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


Bill Title: Amends the Liquor Control Act of 1934. Provides that the provisions of the Act prohibiting the possession 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 on premises where a restaurant is operated and the sale of alcoholic liquor is not the principal business carried out on those premises and (2) 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-04-06 - Added Co-Sponsor Rep. Randy E. Frese [HB0494 Detail]

Download: Illinois-2017-HB0494-Engrossed.html



HB0494 EngrossedLRB100 06691 RPS 16732 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-20 as follows:
6 (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
7 Sec. 6-20. Transfer, possession, and consumption of
8alcoholic liquor; restrictions.
9 (a) Any person to whom the sale, gift or delivery of any
10alcoholic liquor is prohibited because of age shall not
11purchase, or accept a gift of such alcoholic liquor or have
12such alcoholic liquor in his possession.
13 (b) If a licensee or his or her agents or employees
14believes or has reason to believe that a sale or delivery of
15any alcoholic liquor is prohibited because of the non-age of
16the prospective recipient, he or she shall, before making such
17sale or delivery demand presentation of some form of positive
18identification, containing proof of age, issued by a public
19officer in the performance of his or her official duties.
20 (c) No person shall transfer, alter, or deface such an
21identification card; use the identification card of another;
22carry or use a false or forged identification card; or obtain
23an identification card by means of false information.

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1 (d) No person shall purchase, accept delivery or have
2possession of alcoholic liquor in violation of this Section.
3 (e) The consumption of alcoholic liquor by any person under
421 years of age is forbidden.
5 (f) Whoever violates any provisions of this Section shall
6be guilty of a Class A misdemeanor.
7 (g) The possession and dispensing, or consumption by a
8person under 21 years of age of alcoholic liquor in the
9performance of a religious service or ceremony, or the
10consumption by a person under 21 years of age under the direct
11supervision and approval of the parents or parent or those
12persons standing in loco parentis of such person under 21 years
13of age in the privacy of a home, is not prohibited by this Act.
14 (h) The provisions of this Act prohibiting the possession
15of alcoholic liquor by a person under 21 years of age and
16dispensing of alcoholic liquor to a person under 21 years of
17age do not apply in the case of a student under 21 years of age,
18but 18 years of age or older, who:
19 (1) tastes, but does not imbibe, alcoholic liquor only
20 during times of a regularly scheduled course while under
21 the direct supervision of an instructor who is at least 21
22 years of age and employed by an educational institution
23 described in subdivision (2);
24 (2) is enrolled as a student in a college, university,
25 or post-secondary educational institution that is
26 accredited or certified by an agency recognized by the

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1 United States Department of Education or a nationally
2 recognized accrediting agency or association, or that has a
3 permit of approval issued by the Board of Higher Education
4 pursuant to the Private Business and Vocational Schools Act
5 of 2012;
6 (3) is participating in a culinary arts, fermentation
7 science, food service, or restaurant management degree
8 program of which a portion of the program includes
9 instruction on responsible alcoholic beverage serving
10 methods modeled after the Beverage Alcohol Sellers and
11 Server Education and Training (BASSET) curriculum; and
12 (4) tastes, but does not imbibe, alcoholic liquor for
13 instructional purposes up to, but not exceeding, 6 times
14 per class as a part of a required course in which the
15 student temporarily possesses alcoholic liquor for
16 tasting, not imbibing, purposes only in a class setting on
17 the campus and, thereafter, the alcoholic liquor is
18 possessed and remains under the control of the instructor.
19 (h-5) The provisions of this Act prohibiting the possession
20and consumption of beer or wine by a person under 21 years of
21age and dispensing of beer or wine to a person under 21 years
22of age, including Section 6-16 of this Act, do not apply if the
23person under 21 years of age (1) is 18 years of age or older,
24(2) is on premises where a restaurant is operated and the sale
25of alcoholic liquor is not the principal business carried out
26on those premises, and (3) is under the direct supervision of

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1and has the approval of his or her parent or parents,
2grandparent or grandparents, step-parent or step-parents, or
3legal guardian.
4 This subsection does not prohibit a restaurant from
5refusing to dispense beer or wine to a person under 21 years of
6age or from prohibiting the possession and consumption of beer
7or wine by a person under 21 years of age on the premises.
8 (i) A law enforcement officer may not charge or otherwise
9take a person into custody based solely on the commission of an
10offense that involves alcohol and violates subsection (d) or
11(e) of this Section if the law enforcement officer, after
12making a reasonable determination and considering the facts and
13surrounding circumstances, reasonably believes that all of the
14following apply:
15 (1) The law enforcement officer has contact with the
16 person because that person either:
17 (A) requested emergency medical assistance for an
18 individual who reasonably appeared to be in need of
19 medical assistance due to alcohol consumption; or
20 (B) acted in concert with another person who
21 requested emergency medical assistance for an
22 individual who reasonably appeared to be in need of
23 medical assistance due to alcohol consumption;
24 however, the provisions of this subparagraph (B) shall
25 not apply to more than 3 persons acting in concert for
26 any one occurrence.

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1 (2) The person described in subparagraph (A) or (B) of
2 paragraph (1) of this subsection (i):
3 (A) provided his or her full name and any other
4 relevant information requested by the law enforcement
5 officer;
6 (B) remained at the scene with the individual who
7 reasonably appeared to be in need of medical assistance
8 due to alcohol consumption until emergency medical
9 assistance personnel arrived; and
10 (C) cooperated with emergency medical assistance
11 personnel and law enforcement officers at the scene.
12 (j) A person who meets the criteria of paragraphs (1) and
13(2) of subsection (i) of this Section shall be immune from
14criminal liability for an offense under subsection (d) or (e)
15of this Section.
16 (k) A person may not initiate an action against a law
17enforcement officer based on the officer's compliance or
18failure to comply with subsection (i) of this Section, except
19for willful or wanton misconduct.
20(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
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