Sen. John J. Cullerton
Filed: 3/28/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 946 




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    AMENDMENT NO. ______. Amend Senate Bill 946  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Liquor Control Act of 1934 is amended  by 
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adding Section 6-33 as follows:
 
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    (235 ILCS 5/6-33  new)
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    Sec. 6-33. Sealing and removal of open wine bottles from a 
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restaurant. Notwithstanding any other provision of this Act, a 
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restaurant licensed to sell alcoholic liquor in this State may 
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permit a patron to remove one unsealed  and partially consumed 
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bottle of wine for off-premise consumption provided that the 
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patron has purchased a meal and consumed a portion of the 
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bottle of wine with the meal on the restaurant premises.  A 
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partially consumed bottle of wine that is to be removed from 
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the premises pursuant to this Section  shall be securely sealed 
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by the licensee or an agent of the licensee prior to removal 
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from the premises and placed  in a transparent one-time use 
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tamper-proof bag. The licensee or agent of the licensee shall 
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provide a dated receipt for the bottle of wine to the patron. 
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Wine that is resealed in accordance with the provisions of this 
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Section and not tampered with shall not be deemed an unsealed 
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container for the purposes of Section 11-502 of the Illinois 
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Vehicle Code.
 
 


 






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    Section 10. The Illinois Vehicle Code is amended  by 
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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 
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liquor in
a motor vehicle.

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    (a) Except as provided in paragraph (c) and in Section 6-33 
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of the Liquor Control Act of 1934, no driver may
transport, 
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carry, possess or have any alcoholic
liquor within the 
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passenger area of any motor vehicle upon a highway in
this 
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State except in the original container and with the seal 
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unbroken.

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    (b) Except as provided in paragraph (c) and in Section 6-33 
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of the Liquor Control Act of 1934, no passenger may carry, 
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possess
or have any alcoholic liquor within any passenger area 
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of any motor vehicle
upon a highway in this State except in the 
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original container and with the
seal unbroken.

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    (c) This Section shall not apply to the passengers in a 
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limousine when
it is being used for purposes for which a 
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limousine is ordinarily used,
the passengers on a chartered bus 
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when it is being used for purposes for
which chartered buses 
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are ordinarily used or on a motor home or mini motor
home as 
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defined in Section 1-145.01 of this Code.  However, the driver 
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of
any such vehicle is prohibited from consuming or having any 
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alcoholic
liquor in or about the driver's area. Any evidence of 
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alcoholic consumption
by the driver shall be prima facie 
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evidence of such driver's failure to
obey this Section. For the 
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purposes of this Section, a limousine is a motor
vehicle of the 
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first division with the passenger compartment enclosed by a

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partition or dividing window used in the for-hire 
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transportation of
passengers and operated by an individual in 
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possession of a valid Illinois
driver's license of the 
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appropriate classification pursuant to Section 6-104
of this 
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Code.

 


 






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    (d) The exemption applicable to chartered buses under 
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paragraph (c)
does not apply to any chartered bus being used 
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for school purposes.

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    (e) Any driver who is convicted of violating subsection (a) 
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of this
Section for a second or subsequent time within one year 
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of a similar
conviction shall be subject to suspension of 
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driving privileges as
provided, in paragraph 23 of subsection 
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(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 
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date of the
offense and who is convicted of violating 
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subsection (a) of this Section or a
similar provision of a 
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local ordinance, shall be subject to the loss of driving

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privileges as provided in paragraph 13 of subsection (a) of 
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Section 6-205 of
this Code and paragraph 33 of subsection (a) 
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of Section 6-206 of this Code.

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(Source: P.A. 88-209.)".