Public Act 094-1047
 
SB0946 Enrolled LRB094 04603 AMC 34632 b

    AN ACT concerning liquor.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by
adding Section 6-33 as follows:
 
    (235 ILCS 5/6-33 new)
    Sec. 6-33. Sealing and removal of open wine bottles from a
restaurant. Notwithstanding any other provision of this Act, a
restaurant licensed to sell alcoholic liquor in this State may
permit a patron to remove one unsealed and partially consumed
bottle of wine for off-premise consumption provided that the
patron has purchased a meal and consumed a portion of the
bottle of wine with the meal on the restaurant premises. A
partially consumed bottle of wine that is to be removed from
the premises pursuant to this Section shall be securely sealed
by the licensee or an agent of the licensee prior to removal
from the premises and placed in a transparent one-time use
tamper-proof bag. The licensee or agent of the licensee shall
provide a dated receipt for the bottle of wine to the patron.
Wine that is resealed in accordance with the provisions of this
Section and not tampered with shall not be deemed an unsealed
container for the purposes of Section 11-502 of the Illinois
Vehicle Code.
 
    Section 10. The Illinois Vehicle Code is amended by
changing Section 11-502 as follows:
 
    (625 ILCS 5/11-502)  (from Ch. 95 1/2, par. 11-502)
    Sec. 11-502. Transportation or possession of alcoholic
liquor in a motor vehicle.
    (a) Except as provided in paragraph (c) and in Section 6-33
of the Liquor Control Act of 1934, no driver may transport,
carry, possess or have any alcoholic liquor within the
passenger area of any motor vehicle upon a highway in this
State except in the original container and with the seal
unbroken.
    (b) Except as provided in paragraph (c) and in Section 6-33
of the Liquor Control Act of 1934, no passenger may carry,
possess or have any alcoholic liquor within any passenger area
of any motor vehicle upon a highway in this State except in the
original container and with the seal unbroken.
    (c) This Section shall not apply to the passengers in a
limousine when it is being used for purposes for which a
limousine is ordinarily used, the passengers on a chartered bus
when it is being used for purposes for which chartered buses
are ordinarily used or on a motor home or mini motor home as
defined in Section 1-145.01 of this Code. However, the driver
of any such vehicle is prohibited from consuming or having any
alcoholic liquor in or about the driver's area. Any evidence of
alcoholic consumption by the driver shall be prima facie
evidence of such driver's failure to obey this Section. For the
purposes of this Section, a limousine is a motor vehicle of the
first division with the passenger compartment enclosed by a
partition or dividing window used in the for-hire
transportation of passengers and operated by an individual in
possession of a valid Illinois driver's license of the
appropriate classification pursuant to Section 6-104 of this
Code.
    (d) The exemption applicable to chartered buses under
paragraph (c) does not apply to any chartered bus being used
for school purposes.
    (e) Any driver who is convicted of violating subsection (a)
of this Section for a second or subsequent time within one year
of a similar conviction shall be subject to suspension of
driving privileges as provided, in paragraph 23 of subsection
(a) of Section 6-206 of this Code.
    (f) Any driver, who is less than 21 years of age at the
date of the offense and who is convicted of violating
subsection (a) of this Section or a similar provision of a
local ordinance, shall be subject to the loss of driving
privileges as provided in paragraph 13 of subsection (a) of
Section 6-205 of this Code and paragraph 33 of subsection (a)
of Section 6-206 of this Code.
(Source: P.A. 88-209.)