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Public Act 92-0687
SB1527 Enrolled LRB9209623LDpr
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 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 nor any representative, agent,
or employee on behalf of an 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 at the
time of delivery acknowledging receipt of the alcoholic
liquor by an adult who is at least 21 years of age. At no
time while delivering alcoholic beverages within this State
may any representative, agent, or employee of an express
company, common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
deliver the alcoholic liquor to a residential address without
the acknowledgment of the consignee and without first
obtaining a signature at the time of the delivery by an adult
who is at least 21 years of age. A signature of a person on
file with the express company, common carrier, or contract
carrier does not constitute acknowledgement of the consignee.
Any express company, common carrier, or contract carrier that
transports alcoholic liquor for delivery within this State
that violates this item (ii) of this subsection (a) by
delivering alcoholic liquor without the acknowledgement of
the consignee and without first obtaining a signature at the
time of the delivery by an adult who is at least 21 years of
age is guilty of a business offense for which the express
company, common carrier, or contract carrier that transports
alcoholic liquor within this State shall be fined not more
than $1,001 for a first offense, not more than $5,000 for a
second offense, and not more than $10,000 for a third or
subsequent offense. An express company, common carrier, or
contract carrier shall be held vicariously liable for the
actions of its representatives, agents, or employees. For
purposes of this Act, in addition to other methods authorized
by law, an express company, common carrier, or contract
carrier shall be considered served with process when a
representative, agent, or employee alleged to have violated
this Act is personally served. Each shipment of alcoholic
liquor delivered in violation of this item (ii) of this
subsection (a) constitutes a separate offense. (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. Except as
otherwise provided in item (ii), any express company, common
carrier, or contract carrier that transports alcoholic liquor
within this State that 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 sentence shall
include, but shall not be limited to, a fine of not less than
$500. Any person who violates the provisions of item (iii) of
this paragraph of this subsection (a) is guilty of a Class A
misdemeanor and the sentence shall include, but shall not be
limited to a fine of not less than $500 for a first offense
and not less than $2,000 for a second or subsequent offense.
Any person who knowingly violates the provisions of item
(iii) of this paragraph of this subsection (a) is guilty of a
Class 4 felony if a death occurs as the result of the
violation.
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 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 or employee
of an express company, common carrier, or contract carrier
that carries or transports alcoholic liquor for delivery
within this State 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.. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02;
92-507, eff. 1-1-02; revised 1-7-02.)
Passed in the General Assembly April 23, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
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