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91_HB2002
LRB9102081LDmb
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 1-3.04, 1-3.05, and 6-16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Sections 1-3.04, 1-3.05, and 6-16 as follows:
7 (235 ILCS 5/1-3.04) (from Ch. 43, par. 95.04)
8 Sec. 1-3.04. "Beer" means a beverage obtained by the
9 alcoholic fermentation of an infusion or concoction of
10 barley, or other grain, malt, and hops in water, and
11 includes, among other things, beer, ale, stout, lager beer,
12 porter and the like. In this Act, "beer" does not include
13 non-alcoholic beer.
14 "Non-alcoholic beer" means a beverage that contains less
15 than 0.5% of alcohol by volume and that is labeled or
16 packaged as "non-alcoholic malt beverage", "non-alcoholic
17 brew", "non-alcoholic beer", "near beer", or a similar term
18 indicating that the beverage is similar to beer but has less
19 than 0.5% of alcohol by volume.
20 (Source: P.A. 82-783.)
21 (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
22 Sec. 1-3.05. "Alcoholic liquor" includes alcohol,
23 spirits, wine and beer, and every liquid or solid, patented
24 or not, containing alcohol, spirits, wine or beer, and
25 capable of being consumed as a beverage by a human being. The
26 provisions of this Act shall not apply to alcohol used in the
27 manufacture of denatured alcohol produced in accordance with
28 Acts of Congress and regulations promulgated thereunder.
29 Except for the provisions regarding non-alcoholic beer in
30 Section 6-16, this Act does not apply , nor to any liquid or
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1 solid containing one-half of one per cent, or less, of
2 alcohol by volume. No tax provided for in Article VIII of
3 this Act shall apply to wine intended for use and used by any
4 church or religious organization for sacramental purposes,
5 provided that such wine shall be purchased from a licensed
6 manufacturer or importing distributor under this Act.
7 (Source: P.A. 82-783.)
8 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
9 Sec. 6-16. Prohibited sales and possession.
10 (a) (i) No licensee nor any officer, associate, member,
11 representative, agent, or employee of such licensee shall
12 sell, give, or deliver alcoholic liquor or non-alcoholic beer
13 to any person under the age of 21 years or to any
14 intoxicated person, except as provided in Section 6-16.1.
15 (ii) No express company, common carrier, or contract carrier
16 that carries or transports alcoholic liquor or non-alcoholic
17 beer for delivery within this State shall knowingly give or
18 knowingly deliver to a residential address any shipping
19 container clearly labeled as containing alcoholic liquor or
20 non-alcoholic beer and labeled as requiring signature of an
21 adult of at least 21 years of age to any person in this State
22 under the age of 21 years. An express company, common
23 carrier, or contract carrier that carries or transports such
24 alcoholic liquor or non-alcoholic beer for delivery within
25 this State shall obtain a signature acknowledging receipt of
26 the alcoholic liquor or non-alcoholic beer by an adult who is
27 at least 21 years of age. (iii) No person, after purchasing
28 or otherwise obtaining alcoholic liquor or non-alcoholic beer
29 , shall sell, give, or deliver such alcoholic liquor or
30 non-alcoholic beer to another person under the age of 21
31 years, except in the performance of a religious ceremony or
32 service. Any person who violates the provisions of item (i),
33 (ii), or (iii) of this paragraph of this subsection (a) is
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1 guilty of a Class A misdemeanor and the person's sentence
2 shall include, but shall not be limited to, a fine of not
3 less than $500.
4 If a licensee or officer, associate, member,
5 representative, agent, or employee of the licensee, or a
6 representative, agent, or employee of an express company,
7 common carrier, or contract carrier that carries or
8 transports alcoholic liquor or non-alcoholic beer for
9 delivery within this State, is prosecuted under this
10 paragraph of this subsection (a) for selling, giving, or
11 delivering alcoholic liquor or non-alcoholic beer to a person
12 under the age of 21 years, the person under 21 years of age
13 who attempted to buy or receive the alcoholic liquor or
14 non-alcoholic beer may be prosecuted pursuant to Section 6-20
15 of this Act, unless the person under 21 years of age was
16 acting under the authority of a law enforcement agency, the
17 Illinois Liquor Control Commission, or a local liquor control
18 commissioner pursuant to a plan or action to investigate,
19 patrol, or conduct any similar enforcement action.
20 For the purpose of preventing the violation of this
21 Section, any licensee, or his agent or employee, or a
22 representative, agent, or employee of an express company,
23 common carrier, or contract carrier that carries or
24 transports alcoholic liquor or non-alcoholic beer for
25 delivery within this State, may refuse to sell, deliver, or
26 serve alcoholic beverages or non-alcoholic beer to any person
27 who is unable to produce adequate written evidence of
28 identity and of the fact that he or she is over the age of 21
29 years.
