Full Text of HB3610 101st General Assembly
HB3610sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3610
| 2 | | AMENDMENT NO. ______. Amend House Bill 3610 as follows:
| 3 | | on page 1, line 5, by replacing "Section 5-1" with "Sections | 4 | | 5-1, 6-6, and 6-6.5"; and | 5 | | on page 26, immediately below line 14, by inserting the | 6 | | following:
| 7 | | "(235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 8 | | Sec. 6-6.
Except as otherwise provided in this Act no | 9 | | manufacturer or
distributor or importing distributor shall, | 10 | | directly or indirectly,
sell, supply, furnish, give or pay for, | 11 | | or loan or lease, any
furnishing, fixture or equipment on the | 12 | | premises of a place of business
of another licensee authorized | 13 | | under this Act to sell alcoholic liquor
at retail, either for | 14 | | consumption on or off the premises, nor shall he or she,
| 15 | | directly or indirectly, pay for any such license, or advance, |
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| 1 | | furnish,
lend or give money for payment of such license, or | 2 | | purchase or become
the owner of any note, mortgage, or other | 3 | | evidence of indebtedness of
such licensee or any form of | 4 | | security therefor, nor shall such
manufacturer, or | 5 | | distributor, or importing distributor, directly or
indirectly, | 6 | | be interested in the ownership, conduct or operation of the
| 7 | | business of any licensee authorized to sell alcoholic liquor at | 8 | | retail,
nor shall any manufacturer, or distributor, or | 9 | | importing distributor be
interested directly or indirectly or | 10 | | as owner or part owner of said
premises or as lessee or lessor | 11 | | thereof, in any premises upon which
alcoholic liquor is sold at | 12 | | retail.
| 13 | | No manufacturer or distributor or importing distributor | 14 | | shall,
directly or indirectly or through a subsidiary or | 15 | | affiliate, or by any
officer, director or firm of such | 16 | | manufacturer, distributor or importing
distributor, furnish, | 17 | | give, lend or rent, install, repair or maintain,
to or for any | 18 | | retail licensee in this State, any
signs or inside advertising | 19 | | materials except as provided in this Section and
Section 6-5. | 20 | | With respect to
retail licensees, other than any government | 21 | | owned or operated auditorium,
exhibition hall, recreation | 22 | | facility or other similar facility holding a
retailer's license | 23 | | as described in Section 6-5, a manufacturer,
distributor, or | 24 | | importing distributor may furnish, give, lend or rent and
| 25 | | erect, install, repair and maintain to or for any retail | 26 | | licensee, for use
at any one time in or about or in connection |
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| 1 | | with a retail establishment on
which the products of the | 2 | | manufacturer, distributor or importing
distributor are sold, | 3 | | the following signs and inside advertising materials
as | 4 | | authorized in subparts (i), (ii), (iii), and (iv):
| 5 | | (i) Permanent outside signs shall cost not more than | 6 | | $3,000 per manufacturer, exclusive of erection,
| 7 | | installation, repair and maintenance costs, and permit | 8 | | fees and
shall bear only the manufacturer's name, brand | 9 | | name, trade name, slogans,
markings, trademark, or other | 10 | | symbols commonly associated with and generally
used in | 11 | | identifying the product including, but not limited to, | 12 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
| 13 | | (ii) Temporary outside signs shall include, but not be | 14 | | limited to, banners, flags, pennants,
streamers, and other | 15 | | items of a temporary and non-permanent
nature, and shall | 16 | | cost not more than $1,000 per manufacturer. Each temporary | 17 | | outside sign must include the manufacturer's name,
brand | 18 | | name, trade name, slogans, markings,
trademark, or other | 19 | | symbol commonly associated with and generally used in
| 20 | | identifying the product. Temporary outside signs may also | 21 | | include,
for example, the product,
price, packaging, date | 22 | | or dates of a promotion and an announcement of a
retail | 23 | | licensee's specific sponsored event, if the temporary | 24 | | outside sign is
intended to promote a product, and provided | 25 | | that the announcement of the retail
licensee's event and | 26 | | the product promotion are held simultaneously. However,
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| 1 | | temporary outside signs may not include names, slogans, | 2 | | markings, or logos that
relate to the retailer. Nothing in | 3 | | this subpart (ii) shall prohibit a
distributor or importing | 4 | | distributor from bearing the cost of creating or
printing a | 5 | | temporary outside sign for the retail licensee's specific | 6 | | sponsored
event or from bearing the cost of creating or | 7 | | printing a temporary sign for a
retail licensee containing, | 8 | | for example, community goodwill expressions,
regional | 9 | | sporting event announcements, or seasonal messages, | 10 | | provided that the
primary purpose of the temporary outside | 11 | | sign is to highlight, promote, or
advertise the product.
