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92nd General Assembly

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Public Act 92-0507

HB0445 Re-Enrolled                             LRB9202569NTsb

    AN ACT in relation to schools.

    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 Section 6-16 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,
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.
    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.
    (e)  Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession  on  public
school  district  property  on  school  days  or at events on
public school district property when children are present  is
guilty of a petty offense, unless the alcoholic liquor (i) is
in  the  original  container with the seal unbroken and is in
the possession of a  person  who  is  not  otherwise  legally
prohibited from possessing the alcoholic liquor or (ii) is in
the  possession  of  a  person in or for the performance of a
religious service or ceremony authorized by the school board.
(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.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Governor Amendatory Veto August 03, 2001.
    General Assembly Accepts Amendatory Veto November 28, 2001.
    Returned to Governor for Certification December 12, 2001.
    Governor Certifies Changes January 01, 2002.

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