State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB1527

 
                                               LRB9209623LDpr

 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 Section 6-16 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  that  carries  or transports
14    alcoholic  liquor  for  delivery  within  this  State   shall
15    knowingly  give or knowingly deliver to a residential address
16    any  shipping  container  clearly   labeled   as   containing
17    alcoholic  liquor  and  labeled  as requiring signature of an
18    adult of at least 21 years of age to any person in this State
19    under the  age  of  21  years.  An  express  company,  common
20    carrier,  or contract carrier that carries or transports such
21    alcoholic liquor for delivery within this State shall  obtain
22    a  signature acknowledging receipt of the alcoholic liquor by
23    an adult who is at least 21 years of age.  (iii)  No  person,
24    after  purchasing  or  otherwise  obtaining alcoholic liquor,
25    shall sell, give, or deliver such alcoholic liquor to another
26    person under the age of 21 years, except in  the  performance
27    of  a religious ceremony or service.  Any person who violates
28    the provisions of item (i), (ii), or (iii) of this  paragraph
29    of this subsection (a) is guilty of a Class A misdemeanor and
30    the person's sentence shall include, but shall not be limited
31    to, a fine of not less than $500.
 
                            -2-                LRB9209623LDpr
 1        If    a   licensee   or   officer,   associate,   member,
 2    representative, agent, or employee  of  the  licensee,  or  a
 3    representative,  agent,  or  employee  of an express company,
 4    common  carrier,  or  contract  carrier   that   carries   or
 5    transports  alcoholic  liquor for delivery within this State,
 6    is prosecuted under this paragraph of this subsection (a) for
 7    selling, giving, or delivering alcoholic liquor to  a  person
 8    under  the  age of 21 years, the person under 21 years of age
 9    who attempted to buy or receive the alcoholic liquor  may  be
10    prosecuted  pursuant  to Section 6-20 of this Act, unless the
11    person under 21 years of age was acting under  the  authority
12    of  a  law  enforcement  agency,  the Illinois Liquor Control
13    Commission, or a local liquor control  commissioner  pursuant
14    to  a  plan  or action to investigate, patrol, or conduct any
15    similar enforcement action.
16        For the purpose  of  preventing  the  violation  of  this
17    Section,  any  licensee,  or  his  agent  or  employee,  or a
18    representative, agent, or employee  of  an  express  company,
19    common   carrier,   or   contract  carrier  that  carries  or
20    transports alcoholic liquor for delivery within  this  State,
21    may  refuse to sell, deliver, or serve alcoholic beverages to
22    any person who is unable to produce adequate written evidence
23    of identity and of the fact that he or she is over the age of
24    21 years.
25        Adequate written evidence of  age  and  identity  of  the
26    person  is  a document 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.    Proof   that   the
32    defendant-licensee,  or  his  employee  or  agent,   or   the
33    representative,  agent,  or  employee of the express company,
34    common  carrier,  or  contract  carrier   that   carries   or
 
                            -3-                LRB9209623LDpr
 1    transports  alcoholic  liquor  for delivery within this State
 2    demanded, was shown and reasonably relied upon  such  written
 3    evidence  in  any transaction forbidden by this Section is an
 4    affirmative defense in any criminal prosecution  therefor  or
 5    to  any  proceedings  for the suspension or revocation of any
 6    license  based  thereon.    It  shall  not,  however,  be  an
 7    affirmative defense if the agent  or  employee  accepted  the
 8    written  evidence knowing it to be false or fraudulent.  If a
 9    false or fraudulent Illinois  driver's  license  or  Illinois
10    identification  card  is  presented  by a person less than 21
11    years of age  to  a  licensee  or  the  licensee's  agent  or
12    employee  for the purpose of ordering, purchasing, attempting
13    to purchase, or otherwise obtaining or attempting  to  obtain
14    the  serving  of  any alcoholic beverage, the law enforcement
15    officer or agency investigating the incident shall, upon  the
16    conviction of the person who presented the fraudulent license
17    or  identification,  make  a  report  of  the  matter  to the
18    Secretary of State on a form provided  by  the  Secretary  of
19    State.
20        However,  no  agent  or employee of the licensee shall be
21    disciplined or discharged for selling or furnishing liquor to
22    a person under 21 years of  age  if  the  agent  or  employee
23    demanded  and was shown, before furnishing liquor to a person
24    under 21 years of age, adequate written evidence of  age  and
25    identity  of the person issued by a federal, state, county or
26    municipal  government,  or  subdivision  or  agency  thereof,
27    including but not  limited  to  a  motor  vehicle  operator's
28    license,  a registration certificate issued under the Federal
29    Selective Service Act, or an identification card issued to  a
30    member  of  the  Armed Forces. This paragraph, however, shall
31    not apply if the  agent  or  employee  accepted  the  written
32    evidence knowing it to be false or fraudulent.
33        Any  person  who sells, gives, or furnishes to any person
34    under the age of 21 years any false  or  fraudulent  written,
 
