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91_HB2003
LRB9102079LDmb
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 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 Section 6-16 as follows:
7 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
8 Sec. 6-16. Prohibited sales and possession.
9 (a) (i) No licensee nor any officer, associate, member,
10 representative, agent, or employee of such licensee shall
11 sell, give, or deliver alcoholic liquor to any person under
12 the age of 21 years or to any intoxicated person, except as
13 provided in Section 6-16.1. (ii) No express company, common
14 carrier, or contract carrier that carries or transports
15 alcoholic liquor for delivery within this State shall
16 knowingly give or knowingly deliver to a residential address
17 any shipping container clearly labeled as containing
18 alcoholic liquor and labeled as requiring signature of an
19 adult of at least 21 years of age to any person in this State
20 under the age of 21 years. An express company, common
21 carrier, or contract carrier that carries or transports such
22 alcoholic liquor for delivery within this State shall obtain
23 a signature acknowledging receipt of the alcoholic liquor by
24 an adult who is at least 21 years of age. (iii) No person,
25 after purchasing or otherwise obtaining alcoholic liquor,
26 shall sell, give, or deliver such alcoholic liquor to another
27 person under the age of 21 years, except in the performance
28 of a religious ceremony or service. Any person who violates
29 the provisions of item (i), (ii), or (iii) of this paragraph
30 of this subsection (a) is guilty of a Class A misdemeanor and
31 the person's sentence shall include, but shall not be limited
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1 to, a fine of not less than $500.
2 If a licensee or officer, associate, member,
3 representative, agent, or employee of the licensee, or a
4 representative, agent, or employee of an express company,
5 common carrier, or contract carrier that carries or
6 transports alcoholic liquor for delivery within this State,
7 is prosecuted under this paragraph of this subsection (a) for
8 selling, giving, or delivering alcoholic liquor to a person
9 under the age of 21 years, the person under 21 years of age
10 who attempted to buy or receive the alcoholic liquor may be
11 prosecuted pursuant to Section 6-20 of this Act, unless the
12 person under 21 years of age was acting under the authority
13 of a law enforcement agency, the Illinois Liquor Control
14 Commission, or a local liquor control commissioner pursuant
15 to a plan or action to investigate, patrol, or conduct any
16 similar enforcement action.
17 For the purpose of preventing the violation of this
18 Section, any licensee, or his agent or employee, or a
19 representative, agent, or employee of an express company,
20 common carrier, or contract carrier that carries or
21 transports alcoholic liquor for delivery within this State,
22 may refuse to sell, deliver, or serve alcoholic beverages to
23 any person who is unable to produce adequate written evidence
24 of identity and of the fact that he or she is at least 27
25 years of age over the age of 21 years.
26 No person shall sell, give, or deliver alcoholic liquor
27 to any person under 27 years of age without first demanding
28 proof of identification through adequate written evidence of
29 age and identity. Adequate written evidence of age and
30 identity of the person is a document issued by a federal,
31 state, county, or municipal government, or subdivision or
32 agency thereof, including, but not limited to, a motor
33 vehicle operator's license, a registration certificate issued
34 under the Federal Selective Service Act, or an identification
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1 card issued to a member of the Armed Forces. Proof that the
2 defendant-licensee, or his employee or agent, or the
3 representative, agent, or employee of the express company,
4 common carrier, or contract carrier that carries or
5 transports alcoholic liquor for delivery within this State
6 demanded, was shown and reasonably relied upon such written
7 evidence in any transaction forbidden by this Section is an
8 affirmative defense in any criminal prosecution therefor or
9 to any proceedings for the suspension or revocation of any
10 license based thereon. It shall not, however, be an
11 affirmative defense if the agent or employee accepted the
12 written evidence knowing it to be false or fraudulent. If a
13 false or fraudulent Illinois driver's license or Illinois
14 identification card is presented by a person less than 21
15 years of age to a licensee or the licensee's agent or
16 employee for the purpose of ordering, purchasing, attempting
17 to purchase, or otherwise obtaining or attempting to obtain
18 the serving of any alcoholic beverage, the law enforcement
19 officer or agency investigating the incident shall, upon the
20 conviction of the person who presented the fraudulent license
21 or identification, make a report of the matter to the
22 Secretary of State on a form provided by the Secretary of
23 State.
24 However, no agent or employee of the licensee shall be
25 disciplined or discharged for selling or furnishing liquor to
26 a person under 21 years of age if the agent or employee
27 demanded and was shown, before furnishing liquor to a person
28 under 21 years of age, adequate written evidence of age and
29 identity of the person issued by a federal, state, county or
30 municipal government, or subdivision or agency thereof,
31 including but not limited to a motor vehicle operator's
32 license, a registration certificate issued under the Federal
33 Selective Service Act, or an identification card issued to a
34 member of the Armed Forces. This paragraph, however, shall
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1 not apply if the agent or employee accepted the written
2 evidence knowing it to be false or fraudulent.
