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90_HB0155eng
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
HB0155 Engrossed 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 with prior written notice to the law enforcement agency
22 having jurisdiction, the local liquor control commissioner,
23 or both. No person, after purchasing or otherwise obtaining
24 alcoholic liquor, shall sell, give or deliver such alcoholic
25 liquor to another person under the age of 21 years, except in
26 the performance of a religious ceremony or service. Any
27 person who violates the provisions of this paragraph of this
28 subsection (a) is guilty of a Class A misdemeanor and the
29 person's sentence shall include, but shall not be limited to,
30 a fine of not less than $500.
31 For the purpose of preventing the violation of this
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1 section, any licensee, or his agent or employee, may refuse
2 to sell or serve alcoholic beverages to any person who is
3 unable to produce adequate written evidence of identity and
4 of the fact that he or she is over the age of 21 years.
5 Adequate written evidence of age and identity of the
6 person is a document issued by a federal, state, county, or
7 municipal government, or subdivision or agency thereof,
8 including, but not limited to, a motor vehicle operator's
9 license, a registration certificate issued under the Federal
10 Selective Service Act, or an identification card issued to a
11 member of the Armed Forces. Proof that the
12 defendant-licensee, or his employee or agent, demanded, was
13 shown and reasonably relied upon such written evidence in any
14 transaction, forbidden by this Section is an affirmative
15 defense in any criminal prosecution therefor or to any
16 proceedings for the suspension or revocation of any license
17 based thereon. It shall not, however, be an affirmative
18 defense if the agent or employee accepted the written
19 evidence knowing it to be false or fraudulent. If a false or
20 fraudulent Illinois driver's license or Illinois
21 identification card is presented by a person less than 21
22 years of age to a licensee or the licensee's agent or
23 employee for the purpose of ordering, purchasing, attempting
24 to purchase, or otherwise obtaining or attempting to obtain
25 the serving of any alcoholic beverage, the law enforcement
26 officer or agency investigating the incident shall, upon the
27 conviction of the person who presented the fraudulent license
28 or identification, make a report of the matter to the
29 Secretary of State on a form provided by the Secretary of
30 State.
31 However, no agent or employee of the licensee shall be
32 disciplined or discharged for selling or furnishing liquor to
33 a person under 21 years of age if the agent or employee
34 demanded and was shown, before furnishing liquor to a person
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1 under 21 years of age, adequate written evidence of age and
2 identity of the person issued by a federal, state, county or
3 municipal government, or subdivision or agency thereof,
4 including but not limited to a motor vehicle operator's
5 license, a registration certificate issued under the Federal
6 Selective Service Act, or an identification card issued to a
7 member of the Armed Forces. This paragraph, however, shall
8 not apply if the agent or employee accepted the written
9 evidence knowing it to be false or fraudulent.
10 Any person who sells, gives, or furnishes to any person
11 under the age of 21 years any false or fraudulent written,
12 printed, or photostatic evidence of the age and identity of
13 such person or who sells, gives or furnishes to any person
14 under the age of 21 years evidence of age and identification
15 of any other person is guilty of a Class A misdemeanor and
16 the person's sentence shall include, but shall not be limited
17 to, a fine of not less than $500.
18 Any person under the age of 21 years who presents or
19 offers to any licensee, his agent or employee, any written,
20 printed or photostatic evidence of age and identity which is
21 false, fraudulent, or not actually his own for the purpose of
22 ordering, purchasing, attempting to purchase or otherwise
23 procuring or attempting to procure, the serving of any
24 alcoholic beverage, or who has in his possession any false or
25 fraudulent written, printed, or photostatic evidence of age
26 and identity, is guilty of a Class B misdemeanor and the
27 person's sentence shall include, but shall not be limited to,
28 one of the following: (i) a fine of not less than $250, or
29 (ii) at least 25 hours of community service. If possible,
30 any community service shall be performed for an alcohol abuse
31 prevention program.
32 Any person under the age of 21 years who has any
33 alcoholic beverage in his possession on any street or highway
34 or in any public place or in any place open to the public is
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1 guilty of a Class B misdemeanor. This Section does not apply
2 to possession by a person under the age of 21 years making a
3 delivery of an alcoholic beverage in pursuance of the order
4 of his or her parent or in pursuance of his or her
5 employment.
6 (a-1) It is unlawful for any parent or guardian to
7 permit his or her residence to be used by an invitee of the
8 parent's child or the guardian's ward, if the invitee is
9 under the age of 21, in a manner that constitutes a violation
10 of this Section. A parent or guardian is deemed to have
11 permitted his or her residence to be used in violation of
12 this Section if he or she knowingly authorizes, enables, or
13 permits such use to occur by failing to control access to
14 either the residence or the alcoholic liquor maintained in
15 the residence. Any person who violates this subsection (a-1)
16 is guilty of a Class A misdemeanor and the person's sentence
17 shall include, but shall not be limited to, a fine of not
18 less than $500. Nothing in this subsection (a-1) shall be
19 construed to prohibit the giving of alcoholic liquor to a
20 person under the age of 21 years in the performance of a
21 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
31 any such person under the age of 21 is in possession of
32 or is consuming any alcoholic beverage; and
33 (2) the possession or consumption of the alcohol by
34 the person under 21 is not otherwise permitted by this
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1 Act; and
2 (3) the person occupying the residence knows that
3 the person under the age of 21 leaves the residence in an
4 intoxicated condition.
5 For the purposes of this subsection (c) where the
6 residence has an owner and a tenant or lessee, there is a
7 rebuttable presumption that the residence is occupied only by
8 the tenant or lessee.
9 (d) Any person who rents a hotel or motel room from the
10 proprietor or agent thereof for the purpose of or with the
11 knowledge that such room shall be used for the consumption of
12 alcoholic liquor by persons under the age of 21 years shall
13 be guilty of a Class A misdemeanor.
14 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
15 1-1-96.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.