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| [ Senate Amendment 001 ] |
90_HB0155
235 ILCS 5/6-16 from Ch. 43, par. 131
Amends the Liquor Control Act of 1934. Provides that a
licensee shall not sell, give, or deliver or authorize the
sale, gift, or delivery of alcohol 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 except in
cooperation with a law enforcement agency. Effective
immediately.
LRB9000378LDdv
LRB9000378LDdv
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
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) No licensee nor any officer, associate, member,
10 representative, agent, or employee of such licensee shall
11 sell, give, or deliver alcoholic liquor to any person under
12 the age of 21 years or to any intoxicated person. No
13 licensee nor any officer, associate, member, representative,
14 agent, or employee of that licensee shall sell, give, or
15 deliver alcoholic liquor to a person under the age of 21
16 years or authorize the sale, gift, or delivery of alcoholic
17 liquor to a person under the age of 21 years pursuant to a
18 plan or action to investigate, patrol, or otherwise conduct a
19 "sting operation" or enforcement action against a person
20 employed by the licensee or on any licensed premises except
21 in cooperation with a law enforcement agency. No person,
22 after purchasing or otherwise obtaining alcoholic liquor,
23 shall sell, give or deliver such alcoholic liquor to another
24 person under the age of 21 years, except in the performance
25 of a religious ceremony or service. Any person who violates
26 the provisions of this paragraph of this subsection (a) is
27 guilty of a Class A misdemeanor and the person's sentence
28 shall include, but shall not be limited to, a fine of not
29 less than $500.
30 For the purpose of preventing the violation of this
31 section, any licensee, or his agent or employee, may refuse
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1 to sell or serve alcoholic beverages to any person who is
2 unable to produce adequate written evidence of identity and
3 of the fact that he or she is over the age of 21 years.
4 Adequate written evidence of age and identity of the
5 person is a document issued by a federal, state, county, or
6 municipal government, or subdivision or agency thereof,
7 including, but not limited to, a motor vehicle operator's
8 license, a registration certificate issued under the Federal
9 Selective Service Act, or an identification card issued to a
10 member of the Armed Forces. Proof that the
11 defendant-licensee, or his employee or agent, demanded, was
12 shown and reasonably relied upon such written evidence in any
13 transaction, forbidden by this Section is an affirmative
14 defense in any criminal prosecution therefor or to any
15 proceedings for the suspension or revocation of any license
16 based thereon. It shall not, however, be an affirmative
17 defense if the agent or employee accepted the written
18 evidence knowing it to be false or fraudulent. If a false or
19 fraudulent Illinois driver's license or Illinois
20 identification card is presented by a person less than 21
21 years of age to a licensee or the licensee's agent or
22 employee for the purpose of ordering, purchasing, attempting
23 to purchase, or otherwise obtaining or attempting to obtain
24 the serving of any alcoholic beverage, the law enforcement
25 officer or agency investigating the incident shall, upon the
26 conviction of the person who presented the fraudulent license
27 or identification, make a report of the matter to the
28 Secretary of State on a form provided by the Secretary of
29 State.
30 However, no agent or employee of the licensee shall be
31 disciplined or discharged for selling or furnishing liquor to
32 a person under 21 years of age if the agent or employee
33 demanded and was shown, before furnishing liquor to a person
34 under 21 years of age, adequate written evidence of age and
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1 identity of the person issued by a federal, state, county or
2 municipal government, or subdivision or agency thereof,
3 including but not limited to a motor vehicle operator's
4 license, a registration certificate issued under the Federal
5 Selective Service Act, or an identification card issued to a
6 member of the Armed Forces. This paragraph, however, shall
7 not apply if the agent or employee accepted the written
8 evidence knowing it to be false or fraudulent.
9 Any person who sells, gives, or furnishes to any person
10 under the age of 21 years any false or fraudulent written,
11 printed, or photostatic evidence of the age and identity of
12 such person or who sells, gives or furnishes to any person
13 under the age of 21 years evidence of age and identification
14 of any other person is guilty of a Class A misdemeanor and
15 the person's sentence shall include, but shall not be limited
16 to, a fine of not less than $500.
17 Any person under the age of 21 years who presents or
18 offers to any licensee, his agent or employee, any written,
19 printed or photostatic evidence of age and identity which is
20 false, fraudulent, or not actually his own for the purpose of
21 ordering, purchasing, attempting to purchase or otherwise
22 procuring or attempting to procure, the serving of any
23 alcoholic beverage, or who has in his possession any false or
24 fraudulent written, printed, or photostatic evidence of age
25 and identity, is guilty of a Class B misdemeanor and the
26 person's sentence shall include, but shall not be limited to,
27 one of the following: (i) a fine of not less than $250, or
28 (ii) at least 25 hours of community service. If possible,
29 any community service shall be performed for an alcohol abuse
30 prevention program.
31 Any person under the age of 21 years who has any
32 alcoholic beverage in his possession on any street or highway
33 or in any public place or in any place open to the public is
34 guilty of a Class B misdemeanor. This Section does not apply
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1 to possession by a person under the age of 21 years making a
2 delivery of an alcoholic beverage in pursuance of the order
3 of his or her parent or in pursuance of his or her regular
4 employment.
5 (a-1) It is unlawful for any parent or guardian to
6 permit his or her residence to be used by an invitee of the
7 parent's child or the guardian's ward, if the invitee is
8 under the age of 21, in a manner that constitutes a violation
9 of this Section. A parent or guardian is deemed to have
10 permitted his or her residence to be used in violation of
11 this Section if he or she knowingly authorizes, enables, or
12 permits such use to occur by failing to control access to
13 either the residence or the alcoholic liquor maintained in
14 the residence. Any person who violates this subsection (a-1)
15 is guilty of a Class A misdemeanor and the person's sentence
16 shall include, but shall not be limited to, a fine of not
17 less than $500. Nothing in this subsection (a-1) shall be
18 construed to prohibit the giving of alcoholic liquor to a
19 person under the age of 21 years in the performance of a
20 religious ceremony or service.
21 (b) Except as otherwise provided in this Section whoever
22 violates this Section shall, in addition to other penalties
23 provided for in this Act, be guilty of a Class A misdemeanor.
24 (c) Any person shall be guilty of a Class A misdemeanor
25 where he or she knowingly permits a gathering at a residence
26 which he or she occupies of two or more persons where any one
27 or more of the persons is under 21 years of age and the
28 following factors also apply:
29 (1) the person occupying the residence knows that
30 any such person under the age of 21 is in possession of
31 or is consuming any alcoholic beverage; and
32 (2) the possession or consumption of the alcohol by
33 the person under 21 is not otherwise permitted by this
34 Act; and
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1 (3) the person occupying the residence knows that
2 the person under the age of 21 leaves the residence in an
3 intoxicated condition.
4 For the purposes of this subsection (c) where the
5 residence has an owner and a tenant or lessee, there is a
6 rebuttable presumption that the residence is occupied only by
7 the tenant or lessee.
8 (d) Any person who rents a hotel or motel room from the
9 proprietor or agent thereof for the purpose of or with the
10 knowledge that such room shall be used for the consumption of
11 alcoholic liquor by persons under the age of 21 years shall
12 be guilty of a Class A misdemeanor.
13 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
14 1-1-96.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.