State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_HB1000

 
                                              LRB9205570LDprA

 1        AN ACT in relation to alcoholic liquor.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Liquor Control Act of 1934 is amended by
 5    changing Sections 6-16 and 8-12 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,
 9    representative,  agent,  or  employee  of such licensee shall
10    sell, give, or deliver alcoholic liquor to any  person  under
11    the  age  of 21 years or to any intoxicated person, except as
12    provided in Section 6-16.1. (ii) No express  company,  common
13    carrier,  or  contract  carrier  that  carries  or transports
14    alcoholic  liquor  for  delivery  within  this  State   shall
15    knowingly  give or knowingly deliver to a residential address
16    any  shipping  container  clearly   labeled   as   containing
17    alcoholic  liquor  and  labeled  as requiring signature of an
18    adult of at least 21 years of age to any person in this State
19    under the age  of  21  years.   An  express  company,  common
20    carrier,  or contract carrier that carries or transports such
21    alcoholic liquor for delivery within this State shall  obtain
22    a signature at the time of the delivery acknowledging receipt
23    of  the alcoholic liquor by an adult who is at least 21 years
24    of age.  At no  time  while  delivering  alcoholic  beverages
25    within  this State may any representative, agent, or employee
26    of an express company, common carrier,  or  contract  carrier
27    that  carries  or  transports  alcoholic  liquor for delivery
28    within  this  State  deliver  the  alcoholic  liquor   to   a
29    residential   address   without  the  acknowledgment  of  the
30    consignee and without first obtaining a signature at the time
31    of the delivery by an adult who is at least 21 years of  age.
 
                            -2-               LRB9205570LDprA
 1    A  signature  of  a  person on file with the express company,
 2    common carrier,  or  contract  carrier  does  not  constitute
 3    acknowledgement  of  the  consignee.  Any person who violates
 4    this item (ii) of this subsection (a) by delivering alcoholic
 5    liquor without  the  acknowledgement  of  the  consignee  and
 6    without  first  obtaining  a  signature  at  the  time of the
 7    delivery by an adult who is at  least  21  years  of  age  is
 8    guilty  of  a  business offense for which the person shall be
 9    fined not more than $1,001 for a first offense, not more than
10    $5,000 for a second offense, and not more than $10,000 for  a
11    third  or  subsequent  offense.   Each  shipment of alcoholic
12    liquor delivered in violation  of  this  item  (ii)  of  this
13    subsection  (a)  constitutes  a  separate  offense.  (iii) No
14    person, after purchasing  or  otherwise  obtaining  alcoholic
15    liquor, shall sell, give, or deliver such alcoholic liquor to
16    another  person  under  the  age  of  21 years, except in the
17    performance of a religious ceremony or service.    Except  as
18    otherwise  provided in item (ii), any person who violates the
19    provisions of item (i), (ii), or (iii) of this  paragraph  of
20    this  subsection  (a)  is guilty of a Class A misdemeanor and
21    the person's sentence shall include, but shall not be limited
22    to, a fine of not less than $500.
23        If   a   licensee   or   officer,   associate,    member,
24    representative,  agent,  or  employee  of  the licensee, or a
25    representative, agent, or employee  of  an  express  company,
26    common   carrier,   or   contract  carrier  that  carries  or
27    transports alcoholic liquor for delivery within  this  State,
28    is prosecuted under this paragraph of this subsection (a) for
29    selling,  giving,  or delivering alcoholic liquor to a person
30    under the age of 21 years, the person under 21 years  of  age
31    who  attempted  to buy or receive the alcoholic liquor may be
32    prosecuted pursuant to Section 6-20 of this Act,  unless  the
33    person  under  21 years of age was acting under the authority
34    of a law enforcement  agency,  the  Illinois  Liquor  Control
 
                            -3-               LRB9205570LDprA
 1    Commission,  or  a local liquor control commissioner pursuant
 2    to a plan or action to investigate, patrol,  or  conduct  any
 3    similar enforcement action.
 4        For  the  purpose  of  preventing  the  violation of this
 5    Section, any  licensee,  or  his  agent  or  employee,  or  a
 6    representative,  agent,  or  employee  of an express company,
 7    common  carrier,  or  contract  carrier   that   carries   or
 8    transports  alcoholic  liquor for delivery within this State,
 9    may refuse to sell, deliver, or serve alcoholic beverages  to
10    any person who is unable to produce adequate written evidence
11    of identity and of the fact that he or she is over the age of
12    21 years.
13        Adequate  written  evidence  of  age  and identity of the
14    person is a document issued by a federal, state,  county,  or
15    municipal  government,  or  subdivision  or  agency  thereof,
16    including,  but  not  limited  to, a motor vehicle operator's
17    license, a registration certificate issued under the  Federal
18    Selective  Service Act, or an identification card issued to a
19    member   of   the   Armed    Forces.     Proof    that    the
20    defendant-licensee,   or   his  employee  or  agent,  or  the
21    representative, agent, or employee of  the  express  company,
22    common   carrier,   or   contract  carrier  that  carries  or
23    transports alcoholic liquor for delivery  within  this  State
24    demanded,  was  shown and reasonably relied upon such written
25    evidence in any transaction forbidden by this Section  is  an
26    affirmative  defense  in any criminal prosecution therefor or
27    to any proceedings for the suspension or  revocation  of  any
28    license  based  thereon.    It  shall  not,  however,  be  an
29    affirmative  defense  if  the  agent or employee accepted the
30    written evidence knowing it to be false or fraudulent.  If  a
31    false  or  fraudulent  Illinois  driver's license or Illinois
32    identification card is presented by a  person  less  than  21
33    years  of  age  to  a  licensee  or  the  licensee's agent or
34    employee for the purpose of ordering, purchasing,  attempting
 
