State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB0155enr

      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 Enrolled                                LRB9000378LDdv
 1        AN ACT to  amend  the  Liquor  Control  Act  of  1934  by
 2    changing Section 6-16 and adding Section 6-16.1.
 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 and adding Section 6-16.1 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,  except  as
13    provided  in  Section  16.1.  No  person, after purchasing or
14    otherwise obtaining alcoholic liquor,  shall  sell,  give  or
15    deliver such alcoholic liquor to another person under the age
16    of  21  years,  except  in  the  performance  of  a religious
17    ceremony or service. Any person who violates  the  provisions
18    of this paragraph of this subsection (a) is guilty of a Class
19    A  misdemeanor  and  the person's sentence shall include, but
20    shall not be limited to, a fine of not less than $500.
21        For the purpose  of  preventing  the  violation  of  this
22    section,  any  licensee, or his agent or employee, may refuse
23    to sell or serve alcoholic beverages to  any  person  who  is
24    unable  to  produce adequate written evidence of identity and
25    of the fact that he or she is over the age of 21 years.
26        Adequate written evidence of  age  and  identity  of  the
27    person  is  a document issued by a federal, state, county, or
28    municipal  government,  or  subdivision  or  agency  thereof,
29    including, but not limited to,  a  motor  vehicle  operator's
30    license,  a registration certificate issued under the Federal
31    Selective Service Act, or an identification card issued to  a
HB0155 Enrolled            -2-                 LRB9000378LDdv
 1    member    of    the    Armed    Forces.    Proof   that   the
 2    defendant-licensee, or his employee or agent,  demanded,  was
 3    shown and reasonably relied upon such written evidence in any
 4    transaction,  forbidden  by  this  Section  is an affirmative
 5    defense  in any  criminal  prosecution  therefor  or  to  any
 6    proceedings  for  the suspension or revocation of any license
 7    based thereon. It  shall  not,  however,  be  an  affirmative
 8    defense  if  the  agent  or  employee  accepted  the  written
 9    evidence  knowing it to be false or fraudulent. If a false or
10    fraudulent   Illinois   driver's    license    or    Illinois
11    identification  card  is  presented  by a person less than 21
12    years of age  to  a  licensee  or  the  licensee's  agent  or
13    employee  for the purpose of ordering, purchasing, attempting
14    to purchase, or otherwise obtaining or attempting  to  obtain
15    the  serving  of  any alcoholic beverage, the law enforcement
16    officer or agency investigating the incident shall, upon  the
17    conviction of the person who presented the fraudulent license
18    or  identification,  make  a  report  of  the  matter  to the
19    Secretary of State on a form provided  by  the  Secretary  of
20    State.
21        However,  no  agent  or employee of the licensee shall be
22    disciplined or discharged for selling or furnishing liquor to
23    a person under 21 years of  age  if  the  agent  or  employee
24    demanded  and was shown, before furnishing liquor to a person
25    under 21 years of age, adequate written evidence of  age  and
26    identity  of the person issued by a federal, state, county or
27    municipal  government,  or  subdivision  or  agency  thereof,
28    including but not  limited  to  a  motor  vehicle  operator's
29    license,  a registration certificate issued under the Federal
30    Selective Service Act, or an identification card issued to  a
31    member  of  the  Armed Forces. This paragraph, however, shall
32    not apply if the  agent  or  employee  accepted  the  written
33    evidence knowing it to be false or fraudulent.
34        Any  person  who sells, gives, or furnishes to any person
HB0155 Enrolled            -3-                 LRB9000378LDdv
 1    under the age of 21 years any false  or  fraudulent  written,
 2    printed,  or  photostatic evidence of the age and identity of
 3    such person or who sells, gives or furnishes  to  any  person
 4    under  the age of 21 years evidence of age and identification
 5    of any other person is guilty of a Class  A  misdemeanor  and
 6    the person's sentence shall include, but shall not be limited
 7    to, a fine of not less than $500.
 8        Any  person  under  the  age  of 21 years who presents or
 9    offers to any licensee, his agent or employee,  any  written,
10    printed  or photostatic evidence of age and identity which is
11    false, fraudulent, or not actually his own for the purpose of
12    ordering, purchasing, attempting  to  purchase  or  otherwise
13    procuring  or  attempting  to  procure,  the  serving  of any
14    alcoholic beverage, or who has in his possession any false or
15    fraudulent written, printed, or photostatic evidence  of  age
16    and  identity,  is  guilty  of  a Class B misdemeanor and the
17    person's sentence shall include, but shall not be limited to,
18    one of the following:  (i) a fine of not less than  $250,  or
19    (ii)  at  least  25 hours of community service.  If possible,
20    any community service shall be performed for an alcohol abuse
21    prevention program.
