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92_HB5952
LRB9212984RCsb
1 AN ACT to create the Rave Control Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 5. GENERAL PROVISIONS
5 Section 5-1. Short title. This Act may be cited as the
6 Rave Control Act.
7 Section 5-5. Legislative findings and intent.
8 (a) The General Assembly finds that raves:
9 (1) are party-like events conducted in dance halls
10 that are extremely conducive to the unlawful possession,
11 delivery, and use of controlled substances;
12 (2) expose their participants, most of whom are
13 under the age of 25 and some of whom are as young as the
14 age of 12, to activities that can result in drug
15 addiction, great bodily harm and death;
16 (3) provide an arena for sexual assaults;
17 (4) further the interests of organized criminals;
18 (5) foster attitudes of toleration towards the
19 unlawful delivery, possession, and use of controlled
20 substances and contempt or indifference towards the laws
21 controlling those substances;
22 (6) increase the dropout, truancy, and failure
23 rates of children attending schools within this State;
24 (7) interfere with the duty of parents and legal
25 guardians to provide for the physical, mental, and
26 emotional well-being of their children and the rights of
27 parents to raise their children free from physical,
28 mental, and emotional harm caused by the unlawful use of
29 controlled substances; and
30 (8) increase the costs incurred by the citizens of
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1 this State for law enforcement, insurance, and medical
2 services.
3 (b) The General Assembly finds that, in light of the
4 findings made in subsection (a), raves and similarly
5 structured activities are matters of legitimate, substantial,
6 and compelling governmental interest that give rise to a
7 special need to safeguard the health, safety, welfare, and
8 morals of minors and young adults who attend raves from the
9 problems enumerated in subsection (a) and to protect the
10 rights of parents and legal guardians of unemancipated minors
11 who attend raves. The General Assembly further finds that, by
12 knowingly creating, permitting, or fostering environments in
13 which numerous uninitiated and vulnerable minors and young
14 adults can be initially exposed to controlled substances that
15 may cause great bodily harm, death, or addiction, persons who
16 promote criminal raves are as culpable as persons who
17 manufacture or deliver those substances. It is therefore the
18 intent of the General Assembly to address the problems
19 presented by raves through a system of regulations and by the
20 enactment of criminal penalties and civil sanctions and
21 causes of action.
22 Section 5-10. Definitions. As used in this Act:
23 "Adult rave" means a rave whose patrons or admittees are
24 18 years of age or older.
25 "Appeal authority" means: (1) the city council, president
26 and village board of trustees, or similar political body, of
27 the municipality or the chief or superintendent of police who
28 denied an application to conduct a rave or who suspended or
29 revoked a person's permit to conduct a rave; or (2) a board,
30 commission, agency, department, or similar entity designated
31 by a city council or president and board of trustees to hear
32 appeals of denials of applications for or suspensions or
33 revocations of permits to conduct a rave.
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1 "Clandestine" or "clandestinely" means conducted at a
2 time or place or in a manner that tends to avoid detection by
3 law enforcement authorities. It may be inferred that a rave
4 is clandestine if directions to it are not available to the
5 general public or are in coded language, there are not any
6 signs or other indications at or near its location clearly
7 identifying its existence, it is not openly and plainly
8 advertised to members of the general public, or efforts have
9 been otherwise made to keep the event's time or location a
10 secret.
11 "Controlled substance" means any drug, substance, or
12 precursor listed in the schedules of Article II of the
13 Illinois Controlled Substances Act.
14 "Dance hall" means any place, area, or property open to
15 the public that (i) has live or electronically created,
16 reproduced, or transmitted music, (ii) has space available
17 for dancing or dancing is permitted, regardless of whether
18 dancing actually takes place, (iii) allows admission by
19 payment of a direct or indirect fee, donation, or any form of
20 consideration, or by the purchase, possession or presentation
21 of a ticket or token, and (iv) is not licensed for the sale
22 of alcoholic beverages.
