Bill Amendment: IL HB0494 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-UNDER 21 AT RESTAURANTS
Status: 2019-01-08 - Session Sine Die [HB0494 Detail]
Download: Illinois-2017-HB0494-House_Amendment_003.html
Bill Title: LIQUOR-UNDER 21 AT RESTAURANTS
Status: 2019-01-08 - Session Sine Die [HB0494 Detail]
Download: Illinois-2017-HB0494-House_Amendment_003.html
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1 | AMENDMENT TO HOUSE BILL 494
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2 | AMENDMENT NO. ______. Amend House Bill 494 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-20 as follows:
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6 | (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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7 | Sec. 6-20. Transfer, possession, and consumption of | ||||||
8 | alcoholic liquor; restrictions.
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9 | (a) Any person to whom the sale, gift or delivery of any | ||||||
10 | alcoholic
liquor is prohibited because of age shall not | ||||||
11 | purchase, or accept a gift of
such alcoholic liquor or have | ||||||
12 | such alcoholic liquor in his possession.
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13 | (b) If a licensee or his or her agents or employees | ||||||
14 | believes or has reason to
believe that a sale or delivery of | ||||||
15 | any alcoholic liquor is prohibited
because of the non-age of | ||||||
16 | the prospective recipient, he or she shall,
before
making such |
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1 | sale or delivery demand presentation of some form of
positive | ||||||
2 | identification, containing proof of age, issued by a public
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3 | officer in the performance of his or her official duties.
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4 | (c) No person shall transfer, alter, or deface such an | ||||||
5 | identification
card; use the identification card of another; | ||||||
6 | carry or use a false or
forged identification card; or obtain | ||||||
7 | an identification card by means of
false information. | ||||||
8 | (d) No person shall purchase, accept delivery or have
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9 | possession of alcoholic liquor in violation of this Section. | ||||||
10 | (e) The
consumption of alcoholic liquor by any person under | ||||||
11 | 21 years of age is
forbidden. | ||||||
12 | (f) Whoever violates any provisions of this Section shall | ||||||
13 | be
guilty of a Class A misdemeanor.
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14 | (g) The possession and dispensing, or consumption by a | ||||||
15 | person under 21 years
of age of alcoholic liquor in the | ||||||
16 | performance of a religious
service or ceremony, or the | ||||||
17 | consumption by a person under 21 years of
age under the direct | ||||||
18 | supervision and approval of the parents
or parent or those | ||||||
19 | persons standing in loco parentis of such person
under 21 years | ||||||
20 | of age in the privacy of a home, is not
prohibited by this Act.
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21 | (h) The provisions of this Act prohibiting the possession | ||||||
22 | of alcoholic liquor by a person under 21 years
of age and | ||||||
23 | dispensing of alcoholic liquor to a person under 21 years
of | ||||||
24 | age do not apply in the case of a student under 21 years
of age, | ||||||
25 | but 18 years of age or older, who: | ||||||
26 | (1) tastes, but does not imbibe, alcoholic liquor only |
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1 | during times of a regularly scheduled course while under | ||||||
2 | the direct
supervision of an instructor who is at least 21 | ||||||
3 | years of age and
employed by an educational institution | ||||||
4 | described in subdivision (2); | ||||||
5 | (2) is enrolled as a student in a college, university, | ||||||
6 | or post-secondary educational institution that is | ||||||
7 | accredited or certified by an agency recognized by the | ||||||
8 | United States Department of Education or a nationally | ||||||
9 | recognized accrediting agency or association, or that has a | ||||||
10 | permit of approval issued by the Board of Higher Education | ||||||
11 | pursuant to the
Private Business and Vocational Schools Act | ||||||
12 | of 2012; | ||||||
13 | (3) is participating in a culinary arts, fermentation | ||||||
