State of Illinois
92nd General Assembly
Legislation

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92_HB3162eng

 
HB3162 Engrossed                               LRB9205152LDpc

 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 Sections 6-16 and 6-16.1 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.
 
HB3162 Engrossed            -2-                LRB9205152LDpc
 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    shall  may  refuse  to  sell,  deliver,  or  serve  alcoholic
22    beverages  to  any  person  who is unable to produce adequate
23    written evidence of identity and of the fact that he  or  she
24    is  over  the  age of 21 years, if requested by the licensee,
25    agent, employee, or representative.
26        Adequate written evidence of  age  and  identity  of  the
27    person  is  a document issued by a federal, state, county, or
28    municipal  government,  or  subdivision  or  agency  thereof,
29    including, but not limited to,  a  motor  vehicle  operator's
30    license,  a registration certificate issued under the Federal
31    Selective Service Act, or an identification card issued to  a
32    member    of    the    Armed    Forces.    Proof   that   the
33    defendant-licensee,  or  his  employee  or  agent,   or   the
34    representative,  agent,  or  employee of the express company,
 
HB3162 Engrossed            -3-                LRB9205152LDpc
 1    common  carrier,  or  contract  carrier   that   carries   or
 2    transports  alcoholic  liquor  for delivery within this State
 3    demanded, was shown and reasonably relied upon  such  written
 4    evidence  in  any transaction forbidden by this Section is an
 5    affirmative defense in any criminal prosecution  therefor  or
 6    to  any  proceedings  for the suspension or revocation of any
 7    license  based  thereon.    It  shall  not,  however,  be  an
 8    affirmative defense if the agent  or  employee  accepted  the
 9    written  evidence knowing it to be false or fraudulent.  If a
10    false or fraudulent Illinois  driver's  license  or  Illinois
11    identification  card  is  presented  by a person less than 21
12    years of age  to  a  licensee  or  the  licensee's  agent  or
13    employee  for the purpose of ordering, purchasing, attempting
14    to purchase, or otherwise obtaining or attempting  to  obtain
15    the  serving  of  any alcoholic beverage, the law enforcement
16    officer or agency investigating the incident shall, upon  the
17    conviction of the person who presented the fraudulent license
18    or  identification,  make  a  report  of  the  matter  to the
19    Secretary of State on a form provided  by  the  Secretary  of
20    State.
21        However,  no  agent  or employee of the licensee shall be
22    disciplined or discharged for selling or furnishing liquor to
23    a person under 21 years of  age  if  the  agent  or  employee
24    demanded  and was shown, before furnishing liquor to a person
25    under 21 years of age, adequate written evidence of  age  and
26    identity  of the person 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. This paragraph, however, shall
32    not apply if the  agent  or  employee  accepted  the  written
33    evidence knowing it to be false or fraudulent.
34        Any  person  who sells, gives, or furnishes to any person
 
HB3162 Engrossed            -4-                LRB9205152LDpc
 1    under the age of 21 years any false  or  fraudulent  written,
 2    printed,  or  photostatic evidence of the age and identity of
 3    such person or who sells, gives or furnishes  to  any  person
 4    under  the age of 21 years evidence of age and identification
 5    of any other person is guilty of a Class  A  misdemeanor  and
 6    the person's sentence shall include, but shall not be limited
 7    to, a fine of not less than $500.
 8        Any  person  under  the  age  of 21 years who presents or
 9    offers to any licensee, his agent or employee,  any  written,
10    printed  or  photostatic evidence of age and identity that is
11    false, fraudulent, or not actually his or  her  own  for  the
12    purpose  of  ordering,  purchasing, attempting to purchase or
13    otherwise procuring or attempting to procure, the serving  of
14    any alcoholic beverage, who falsely states in writing that he
15    or  she  is at least 21 years of age when receiving alcoholic
16    liquor from  a  representative,  agent,  or  employee  of  an
17    express  company, common carrier, or contract carrier, or who
18    has in his or her possession any false or fraudulent written,
19    printed, or photostatic evidence  of  age  and  identity,  is
20    guilty  of  a  Class  A misdemeanor and the person's sentence
21    shall include, but shall not be limited to, the following:  a
22    fine of not less than $500 and at least 25 hours of community
23    service.   If  possible,  any  community  service  shall   be
24    performed for an alcohol abuse prevention program.
25        Any  person  under  the  age  of  21  years  who  has any
26    alcoholic beverage in his or her possession on any street  or
27    highway  or  in  any public place or in any place open to the
28    public is guilty of a Class A misdemeanor.  This Section does
29    not apply to possession by a person under the age of 21 years
30    making a delivery of an alcoholic beverage  in  pursuance  of
31    the  order of his or her parent or in pursuance of his or her
32    employment.
33        (a-1)  It is unlawful  for  any  parent  or  guardian  to
34    permit  his  or her residence to be used by an invitee of the
 