23 "Dance hall" does not include any of the following:
24 (1) A private residence or residential facility
25 from which the general public is excluded that is being
26 used for an event personally sponsored or conducted
27 either by the owner or mortgagor of the residence or
28 facility or by a renter or lessee who actually resides at
29 the residence or facility;
30 (2) A place owned or operated by federal, state,
31 county, township or municipal government that is either
32 being used for an event sponsored or conducted by the
33 government or for an event a person authorized by the
34 government has knowingly given consent to take place;
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1 (3) A public or private elementary school,
2 secondary school, high school, college, or university
3 that is being used for an event sponsored or conducted by
4 the school, college, or university, or a place being made
5 available for the use of the school, college, or
6 university for an event sponsored or conducted by the
7 school, college, or university;
8 (4) A place owned or operated by a church,
9 congregation, society, or organization founded for the
10 purpose of religious worship that is being used for an
11 event sponsored or conducted by the church, congregation,
12 society, or organization, or a place being made available
13 for the use of the church, congregation, society, or
14 organization for an event sponsored or conducted by the
15 church, congregation, society, or organization;
16 (5) A place owned or operated by a non-profit
17 community service or developmental organization, agency
18 or club, a charitable organization as defined in Section
19 1 of the Solicitation for Charity Act, a bona fide labor
20 union, a bona fide political organization, a bona fide
21 political action committee, or a bona fide fraternal,
22 patriotic, professional, business, educational,
23 scientific, civic, veterans, alumni, parent, or youth
24 organization, association, or club that is being used for
25 an event sponsored or conducted by the organization,
26 agency, or club, or a place being made available for the
27 use of the organization, agency, or club for events
28 sponsored or conducted by the organization, agency, or
29 club.
30 "Deliver" or "delivery" mean the actual, constructive, or
31 attempted transfer of controlled substances or rave drug
32 paraphernalia, with or without consideration, whether or not
33 there is an agency relationship.
34 "Issuing authority" means (i) the chief or superintendent
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1 of police who issues or is authorized to issue a permit to
2 conduct a rave; or (ii) a board, commission, agency,
3 department, or similar entity designated by a city council or
4 president and board of trustees to issue a permit to conduct
5 a rave.
6 "Juvenile rave" means any rave whose patrons or admittees
7 are 17 years of age or younger.
8 "Law enforcement officer" means any peace officer or
9 employee or agent of any agency or department of any
10 governmental agency authorized with police powers to enforce
11 compliance with licensing or permit requirements.
12 "Rave" means a party-like event hosted by a disc jockey
13 occurring at a dance hall at which 50 or more persons pay
14 money or other consideration or make a purchase of anything
15 of value at any time in order to enter or remain in a
16 building, room, or area where the participants dance or
17 otherwise socialize against a background of flashing, strobe,
18 or laser lights and music that is electronically produced,
19 reproduced, or transmitted.
20 "Rave premises" means the dance hall at which a rave is
21 conducted.
22 ARTICLE 10. REGULATION OF RAVES
23 Section 10-5. Location of raves; permit required. No rave
24 shall be set up, run, operated, or conducted except within
25 the limits of an incorporated municipality. No person may
26 conduct, produce, sponsor, promote, or otherwise organize a
27 rave without a permit from the issuing authority of the
28 municipality in which the rave is to occur. The issuing
29 authority shall be the chief or superintendent of police of
30 the municipality, unless the city council or president and
31 board of trustees designates a specific board, commission,
32 agency, department, or similar entity to act as the issuing
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1 authority.
2 Section 10-10. Applications for permits. An application
3 for a permit shall be notarized and on a form provided by the
4 issuing authority. The form shall, at a minimum, require the
5 applicant to state his or her name, age, and address, how
6 long the applicant has lived at that address, the location of
7 the place or building at which the applicant intends to
8 conduct the rave, the hours and date or dates on which the
9 applicant intends to conduct the rave, whether the
10 application is for a juvenile rave or an adult rave, and
11 whether the applicant meets the requirements set forth in
12 Section 10-15. The application shall be signed by the
13 applicant and by any person who has a 25% or greater interest
14 in the rave; each applicant must be considered a permittee if
15 the permit is granted. Separate applications shall be made
16 for each location at which a person desires to conduct a
17 rave.
