Bill Text: IL HB3446 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that a licensee may bring a civil action against a person under the age of 21 who (1) procures or attempts to procure alcoholic liquor from the licensee or (2) possesses or consumes alcoholic liquor on the licensee's premises. Provides that the court shall award the licensee damages in the amount of $1,000 plus the costs of the action, including reasonable attorney fees. Provides that a licensee may bring a civil action against the person under the age of 21 regardless of whether that person has been convicted of, or received a citation for, engaging in that conduct, but the licensee has the burden of proving, by a preponderance of the evidence, that the person engaged in that conduct. Authorizes the licensee to bring the action against the parent or guardian of a person under the age of 18 who is not an emancipated minor. Requires a licensee to provide notice of the licensee's intent to bring the civil action to the person under the age of 21 or the person's parent or guardian, if applicable. Amends the Video Gaming Act. Provides that a licensee may bring a civil action against a person under the age of 21 who uses or plays or attempts to use or play a video gaming terminal on the licensee's premises. Contains similar provisions concerning damages, the burden of proof, civil actions against a parent of a person under the age of 18, and notice.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2015-04-30 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB3446 Detail]

Download: Illinois-2015-HB3446-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3446 Introduced 2/26/2015, by Rep. Daniel V. Beiser - Frank J. Mautino - Patrick J. Verschoore - Lawrence M. Walsh, Jr. SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-16 from Ch. 43, par. 131
230 ILCS 40/40
Amends the Liquor Control Act of 1934. Provides that a licensee may bring a civil action against a person under the age of 21 who (1) procures or attempts to procure alcoholic liquor from the licensee or (2) possesses or consumes alcoholic liquor on the licensee's premises. Provides that the court shall award the licensee damages in the amount of $1,000 plus the costs of the action, including reasonable attorney fees. Provides that a licensee may bring a civil action against the person under the age of 21 regardless of whether that person has been convicted of, or received a citation for, engaging in that conduct, but the licensee has the burden of proving, by a preponderance of the evidence, that the person engaged in that conduct. Authorizes the licensee to bring the action against the parent or guardian of a person under the age of 18 who is not an emancipated minor. Requires a licensee to provide notice of the licensee's intent to bring the civil action to the person under the age of 21 or the person's parent or guardian, if applicable. Amends the Video Gaming Act. Provides that a licensee may bring a civil action against a person under the age of 21 who uses or plays or attempts to use or play a video gaming terminal on the licensee's premises. Contains similar provisions concerning damages, the burden of proof, civil actions against a parent of a person under the age of 18, and notice.
LRB099 05866 RPS 25914 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3446 LRB099 05866 RPS 25914 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-16 as follows:
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall sell,
give, or deliver alcoholic liquor to any person under the age
of 21 years or to any intoxicated person, except as provided in
Section 6-16.1. (ii) No express company, common carrier, or
contract carrier nor any representative, agent, or employee on
behalf of an express company, common carrier, or contract
carrier that carries or transports alcoholic liquor for
delivery within this State shall knowingly give or knowingly
deliver to a residential address any shipping container clearly
labeled as containing alcoholic liquor and labeled as requiring
signature of an adult of at least 21 years of age to any person
in this State under the age of 21 years. An express company,
common carrier, or contract carrier that carries or transports
such alcoholic liquor for delivery within this State shall
obtain a signature at the time of delivery acknowledging

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receipt of the alcoholic liquor by an adult who is at least 21
years of age. At no time while delivering alcoholic beverages
within this State may any representative, agent, or employee of
an express company, common carrier, or contract carrier that
carries or transports alcoholic liquor for delivery within this
State deliver the alcoholic liquor to a residential address
without the acknowledgment of the consignee and without first
obtaining a signature at the time of the delivery by an adult
who is at least 21 years of age. A signature of a person on file
with the express company, common carrier, or contract carrier
does not constitute acknowledgement of the consignee. Any
express company, common carrier, or contract carrier that
transports alcoholic liquor for delivery within this State that
violates this item (ii) of this subsection (a) by delivering
alcoholic liquor without the acknowledgement of the consignee
and without first obtaining a signature at the time of the
delivery by an adult who is at least 21 years of age is guilty
of a business offense for which the express company, common
carrier, or contract carrier that transports alcoholic liquor
within this State shall be fined not more than $1,001 for a
first offense, not more than $5,000 for a second offense, and
not more than $10,000 for a third or subsequent offense. An
express company, common carrier, or contract carrier shall be
held vicariously liable for the actions of its representatives,
agents, or employees. For purposes of this Act, in addition to
other methods authorized by law, an express company, common

