Sen. Antonio Muņoz

Filed: 4/16/2015

 

 


 

 


 
09900SB0868sam002LRB099 05865 RPS 34108 a

1
AMENDMENT TO SENATE BILL 868

2    AMENDMENT NO. ______. Amend Senate Bill 868, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Liquor Control Act of 1934 is amended by
6changing Section 6-16 as follows:
 
7    (235 ILCS 5/6-16)  (from Ch. 43, par. 131)
8    Sec. 6-16. Prohibited sales and possession.
9    (a) (i) No licensee nor any officer, associate, member,
10representative, agent, or employee of such licensee shall sell,
11give, or deliver alcoholic liquor to any person under the age
12of 21 years or to any intoxicated person, except as provided in
13Section 6-16.1. (ii) No express company, common carrier, or
14contract carrier nor any representative, agent, or employee on
15behalf of an express company, common carrier, or contract
16carrier that carries or transports alcoholic liquor for

 

 

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1delivery within this State shall knowingly give or knowingly
2deliver to a residential address any shipping container clearly
3labeled as containing alcoholic liquor and labeled as requiring
4signature of an adult of at least 21 years of age to any person
5in this State under the age of 21 years. An express company,
6common carrier, or contract carrier that carries or transports
7such alcoholic liquor for delivery within this State shall
8obtain a signature at the time of delivery acknowledging
9receipt of the alcoholic liquor by an adult who is at least 21
10years of age. At no time while delivering alcoholic beverages
11within this State may any representative, agent, or employee of
12an express company, common carrier, or contract carrier that
13carries or transports alcoholic liquor for delivery within this
14State deliver the alcoholic liquor to a residential address
15without the acknowledgment of the consignee and without first
16obtaining a signature at the time of the delivery by an adult
17who is at least 21 years of age. A signature of a person on file
18with the express company, common carrier, or contract carrier
19does not constitute acknowledgement of the consignee. Any
20express company, common carrier, or contract carrier that
21transports alcoholic liquor for delivery within this State that
22violates this item (ii) of this subsection (a) by delivering
23alcoholic liquor without the acknowledgement of the consignee
24and without first obtaining a signature at the time of the
25delivery by an adult who is at least 21 years of age is guilty
26of a business offense for which the express company, common

 

 

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1carrier, or contract carrier that transports alcoholic liquor
2within this State shall be fined not more than $1,001 for a
3first offense, not more than $5,000 for a second offense, and
4not more than $10,000 for a third or subsequent offense. An
5express company, common carrier, or contract carrier shall be
6held vicariously liable for the actions of its representatives,
7agents, or employees. For purposes of this Act, in addition to
8other methods authorized by law, an express company, common
9carrier, or contract carrier shall be considered served with
10process when a representative, agent, or employee alleged to
11have violated this Act is personally served. Each shipment of
12alcoholic liquor delivered in violation of this item (ii) of
13this subsection (a) constitutes a separate offense. (iii) No
14person, after purchasing or otherwise obtaining alcoholic
15liquor, shall sell, give, or deliver such alcoholic liquor to
16another person under the age of 21 years, except in the
17performance of a religious ceremony or service. Except as
18otherwise provided in item (ii), any express company, common
19carrier, or contract carrier that transports alcoholic liquor
20within this State that violates the provisions of item (i),
21(ii), or (iii) of this paragraph of this subsection (a) is
22guilty of a Class A misdemeanor and the sentence shall include,
23but shall not be limited to, a fine of not less than $500. Any
24person who violates the provisions of item (iii) of this
25paragraph of this subsection (a) is guilty of a Class A
26misdemeanor and the sentence shall include, but shall not be

 

 

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1limited to a fine of not less than $500 for a first offense and
2not less than $2,000 for a second or subsequent offense. Any
3person who knowingly violates the provisions of item (iii) of
4this paragraph of this subsection (a) is guilty of a Class 4
5felony if a death occurs as the result of the violation.
6    If a licensee or officer, associate, member,
7representative, agent, or employee of the licensee, or a
8representative, agent, or employee of an express company,
9common carrier, or contract carrier that carries or transports
10alcoholic liquor for delivery within this State, is prosecuted
11under this paragraph of this subsection (a) for selling,
12giving, or delivering alcoholic liquor to a person under the
13age of 21 years, the person under 21 years of age who attempted
14to buy or receive the alcoholic liquor may be prosecuted
15pursuant to Section 6-20 of this Act, unless the person under
1621 years of age was acting under the authority of a law
17enforcement agency, the Illinois Liquor Control Commission, or
18a local liquor control commissioner pursuant to a plan or
19action to investigate, patrol, or conduct any similar
20enforcement action.
21    For the purpose of preventing the violation of this
22Section, any licensee, or his agent or employee, or a
23representative, agent, or employee of an express company,
24common carrier, or contract carrier that carries or transports
25alcoholic liquor for delivery within this State, shall refuse
26to sell, deliver, or serve alcoholic beverages to any person