18 Section 10-15. Requirements for the issuance of a permit;
19 posting of permit.
20 (a) The issuing authority shall approve the issuance of
21 a rave permit within 60 days of the receipt of an
22 application. An application shall be denied if an applicant:
23 (1) is under the age of 21;
24 (2) has failed to answer or has falsely answered
25 any request for information on the application;
26 (3) has, within the previous 5 years, had a permit
27 to conduct a rave revoked or denied for a violation of
28 any of the provisions of this Act or of similar laws of
29 another state or of a county or municipality of another
30 state;
31 (4) has failed to obtain a certificate from the
32 fire chief or fire marshall that the place at which the
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1 rave is to be held complies with all applicable municipal
2 and county ordinances and State statutes relating to
3 places of assembly, including but not limited to
4 provisions relating to maximum permitted room or building
5 occupancy, proper ventilation, and places of entry and
6 exit;
7 (5) has failed to obtain a certification from the
8 proper municipal or county official that the place at
9 which the rave is to be held complies with all applicable
10 zoning laws and restrictions, including any provisions
11 related to the parking of vehicles, and all building code
12 requirements relating to health and safety;
13 (6) has been convicted of or is on bond or awaiting
14 trial for a felony or a Class A misdemeanor under the
15 laws of this State or similar laws of another
16 jurisdiction;
17 (7) is not of good moral character;
18 (8) is in arrears to the municipality or the county
19 in which the rave is to be conducted or to the State of
20 Illinois for any tax, fine, assessment, or other legal
21 obligation;
22 (9) is in arrears in child support for any person
23 residing within this State;
24 (10) has failed to obtain insurance in the amount
25 of $1,000,000 to cover damage to property or injury to
26 any person that occurs in connection with the rave;
27 (11) is a corporation, and any officer, manager, or
28 director of the corporation, or any stockholder or
29 stockholders owning in the aggravate more than 25% or
30 greater interest in the rave would not be eligible to
31 receive a permit under this Act;
32 (12) is a partnership, and any partner is not
33 eligible to receive a permit under this Act;
34 (13) fails to agree to abide by the provisions of
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1 this Article or by additional requirements the
2 municipality of the issuing authority to which the
3 applicant is applying for a permit has prescribed under
4 subsection (b) of this Section.
5 (b) In addition to the requirements set forth in
6 subsection (a), a municipality may by ordinance require an
7 applicant to meet further requirements that the municipality
8 deems appropriate to safeguard the health, safety, morals, or
9 welfare of persons attending raves and to ensure that members
10 of the municipality will be able to exercise their rights to
11 safe and peaceful enjoyment of their property. If a
12 municipality deems it appropriate, a municipality may
13 completely forbid raves to be conducted within its corporate
14 limits.
15 (c) The applicant shall pay a non-refundable fee set by
16 the issuing authority. The fee shall be payable to the
17 issuing authority that processes the request for the permit.
18 (d) Upon approving the issuance of a rave permit, the
19 issuing authority shall send the permit to the applicant. The
20 permit shall state on its face the name or names of the
21 persons to whom the permit has been granted, the hours,
22 dates, and location on which the rave may be held, and
23 whether the permit is for a juvenile rave or an adult rave.
24 (e) The permit shall be posted in a conspicuous place at
25 or near the entrance to the rave premises so that it may be
26 easily read at any time.
27 (f) A permit to conduct a rave is not transferable and
28 may not be used by any person other than the person to whom
29 the permit has been issued to conduct, produce, sponsor,
30 promote, or otherwise organize a rave. If the permit has been
31 granted to a corporation or partnership, and prior to or
32 during the conduct of the rave a change in the corporate or
33 partnership membership occurs that would have resulted in the
34 denial of an application to obtain a permit under this
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1 Section, the permit to conduct a rave shall automatically be
2 deemed invalid from the moment of that change in membership.
