97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1554

 

Introduced 2/15/2011, by Rep. Carol A. Sente

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-16  from Ch. 43, par. 131

    Amends the Liquor Control Act of 1934. Provides that any person shall be guilty of a Class A misdemeanor where he or she permits, allows, or hosts a gathering of 2 or more persons at a residence which he or she occupies or any other private property, public place, or premises under his or her control where any one or more of the persons is under 21 years of age and (1) the person occupying the residence or controlling the private property, public place, or premises knows or reasonably should know 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 the Act. Provides that in addition to being guilty of a Class A misdemeanor, the sentence of any person who violates the provisions of the amendatory Act shall include, but shall not be limited to, a fine of not less than $500. Provides that where the violation directly or indirectly results in great bodily harm or death to any person, the person who committed the violation shall be guilty of a Class 4 felony. Provides that a person shall not be in violation of the provisions of the amendatory Act if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of the duties imposed by the amendatory Act or (ii) terminate the gathering because the person has been unable to prevent persons under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the gathering. Makes other changes.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-16 as follows:
 
6    (235 ILCS 5/6-16)  (from Ch. 43, par. 131)
7    Sec. 6-16. Prohibited sales and possession.
8    (a) (i) No licensee nor any officer, associate, member,
9representative, agent, or employee of such licensee shall sell,
10give, or deliver alcoholic liquor to any person under the age
11of 21 years or to any intoxicated person, except as provided in
12Section 6-16.1. (ii) No express company, common carrier, or
13contract carrier nor any representative, agent, or employee on
14behalf of an express company, common carrier, or contract
15carrier that carries or transports alcoholic liquor for
16delivery within this State shall knowingly give or knowingly
17deliver to a residential address any shipping container clearly
18labeled as containing alcoholic liquor and labeled as requiring
19signature of an adult of at least 21 years of age to any person
20in this State under the age of 21 years. An express company,
21common carrier, or contract carrier that carries or transports
22such alcoholic liquor for delivery within this State shall
23obtain a signature at the time of delivery acknowledging

 

 

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1receipt of the alcoholic liquor by an adult who is at least 21
2years of age. At no time while delivering alcoholic beverages
3within this State may any representative, agent, or employee of
4an express company, common carrier, or contract carrier that
5carries or transports alcoholic liquor for delivery within this
6State deliver the alcoholic liquor to a residential address
7without the acknowledgment of the consignee and without first
8obtaining a signature at the time of the delivery by an adult
9who is at least 21 years of age. A signature of a person on file
10with the express company, common carrier, or contract carrier
11does not constitute acknowledgement of the consignee. Any
12express company, common carrier, or contract carrier that
13transports alcoholic liquor for delivery within this State that
14violates this item (ii) of this subsection (a) by delivering
15alcoholic liquor without the acknowledgement of the consignee
16and without first obtaining a signature at the time of the
17delivery by an adult who is at least 21 years of age is guilty
18of a business offense for which the express company, common
19carrier, or contract carrier that transports alcoholic liquor
20within this State shall be fined not more than $1,001 for a
21first offense, not more than $5,000 for a second offense, and
22not more than $10,000 for a third or subsequent offense. An
23express company, common carrier, or contract carrier shall be
24held vicariously liable for the actions of its representatives,
25agents, or employees. For purposes of this Act, in addition to
26other methods authorized by law, an express company, common

 

 

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1carrier, or contract carrier shall be considered served with
2process when a representative, agent, or employee alleged to
3have violated this Act is personally served. Each shipment of
4alcoholic liquor delivered in violation of this item (ii) of
5this subsection (a) constitutes a separate offense. (iii) No
6person, after purchasing or otherwise obtaining alcoholic
7liquor, shall sell, give, or deliver such alcoholic liquor to
8another person under the age of 21 years, except in the
9performance of a religious ceremony or service. Except as
10otherwise provided in item (ii), any express company, common
11carrier, or contract carrier that transports alcoholic liquor
12within this State that violates the provisions of item (i),
13(ii), or (iii) of this paragraph of this subsection (a) is
14guilty of a Class A misdemeanor and the sentence shall include,
15but shall not be limited to, a fine of not less than $500. Any
16person who violates the provisions of item (iii) of this
17paragraph of this subsection (a) is guilty of a Class A
18misdemeanor and the sentence shall include, but shall not be
19limited to a fine of not less than $500 for a first offense and
20not less than $2,000 for a second or subsequent offense. Any
21person who knowingly violates the provisions of item (iii) of
22this paragraph of this subsection (a) is guilty of a Class 4
23felony if a death occurs as the result of the violation.
24    If a licensee or officer, associate, member,
25representative, agent, or employee of the licensee, or a
26representative, agent, or employee of an express company,