 

 

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

 

 

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1the incident shall, upon the conviction of the person who
2presented the fraudulent license or identification, make a
3report of the matter to the Secretary of State on a form
4provided by the Secretary of State.
5    However, no agent or employee of the licensee or employee
6of an express company, common carrier, or contract carrier that
7carries or transports alcoholic liquor for delivery within this
8State shall be disciplined or discharged for selling or
9furnishing liquor to a person under 21 years of age if the
10agent or employee demanded and was shown, before furnishing
11liquor to a person under 21 years of age, adequate written
12evidence of age and identity of the person issued by a federal,
13state, county or municipal government, or subdivision or agency
14thereof, including but not limited to a motor vehicle
15operator's license, a registration certificate issued under
16the Federal Selective Service Act, or an identification card
17issued to a member of the Armed Forces. This paragraph,
18however, shall not apply if the agent or employee accepted the
19written evidence knowing it to be false or fraudulent.
20    Any person who sells, gives, or furnishes to any person
21under the age of 21 years any false or fraudulent written,
22printed, or photostatic evidence of the age and identity of
23such person or who sells, gives or furnishes to any person
24under the age of 21 years evidence of age and identification of
25any other person is guilty of a Class A misdemeanor and the
26person's sentence shall include, but shall not be limited to, a

 

 

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1fine of not less than $500.
2    Any person under the age of 21 years who presents or offers
3to any licensee, his agent or employee, any written, printed or
4photostatic evidence of age and identity that is false,
5fraudulent, or not actually his or her own for the purpose of
6ordering, purchasing, attempting to purchase or otherwise
7procuring or attempting to procure, the serving of any
8alcoholic beverage, who falsely states in writing that he or
9she is at least 21 years of age when receiving alcoholic liquor
10from a representative, agent, or employee of an express
11company, common carrier, or contract carrier, or who has in his
12or her possession any false or fraudulent written, printed, or
13photostatic evidence of age and identity, is guilty of a Class
14A misdemeanor and the person's sentence shall include, but
15shall not be limited to, the following: a fine of not less than
16$500 and at least 25 hours of community service. If possible,
17any community service shall be performed for an alcohol abuse
18prevention program.
19    Any person under the age of 21 years who has any alcoholic
20beverage in his or her possession on any street or highway or
21in any public place or in any place open to the public is
22guilty of a Class A misdemeanor. This Section does not apply to
23possession by a person under the age of 21 years making a
24delivery of an alcoholic beverage in pursuance of the order of
25his or her parent or in pursuance of his or her employment.
26    (a-1) It is unlawful for any parent or guardian to

 

 

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1knowingly permit his or her residence, any other private
2property under his or her control, or any vehicle, conveyance,
3or watercraft under his or her control to be used by an invitee
4of the parent's child or the guardian's ward, if the invitee is
5under the age of 21, in a manner that constitutes a violation
6of this Section. A parent or guardian is deemed to have
7knowingly permitted his or her residence, any other private
8property under his or her control, or any vehicle, conveyance,
9or watercraft under his or her control to be used in violation
10of this Section if he or she knowingly authorizes or permits
11consumption of alcoholic liquor by underage invitees. Any
12person who violates this subsection (a-1) is guilty of a Class
13A misdemeanor and the person's sentence shall include, but
14shall not be limited to, a fine of not less than $500. Where a
15violation of this subsection (a-1) directly or indirectly
16results in great bodily harm or death to any person, the person
17violating this subsection shall be guilty of a Class 4 felony.
18Nothing in this subsection (a-1) shall be construed to prohibit
19the giving of alcoholic liquor to a person under the age of 21
20years in the performance of a religious ceremony or service in
21observation of a religious holiday.
22    For the purposes of this subsection (a-1) where the
23residence or other property has an owner and a tenant or
24lessee, the trier of fact may infer that the residence or other
25property is occupied only by the tenant or lessee.
26    (b) Except as otherwise provided in this Section whoever

 

 