3 Section 10-20. Adult raves.
4 (a) No person under the age of 18 shall enter a dance
5 hall at which an adult rave is being conducted.
6 (b) No person who has been issued a permit to conduct an
7 adult rave or employee of that person shall knowingly allow a
8 person under the age of 18 to enter upon or remain in the
9 rave premises.
10 (c) No person who has been issued a permit to conduct an
11 adult rave shall conduct that rave without posting a sign at
12 each entrance to the rave premises that reads: "It is
13 unlawful for any person under the age of 18 to enter these
14 premises".
15 (d) No person shall conduct an adult rave during any
16 hours other than 1:00 p.m. to 3:00 a.m. of the following day.
17 An adult rave shall be conducted no more than 6 hours in a
18 24-hour period, and those 6 hours shall run consecutively.
19 If, however, a municipality has adopted an ordinance
20 requiring that raves and like-situated events close at a time
21 earlier than 3:00 a.m., the time at which the adult rave must
22 be terminated shall be governed by the municipal ordinance.
23 (e) An adult rave shall not be conducted on the same
24 property concurrently with a juvenile rave.
25 Section 10-25. Juvenile raves.
26 (a) No person age 18 or older may enter rave premises on
27 which a juvenile rave is being conducted.
28 (b) No person shall falsely represent himself or herself
29 to be under the age of 18 for the purpose of gaining
30 admission to rave premises on which a juvenile rave is being
31 conducted.
32 (c) No person who has been issued a permit to conduct a
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1 juvenile rave or employee or agent of that person shall
2 permit a person aged 18 or over to enter upon or remain on
3 rave premises on which the juvenile rave is being conducted.
4 Persons to whom the permit to conduct a rave has been issued
5 and their employees and agents, parents or guardians of
6 juveniles who have been admitted to the rave, and law
7 enforcement officers and public employees in the performance
8 of their official duties are exempt from the prohibition of
9 this subsection.
10 (d) No person who has been issued a permit to conduct a
11 juvenile rave shall conduct that rave without posting a sign
12 at each entrance to the rave premises that reads: "It is
13 unlawful for any person over the age of 18 to enter these
14 premises.".
15 (e) No person shall conduct a juvenile rave during any
16 hours other than 6:00 p.m. to 11:00 p.m. on any Sunday,
17 Monday, Tuesday, Wednesday, or Thursday, and from 4:00 p.m.
18 on Friday to 12:01 a.m. of the following day, and from 1:00
19 p.m. on Saturday to 12:01 a.m. of the following day. A
20 juvenile rave shall be conducted no more than 6 hours in a
21 24-hour period, and those 6 hours shall run consecutively.
22 If, however, a municipality has adopted a curfew earlier than
23 the hours herein stated, the time at which the juvenile rave
24 must be terminated shall be governed by the curfew set by the
25 municipality.
26 (f) Smoking shall not be permitted on rave premises
27 during the conduct of a juvenile rave.
28 (g) A juvenile rave shall not be conducted on the same
29 property concurrently with as an adult rave.
30 Section 10-30. Public safety.
31 (a) If the building, room, or area on or in which a rave
32 is to be conducted has a permitted occupancy of more than 250
33 people, or if more than 250 persons are expected to attend
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1 the rave, at least 3 security officers consisting of either
2 off-duty sworn law enforcement officers or security officers
3 from a licensed private security agency shall be in
4 attendance at the rave.
5 (b) No rave shall be conducted unless there is at all
6 times a physician or paramedic in attendance on the rave
7 premises.
8 (c) No rave shall be conducted in violation of any
9 applicable county or municipal ordinance or in violation of
10 the laws of this State.
11 (d) Devices and items clearly associated with the
12 possession, delivery, or use of controlled substances or
13 cannabis shall not be permitted on rave premises. Persons
14 possessing such devices or items shall not be permitted to
15 enter rave premises. A person who has entered upon rave
16 premises who is found to be in possession of such devices or
17 items shall immediately be evicted from the rave premises.