30 Adequate written evidence of age and identity of the
31 person is a document issued by a federal, state, county, or
32 municipal government, or subdivision or agency thereof,
33 including, but not limited to, a motor vehicle operator's
34 license, a registration certificate issued under the Federal
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1 Selective Service Act, or an identification card issued to a
2 member of the Armed Forces. Proof that the
3 defendant-licensee, or his employee or agent, or the
4 representative, agent, or employee of the express company,
5 common carrier, or contract carrier that carries or
6 transports alcoholic liquor or non-alcoholic beer for
7 delivery within this State demanded, was shown and reasonably
8 relied upon such written evidence in any transaction
9 forbidden by this Section is an affirmative defense in any
10 criminal prosecution therefor or to any proceedings for the
11 suspension or revocation of any license based thereon. It
12 shall not, however, be an affirmative defense if the agent or
13 employee accepted the written evidence knowing it to be false
14 or fraudulent. If a false or fraudulent Illinois driver's
15 license or Illinois identification card is presented by a
16 person less than 21 years of age to a licensee or the
17 licensee's agent or employee for the purpose of ordering,
18 purchasing, attempting to purchase, or otherwise obtaining or
19 attempting to obtain the serving of any alcoholic beverage or
20 non-alcoholic beer, the law enforcement officer or agency
21 investigating the incident shall, upon the conviction of the
22 person who presented the fraudulent license or
23 identification, make a report of the matter to the Secretary
24 of State on a form provided by the Secretary of State.
25 However, no agent or employee of the licensee shall be
26 disciplined or discharged for selling or furnishing liquor to
27 a person under 21 years of age if the agent or employee
28 demanded and was shown, before furnishing liquor to a person
29 under 21 years of age, adequate written evidence of age and
30 identity of the person issued by a federal, state, county or
31 municipal government, or subdivision or agency thereof,
32 including but not limited to a motor vehicle operator's
33 license, a registration certificate issued under the Federal
34 Selective Service Act, or an identification card issued to a
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1 member of the Armed Forces. This paragraph, however, shall
2 not apply if the agent or employee accepted the written
3 evidence knowing it to be false or fraudulent.
4 Any person who sells, gives, or furnishes to any person
5 under the age of 21 years any false or fraudulent written,
6 printed, or photostatic evidence of the age and identity of
7 such person or who sells, gives or furnishes to any person
8 under the age of 21 years evidence of age and identification
9 of any other person is guilty of a Class A misdemeanor and
10 the person's sentence shall include, but shall not be limited
11 to, a fine of not less than $500.
12 Any person under the age of 21 years who presents or
13 offers to any licensee, his agent or employee, any written,
14 printed or photostatic evidence of age and identity that is
15 false, fraudulent, or not actually his or her own for the
16 purpose of ordering, purchasing, attempting to purchase or
17 otherwise procuring or attempting to procure, the serving of
18 any alcoholic beverage or non-alcoholic beer, who falsely
19 states in writing that he or she is at least 21 years of age
20 when receiving alcoholic liquor or non-alcoholic beer from a
21 representative, agent, or employee of an express company,
22 common carrier, or contract carrier, or who has in his or her
23 possession any false or fraudulent written, printed, or
24 photostatic evidence of age and identity, is guilty of a
25 Class A misdemeanor and the person's sentence shall include,
26 but shall not be limited to, the following: a fine of not
27 less than $500 and at least 25 hours of community service.
28 If possible, any community service shall be performed for an
29 alcohol abuse prevention program.
30 Any person under the age of 21 years who has any
31 alcoholic beverage or non-alcoholic beer in his or her
32 possession on any street or highway or in any public place or
33 in any place open to the public is guilty of a Class A
34 misdemeanor. This Section does not apply to possession by a
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1 person under the age of 21 years making a delivery of an
2 alcoholic beverage or non-alcoholic beer in pursuance of the
3 order of his or her parent or in pursuance of his or her
4 employment.
5 (a-1) It is unlawful for any parent or guardian to
6 permit his or her residence to be used by an invitee of the
7 parent's child or the guardian's ward, if the invitee is
8 under the age of 21, in a manner that constitutes a violation
9 of this Section. A parent or guardian is deemed to have
10 permitted his or her residence to be used in violation of
11 this Section if he or she knowingly authorizes, enables, or
12 permits such use to occur by failing to control access to
13 either the residence or the alcoholic liquor or non-alcoholic
14 beer maintained in the residence. Any person who violates
15 this subsection (a-1) is guilty of a Class A misdemeanor and
16 the person's sentence shall include, but shall not be limited
17 to, a fine of not less than $500. Nothing in this subsection
18 (a-1) shall be construed to prohibit the giving of alcoholic
19 liquor or non-alcoholic beer to a person under the age of 21
20 years in the performance of a religious ceremony or service.
21 (b) Except as otherwise provided in this Section whoever
22 violates this Section shall, in addition to other penalties
23 provided for in this Act, be guilty of a Class A misdemeanor.
24 (c) Any person shall be guilty of a Class A misdemeanor
25 where he or she knowingly permits a gathering at a residence
26 which he or she occupies of two or more persons where any one
27 or more of the persons is under 21 years of age and the
28 following factors also apply:
29 (1) the person occupying the residence knows that
30 any such person under the age of 21 is in possession of
31 or is consuming any alcoholic beverage or non-alcoholic
32 beer; and
33 (2) the possession or consumption of the alcohol or
34 non-alcoholic beer by the person under 21 is not
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1 otherwise permitted by this Act; and
2 (3) the person occupying the residence knows that
3 the person under the age of 21 leaves the residence in an
4 intoxicated condition.
5 For the purposes of this subsection (c) where the
6 residence has an owner and a tenant or lessee, there is a
7 rebuttable presumption that the residence is occupied only by
8 the tenant or lessee.
9 (d) Any person who rents a hotel or motel room from the
10 proprietor or agent thereof for the purpose of or with the
11 knowledge that such room shall be used for the consumption of
12 alcoholic liquor or non-alcoholic beer by persons under the
13 age of 21 years shall be guilty of a Class A misdemeanor.
14 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
15 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff.
16 8-13-98.)