Full Text of SB0401 099th General Assembly
SB0401 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0401 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | |
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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| | | SB0401 | | LRB099 03239 RPS 23247 b |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-16.1 as follows: | 6 | | (235 ILCS 5/6-16.1)
| 7 | | Sec. 6-16.1. Enforcement actions.
| 8 | | (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
the age | 11 | | of 21 years or authorize the
sale, gift, or delivery of | 12 | | alcoholic liquor to a person under the age of 21
years pursuant | 13 | | to a plan or action to investigate, patrol, or otherwise | 14 | | conduct
a "sting operation" or enforcement action against a | 15 | | person employed by the
licensee or on any licensed premises if | 16 | | the licensee or officer, associate,
member, representative, | 17 | | agent, or employee of the licensee provides written
notice, at | 18 | | least 14 days before the "sting operation" or enforcement | 19 | | action,
unless governing body of the municipality or county | 20 | | having jurisdiction sets a
shorter period by ordinance, to the | 21 | | law enforcement agency having jurisdiction,
the local liquor | 22 | | control commissioner, or both. Notice provided under this
| 23 | | Section shall be valid for a "sting operation" or enforcement |
| | | SB0401 | - 2 - | LRB099 03239 RPS 23247 b |
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| 1 | | action conducted
within 60 days of the provision of that | 2 | | notice, unless the governing body of
the municipality or county | 3 | | having jurisdiction sets a shorter period by
ordinance.
| 4 | | (b) A local liquor control commission or unit of local | 5 | | government that
conducts alcohol and tobacco compliance | 6 | | operations shall establish a policy and
standards for alcohol | 7 | | and tobacco compliance operations to investigate whether
a | 8 | | licensee is furnishing (1) alcoholic liquor to persons under 21 | 9 | | years of age
in violation of this Act or (2) tobacco to persons | 10 | | in violation of the Prevention of Tobacco Use by Minors and | 11 | | Sale and Distribution of Tobacco Products Act.
| 12 | | (c) The Illinois Law Enforcement Training Standards Board | 13 | | shall
develop a model policy and guidelines for the operation | 14 | | of alcohol and tobacco
compliance checks by local law | 15 | | enforcement officers. The Illinois Law
Enforcement Training | 16 | | Standards Board shall also require the supervising
officers of | 17 | | such compliance checks to have met a minimum training standard | 18 | | as
determined by the Board. The Board shall have the right to | 19 | | waive any training
based on current written policies and | 20 | | procedures for alcohol and tobacco
compliance check operations | 21 | | and in-service training already administered by
the local law | 22 | | enforcement agency, department, or office.
| 23 | | (d) The provisions of subsections (b) and (c) do not apply | 24 | | to a home rule
unit with more than 2,000,000 inhabitants.
| 25 | | (e) A home rule unit, other than a home rule unit with more | 26 | | than 2,000,000
inhabitants, may not regulate enforcement |
| | | SB0401 | - 3 - | LRB099 03239 RPS 23247 b |
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| 1 | | actions in a manner inconsistent with
the regulation of | 2 | | enforcement actions under this Section. This subsection (e)
is | 3 | | a limitation under subsection (i) of Section 6 of Article VII | 4 | | of the
Illinois Constitution on the concurrent exercise by home | 5 | | rule units
of powers and functions
exercised by the State.
| 6 | | (f) A licensee who is the subject of an enforcement action | 7 | | or "sting
operation" under this Section and is found, pursuant | 8 | | to the enforcement action,
to be in compliance with this Act | 9 | | shall be notified by the enforcement agency action that no | 10 | | violation was found within 30 days after the finding.
| 11 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | 12 | | 96-1000, eff. 7-2-10.)
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