22        Any person  under  the  age  of  21  years  who  has  any
23    alcoholic beverage in his possession on any street or highway
24    or  in any public place or in any place open to the public is
25    guilty of a Class B misdemeanor.  This Section does not apply
26    to possession by a person under the age of 21 years making  a
27    delivery  of  an alcoholic beverage in pursuance of the order
28    of  his  or  her  parent  or  in  pursuance  of  his  or  her
29    employment.
30        (a-1)  It is unlawful  for  any  parent  or  guardian  to
31    permit  his  or her residence to be used by an invitee of the
32    parent's child or the guardian's  ward,  if  the  invitee  is
33    under the age of 21, in a manner that constitutes a violation
34    of  this  Section.   A  parent  or guardian is deemed to have
HB0155 Enrolled            -4-                 LRB9000378LDdv
 1    permitted his or her residence to be  used  in  violation  of
 2    this  Section  if he or she knowingly authorizes, enables, or
 3    permits such use to occur by failing  to  control  access  to
 4    either  the  residence  or the alcoholic liquor maintained in
 5    the residence.  Any person who violates this subsection (a-1)
 6    is guilty of a Class A misdemeanor and the person's  sentence
 7    shall  include,  but  shall  not be limited to, a fine of not
 8    less than $500.  Nothing in this subsection  (a-1)  shall  be
 9    construed  to  prohibit  the  giving of alcoholic liquor to a
10    person under the age of 21 years  in  the  performance  of  a
11    religious ceremony or service.
12        (b)  Except as otherwise provided in this Section whoever
13    violates  this  Section shall, in addition to other penalties
14    provided for in this Act, be guilty of a Class A misdemeanor.
15        (c)  Any person shall be guilty of a Class A  misdemeanor
16    where  he or she knowingly permits a gathering at a residence
17    which he or she occupies of two or more persons where any one
18    or more of the persons is under  21  years  of  age  and  the
19    following factors also apply:
20             (1)  the  person  occupying the residence knows that
21        any such person under the age of 21 is in  possession  of
22        or is consuming any alcoholic beverage; and
23             (2)  the possession or consumption of the alcohol by
24        the  person  under  21 is not otherwise permitted by this
25        Act; and
26             (3)  the person occupying the residence  knows  that
27        the person under the age of 21 leaves the residence in an
28        intoxicated condition.
29        For  the  purposes  of  this  subsection  (c)  where  the
30    residence  has  an  owner  and a tenant or lessee, there is a
31    rebuttable presumption that the residence is occupied only by
32    the tenant or lessee.
33        (d)  Any person who rents a hotel or motel room from  the
34    proprietor  or  agent  thereof for the purpose of or with the
HB0155 Enrolled            -5-                 LRB9000378LDdv
 1    knowledge that such room shall be used for the consumption of
 2    alcoholic liquor by persons under the age of 21  years  shall
 3    be guilty of a Class A misdemeanor.
 4    (Source: P.A.  88-213;  88-613,  eff.  1-1-95;  89-250,  eff.
 5    1-1-96.)
 6        (235 ILCS 5/6-16.1 new)
 7        Sec.  6-16.1.   Enforcement  actions.   A  licensee or an
 8    officer,  associate,  member,   representative,   agent,   or
 9    employee  of  a licensee may sell, give, or deliver alcoholic
10    liquor to a person under the age of 21 years or authorize the
11    sale, gift, or delivery of alcoholic liquor to a person under
12    the age  of  21  years  pursuant  to  a  plan  or  action  to
13    investigate, patrol, or otherwise conduct a "sting operation"
14    or  enforcement  action  against  a  person  employed  by the
15    licensee or on any  licensed  premises  if  the  licensee  or
16    officer,   associate,   member,   representative,  agent,  or
17    employee of the licensee provides written notice, at least 14
18    days before the  "sting  operation"  or  enforcement  action,
19    unless  governing  body  of the municipality or county having
20    jurisdiction sets a shorter period by ordinance, to  the  law
21    enforcement  agency  having  jurisdiction,  the  local liquor
22    control commissioner, or both.  Notice  provided  under  this
23    Section shall be valid for a "sting operation" or enforcement
24    action  conducted  within  60  days  of the provision of that
25    notice, unless the governing  body  of  the  municipality  or
26    county   having   jurisdiction   sets  a  shorter  period  by
27    ordinance.
28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

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