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Public Act 094-1047
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| SB0946 Enrolled |
LRB094 04603 AMC 34632 b |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by |
adding Section 6-33 as follows:
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(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.
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Section 10. The Illinois Vehicle Code is amended by |
changing Section 11-502 as follows:
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(625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
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Sec. 11-502. Transportation or possession of alcoholic |
liquor in
a motor vehicle.
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(a) Except as provided in paragraph (c) and in Section 6-33 |
of the Liquor Control Act of 1934, no driver may
transport, |
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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.
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(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.
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(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
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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.
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(d) The exemption applicable to chartered buses under |
paragraph (c)
does not apply to any chartered bus being used |
for school purposes.
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(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.
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(f) Any driver, who is less than 21 years of age at the |
date of the
offense and who is convicted of violating |