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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
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92_HB3162enr HB3162 Enrolled LRB9205152LDpc 1 AN ACT in relation to alcoholic liquor. 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 Sections 6-16 and 6-16.1 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. HB3162 Enrolled -2- LRB9205152LDpc 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 shallmayrefuse to sell, deliver, or serve alcoholic 22 beverages to any person who is unable to produce adequate 23 written evidence of identity and of the fact that he or she 24 is over the age of 21 years, if requested by the licensee, 25 agent, employee, or representative. 26 Adequate written evidence of age and identity of the 27 person is a document issued by a federal, state, county, or 28 municipal government, or subdivision or agency thereof, 29 including, but not limited to, a motor vehicle operator's 30 license, a registration certificate issued under the Federal 31 Selective Service Act, or an identification card issued to a 32 member of the Armed Forces. Proof that the 33 defendant-licensee, or his employee or agent, or the 34 representative, agent, or employee of the express company, HB3162 Enrolled -3- LRB9205152LDpc 1 common carrier, or contract carrier that carries or 2 transports alcoholic liquor for delivery within this State 3 demanded, was shown and reasonably relied upon such written 4 evidence in any transaction forbidden by this Section is an 5 affirmative defense in any criminal prosecution therefor or 6 to any proceedings for the suspension or revocation of any 7 license based thereon. It shall not, however, be an 8 affirmative defense if the agent or employee accepted the 9 written evidence knowing it to be false or fraudulent. If a 10 false or fraudulent Illinois driver's license or Illinois 11 identification card is presented by a person less than 21 12 years of age to a licensee or the licensee's agent or 13 employee for the purpose of ordering, purchasing, attempting 14 to purchase, or otherwise obtaining or attempting to obtain 15 the serving of any alcoholic beverage, the law enforcement 16 officer or agency investigating the incident shall, upon the 17 conviction of the person who presented the fraudulent license 18 or identification, make a report of the matter to the 19 Secretary of State on a form provided by the Secretary of 20 State. 21 However, no agent or employee of the licensee shall be 22 disciplined or discharged for selling or furnishing liquor to 23 a person under 21 years of age if the agent or employee 24 demanded and was shown, before furnishing liquor to a person 25 under 21 years of age, adequate written evidence of age and 26 identity of the person 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. This paragraph, however, shall 32 not apply if the agent or employee accepted the written 33 evidence knowing it to be false or fraudulent. 34 Any person who sells, gives, or furnishes to any person HB3162 Enrolled -4- LRB9205152LDpc 1 under the age of 21 years any false or fraudulent written, 2 printed, or photostatic evidence of the age and identity of 3 such person or who sells, gives or furnishes to any person 4 under the age of 21 years evidence of age and identification 5 of any other person is guilty of a Class A misdemeanor and 6 the person's sentence shall include, but shall not be limited 7 to, a fine of not less than $500. 8 Any person under the age of 21 years who presents or 9 offers to any licensee, his agent or employee, any written, 10 printed or photostatic evidence of age and identity that is 11 false, fraudulent, or not actually his or her own for the 12 purpose of ordering, purchasing, attempting to purchase or 13 otherwise procuring or attempting to procure, the serving of 14 any alcoholic beverage, who falsely states in writing that he 15 or she is at least 21 years of age when receiving alcoholic 16 liquor from a representative, agent, or employee of an 17 express company, common carrier, or contract carrier, or who 18 has in his or her possession any false or fraudulent written, 19 printed, or photostatic evidence of age and identity, is 20 guilty of a Class A misdemeanor and the person's sentence 21 shall include, but shall not be limited to, the following: a 22 fine of not less than $500 and at least 25 hours of community 23 service. If possible, any community service shall be 24 performed for an alcohol abuse prevention program. 25 Any person under the age of 21 years who has any 26 alcoholic beverage in his or her possession on any street or 27 highway or in any public place or in any place open to the 28 public is guilty of a Class A misdemeanor. This Section does 29 not apply to possession by a person under the age of 21 years 30 making a delivery of an alcoholic beverage in pursuance of 31 the order of his or her parent or in pursuance of his or her 32 employment. 