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Full Text of HB0494  100th General Assembly

HB0494ham003 100TH GENERAL ASSEMBLY

Rep. Barbara Wheeler

Filed: 3/8/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 494

2    AMENDMENT NO. ______. Amend House Bill 494 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-20 as follows:
 
6    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
7    Sec. 6-20. Transfer, possession, and consumption of
8alcoholic liquor; restrictions.
9    (a) Any person to whom the sale, gift or delivery of any
10alcoholic liquor is prohibited because of age shall not
11purchase, or accept a gift of such alcoholic liquor or have
12such alcoholic liquor in his possession.
13    (b) If a licensee or his or her agents or employees
14believes or has reason to believe that a sale or delivery of
15any alcoholic liquor is prohibited because of the non-age of
16the prospective recipient, he or she shall, before making such

 

 

10000HB0494ham003- 2 -LRB100 06691 RPS 23231 a

1sale or delivery demand presentation of some form of positive
2identification, containing proof of age, issued by a public
3officer in the performance of his or her official duties.
4    (c) No person shall transfer, alter, or deface such an
5identification card; use the identification card of another;
6carry or use a false or forged identification card; or obtain
7an identification card by means of false information.
8    (d) No person shall purchase, accept delivery or have
9possession of alcoholic liquor in violation of this Section.
10    (e) The consumption of alcoholic liquor by any person under
1121 years of age is forbidden.
12    (f) Whoever violates any provisions of this Section shall
13be guilty of a Class A misdemeanor.
14    (g) The possession and dispensing, or consumption by a
15person under 21 years of age of alcoholic liquor in the
16performance of a religious service or ceremony, or the
17consumption by a person under 21 years of age under the direct
18supervision and approval of the parents or parent or those
19persons standing in loco parentis of such person under 21 years
20of age in the privacy of a home, is not prohibited by this Act.
21    (h) The provisions of this Act prohibiting the possession
22of alcoholic liquor by a person under 21 years of age and
23dispensing of alcoholic liquor to a person under 21 years of
24age do not apply in the case of a student under 21 years of age,
25but 18 years of age or older, who:
26        (1) tastes, but does not imbibe, alcoholic liquor only

 

 

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1    during times of a regularly scheduled course while under
2    the direct supervision of an instructor who is at least 21
3    years of age and employed by an educational institution
4    described in subdivision (2);
5        (2) is enrolled as a student in a college, university,
6    or post-secondary educational institution that is
7    accredited or certified by an agency recognized by the
8    United States Department of Education or a nationally
9    recognized accrediting agency or association, or that has a
10    permit of approval issued by the Board of Higher Education
11    pursuant to the Private Business and Vocational Schools Act
12    of 2012;
13        (3) is participating in a culinary arts, fermentation
14    science, food service, or restaurant management degree
15    program of which a portion of the program includes
16    instruction on responsible alcoholic beverage serving
17    methods modeled after the Beverage Alcohol Sellers and
18    Server Education and Training (BASSET) curriculum; and
19        (4) tastes, but does not imbibe, alcoholic liquor for
20    instructional purposes up to, but not exceeding, 6 times
21    per class as a part of a required course in which the
22    student temporarily possesses alcoholic liquor for
23    tasting, not imbibing, purposes only in a class setting on
24    the campus and, thereafter, the alcoholic liquor is
25    possessed and remains under the control of the instructor.
26    (h-5) The provisions of this Act prohibiting the possession

 

 

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1and consumption of beer or wine by a person under 21 years of
2age and dispensing of beer or wine to a person under 21 years
3of age, including Section 6-16 of this Act, do not apply if the
4person under 21 years of age (1) is 18 years of age or older,
5(2) is on premises where a restaurant is operated and the sale
6of alcoholic liquor is not the principal business carried out
7on those premises, and (3) is under the direct supervision of
8and has the approval of his or her parent or parents,
9grandparent or grandparents, step-parent or step-parents, or
10legal guardian.
11    This subsection does not prohibit a restaurant from
12refusing to dispense beer or wine to a person under 21 years of
13age or from prohibiting the possession and consumption of beer
14or wine by a person under 21 years of age on the premises.
15    (i) A law enforcement officer may not charge or otherwise
16take a person into custody based solely on the commission of an
17offense that involves alcohol and violates subsection (d) or
18(e) of this Section if the law enforcement officer, after
19making a reasonable determination and considering the facts and
20surrounding circumstances, reasonably believes that all of the
21following apply:
22        (1) The law enforcement officer has contact with the
23    person because that person either:
24            (A) requested emergency medical assistance for an
25        individual who reasonably appeared to be in need of
26        medical assistance due to alcohol consumption; or

 

 

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1            (B) acted in concert with another person who
2        requested emergency medical assistance for an
3        individual who reasonably appeared to be in need of
4        medical assistance due to alcohol consumption;
5        however, the provisions of this subparagraph (B) shall
6        not apply to more than 3 persons acting in concert for
7        any one occurrence.
8        (2) The person described in subparagraph (A) or (B) of
9    paragraph (1) of this subsection (i):
10            (A) provided his or her full name and any other
11        relevant information requested by the law enforcement
12        officer;
13            (B) remained at the scene with the individual who
14        reasonably appeared to be in need of medical assistance
15        due to alcohol consumption until emergency medical
16        assistance personnel arrived; and
17            (C) cooperated with emergency medical assistance
18        personnel and law enforcement officers at the scene.
19    (j) A person who meets the criteria of paragraphs (1) and
20(2) of subsection (i) of this Section shall be immune from
21criminal liability for an offense under subsection (d) or (e)
22of this Section.
23    (k) A person may not initiate an action against a law
24enforcement officer based on the officer's compliance or
25failure to comply with subsection (i) of this Section, except
26for willful or wanton misconduct.

 

 

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1(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)".