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carrier, or contract carrier shall be considered served with
process when a representative, agent, or employee alleged to
have violated this Act is personally served. Each shipment of
alcoholic liquor delivered in violation of this item (ii) of
this subsection (a) constitutes a separate offense. (iii) No
person, after purchasing or otherwise obtaining alcoholic
liquor, shall sell, give, or deliver such alcoholic liquor to
another person under the age of 21 years, except in the
performance of a religious ceremony or service. Except as
otherwise provided in item (ii), any express company, common
carrier, or contract carrier that transports alcoholic liquor
within this State that violates the provisions of item (i),
(ii), or (iii) of this paragraph of this subsection (a) is
guilty of a Class A misdemeanor and the sentence shall include,
but shall not be limited to, a fine of not less than $500. Any
person who violates the provisions of item (iii) of this
paragraph of this subsection (a) is guilty of a Class A
misdemeanor and the sentence shall include, but shall not be
limited to a fine of not less than $500 for a first offense and
not less than $2,000 for a second or subsequent offense. Any
person who knowingly violates the provisions of item (iii) of
this paragraph of this subsection (a) is guilty of a Class 4
felony if a death occurs as the result of the violation.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,

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common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, is prosecuted
under this paragraph of this subsection (a) for selling,
giving, or delivering alcoholic liquor to a person under the
age of 21 years, the person under 21 years of age who attempted
to buy or receive the alcoholic liquor may be prosecuted
pursuant to Section 6-20 of this Act, unless the person under
21 years of age was acting under the authority of a law
enforcement agency, the Illinois Liquor Control Commission, or
a local liquor control commissioner pursuant to a plan or
action to investigate, patrol, or conduct any similar
enforcement action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, shall refuse
to sell, deliver, or serve alcoholic beverages to any person
who is unable to produce adequate written evidence of identity
and of the fact that he or she is over the age of 21 years, if
requested by the licensee, agent, employee, or representative.
Adequate written evidence of age and identity of the person
is a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but
not limited to, a motor vehicle operator's license, a
registration certificate issued under the Federal Selective

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Service Act, or an identification card issued to a member of
the Armed Forces. Proof that the defendant-licensee, or his
employee or agent, or the representative, agent, or employee of
the express company, common carrier, or contract carrier that
carries or transports alcoholic liquor for delivery within this
State demanded, was shown and reasonably relied upon such
written evidence in any transaction forbidden by this Section
is an affirmative defense in any criminal prosecution therefor
or to any proceedings for the suspension or revocation of any
license based thereon. It shall not, however, be an affirmative
defense if the agent or employee accepted the written evidence
knowing it to be false or fraudulent. If a false or fraudulent
Illinois driver's license or Illinois identification card is
presented by a person less than 21 years of age to a licensee
or the licensee's agent or employee for the purpose of
ordering, purchasing, attempting to purchase, or otherwise
obtaining or attempting to obtain the serving of any alcoholic
beverage, the law enforcement officer or agency investigating
the incident shall, upon the conviction of the person who
presented the fraudulent license or identification, make a
report of the matter to the Secretary of State on a form
provided by the Secretary of State.
However, no agent or employee of the licensee or employee
of an express company, common carrier, or contract carrier that
carries or transports alcoholic liquor for delivery within this
State shall be disciplined or discharged for selling or

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furnishing liquor to a person under 21 years of age if the
agent or employee demanded and was shown, before furnishing
liquor to a person under 21 years of age, adequate written
evidence of age and identity of the person issued by a federal,
state, county or municipal government, or subdivision or agency
thereof, including but not limited to a motor vehicle
operator's license, a registration certificate issued under
the Federal Selective Service Act, or an identification card
issued to a member of the Armed Forces. This paragraph,
however, shall not apply if the agent or employee accepted the
written evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification of
any other person is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to, a
fine of not less than $500.
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee, any written, printed or
photostatic evidence of age and identity that is false,
fraudulent, or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise
procuring or attempting to procure, the serving of any
alcoholic beverage, who falsely states in writing that he or

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she is at least 21 years of age when receiving alcoholic liquor
from a representative, agent, or employee of an express
company, common carrier, or contract carrier, or who has in his
or her possession any false or fraudulent written, printed, or
photostatic evidence of age and identity, is guilty of a Class
A misdemeanor and the person's sentence shall include, but
shall not be limited to, the following: a fine of not less than
$500 and at least 25 hours of community service. If possible,
any community service shall be performed for an alcohol abuse
prevention program.
Any person under the age of 21 years who has any alcoholic
beverage in his or her possession on any street or highway or
in any public place or in any place open to the public is
guilty of a Class A misdemeanor. This Section does not apply to
possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of
his or her parent or in pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to
knowingly permit his or her residence, any other private
property under his or her control, or any vehicle, conveyance,
or watercraft under his or her control to be used by an invitee
of the parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
knowingly permitted his or her residence, any other private
property under his or her control, or any vehicle, conveyance,

