Public Act 90-0355 of the 90th General Assembly
Public Act 90-0355
HB0155 Enrolled LRB9000378LDdv
AN ACT to amend the Liquor Control Act of 1934 by
changing Section 6-16 and adding Section 6-16.1.
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
changing Section 6-16 and adding Section 6-16.1 as follows:
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 16.1. No person, after purchasing or
otherwise obtaining alcoholic liquor, shall sell, give or
deliver such alcoholic liquor to another person under the age
of 21 years, except in the performance of a religious
ceremony or service. Any person who violates the provisions
of this paragraph of this subsection (a) is guilty of a Class
A misdemeanor and the person's sentence shall include, but
shall not be limited to, a fine of not less than $500.
For the purpose of preventing the violation of this
section, any licensee, or his agent or employee, may refuse
to sell or serve alcoholic beverages to any person who is
unable to produce adequate written evidence of identity and
of the fact that he or she is over the age of 21 years.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, demanded, was
shown and reasonably relied upon such written evidence in any
transaction, forbidden by this Section is an affirmative
defense in any criminal prosecution therefor or to any
proceedings for the suspension or revocation of any license
based thereon. It shall not, however, be an affirmative
defense if the agent or employee accepted the written
evidence knowing it to be false or fraudulent. If a false or
fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to
a person under 21 years of age if the agent or employee
demanded and was shown, before furnishing liquor to a person
under 21 years of age, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall
not apply if the agent or employee accepted the written
evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity which is
false, fraudulent, or not actually his own for the purpose of
ordering, purchasing, attempting to purchase or otherwise
procuring or attempting to procure, the serving of any
alcoholic beverage, or who has in his possession any false or
fraudulent written, printed, or photostatic evidence of age
and identity, is guilty of a Class B misdemeanor and the
person's sentence shall include, but shall not be limited to,
one of the following: (i) a fine of not less than $250, or
(ii) at least 25 hours of community service. If possible,
any community service shall be performed for an alcohol abuse
prevention program.
Any person under the age of 21 years who has any
alcoholic beverage in his possession on any street or highway
or in any public place or in any place open to the public is
guilty of a Class B misdemeanor. This Section does not apply
to possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order
of his or her parent or in pursuance of his or her
employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
1-1-96.)
(235 ILCS 5/6-16.1 new)
Sec. 6-16.1. Enforcement actions. A licensee or an
officer, associate, member, representative, agent, or
employee of a licensee may sell, give, or deliver alcoholic
liquor to a person under the age of 21 years or authorize the
sale, gift, or delivery of alcoholic liquor to a person under
the age of 21 years pursuant to a plan or action to
investigate, patrol, or otherwise conduct a "sting operation"
or enforcement action against a person employed by the
licensee or on any licensed premises if the licensee or
officer, associate, member, representative, agent, or
employee of the licensee provides written notice, at least 14
days before the "sting operation" or enforcement action,
unless governing body of the municipality or county having
jurisdiction sets a shorter period by ordinance, to the law
enforcement agency having jurisdiction, the local liquor
control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement
action conducted within 60 days of the provision of that
notice, unless the governing body of the municipality or
county having jurisdiction sets a shorter period by
ordinance.
Section 99. Effective date. This Act takes effect upon
becoming law.