093_SB0413eng

 
SB413 Engrossed                      LRB093 09916 LRD 10166 b

 1        AN ACT in relation to alcohol.

 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 6-16.1 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,
 9    representative, agent, or employee of a  licensee  may  sell,
10    give,  or  deliver alcoholic liquor to a person under the age
11    of 21 years or authorize  the  sale,  gift,  or  delivery  of
12    alcoholic  liquor  to  a  person  under  the  age of 21 years
13    pursuant to a plan  or  action  to  investigate,  patrol,  or
14    otherwise  conduct  a "sting operation" or enforcement action
15    against a person employed by the licensee or on any  licensed
16    premises  if  the  licensee  or  officer,  associate, member,
17    representative, agent, or employee of the  licensee  provides
18    written notice, at least 14 days before the "sting operation"
19    or   enforcement   action,   unless  governing  body  of  the
20    municipality or county having  jurisdiction  sets  a  shorter
21    period  by  ordinance,  to  the law enforcement agency having
22    jurisdiction, the local liquor control commissioner, or both.
23    Notice provided under this  Section  shall  be  valid  for  a
24    "sting  operation"  or enforcement action conducted within 60
25    days of the provision of that notice,  unless  the  governing
26    body of the municipality or county having jurisdiction sets a
27    shorter period by ordinance.
28        (b)  A  local  liquor control commission or unit of local
29    government  that  conducts  alcohol  and  tobacco  compliance
30    operations shall establish a policy and standards for alcohol
31    and tobacco compliance operations to  investigate  whether  a
 
SB413 Engrossed             -2-      LRB093 09916 LRD 10166 b
 1    licensee  is furnishing (1) alcoholic liquor to persons under
 2    21 years of age in violation of this Act or  (2)  tobacco  to
 3    persons in violation of the Sale of Tobacco to Minors Act.
 4        (c)  The  Illinois  Law  Enforcement  Training  Standards
 5    Board  shall  develop  a  model policy and guidelines for the
 6    operation of alcohol and tobacco compliance checks  by  local
 7    law  enforcement  officers.   The  Illinois  Law  Enforcement
 8    Training  Standards  Board shall also require the supervising
 9    officers of such compliance checks  to  have  met  a  minimum
10    training  standard  as  determined  by  the Board.  The Board
11    shall have the right to waive any training based  on  current
12    written  policies  and  procedures  for  alcohol  and tobacco
13    compliance check operations and in-service  training  already
14    administered by the local law enforcement agency, department,
15    or office.
16        (d)  The  provisions  of  subsections  (b) and (c) do not
17    apply  to  a  home  rule  unit  with  more   than   2,000,000
18    inhabitants.
19        (e)  A  home  rule unit, other than a home rule unit with
20    more than 2,000,000 inhabitants, may not regulate enforcement
21    actions in a  manner  inconsistent  with  the  regulation  of
22    enforcement  actions under this Section.  This subsection (e)
23    is a limitation under subsection (i) of Section 6 of  Article
24    VII  of  the Illinois Constitution on the concurrent exercise
25    by home rule units of powers and functions exercised  by  the
26    State.
27        (f)  A  licensee  who  is  the  subject of an enforcement
28    action or "sting operation" under this Section and is  found,
29    pursuant  to the enforcement action, to be in compliance with
30    this Act shall be notified within 30 days of the  enforcement
31    action that no violation was found.
32    (Source: P.A. 92-503, eff. 1-1-02.)