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90_HB3254eng
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 Engrossed 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. 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
HB3254 Engrossed -2- LRB9011110LDdvA
1 municipal government, or subdivision or agency thereof,
2 including, but not limited to, a motor vehicle operator's
3 license, a registration certificate issued under the Federal
4 Selective Service Act, or an identification card issued to a
5 member of the armed forces.
6 If a false or fraudulent Illinois driver's license or
7 Illinois identification card is presented by a person less
8 than 21 years of age to a licensee or the licensee's agent or
9 employee for the purpose of obtaining entry and remaining on
10 a licensed premises, the law enforcement officer or agency
11 investigating the incident shall, upon the conviction of the
12 person who presented the fraudulent license or
13 identification, make a report of the matter to the Secretary
14 of State on a form provided by the Secretary of State.