Sen. Kirk W. Dillard

Filed: 3/2/2006

 

 


 

 


 
09400SB1835sam003 LRB094 10872 LJB 56918 a

1
AMENDMENT TO SENATE BILL 1835

2     AMENDMENT NO. ______. Amend Senate Bill 1835 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-16 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 sell,
10 give, or deliver alcoholic liquor to any person under the age
11 of 21 years or to any intoxicated person, except as provided in
12 Section 6-16.1. (ii) No express company, common carrier, or
13 contract carrier nor any representative, agent, or employee on
14 behalf of an express company, common carrier, or contract
15 carrier that carries or transports alcoholic liquor for
16 delivery within this State shall knowingly give or knowingly
17 deliver to a residential address any shipping container clearly
18 labeled as containing alcoholic liquor and labeled as requiring
19 signature of an adult of at least 21 years of age to any person
20 in this State under the age of 21 years. An express company,
21 common carrier, or contract carrier that carries or transports
22 such alcoholic liquor for delivery within this State shall
23 obtain a signature at the time of delivery acknowledging
24 receipt of the alcoholic liquor by an adult who is at least 21

 

 

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1 years of age. At no time while delivering alcoholic beverages
2 within this State may any representative, agent, or employee of
3 an express company, common carrier, or contract carrier that
4 carries or transports alcoholic liquor for delivery within this
5 State deliver the alcoholic liquor to a residential address
6 without the acknowledgment of the consignee and without first
7 obtaining a signature at the time of the delivery by an adult
8 who is at least 21 years of age. A signature of a person on file
9 with the express company, common carrier, or contract carrier
10 does not constitute acknowledgement of the consignee. Any
11 express company, common carrier, or contract carrier that
12 transports alcoholic liquor for delivery within this State that
13 violates this item (ii) of this subsection (a) by delivering
14 alcoholic liquor without the acknowledgement of the consignee
15 and without first obtaining a signature at the time of the
16 delivery by an adult who is at least 21 years of age is guilty
17 of a business offense for which the express company, common
18 carrier, or contract carrier that transports alcoholic liquor
19 within this State shall be fined not more than $1,001 for a
20 first offense, not more than $5,000 for a second offense, and
21 not more than $10,000 for a third or subsequent offense. An
22 express company, common carrier, or contract carrier shall be
23 held vicariously liable for the actions of its representatives,
24 agents, or employees. For purposes of this Act, in addition to
25 other methods authorized by law, an express company, common
26 carrier, or contract carrier shall be considered served with
27 process when a representative, agent, or employee alleged to
28 have violated this Act is personally served. Each shipment of
29 alcoholic liquor delivered in violation of this item (ii) of
30 this subsection (a) constitutes a separate offense. (iii) No
31 person, after purchasing or otherwise obtaining alcoholic
32 liquor, shall sell, give, or deliver such alcoholic liquor to
33 another person under the age of 21 years, except (1) in the
34 performance of a religious ceremony or service or (2) in the

 

 

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1 course of instruction by a person who is an authorized
2 instructor of the culinary arts of an accredited college or
3 university, as defined by the State Commission, and is 21 years
4 of age or older. Except as otherwise provided in item (ii), any
5 express company, common carrier, or contract carrier that
6 transports alcoholic liquor within this State that violates the
7 provisions of item (i), (ii), or (iii) of this paragraph of
8 this subsection (a) is guilty of a Class A misdemeanor and the
9 sentence shall include, but shall not be limited to, a fine of
10 not less than $500. Any person who violates the provisions of
11 item (iii) of this paragraph of this subsection (a) is guilty
12 of a Class A misdemeanor and the sentence shall include, but
13 shall not be limited to a fine of not less than $500 for a first
14 offense and not less than $2,000 for a second or subsequent
15 offense. Any person who knowingly violates the provisions of
16 item (iii) of this paragraph of this subsection (a) is guilty
17 of a Class 4 felony if a death occurs as the result of the
18 violation.
19     If a licensee or officer, associate, member,
20 representative, agent, or employee of the licensee, or a
21 representative, agent, or employee of an express company,
22 common carrier, or contract carrier that carries or transports
23 alcoholic liquor for delivery within this State, is prosecuted
24 under this paragraph of this subsection (a) for selling,
25 giving, or delivering alcoholic liquor to a person under the
26 age of 21 years, the person under 21 years of age who attempted
27 to buy or receive the alcoholic liquor may be prosecuted
28 pursuant to Section 6-20 of this Act, unless the person under
29 21 years of age was acting under the authority of a law
30 enforcement agency, the Illinois Liquor Control Commission, or
31 a local liquor control commissioner pursuant to a plan or
32 action to investigate, patrol, or conduct any similar
33 enforcement action.
34     For the purpose of preventing the violation of this

