Public Act 097-1049
 
HB1554 EnrolledLRB097 06478 ASK 46561 b


  
    AN ACT concerning liquor.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Liquor Control Act of 1934 is amended  by 
changing Section 6-16 as follows:
 



    (235 ILCS 5/6-16)  (from Ch. 43, par. 131)



    Sec. 6-16. Prohibited sales and possession. 

    (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

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

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

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

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.

    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

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.

    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

requested by the licensee, agent, employee, or representative.

    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

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

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

report of the matter to the Secretary of State on a form 
provided by the
Secretary of State.

    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

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

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.

    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

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.

    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

prevention program.

    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.

    (a-1) It is unlawful for any parent or guardian to 
knowingly permit his or her
residence, or any other private 
property under his or her control, 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, or any other private 
property under his or her control, to be used in violation of 
this Section if he or she
knowingly authorizes, enables, or 
permits consumption of alcoholic liquor by underage invitees.  
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

the age of 21 years in the performance of a religious ceremony 
or service in observation of a religious holiday.

    (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.

    (c) Any person shall be guilty of a Class A misdemeanor 
where he or she
knowingly authorizes or permits a gathering at 
a residence which he or she occupies to be used by an invitee 
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:


        (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


        (2) the possession or consumption of the alcohol by the 
    person under
21 is not otherwise permitted by this Act. ; 
    and


        (3) the person occupying the residence knows that the 
    person under the
age of 21 leaves the residence in an 
    intoxicated condition.

    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. The sentence of any person who violates this 
subsection (c) shall include, but shall not be limited to, a 
fine of not less than $500.  Where a violation of this 
subsection (c) directly or indirectly results in great bodily 
harm or death to any person, the person violating this 
subsection (c) shall be guilty of a Class 4 felony. Nothing in 
this subsection (c) shall be construed to prohibit the giving 
of alcoholic liquor to a person under the age of 21 years in 
the performance of a religious ceremony or service in 
observation of a religious holiday.
    A person shall not be in violation of this subsection (c) 
if (A) he or she requests assistance from the police department 
or other law enforcement agency to either (i) remove any person 
who refuses to abide by the person's performance of the duties 
imposed by this subsection (c) or (ii) terminate the activity 
because the person has been unable to prevent a person under 
the age of 21 years from consuming alcohol despite having taken 
all reasonable steps to do so and (B) this assistance is 
requested before any other person makes a formal complaint to 
the police department or other law enforcement agency about the 
activity.
    (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.

    (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

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

service or ceremony authorized by the school board.

(Source: P.A. 95-563, eff. 8-31-07.)



Effective Date:  1/1/2013