                            -4-               LRB9205570LDprA
 1    to  purchase,  or otherwise obtaining or attempting to obtain
 2    the serving of any alcoholic beverage,  the  law  enforcement
 3    officer  or agency investigating the incident shall, upon the
 4    conviction of the person who presented the fraudulent license
 5    or identification,  make  a  report  of  the  matter  to  the
 6    Secretary  of  State  on  a form provided by the Secretary of
 7    State.
 8        However, no agent or employee of the licensee or employee
 9    of an express company, common carrier,  or  contract  carrier
10    that  carries  or  transports  alcoholic  liquor for delivery
11    within this State shall  be  disciplined  or  discharged  for
12    selling  or  furnishing  liquor to a person under 21 years of
13    age if the agent or employee demanded and was  shown,  before
14    furnishing liquor to a person under 21 years of age, adequate
15    written  evidence of age and identity of the person issued by
16    a  federal,  state,  county  or  municipal   government,   or
17    subdivision or agency thereof, including but not limited to a
18    motor  vehicle operator's license, a registration certificate
19    issued  under  the  Federal  Selective  Service  Act,  or  an
20    identification card issued to a member of the  Armed  Forces.
21    This  paragraph,  however,  shall  not  apply if the agent or
22    employee accepted the written evidence knowing it to be false
23    or fraudulent.
24        Any person who sells, gives, or furnishes to  any  person
25    under  the  age  of 21 years any false or fraudulent written,
26    printed, or photostatic evidence of the age and  identity  of
27    such  person  or  who sells, gives or furnishes to any person
28    under the age of 21 years evidence of age and  identification
29    of  any  other  person is guilty of a Class A misdemeanor and
30    the person's sentence shall include, but shall not be limited
31    to, a fine of not less than $500.
32        Any person under the age of  21  years  who  presents  or
33    offers  to  any licensee, his agent or employee, any written,
34    printed or photostatic evidence of age and identity  that  is
 
                            -5-               LRB9205570LDprA
 1    false,  fraudulent,  or  not  actually his or her own for the
 2    purpose of ordering, purchasing, attempting  to  purchase  or
 3    otherwise  procuring or attempting to procure, the serving of
 4    any alcoholic beverage, who falsely states in writing that he
 5    or she is at least 21 years of age when  receiving  alcoholic
 6    liquor  from  a  representative,  agent,  or  employee  of an
 7    express company, common carrier, or contract carrier, or  who
 8    has in his or her possession any false or fraudulent written,
 9    printed,  or  photostatic  evidence  of  age and identity, is
10    guilty of a Class A misdemeanor  and  the  person's  sentence
11    shall include, but shall not be limited to, the following:  a
12    fine of not less than $500 and at least 25 hours of community
13    service.    If  possible,  any  community  service  shall  be
14    performed for an alcohol abuse prevention program.
15        Any person  under  the  age  of  21  years  who  has  any
16    alcoholic  beverage in his or her possession on any street or
17    highway or in any public place or in any place  open  to  the
18    public is guilty of a Class A misdemeanor.  This Section does
19    not apply to possession by a person under the age of 21 years
20    making  a  delivery  of an alcoholic beverage in pursuance of
21    the order of his or her parent or in pursuance of his or  her
22    employment.
23        (a-1)  It  is  unlawful  for  any  parent  or guardian to
24    permit his or her residence to be used by an invitee  of  the
25    parent's  child  or  the  guardian's  ward, if the invitee is
26    under the age of 21, in a manner that constitutes a violation
27    of this Section.  A parent or  guardian  is  deemed  to  have
28    permitted  his  or  her  residence to be used in violation of
29    this Section if he or she knowingly authorizes,  enables,  or
30    permits  such  use  to  occur by failing to control access to
31    either the residence or the alcoholic  liquor  maintained  in
32    the residence.  Any person who violates this subsection (a-1)
33    is  guilty of a Class A misdemeanor and the person's sentence
34    shall include, but shall not be limited to,  a  fine  of  not
 
