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| Public Act 095-0563 |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-16 as follows:
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(235 ILCS 5/6-16) (from Ch. 43, par. 131)
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Sec. 6-16. Prohibited sales and possession.
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(a) (i) No licensee nor any officer, associate, member, | ||||
representative,
agent, or employee of such licensee shall sell, | ||||
give, or deliver alcoholic
liquor to any person under the age | ||||
of 21 years or to any intoxicated person,
except as provided in | ||||
Section 6-16.1.
(ii) No express company, common carrier, or | ||||
contract carrier nor any
representative, agent, or employee on | ||||
behalf of an express company, common
carrier, or contract | ||||
carrier that carries or transports alcoholic liquor for
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delivery within this State shall knowingly give or knowingly | ||||
deliver to a
residential address any shipping container clearly | ||||
labeled as containing
alcoholic liquor and labeled as requiring | ||||
signature of an adult of at least 21
years of age to any person | ||||
in this State under the age of 21 years. An express
company, | ||||
common carrier, or contract carrier that carries or transports | ||||
such
alcoholic liquor for delivery within this State shall | ||||
obtain a signature at
the time of delivery acknowledging | ||||
receipt of the alcoholic liquor by an adult
who is at least 21 | ||
years of age. At no time while delivering alcoholic
beverages | ||
within this State may any representative, agent, or employee of | ||
an
express company, common carrier, or contract carrier that | ||
carries or
transports alcoholic liquor for delivery within this | ||
State deliver the
alcoholic liquor to a residential address | ||
without the acknowledgment of the
consignee and without first | ||
obtaining a signature at the time of the delivery
by an adult | ||
who is at least 21 years of age. A signature of a person on file
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with the express company, common carrier, or contract carrier | ||
does
not constitute acknowledgement of the consignee. Any | ||
express company, common
carrier, or contract carrier that | ||
transports alcoholic liquor for delivery
within this State that | ||
violates this
item (ii) of this subsection (a) by delivering | ||
alcoholic liquor without the
acknowledgement of the consignee | ||
and without first obtaining a signature at the
time of the | ||
delivery by an adult who is at least 21 years of age is guilty | ||
of a
business offense for which the express company, common | ||
carrier, or contract
carrier that transports alcoholic liquor | ||
within this State shall be fined not
more than $1,001 for a
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first offense, not more than $5,000 for a second offense, and | ||
not more than
$10,000 for a third or subsequent offense. An | ||
express company, common carrier,
or contract carrier shall be | ||
held vicariously liable for the actions of its
representatives, | ||
agents, or employees. For purposes of this Act, in addition
to | ||
other methods authorized by law, an express company, common | ||
carrier, or
contract carrier shall be considered served with | ||
process when a
representative, agent, or employee alleged to | ||
have violated this Act is
personally served. Each shipment of | ||
alcoholic liquor delivered in violation
of this item (ii) of | ||
this subsection (a) constitutes a separate offense.
(iii) No | ||
person, after purchasing or otherwise obtaining alcoholic | ||
liquor,
shall sell, give, or deliver such alcoholic liquor to | ||
another person under the
age of 21 years, except in the | ||
performance of a religious ceremony or service.
Except as | ||
otherwise provided in item (ii), any express company, common | ||
carrier,
or contract carrier that transports alcoholic liquor | ||
within this State that
violates the provisions of item (i), | ||
(ii), or (iii) of this paragraph of this
subsection (a) is | ||
guilty of a Class A misdemeanor and the sentence shall
include, | ||
but shall not be limited to, a fine of not less than $500. Any
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person
who violates the provisions of item (iii) of this | ||
paragraph of this subsection
(a)
is guilty of a Class A | ||
misdemeanor and the sentence shall include, but shall
not be | ||
limited to a fine of not less than $500 for a first offense and | ||
not less
than
$2,000 for a second or subsequent offense. Any | ||
person who knowingly violates
the
provisions of item (iii) of | ||
this paragraph of this subsection (a) is guilty of
a
Class 4 | ||
felony if a death occurs as the result of the violation.
