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90_HB3254
235 ILCS 5/6-16.2 new
Amends the Liquor Control Act of 1934. Allows a
municipality or county to prohibit a licensee from permitting
a person under the age of 21 years to enter and remain in a
portion of a licensed premises that sells, gives, or delivers
alcoholic liquor for consumption on the premises. Provides
that reliance on adequate written evidence of age and
identity is an affirmative defense. Requires reports to the
Secretary of State concerning use of a false or fraudulent ID
or driver's license.
LRB9011110LDdvA
LRB9011110LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by adding
2 Section 6-16.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 adding Section 6-16.2 as follows:
7 (235 ILCS 5/6-16.2 new)
8 Sec. 6-16.2. Prohibited entry to a licensed premises. A
9 municipality or county may prohibit a licensee or any
10 officer, associate, member, representative, agent, or
11 employee of a licensee from permitting a person under the age
12 of 21 years to enter and remain in that portion of a licensed
13 premises that sells, gives, or delivers alcoholic liquor for
14 consumption on the premises.
15 In those instances where a person under the age of 21
16 years is prohibited from entering and remaining on the
17 premises, proof that the defendant-licensee, or his employee
18 or agent, demanded, was shown, and reasonably relied upon
19 adequate written evidence for purposes of entering and
20 remaining on the licensed premises is an affirmative defense
21 in any criminal prosecution therefor or to any proceedings
22 for the suspension or revocation of any license based
23 thereon. It shall not, however, be an affirmative defense if
24 the defendant-license, or his agent or employee, accepted the
25 written evidence knowing it to be false or fraudulent.
26 Adequate written evidence of age and identity of the
27 person is a document issued by a federal, state, county, or
28 municipal government, or subdivision or agency thereof,
29 including, but not limited to, a motor vehicle operator's
30 license, a registration certificate issued under the Federal
31 Selective Service Act, or an identification card issued to a
-2- LRB9011110LDdvA
1 member of the armed forces.
2 If a false or fraudulent Illinois driver's license or
3 Illinois identification card is presented by a person less
4 than 21 years of age to a licensee or the licensee's agent or
5 employee for the purpose of obtaining entry and remaining on
6 a licensed premises, the law enforcement officer or agency
7 investigating the incident shall, upon the conviction of the
8 person who presented the fraudulent license or
9 identification, make a report of the matter to the Secretary
10 of State on a form provided by the Secretary of State.