                            -6-               LRB9205570LDprA
 1    less  than  $500.   Nothing in this subsection (a-1) shall be
 2    construed to prohibit the giving of  alcoholic  liquor  to  a
 3    person  under  the  age  of  21 years in the performance of a
 4    religious ceremony or service.
 5        (b)  Except as otherwise provided in this Section whoever
 6    violates this Section shall, in addition to  other  penalties
 7    provided for in this Act, be guilty of a Class A misdemeanor.
 8        (c)  Any  person shall be guilty of a Class A misdemeanor
 9    where he or she knowingly permits a gathering at a  residence
10    which he or she occupies of two or more persons where any one
11    or  more  of  the  persons  is  under 21 years of age and the
12    following factors also apply:
13             (1)  the person occupying the residence  knows  that
14        any  such  person under the age of 21 is in possession of
15        or is consuming any alcoholic beverage; and
16             (2)  the possession or consumption of the alcohol by
17        the person under 21 is not otherwise  permitted  by  this
18        Act; and
19             (3)  the  person  occupying the residence knows that
20        the person under the age of 21 leaves the residence in an
21        intoxicated condition.
22        For  the  purposes  of  this  subsection  (c)  where  the
23    residence has an owner and a tenant or  lessee,  there  is  a
24    rebuttable presumption that the residence is occupied only by
25    the tenant or lessee.
26        (d)  Any  person who rents a hotel or motel room from the
27    proprietor or agent thereof for the purpose of  or  with  the
28    knowledge that such room shall be used for the consumption of
29    alcoholic  liquor  by persons under the age of 21 years shall
30    be guilty of a Class A misdemeanor.
31    (Source: P.A. 89-250,  eff.  1-1-96;  90-355,  eff.  8-10-97;
32    90-432,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-739, eff.
33    8-13-98.)
 
                            -7-               LRB9205570LDprA
 1        (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
 2        Sec. 8-12.  It  shall  be  the  duty  of  every  railroad
 3    company,  express company, common or contract carrier, and of
 4    every person, firm or corporation that shall bring, carry  or
 5    transport  alcoholic  liquors  into the State of Illinois for
 6    delivery in said State or which are delivered in said  State,
 7    to  prepare  and file with the Department of Revenue for each
 8    month,  not  later  than  the  fifteenth  day  of  the  month
 9    following that for which it is made, a report stating therein
10    the name of the company, carrier, person, firm or corporation
11    making the report, the  address  in  Illinois  at  which  the
12    records  supporting  such  report  are  kept  and are open to
13    inspection, the period of time covered by  said  report,  the
14    name and business address of each consignor of such alcoholic
15    liquors,  the  name and business address of each consignee of
16    such alcoholic liquors, the kind and  quantity  of  alcoholic
17    liquors delivered to each consignee, and the date or dates of
18    delivery. Such report shall be made upon forms prescribed and
19    made available by the Department and shall contain such other
20    information  as may reasonably be required by the Department.
21    The  Department  may  establish  procedures  for   electronic
22    transmissions of such information directly to the Department.
23    Such  reports or information received by the Department shall
24    be made available by the Department to  the  Commission  upon
25    the Commission's request.
26        In  addition  to  any other reporting requirement imposed
27    under this Section, reports shall be filed for  shipments  to
28    end   consumers   in  this  State.  In  furtherance  of  this
29    requirement, it shall be the duty of every railroad  company,
30    express company, common or contract carrier, person, firm, or
31    corporation  that  brings,  carries,  or transports alcoholic
32    liquor into Illinois for delivery in Illinois to prepare  and
33    file  with the Department for each  month, not later than the
34    fifteenth day of the month following the month  during  which
 
                            -8-               LRB9205570LDprA
 1    the  delivery  is  made,  a report containing the name of the
 2    company, carrier, person, firm,  or  corporation  making  the
 3    report,   the  address  in  Illinois  at  which  the  records
 4    supporting the report are kept and are  open  to  inspection,
 5    the  period  of  time  covered  by  the  report, the name and
 6    business address of each consignor of the  alcoholic  liquor,
 7    the  name  and the address of each consignee, and the date of
 8    delivery.  Such reports shall be made upon  forms  prescribed
 9    and  made  by  the  Department  and  shall  contain any other
10    information that the Department may reasonably require.  Such
11    reports or information received by the  Department  shall  be
12    made available by the Department to the State Commission upon
13    the State Commission's request.
14        The  books,  records,  supporting  papers  and  documents
15    containing  information  and  data  relating  to such reports
16    shall be kept and preserved for  a  period  of  three  years,
17    unless their destruction sooner is authorized, in writing, by
18    the  Director,  and shall be open and available to inspection
19    by the Director of Revenue or  the  Commission  or  any  duly
20    authorized  officer,  agent  or employee of the Department or
21    the Commission, at all times during  business  hours  of  the
22    day.
23        Any  person  who  violates  any of the provisions of this
24    section or any of the rules and regulations of the Department
25    for the administration and enforcement of the  provisions  of
26    this section is guilty of a Class C misdemeanor. In case of a
27    continuing  violation each day's continuance thereof shall be
28    a separate and distinct offense.
29    (Source: P.A. 90-739, eff. 8-13-98.)

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