In | 12 | | addition, temporary outside signs provided by the | 13 | | manufacturer to
the distributor or importing distributor | 14 | | may also include, for example, subject
to the limitations | 15 | | of this Section, preprinted community goodwill | 16 | | expressions,
sporting event announcements, seasonal | 17 | | messages, and manufacturer promotional
announcements. | 18 | | However, a distributor or importing distributor shall not | 19 | | bear
the cost of such manufacturer preprinted signs.
| 20 | | (iii) Permanent inside
signs, whether visible from the | 21 | | outside or the inside of the premises,
include, but are not | 22 | | limited to: alcohol lists and menus that may include
names, | 23 | | slogans, markings, or logos that relate to the retailer; | 24 | | neons;
illuminated signs; clocks; table lamps; mirrors; | 25 | | tap handles; decalcomanias;
window painting; and window | 26 | | trim. All neons, illuminated signs, clocks, table lamps, |
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| 1 | | mirrors, and tap handles are the property of the | 2 | | manufacturer and shall be returned to the manufacturer or | 3 | | its agent upon request. All permanent inside signs in place
| 4 | | and in use at any one time shall cost in the aggregate not | 5 | | more than $6,000 per
manufacturer. A permanent inside sign | 6 | | must include the
manufacturer's name, brand name, trade | 7 | | name, slogans, markings, trademark, or
other symbol | 8 | | commonly associated with and generally used in identifying
| 9 | | the product. However,
permanent inside signs may not | 10 | | include names, slogans, markings, or logos
that relate to | 11 | | the retailer. For the purpose of this subpart (iii), all
| 12 | | permanent inside signs may be displayed in an adjacent | 13 | | courtyard or patio
commonly referred to as a "beer garden" | 14 | | that is a part of the retailer's
licensed premises.
| 15 | | (iv) Temporary inside signs shall include, but are not | 16 | | limited to, lighted
chalk boards, acrylic table tent | 17 | | beverage or hors d'oeuvre list holders,
banners, flags, | 18 | | pennants, streamers, and inside advertising materials such | 19 | | as
posters, placards, bowling sheets, table tents, inserts | 20 | | for acrylic table tent
beverage or hors d'oeuvre list | 21 | | holders, sports schedules,
or similar printed or | 22 | | illustrated materials and product displays, such as | 23 | | display racks, bins, barrels, or similar items, the primary | 24 | | function of which is to temporarily hold and display | 25 | | alcoholic beverages; however, such items, for example,
as | 26 | | coasters, trays, napkins, glassware , growlers, crowlers, |
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| 1 | | and cups shall not be deemed to be
inside signs or | 2 | | advertising materials and may only be sold to retailers at | 3 | | fair market value, which shall be no less than the cost of | 4 | | the item to the manufacturer, distributor, or importing | 5 | | distributor. All
temporary inside signs and inside | 6 | | advertising materials in place and in use at
any one time | 7 | | shall cost in the aggregate not more than $1,000 per | 8 | | manufacturer.
