Full Text of HB4569 93rd General Assembly
HB4569 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4569
Introduced 02/04/04, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Liquor Control Act of 1934. Makes a technical change in a Section
concerning enforcement actions.
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A BILL FOR
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HB4569 |
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LRB093 19019 LRD 44754 b |
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| AN ACT in relation to alcoholic liquor.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section
6-16.1 as follows:
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| (235 ILCS 5/6-16.1)
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| Sec. 6-16.1. Enforcement actions.
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| (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 of | 11 |
| 21 years of age
or authorize the
sale, gift, or delivery of | 12 |
| alcoholic liquor to a person under the age of 21
years of age | 13 |
| pursuant to a plan or action to investigate, patrol, or
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| 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 "sting | 24 |
| operation" or enforcement action conducted
within 60 days of | 25 |
| the provision of that notice, unless the governing body of
the | 26 |
| municipality or county having jurisdiction sets a shorter | 27 |
| period by
ordinance.
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| (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 | 32 |
| licensee is furnishing (1) alcoholic liquor to persons under 21 |
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HB4569 |
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LRB093 19019 LRD 44754 b |
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| years of age
in violation of this Act or (2) tobacco to persons | 2 |
| in violation of the Sale of
Tobacco to Minors Act.
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| (c) The Illinois Law Enforcement Training Standards Board | 4 |
| shall
develop a model policy and guidelines for the operation | 5 |
| of alcohol and tobacco
compliance checks by local law | 6 |
| enforcement officers. The Illinois Law
Enforcement Training | 7 |
| Standards Board shall also require the supervising
officers of | 8 |
| such compliance checks to have met a minimum training standard | 9 |
| as
determined by the Board. The Board shall have the right to | 10 |
| waive any training
based on current written policies and | 11 |
| procedures for alcohol and tobacco
compliance check operations | 12 |
| and in-service training already administered by
the local law | 13 |
| enforcement agency, department, or office.
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| (d) The provisions of subsections (b) and (c) do not apply | 15 |
| to a home rule
unit with more than 2,000,000 inhabitants.
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| (e) A home rule unit, other than a home rule unit with more | 17 |
| than 2,000,000
inhabitants, may not regulate enforcement | 18 |
| actions in a manner inconsistent with
the regulation of | 19 |
| enforcement actions under this Section. This subsection (e)
is | 20 |
| a limitation under subsection (i) of Section 6 of Article VII | 21 |
| of the
Illinois Constitution on the concurrent exercise by home | 22 |
| rule units
of powers and functions
exercised by the State.
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| (Source: P.A. 92-503, eff. 1-1-02.)
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