99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1432

 

Introduced 2/20/2015, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/10-1  from Ch. 43, par. 183
430 ILCS 66/65

    Amends the Liquor Control Act of 1934. Provides that any owner of an establishment that serves alcohol on its premises who maintains a retail liquor license as provided in the Act and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer, (deletes if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol) who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000. Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm on or into any building, real property, and parking area under the control of an establishment that maintains a retail liquor license as provided in the Liquor Control Act of 1934 and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer (rather than serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1432LRB099 06030 RLC 26084 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 10-1 as follows:
 
6    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
7    Sec. 10-1. Violations; penalties. Whereas a substantial
8threat to the sound and careful control, regulation, and
9taxation of the manufacture, sale, and distribution of
10alcoholic liquors exists by virtue of individuals who
11manufacture, import, distribute, or sell alcoholic liquors
12within the State without having first obtained a valid license
13to do so, and whereas such threat is especially serious along
14the borders of this State, and whereas such threat requires
15immediate correction by this Act, by active investigation and
16prosecution by law enforcement officials and prosecutors, and
17by prompt and strict enforcement through the courts of this
18State to punish violators and to deter such conduct in the
19future:
20    (a) Any person who manufactures, imports for distribution
21or use, or distributes or sells alcoholic liquor at any place
22within the State without having first obtained a valid license
23to do so under the provisions of this Act shall be guilty of a

 

 

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1business offense and fined not more than $1,000 for the first
2such offense and shall be guilty of a Class 4 felony for each
3subsequent offense.
4    (b) (1) Any retailer, licensed in this State, who knowingly
5causes to furnish, give, sell, or otherwise being within the
6State, any alcoholic liquor destined to be used, distributed,
7consumed or sold in another state, unless such alcoholic liquor
8was received in this State by a duly licensed distributor, or
9importing distributors shall have his license suspended for 7
10days for the first offense and for the second offense, shall
11have his license revoked by the Commission.
12    (2) In the event the Commission receives a certified copy
13of a final order from a foreign jurisdiction that an Illinois
14retail licensee has been found to have violated that foreign
15jurisdiction's laws, rules, or regulations concerning the
16importation of alcoholic liquor into that foreign
17jurisdiction, the violation may be grounds for the Commission
18to revoke, suspend, or refuse to issue or renew a license, to
19impose a fine, or to take any additional action provided by
20this Act with respect to the Illinois retail license or
21licensee. Any such action on the part of the Commission shall
22be in accordance with this Act and implementing rules.
23    For the purposes of paragraph (2): (i) "foreign
24jurisdiction" means a state, territory, or possession of the
25United States, the District of Columbia, or the Commonwealth of
26Puerto Rico, and (ii) "final order" means an order or judgment

 

 

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1of a court or administrative body that determines the rights of
2the parties respecting the subject matter of the proceeding,
3that remains in full force and effect, and from which no appeal
4can be taken.
5    (c) Any person who shall make any false statement or
6otherwise violates any of the provisions of this Act in
7obtaining any license hereunder, or who having obtained a
8license hereunder shall violate any of the provisions of this
9Act with respect to the manufacture, possession, distribution
10or sale of alcoholic liquor, or with respect to the maintenance
11of the licensed premises, or shall violate any other provision
12of this Act, shall for a first offense be guilty of a petty
13offense and fined not more than $500, and for a second or
14subsequent offense shall be guilty of a Class B misdemeanor.
15    (c-5) Any owner of an establishment that serves alcohol on
16its premises who maintains a retail liquor license as provided
17in subsection (d) of Section 5-1 of this Act and allows for the
18sale and consumption of alcoholic beverages on its premises as
19an on premise consumption retailer , if more than 50% of the
20establishment's gross receipts within the prior 3 months is
21from the sale of alcohol, who knowingly fails to prohibit
22concealed firearms on its premises or who knowingly makes a
23false statement or record to avoid the prohibition of concealed
24firearms on its premises under the Firearm Concealed Carry Act
25shall be guilty of a business offense with a fine up to $5,000.
26    (d) Each day any person engages in business as a

 

 

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1manufacturer, foreign importer, importing distributor,
2distributor or retailer in violation of the provisions of this
3Act shall constitute a separate offense.
4    (e) Any person, under the age of 21 years who, for the
5purpose of buying, accepting or receiving alcoholic liquor from
6a licensee, represents that he is 21 years of age or over shall
7be guilty of a Class A misdemeanor.
8    (f) In addition to the penalties herein provided, any
9person licensed as a wine-maker in either class who
10manufactures more wine than authorized by his license shall be
11guilty of a business offense and shall be fined $1 for each
12gallon so manufactured.
13    (g) A person shall be exempt from prosecution for a
14violation of this Act if he is a peace officer in the
15enforcement of the criminal laws and such activity is approved
16in writing by one of the following:
17        (1) In all counties, the respective State's Attorney;
18        (2) The Director of State Police under Section 2605-10,
19    2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
20    2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
21    2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
22    2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
23    2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
24    2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
25    2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
26    Department of State Police Law (20 ILCS 2605/2605-10,