Nothing in this subpart (iv) prohibits a | 9 | | distributor or importing distributor
from paying the cost | 10 | | of
printing or creating any temporary inside banner or | 11 | | inserts for acrylic table
tent beverage or hors d'oeuvre | 12 | | list holders for a retail licensee, provided
that the | 13 | | primary purpose for the banner or insert is to highlight, | 14 | | promote, or
advertise the product. For the purpose of this | 15 | | subpart (iv), all temporary
inside signs and inside | 16 | | advertising materials may be displayed in an adjacent
| 17 | | courtyard or patio commonly referred to as a "beer garden" | 18 | | that is a part of
the retailer's licensed premises.
| 19 | | The restrictions contained in this Section 6-6 do not apply | 20 | | to signs, or
promotional or advertising materials furnished by | 21 | | manufacturers, distributors
or importing distributors to a | 22 | | government owned or operated facility holding
a retailer's | 23 | | license as described in Section 6-5.
| 24 | | No distributor or importing distributor shall directly or | 25 | | indirectly
or through a subsidiary or affiliate, or by any | 26 | | officer, director or
firm of such manufacturer, distributor or |
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| 1 | | importing distributor,
furnish, give, lend or rent, install, | 2 | | repair or maintain, to or for any
retail licensee in this | 3 | | State, any signs or
inside advertising materials described in | 4 | | subparts (i), (ii), (iii), or (iv)
of this Section except as | 5 | | the agent for or on behalf of a manufacturer,
provided that the | 6 | | total cost of any signs and inside advertising materials
| 7 | | including but not limited to labor, erection, installation and | 8 | | permit fees
shall be paid by the manufacturer whose product or | 9 | | products said signs
and inside advertising materials advertise | 10 | | and except as follows:
| 11 | | A distributor or importing distributor may purchase from or | 12 | | enter into a
written agreement with a manufacturer or a | 13 | | manufacturer's designated supplier
and such manufacturer or | 14 | | the manufacturer's designated supplier may sell or
enter into | 15 | | an agreement to sell to a distributor or importing distributor
| 16 | | permitted signs and advertising materials described in | 17 | | subparts (ii), (iii), or
(iv) of this Section for the purpose | 18 | | of furnishing, giving, lending, renting,
installing, | 19 | | repairing, or maintaining such signs or advertising materials | 20 | | to or
for any retail licensee in this State. Any purchase by a | 21 | | distributor or
importing distributor from a manufacturer or a | 22 | | manufacturer's designated
supplier shall be voluntary and the | 23 | | manufacturer may not require the
distributor or the importing | 24 | | distributor to purchase signs or advertising
materials from the | 25 | | manufacturer or the manufacturer's designated supplier.
| 26 | | A distributor or importing distributor shall be deemed the |
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| 1 | | owner of such
signs or advertising materials purchased from a | 2 | | manufacturer or
a manufacturer's designated supplier.
| 3 | | The provisions of Public Act 90-373
concerning signs or | 4 | | advertising materials delivered by a manufacturer to a
| 5 | | distributor or importing distributor shall apply only to signs | 6 | | or advertising
materials delivered on or after August 14, 1997.
| 7 | | A manufacturer, distributor, or importing distributor may | 8 | | furnish free social media advertising to a retail licensee if | 9 | | the social media advertisement does not contain the retail | 10 | | price of any alcoholic liquor and the social media | 11 | | advertisement complies with any applicable rules or | 12 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 13 | | Bureau of the United States Department of the Treasury. A | 14 | | manufacturer, distributor, or importing distributor may list | 15 | | the names of one or more unaffiliated retailers in the | 16 | | advertisement of alcoholic liquor through social media. | 17 | | Nothing in this Section shall prohibit a retailer from | 18 | | communicating with a manufacturer, distributor, or importing | 19 | | distributor on social media or sharing media on the social | 20 | | media of a manufacturer, distributor, or importing | 21 | | distributor. A retailer may request free social media | 22 | | advertising from a manufacturer, distributor, or importing | 23 | | distributor. Nothing in this Section shall prohibit a | 24 | | manufacturer, distributor, or importing distributor from | 25 | | sharing, reposting, or otherwise forwarding a social media post | 26 | | by a retail licensee, so long as the sharing, reposting, or |
