Bill Amendment: IL HB0494 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LIQUOR-UNDER 21 AT RESTAURANTS

Status: 2019-01-08 - Session Sine Die [HB0494 Detail]

Download: Illinois-2017-HB0494-House_Amendment_001.html

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Rep. Barbara Wheeler

Filed: 2/15/2017

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AMENDMENT TO HOUSE BILL 494
AMENDMENT NO. ______. Amend House Bill 494 by replacing
everything after the enacting clause with the following:
"Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-20 as follows:
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Transfer, possession, and consumption of
alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any
alcoholic liquor is prohibited because of age shall not
purchase, or accept a gift of such alcoholic liquor or have
such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees
believes or has reason to believe that a sale or delivery of
any alcoholic liquor is prohibited because of the non-age of
the prospective recipient, he or she shall, before making such

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sale or delivery demand presentation of some form of positive
identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an
identification card; use the identification card of another;
carry or use a false or forged identification card; or obtain
an identification card by means of false information.
(d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section.
(e) The consumption of alcoholic liquor by any person under
21 years of age is forbidden.
(f) Whoever violates any provisions of this Section shall
be guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a
person under 21 years of age of alcoholic liquor in the
performance of a religious service or ceremony, or the
consumption by a person under 21 years of age under the direct
supervision and approval of the parents or parent or those
persons standing in loco parentis of such person under 21 years
of age in the privacy of a home, is not prohibited by this Act.
(h) The provisions of this Act prohibiting the possession
of alcoholic liquor by a person under 21 years of age and
dispensing of alcoholic liquor to a person under 21 years of
age do not apply in the case of a student under 21 years of age,
but 18 years of age or older, who:
(1) tastes, but does not imbibe, alcoholic liquor only

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during times of a regularly scheduled course while under
the direct supervision of an instructor who is at least 21
years of age and employed by an educational institution
described in subdivision (2);
(2) is enrolled as a student in a college, university,
or post-secondary educational institution that is
accredited or certified by an agency recognized by the
United States Department of Education or a nationally
recognized accrediting agency or association, or that has a
permit of approval issued by the Board of Higher Education
pursuant to the Private Business and Vocational Schools Act
of 2012;
(3) is participating in a culinary arts, fermentation
science, food service, or restaurant management degree
program of which a portion of the program includes
instruction on responsible alcoholic beverage serving
methods modeled after the Beverage Alcohol Sellers and
Server Education and Training (BASSET) curriculum; and
(4) tastes, but does not imbibe, alcoholic liquor for
instructional purposes up to, but not exceeding, 6 times
per class as a part of a required course in which the
student temporarily possesses alcoholic liquor for
tasting, not imbibing, purposes only in a class setting on
the campus and, thereafter, the alcoholic liquor is
possessed and remains under the control of the instructor.
(h-5) The provisions of this Act prohibiting the possession

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and consumption of alcoholic liquor by a person under 21 years
of age and dispensing of alcoholic liquor to a person under 21
years of age do not apply if the person under 21 years of age
(1) is 18 years of age or older, (2) is on premises where a
restaurant is operated and the sale of alcoholic liquor is not
the principal business carried out on those premises, and (3)
is under the direct supervision and approval of his or her
parents or parent or those persons standing in loco parentis of
the person under 21 years of age.
This subsection does not prohibit a restaurant from
refusing to dispense alcoholic liquor to a person under 21
years of age or from prohibiting the possession and consumption
of alcoholic liquor by a person under 21 years of age on the
premises.
(i) A law enforcement officer may not charge or otherwise
take a person into custody based solely on the commission of an
offense that involves alcohol and violates subsection (d) or
(e) of this Section if the law enforcement officer, after
making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that all of the
following apply:
(1) The law enforcement officer has contact with the
person because that person either:
(A) requested emergency medical assistance for an
individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption; or

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(B) acted in concert with another person who
requested emergency medical assistance for an
individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption;
however, the provisions of this subparagraph (B) shall
not apply to more than 3 persons acting in concert for
any one occurrence.
(2) The person described in subparagraph (A) or (B) of
paragraph (1) of this subsection (i):
(A) provided his or her full name and any other
relevant information requested by the law enforcement
officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance
due to alcohol consumption until emergency medical
assistance personnel arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(j) A person who meets the criteria of paragraphs (1) and
(2) of subsection (i) of this Section shall be immune from
criminal liability for an offense under subsection (d) or (e)
of this Section.
(k) A person may not initiate an action against a law
enforcement officer based on the officer's compliance or
failure to comply with subsection (i) of this Section, except
for willful or wanton misconduct.

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(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)".