 

 

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1common carrier, or contract carrier that carries or transports
2alcoholic liquor for delivery within this State, is prosecuted
3under this paragraph of this subsection (a) for selling,
4giving, or delivering alcoholic liquor to a person under the
5age of 21 years, the person under 21 years of age who attempted
6to buy or receive the alcoholic liquor may be prosecuted
7pursuant to Section 6-20 of this Act, unless the person under
821 years of age was acting under the authority of a law
9enforcement agency, the Illinois Liquor Control Commission, or
10a local liquor control commissioner pursuant to a plan or
11action to investigate, patrol, or conduct any similar
12enforcement action.
13    For the purpose of preventing the violation of this
14Section, any licensee, or his agent or employee, or a
15representative, agent, or employee of an express company,
16common carrier, or contract carrier that carries or transports
17alcoholic liquor for delivery within this State, shall refuse
18to sell, deliver, or serve alcoholic beverages to any person
19who is unable to produce adequate written evidence of identity
20and of the fact that he or she is over the age of 21 years, if
21requested by the licensee, agent, employee, or representative.
22    Adequate written evidence of age and identity of the person
23is a document issued by a federal, state, county, or municipal
24government, or subdivision or agency thereof, including, but
25not limited to, a motor vehicle operator's license, a
26registration certificate issued under the Federal Selective

 

 

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1Service Act, or an identification card issued to a member of
2the Armed Forces. Proof that the defendant-licensee, or his
3employee or agent, or the representative, agent, or employee of
4the express company, common carrier, or contract carrier that
5carries or transports alcoholic liquor for delivery within this
6State demanded, was shown and reasonably relied upon such
7written evidence in any transaction forbidden by this Section
8is an affirmative defense in any criminal prosecution therefor
9or to any proceedings for the suspension or revocation of any
10license based thereon. It shall not, however, be an affirmative
11defense if the agent or employee accepted the written evidence
12knowing it to be false or fraudulent. If a false or fraudulent
13Illinois driver's license or Illinois identification card is
14presented by a person less than 21 years of age to a licensee
15or the licensee's agent or employee for the purpose of
16ordering, purchasing, attempting to purchase, or otherwise
17obtaining or attempting to obtain the serving of any alcoholic
18beverage, the law enforcement officer or agency investigating
19the incident shall, upon the conviction of the person who
20presented the fraudulent license or identification, make a
21report of the matter to the Secretary of State on a form
22provided by the Secretary of State.
23    However, no agent or employee of the licensee or employee
24of an express company, common carrier, or contract carrier that
25carries or transports alcoholic liquor for delivery within this
26State shall be disciplined or discharged for selling or

 

 

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1furnishing liquor to a person under 21 years of age if the
2agent or employee demanded and was shown, before furnishing
3liquor to a person under 21 years of age, adequate written
4evidence of age and identity of the person issued by a federal,
5state, county or municipal government, or subdivision or agency
6thereof, including but not limited to a motor vehicle
7operator's license, a registration certificate issued under
8the Federal Selective Service Act, or an identification card
9issued to a member of the Armed Forces. This paragraph,
10however, shall not apply if the agent or employee accepted the
11written evidence knowing it to be false or fraudulent.
12    Any person who sells, gives, or furnishes to any person
13under the age of 21 years any false or fraudulent written,
14printed, or photostatic evidence of the age and identity of
15such person or who sells, gives or furnishes to any person
16under the age of 21 years evidence of age and identification of
17any other person is guilty of a Class A misdemeanor and the
18person's sentence shall include, but shall not be limited to, a
19fine of not less than $500.
20    Any person under the age of 21 years who presents or offers
21to any licensee, his agent or employee, any written, printed or
22photostatic evidence of age and identity that is false,
23fraudulent, or not actually his or her own for the purpose of
24ordering, purchasing, attempting to purchase or otherwise
25procuring or attempting to procure, the serving of any
26alcoholic beverage, who falsely states in writing that he or

 

 