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| 1 | | forwarding of the social media post does not contain the retail | 2 | | price of any alcoholic liquor. No manufacturer, distributor, or | 3 | | importing distributor shall pay or reimburse a retailer, | 4 | | directly or indirectly, for any social media advertising | 5 | | services, except as specifically permitted in this Act. No | 6 | | retailer shall accept any payment or reimbursement, directly or | 7 | | indirectly, for any social media advertising services offered | 8 | | by a manufacturer, distributor, or importing distributor, | 9 | | except as specifically permitted in this Act. For the purposes | 10 | | of this Section, "social media" means a service, platform, or | 11 | | site where users communicate with one another and share media, | 12 | | such as pictures, videos, music, and blogs, with other users | 13 | | free of charge. | 14 | | No person engaged in the business of manufacturing, | 15 | | importing or
distributing alcoholic liquors shall, directly or | 16 | | indirectly, pay for,
or advance, furnish, or lend money for the | 17 | | payment of any license for
another. Any licensee who shall | 18 | | permit or assent, or be a party in any
way to any violation or | 19 | | infringement of the provisions of this Section
shall be deemed | 20 | | guilty of a violation of this Act, and any money loaned
| 21 | | contrary to a provision of this Act shall not be recovered | 22 | | back, or any
note, mortgage or other evidence of indebtedness, | 23 | | or security, or any
lease or contract obtained or made contrary | 24 | | to this Act shall be
unenforceable and void.
| 25 | | This Section shall not apply to airplane licensees | 26 | | exercising powers
provided in paragraph (i) of Section 5-1 of |
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| 1 | | this Act.
| 2 | | (Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)
| 3 | | (235 ILCS 5/6-6.5)
| 4 | | Sec. 6-6.5. Sanitation and use of growlers and crowlers . | 5 | | (a) A manufacturer, distributor, or importing
distributor | 6 | | may not provide for free, but may sell coil cleaning services | 7 | | and installation services, including labor costs, to a retail | 8 | | licensee at fair market
cost.
| 9 | | A manufacturer, distributor, or importing distributor may | 10 | | not provide for free, but may sell dispensing
accessories to | 11 | | retail licensees at a price not less than the cost to the
| 12 | | manufacturer, distributor, or importing distributor who | 13 | | initially purchased
them. Dispensing accessories include, but | 14 | | are not limited to, items such as
standards, faucets, cold | 15 | | plates, rods, vents, taps, tap standards, hoses,
washers, | 16 | | couplings, gas gauges, vent tongues, shanks, glycol draught | 17 | | systems, pumps, and check valves.
| 18 | | Coil cleaning supplies
consisting of detergents, cleaning | 19 | | chemicals, brushes, or similar type cleaning
devices may be | 20 | | sold at a price not less than the cost to the manufacturer,
| 21 | | distributor, or importing distributor.
| 22 | | (a-5) A manufacturer of beer licensed under subsection (e) | 23 | | of Section 6-4 or a brew pub may
transfer any beer manufactured | 24 | | or sold on its licensed premises to a growler or crowler and | 25 | | sell those growlers or crowlers to non-licensees for |
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| 1 | | consumption off the premises. A manufacturer of beer under | 2 | | subsection (e) of Section 6-4 or a brew pub is not subject to | 3 | | subsection (b) of this Section. | 4 | | (b) An on-premises retail licensee may transfer beer to a | 5 | | growler or crowler, which is not an original manufacturer | 6 | | container, but is a reusable rigid container that holds up to | 7 | | 128 fluid ounces of beer and is designed to be sealed on | 8 | | premises by the licensee for off-premises consumption, if the | 9 | | following requirements are met: | 10 | | (1) the beer is transferred within the licensed | 11 | | premises by an employee of the licensed premises at the | 12 | | time of sale; | 13 | | (2) the person transferring the alcohol to be sold to | 14 | | the end consumer is 21 years of age or older; | 15 | | (3) the growler or crowler holds no more than 128 fluid | 16 | | ounces; | 17 | | (4) the growler or crowler bears a twist-type closure, | 18 | | cork, stopper, or plug and includes a one-time use | 19 | | tamper-proof seal; | 20 | | (5) the growler or crowler is affixed with a label or | 21 | | tag that contains the following information: | 22 | | (A) the brand name of the product dispensed; | 23 | | (B) the name of the brewer or bottler; | 24 | | (C) the type of product, such as beer, ale, lager, | 25 | | bock, stout, or other brewed or fermented beverage; | 26 | | (D) the net contents; |