14 | science, food service, or restaurant management
degree | ||||||
15 | program of which a portion of the program includes | ||||||
16 | instruction on responsible alcoholic beverage serving | ||||||
17 | methods modeled after the Beverage Alcohol Sellers and | ||||||
18 | Server Education and Training (BASSET) curriculum; and | ||||||
19 | (4) tastes, but does not imbibe, alcoholic liquor for | ||||||
20 | instructional
purposes up to, but not exceeding, 6 times | ||||||
21 | per class as a part of a required course in which the | ||||||
22 | student temporarily possesses alcoholic liquor for | ||||||
23 | tasting, not imbibing, purposes only in a class setting on | ||||||
24 | the campus and, thereafter, the alcoholic liquor is | ||||||
25 | possessed and remains under the control of the instructor. | ||||||
26 | (h-5) The provisions of this Act prohibiting the possession |
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1 | and consumption of beer or wine by a person under 21 years of | ||||||
2 | age and dispensing of beer or wine to a person under 21 years | ||||||
3 | of age, including Section 6-16 of this Act, do not apply if the | ||||||
4 | person under 21 years of age (1) is 18 years of age or older, | ||||||
5 | (2) is on premises where a restaurant is operated and the sale | ||||||
6 | of alcoholic liquor is not the principal business carried out | ||||||
7 | on those premises, and (3) is under the direct supervision of | ||||||
8 | and has the approval of his or her parent or parents, | ||||||
9 | grandparent or grandparents, step-parent or step-parents, or | ||||||
10 | legal guardian. | ||||||
11 | This subsection does not prohibit a restaurant from | ||||||
12 | refusing to dispense beer or wine to a person under 21 years of | ||||||
13 | age or from prohibiting the possession and consumption of beer | ||||||
14 | or wine by a person under 21 years of age on the premises. | ||||||
15 | (i) A law enforcement officer may not charge or otherwise | ||||||
16 | take a person into custody based solely on the commission of an | ||||||
17 | offense that involves alcohol and violates subsection (d) or | ||||||
18 | (e) of this Section if the law enforcement officer, after | ||||||
19 | making a reasonable determination and considering the facts and | ||||||
20 | surrounding circumstances, reasonably believes that all of the | ||||||
21 | following apply: | ||||||
22 | (1) The law enforcement officer has contact with the | ||||||
23 | person because that person either: | ||||||
24 | (A) requested emergency medical assistance for an | ||||||
25 | individual who reasonably appeared to be in need of | ||||||
26 | medical assistance due to alcohol consumption; or |
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1 | (B) acted in concert with another person who | ||||||
2 | requested emergency medical assistance for an | ||||||
3 | individual who reasonably appeared to be in need of | ||||||
4 | medical assistance due to alcohol consumption; | ||||||
5 | however, the provisions of this subparagraph (B) shall | ||||||
6 | not apply to more than 3 persons acting in concert for | ||||||
7 | any one occurrence. | ||||||
8 | (2) The person described in subparagraph (A) or (B) of | ||||||
9 | paragraph (1) of this subsection (i): | ||||||
10 | (A) provided his or her full name and any other | ||||||
11 | relevant information requested by the law enforcement | ||||||
12 | officer; | ||||||
13 | (B) remained at the scene with the individual who | ||||||
14 | reasonably appeared to be in need of medical assistance | ||||||
15 | due to alcohol consumption until emergency medical | ||||||
16 | assistance personnel arrived; and | ||||||
17 | (C) cooperated with emergency medical assistance | ||||||
18 | personnel and law enforcement officers at the scene. | ||||||
19 | (j) A person who meets the criteria of paragraphs (1) and | ||||||
20 | (2) of subsection (i) of this Section shall be immune from | ||||||
21 | criminal liability for an offense under subsection (d) or (e) | ||||||
22 | of this Section. | ||||||
23 | (k) A person may not initiate an action against a law | ||||||
24 | enforcement officer based on the officer's compliance or | ||||||
25 | failure to comply with subsection (i) of this Section, except | ||||||
26 | for willful or wanton misconduct. |
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1 | (Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)".
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