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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_SB1527enr SB1527 Enrolled 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 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 SB1527 Enrolled -2- LRB9209623LDpr 1 the acknowledgment of the consignee and without first 2 obtaining a signature at the time of the delivery by an adult 3 who is at least 21 years of age. A signature of a person on 4 file with the express company, common carrier, or contract 5 carrier does not constitute acknowledgement of the consignee. 6 Any express company, common carrier, or contract carrier that 7 transports alcoholic liquor for delivery within this State 8 that violates this item (ii) of this subsection (a) by 9 delivering alcoholic liquor without the acknowledgement of 10 the consignee and without first obtaining a signature at the 11 time of the delivery by an adult who is at least 21 years of 12 age is guilty of a business offense for which the express 13 company, common carrier, or contract carrier that transports 14 alcoholic liquor within this State shall be fined not more 15 than $1,001 for a first offense, not more than $5,000 for a 16 second offense, and not more than $10,000 for a third or 17 subsequent offense. An express company, common carrier, or 18 contract carrier shall be held vicariously liable for the 19 actions of its representatives, agents, or employees. For 20 purposes of this Act, in addition to other methods authorized 21 by law, an express company, common carrier, or contract 22 carrier shall be considered served with process when a 23 representative, agent, or employee alleged to have violated 24 this Act is personally served. Each shipment of alcoholic 25 liquor delivered in violation of this item (ii) of this 26 subsection (a) constitutes a separate offense. (iii) No 27 person, after purchasing or otherwise obtaining alcoholic 28 liquor, shall sell, give, or deliver such alcoholic liquor to 29 another person under the age of 21 years, except in the 30 performance of a religious ceremony or service. Except as 31 otherwise provided in item (ii), any express company, common 32 carrier, or contract carrier that transports alcoholic liquor 33 within this State that violates the provisions of item (i), 34 (ii), or (iii) of this paragraph of this subsection (a) is SB1527 Enrolled -3- LRB9209623LDpr 1 guilty of a Class A misdemeanor and the sentence shall 2 include, but shall not be limited to, a fine of not less than 3 $500. Any person who violates the provisions of item (iii) of 4 this paragraph of this subsection (a) is guilty of a Class A 5 misdemeanor and the sentence shall include, but shall not be 6 limited to a fine of not less than $500 for a first offense 7 and not less than $2,000 for a second or subsequent offense. 8 Any person who knowingly violates the provisions of item 9 (iii) of this paragraph of this subsection (a) is guilty of a 10 Class 4 felony if a death occurs as the result of the 11 violation. 12 If a licensee or officer, associate, member, 13 representative, agent, or employee of the licensee, or a 14 representative, agent, or employee of an express company, 15 common carrier, or contract carrier that carries or 16 transports alcoholic liquor for delivery within this State, 17 is prosecuted under this paragraph of this subsection (a) for 18 selling, giving, or delivering alcoholic liquor to a person 19 under the age of 21 years, the person under 21 years of age 20 who attempted to buy or receive the alcoholic liquor may be 21 prosecuted pursuant to Section 6-20 of this Act, unless the 22 person under 21 years of age was acting under the authority 23 of a law enforcement agency, the Illinois Liquor Control 24 Commission, or a local liquor control commissioner pursuant 25 to a plan or action to investigate, patrol, or conduct any 26 similar enforcement action. 27 For the purpose of preventing the violation of this 28 Section, any licensee, or his agent or employee, or a 29 representative, agent, or employee of an express company, 30 common carrier, or contract carrier that carries or 31 transports alcoholic liquor for delivery within this State, 32 shall refuse to sell, deliver, or serve alcoholic beverages 33 to any person who is unable to produce adequate written 34 evidence of identity and of the fact that he or she is over SB1527 Enrolled -4- LRB9209623LDpr 1 the age of 21 years, if requested by the licensee, agent, 2 employee, or representative. 3 Adequate written evidence of age and identity of the 4 person is a document issued by a federal, state, county, or 5 municipal government, or subdivision or agency thereof, 6 including, but not limited to, a motor vehicle operator's 7 license, a registration certificate issued under the Federal 8 Selective Service Act, or an identification card issued to a 9 member of the Armed Forces. Proof that the 10 defendant-licensee, or his employee or agent, or the 11 representative, agent, or employee of the express company, 12 common carrier, or contract carrier that carries or 13 transports alcoholic liquor for delivery within this State 14 demanded, was shown and reasonably relied upon such written 15 evidence in any transaction forbidden by this Section is an 16 affirmative defense in any criminal prosecution therefor or 17 to any proceedings for the suspension or revocation of any 18 license based thereon. It shall not, however, be an 19 affirmative defense if the agent or employee accepted the 20 written evidence knowing it to be false or fraudulent. If a 21 false or fraudulent Illinois driver's license or Illinois 22 identification card is presented by a person less than 21 23 years of age to a licensee or the licensee's agent or 24 employee for the purpose of ordering, purchasing, attempting 25 to purchase, or otherwise obtaining or attempting to obtain 26 the serving of any alcoholic beverage, the law enforcement 27 officer or agency investigating the incident shall, upon the 28 conviction of the person who presented the fraudulent license 29 or identification, make a report of the matter to the 30 Secretary of State on a form provided by the Secretary of 31 State. 