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| 1 | | (E) the name and address of the business that | 2 | | cleaned, sanitized, labeled, and filled or refilled | 3 | | the growler or crowler; and | 4 | | (F) the date the growler or crowler was filled or | 5 | | refilled; | 6 | | (5.5) the growler or crowler has been purged with CO 2 | 7 | | prior to sealing the container; | 8 | | (6) the on-premises retail licensee complies with the | 9 | | sanitation requirements under subsections (a) through (c) | 10 | | of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing | 11 | | equipment used to draw beer to fill the growler or crowler | 12 | | or refill the growler; | 13 | | (7) before filling the growler or crowler or refilling | 14 | | the growler, the on-premises retail licensee or licensee's | 15 | | employee shall clean and sanitize the growler or crowler in | 16 | | one of the following manners: | 17 | | (A) By manual washing in a 3-compartment sink. | 18 | | (i) Before sanitizing the growler or crowler, | 19 | | the sinks and work area shall be cleaned to remove | 20 | | any chemicals, oils, or grease from other cleaning | 21 | | activities. | 22 | | (ii) Any residual liquid from the growler | 23 | | shall be emptied into a drain. A growler shall not | 24 | | be emptied into the cleaning water. | 25 | | (iii) The growler and cap shall be cleaned in | 26 | | water and detergent. The water temperature shall |
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| 1 | | be, at a minimum, 110 degrees Fahrenheit or the | 2 | | temperature specified on the cleaning agent | 3 | | manufacturer's label instructions. The detergent | 4 | | shall not be fat-based or oil-based. | 5 | | (iv) Any residues on the interior and exterior | 6 | | of the growler shall be removed. | 7 | | (v) The growler and cap shall be rinsed with | 8 | | water in the middle compartment. Rinsing may be | 9 | | from the spigot with a spray arm, from a spigot, or | 10 | | from a tub as long as the water for rinsing is not | 11 | | stagnant but is continually refreshed. | 12 | | (vi) The growler shall be sanitized in the | 13 | | third compartment. Chemical sanitizer shall be | 14 | | used in accordance with the United States | 15 | | Environmental Protection Agency-registered label | 16 | | use instructions and shall meet the minimum water | 17 | | temperature requirements of that chemical. | 18 | | (vii) A test kit or other device that | 19 | | accurately measures the concentration in | 20 | | milligrams per liter of chemical sanitizing | 21 | | solutions shall be provided and be readily | 22 | | accessible for use. | 23 | | (B) By using a mechanical washing and sanitizing | 24 | | machine. | 25 | | (i) Mechanical washing and sanitizing machines | 26 | | shall be provided with an easily accessible and |
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| 1 | | readable data plate affixed to the machine by the | 2 | | manufacturer and shall be used according to the | 3 | | machine's design and operation specifications. | 4 | | (ii) Mechanical washing and sanitizing | 5 | | machines shall be equipped with chemical or hot | 6 | | water sanitization. | 7 | | (iii) The concentration of the sanitizing | 8 | | solution or the water temperature shall be | 9 | | accurately determined by using a test kit or other | 10 | | device. | 11 | | (iv) The machine shall be regularly serviced | 12 | | based upon the manufacturer's or installer's | 13 | | guidelines. | 14 | | (C) By transferring beer to a growler or crowler | 15 | | with a tube. | 16 | | (i) Beer may be transferred to a growler or | 17 | | crowler from the bottom of the growler or crowler | 18 | | to the top with a tube that is attached to the tap | 19 | | and extends to the bottom of the growler or crowler | 20 | | or with a commercial filling machine. | 21 | | (ii) Food grade sanitizer shall be used in | 22 | | accordance with the United States Environmental | 23 | | Protection Agency-registered label use | 24 | | instructions. | 25 | | (iii) A container of liquid food grade | 26 | | sanitizer shall be maintained for no more than 10 |