HB3162 Engrossed            -5-                LRB9205152LDpc
 1    parent's child or the guardian's  ward,  if  the  invitee  is
 2    under the age of 21, in a manner that constitutes a violation
 3    of  this  Section.   A  parent  or guardian is deemed to have
 4    permitted his or her residence to be  used  in  violation  of
 5    this  Section  if he or she knowingly authorizes, enables, or
 6    permits such use to occur by failing  to  control  access  to
 7    either  the  residence  or the alcoholic liquor maintained in
 8    the residence.  Any person who violates this subsection (a-1)
 9    is guilty of a Class A misdemeanor and the person's  sentence
10    shall  include,  but  shall  not be limited to, a fine of not
11    less than $500.  Nothing in this subsection  (a-1)  shall  be
12    construed  to  prohibit  the  giving of alcoholic liquor to a
13    person under the age of 21 years  in  the  performance  of  a
14    religious ceremony or service.
15        (b)  Except as otherwise provided in this Section whoever
16    violates  this  Section shall, in addition to other penalties
17    provided for in this Act, be guilty of a Class A misdemeanor.
18        (c)  Any person shall be guilty of a Class A  misdemeanor
19    where  he or she knowingly permits a gathering at a residence
20    which he or she occupies of two or more persons where any one
21    or more of the persons is under  21  years  of  age  and  the
22    following factors also apply:
23             (1)  the  person  occupying the residence knows that
24        any such person under the age of 21 is in  possession  of
25        or is consuming any alcoholic beverage; and
26             (2)  the possession or consumption of the alcohol by
27        the  person  under  21 is not otherwise permitted by this
28        Act; and
29             (3)  the person occupying the residence  knows  that
30        the person under the age of 21 leaves the residence in an
31        intoxicated condition.
32        For  the  purposes  of  this  subsection  (c)  where  the
33    residence  has  an  owner  and a tenant or lessee, there is a
34    rebuttable presumption that the residence is occupied only by
 
HB3162 Engrossed            -6-                LRB9205152LDpc
 1    the tenant or lessee.
 2        (d)  Any person who rents a hotel or motel room from  the
 3    proprietor  or  agent  thereof for the purpose of or with the
 4    knowledge that such room shall be used for the consumption of
 5    alcoholic liquor by persons under the age of 21  years  shall
 6    be guilty of a Class A misdemeanor.
 7    (Source: P.A.  89-250,  eff.  1-1-96;  90-355,  eff. 8-10-97;
 8    90-432, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-739,  eff.
 9    8-13-98.)

10        (235 ILCS 5/6-16.1)
11        Sec. 6-16.1.  Enforcement actions.
12        (a)  A   licensee   or  an  officer,  associate,  member,
13    representative, agent, or employee of a  licensee  may  sell,
14    give,  or  deliver alcoholic liquor to a person under the age
15    of 21 years or authorize  the  sale,  gift,  or  delivery  of
16    alcoholic  liquor  to  a  person  under  the  age of 21 years
17    pursuant to a plan  or  action  to  investigate,  patrol,  or
18    otherwise  conduct  a "sting operation" or enforcement action
19    against a person employed by the licensee or on any  licensed
20    premises  if  the  licensee  or  officer,  associate, member,
21    representative, agent, or employee of the  licensee  provides
22    written notice, at least 14 days before the "sting operation"
23    or   enforcement   action,   unless  governing  body  of  the
24    municipality or county having  jurisdiction  sets  a  shorter
25    period  by  ordinance,  to  the law enforcement agency having
26    jurisdiction, the local liquor control commissioner, or both.
27    Notice provided under this  Section  shall  be  valid  for  a
28    "sting  operation"  or enforcement action conducted within 60
29    days of the provision of that notice,  unless  the  governing
30    body of the municipality or county having jurisdiction sets a
31    shorter period by ordinance.
32        (b)  A  local  liquor control commission or unit of local
33    government  that  conducts  alcohol  and  tobacco  compliance
 
HB3162 Engrossed            -7-                LRB9205152LDpc
 1    operations shall establish a policy and standards for alcohol
 2    and tobacco compliance operations to  investigate  whether  a
 3    licensee  is furnishing (1) alcoholic liquor to persons under
 4    21 years of age in violation of this Act or  (2)  tobacco  to
 5    persons in violation of the Sale of Tobacco to Minors Act.
 6        (c)  The  Illinois  Law  Enforcement  Training  Standards
 7    Board  shall  develop  a  model policy and guidelines for the
 8    operation of alcohol and tobacco compliance checks  by  local
 9    law  enforcement  officers.   The  Illinois  Law  Enforcement
10    Training  Standards  Board shall also require the supervising
11    officers of such compliance checks  to  have  met  a  minimum
12    training  standard  as  determined  by  the Board.  The Board
13    shall have the right to waive any training based  on  current
14    written  policies  and  procedures  for  alcohol  and tobacco
15    compliance check operations and in-service  training  already
16    administered by the local law enforcement agency, department,
17    or office.
18        (d)  The  provisions  of  subsections  (b) and (c) do not
19    apply  to  a  home  rule  unit  with  more   than   2,000,000
20    inhabitants.
21        (e)  A  home  rule unit, other than a home rule unit with
22    more than 2,000,000 inhabitants, may not regulate enforcement
23    actions in a  manner  inconsistent  with  the  regulation  of
24    enforcement  actions under this Section.  This subsection (e)
25    is a limitation under subsection (i) of Section 6 of  Article
26    VII  of  the Illinois Constitution on the concurrent exercise
27    by home rule units of powers and functions exercised  by  the
28    State.
29    (Source: P.A. 90-355, eff. 8-10-97.)

30        Section  99.   Effective  date.   This  Act  takes effect
31    January 1, 2002.

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