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Public Act 92-0503
HB3162 Enrolled LRB9205152LDpc
AN ACT in relation to alcoholic liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 6-16 and 6-16.1 as follows:
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 6-16.1. (ii) No express company, common
carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State shall
knowingly give or knowingly deliver to a residential address
any shipping container clearly labeled as containing
alcoholic liquor and labeled as requiring signature of an
adult of at least 21 years of age to any person in this State
under the age of 21 years. An express company, common
carrier, or contract carrier that carries or transports such
alcoholic liquor for delivery within this State shall obtain
a signature acknowledging receipt of the alcoholic liquor by
an adult who is at least 21 years of age. (iii) No person,
after purchasing or otherwise obtaining alcoholic liquor,
shall sell, give, or deliver such alcoholic liquor to another
person under the age of 21 years, except in the performance
of a religious ceremony or service. Any person who violates
the provisions of item (i), (ii), or (iii) of this paragraph
of this subsection (a) is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
is prosecuted under this paragraph of this subsection (a) for
selling, giving, or delivering alcoholic liquor to a person
under the age of 21 years, the person under 21 years of age
who attempted to buy or receive the alcoholic liquor may be
prosecuted pursuant to Section 6-20 of this Act, unless the
person under 21 years of age was acting under the authority
of a law enforcement agency, the Illinois Liquor Control
Commission, or a local liquor control commissioner pursuant
to a plan or action to investigate, patrol, or conduct any
similar enforcement action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
shall may refuse to sell, deliver, or serve alcoholic
beverages to any person who is unable to produce adequate
written evidence of identity and of the fact that he or she
is over the age of 21 years, if requested by the licensee,
agent, employee, or representative.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, or the
representative, agent, or employee of the express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
demanded, was shown and reasonably relied upon such written
evidence in any transaction forbidden by this Section is an
affirmative defense in any criminal prosecution therefor or
to any proceedings for the suspension or revocation of any
license based thereon. It shall not, however, be an
affirmative defense if the agent or employee accepted the
written evidence knowing it to be false or fraudulent. If a
false or fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to
a person under 21 years of age if the agent or employee
demanded and was shown, before furnishing liquor to a person
under 21 years of age, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall
not apply if the agent or employee accepted the written
evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity that is
false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or
otherwise procuring or attempting to procure, the serving of
any alcoholic beverage, who falsely states in writing that he
or she is at least 21 years of age when receiving alcoholic
liquor from a representative, agent, or employee of an
express company, common carrier, or contract carrier, or who
has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, the following: a
fine of not less than $500 and at least 25 hours of community
service. If possible, any community service shall be
performed for an alcohol abuse prevention program.
Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or
highway or in any public place or in any place open to the
public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years
making a delivery of an alcoholic beverage in pursuance of
the order of his or her parent or in pursuance of his or her
employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff.
8-13-98.)
(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate, member,
representative, agent, or employee of a licensee may sell,
give, or deliver alcoholic liquor to a person under the age
of 21 years or authorize the sale, gift, or delivery of
alcoholic liquor to a person under the age of 21 years
pursuant to a plan or action to investigate, patrol, or
otherwise conduct a "sting operation" or enforcement action
against a person employed by the licensee or on any licensed
premises if the licensee or officer, associate, member,
representative, agent, or employee of the licensee provides
written notice, at least 14 days before the "sting operation"
or enforcement action, unless governing body of the
municipality or county having jurisdiction sets a shorter
period by ordinance, to the law enforcement agency having
jurisdiction, the local liquor control commissioner, or both.
Notice provided under this Section shall be valid for a
"sting operation" or enforcement action conducted within 60
days of the provision of that notice, unless the governing
body of the municipality or county having jurisdiction sets a
shorter period by ordinance.
(b) A local liquor control commission or unit of local
government that conducts alcohol and tobacco compliance
operations shall establish a policy and standards for alcohol
and tobacco compliance operations to investigate whether a
licensee is furnishing (1) alcoholic liquor to persons under
21 years of age in violation of this Act or (2) tobacco to
persons in violation of the Sale of Tobacco to Minors Act.
(c) The Illinois Law Enforcement Training Standards
Board shall develop a model policy and guidelines for the
operation of alcohol and tobacco compliance checks by local
law enforcement officers. The Illinois Law Enforcement
Training Standards Board shall also require the supervising
officers of such compliance checks to have met a minimum
training standard as determined by the Board. The Board
shall have the right to waive any training based on current
written policies and procedures for alcohol and tobacco
compliance check operations and in-service training already
administered by the local law enforcement agency, department,
or office.
(d) The provisions of subsections (b) and (c) do not
apply to a home rule unit with more than 2,000,000
inhabitants.
(e) A home rule unit, other than a home rule unit with
more than 2,000,000 inhabitants, may not regulate enforcement
actions in a manner inconsistent with the regulation of
enforcement actions under this Section. This subsection (e)
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise
by home rule units of powers and functions exercised by the
State.
(Source: P.A. 90-355, eff. 8-10-97.)
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly November 28, 2001.
Approved December 19, 2001.
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