(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate,
member, representative, agent, or employee of a licensee may sell, give, or
deliver alcoholic liquor to a person under the age of 21 years or authorize the
sale, gift, or delivery of alcoholic liquor to a person under the age of 21
years pursuant to a plan or action to investigate, patrol, or otherwise conduct
a "sting operation" or enforcement action against a person employed by the
licensee or on any licensed premises if the licensee or officer, associate,
member, representative, agent, or employee of the licensee provides written
notice, at least 14 days before the "sting operation" or enforcement action,
unless governing body of the municipality or county having jurisdiction sets a
shorter period by ordinance, to the law enforcement agency having jurisdiction,
the local liquor control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement action conducted
within 60 days of the provision of that notice, unless the governing body of
the municipality or county having jurisdiction sets a shorter period by
ordinance.
(b) A local liquor control commission or unit of local government that
conducts alcohol and tobacco compliance operations shall establish a policy and
standards for alcohol and tobacco compliance operations to investigate whether
a licensee is furnishing (1) alcoholic liquor to persons under 21 years of age
in violation of this Act or (2) tobacco to persons in violation of the Prevention of Tobacco Use by Persons under
21 Years of Age and Sale and Distribution of Tobacco Products Act.
(c) The Illinois Law Enforcement Training Standards Board shall
develop a model policy and guidelines for the operation of alcohol and tobacco
compliance checks by local law enforcement officers. The Illinois Law
Enforcement Training Standards Board shall also require the supervising
officers of such compliance checks to have met a minimum training standard as
determined by the Board. The Board shall have the right to waive any training
based on current written policies and procedures for alcohol and tobacco
compliance check operations and in-service training already administered by
the local law enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply to a home rule
unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more than 2,000,000
inhabitants, may not regulate enforcement actions in a manner inconsistent with
the regulation of enforcement actions under this Section. This subsection (e)
is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units
of powers and functions
exercised by the State.
(f) A licensee who is the subject of an enforcement action or "sting
operation" under this Section and is found, pursuant to the enforcement action,
to be in compliance with this Act shall be notified by the enforcement agency action that no violation was found within 30 days after the finding.
(Source: P.A. 101-2, eff. 7-1-19 .)
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