 

 

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1 Section, any licensee, or his agent or employee, or a
2 representative, agent, or employee of an express company,
3 common carrier, or contract carrier that carries or transports
4 alcoholic liquor for delivery within this State, shall refuse
5 to sell, deliver, or serve alcoholic beverages to any person
6 who is unable to produce adequate written evidence of identity
7 and of the fact that he or she is over the age of 21 years, if
8 requested by the licensee, agent, employee, or representative.
9     Adequate written evidence of age and identity of the person
10 is a document issued by a federal, state, county, or municipal
11 government, or subdivision or agency thereof, including, but
12 not limited to, a motor vehicle operator's license, a
13 registration certificate issued under the Federal Selective
14 Service Act, or an identification card issued to a member of
15 the Armed Forces. Proof that the defendant-licensee, or his
16 employee or agent, or the representative, agent, or employee of
17 the express company, common carrier, or contract carrier that
18 carries or transports alcoholic liquor for delivery within this
19 State demanded, was shown and reasonably relied upon such
20 written evidence in any transaction forbidden by this Section
21 is an affirmative defense in any criminal prosecution therefor
22 or to any proceedings for the suspension or revocation of any
23 license based thereon. It shall not, however, be an affirmative
24 defense if the agent or employee accepted the written evidence
25 knowing it to be false or fraudulent. If a false or fraudulent
26 Illinois driver's license or Illinois identification card is
27 presented by a person less than 21 years of age to a licensee
28 or the licensee's agent or employee for the purpose of
29 ordering, purchasing, attempting to purchase, or otherwise
30 obtaining or attempting to obtain the serving of any alcoholic
31 beverage, the law enforcement officer or agency investigating
32 the incident shall, upon the conviction of the person who
33 presented the fraudulent license or identification, make a
34 report of the matter to the Secretary of State on a form

 

 

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1 provided by the Secretary of State.
2     However, no agent or employee of the licensee or employee
3 of an express company, common carrier, or contract carrier that
4 carries or transports alcoholic liquor for delivery within this
5 State shall be disciplined or discharged for selling or
6 furnishing liquor to a person under 21 years of age if the
7 agent or employee demanded and was shown, before furnishing
8 liquor to a person under 21 years of age, adequate written
9 evidence of age and identity of the person issued by a federal,
10 state, county or municipal government, or subdivision or agency
11 thereof, including but not limited to a motor vehicle
12 operator's license, a registration certificate issued under
13 the Federal Selective Service Act, or an identification card
14 issued to a member of the Armed Forces. This paragraph,
15 however, shall not apply if the agent or employee accepted the
16 written evidence knowing it to be false or fraudulent.
17     Any person who sells, gives, or furnishes to any person
18 under the age of 21 years any false or fraudulent written,
19 printed, or photostatic evidence of the age and identity of
20 such person or who sells, gives or furnishes to any person
21 under the age of 21 years evidence of age and identification of
22 any other person is guilty of a Class A misdemeanor and the
23 person's sentence shall include, but shall not be limited to, a
24 fine of not less than $500.
25     Any person under the age of 21 years who presents or offers
26 to any licensee, his agent or employee, any written, printed or
27 photostatic evidence of age and identity that is false,
28 fraudulent, or not actually his or her own for the purpose of
29 ordering, purchasing, attempting to purchase or otherwise
30 procuring or attempting to procure, the serving of any
31 alcoholic beverage, who falsely states in writing that he or
32 she is at least 21 years of age when receiving alcoholic liquor
33 from a representative, agent, or employee of an express
34 company, common carrier, or contract carrier, or who has in his

