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92nd General Assembly

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Public Act 92-0380

HB1000 Enrolled                               LRB9205570LDprA

    AN ACT in relation to alcoholic 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 Sections 6-16 and 8-12 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 person who 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  person's
sentence  shall  include, but shall not be limited to, a fine
of not less than $500.
    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,
may 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.
    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
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
permitted  his  or  her  residence to be used in violation of
this Section if he or she knowingly authorizes,  enables,  or
permits  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.   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.
    (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 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:
         (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.
    (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.
(Source: P.A. 89-250,  eff.  1-1-96;  90-355,  eff.  8-10-97;
90-432,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-739, eff.
8-13-98.)

    (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
    Sec. 8-12.  It  shall  be  the  duty  of  every  railroad
company,  express company, common or contract carrier, and of
every person, firm or corporation that shall bring, carry  or
transport  alcoholic  liquors  into the State of Illinois for
delivery in said State or which are delivered in said  State,
to  prepare  and file with the Department of Revenue for each
month,  not  later  than  the  fifteenth  day  of  the  month
following that for which it is made, a report stating therein
the name of the company, carrier, person, firm or corporation
making the report, the  address  in  Illinois  at  which  the
records  supporting  such  report  are  kept  and are open to
inspection, the period of time covered by  said  report,  the
name and business address of each consignor of such alcoholic
liquors,  the  name and business address of each consignee of
such alcoholic liquors, the kind and  quantity  of  alcoholic
liquors delivered to each consignee, and the date or dates of
delivery. Such report shall be made upon forms prescribed and
made available by the Department and shall contain such other
information  as may reasonably be required by the Department.
The  Department  may  establish  procedures  for   electronic
transmissions of such information directly to the Department.
Such  reports or information received by the Department shall
be made available by the Department to  the  Commission  upon
the Commission's request.
    In  addition  to  any other reporting requirement imposed
under this Section, reports shall be filed for  shipments  to
end   consumers   in  this  State.  In  furtherance  of  this
requirement, it shall be the duty of every railroad  company,
express company, common or contract carrier, person, firm, or
corporation  that  brings,  carries,  or transports alcoholic
liquor into Illinois for delivery in Illinois to prepare  and
file  with the Department for each  month, not later than the
fifteenth day of the month following the month  during  which
the  delivery  is  made,  a report containing the name of the
company, carrier, person, firm,  or  corporation  making  the
report,  the  period  of time covered by the report, the name
and business address  of  each  consignor  of  the  alcoholic
liquor,  the  name and the address of each consignee, and the
date of delivery.  Such reports  shall  be  made  upon  forms
prescribed  and  made by the Department and shall contain any
other information that the Department may reasonably require.
Such reports or information received by the Department  shall
be  made  available by the Department to the State Commission
upon the State Commission's request.
    Every  railroad  company,  express  company,  common   or
contract  carrier,  person,  firm,  or  corporation filing or
required to file a report under this  Section  shall  deliver
and  make  available to the Department, upon the Department's
request, the records supporting the report, within 30 days of
the  request.  The  books,  records,  supporting  papers  and
documents containing information and data  relating  to  such
reports  shall  be  kept  and preserved for a period of three
years, unless their  destruction  sooner  is  authorized,  in
writing,  by the Director, and shall be open and available to
inspection by the Director of Revenue or  the  Commission  or
any  duly  authorized  officer,  agent  or  employee  of  the
Department  or  the  Commission, at all times during business
hours of the day.
    Any person who violates any of  the  provisions  of  this
section or any of the rules and regulations of the Department
for  the  administration and enforcement of the provisions of
this section is guilty of a Class C misdemeanor. In case of a
continuing violation each day's continuance thereof shall  be
a separate and distinct offense.
(Source: P.A. 90-739, eff. 8-13-98.)
    Passed in the General Assembly May 22, 2001.
    Approved August 16, 2001.

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