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92_HB1000enr HB1000 Enrolled LRB9205570LDprA 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Sections 6-16 and 8-12 as follows: 6 (235 ILCS 5/6-16) (from Ch. 43, par. 131) 7 Sec. 6-16. Prohibited sales and possession. 8 (a) (i) No licensee nor any officer, associate, member, 9 representative, agent, or employee of such licensee shall 10 sell, give, or deliver alcoholic liquor to any person under 11 the age of 21 years or to any intoxicated person, except as 12 provided in Section 6-16.1. (ii) No express company, common 13 carrier, or contract carrier nor any representative, agent, 14 or employee on behalf of an express company, common carrier, 15 or contract carrier that carries or transports alcoholic 16 liquor for delivery within this State shall knowingly give or 17 knowingly deliver to a residential address any shipping 18 container clearly labeled as containing alcoholic liquor and 19 labeled as requiring signature of an adult of at least 21 20 years of age to any person in this State under the age of 21 21 years. An express company, common carrier, or contract 22 carrier that carries or transports such alcoholic liquor for 23 delivery within this State shall obtain a signature at the 24 time of delivery acknowledging receipt of the alcoholic 25 liquor by an adult who is at least 21 years of age. At no 26 time while delivering alcoholic beverages within this State 27 may any representative, agent, or employee of an express 28 company, common carrier, or contract carrier that carries or 29 transports alcoholic liquor for delivery within this State 30 deliver the alcoholic liquor to a residential address without 31 the acknowledgment of the consignee and without first HB1000 Enrolled -2- LRB9205570LDprA 1 obtaining a signature at the time of the delivery by an adult 2 who is at least 21 years of age. A signature of a person on 3 file with the express company, common carrier, or contract 4 carrier does not constitute acknowledgement of the consignee. 5 Any express company, common carrier, or contract carrier that 6 transports alcoholic liquor for delivery within this State 7 that violates this item (ii) of this subsection (a) by 8 delivering alcoholic liquor without the acknowledgement of 9 the consignee and without first obtaining a signature at the 10 time of the delivery by an adult who is at least 21 years of 11 age is guilty of a business offense for which the express 12 company, common carrier, or contract carrier that transports 13 alcoholic liquor within this State shall be fined not more 14 than $1,001 for a first offense, not more than $5,000 for a 15 second offense, and not more than $10,000 for a third or 16 subsequent offense. An express company, common carrier, or 17 contract carrier shall be held vicariously liable for the 18 actions of its representatives, agents, or employees. For 19 purposes of this Act, in addition to other methods authorized 20 by law, an express company, common carrier, or contract 21 carrier shall be considered served with process when a 22 representative, agent, or employee alleged to have violated 23 this Act is personally served. Each shipment of alcoholic 24 liquor delivered in violation of this item (ii) of this 25 subsection (a) constitutes a separate offense. (iii) No 26 person, after purchasing or otherwise obtaining alcoholic 27 liquor, shall sell, give, or deliver such alcoholic liquor to 28 another person under the age of 21 years, except in the 29 performance of a religious ceremony or service. Except as 30 otherwise provided in item (ii), any express company, common 31 carrier, or contract carrier that transports alcoholic liquor 32 within this State thatperson whoviolates the provisions of 33 item (i), (ii), or (iii) of this paragraph of this subsection 34 (a) is guilty of a Class A misdemeanor and theperson'sHB1000 Enrolled -3- LRB9205570LDprA 1 sentence shall include, but shall not be limited to, a fine 2 of not less than $500. 3 If a licensee or officer, associate, member, 4 representative, agent, or employee of the licensee, or a 5 representative, agent, or employee of an express company, 6 common carrier, or contract carrier that carries or 7 transports alcoholic liquor for delivery within this State, 8 is prosecuted under this paragraph of this subsection (a) for 9 selling, giving, or delivering alcoholic liquor to a person 10 under the age of 21 years, the person under 21 years of age 11 who attempted to buy or receive the alcoholic liquor may be 12 prosecuted pursuant to Section 6-20 of this Act, unless the 13 person under 21 years of age was acting under the authority 14 of a law enforcement agency, the Illinois Liquor Control 15 Commission, or a local liquor control commissioner pursuant 16 to a plan or action to investigate, patrol, or conduct any 17 similar enforcement action. 