State of Illinois
2011 and 2012


Introduced 01/31/11, by Rep. Michael J. Madigan


235 ILCS 5/6-16.1

    Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning enforcement actions.

LRB097 03569 ASK 43606 b





HB0740LRB097 03569 ASK 43606 b

1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-16.1 as follows:
6    (235 ILCS 5/6-16.1)
7    Sec. 6-16.1. Enforcement actions.
8    (a) A licensee or an officer, associate, member,
9representative, agent, or employee of a licensee may sell,
10give, or deliver alcoholic liquor to a person under the the age
11of 21 years or authorize the sale, gift, or delivery of
12alcoholic liquor to a person under the age of 21 years pursuant
13to a plan or action to investigate, patrol, or otherwise
14conduct a "sting operation" or enforcement action against a
15person employed by the licensee or on any licensed premises if
16the licensee or officer, associate, member, representative,
17agent, or employee of the licensee provides written notice, at
18least 14 days before the "sting operation" or enforcement
19action, unless governing body of the municipality or county
20having jurisdiction sets a shorter period by ordinance, to the
21law enforcement agency having jurisdiction, the local liquor
22control commissioner, or both. Notice provided under this
23Section shall be valid for a "sting operation" or enforcement



HB0740- 2 -LRB097 03569 ASK 43606 b

1action conducted within 60 days of the provision of that
2notice, unless the governing body of the municipality or county
3having jurisdiction sets a shorter period by ordinance.
4    (b) A local liquor control commission or unit of local
5government that conducts alcohol and tobacco compliance
6operations shall establish a policy and standards for alcohol
7and tobacco compliance operations to investigate whether a
8licensee is furnishing (1) alcoholic liquor to persons under 21
9years of age in violation of this Act or (2) tobacco to persons
10in violation of the Prevention of Tobacco Use by Minors and
11Sale and Distribution of Tobacco Products Act.
12    (c) The Illinois Law Enforcement Training Standards Board
13shall develop a model policy and guidelines for the operation
14of alcohol and tobacco compliance checks by local law
15enforcement officers. The Illinois Law Enforcement Training
16Standards Board shall also require the supervising officers of
17such compliance checks to have met a minimum training standard
18as determined by the Board. The Board shall have the right to
19waive any training based on current written policies and
20procedures for alcohol and tobacco compliance check operations
21and in-service training already administered by the local law
22enforcement agency, department, or office.
23    (d) The provisions of subsections (b) and (c) do not apply
24to a home rule unit with more than 2,000,000 inhabitants.
25    (e) A home rule unit, other than a home rule unit with more
26than 2,000,000 inhabitants, may not regulate enforcement



HB0740- 3 -LRB097 03569 ASK 43606 b

1actions in a manner inconsistent with the regulation of
2enforcement actions under this Section. This subsection (e) is
3a limitation under subsection (i) of Section 6 of Article VII
4of the Illinois Constitution on the concurrent exercise by home
5rule units of powers and functions exercised by the State.
6    (f) A licensee who is the subject of an enforcement action
7or "sting operation" under this Section and is found, pursuant
8to the enforcement action, to be in compliance with this Act
9shall be notified by the enforcement agency action that no
10violation was found within 30 days after the finding.
11(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1296-1000, eff. 7-2-10.)