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92_HB1000eng HB1000 Engrossed 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. HB1000 Engrossed -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 HB1000 Engrossed -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 HB1000 Engrossed -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 HB1000 Engrossed -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 HB1000 Engrossed -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.) HB1000 Engrossed -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 the12records supporting such report are kept and are open to13inspection,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 HB1000 Engrossed -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 period of time covered by the report, the name 4 and business address of each consignor of the alcoholic 5 liquor, the name and the address of each consignee, and the 6 date of delivery. Such reports shall be made upon forms 7 prescribed and made by the Department and shall contain any 8 other information that the Department may reasonably require. 9 Such reports or information received by the Department shall 10 be made available by the Department to the State Commission 11 upon the State Commission's request. 12 Every railroad company, express company, common or 13 contract carrier, person, firm, or corporation filing or 14 required to file a report under this Section shall deliver 15 and make available to the Department, upon the Department's 16 request, the records supporting the report, within 30 days of 17 the request. The books, records, supporting papers and 18 documents containing information and data relating to such 19 reports shall be kept and preserved for a period of three 20 years, unless their destruction sooner is authorized, in 21 writing, by the Director, and shall be open and available to 22 inspection by the Director of Revenue or the Commission or 23 any duly authorized officer, agent or employee of the 24 Department or the Commission, at all times during business 25 hours of the day. 26 Any person who violates any of the provisions of this 27 section or any of the rules and regulations of the Department 28 for the administration and enforcement of the provisions of 29 this section is guilty of a Class C misdemeanor. In case of a 30 continuing violation each day's continuance thereof shall be 31 a separate and distinct offense. 32 (Source: P.A. 90-739, eff. 8-13-98.)