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If a licensee or officer, associate, member, | ||
representative, agent, or
employee of the licensee, or a | ||
representative, agent, or employee of an
express company, | ||
common carrier, or contract carrier that carries or
transports | ||
alcoholic liquor for
delivery within this State, is prosecuted | ||
under this paragraph of this
subsection
(a) for selling, | ||
giving, or delivering alcoholic liquor to a person under the
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age of 21 years, the person under 21 years of age who attempted | ||
to buy or
receive the alcoholic liquor may be prosecuted | ||
pursuant to Section 6-20 of this
Act, unless the person under | ||
21 years of age was acting under the authority of
a law | ||
enforcement agency, the Illinois Liquor Control Commission, or | ||
a local
liquor control commissioner pursuant to a plan or | ||
action to investigate,
patrol, or conduct any similar | ||
enforcement action.
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For the purpose of preventing the violation of this | ||
Section, any licensee,
or his agent or employee, or a | ||
representative, agent, or employee of an
express company, | ||
common carrier, or contract carrier that carries or
transports | ||
alcoholic liquor for
delivery within this State, shall refuse | ||
to sell, deliver, or serve
alcoholic
beverages to any person | ||
who is unable to produce adequate written evidence of
identity | ||
and of the fact that he or she is over the age of 21 years, if
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requested by the licensee, agent, employee, or representative.
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Adequate written evidence of age and identity of the person | ||
is a
document issued by a federal, state, county, or municipal | ||
government, or
subdivision or agency thereof, including, but | ||
not limited to, a motor
vehicle operator's license, a | ||
registration certificate issued under the
Federal Selective | ||
Service Act, or an identification card issued to a
member of | ||
the Armed Forces. Proof that the defendant-licensee, or his
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employee or agent, or the representative, agent, or employee of | ||
the express
company, common carrier, or contract carrier that | ||
carries or transports
alcoholic liquor for delivery within this | ||
State demanded, was shown and
reasonably relied upon such
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written evidence in any transaction forbidden by this Section | ||
is an
affirmative defense in any criminal prosecution therefor | ||
or to any
proceedings for the suspension or revocation of any | ||
license based thereon.
It shall not, however, be an affirmative | ||
defense if the agent or employee
accepted the written evidence | ||
knowing it to be false or fraudulent.
If a false or fraudulent | ||
Illinois driver's license or Illinois
identification card is | ||
presented by a person less than 21 years of age to a
licensee | ||
or the licensee's agent or employee for the purpose of | ||
ordering,
purchasing, attempting to purchase, or otherwise | ||
obtaining or attempting to
obtain the serving of any alcoholic | ||
beverage, the law enforcement officer
or agency investigating | ||
the incident shall, upon the conviction of the
person who | ||
presented the fraudulent license or identification, make a
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report of the matter to the Secretary of State on a form | ||
provided by the
Secretary of State.
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However, no agent or employee of the licensee or employee | ||
of an express
company, common carrier, or contract carrier that | ||
carries or transports
alcoholic liquor for delivery within this | ||
State shall be
disciplined or
discharged for selling or | ||
furnishing liquor to a person under 21 years of
age if the | ||
agent or employee demanded and was shown, before furnishing
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liquor to a person under 21 years of age, adequate written | ||
evidence of age
and identity of the person issued by a federal, | ||
state, county or municipal
government, or subdivision or agency | ||
thereof, including but not limited to
a motor vehicle | ||
operator's license, a registration certificate issued under
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the Federal Selective Service Act, or an identification card | ||
issued to a
member of the Armed Forces. This paragraph, | ||
however, shall not apply if the
agent or employee accepted the | ||
written evidence knowing it to be false or
fraudulent.
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Any person who sells, gives, or furnishes to any person | ||
under the age of
21 years any false or fraudulent written, | ||
printed, or photostatic evidence
of the age and identity of | ||
such person or who sells, gives or furnishes to
any person | ||
under the age of 21 years evidence of age and identification of
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any other person is guilty of a Class A misdemeanor and the | ||
person's sentence
shall include, but shall not be limited to, a | ||
fine of not less than $500.
