Rep. Daniel V. Beiser

Filed: 3/17/2015

 

 


 

 


 
09900HB3446ham001LRB099 05866 RPS 32642 a

1
AMENDMENT TO HOUSE BILL 3446

2    AMENDMENT NO. ______. Amend House Bill 3446 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1deliver to a residential address any shipping container clearly
2labeled as containing alcoholic liquor and labeled as requiring
3signature of an adult of at least 21 years of age to any person
4in this State under the age of 21 years. An express company,
5common carrier, or contract carrier that carries or transports
6such alcoholic liquor for delivery within this State shall
7obtain a signature at the time of delivery acknowledging
8receipt of the alcoholic liquor by an adult who is at least 21
9years of age. At no time while delivering alcoholic beverages
10within this State may any representative, agent, or employee of
11an express company, common carrier, or contract carrier that
12carries or transports alcoholic liquor for delivery within this
13State deliver the alcoholic liquor to a residential address
14without the acknowledgment of the consignee and without first
15obtaining a signature at the time of the delivery by an adult
16who is at least 21 years of age. A signature of a person on file
17with the express company, common carrier, or contract carrier
18does not constitute acknowledgement of the consignee. Any
19express company, common carrier, or contract carrier that
20transports alcoholic liquor for delivery within this State that
21violates this item (ii) of this subsection (a) by delivering
22alcoholic liquor without the acknowledgement of the consignee
23and without first obtaining a signature at the time of the
24delivery by an adult who is at least 21 years of age is guilty
25of a business offense for which the express company, common
26carrier, or contract carrier that transports alcoholic liquor

 

 

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1within this State shall be fined not more than $1,001 for a
2first offense, not more than $5,000 for a second offense, and
3not more than $10,000 for a third or subsequent offense. An
4express company, common carrier, or contract carrier shall be
5held vicariously liable for the actions of its representatives,
6agents, or employees. For purposes of this Act, in addition to
7other methods authorized by law, an express company, common
8carrier, or contract carrier shall be considered served with
9process when a representative, agent, or employee alleged to
10have violated this Act is personally served. Each shipment of
11alcoholic liquor delivered in violation of this item (ii) of
12this subsection (a) constitutes a separate offense. (iii) No
13person, after purchasing or otherwise obtaining alcoholic
14liquor, shall sell, give, or deliver such alcoholic liquor to
15another person under the age of 21 years, except in the
16performance of a religious ceremony or service. Except as
17otherwise provided in item (ii), any express company, common
18carrier, or contract carrier that transports alcoholic liquor
19within this State that violates the provisions of item (i),
20(ii), or (iii) of this paragraph of this subsection (a) is
21guilty of a Class A misdemeanor and the sentence shall include,
22but shall not be limited to, a fine of not less than $500. Any
23person who violates the provisions of item (iii) of this
24paragraph of this subsection (a) is guilty of a Class A
25misdemeanor and the sentence shall include, but shall not be
26limited to a fine of not less than $500 for a first offense and

 

 

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1not less than $2,000 for a second or subsequent offense. Any
2person who knowingly violates the provisions of item (iii) of
3this paragraph of this subsection (a) is guilty of a Class 4
4felony if a death occurs as the result of the violation.
5    If a licensee or officer, associate, member,
6representative, agent, or employee of the licensee, or a
7representative, agent, or employee of an express company,
8common carrier, or contract carrier that carries or transports
9alcoholic liquor for delivery within this State, is prosecuted
10under this paragraph of this subsection (a) for selling,
11giving, or delivering alcoholic liquor to a person under the
12age of 21 years, the person under 21 years of age who attempted
13to buy or receive the alcoholic liquor may be prosecuted
14pursuant to Section 6-20 of this Act, unless the person under
1521 years of age was acting under the authority of a law
16enforcement agency, the Illinois Liquor Control Commission, or
17a local liquor control commissioner pursuant to a plan or
18action to investigate, patrol, or conduct any similar
19enforcement action.
20    For the purpose of preventing the violation of this
21Section, any licensee, or his agent or employee, or a
22representative, agent, or employee of an express company,
23common carrier, or contract carrier that carries or transports
24alcoholic liquor for delivery within this State, shall refuse
25to sell, deliver, or serve alcoholic beverages to any person
26who is unable to produce adequate written evidence of identity

 

 