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or watercraft under his or her control to be used in violation
of this Section if he or she knowingly authorizes or permits
consumption of alcoholic liquor by underage invitees. Any
person who violates this subsection (a-1) is guilty of a Class
A misdemeanor and the person's sentence shall include, but
shall not be limited to, a fine of not less than $500. Where a
violation of this subsection (a-1) directly or indirectly
results in great bodily harm or death to any person, the person
violating this subsection shall be guilty of a Class 4 felony.
Nothing in this subsection (a-1) shall be construed to prohibit
the giving of alcoholic liquor to a person under the age of 21
years in the performance of a religious ceremony or service in
observation of a religious holiday.
For the purposes of this subsection (a-1) where the
residence or other property has an owner and a tenant or
lessee, the trier of fact may infer that the residence or other
property is occupied only by the tenant or lessee.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly authorizes or permits a residence
which he or she occupies to be used by an invitee under 21
years of age and:
(1) the person occupying the residence knows that any
such person under the age of 21 is in possession of or is

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consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by the
person under 21 is not otherwise permitted by this Act.
For the purposes of this subsection (c) where the residence
has an owner and a tenant or lessee, the trier of fact may
infer that the residence is occupied only by the tenant or
lessee. The sentence of any person who violates this subsection
(c) shall include, but shall not be limited to, a fine of not
less than $500. Where a violation of this subsection (c)
directly or indirectly results in great bodily harm or death to
any person, the person violating this subsection (c) shall be
guilty of a Class 4 felony. Nothing in this subsection (c)
shall be construed to prohibit the giving of alcoholic liquor
to a person under the age of 21 years in the performance of a
religious ceremony or service in observation of a religious
holiday.
A person shall not be in violation of this subsection (c)
if (A) he or she requests assistance from the police department
or other law enforcement agency to either (i) remove any person
who refuses to abide by the person's performance of the duties
imposed by this subsection (c) or (ii) terminate the activity
because the person has been unable to prevent a person under
the age of 21 years from consuming alcohol despite having taken
all reasonable steps to do so and (B) this assistance is
requested before any other person makes a formal complaint to
the police department or other law enforcement agency about the

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activity.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall be
guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession on public
school district property on school days or at events on public
school district property when children are present is guilty of
a petty offense, unless the alcoholic liquor (i) is in the
original container with the seal unbroken and is in the
possession of a person who is not otherwise legally prohibited
from possessing the alcoholic liquor or (ii) is in the
possession of a person in or for the performance of a religious
service or ceremony authorized by the school board.
(f) A licensee may bring a civil action against a person
under the age of 21 years who:
(1) procures or attempts to procure alcoholic liquor
from the licensee; or
(2) possesses or consumes alcoholic liquor on the
licensee's premises.
If judgment is entered in favor of the licensee, the court
shall award damages to the licensee in the amount of $1,000
plus the costs of the action, including reasonable attorney's
fees. A licensee may bring an action under this subsection (f)

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regardless of whether the person under the age of 21 has been
convicted of, or received a citation for, engaging in the
conduct specified in paragraph (1) or (2) of this subsection
(f), but the licensee has the burden of proving, by a
preponderance of the evidence, that the person engaged in the
conduct specified in paragraph (1) or (2) of this subsection
(f).
If the person is under the age of 18 years and is not an
emancipated minor, a licensee may bring the civil action under
this subsection (f) against the parent or guardian of that
person.
A licensee may not bring a civil action under this
subsection (f) unless the licensee has first provided notice of
the licensee's intent to bring a civil action under this
subsection (f) to the person under the age of 21 or, if
applicable, that person's parent or guardian. The notice shall
be mailed to the last-known address of the person under the age
of 21 years or, if applicable, the parent or guardian of a
person under the age of 18 years at least 15 days prior to
filing the action and shall include a demand for the relief
described in this subsection (f). The State Commission may, by
rule, prescribe a form for this notice.
(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
Section 10. The Video Gaming Act is amended by changing
Section 40 as follows:

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(230 ILCS 40/40)
Sec. 40. Video gaming terminal use by minors prohibited.
(a) No licensee shall cause or permit any person under the
age of 21 years to use or play a video gaming terminal. Any
licensee who knowingly permits a person under the age of 21
years to use or play a video gaming terminal is guilty of a
business offense and shall be fined an amount not to exceed
$5,000.
(b) A licensee may bring a civil action against a person
under the age of 21 years who uses or plays or attempts to use
or play a video gaming terminal on the licensee's premises. If
judgment is entered in favor of the licensee, the court shall
award damages to the licensee in the amount of $1,000 plus the
costs of the action, including reasonable attorney's fees.
If the person is under the age of 18 years and is not an
emancipated minor, a licensee may bring the civil action under
this subsection (b) against the parent or guardian of that
person.
A licensee may not bring a civil action under this
subsection (b) unless the licensee has first provided notice of
the licensee's intent to bring a civil action under this
subsection (b) to the person under the age of 21 or, if
applicable, that person's parent or guardian. The notice shall
be mailed to the last-known address of the person under the age
of 21 years or, if applicable, the parent or guardian of a

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person under the age of 18 years at least 15 days prior to
filing the action and shall include a demand for the relief
described in this subsection (b). The Board may, by rule,
prescribe a form for this notice.
(Source: P.A. 96-34, eff. 7-13-09.)