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[ 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.