3 Any person who sells, gives, or furnishes to any person
4 under the age of 21 years any false or fraudulent written,
5 printed, or photostatic evidence of the age and identity of
6 such person or who sells, gives or furnishes to any person
7 under the age of 21 years evidence of age and identification
8 of any other person is guilty of a Class A misdemeanor and
9 the person's sentence shall include, but shall not be limited
10 to, a fine of not less than $500.
11 Any person under the age of 21 years who presents or
12 offers to any licensee, his agent or employee, any written,
13 printed or photostatic evidence of age and identity that is
14 false, fraudulent, or not actually his or her own for the
15 purpose of ordering, purchasing, attempting to purchase or
16 otherwise procuring or attempting to procure, the serving of
17 any alcoholic beverage, who falsely states in writing that he
18 or she is at least 21 years of age when receiving alcoholic
19 liquor from a representative, agent, or employee of an
20 express company, common carrier, or contract carrier, or who
21 has in his or her possession any false or fraudulent written,
22 printed, or photostatic evidence of age and identity, is
23 guilty of a Class A misdemeanor and the person's sentence
24 shall include, but shall not be limited to, the following: a
25 fine of not less than $500 and at least 25 hours of community
26 service. If possible, any community service shall be
27 performed for an alcohol abuse prevention program.
28 Any person under the age of 21 years who has any
29 alcoholic beverage in his or her possession on any street or
30 highway or in any public place or in any place open to the
31 public is guilty of a Class A misdemeanor. This Section does
32 not apply to possession by a person under the age of 21 years
33 making a delivery of an alcoholic beverage in pursuance of
34 the order of his or her parent or in pursuance of his or her
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1 employment.
2 (a-1) It is unlawful for any parent or guardian to
3 permit his or her residence to be used by an invitee of the
4 parent's child or the guardian's ward, if the invitee is
5 under the age of 21, in a manner that constitutes a violation
6 of this Section. A parent or guardian is deemed to have
7 permitted his or her residence to be used in violation of
8 this Section if he or she knowingly authorizes, enables, or
9 permits such use to occur by failing to control access to
10 either the residence or the alcoholic liquor maintained in
11 the residence. Any person who violates this subsection (a-1)
12 is guilty of a Class A misdemeanor and the person's sentence
13 shall include, but shall not be limited to, a fine of not
14 less than $500. Nothing in this subsection (a-1) shall be
15 construed to prohibit the giving of alcoholic liquor to a
16 person under the age of 21 years in the performance of a
17 religious ceremony or service.
18 (b) Except as otherwise provided in this Section whoever
19 violates this Section shall, in addition to other penalties
20 provided for in this Act, be guilty of a Class A misdemeanor.
21 (c) Any person shall be guilty of a Class A misdemeanor
22 where he or she knowingly permits a gathering at a residence
23 which he or she occupies of two or more persons where any one
24 or more of the persons is under 21 years of age and the
25 following factors also apply:
26 (1) the person occupying the residence knows that
27 any such person under the age of 21 is in possession of
28 or is consuming any alcoholic beverage; and
29 (2) the possession or consumption of the alcohol by
30 the person under 21 is not otherwise permitted by this
31 Act; and
32 (3) the person occupying the residence knows that
33 the person under the age of 21 leaves the residence in an
34 intoxicated condition.
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1 For the purposes of this subsection (c) where the
2 residence has an owner and a tenant or lessee, there is a
3 rebuttable presumption that the residence is occupied only by
4 the tenant or lessee.
5 (d) Any person who rents a hotel or motel room from the
6 proprietor or agent thereof for the purpose of or with the
7 knowledge that such room shall be used for the consumption of
8 alcoholic liquor by persons under the age of 21 years shall
9 be guilty of a Class A misdemeanor.
10 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
11 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff.
12 8-13-98.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.