revocation of any | 7 |
| license based thereon.
It shall not, however, be an affirmative | 8 |
| defense if the agent or employee
accepted the written evidence | 9 |
| knowing it to be false or fraudulent.
If a false or fraudulent | 10 |
| Illinois driver's license or Illinois
identification card is | 11 |
| presented by a person less than 21 years of age to a
licensee | 12 |
| or the licensee's agent or employee for the purpose of | 13 |
| ordering,
purchasing, attempting to purchase, or otherwise | 14 |
| obtaining or attempting to
obtain the serving of any alcoholic | 15 |
| beverage, the law enforcement officer
or agency investigating | 16 |
| the incident shall, upon the conviction of the
person who | 17 |
| presented the fraudulent license or identification, make a
| 18 |
| report of the matter to the Secretary of State on a form | 19 |
| provided by the
Secretary of State.
| 20 |
| However, no agent or employee of the licensee or employee | 21 |
| of an express
company, common carrier, or contract carrier that | 22 |
| carries or transports
alcoholic liquor for delivery within this | 23 |
| State shall be
disciplined or
discharged for selling or | 24 |
| furnishing liquor to a person under 21 years of
age if the | 25 |
| agent or employee demanded and was shown, before furnishing
| 26 |
| liquor to a person under 21 years of age, adequate written | 27 |
| evidence of age
and identity of the person issued by a federal, | 28 |
| state, county or municipal
government, or subdivision or agency | 29 |
| thereof, including but not limited to
a motor vehicle | 30 |
| operator's license, a registration certificate issued under
| 31 |
| the Federal Selective Service Act, or an identification card | 32 |
| issued to a
member of the Armed Forces. This paragraph, | 33 |
| however, shall not apply if the
agent or employee accepted the | 34 |
| written evidence knowing it to be false or
fraudulent.
| 35 |
| Any person who sells, gives, or furnishes to any person | 36 |
| under the age of
21 years any false or fraudulent written, |
|
|
|
HB1295 Engrossed |
- 5 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| printed, or photostatic evidence
of the age and identity of | 2 |
| such person or who sells, gives or furnishes to
any person | 3 |
| under the age of 21 years evidence of age and identification of
| 4 |
| any other person is guilty of a Class A misdemeanor and the | 5 |
| person's sentence
shall include, but shall not be limited to, a | 6 |
| fine of not less than $500.
| 7 |
| Any person under the age of 21 years who presents or offers | 8 |
| to any licensee,
his agent or employee, any written, printed or | 9 |
| photostatic evidence of age and
identity that is false, | 10 |
| fraudulent, or not actually his or her own for the
purpose of | 11 |
| ordering, purchasing, attempting to purchase or otherwise | 12 |
| procuring
or attempting to procure, the serving of any | 13 |
| alcoholic beverage,
who falsely states in writing that he or | 14 |
| she is at least 21 years of age when
receiving alcoholic liquor | 15 |
| from a representative, agent, or employee of an
express | 16 |
| company, common carrier, or contract carrier,
or who has in
his | 17 |
| or her possession any false or fraudulent written, printed, or | 18 |
| photostatic
evidence of age and identity, is guilty of a Class | 19 |
| A misdemeanor and the
person's sentence shall include, but | 20 |
| shall not be limited to, the following:
a fine of not less than | 21 |
| $500 and at least 25 hours of community service. If
possible, | 22 |
| any community service shall be performed for an alcohol abuse
| 23 |
| prevention program.
| 24 |
| Any licensee or his or her agent, employee, or | 25 |
| representative who has reason to suspect a person has presented | 26 |
| him or her with false or fraudulent written, printed, or | 27 |
| photostatic evidence of age and identity has the authority to | 28 |
| confiscate the written, printed, or photostatic evidence of age | 29 |
| and identity for submission to law enforcement personnel to | 30 |
| make a determination of the validity of the identification | 31 |
| presented. The licensee or his or her agent, employee, or | 32 |
| representative shall have no criminal or civil liability, | 33 |
| except for willful or wanton misconduct, for confiscating | 34 |
| written, printed, or photostatic evidence of age and identity | 35 |
| he or she reasonably believes may be false or fraudulent.