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1and of the fact that he or she is over the age of 21 years, if
2requested by the licensee, agent, employee, or representative.
3    Adequate written evidence of age and identity of the person
4is a document issued by a federal, state, county, or municipal
5government, or subdivision or agency thereof, including, but
6not limited to, a motor vehicle operator's license, a
7registration certificate issued under the Federal Selective
8Service Act, or an identification card issued to a member of
9the Armed Forces. Proof that the defendant-licensee, or his
10employee or agent, or the representative, agent, or employee of
11the express company, common carrier, or contract carrier that
12carries or transports alcoholic liquor for delivery within this
13State demanded, was shown and reasonably relied upon such
14written evidence in any transaction forbidden by this Section
15is an affirmative defense in any criminal prosecution therefor
16or to any proceedings for the suspension or revocation of any
17license based thereon. It shall not, however, be an affirmative
18defense if the agent or employee accepted the written evidence
19knowing it to be false or fraudulent. If a false or fraudulent
20Illinois driver's license or Illinois identification card is
21presented by a person less than 21 years of age to a licensee
22or the licensee's agent or employee for the purpose of
23ordering, purchasing, attempting to purchase, or otherwise
24obtaining or attempting to obtain the serving of any alcoholic
25beverage, the law enforcement officer or agency investigating
26the incident shall, upon the conviction of the person who

 

 

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1presented the fraudulent license or identification, make a
2report of the matter to the Secretary of State on a form
3provided by the Secretary of State.
4    However, no agent or employee of the licensee or employee
5of an express company, common carrier, or contract carrier that
6carries or transports alcoholic liquor for delivery within this
7State shall be disciplined or discharged for selling or
8furnishing liquor to a person under 21 years of age if the
9agent or employee demanded and was shown, before furnishing
10liquor to a person under 21 years of age, adequate written
11evidence of age and identity of the person issued by a federal,
12state, county or municipal government, or subdivision or agency
13thereof, including but not limited to a motor vehicle
14operator's license, a registration certificate issued under
15the Federal Selective Service Act, or an identification card
16issued to a member of the Armed Forces. This paragraph,
17however, shall not apply if the agent or employee accepted the
18written evidence knowing it to be false or fraudulent.
19    Any person who sells, gives, or furnishes to any person
20under the age of 21 years any false or fraudulent written,
21printed, or photostatic evidence of the age and identity of
22such person or who sells, gives or furnishes to any person
23under the age of 21 years evidence of age and identification of
24any other person is guilty of a Class A misdemeanor and the
25person's sentence shall include, but shall not be limited to, a
26fine of not less than $500.

 

 

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1    Any person under the age of 21 years who presents or offers
2to any licensee, his agent or employee, any written, printed or
3photostatic evidence of age and identity that is false,
4fraudulent, or not actually his or her own for the purpose of
5ordering, purchasing, attempting to purchase or otherwise
6procuring or attempting to procure, the serving of any
7alcoholic beverage, who falsely states in writing that he or
8she is at least 21 years of age when receiving alcoholic liquor
9from a representative, agent, or employee of an express
10company, common carrier, or contract carrier, or who has in his
11or her possession any false or fraudulent written, printed, or
12photostatic evidence of age and identity, is guilty of a Class
13A misdemeanor and the person's sentence shall include, but
14shall not be limited to, the following: a fine of not less than
15$500 and at least 25 hours of community service. If possible,
16any community service shall be performed for an alcohol abuse
17prevention program.
18    Any person under the age of 21 years who has any alcoholic
19beverage in his or her possession on any street or highway or
20in any public place or in any place open to the public is
21guilty of a Class A misdemeanor. This Section does not apply to
22possession by a person under the age of 21 years making a
23delivery of an alcoholic beverage in pursuance of the order of
24his or her parent or in pursuance of his or her employment.
25    (a-1) It is unlawful for any parent or guardian to
26knowingly permit his or her residence, any other private

 

 

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1property under his or her control, or any vehicle, conveyance,
2or watercraft under his or her control to be used by an invitee
3of the parent's child or the guardian's ward, if the invitee is
4under the age of 21, in a manner that constitutes a violation
5of this Section. A parent or guardian is deemed to have
6knowingly permitted his or her residence, any other private
7property under his or her control, or any vehicle, conveyance,
8or watercraft under his or her control to be used in violation
9of this Section if he or she knowingly authorizes or permits
10consumption of alcoholic liquor by underage invitees. Any
11person who violates this subsection (a-1) is guilty of a Class
12A misdemeanor and the person's sentence shall include, but
13shall not be limited to, a fine of not less than $500. Where a
14violation of this subsection (a-1) directly or indirectly
15results in great bodily harm or death to any person, the person
16violating this subsection shall be guilty of a Class 4 felony.
17Nothing in this subsection (a-1) shall be construed to prohibit
18the giving of alcoholic liquor to a person under the age of 21
19years in the performance of a religious ceremony or service in
20observation of a religious holiday.
21    For the purposes of this subsection (a-1) where the
22residence or other property has an owner and a tenant or
23lessee, the trier of fact may infer that the residence or other
24property is occupied only by the tenant or lessee.
25    (b) Except as otherwise provided in this Section whoever
26violates this Section shall, in addition to other penalties

 

 