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1she is at least 21 years of age when receiving alcoholic liquor
2from a representative, agent, or employee of an express
3company, common carrier, or contract carrier, or who has in his
4or her possession any false or fraudulent written, printed, or
5photostatic evidence of age and identity, is guilty of a Class
6A misdemeanor and the person's sentence shall include, but
7shall not be limited to, the following: a fine of not less than
8$500 and at least 25 hours of community service. If possible,
9any community service shall be performed for an alcohol abuse
10prevention program.
11    Any person under the age of 21 years who has any alcoholic
12beverage in his or her possession on any street or highway or
13in any public place or in any place open to the public is
14guilty of a Class A misdemeanor. This Section does not apply to
15possession by a person under the age of 21 years making a
16delivery of an alcoholic beverage in pursuance of the order of
17his or her parent or in pursuance of his or her employment.
18    (a-1) (Blank). It is unlawful for any parent or guardian to
19knowingly permit his or her residence to be used by an invitee
20of the parent's child or the guardian's ward, if the invitee is
21under the age of 21, in a manner that constitutes a violation
22of this Section. A parent or guardian is deemed to have
23knowingly permitted his or her residence to be used in
24violation of this Section if he or she knowingly authorizes,
25enables, or permits consumption of alcoholic liquor by underage
26invitees. Any person who violates this subsection (a-1) is

 

 

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1guilty of a Class A misdemeanor and the person's sentence shall
2include, but shall not be limited to, a fine of not less than
3$500. Where a violation of this subsection (a-1) directly or
4indirectly results in great bodily harm or death to any person,
5the person violating this subsection shall be guilty of a Class
64 felony. Nothing in this subsection (a-1) shall be construed
7to prohibit the giving of alcoholic liquor to a person under
8the age of 21 years in the performance of a religious ceremony
9or service in observation of a religious holiday.
10    (b) Except as otherwise provided in this Section whoever
11violates this Section shall, in addition to other penalties
12provided for in this Act, be guilty of a Class A misdemeanor.
13    (c) Any person shall be guilty of a Class A misdemeanor
14where he or she knowingly permits, allows, or hosts a gathering
15of 2 or more persons at a residence which he or she occupies or
16any other private property, public place, or premises under his
17or her control which he or she occupies of two or more persons
18where any one or more of the persons is under 21 years of age
19and the following factors also apply:
20        (1) the person occupying the residence or controlling
21    the private property, public place, or premises knows or
22    reasonably should know that any such person under the age
23    of 21 is in possession of or is consuming any alcoholic
24    beverage; and
25        (2) the possession or consumption of the alcohol by the
26    person under 21 is not otherwise permitted by this Act. ;

 

 

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1    and
2        (3) the person occupying the residence knows that the
3    person under the age of 21 leaves the residence in an
4    intoxicated condition.
5    For the purposes of this subsection (c), where the
6residence has an owner and a tenant or lessee, there is a
7rebuttable presumption that the residence is occupied only by
8the tenant or lessee.
9    In addition to being guilty of a Class A misdemeanor, the
10sentence of any person who violates this subsection (c) shall
11include, but shall not be limited to, a fine of not less than
12$500. Where a violation of this subsection (c) directly or
13indirectly results in great bodily harm or death to any person,
14the person violating this subsection (c) shall be guilty of a
15Class 4 felony.
16    Nothing in this subsection (c) shall be construed to
17prohibit the giving of alcoholic liquor to a person under the
18age of 21 years in the performance of a religious ceremony or
19service in observation of a religious holiday.
20    A person shall not be in violation of this subsection (c)
21if (A) he or she requests assistance from the police department
22or other law enforcement agency to either (i) remove any person
23who refuses to abide by the person's performance of the duties
24imposed by this subsection (c) or (ii) terminate the gathering
25because the person has been unable to prevent persons under the
26age of 21 years from consuming alcohol despite having taken all

 

 

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1reasonable steps to do so and (B) this assistance is requested
2before any other person makes a formal complaint to the police
3department or other law enforcement agency about the gathering.
4    (d) Any person who rents a hotel or motel room from the
5proprietor or agent thereof for the purpose of or with the
6knowledge that such room shall be used for the consumption of
7alcoholic liquor by persons under the age of 21 years shall be
8guilty of a Class A misdemeanor.
9    (e) Except as otherwise provided in this Act, any person
10who has alcoholic liquor in his or her possession on public
11school district property on school days or at events on public
12school district property when children are present is guilty of
13a petty offense, unless the alcoholic liquor (i) is in the
14original container with the seal unbroken and is in the
15possession of a person who is not otherwise legally prohibited
16from possessing the alcoholic liquor or (ii) is in the
17possession of a person in or for the performance of a religious
18service or ceremony authorized by the school board.
19(Source: P.A. 95-563, eff. 8-31-07.)