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90_HB1864
235 ILCS 5/6-16 from Ch. 43, par. 131
235 ILCS 5/6-20 from Ch. 43, par. 134a
Amends the Liquor Control Act of 1934. Provides that if
a licensee is prosecuted for providing alcoholic liquor to a
person under 21 years of age, then the person under 21 years
of age shall also be prosecuted under the Act for receiving
the alcoholic liquor. Provides that it is a Class A (now
Class B) misdemeanor for a person under 21 years of age to
present fraudulent identification to a licensee for the
purpose of attempting to procure an alcoholic beverage and
that the sentence of the person shall include a fine of not
less than $500 and at least 25 hours of community service
(now a fine of not less than $250 or at least 25 hours of
community service). Provides that it is a Class A (now Class
C) misdemeanor for a person under 21 years of age to have any
alcoholic beverage in his or her possession on any street or
highway or in any public place or place open to the public.
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1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 6-16 and 6-20.
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 Sections 6-16 and 6-20 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 person,
13 after purchasing or otherwise obtaining alcoholic liquor,
14 shall sell, give, or deliver such alcoholic liquor to another
15 person under the age of 21 years, except in the performance
16 of a religious ceremony or service. Any person who violates
17 the provisions of this paragraph of this subsection (a) is
18 guilty of a Class A misdemeanor and the person's sentence
19 shall include, but shall not be limited to, a fine of not
20 less than $500. If a licensee or officer, associate, member,
21 representative, agent, or employee of the licensee is
22 prosecuted under this paragraph of this subsection (a) for
23 selling, giving, or delivering alcoholic liquor to a person
24 under the age of 21 years, the person under 21 years of age
25 who attempted to buy or receive the alcoholic liquor shall be
26 prosecuted pursuant to Section 6-20 of this Act.
27 For the purpose of preventing the violation of this
28 section, any licensee, or his agent or employee, may refuse
29 to sell or serve alcoholic beverages to any person who is
30 unable to produce adequate written evidence of identity and
31 of the fact that he or she is over the age of 21 years.
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1 Adequate written evidence of age and identity of the
2 person is a document 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. Proof that the
8 defendant-licensee, or his employee or agent, demanded, was
9 shown and reasonably relied upon such written evidence in any
10 transaction, forbidden by this Section is an affirmative
11 defense in any criminal prosecution therefor or to any
12 proceedings for the suspension or revocation of any license
13 based thereon. It shall not, however, be an affirmative
14 defense if the agent or employee accepted the written
15 evidence knowing it to be false or fraudulent. If a false or
16 fraudulent Illinois driver's license or Illinois
17 identification card is presented by a person less than 21
18 years of age to a licensee or the licensee's agent or
19 employee for the purpose of ordering, purchasing, attempting
20 to purchase, or otherwise obtaining or attempting to obtain
21 the serving of any alcoholic beverage, the law enforcement
22 officer or agency investigating the incident shall, upon the
23 conviction of the person who presented the fraudulent license
24 or identification, make a report of the matter to the
25 Secretary of State on a form provided by the Secretary of
26 State.
27 However, no agent or employee of the licensee shall be
28 disciplined or discharged for selling or furnishing liquor to
29 a person under 21 years of age if the agent or employee
30 demanded and was shown, before furnishing liquor to a person
31 under 21 years of age, adequate written evidence of age and
32 identity of the person issued by a federal, state, county or
33 municipal government, or subdivision or agency thereof,
34 including but not limited to a motor vehicle operator's
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1 license, a registration certificate issued under the Federal
2 Selective Service Act, or an identification card issued to a
3 member of the Armed Forces. This paragraph, however, shall
4 not apply if the agent or employee accepted the written
5 evidence knowing it to be false or fraudulent.
6 Any person who sells, gives, or furnishes to any person
7 under the age of 21 years any false or fraudulent written,
8 printed, or photostatic evidence of the age and identity of
9 such person or who sells, gives or furnishes to any person
10 under the age of 21 years evidence of age and identification
11 of any other person is guilty of a Class A misdemeanor and
12 the person's sentence shall include, but shall not be limited
13 to, a fine of not less than $500.