32 However, no agent or employee of the licensee or employee 33 of an express company, common carrier, or contract carrier 34 that carries or transports alcoholic liquor for delivery SB1527 Enrolled -5- LRB9209623LDpr 1 within this State shall be disciplined or discharged for 2 selling or furnishing liquor to a person under 21 years of 3 age if the agent or employee demanded and was shown, before 4 furnishing liquor to a person under 21 years of age, adequate 5 written evidence of age and identity of the person issued by 6 a federal, state, county or municipal government, or 7 subdivision or agency thereof, including but not limited to a 8 motor vehicle operator's license, a registration certificate 9 issued under the Federal Selective Service Act, or an 10 identification card issued to a member of the Armed Forces. 11 This paragraph, however, shall not apply if the agent or 12 employee accepted the written evidence knowing it to be false 13 or fraudulent. 14 Any person who sells, gives, or furnishes to any person 15 under the age of 21 years any false or fraudulent written, 16 printed, or photostatic evidence of the age and identity of 17 such person or who sells, gives or furnishes to any person 18 under the age of 21 years evidence of age and identification 19 of any other person is guilty of a Class A misdemeanor and 20 the person's sentence shall include, but shall not be limited 21 to, a fine of not less than $500. 22 Any person under the age of 21 years who presents or 23 offers to any licensee, his agent or employee, any written, 24 printed or photostatic evidence of age and identity that is 25 false, fraudulent, or not actually his or her own for the 26 purpose of ordering, purchasing, attempting to purchase or 27 otherwise procuring or attempting to procure, the serving of 28 any alcoholic beverage, who falsely states in writing that he 29 or she is at least 21 years of age when receiving alcoholic 30 liquor from a representative, agent, or employee of an 31 express company, common carrier, or contract carrier, or who 32 has in his or her possession any false or fraudulent written, 33 printed, or photostatic evidence of age and identity, is 34 guilty of a Class A misdemeanor and the person's sentence SB1527 Enrolled -6- LRB9209623LDpr 1 shall include, but shall not be limited to, the following: a 2 fine of not less than $500 and at least 25 hours of community 3 service. If possible, any community service shall be 4 performed for an alcohol abuse prevention program. 5 Any person under the age of 21 years who has any 6 alcoholic beverage in his or her possession on any street or 7 highway or in any public place or in any place open to the 8 public is guilty of a Class A misdemeanor. This Section does 9 not apply to possession by a person under the age of 21 years 10 making a delivery of an alcoholic beverage in pursuance of 11 the order of his or her parent or in pursuance of his or her 12 employment. 13 (a-1) It is unlawful for any parent or guardian to 14 permit his or her residence to be used by an invitee of the 15 parent's child or the guardian's ward, if the invitee is 16 under the age of 21, in a manner that constitutes a violation 17 of this Section. A parent or guardian is deemed to have 18 permitted his or her residence to be used in violation of 19 this Section if he or she knowingly authorizes, enables, or 20 permits such use to occur by failing to control access to 21 either the residence or the alcoholic liquor maintained in 22 the residence. Any person who violates this subsection (a-1) 23 is guilty of a Class A misdemeanor and the person's sentence 24 shall include, but shall not be limited to, a fine of not 25 less than $500. Nothing in this subsection (a-1) shall be 26 construed to prohibit the giving of alcoholic liquor to a 27 person under the age of 21 years in the performance of a 28 religious ceremony or service. 29 (b) Except as otherwise provided in this Section whoever 30 violates this Section shall, in addition to other penalties 31 provided for in this Act, be guilty of a Class A misdemeanor. 32 (c) Any person shall be guilty of a Class A misdemeanor 33 where he or she knowingly permits a gathering at a residence 34 which he or she occupies of two or more persons where any one SB1527 Enrolled -7- LRB9209623LDpr 1 or more of the persons is under 21 years of age and the 2 following factors also apply: 3 (1) the person occupying the residence knows that 4 any such person under the age of 21 is in possession of 5 or is consuming any alcoholic beverage; and 6 (2) the possession or consumption of the alcohol by 7 the person under 21 is not otherwise permitted by this 8 Act; and 9 (3) the person occupying the residence knows that 10 the person under the age of 21 leaves the residence in an 11 intoxicated condition. 12 For the purposes of this subsection (c) where the 13 residence has an owner and a tenant or lessee, there is a 14 rebuttable presumption that the residence is occupied only by 15 the tenant or lessee. 16 (d) Any person who rents a hotel or motel room from the 17 proprietor or agent thereof for the purpose of or with the 18 knowledge that such room shall be used for the consumption of 19 alcoholic liquor by persons under the age of 21 years shall 20 be guilty of a Class A misdemeanor. 21 (e) Except as otherwise provided in this Act, any person 22 who has alcoholic liquor in his or her possession on public 23 school district property on school days or at events on 24 public school district property when children are present is 25 guilty of a petty offense, unless the alcoholic liquor (i) is 26 in the original container with the seal unbroken and is in 27 the possession of a person who is not otherwise legally 28 prohibited from possessing the alcoholic liquor or (ii) is in 29 the possession of a person in or for the performance of a 30 religious service or ceremony authorized by the school board. 31 (Source: P.A.. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02; SB1527 Enrolled -8- LRB9209623LDpr 1 92-507, eff. 1-1-02; revised 1-7-02.)