18 Section 10-35. Rave supervisors.
19 (a) The person to whom the permit to conduct a rave has
20 been issued shall designate an individual as the rave
21 supervisor and shall register that person's name with the
22 issuing authority. The person designated as the rave
23 supervisor shall meet the qualifications required of
24 applicants set forth in paragraphs (1), (3), (6), and (8) of
25 subsection (a) of Section 10-15 of this Act.
26 (b) The rave supervisor shall remain on the premises of
27 the dance hall at which the rave is being conducted during
28 all hours during which the rave is being conducted and until
29 30 minutes after closing to ensure that the rave is conducted
30 in accordance with all applicable State laws and county and
31 municipal ordinances.
32 (c) In addition to the rave supervisor, the person to
33 whom the permit to operate a rave has been issued may
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1 designate an assistant rave supervisor to act in the place of
2 the rave supervisor in the event the rave supervisor leaves
3 the dance hall at which the rave is being conducted. The
4 person to whom the permit has been issued shall register the
5 name of the assistant rave supervisor with the issuing
6 authority. Any person designated as an assistant rave
7 supervisor shall meet the qualifications required for
8 applicants set forth in paragraphs (1), (3), (6), and (8) of
9 subsection (a) of Section 10-15 of this Act.
10 (d) Information regarding the identities of rave
11 supervisors and assistant rave supervisors shall be provided
12 on the application form, and shall be identical to the
13 information required of applicants by Section 10-10.
14 Section 10-40. Inspection of raves.
15 (a) The application for, and issuance of, a permit to
16 operate a rave shall constitute consent by the person to whom
17 the permit has been issued for members of law enforcement
18 agencies, fire departments, and county and municipal health
19 and safety inspectors engaged in their official duties to
20 enter and inspect all areas of the premises of the dance hall
21 before, during, and after the conducting of the rave for the
22 purpose of verifying that the rave is in compliance with all
23 applicable laws and that no unlawful activities will occur,
24 are occurring, or have occurred at the rave.
25 (b) No person to whom a permit to conduct a rave has
26 been issued or his or her employee or agent shall refuse to
27 permit an inspection of the premises of the dance hall sought
28 to be conducted pursuant to subsection (a) of this Section.
29 Section 10-45. Expiration and renewal of permits.
30 (a) A permit for conducting a rave at the location
31 specified in the application expires one year from the date
32 of its issuance. A permit may be renewed only by making an
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1 application as provided for in Sections 10-10 and 10-15 of
2 this Act. An application for renewal should be made at least
3 60 days before the requested date of the permit. The
4 expiration of the permit is not affected by the pendency of a
5 renewal application.
6 (b) If the issuing authority denies renewal of a permit,
7 the applicant may not be issued a permit to conduct a rave
8 for one year from the date the denial becomes final. If,
9 subsequent to a denial, the issuing authority finds that the
10 basis for denial of the renewal permit has been corrected or
11 abated, the applicant may be granted a permit if at least 60
12 days have elapsed since the date the denial became final.
13 Section 10-50. Suspension of permits. The issuing
14 authority may suspend a permit to conduct a rave for a period
15 of time not to exceed 60 days if the issuing authority
16 determines that a person to whom a permit to conduct a rave
17 has been issued or that person's employee or agent has:
18 (1) violated any of the provisions of this Act or
19 conducted a rave at a time, date, or location not
20 authorized by the permit;
21 (2) allowed the use of alcoholic beverages at the
22 rave;
23 (3) refused to allow, pursuant to Section 10-40 of
24 this Act, an inspection of the premises of the dance hall
25 at which the rave is being conducted;
26 (4) permitted a person who is intoxicated or under
27 the influence of a controlled substance to remain on the
28 premises of the dance hall at which the rave is being
29 conducted;
30 (5) permitted gambling to occur on the premises of
31 the dance hall at which the rave is being conducted; or
32 (6) permitted the possession, delivery, or use of
33 an alcoholic beverage on the premises of the dance hall
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1 at which the rave is being conducted.
