Public Act 094-1047
 		





SB0946 Enrolled
LRB094 04603 AMC 34632 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 
adding Section 6-33 as follows:
 
    (235 ILCS 5/6-33  new)
    Sec. 6-33. Sealing and removal of open wine bottles from a 
restaurant. Notwithstanding any other provision of this Act, a 
restaurant licensed to sell alcoholic liquor in this State may 
permit a patron to remove one unsealed  and partially consumed 
bottle of wine for off-premise consumption provided that the 
patron has purchased a meal and consumed a portion of the 
bottle of wine with the meal on the restaurant premises.  A 
partially consumed bottle of wine that is to be removed from 
the premises pursuant to this Section  shall be securely sealed 
by the licensee or an agent of the licensee prior to removal 
from the premises and placed  in a transparent one-time use 
tamper-proof bag. The licensee or agent of the licensee shall 
provide a dated receipt for the bottle of wine to the patron. 
Wine that is resealed in accordance with the provisions of this 
Section and not tampered with shall not be deemed an unsealed 
container for the purposes of Section 11-502 of the Illinois 
Vehicle Code.
 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Section 11-502 as follows:
 



    (625 ILCS 5/11-502)  (from Ch. 95 1/2, par. 11-502)



    Sec. 11-502. Transportation or possession of alcoholic 
liquor in
a motor vehicle.

    (a) Except as provided in paragraph (c) and in Section 6-33 
of the Liquor Control Act of 1934, no driver may
transport, 
carry, possess or have any alcoholic
liquor within the 
passenger area of any motor vehicle upon a highway in
this 
State except in the original container and with the seal 
unbroken.

    (b) Except as provided in paragraph (c) and in Section 6-33 
of the Liquor Control Act of 1934, no passenger may carry, 
possess
or have any alcoholic liquor within any passenger area 
of any motor vehicle
upon a highway in this State except in the 
original container and with the
seal unbroken.

    (c) This Section shall not apply to the passengers in a 
limousine when
it is being used for purposes for which a 
limousine is ordinarily used,
the passengers on a chartered bus 
when it is being used for purposes for
which chartered buses 
are ordinarily used or on a motor home or mini motor
home as 
defined in Section 1-145.01 of this Code.  However, the driver 
of
any such vehicle is prohibited from consuming or having any 
alcoholic
liquor in or about the driver's area. Any evidence of 
alcoholic consumption
by the driver shall be prima facie 
evidence of such driver's failure to
obey this Section. For the 
purposes of this Section, a limousine is a motor
vehicle of the 
first division with the passenger compartment enclosed by a

partition or dividing window used in the for-hire 
transportation of
passengers and operated by an individual in 
possession of a valid Illinois
driver's license of the 
appropriate classification pursuant to Section 6-104
of this 
Code.

    (d) The exemption applicable to chartered buses under 
paragraph (c)
does not apply to any chartered bus being used 
for school purposes.

    (e) Any driver who is convicted of violating subsection (a) 
of this
Section for a second or subsequent time within one year 
of a similar
conviction shall be subject to suspension of 
driving privileges as
provided, in paragraph 23 of subsection 
(a) of Section 6-206 of this Code.

    (f) Any driver, who is less than 21 years of age at the 
date of the
offense and who is convicted of violating 
subsection (a) of this Section or a
similar provision of a 
local ordinance, shall be subject to the loss of driving

privileges as provided in paragraph 13 of subsection (a) of 
Section 6-205 of
this Code and paragraph 33 of subsection (a) 
of Section 6-206 of this Code.

(Source: P.A. 88-209.)