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92_HB0445eng HB0445 Engrossed LRB9202569NTsb 1 AN ACT in relation to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 6-16 as follows: 6 (235 ILCS 5/6-16) (from Ch. 43, par. 131) 7 Sec. 6-16. Prohibited sales and possession. 8 (a) (i) No licensee nor any officer, associate, member, 9 representative, agent, or employee of such licensee shall 10 sell, give, or deliver alcoholic liquor to any person under 11 the age of 21 years or to any intoxicated person, except as 12 provided in Section 6-16.1. (ii) No express company, common 13 carrier, or contract carrier that carries or transports 14 alcoholic liquor for delivery within this State shall 15 knowingly give or knowingly deliver to a residential address 16 any shipping container clearly labeled as containing 17 alcoholic liquor and labeled as requiring signature of an 18 adult of at least 21 years of age to any person in this State 19 under the age of 21 years. An express company, common 20 carrier, or contract carrier that carries or transports such 21 alcoholic liquor for delivery within this State shall obtain 22 a signature acknowledging receipt of the alcoholic liquor by 23 an adult who is at least 21 years of age. (iii) No person, 24 after purchasing or otherwise obtaining alcoholic liquor, 25 shall sell, give, or deliver such alcoholic liquor to another 26 person under the age of 21 years, except in the performance 27 of a religious ceremony or service. Any person who violates 28 the provisions of item (i), (ii), or (iii) of this paragraph 29 of this subsection (a) is guilty of a Class A misdemeanor and 30 the person's sentence shall include, but shall not be limited 31 to, a fine of not less than $500. HB0445 Engrossed -2- LRB9202569NTsb 1 If a licensee or officer, associate, member, 2 representative, agent, or employee of the licensee, or a 3 representative, agent, or employee of an express company, 4 common carrier, or contract carrier that carries or 5 transports alcoholic liquor for delivery within this State, 6 is prosecuted under this paragraph of this subsection (a) for 7 selling, giving, or delivering alcoholic liquor to a person 8 under the age of 21 years, the person under 21 years of age 9 who attempted to buy or receive the alcoholic liquor may be 10 prosecuted pursuant to Section 6-20 of this Act, unless the 11 person under 21 years of age was acting under the authority 12 of a law enforcement agency, the Illinois Liquor Control 13 Commission, or a local liquor control commissioner pursuant 14 to a plan or action to investigate, patrol, or conduct any 15 similar enforcement action. 16 For the purpose of preventing the violation of this 17 Section, any licensee, or his agent or employee, or a 18 representative, agent, or employee of an express company, 19 common carrier, or contract carrier that carries or 20 transports alcoholic liquor for delivery within this State, 21 may refuse to sell, deliver, or serve alcoholic beverages to 22 any person who is unable to produce adequate written evidence 23 of identity and of the fact that he or she is over the age of 24 21 years. 25 Adequate written evidence of age and identity of the 26 person is a document issued by a federal, state, county, or 27 municipal government, or subdivision or agency thereof, 28 including, but not limited to, a motor vehicle operator's 29 license, a registration certificate issued under the Federal 30 Selective Service Act, or an identification card issued to a 31 member of the Armed Forces. Proof that the 32 defendant-licensee, or his employee or agent, or the 33 representative, agent, or employee of the express company, 34 common carrier, or contract carrier that carries or HB0445 Engrossed -3- LRB9202569NTsb 1 transports alcoholic liquor for delivery within this State 2 demanded, was shown and reasonably relied upon such written 3 evidence in any transaction forbidden by this Section is an 4 affirmative defense in any criminal prosecution therefor or 5 to any proceedings for the suspension or revocation of any 6 license based thereon. It shall not, however, be an 7 affirmative defense if the agent or employee accepted the 8 written evidence knowing it to be false or fraudulent. If a 9 false or fraudulent Illinois driver's license or Illinois 10 identification card is presented by a person less than 21 11 years of age to a licensee or the licensee's agent or 12 employee for the purpose of ordering, purchasing, attempting 13 to purchase, or otherwise obtaining or attempting to obtain 14 the serving of any alcoholic beverage, the law enforcement 15 officer or agency investigating the incident shall, upon the 16 conviction of the person who presented the fraudulent license 17 or identification, make a report of the matter to the 18 Secretary of State on a form provided by the Secretary of 19 State. 20 However, no agent or employee of the licensee shall be 21 disciplined or discharged for selling or furnishing liquor to 22 a person under 21 years of age if the agent or employee 23 demanded and was shown, before furnishing liquor to a person 24 under 21 years of age, adequate written evidence of age and 25 identity of the person issued by a federal, state, county or 26 municipal government, or subdivision or agency thereof, 27 including but not limited to a motor vehicle operator's 28 license, a registration certificate issued under the Federal 29 Selective Service Act, or an identification card issued to a 30 member of the Armed Forces. This paragraph, however, shall 31 not apply if the agent or employee accepted the written 32 evidence knowing it to be false or fraudulent. 