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Public Act 097-1049 |
HB1554 Enrolled | LRB097 06478 ASK 46561 b |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by |
changing Section 6-16 as follows:
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(235 ILCS 5/6-16) (from Ch. 43, par. 131)
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Sec. 6-16. Prohibited sales and possession.
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(a) (i) 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 6-16.1.
(ii) No express company, common carrier, or |
contract carrier nor any
representative, agent, or employee on |
behalf of an express company, common
carrier, or contract |
carrier that carries or transports alcoholic liquor for
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delivery within this State shall knowingly give or knowingly |
deliver to a
residential address any shipping container clearly |
labeled as containing
alcoholic liquor and labeled as requiring |
signature of an adult of at least 21
years of age to any person |
in this State under the age of 21 years. An express
company, |
common carrier, or contract carrier that carries or transports |
such
alcoholic liquor for delivery within this State shall |
obtain a signature at
the time of delivery acknowledging |
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receipt of the alcoholic liquor by an adult
who is at least 21 |
years of age. At no time while delivering alcoholic
beverages |
within this State may any representative, agent, or employee of |
an
express company, common carrier, or contract carrier that |
carries or
transports alcoholic liquor for delivery within this |
State deliver the
alcoholic liquor to a residential address |
without the acknowledgment of the
consignee and without first |
obtaining a signature at the time of the delivery
by an adult |
who is at least 21 years of age. A signature of a person on file
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with the express company, common carrier, or contract carrier |
does
not constitute acknowledgement of the consignee. Any |
express company, common
carrier, or contract carrier that |
transports alcoholic liquor for delivery
within this State that |
violates this
item (ii) of this subsection (a) by delivering |
alcoholic liquor without the
acknowledgement of the consignee |
and without first obtaining a signature at the
time of the |
delivery by an adult who is at least 21 years of age is guilty |
of a
business offense for which the express company, common |
carrier, or contract
carrier that transports alcoholic liquor |
within this State shall be fined not
more than $1,001 for a
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first offense, not more than $5,000 for a second offense, and |
not more than
$10,000 for a third or subsequent offense. An |
express company, common carrier,
or contract carrier shall be |
held vicariously liable for the actions of its
representatives, |
agents, or employees. For purposes of this Act, in addition
to |
other methods authorized by law, an express company, common |
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carrier, or
contract carrier shall be considered served with |
process when a
representative, agent, or employee alleged to |
have violated this Act is
personally served. Each shipment of |
alcoholic liquor delivered in violation
of this item (ii) of |
this subsection (a) constitutes a separate offense.
(iii) 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.
Except as |
otherwise provided in item (ii), any express company, common |
carrier,
or contract carrier that transports alcoholic liquor |
within this State that
violates the provisions of item (i), |
(ii), or (iii) of this paragraph of this
subsection (a) is |
guilty of a Class A misdemeanor and the sentence shall
include, |
but shall not be limited to, a fine of not less than $500. Any
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person
who violates the provisions of item (iii) of this |
paragraph of this subsection
(a)
is guilty of a Class A |
misdemeanor and the sentence shall include, but shall
not be |
limited to a fine of not less than $500 for a first offense and |
not less
than
$2,000 for a second or subsequent offense. Any |
person who knowingly violates
the
provisions of item (iii) of |
this paragraph of this subsection (a) is guilty of
a
Class 4 |
felony if a death occurs as the result of the violation.
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If a licensee or officer, associate, member, |
representative, agent, or
employee of the licensee, or a |
representative, agent, or employee of an
express company, |
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common carrier, or contract carrier that carries or
transports |
alcoholic liquor for
delivery within this State, is prosecuted |
under this paragraph of this
subsection
(a) for selling, |
giving, or delivering alcoholic liquor to a person under the
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age of 21 years, the person under 21 years of age who attempted |
to buy or
receive the alcoholic liquor may be prosecuted |
pursuant to Section 6-20 of this
Act, unless the person under |
21 years of age was acting under the authority of
a law |
enforcement agency, the Illinois Liquor Control Commission, or |
a local
liquor control commissioner pursuant to a plan or |
action to investigate,
patrol, or conduct any similar |
enforcement action.
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For the purpose of preventing the violation of this |
Section, any licensee,
or his agent or employee, or a |
representative, agent, or employee of an
express company, |
common carrier, or contract carrier that carries or
transports |
alcoholic liquor for
delivery within this State, shall refuse |
to sell, deliver, 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, if
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requested by the licensee, agent, employee, or representative.
