Bill Text: IL SB0762 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning enforcement actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0762 Detail]

Download: Illinois-2011-SB0762-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0762 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-16.1
Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning enforcement actions.
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A BILL FOR
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AN ACT concerning liquor.
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 6-16.1 as follows:
(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate, member,
representative, agent, or employee of a licensee may sell,
give, or deliver alcoholic liquor to a person under the the age
of 21 years or authorize the sale, gift, or delivery of
alcoholic liquor to a person under the age of 21 years pursuant
to a plan or action to investigate, patrol, or otherwise
conduct a "sting operation" or enforcement action against a
person employed by the licensee or on any licensed premises if
the licensee or officer, associate, member, representative,
agent, or employee of the licensee provides written notice, at
least 14 days before the "sting operation" or enforcement
action, unless governing body of the municipality or county
having jurisdiction sets a shorter period by ordinance, to the
law enforcement agency having jurisdiction, the local liquor
control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement

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action conducted within 60 days of the provision of that
notice, unless the governing body of the municipality or county
having jurisdiction sets a shorter period by ordinance.
(b) A local liquor control commission or unit of local
government that conducts alcohol and tobacco compliance
operations shall establish a policy and standards for alcohol
and tobacco compliance operations to investigate whether a
licensee is furnishing (1) alcoholic liquor to persons under 21
years of age in violation of this Act or (2) tobacco to persons
in violation of the Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act.
(c) The Illinois Law Enforcement Training Standards Board
shall develop a model policy and guidelines for the operation
of alcohol and tobacco compliance checks by local law
enforcement officers. The Illinois Law Enforcement Training
Standards Board shall also require the supervising officers of
such compliance checks to have met a minimum training standard
as determined by the Board. The Board shall have the right to
waive any training based on current written policies and
procedures for alcohol and tobacco compliance check operations
and in-service training already administered by the local law
enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply
to a home rule unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more
than 2,000,000 inhabitants, may not regulate enforcement

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actions in a manner inconsistent with the regulation of
enforcement actions under this Section. This subsection (e) is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A licensee who is the subject of an enforcement action
or "sting operation" under this Section and is found, pursuant
to the enforcement action, to be in compliance with this Act
shall be notified by the enforcement agency action that no
violation was found within 30 days after the finding.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
96-1000, eff. 7-2-10.)