| 36 |
| Any person under the age of 21 years who has any alcoholic |
|
|
|
HB1295 Engrossed |
- 6 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| beverage in his
or her possession on any street or highway or | 2 |
| in any public place or in any
place open to the public is | 3 |
| guilty of a Class A misdemeanor. This Section does
not apply to | 4 |
| possession by a person under the age of 21 years making a | 5 |
| delivery
of an alcoholic beverage in pursuance of the order of | 6 |
| his or her parent or in
pursuance of his or her employment.
| 7 |
| (a-1) It is unlawful for any parent or guardian to permit | 8 |
| his or her
residence to be used by an invitee of the parent's | 9 |
| child or the guardian's
ward, if the invitee is under the age | 10 |
| of 21, in a manner that constitutes a
violation of this | 11 |
| Section. A parent or guardian is deemed to have permitted
his | 12 |
| or her residence to be used in violation of this Section if he | 13 |
| or she
knowingly authorizes, enables, or permits such use to | 14 |
| occur by failing to
control access to either the residence or | 15 |
| the alcoholic liquor maintained in
the residence. Any person | 16 |
| who violates this subsection (a-1) is guilty of a
Class A | 17 |
| misdemeanor and the person's sentence shall include, but shall | 18 |
| not be
limited to, a fine of not less than $500. Nothing in | 19 |
| this subsection (a-1)
shall be construed to prohibit the giving | 20 |
| of alcoholic liquor to a person under
the age of 21 years in | 21 |
| the performance of a religious ceremony or service.
| 22 |
| (b) Except as otherwise provided in this Section whoever | 23 |
| violates
this Section shall, in addition to other penalties | 24 |
| provided for in this
Act, be guilty of a Class A misdemeanor.
| 25 |
| (c) Any person shall be guilty of a Class A misdemeanor | 26 |
| where he or she
knowingly permits a gathering at a residence | 27 |
| which he or she occupies of
two or more persons where any one | 28 |
| or more of the persons is under 21
years of age and the | 29 |
| following factors also apply:
| 30 |
| (1) the person occupying the residence knows that any | 31 |
| such person under
the age of 21 is in possession of or is | 32 |
| consuming any alcoholic
beverage; and
| 33 |
| (2) the possession or consumption of the alcohol by the | 34 |
| person under
21 is not otherwise permitted by this Act; and
| 35 |
| (3) the person occupying the residence knows that the | 36 |
| person under the
age of 21 leaves the residence in an |
|
|
|
HB1295 Engrossed |
- 7 - |
LRB094 09936 LJB 40194 b |
|
| 1 |
| intoxicated condition.
| 2 |
| For the purposes of this subsection (c) where the residence | 3 |
| has an owner
and a tenant or lessee, there is a rebuttable | 4 |
| presumption that the residence
is occupied only by the tenant | 5 |
| or lessee.
| 6 |
| (d) Any person who rents a hotel or motel room from the | 7 |
| proprietor or agent
thereof for the purpose of or with the | 8 |
| knowledge that such room shall be
used for the consumption of | 9 |
| alcoholic liquor by persons under the age of 21
years shall be | 10 |
| guilty of a Class A misdemeanor.
| 11 |
| (e) Except as otherwise provided in this Act, any person | 12 |
| who has alcoholic
liquor in his or her possession on public | 13 |
| school district property on school
days or at events on public | 14 |
| school district property when children are present
is guilty of | 15 |
| a petty offense, unless the alcoholic liquor (i) is in the
| 16 |
| original container with the seal unbroken and is in the | 17 |
| possession of a person
who is not otherwise legally prohibited | 18 |
| from possessing the alcoholic liquor or
(ii) is in the | 19 |
| possession of a person in or for the performance of a religious
| 20 |
| service or ceremony authorized by the school board.
| 21 |
| (Source: P.A. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02;
92-507, | 22 |
| eff. 1-1-02; 92-651, eff. 7-11-02; 92-687, eff. 1-1-03 .)
|
|