 

 

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1    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2    2605/2605-110, 2605/2605-115, 2605/2605-120,
3    2605/2605-130, 2605/2605-140, 2605/2605-190,
4    2605/2605-200, 2605/2605-205, 2605/2605-210,
5    2605/2605-215, 2605/2605-250, 2605/2605-275,
6    2605/2605-300, 2605/2605-305, 2605/2605-315,
7    2605/2605-325, 2605/2605-335, 2605/2605-340,
8    2605/2605-350, 2605/2605-355, 2605/2605-360,
9    2605/2605-365, 2605/2605-375, 2605/2605-390,
10    2605/2605-400, 2605/2605-405, 2605/2605-420,
11    2605/2605-430, 2605/2605-435, 2605/2605-500,
12    2605/2605-525, or 2605/2605-550); or
13        (3) In cities over 1,000,000, the Superintendent of
14    Police.
15(Source: P.A. 98-63, eff. 7-9-13.)
 
16    Section 10. The Firearm Concealed Carry Act is amended by
17changing Section 65 as follows:
 
18    (430 ILCS 66/65)
19    Sec. 65. Prohibited areas.
20    (a) A licensee under this Act shall not knowingly carry a
21firearm on or into:
22        (1) Any building, real property, and parking area under
23    the control of a public or private elementary or secondary
24    school.

 

 

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1        (2) Any building, real property, and parking area under
2    the control of a pre-school or child care facility,
3    including any room or portion of a building under the
4    control of a pre-school or child care facility. Nothing in
5    this paragraph shall prevent the operator of a child care
6    facility in a family home from owning or possessing a
7    firearm in the home or license under this Act, if no child
8    under child care at the home is present in the home or the
9    firearm in the home is stored in a locked container when a
10    child under child care at the home is present in the home.
11        (3) Any building, parking area, or portion of a
12    building under the control of an officer of the executive
13    or legislative branch of government, provided that nothing
14    in this paragraph shall prohibit a licensee from carrying a
15    concealed firearm onto the real property, bikeway, or trail
16    in a park regulated by the Department of Natural Resources
17    or any other designated public hunting area or building
18    where firearm possession is permitted as established by the
19    Department of Natural Resources under Section 1.8 of the
20    Wildlife Code.
21        (4) Any building designated for matters before a
22    circuit court, appellate court, or the Supreme Court, or
23    any building or portion of a building under the control of
24    the Supreme Court.
25        (5) Any building or portion of a building under the
26    control of a unit of local government.

 

 

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1        (6) Any building, real property, and parking area under
2    the control of an adult or juvenile detention or
3    correctional institution, prison, or jail.
4        (7) Any building, real property, and parking area under
5    the control of a public or private hospital or hospital
6    affiliate, mental health facility, or nursing home.
7        (8) Any bus, train, or form of transportation paid for
8    in whole or in part with public funds, and any building,
9    real property, and parking area under the control of a
10    public transportation facility paid for in whole or in part
11    with public funds.
12        (9) Any building, real property, and parking area under
13    the control of an establishment that maintains a retail
14    liquor license as provided in subsection (d) of Section 5-1
15    of the Liquor Control Act of 1934 and allows for the sale
16    and consumption of alcoholic beverages on its premises as
17    an on premise consumption retailer. serves alcohol on its
18    premises, if more than 50% of the establishment's gross
19    receipts within the prior 3 months is from the sale of
20    alcohol. The owner of an establishment who knowingly fails
21    to prohibit concealed firearms on its premises as provided
22    in this paragraph or who knowingly makes a false statement
23    or record to avoid the prohibition on concealed firearms
24    under this paragraph is subject to the penalty under
25    subsection (c-5) of Section 10-1 of the Liquor Control Act
26    of 1934.