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1provided for in this Act, be guilty of a Class A misdemeanor.
2    (c) Any person shall be guilty of a Class A misdemeanor
3where he or she knowingly authorizes or permits a residence
4which he or she occupies to be used by an invitee under 21
5years of age and:
6        (1) the person occupying the residence knows that any
7    such person under the age of 21 is in possession of or is
8    consuming any alcoholic beverage; and
9        (2) the possession or consumption of the alcohol by the
10    person under 21 is not otherwise permitted by this Act.
11    For the purposes of this subsection (c) where the residence
12has an owner and a tenant or lessee, the trier of fact may
13infer that the residence is occupied only by the tenant or
14lessee. The sentence of any person who violates this subsection
15(c) shall include, but shall not be limited to, a fine of not
16less than $500. Where a violation of this subsection (c)
17directly or indirectly results in great bodily harm or death to
18any person, the person violating this subsection (c) shall be
19guilty of a Class 4 felony. Nothing in this subsection (c)
20shall be construed to prohibit the giving of alcoholic liquor
21to a person under the age of 21 years in the performance of a
22religious ceremony or service in observation of a religious
23holiday.
24    A person shall not be in violation of this subsection (c)
25if (A) he or she requests assistance from the police department
26or other law enforcement agency to either (i) remove any person

 

 

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1who refuses to abide by the person's performance of the duties
2imposed by this subsection (c) or (ii) terminate the activity
3because the person has been unable to prevent a person under
4the age of 21 years from consuming alcohol despite having taken
5all reasonable steps to do so and (B) this assistance is
6requested before any other person makes a formal complaint to
7the police department or other law enforcement agency about the
8activity.
9    (d) Any person who rents a hotel or motel room from the
10proprietor or agent thereof for the purpose of or with the
11knowledge that such room shall be used for the consumption of
12alcoholic liquor by persons under the age of 21 years shall be
13guilty of a Class A misdemeanor.
14    (e) Except as otherwise provided in this Act, any person
15who has alcoholic liquor in his or her possession on public
16school district property on school days or at events on public
17school district property when children are present is guilty of
18a petty offense, unless the alcoholic liquor (i) is in the
19original container with the seal unbroken and is in the
20possession of a person who is not otherwise legally prohibited
21from possessing the alcoholic liquor or (ii) is in the
22possession of a person in or for the performance of a religious
23service or ceremony authorized by the school board.
24    (f) A licensee may bring a civil action against a person
25who is over the age of 18 years but under the age of 21 years
26who:

 

 

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1        (1) procures or attempts to procure alcoholic liquor
2    from the licensee; or
3        (2) possesses or consumes alcoholic liquor on the
4    licensee's premises.
5    If judgment is entered in favor of the licensee, the court
6shall award damages to the licensee in the amount of $1,000
7plus the costs of the action, including reasonable attorney's
8fees. A licensee may bring an action under this subsection (f)
9regardless of whether the person who is over the age of 18
10years but under the age of 21 years has been convicted of, or
11received a citation for, engaging in the conduct specified in
12paragraph (1) or (2) of this subsection (f), but the licensee
13has the burden of proving, by a preponderance of the evidence,
14that the person engaged in the conduct specified in paragraph
15(1) or (2) of this subsection (f).
16    A licensee may not bring a civil action under this
17subsection (f) unless the licensee has first provided notice of
18the licensee's intent to bring a civil action under this
19subsection (f) to the person who is over the age of 18 years
20but under the age of 21 years. The notice shall be mailed to
21the last-known address of that person at least 15 days prior to
22filing the action and shall include a demand for the relief
23described in this subsection (f). The State Commission may, by
24rule, prescribe a form for this notice.
25    This subsection (f) does not apply to enforcement actions
26conducted pursuant to Section 6-16.1 of this Act.

 

 

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1(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
 
2    Section 10. The Video Gaming Act is amended by changing
3Section 40 as follows:
 
4    (230 ILCS 40/40)
5    Sec. 40. Video gaming terminal use by minors prohibited.
6    (a) No licensee shall cause or permit any person under the
7age of 21 years to use or play a video gaming terminal. Any
8licensee who knowingly permits a person under the age of 21
9years to use or play a video gaming terminal is guilty of a
10business offense and shall be fined an amount not to exceed
11$5,000.
12    (b) A licensee may bring a civil action against a person
13who is over the age of 18 years but under the age of 21 years
14who uses or plays or attempts to use or play a video gaming
15terminal on the licensee's premises. If judgment is entered in
16favor of the licensee, the court shall award damages to the
17licensee in the amount of $1,000 plus the costs of the action,
18including reasonable attorney's fees.
19    A licensee may not bring a civil action under this
20subsection (b) unless the licensee has first provided notice of
21the licensee's intent to bring a civil action under this
22subsection (b) to the person who is over the age of 18 years
23but under the age of 21 years. The notice shall be mailed to
24the last-known address of that person at least 15 days prior to

 

 

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1filing the action and shall include a demand for the relief
2described in this subsection (b). The Board may, by rule,
3prescribe a form for this notice.
4(Source: P.A. 96-34, eff. 7-13-09.)".