2 Sec. 10-55. Revocation of permits.
3 (a) The issuing authority shall revoke a permit if a
4 cause for suspension under Section 10-50 occurs and the
5 permit has been previously suspended within the previous 12
6 months.
7 (b) The issuing authority shall revoke a permit if the
8 issuing authority determines that a person to whom a permit
9 has been issued:
10 (1) provided false or misleading information on the
11 application to obtain a permit;
12 (2) permitted the possession, delivery, or use of
13 controlled substances, cannabis, or any device or item
14 clearly associated with the possession, delivery, or use
15 of controlled substances or cannabis;
16 (3) Permitted a rave to occur on the rave premises
17 at a time the person's permit to conduct a rave on those
18 rave premises was suspended; or
19 (4) has been convicted of or is on bond or awaiting
20 trial for a felony or a Class A misdemeanor under the
21 laws of this State or a substantially similar offense
22 laws of another jurisdiction.
23 (c) The fact that a revocation is being appealed shall
24 have no effect on the revocation of the permit.
25 (d) When an issuing authority revokes a permit, the
26 revocation shall remain in effect for one year from the date
27 the revocation became final. If, subsequent to the
28 revocation, the issuing authority finds that the basis for
29 the revocation has been corrected or has abated, the person
30 whose permit was revoked may, upon petition, be granted a
31 permit if at least 60 days have elapsed since the date the
32 revocation became final.
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1 Section 10-60. Appeals.
2 (a) If an issuing authority denies an application for or
3 renewal of a permit or suspends or revokes a permit, the
4 issuing authority shall promptly send written notification by
5 certified mail to the applicant or permittee informing the
6 applicant or permittee of such decision and reasons therefore
7 and of the applicant's or permittee's right to appeal the
8 decision and the procedure for making an appeal.
9 (b) The procedure governing appeals made under
10 subsection (a) of this Section shall be as follows:
11 (1) The applicant or permittee may, not later than
12 30 calendar days after the date of the certified mailing
13 of the notice of the adverse action by the issuing
14 authority, request a hearing before the appropriate
15 appeal authority by filing a written request for a
16 hearing with the person designated by the appeal
17 authority to receive the requests.
18 (2) The appeal authority shall set the date for a
19 hearing within 30 calendar days of the date of the filing
20 of the request for a hearing.
21 (3) The appeal authority shall hear and consider
22 relevant evidence commonly relied upon by a reasonably
23 prudent person in the conduct of his or her affairs that
24 is offered by either the issuing authority or the person
25 requesting the hearing.
26 (4) Subject to the restrictions set forth in
27 paragraph (3) of this Section, a party may conduct
28 cross-examination required for full and fair disclosure
29 of the facts.
30 (5) The appeal authority may take notice of facts
31 of record and of facts that a court hearing a civil
32 matter may take judicial notice.
33 (6) The appeal authority shall grant or deny the
34 appeal by majority vote based on a preponderance of the
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1 evidence. Failure to reach a majority vote shall result
2 in denial of the appeal.
3 (c) The filing of an appeal shall stay the suspension or
4 revocation of a permit by an issuing authority until the date
5 the appeal authority grants or denies the appeal.
6 (d) If the appeal authority upholds the revocation of a
7 permit, the aggrieved party may not re-apply for the issuance
8 of a permit to conduct a rave until at least 12 months have
9 elapsed since the date of the appeal authority's action.
10 ARTICLE 15. CRIMINAL PENALTIES
11 Section 15-5. Conducting a rave without a permit.
12 (a) A person commits conducting a rave without a permit
13 when he or she conducts a rave in violation of Section 10-5
14 of this Act.
15 (b) Conducting a rave without a permit is a Class B
16 misdemeanor. A second or subsequent violation is a Class 4
17 felony.
18 Section 15-10. Conducting a clandestine rave.
19 (a) A person commits conducting a clandestine rave when
20 he or she conducts a rave in violation of Section 10-5 of
21 this Act and the rave is conducted clandestinely.