33 (a-1) It is unlawful for any parent or guardian to 34 permit his or her residence to be used by an invitee of the HB3162 Enrolled -5- LRB9205152LDpc 1 parent's child or the guardian's ward, if the invitee is 2 under the age of 21, in a manner that constitutes a violation 3 of this Section. A parent or guardian is deemed to have 4 permitted his or her residence to be used in violation of 5 this Section if he or she knowingly authorizes, enables, or 6 permits such use to occur by failing to control access to 7 either the residence or the alcoholic liquor maintained in 8 the residence. Any person who violates this subsection (a-1) 9 is guilty of a Class A misdemeanor and the person's sentence 10 shall include, but shall not be limited to, a fine of not 11 less than $500. Nothing in this subsection (a-1) shall be 12 construed to prohibit the giving of alcoholic liquor to a 13 person under the age of 21 years in the performance of a 14 religious ceremony or service. 15 (b) Except as otherwise provided in this Section whoever 16 violates this Section shall, in addition to other penalties 17 provided for in this Act, be guilty of a Class A misdemeanor. 18 (c) Any person shall be guilty of a Class A misdemeanor 19 where he or she knowingly permits a gathering at a residence 20 which he or she occupies of two or more persons where any one 21 or more of the persons is under 21 years of age and the 22 following factors also apply: 23 (1) the person occupying the residence knows that 24 any such person under the age of 21 is in possession of 25 or is consuming any alcoholic beverage; and 26 (2) the possession or consumption of the alcohol by 27 the person under 21 is not otherwise permitted by this 28 Act; and 29 (3) the person occupying the residence knows that 30 the person under the age of 21 leaves the residence in an 31 intoxicated condition. 32 For the purposes of this subsection (c) where the 33 residence has an owner and a tenant or lessee, there is a 34 rebuttable presumption that the residence is occupied only by HB3162 Enrolled -6- LRB9205152LDpc 1 the tenant or lessee. 2 (d) Any person who rents a hotel or motel room from the 3 proprietor or agent thereof for the purpose of or with the 4 knowledge that such room shall be used for the consumption of 5 alcoholic liquor by persons under the age of 21 years shall 6 be guilty of a Class A misdemeanor. 7 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97; 8 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 9 8-13-98.) 10 (235 ILCS 5/6-16.1) 11 Sec. 6-16.1. Enforcement actions. 12 (a) A licensee or an officer, associate, member, 13 representative, agent, or employee of a licensee may sell, 14 give, or deliver alcoholic liquor to a person under the age 15 of 21 years or authorize the sale, gift, or delivery of 16 alcoholic liquor to a person under the age of 21 years 17 pursuant to a plan or action to investigate, patrol, or 18 otherwise conduct a "sting operation" or enforcement action 19 against a person employed by the licensee or on any licensed 20 premises if the licensee or officer, associate, member, 21 representative, agent, or employee of the licensee provides 22 written notice, at least 14 days before the "sting operation" 23 or enforcement action, unless governing body of the 24 municipality or county having jurisdiction sets a shorter 25 period by ordinance, to the law enforcement agency having 26 jurisdiction, the local liquor control commissioner, or both. 27 Notice provided under this Section shall be valid for a 28 "sting operation" or enforcement action conducted within 60 29 days of the provision of that notice, unless the governing 30 body of the municipality or county having jurisdiction sets a 31 shorter period by ordinance. 32 (b) A local liquor control commission or unit of local 33 government that conducts alcohol and tobacco compliance HB3162 Enrolled -7- LRB9205152LDpc 1 operations shall establish a policy and standards for alcohol 2 and tobacco compliance operations to investigate whether a 3 licensee is furnishing (1) alcoholic liquor to persons under 4 21 years of age in violation of this Act or (2) tobacco to 5 persons in violation of the Sale of Tobacco to Minors Act. 6 (c) The Illinois Law Enforcement Training Standards 7 Board shall develop a model policy and guidelines for the 8 operation of alcohol and tobacco compliance checks by local 9 law enforcement officers. The Illinois Law Enforcement 10 Training Standards Board shall also require the supervising 11 officers of such compliance checks to have met a minimum 12 training standard as determined by the Board. The Board 13 shall have the right to waive any training based on current 14 written policies and procedures for alcohol and tobacco 15 compliance check operations and in-service training already 16 administered by the local law enforcement agency, department, 17 or office. 18 (d) The provisions of subsections (b) and (c) do not 19 apply to a home rule unit with more than 2,000,000 20 inhabitants. 21 (e) A home rule unit, other than a home rule unit with 22 more than 2,000,000 inhabitants, may not regulate enforcement 23 actions in a manner inconsistent with the regulation of 24 enforcement actions under this Section. This subsection (e) 25 is a limitation under subsection (i) of Section 6 of Article 26 VII of the Illinois Constitution on the concurrent exercise 27 by home rule units of powers and functions exercised by the 28 State. 29 (Source: P.A. 90-355, eff. 8-10-97.) 30 Section 99. Effective date. This Act takes effect 31 January 1, 2002.