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Any person under the age of 21 years who presents or offers | ||
to any licensee,
his agent or employee, any written, printed or | ||
photostatic evidence of age and
identity that is false, | ||
fraudulent, or not actually his or her own for the
purpose of | ||
ordering, purchasing, attempting to purchase or otherwise | ||
procuring
or attempting to procure, the serving of any | ||
alcoholic beverage,
who falsely states in writing that he or | ||
she is at least 21 years of age when
receiving alcoholic liquor | ||
from a representative, agent, or employee of an
express | ||
company, common carrier, or contract carrier,
or who has in
his | ||
or her possession any false or fraudulent written, printed, or | ||
photostatic
evidence of age and identity, is guilty of a Class | ||
A misdemeanor and the
person's sentence shall include, but | ||
shall not be limited to, the following:
a fine of not less than | ||
$500 and at least 25 hours of community service. If
possible, | ||
any community service shall be performed for an alcohol abuse
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prevention program.
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Any person under the age of 21 years who has any alcoholic | ||
beverage in his
or her possession on any street or highway or | ||
in any public place or in any
place open to the public is | ||
guilty of a Class A misdemeanor. This Section does
not apply to | ||
possession by a person under the age of 21 years making a | ||
delivery
of an alcoholic beverage in pursuance of the order of | ||
his or her parent or in
pursuance of his or her employment.
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(a-1) It is unlawful for any parent or guardian to | ||
knowingly permit his or her
residence to be used by an invitee | ||
of the parent's child or the guardian's
ward, if the invitee is | ||
under the age of 21, in a manner that constitutes a
violation | ||
of this Section. A parent or guardian is deemed to have | ||
knowingly permitted
his or her residence to be used in | ||
violation of this Section if he or she
knowingly authorizes, | ||
enables, or permits consumption of alcoholic liquor by underage | ||
invitees.
such use to occur by failing to
control access to | ||
either the residence or the alcoholic liquor maintained in
the | ||
residence. Any person who violates this subsection (a-1) is | ||
guilty of a
Class A misdemeanor and the person's sentence shall | ||
include, but shall not be
limited to, a fine of not less than | ||
$500. Where a violation of this subsection (a-1) directly or | ||
indirectly results in great bodily harm or death to any person, | ||
the person violating this subsection shall be guilty of a Class | ||
4 felony. Nothing in this subsection (a-1)
shall be construed | ||
to prohibit the giving of alcoholic liquor to a person under
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the age of 21 years in the performance of a religious ceremony | ||
or service in observation of a religious holiday.
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(b) Except as otherwise provided in this Section whoever | ||
violates
this Section shall, in addition to other penalties | ||
provided for in this
Act, be guilty of a Class A misdemeanor.
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(c) Any person shall be guilty of a Class A misdemeanor | ||
where he or she
knowingly permits a gathering at a residence | ||
which he or she occupies of
two or more persons where any one | ||
or more of the persons is under 21
years of age and the | ||
following factors also apply:
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(1) the person occupying the residence knows that any | ||
such person under
the age of 21 is in possession of or is | ||
consuming any alcoholic
beverage; and
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(2) the possession or consumption of the alcohol by the | ||
person under
21 is not otherwise permitted by this Act; and
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(3) the person occupying the residence knows that the | ||
person under the
age of 21 leaves the residence in an | ||
intoxicated condition.
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For the purposes of this subsection (c) where the residence | ||
has an owner
and a tenant or lessee, there is a rebuttable | ||
presumption that the residence
is occupied only by the tenant | ||
or lessee.
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(d) Any person who rents a hotel or motel room from the | ||
proprietor or agent
thereof for the purpose of or with the | ||
knowledge that such room shall be
used for the consumption of | ||
alcoholic liquor by persons under the age of 21
years shall be | ||
guilty of a Class A misdemeanor.
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(e) Except as otherwise provided in this Act, any person | ||
who has alcoholic
liquor in his or her possession on public | ||
school district property on school
days or at events on public | ||
school district property when children are present
is guilty of | ||
a petty offense, unless the alcoholic liquor (i) is in the
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original container with the seal unbroken and is in the | ||
possession of a person
who is not otherwise legally prohibited | ||
from possessing the alcoholic liquor or
(ii) is in the | ||
possession of a person in or for the performance of a religious
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service or ceremony authorized by the school board.
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(Source: P.A. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02;
92-507, | ||
eff. 1-1-02; 92-651, eff. 7-11-02; 92-687, eff. 1-1-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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