 

 

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1        (10) Any public gathering or special event conducted on
2    property open to the public that requires the issuance of a
3    permit from the unit of local government, provided this
4    prohibition shall not apply to a licensee who must walk
5    through a public gathering in order to access his or her
6    residence, place of business, or vehicle.
7        (11) Any building or real property that has been issued
8    a Special Event Retailer's license as defined in Section
9    1-3.17.1 of the Liquor Control Act during the time
10    designated for the sale of alcohol by the Special Event
11    Retailer's license, or a Special use permit license as
12    defined in subsection (q) of Section 5-1 of the Liquor
13    Control Act during the time designated for the sale of
14    alcohol by the Special use permit license.
15        (12) Any public playground.
16        (13) Any public park, athletic area, or athletic
17    facility under the control of a municipality or park
18    district, provided nothing in this Section shall prohibit a
19    licensee from carrying a concealed firearm while on a trail
20    or bikeway if only a portion of the trail or bikeway
21    includes a public park.
22        (14) Any real property under the control of the Cook
23    County Forest Preserve District.
24        (15) Any building, classroom, laboratory, medical
25    clinic, hospital, artistic venue, athletic venue,
26    entertainment venue, officially recognized

 

 

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1    university-related organization property, whether owned or
2    leased, and any real property, including parking areas,
3    sidewalks, and common areas under the control of a public
4    or private community college, college, or university.
5        (16) Any building, real property, or parking area under
6    the control of a gaming facility licensed under the
7    Riverboat Gambling Act or the Illinois Horse Racing Act of
8    1975, including an inter-track wagering location licensee.
9        (17) Any stadium, arena, or the real property or
10    parking area under the control of a stadium, arena, or any
11    collegiate or professional sporting event.
12        (18) Any building, real property, or parking area under
13    the control of a public library.
14        (19) Any building, real property, or parking area under
15    the control of an airport.
16        (20) Any building, real property, or parking area under
17    the control of an amusement park.
18        (21) Any building, real property, or parking area under
19    the control of a zoo or museum.
20        (22) Any street, driveway, parking area, property,
21    building, or facility, owned, leased, controlled, or used
22    by a nuclear energy, storage, weapons, or development site
23    or facility regulated by the federal Nuclear Regulatory
24    Commission. The licensee shall not under any circumstance
25    store a firearm or ammunition in his or her vehicle or in a
26    compartment or container within a vehicle located anywhere

 

 

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1    in or on the street, driveway, parking area, property,
2    building, or facility described in this paragraph.
3        (23) Any area where firearms are prohibited under
4    federal law.
5    (a-5) Nothing in this Act shall prohibit a public or
6private community college, college, or university from:
7        (1) prohibiting persons from carrying a firearm within
8    a vehicle owned, leased, or controlled by the college or
9    university;
10        (2) developing resolutions, regulations, or policies
11    regarding student, employee, or visitor misconduct and
12    discipline, including suspension and expulsion;
13        (3) developing resolutions, regulations, or policies
14    regarding the storage or maintenance of firearms, which
15    must include designated areas where persons can park
16    vehicles that carry firearms; and
17        (4) permitting the carrying or use of firearms for the
18    purpose of instruction and curriculum of officially
19    recognized programs, including but not limited to military
20    science and law enforcement training programs, or in any
21    designated area used for hunting purposes or target
22    shooting.
23    (a-10) The owner of private real property of any type may
24prohibit the carrying of concealed firearms on the property
25under his or her control. The owner must post a sign in
26accordance with subsection (d) of this Section indicating that

 

 

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1firearms are prohibited on the property, unless the property is
2a private residence.
3    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
4this Section except under paragraph (22) or (23) of subsection
5(a), any licensee prohibited from carrying a concealed firearm
6into the parking area of a prohibited location specified in
7subsection (a), (a-5), or (a-10) of this Section shall be
8permitted to carry a concealed firearm on or about his or her
9person within a vehicle into the parking area and may store a
10firearm or ammunition concealed in a case within a locked
11vehicle or locked container out of plain view within the
12vehicle in the parking area. A licensee may carry a concealed
13firearm in the immediate area surrounding his or her vehicle
14within a prohibited parking lot area only for the limited
15purpose of storing or retrieving a firearm within the vehicle's
16trunk, provided the licensee ensures the concealed firearm is
17unloaded prior to exiting the vehicle. For purposes of this
18subsection, "case" includes a glove compartment or console that
19completely encloses the concealed firearm or ammunition, the
20trunk of the vehicle, or a firearm carrying box, shipping box,
21or other container.
22    (c) A licensee shall not be in violation of this Section
23while he or she is traveling along a public right of way that
24touches or crosses any of the premises under subsection (a),
25(a-5), or (a-10) of this Section if the concealed firearm is
26carried on his or her person in accordance with the provisions

 

 

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1of this Act or is being transported in a vehicle by the
2licensee in accordance with all other applicable provisions of
3law.
4    (d) Signs stating that the carrying of firearms is
5prohibited shall be clearly and conspicuously posted at the
6entrance of a building, premises, or real property specified in
7this Section as a prohibited area, unless the building or
8premises is a private residence. Signs shall be of a uniform
9design as established by the Department and shall be 4 inches
10by 6 inches in size. The Department shall adopt rules for
11standardized signs to be used under this subsection.
12(Source: P.A. 98-63, eff. 7-9-13.)