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(235 ILCS 5/6-20)
(from Ch. 43, par. 134a)
Transfer, possession, and consumption of alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase, or accept a gift of
such alcoholic liquor or have such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees believes or has reason to
believe that a sale or delivery of any alcoholic liquor is prohibited
because of the non-age of the prospective recipient, he or she shall,
making such sale or delivery demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an identification
card; use the identification card of another; carry or use a false or
forged identification card; or obtain an identification card by means of
(d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section.
consumption of alcoholic liquor by any person under 21 years of age is
(f) Whoever violates any provisions of this Section shall be
guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a person under 21 years
of age of alcoholic liquor in the performance of a religious
service or ceremony, or the consumption by a person under 21 years of
age under the direct supervision and approval of the parents
or parent or those persons standing in loco parentis of such person
under 21 years of age in the privacy of a home, is not
prohibited by this Act.
(h) The provisions of this Act prohibiting the possession of alcoholic liquor by a person under 21 years
of age and dispensing of alcoholic liquor to a person under 21 years
of age do not apply in the case of a student under 21 years
of age, but 18 years of age or older, who:
(1) tastes, but does not imbibe, alcoholic liquor
only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);
(2) is enrolled as a student in a college,
university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association, or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012;
(3) is participating in a culinary arts, fermentation
science, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and
(4) tastes, but does not imbibe, alcoholic liquor for
instructional purposes up to, but not exceeding, 6 times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.
(i) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(1) The law enforcement officer has contact with the
person because that person either:
(A) requested emergency medical assistance for an
individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; or
(B) acted in concert with another person who
requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; however, the provisions of this subparagraph (B) shall not apply to more than 3 persons acting in concert for any one occurrence.
(2) The person described in subparagraph (A) or (B)
of paragraph (1) of this subsection (i):
(A) provided his or her full name and any other
relevant information requested by the law enforcement officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance personnel arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(j) A person who meets the criteria of paragraphs (1) and (2) of subsection (i) of this Section shall be immune from criminal liability for an offense under subsection (d) or (e) of this Section.
(k) A person may not initiate an action against a law enforcement officer based on the officer's compliance or failure to comply with subsection (i) of this Section, except for willful or wanton misconduct.
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)