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| 1 | | malt beverage taps that will be used for filling | 2 | | growlers or crowlers and refilling growlers. | 3 | | (iv) Each container shall contain no less than | 4 | | 5 tubes that will be used only for filling growlers | 5 | | or crowlers and refilling growlers. | 6 | | (v) The growler or crowler must be inspected | 7 | | visually for contamination. | 8 | | (vi) After each transfer of beer to a growler | 9 | | or crowler, the tube shall be immersed in the | 10 | | container with the liquid food grade sanitizer. | 11 | | (vii) A different tube from the container must | 12 | | be used for each fill of a growler or crowler or | 13 | | refill of a growler. | 14 | | (c) Growlers and crowlers that comply with items (4) and | 15 | | (5) of subsection (b) shall not be deemed an unsealed container | 16 | | for purposes of Section 11-502 of the Illinois Vehicle Code. | 17 | | (d) Growlers and crowlers, as described and authorized | 18 | | under this Section, are not original packages for the purposes | 19 | | of this Act. Upon a consumer taking possession of a growler or | 20 | | crowler from an on-premises retail licensee, the growler or | 21 | | crowler and its contents are deemed to be in the sole custody, | 22 | | control, and care of the consumer. | 23 | | (Source: P.A. 90-432, eff. 1-1-98.)
| 24 | | Section 10. The Illinois Vehicle Code is amended by | 25 | | changing Section 11-502 as follows:
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| 1 | | (625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
| 2 | | Sec. 11-502. Transportation or possession of alcoholic | 3 | | liquor in
a motor vehicle. | 4 | | (a) Except as provided in paragraph (c) and in Sections | 5 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no driver may
| 6 | | transport, carry, possess or have any alcoholic
liquor within | 7 | | the passenger area of any motor vehicle upon a highway in
this | 8 | | State except in the original container and with the seal | 9 | | unbroken.
| 10 | | (b) Except as provided in paragraph (c) and in Sections | 11 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no passenger | 12 | | may carry, possess
or have any alcoholic liquor within any | 13 | | passenger area of any motor vehicle
upon a highway in this | 14 | | State except in the original container and with the
seal | 15 | | unbroken.
| 16 | | (c) This Section shall not apply to the passengers in a | 17 | | limousine when
it is being used for purposes for which a | 18 | | limousine is ordinarily used,
the passengers on a chartered bus | 19 | | when it is being used for purposes for
which chartered buses | 20 | | are ordinarily used or on a motor home or mini motor
home as | 21 | | defined in Section 1-145.01 of this Code. However, the driver | 22 | | of
any such vehicle is prohibited from consuming or having any | 23 | | alcoholic
liquor in or about the driver's area. Any evidence of | 24 | | alcoholic consumption
by the driver shall be prima facie | 25 | | evidence of such driver's failure to
obey this Section. For the |
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| 1 | | purposes of this Section, a limousine is a motor
vehicle of the | 2 | | first division with the passenger compartment enclosed by a
| 3 | | partition or dividing window used in the for-hire | 4 | | transportation of
passengers and operated by an individual in | 5 | | possession of a valid Illinois
driver's license of the | 6 | | appropriate classification pursuant to Section 6-104
of this | 7 | | Code.
| 8 | | (d) (Blank).
| 9 | | (e) Any driver who is convicted of violating subsection (a) | 10 | | of this
Section for a second or subsequent time within one year | 11 | | of a similar
conviction shall be subject to suspension of | 12 | | driving privileges as
provided, in paragraph 23 of subsection | 13 | | (a) of Section 6-206 of this Code.
| 14 | | (f) Any driver, who is less than 21 years of age at the | 15 | | date of the
offense and who is convicted of violating | 16 | | subsection (a) of this Section or a
similar provision of a | 17 | | local ordinance, shall be subject to the loss of driving
| 18 | | privileges as provided in paragraph 13 of subsection (a) of | 19 | | Section 6-205 of
this Code and paragraph 33 of subsection (a) | 20 | | of Section 6-206 of this Code.
| 21 | | (Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)".
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