33 Any person who sells, gives, or furnishes to any person 34 under the age of 21 years any false or fraudulent written, HB0445 Engrossed -4- LRB9202569NTsb 1 printed, or photostatic evidence of the age and identity of 2 such person or who sells, gives or furnishes to any person 3 under the age of 21 years evidence of age and identification 4 of any other person is guilty of a Class A misdemeanor and 5 the person's sentence shall include, but shall not be limited 6 to, a fine of not less than $500. 7 Any person under the age of 21 years who presents or 8 offers to any licensee, his agent or employee, any written, 9 printed or photostatic evidence of age and identity that is 10 false, fraudulent, or not actually his or her own for the 11 purpose of ordering, purchasing, attempting to purchase or 12 otherwise procuring or attempting to procure, the serving of 13 any alcoholic beverage, who falsely states in writing that he 14 or she is at least 21 years of age when receiving alcoholic 15 liquor from a representative, agent, or employee of an 16 express company, common carrier, or contract carrier, or who 17 has in his or her possession any false or fraudulent written, 18 printed, or photostatic evidence of age and identity, is 19 guilty of a Class A misdemeanor and the person's sentence 20 shall include, but shall not be limited to, the following: a 21 fine of not less than $500 and at least 25 hours of community 22 service. If possible, any community service shall be 23 performed for an alcohol abuse prevention program. 24 Any person under the age of 21 years who has any 25 alcoholic beverage in his or her possession on any street or 26 highway or in any public place or in any place open to the 27 public is guilty of a Class A misdemeanor. This Section does 28 not apply to possession by a person under the age of 21 years 29 making a delivery of an alcoholic beverage in pursuance of 30 the order of his or her parent or in pursuance of his or her 31 employment. 32 (a-1) It is unlawful for any parent or guardian to 33 permit his or her residence to be used by an invitee of the 34 parent's child or the guardian's ward, if the invitee is HB0445 Engrossed -5- LRB9202569NTsb 1 under the age of 21, in a manner that constitutes a violation 2 of this Section. A parent or guardian is deemed to have 3 permitted his or her residence to be used in violation of 4 this Section if he or she knowingly authorizes, enables, or 5 permits such use to occur by failing to control access to 6 either the residence or the alcoholic liquor maintained in 7 the residence. Any person who violates this subsection (a-1) 8 is guilty of a Class A misdemeanor and the person's sentence 9 shall include, but shall not be limited to, a fine of not 10 less than $500. Nothing in this subsection (a-1) shall be 11 construed to prohibit the giving of alcoholic liquor to a 12 person under the age of 21 years in the performance of a 13 religious ceremony or service. 14 (b) Except as otherwise provided in this Section whoever 15 violates this Section shall, in addition to other penalties 16 provided for in this Act, be guilty of a Class A misdemeanor. 17 (c) Any person shall be guilty of a Class A misdemeanor 18 where he or she knowingly permits a gathering at a residence 19 which he or she occupies of two or more persons where any one 20 or more of the persons is under 21 years of age and the 21 following factors also apply: 22 (1) the person occupying the residence knows that 23 any such person under the age of 21 is in possession of 24 or is consuming any alcoholic beverage; and 25 (2) the possession or consumption of the alcohol by 26 the person under 21 is not otherwise permitted by this 27 Act; and 28 (3) the person occupying the residence knows that 29 the person under the age of 21 leaves the residence in an 30 intoxicated condition. 31 For the purposes of this subsection (c) where the 32 residence has an owner and a tenant or lessee, there is a 33 rebuttable presumption that the residence is occupied only by 34 the tenant or lessee. HB0445 Engrossed -6- LRB9202569NTsb 1 (d) Any person who rents a hotel or motel room from the 2 proprietor or agent thereof for the purpose of or with the 3 knowledge that such room shall be used for the consumption of 4 alcoholic liquor by persons under the age of 21 years shall 5 be guilty of a Class A misdemeanor. 6 (e) Any person who has alcoholic liquor in his or her 7 possession on public school district property is guilty of a 8 Class A misdemeanor, unless the alcoholic liquor is in the 9 original container with the seal unbroken and is in the 10 possession of a person who is not otherwise legally 11 prohibited from possessing the alcoholic liquor or (ii) is in 12 the possession of a person in or for the performance of a 13 religious service or ceremony authorized by the school board. 14 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97; 15 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 16 8-13-98.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.