22 (b) Conducting a clandestine rave is a Class 4 felony. A
23 second or subsequent violation is a Class 3 felony.
24 Section 15-15. Aggravated conducting a clandestine rave.
25 (a) A person commits aggravated conducting a clandestine
26 rave when he or she conducts a rave in violation of Section
27 10-5, the rave is conducted clandestinely, and the person
28 knowingly permits a minor under the age of 18 to be present
29 on the rave premises during the course of the rave.
30 (b) Aggravated conducting of a clandestine rave is a
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1 Class 3 felony. A second or subsequent violation is a Class 2
2 felony.
3 Section 15-20. Conducting a criminal rave.
4 (a) A person commits conducting a criminal rave if he
5 or she manages or controls rave premises and, during the
6 course of the rave, knowingly makes available for use, with
7 or without consideration, those premises for the purpose of
8 possessing, delivering, or using a controlled substance in
9 violation of the Illinois Controlled Substances Act.
10 (b) It may be inferred that a person who manages or
11 controls rave premises has knowingly made those premises
12 available for the purpose of possessing, delivering, or using
13 controlled substances if controlled substances were
14 possessed, delivered, or used on the rave premises during the
15 course of the rave, and the person:
16 (1) permitted the rave premises to be used to
17 conduct a clandestine rave in violation of Section 15-10
18 of this Act;
19 (2) sold or delivered devices or paraphernalia on
20 the rave premises clearly associated with the possession,
21 delivery, or use of controlled substances, or permitted
22 such devices or paraphernalia to be sold or delivered on
23 the rave premises; or
24 (3) was on the rave premises during the rave and
25 permitted the open and plain use or possession of devices
26 and items clearly associated with the possession,
27 delivery, or use of controlled substances.
28 (c) Conducting a criminal rave is a Class 2 felony. A
29 second or subsequent violation is a Class 1 felony.
30 Section 15-25. Aggravated conducting of a criminal rave.
31 (a) A person commits aggravated conducting of a criminal
32 rave if he or she conducts a criminal rave in violation of
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1 Section 15-20 of this Act and the person knowingly permits a
2 minor under the age of 18 to be present on the rave premises
3 during the conduct of the rave.
4 (b) Aggravated conducting of a criminal rave is a Class
5 1 felony. A second or subsequent violation is a Class X
6 felony.
7 Section 15-30. Forfeiture of property.
8 (a) Any person who is convicted of a violation of
9 Section 15-10, 15-15, 15-20, or 15-25 of this Act shall
10 forfeit to the State of Illinois all proceeds received from
11 the rave that was the subject of the violation.
12 (b) Any person who is convicted of a violation of
13 Section 15-10, 15-15, 15-20, or 15-25 of this Act shall
14 forfeit to the State of Illinois all personal property used
15 to facilitate the rave that was the subject of the violation.
16 ARTICLE 20. CIVIL LIABILITY
17 Section 20-5. Any person who is in violation of Section
18 15-15 of this Act shall be liable to the parent or legal
19 guardian of an unemancipated minor under the age of 18 who
20 attended the rave that was the subject of the violation in an
21 amount not less than $2,500.
22 Section 20-5. Any person who is in violation of Section
23 15-25 of this Act shall be liable to the parent or legal
24 guardian of an unemancipated minor under the age of 18 who
25 attended the rave that was the subject of the violation in an
26 amount not less than $5,000. If a controlled substance was
27 delivered to the minor during the course of the rave, the
28 person shall be liable to the parent or legal guardian of the
29 minor in an amount not less than $10,000. If the minor incurs
30 any harm or injury as a result of having ingested a
-19- LRB9212984RCsb
1 controlled substance obtained or ingested on the rave
2 premises, the person shall be liable to both the minor and
3 the minor's parent or legal guardian for all damages
4 resulting from the injury, and the court may award punitive
5 damages. If the minor suffers death as a result of having
6 ingested a controlled substance obtained or ingested on the
7 rave premises, the person shall be liable for the wrongful
8 death of the minor, and the court may award punitive damages.