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1violates this Section shall, in addition to other penalties
2provided for in this Act, be guilty of a Class A misdemeanor.
3    (c) Any person shall be guilty of a Class A misdemeanor
4where he or she knowingly authorizes or permits a residence
5which he or she occupies to be used by an invitee under 21
6years of age and:
7        (1) the person occupying the residence knows that any
8    such person under the age of 21 is in possession of or is
9    consuming any alcoholic beverage; and
10        (2) the possession or consumption of the alcohol by the
11    person under 21 is not otherwise permitted by this Act.
12    For the purposes of this subsection (c) where the residence
13has an owner and a tenant or lessee, the trier of fact may
14infer that the residence is occupied only by the tenant or
15lessee. The sentence of any person who violates this subsection
16(c) shall include, but shall not be limited to, a fine of not
17less than $500. Where a violation of this subsection (c)
18directly or indirectly results in great bodily harm or death to
19any person, the person violating this subsection (c) shall be
20guilty of a Class 4 felony. Nothing in this subsection (c)
21shall be construed to prohibit the giving of alcoholic liquor
22to a person under the age of 21 years in the performance of a
23religious ceremony or service in observation of a religious
24holiday.
25    A person shall not be in violation of this subsection (c)
26if (A) he or she requests assistance from the police department

 

 

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1or other law enforcement agency to either (i) remove any person
2who refuses to abide by the person's performance of the duties
3imposed by this subsection (c) or (ii) terminate the activity
4because the person has been unable to prevent a person under
5the age of 21 years from consuming alcohol despite having taken
6all reasonable steps to do so and (B) this assistance is
7requested before any other person makes a formal complaint to
8the police department or other law enforcement agency about the
9activity.
10    (d) Any person who rents a hotel or motel room from the
11proprietor or agent thereof for the purpose of or with the
12knowledge that such room shall be used for the consumption of
13alcoholic liquor by persons under the age of 21 years shall be
14guilty of a Class A misdemeanor.
15    (e) Except as otherwise provided in this Act, any person
16who has alcoholic liquor in his or her possession on public
17school district property on school days or at events on public
18school district property when children are present is guilty of
19a petty offense, unless the alcoholic liquor (i) is in the
20original container with the seal unbroken and is in the
21possession of a person who is not otherwise legally prohibited
22from possessing the alcoholic liquor or (ii) is in the
23possession of a person in or for the performance of a religious
24service or ceremony authorized by the school board.
25    (f) A licensee may bring a civil action against a person
26who:

 

 

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1        (1) is over the age of 18 years but under the age of 21
2    years;
3        (2) has been previously convicted of or received a
4    citation for an alcohol-related offense on at least 2
5    different occasions; and
6        (3) procures or attempts to procure alcoholic liquor
7    from the licensee or possesses or consumes alcoholic liquor
8    on the licensee's premises.
9    If judgment is entered in favor of the licensee, the court
10shall award damages to the licensee in the amount of $1,000
11plus the costs of the action, including reasonable attorney's
12fees. A licensee may bring an action under this subsection (f)
13regardless of whether the person has been convicted of or
14received a citation for engaging in the conduct specified in
15paragraph (3) of this subsection (f), but the licensee has the
16burden of proving, by a preponderance of the evidence, that the
17person engaged in the conduct specified in paragraph (3) of
18this subsection (f).
19    A licensee may not bring a civil action under this
20subsection (f) unless the licensee has first provided notice of
21the licensee's intent to bring a civil action under this
22subsection (f) to the person. The notice shall be mailed to the
23last-known address of that person at least 15 days prior to
24filing the action and shall include a demand for the relief
25described in this subsection (f). The State Commission may, by
26rule, prescribe a form for this notice.

 

 

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1    This subsection (f) does not apply to enforcement actions
2conducted pursuant to Section 6-16.1 of this Act.
3(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
 
4    Section 10. The Video Gaming Act is amended by changing
5Section 40 as follows:
 
6    (230 ILCS 40/40)
7    Sec. 40. Video gaming terminal use by minors prohibited.
8    (a) No licensee shall cause or permit any person under the
9age of 21 years to use or play a video gaming terminal. Any
10licensee who knowingly permits a person under the age of 21
11years to use or play a video gaming terminal is guilty of a
12business offense and shall be fined an amount not to exceed
13$5,000.
14    (b) A licensee may bring a civil action against a person
15who:
16        (1) is over the age of 18 years but under the age of 21
17    years;
18        (2) has previously been convicted of or received a
19    citation for a gambling-related offense on at least 2
20    different occasions; and
21        (3) uses or plays or attempts to use or play a video
22    gaming terminal on the licensee's premises.
23    If judgment is entered in favor of the licensee, the court
24shall award damages to the licensee in the amount of $1,000

 

 

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1plus the costs of the action, including reasonable attorney's
2fees.
3    A licensee may not bring a civil action under this
4subsection (b) unless the licensee has first provided notice of
5the licensee's intent to bring a civil action under this
6subsection (b) to the person. The notice shall be mailed to the
7last-known address of that person at least 15 days prior to
8filing the action and shall include a demand for the relief
9described in this subsection (b). The Board may, by rule,
10prescribe a form for this notice.
11(Source: P.A. 96-34, eff. 7-13-09.)".