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92_HB3735
LRB9210023LDtm
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 adding Section 6-16.3 as follows:
6 (235 ILCS 5/6-16.3 new)
7 Sec 6-16.3. Mandatory identification examination.
8 (a) In addition to other requirements of this Act, a
9 holder of a retailer's license shall be required to ask for
10 and examine identification of any individual who attempts to
11 purchase alcoholic liquor to determine whether the individual
12 can lawfully purchase alcoholic liquor. The form of the
13 identification shall be in the discretion of the licensee and
14 may include a driver's license, State identification card,
15 identification showing evidence of membership in an
16 organization that requires its members to be at least 50
17 years of age, or other identification that unmistakably
18 depicts the holder to be over 21 years of age. As an
19 alternative to the identification examination required under
20 this Section, the licensee may register the identification
21 information, including a photograph, of any of its customers
22 and keep such information on file on the premises. If a
23 licensee keeps customer information on file, when a customer
24 who elects to keep his or her information on file attempts to
25 purchase alcohol, the file must be reviewed by the licensee
26 or its agent. The mandatory identification examination may be
27 required of licensees under this Act other than retailer's
28 licensees for such duration, not to exceed one year, as may
29 be ordered by the State Commission pursuant to this Act.
30 (b) A establishment operated by a retailer's licensee
31 and any other establishment that is subject to mandatory
-2- LRB9210023LDtm
1 identification examination shall display a sign on the
2 licensed premises advising the customers of the mandatory
3 identification examination requirement, which sign shall be
4 provided by the State Commission and be in a form approved by
5 the State Commission.
6 (c) The State Commission shall have the right to hold a
7 hearing for any licensee upon whom a notice of violation has
8 been served and to examine or cause to be examined the books
9 and records of any such licensee, to hear testimony and take
10 proof concerning the performance of his or her duties, and to
11 issue subpoenas, which shall be effective in any part of this
12 State.
13 If, after a hearing on an alleged violation, the State
14 Commission finds that there was any violation of this
15 Section, it may suspend or revoke the licensee's license,
16 fine the licensee, or both for any violation of any provision
17 of this Section. If the State Commission suspends a license
18 pursuant to this Section, the term of the suspension shall be
19 at least one day but not more than 30 days. If the State
20 Commission elects to fine a licensee pursuant to this
21 Section, the minimum fine for each offense shall be $250,
22 except for offenses involving mandatory identification
23 examination, in which case the minimum fine shall be $50, and
24 the maximum fine shall be $2,500 for each offense. The State
25 Commission is further authorized to assess the licensee for
26 all costs associated with the hearing, including attorney
27 fees and court reporter fees.
28 (d) In addition to the imposition of fines and costs as
29 provided in this Section, the State Commission may require
30 the mandatory identification examination of all customers
31 purchasing or consuming alcohol on the licensed premises.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.