093_SB0413eng SB413 Engrossed LRB093 09916 LRD 10166 b 1 AN ACT in relation to alcohol. 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 Section 6-16.1 as follows: 6 (235 ILCS 5/6-16.1) 7 Sec. 6-16.1. Enforcement actions. 8 (a) A licensee or an officer, associate, member, 9 representative, agent, or employee of a licensee may sell, 10 give, or deliver alcoholic liquor to a person under the age 11 of 21 years or authorize the sale, gift, or delivery of 12 alcoholic liquor to a person under the age of 21 years 13 pursuant to a plan or action to investigate, patrol, or 14 otherwise conduct a "sting operation" or enforcement action 15 against a person employed by the licensee or on any licensed 16 premises if the licensee or officer, associate, member, 17 representative, agent, or employee of the licensee provides 18 written notice, at least 14 days before the "sting operation" 19 or enforcement action, unless governing body of the 20 municipality or county having jurisdiction sets a shorter 21 period by ordinance, to the law enforcement agency having 22 jurisdiction, the local liquor control commissioner, or both. 23 Notice provided under this Section shall be valid for a 24 "sting operation" or enforcement action conducted within 60 25 days of the provision of that notice, unless the governing 26 body of the municipality or county having jurisdiction sets a 27 shorter period by ordinance. 28 (b) A local liquor control commission or unit of local 29 government that conducts alcohol and tobacco compliance 30 operations shall establish a policy and standards for alcohol 31 and tobacco compliance operations to investigate whether a SB413 Engrossed -2- LRB093 09916 LRD 10166 b 1 licensee is furnishing (1) alcoholic liquor to persons under 2 21 years of age in violation of this Act or (2) tobacco to 3 persons in violation of the Sale of Tobacco to Minors Act. 4 (c) The Illinois Law Enforcement Training Standards 5 Board shall develop a model policy and guidelines for the 6 operation of alcohol and tobacco compliance checks by local 7 law enforcement officers. The Illinois Law Enforcement 8 Training Standards Board shall also require the supervising 9 officers of such compliance checks to have met a minimum 10 training standard as determined by the Board. The Board 11 shall have the right to waive any training based on current 12 written policies and procedures for alcohol and tobacco 13 compliance check operations and in-service training already 14 administered by the local law enforcement agency, department, 15 or office. 16 (d) The provisions of subsections (b) and (c) do not 17 apply to a home rule unit with more than 2,000,000 18 inhabitants. 19 (e) A home rule unit, other than a home rule unit with 20 more than 2,000,000 inhabitants, may not regulate enforcement 21 actions in a manner inconsistent with the regulation of 22 enforcement actions under this Section. This subsection (e) 23 is a limitation under subsection (i) of Section 6 of Article 24 VII of the Illinois Constitution on the concurrent exercise 25 by home rule units of powers and functions exercised by the 26 State. 27 (f) A licensee who is the subject of an enforcement 28 action or "sting operation" under this Section and is found, 29 pursuant to the enforcement action, to be in compliance with 30 this Act shall be notified within 30 days of the enforcement 31 action that no violation was found. 32 (Source: P.A. 92-503, eff. 1-1-02.)