14 Any person under the age of 21 years who presents or
15 offers to any licensee, his agent or employee, any written,
16 printed or photostatic evidence of age and identity that
17 which is false, fraudulent, or not actually his or her own
18 for the purpose of ordering, purchasing, attempting to
19 purchase or otherwise procuring or attempting to procure, the
20 serving of any alcoholic beverage, or who has in his or her
21 possession any false or fraudulent written, printed, or
22 photostatic evidence of age and identity, is guilty of a
23 Class A B misdemeanor and the person's sentence shall
24 include, but shall not be limited to, one of the following:
25 (i) a fine of not less than $500 and $250, or (ii) at least
26 25 hours of community service. If possible, any community
27 service shall be performed for an alcohol abuse prevention
28 program.
29 Any person under the age of 21 years who has any
30 alcoholic beverage in his or her possession on any street or
31 highway or in any public place or in any place open to the
32 public is guilty of a Class A B misdemeanor. This Section
33 does not apply to possession by a person under the age of 21
34 years making a delivery of an alcoholic beverage in pursuance
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1 of the order of his or her parent or in pursuance of his or
2 her employment.
3 (a-1) It is unlawful for any parent or guardian to
4 permit his or her residence to be used by an invitee of the
5 parent's child or the guardian's ward, if the invitee is
6 under the age of 21, in a manner that constitutes a violation
7 of this Section. A parent or guardian is deemed to have
8 permitted his or her residence to be used in violation of
9 this Section if he or she knowingly authorizes, enables, or
10 permits such use to occur by failing to control access to
11 either the residence or the alcoholic liquor maintained in
12 the residence. Any person who violates this subsection (a-1)
13 is guilty of a Class A misdemeanor and the person's sentence
14 shall include, but shall not be limited to, a fine of not
15 less than $500. Nothing in this subsection (a-1) shall be
16 construed to prohibit the giving of alcoholic liquor to a
17 person under the age of 21 years in the performance of a
18 religious ceremony or service.
19 (b) Except as otherwise provided in this Section whoever
20 violates this Section shall, in addition to other penalties
21 provided for in this Act, be guilty of a Class A misdemeanor.
22 (c) Any person shall be guilty of a Class A misdemeanor
23 where he or she knowingly permits a gathering at a residence
24 which he or she occupies of two or more persons where any one
25 or more of the persons is under 21 years of age and the
26 following factors also apply:
27 (1) the person occupying the residence knows that
28 any such person under the age of 21 is in possession of
29 or is consuming any alcoholic beverage; and
30 (2) the possession or consumption of the alcohol by
31 the person under 21 is not otherwise permitted by this
32 Act; and
33 (3) the person occupying the residence knows that
34 the person under the age of 21 leaves the residence in an
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1 intoxicated condition.
2 For the purposes of this subsection (c) where the
3 residence has an owner and a tenant or lessee, there is a
4 rebuttable presumption that the residence is occupied only by
5 the tenant or lessee.
6 (d) Any person who rents a hotel or motel room from the
7 proprietor or agent thereof for the purpose of or with the
8 knowledge that such room shall be used for the consumption of
9 alcoholic liquor by persons under the age of 21 years shall
10 be guilty of a Class A misdemeanor.
11 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
12 1-1-96.)
13 (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
14 Sec. 6-20. Any person to whom the sale, gift or delivery
15 of any alcoholic liquor is prohibited because of age shall
16 not purchase, or accept a gift of such alcoholic liquor or
17 have such alcoholic liquor in his possession.
18 If a licensee or his or her agents or employees believes
19 or has reason to believe that a sale or delivery of any
20 alcoholic liquor is prohibited because of the non-age of the
21 prospective recipient, he or she shall, before making such
22 sale or delivery demand presentation of some form of positive
23 identification, containing proof of age, issued by a public
24 officer in the performance of his or her official duties.
25 No person shall transfer, alter, or deface such an
26 identification card; use the identification card of another;
27 carry or use a false or forged identification card; or obtain
28 an identification card by means of false information. No
29 person shall purchase, accept delivery or have possession of
30 alcoholic liquor in violation of this Section. The
31 consumption of alcoholic liquor by any person under 21 years
32 of age is forbidden. Whoever violates any provisions of this
33 Section shall be guilty of a Class A C misdemeanor.
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1 The possession and dispensing, or consumption by a person
2 under 21 years of age of alcoholic liquor in the performance
3 of a religious service or ceremony, or the consumption by a
4 person under 21 years of age under the direct supervision and
5 approval of the parents or parent or those persons standing
6 in loco parentis of such person under 21 years of age in the
7 privacy of a home, is not prohibited by this Act.
8 (Source: P.A. 83-834.)