18 For the purpose of preventing the violation of this 19 Section, any licensee, or his agent or employee, or a 20 representative, agent, or employee of an express company, 21 common carrier, or contract carrier that carries or 22 transports alcoholic liquor for delivery within this State, 23 may refuse to sell, deliver, or serve alcoholic beverages to 24 any person who is unable to produce adequate written evidence 25 of identity and of the fact that he or she is over the age of 26 21 years. 27 Adequate written evidence of age and identity of the 28 person is a document issued by a federal, state, county, or 29 municipal government, or subdivision or agency thereof, 30 including, but not limited to, a motor vehicle operator's 31 license, a registration certificate issued under the Federal 32 Selective Service Act, or an identification card issued to a 33 member of the Armed Forces. Proof that the 34 defendant-licensee, or his employee or agent, or the HB1000 Enrolled -4- LRB9205570LDprA 1 representative, agent, or employee of the express company, 2 common carrier, or contract carrier that carries or 3 transports alcoholic liquor for delivery within this State 4 demanded, was shown and reasonably relied upon such written 5 evidence in any transaction forbidden by this Section is an 6 affirmative defense in any criminal prosecution therefor or 7 to any proceedings for the suspension or revocation of any 8 license based thereon. It shall not, however, be an 9 affirmative defense if the agent or employee accepted the 10 written evidence knowing it to be false or fraudulent. If a 11 false or fraudulent Illinois driver's license or Illinois 12 identification card is presented by a person less than 21 13 years of age to a licensee or the licensee's agent or 14 employee for the purpose of ordering, purchasing, attempting 15 to purchase, or otherwise obtaining or attempting to obtain 16 the serving of any alcoholic beverage, the law enforcement 17 officer or agency investigating the incident shall, upon the 18 conviction of the person who presented the fraudulent license 19 or identification, make a report of the matter to the 20 Secretary of State on a form provided by the Secretary of 21 State. 22 However, no agent or employee of the licensee or employee 23 of an express company, common carrier, or contract carrier 24 that carries or transports alcoholic liquor for delivery 25 within this State shall be disciplined or discharged for 26 selling or furnishing liquor to a person under 21 years of 27 age if the agent or employee demanded and was shown, before 28 furnishing liquor to a person under 21 years of age, adequate 29 written evidence of age and identity of the person issued by 30 a federal, state, county or municipal government, or 31 subdivision or agency thereof, including but not limited to a 32 motor vehicle operator's license, a registration certificate 33 issued under the Federal Selective Service Act, or an 34 identification card issued to a member of the Armed Forces. HB1000 Enrolled -5- LRB9205570LDprA 1 This paragraph, however, shall not apply if the agent or 2 employee accepted the written evidence knowing it to be false 3 or fraudulent. 4 Any person who sells, gives, or furnishes to any person 5 under the age of 21 years any false or fraudulent written, 6 printed, or photostatic evidence of the age and identity of 7 such person or who sells, gives or furnishes to any person 8 under the age of 21 years evidence of age and identification 9 of any other person is guilty of a Class A misdemeanor and 10 the person's sentence shall include, but shall not be limited 11 to, a fine of not less than $500. 12 Any person under the age of 21 years who presents or 13 offers to any licensee, his agent or employee, any written, 14 printed or photostatic evidence of age and identity that is 15 false, fraudulent, or not actually his or her own for the 16 purpose of ordering, purchasing, attempting to purchase or 17 otherwise procuring or attempting to procure, the serving of 18 any alcoholic beverage, who falsely states in writing that he 19 or she is at least 21 years of age when receiving alcoholic 20 liquor from a representative, agent, or employee of an 21 express company, common carrier, or contract carrier, or who 22 has in his or her possession any false or fraudulent written, 23 printed, or photostatic evidence of age and identity, is 24 guilty of a Class A misdemeanor and the person's sentence 25 shall include, but shall not be limited to, the following: a 26 fine of not less than $500 and at least 25 hours of community 27 service. If possible, any community service shall be 28 performed for an alcohol abuse prevention 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 misdemeanor. This Section does 33 not apply to possession by a person under the age of 21 years 34 making a delivery of an alcoholic beverage in pursuance of HB1000 Enrolled -6- LRB9205570LDprA 1 the order of his or her parent or in pursuance of his or her 2 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 HB1000 Enrolled -7- LRB9205570LDprA 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. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97; 12 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 13 8-13-98.) 14 (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4) 15 Sec. 8-12. It shall be the duty of every railroad 16 company, express company, common or contract carrier, and of 17 every person, firm or corporation that shall bring, carry or 18 transport alcoholic liquors into the State of Illinois for 19 delivery in said State or which are delivered in said State, 20 to prepare and file with the Department of Revenue for each 21 month, not later than the fifteenth day of the month 22 following that for which it is made, a report stating therein 23 the name of the company, carrier, person, firm or corporation 24 making the report,the address in Illinois at which the25records supporting such report are kept and are open to26inspection,the period of time covered by said report, the 27 name and business address of each consignor of such alcoholic 28 liquors, the name and business address of each consignee of 29 such alcoholic liquors, the kind and quantity of alcoholic 30 liquors delivered to each consignee, and the date or dates of 31 delivery. Such report shall be made upon forms prescribed and 32 made available by the Department and shall contain such other 33 information as may reasonably be required by the Department. HB1000 Enrolled -8- LRB9205570LDprA 1 The Department may establish procedures for electronic 2 transmissions of such information directly to the Department. 3 Such reports or information received by the Department shall 4 be made available by the Department to the Commission upon 5 the Commission's request. 6 In addition to any other reporting requirement imposed 7 under this Section, reports shall be filed for shipments to 8 end consumers in this State. In furtherance of this 9 requirement, it shall be the duty of every railroad company, 10 express company, common or contract carrier, person, firm, or 11 corporation that brings, carries, or transports alcoholic 12 liquor into Illinois for delivery in Illinois to prepare and 13 file with the Department for each month, not later than the 14 fifteenth day of the month following the month during which 15 the delivery is made, a report containing the name of the 16 company, carrier, person, firm, or corporation making the 17 report, the period of time covered by the report, the name 18 and business address of each consignor of the alcoholic 19 liquor, the name and the address of each consignee, and the 20 date of delivery. Such reports shall be made upon forms 21 prescribed and made by the Department and shall contain any 22 other information that the Department may reasonably require. 23 Such reports or information received by the Department shall 24 be made available by the Department to the State Commission 25 upon the State Commission's request. 26 Every railroad company, express company, common or 27 contract carrier, person, firm, or corporation filing or 28 required to file a report under this Section shall deliver 29 and make available to the Department, upon the Department's 30 request, the records supporting the report, within 30 days of 31 the request. The books, records, supporting papers and 32 documents containing information and data relating to such 33 reports shall be kept and preserved for a period of three 34 years, unless their destruction sooner is authorized, in HB1000 Enrolled -9- LRB9205570LDprA 1 writing, by the Director, and shall be open and available to 2 inspection by the Director of Revenue or the Commission or 3 any duly authorized officer, agent or employee of the 4 Department or the Commission, at all times during business 5 hours of the day. 6 Any person who violates any of the provisions of this 7 section or any of the rules and regulations of the Department 8 for the administration and enforcement of the provisions of 9 this section is guilty of a Class C misdemeanor. In case of a 10 continuing violation each day's continuance thereof shall be 11 a separate and distinct offense. 12 (Source: P.A. 90-739, eff. 8-13-98.)