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90_HB3254enr
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
HB3254 Enrolled LRB9011110LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-11 and adding 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 changing Section 6-11 and adding Section 6-16.2 as follows:
7 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
8 Sec. 6-11. No license shall be issued for the sale at
9 retail of any alcoholic liquor within 100 feet of any church,
10 school other than an institution of higher learning,
11 hospital, home for aged or indigent persons or for veterans,
12 their spouses or children or any military or naval station,
13 provided, that this prohibition shall not apply to hotels
14 offering restaurant service, regularly organized clubs, or to
15 restaurants, food shops or other places where sale of
16 alcoholic liquors is not the principal business carried on if
17 the place of business so exempted is not located in a
18 municipality of more than 500,000 persons, unless required by
19 local ordinance; nor to the renewal of a license for the sale
20 at retail of alcoholic liquor on premises within 100 feet of
21 any church or school where the church or school has been
22 established within such 100 feet since the issuance of the
23 original license. In the case of a church, the distance of
24 100 feet shall be measured to the nearest part of any
25 building used for worship services or educational programs
26 and not to property boundaries.
27 Nothing in this Section shall prohibit the issuance of a
28 retail license authorizing the sale of alcoholic liquor to a
29 restaurant, the primary business of which is the sale of
30 goods baked on the premises if (i) the restaurant is newly
31 constructed and located on a lot of not less than 10,000
HB3254 Enrolled -2- LRB9011110LDdvA
1 square feet, (ii) the restaurant costs at least $1,000,000 to
2 construct, (iii) the licensee is the titleholder to the
3 premises and resides on the premises, and (iv) the
4 construction of the restaurant is completed within 18 months
5 of the effective date of this amendatory Act of 1998.
6 In the interest of further developing Illinois' economy
7 in the area of tourism, convention, and banquet business,
8 nothing in this Section shall prohibit issuance of a retail
9 license authorizing the sale of alcoholic beverages to a
10 restaurant, banquet facility, or hotel having not fewer than
11 150 guest room accommodations located in a municipality of
12 more than 500,000 persons, notwithstanding the proximity of
13 such hotel, restaurant, or banquet facility to any church or
14 school, if the licensed premises described on the license are
15 located within an enclosed mall or building of a height of at
16 least 6 stories, or 60 feet in the case of a building that
17 has been registered as a national landmark, and in either
18 case if the sale of alcoholic liquors is not the principal
19 business carried on by the license.
20 For purposes of this Section, a "banquet facility" is any
21 part of a building that caters to private parties and where
22 the sale of alcoholic liquors is not the principal business.
23 Nothing in this Section shall prohibit the issuance of a
24 license to a church or private school to sell at retail
25 alcoholic liquor if any such sales are limited to periods
26 when groups are assembled on the premises solely for the
27 promotion of some common object other than the sale or
28 consumption of alcoholic liquors.
29 Nothing in this Section shall prohibit a church or church
30 affiliated school located in a municipality with 75,000 or
31 more inhabitants from locating within 100 feet of a property
32 for which there is a preexisting license to sell alcoholic
33 liquor at retail. In these instances, the local zoning
34 authority may, by ordinance adopted simultaneously with the
HB3254 Enrolled -3- LRB9011110LDdvA
1 granting of an initial special use zoning permit for the
2 church or church affiliated school, provide that the 100-foot
3 restriction in this Section shall not apply to that church or
4 church affiliated school and future retail liquor licenses.
5 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
6 revised 2-20-97.)
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. No prohibition under this
15 Section, however, shall apply to any licensed premises, such
16 as without limitation a restaurant or food shop, where
17 selling, giving, or delivering alcoholic liquor is not the
18 principal business of the licensee at those premises.
19 In those instances where a person under the age of 21
20 years is prohibited from entering and remaining on the
21 premises, proof that the defendant-licensee, or his employee
22 or agent, demanded, was shown, and reasonably relied upon
23 adequate written evidence for purposes of entering and
24 remaining on the licensed premises is an affirmative defense
25 in any criminal prosecution therefor or to any proceedings
26 for the suspension or revocation of any license based
27 thereon. It shall not, however, be an affirmative defense if
28 the defendant-license, or his agent or employee, accepted the
29 written evidence knowing it to be false or fraudulent.
30 Adequate written evidence of age and identity of the
31 person is a document issued by a federal, state, county, or
32 municipal government, or subdivision or agency thereof,
33 including, but not limited to, a motor vehicle operator's
HB3254 Enrolled -4- LRB9011110LDdvA
1 license, a registration certificate issued under the Federal
2 Selective Service Act, or an identification card issued to a
3 member of the armed forces.
4 If a false or fraudulent Illinois driver's license or
5 Illinois identification card is presented by a person less
6 than 21 years of age to a licensee or the licensee's agent or
7 employee for the purpose of obtaining entry and remaining on
8 a licensed premises, the law enforcement officer or agency
9 investigating the incident shall, upon the conviction of the
10 person who presented the fraudulent license or
11 identification, make a report of the matter to the Secretary
12 of State on a form provided by the Secretary of State.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.