 

 

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1 or her possession any false or fraudulent written, printed, or
2 photostatic evidence of age and identity, is guilty of a Class
3 A misdemeanor and the person's sentence shall include, but
4 shall not be limited to, the following: a fine of not less than
5 $500 and at least 25 hours of community service. If possible,
6 any community service shall be performed for an alcohol abuse
7 prevention program.
8     Any person under the age of 21 years who has any alcoholic
9 beverage in his or her possession on any street or highway or
10 in any public place or in any place open to the public is
11 guilty of a Class A misdemeanor. This Section does not apply to
12 possession by a person under the age of 21 years making a
13 delivery of an alcoholic beverage in pursuance of the order of
14 his or her parent or in pursuance of his or her employment.
15     (a-1) It is unlawful for any parent or guardian to permit
16 his or her residence to be used by an invitee of the parent's
17 child or the guardian's ward, if the invitee is under the age
18 of 21, in a manner that constitutes a violation of this
19 Section. A parent or guardian is deemed to have permitted his
20 or her residence to be used in violation of this Section if he
21 or she knowingly authorizes, enables, or permits such use to
22 occur by failing to control access to either the residence or
23 the alcoholic liquor maintained in the residence. Any person
24 who violates this subsection (a-1) is guilty of a Class A
25 misdemeanor and the person's sentence shall include, but shall
26 not be limited to, a fine of not less than $500. Nothing in
27 this subsection (a-1) shall be construed to prohibit the giving
28 of alcoholic liquor to a person under the age of 21 years in
29 the performance of a religious ceremony or service.
30     (b) Except as otherwise provided in this Section whoever
31 violates this Section shall, in addition to other penalties
32 provided for in this Act, be guilty of a Class A misdemeanor.
33     (c) Any person shall be guilty of a Class A misdemeanor
34 where he or she knowingly permits a gathering at a residence

 

 

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1 which he or she occupies of two or more persons where any one
2 or more of the persons is under 21 years of age and the
3 following factors also apply:
4         (1) the person occupying the residence knows that any
5     such person under the age of 21 is in possession of or is
6     consuming any alcoholic beverage; and
7         (2) the possession or consumption of the alcohol by the
8     person under 21 is not otherwise permitted by this Act; and
9         (3) the person occupying the residence knows that the
10     person under the age of 21 leaves the residence in an
11     intoxicated condition.
12     For the purposes of this subsection (c) where the residence
13 has an owner and a tenant or lessee, there is a rebuttable
14 presumption that the residence is occupied only by the tenant
15 or lessee.
16     (d) Any person who rents a hotel or motel room from the
17 proprietor or agent thereof for the purpose of or with the
18 knowledge that such room shall be used for the consumption of
19 alcoholic liquor by persons under the age of 21 years shall be
20 guilty of a Class A misdemeanor.
21     (e) Except as otherwise provided in this Act, any person
22 who has alcoholic liquor in his or her possession on public
23 school district property on school days or at events on public
24 school district property when children are present is guilty of
25 a petty offense, unless the alcoholic liquor (i) is in the
26 original container with the seal unbroken and is in the
27 possession of a person who is not otherwise legally prohibited
28 from possessing the alcoholic liquor or (ii) is in the
29 possession of a person in or for the performance of a religious
30 service or ceremony authorized by the school board.
31     (f) The clerk of the court shall forward to the Secretary
32 of State any conviction entered under this Section within 5
33 days after the conviction in a form or manner as prescribed by
34 the Secretary of State.

 

 

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1 (Source: P.A. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02; 92-507,
2 eff. 1-1-02; 92-651, eff. 7-11-02; 92-687, eff. 1-1-03.)
 
3     Section 99. Effective date. This Act takes effect January
4 1, 2007.".