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90_HB3582
235 ILCS 5/6-16.1
Amends the Liquor Control Act of 1934. Provides that the
State Commission or a local liquor control commissioner may
conduct a sting operation to investigate whether a licensee
is furnishing alcohol to a person under 21 years of age if
certain conditions are met.
LRB9011223LDpkA
LRB9011223LDpkA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-16.1.
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 6-16.1 as follows:
7 (235 ILCS 5/6-16.1)
8 Sec. 6-16.1. Enforcement actions.
9 (a) A licensee or an officer, associate, member,
10 representative, agent, or employee of a licensee may sell,
11 give, or deliver alcoholic liquor to a person under the age
12 of 21 years or authorize the sale, gift, or delivery of
13 alcoholic liquor to a person under the age of 21 years
14 pursuant to a plan or action to investigate, patrol, or
15 otherwise conduct a "sting operation" or enforcement action
16 against a person employed by the licensee or on any licensed
17 premises if the licensee or officer, associate, member,
18 representative, agent, or employee of the licensee provides
19 written notice, at least 14 days before the "sting operation"
20 or enforcement action, unless governing body of the
21 municipality or county having jurisdiction sets a shorter
22 period by ordinance, to the law enforcement agency having
23 jurisdiction, the local liquor control commissioner, or both.
24 Notice provided under this Section shall be valid for a
25 "sting operation" or enforcement action conducted within 60
26 days of the provision of that notice, unless the governing
27 body of the municipality or county having jurisdiction sets a
28 shorter period by ordinance.
29 (b) A member of the State Commission or any person
30 designated by the State Commission or a local liquor control
31 commissioner or any person designated by a local liquor
-2- LRB9011223LDpkA
1 control commissioner may employ a person to attempt to
2 purchase alcohol from a licensee in order to conduct a "sting
3 operation" in cooperation with local law enforcement
4 authorities to investigate whether a licensee is furnishing
5 alcohol to persons under 21 years of age, but only when (i)
6 the person who attempts to purchase alcohol from the licensee
7 possesses the appearance and demeanor of a person who is less
8 than 20 years of age, (ii) the State Commission or local
9 liquor control commissioner that is conducting the sting
10 operation can prove that the licensee has a propensity to
11 sell alcohol to persons under the age of 21 or that the
12 licensee has sold alcohol to a person under 21 years of age
13 in the past, and (iii) if a licensee has been a subject of a
14 sting operation in the past and did not violate the
15 provisions of this Act concerning the sale of alcohol to a
16 person under 21 years of age, the State Commission or local
17 liquor control commissioner conducting the sting operation
18 provides written notice to the licensee of its intent to
19 conduct a sting operation at least 60 days prior to that
20 sting operation. Failure to conduct a sting operation in
21 compliance with items (i), (ii), and (iii) of this subsection
22 (b) is an affirmative defense in any criminal prosecution
23 therefor or to any proceedings for the suspension or
24 revocation of any license based thereon. Any person who
25 actively participates in a sting operation on behalf of the
26 State Commission or a local liquor control commissioner,
27 including the law enforcement officer and the decoy, must
28 receive education and training in identifying and addressing
29 persons displaying problems with alcohol abuse or misuse
30 under a program licensed by the Department of Human Services
31 pursuant to Section 6-27.
32 (Source: P.A. 90-355, eff. 8-10-97.)