                            -4-                LRB9209623LDpr
 1    printed,  or  photostatic evidence of the age and identity of
 2    such person or who sells, gives or furnishes  to  any  person
 3    under  the age of 21 years evidence of age and identification
 4    of any other person is guilty of a Class  A  misdemeanor  and
 5    the person's sentence shall include, but shall not be limited
 6    to, a fine of not less than $500.
 7        Any  person  under  the  age  of 21 years who presents or
 8    offers to any licensee, his agent or employee,  any  written,
 9    printed  or  photostatic evidence of age and identity that is
10    false, fraudulent, or not actually his or  her  own  for  the
11    purpose  of  ordering,  purchasing, attempting to purchase or
12    otherwise procuring or attempting to procure, the serving  of
13    any alcoholic beverage, who falsely states in writing that he
14    or  she  is at least 21 years of age when receiving alcoholic
15    liquor from  a  representative,  agent,  or  employee  of  an
16    express  company, common carrier, or contract carrier, or who
17    has in his or her possession any false or fraudulent written,
18    printed, or photostatic evidence  of  age  and  identity,  is
19    guilty  of  a  Class  A misdemeanor and the person's sentence
20    shall include, but shall not be limited to, the following:  a
21    fine of not less than $500 and at least 25 hours of community
22    service.   If  possible,  any  community  service  shall   be
23    performed for an alcohol abuse prevention program.
24        Any  person  under  the  age  of  21  years  who  has any
25    alcoholic beverage in his or her possession on any street  or
26    highway  or  in  any public place or in any place open to the
27    public is guilty of a Class A misdemeanor.  This Section does
28    not apply to possession by a person under the age of 21 years
29    making a delivery of an alcoholic beverage  in  pursuance  of
30    the  order of his or her parent or in pursuance of his or her
31    employment.
32        (a-1)  It is unlawful  for  any  parent  or  guardian  to
33    permit  his  or her residence to be used by an invitee of the
34    parent's child or the guardian's  ward,  if  the  invitee  is
 
                            -5-                LRB9209623LDpr
 1    under the age of 21, in a manner that constitutes a violation
 2    of  this  Section.   A  parent  or guardian is deemed to have
 3    permitted his or her residence to be  used  in  violation  of
 4    this  Section  if he or she knowingly authorizes, enables, or
 5    permits such use to occur by failing  to  control  access  to
 6    either  the  residence  or the alcoholic liquor maintained in
 7    the residence.  Any person who violates this subsection (a-1)
 8    is guilty of a Class A misdemeanor and the person's  sentence
 9    shall  include,  but  shall  not be limited to, a fine of not
10    less than $500.  Nothing in this subsection  (a-1)  shall  be
11    construed  to  prohibit  the  giving of alcoholic liquor to a
12    person under the age of 21 years  in  the  performance  of  a
13    religious ceremony or service.
14        (b)  Except as otherwise provided in this Section whoever
15    violates  this  Section shall, in addition to other penalties
16    provided for in this Act, be guilty of a Class A misdemeanor.
17        (c)  Any person shall be guilty of a Class A  misdemeanor
18    where  he or she knowingly permits a gathering at a residence
19    which he or she occupies of two or more persons where any one
20    or more of the persons is under  21  years  of  age  and  the
21    following factors also apply:
22             (1)  the  person  occupying the residence knows that
23        any such person under the age of 21 is in  possession  of
24        or is consuming any alcoholic beverage; and
25             (2)  the possession or consumption of the alcohol by
26        the  person  under  21 is not otherwise permitted by this
27        Act; and
28             (3)  the person occupying the residence  knows  that
29        the person under the age of 21 leaves the residence in an
30        intoxicated condition.
31        For  the  purposes  of  this  subsection  (c)  where  the
32    residence  has  an  owner  and a tenant or lessee, there is a
33    rebuttable presumption that the residence is occupied only by
34    the tenant or lessee.
 
                            -6-                LRB9209623LDpr
 1        (d)  Any person who rents a hotel or motel room from  the
 2    proprietor  or  agent  thereof for the purpose of or with the
 3    knowledge that such room shall be used for the consumption of
 4    alcoholic liquor by persons under the age of 21  years  shall
 5    be guilty of a Class A misdemeanor.
 6        (e)  It  shall  be  unlawful  for  any  person who is not
 7    licensed under this Act to sell alcoholic liquor to knowingly
 8    sell or dispense or facilitate the  dispensing  of  alcoholic
 9    liquor  to  a person who is under 21 years of age in exchange
10    for any type of remuneration.
11        Any person who violates this  subsection  (e)  commits  a
12    Class 4 felony.
13    (Source: P.A.  89-250,  eff.  1-1-96;  90-355,  eff. 8-10-97;
14    90-432, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-739,  eff.
15    8-13-98.)

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