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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 |
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Service Act, or an identification card issued to a
member of |
the Armed Forces. Proof that the defendant-licensee, or his
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employee or agent, or the representative, agent, or employee of |
the express
company, common carrier, or contract carrier that |
carries or transports
alcoholic liquor for delivery within this |
State demanded, was shown and
reasonably relied upon such
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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
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report of the matter to the Secretary of State on a form |
provided by the
Secretary of State.
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However, no agent or employee of the licensee or employee |
of an express
company, common carrier, or contract carrier that |
carries or transports
alcoholic liquor for delivery within this |
State shall be
disciplined or
discharged for selling or |
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furnishing liquor to a person under 21 years of
age if the |
agent or employee demanded and was shown, before furnishing
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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
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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.
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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
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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.
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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 that is false, |
fraudulent, or not actually his or her own for the
purpose of |
ordering, purchasing, attempting to purchase or otherwise |
procuring
or attempting to procure, the serving of any |
alcoholic beverage,
who falsely states in writing that he or |
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she is at least 21 years of age when
receiving alcoholic liquor |
from a representative, agent, or employee of an
express |
company, common carrier, or contract carrier,
or who has in
his |
or her possession any false or fraudulent written, printed, or |
photostatic
evidence of age and identity, is guilty of a Class |
A misdemeanor and the
person's sentence shall include, but |
shall not be limited to, the following:
a fine of not less than |
$500 and at least 25 hours of community service. If
possible, |
any community service shall be performed for an alcohol abuse
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prevention program.
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Any person under the age of 21 years who has any alcoholic |
beverage in his
or her possession on any street or highway or |
in any public place or in any
place open to the public is |
guilty of a Class A 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.
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(a-1) It is unlawful for any parent or guardian to |
knowingly permit his or her
residence , or any other private |
property under his or her control, 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 |
knowingly permitted
his or her residence , or any other private |
property under his or her control, to be used in violation of |
this Section if he or she
knowingly authorizes , enables, or |
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permits consumption of alcoholic liquor by underage invitees. |
Any person who violates this subsection (a-1) is guilty of a
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Class A misdemeanor and the person's sentence shall include, |
but shall not be
limited to, a fine of not less than $500. |
Where a violation of this subsection (a-1) directly or |
indirectly results in great bodily harm or death to any person, |
the person violating this subsection shall be guilty of a Class |
4 felony. Nothing in this subsection (a-1)
shall be construed |
to prohibit the giving of alcoholic liquor to a person under
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the age of 21 years in the performance of a religious ceremony |
or service in observation of a religious holiday.
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(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.
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(c) Any person shall be guilty of a Class A misdemeanor |
where he or she
knowingly authorizes or permits a gathering at |
a residence which he or she occupies to be used by an invitee |
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 :
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(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
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(2) the possession or consumption of the alcohol by the |
person under
21 is not otherwise permitted by this Act . ; |
and
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(3) the person occupying the residence knows that the |
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person under the
age of 21 leaves the residence in an |
intoxicated condition.
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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. The sentence of any person who violates this |
subsection (c) shall include, but shall not be limited to, a |
fine of not less than $500. Where a violation of this |
subsection (c) directly or indirectly results in great bodily |
harm or death to any person, the person violating this |
subsection (c) shall be guilty of a Class 4 felony. Nothing in |
this subsection (c) 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 in |
observation of a religious holiday. |
A person shall not be in violation of this subsection (c) |
if (A) he or she requests assistance from the police department |
or other law enforcement agency to either (i) remove any person |
who refuses to abide by the person's performance of the duties |
imposed by this subsection (c) or (ii) terminate the activity |
because the person has been unable to prevent a person under |
the age of 21 years from consuming alcohol despite having taken |
all reasonable steps to do so and (B) this assistance is |
requested before any other person makes a formal complaint to |
the police department or other law enforcement agency about the |
activity. |
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(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.
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(e) Except as otherwise provided in this Act, any person |
who has alcoholic
liquor in his or her possession on public |
school district property on school
days or at events on public |
school district property when children are present
is guilty of |
a petty offense, unless the alcoholic liquor (i) is in the
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original container with the seal unbroken and is in the |
possession of a person
who is not otherwise legally prohibited |
from possessing the alcoholic liquor or
(ii) is in the |
possession of a person in or for the performance of a religious
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service or ceremony authorized by the school board.
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(Source: P.A. 95-563, eff. 8-31-07 .)
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