94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1911


 
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke
 
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.
















LRB094 02887 LCB 32888 b

















 


 


A BILL FOR









 











HB1911

LRB094 02887 LCB 32888 b






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    AN ACT concerning liquor.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Liquor Control Act of 1934 is amended by 
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changing Section 6-16.1 as follows:
 



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    (235 ILCS 5/6-16.1)



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    Sec. 6-16.1. Enforcement actions. 

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    (a) A licensee or an officer, associate,
member, 
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representative, agent, or employee of a licensee may sell, 
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give, or
deliver alcoholic liquor to a person under the
the age 
11
of 21 years or authorize the
sale, gift, or delivery of 
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alcoholic liquor to a person under the age of 21
years pursuant 
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to a plan or action to investigate, patrol, or otherwise 
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conduct
a "sting operation" or enforcement action against a 
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person employed by the
licensee or on any licensed premises if 
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the licensee or officer, associate,
member, representative, 
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agent, or employee of the licensee provides written
notice, at 
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least 14 days before the "sting operation" or enforcement 
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action,
unless governing body of the municipality or county 
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having jurisdiction sets a
shorter period by ordinance, to the 
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law enforcement agency having jurisdiction,
the local liquor 
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control commissioner, or both.  Notice provided under this

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Section shall be valid for a "sting operation" or enforcement 
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action conducted
within 60 days of the provision of that 
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notice, unless the governing body of
the municipality or county 
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having jurisdiction sets a shorter period by
ordinance.
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    (b) A local liquor control commission or unit of local 
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government that
conducts alcohol and tobacco compliance 
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operations shall establish a policy and
standards for alcohol 
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and tobacco compliance operations to investigate whether
a 
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licensee is furnishing (1) alcoholic liquor to persons under 21 
32
years of age
in violation of this Act or (2) tobacco to persons 
 


 






HB1911
- 2 -
LRB094 02887 LCB 32888 b




1
in violation of the Sale of
Tobacco to Minors Act.

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    (c) The Illinois Law Enforcement Training Standards Board 
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shall
develop a model policy and guidelines for the operation 
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of alcohol and tobacco
compliance checks by local law 
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enforcement officers.  The Illinois Law
Enforcement Training 
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Standards Board shall also require the supervising
officers of 
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such compliance checks to have met a minimum training standard 
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as
determined by the Board.  The Board shall have the right to 
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waive any training
based on current written policies and 
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procedures for alcohol and tobacco
compliance check operations 
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and in-service training already administered by
the local law 
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enforcement agency, department, or office.

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    (d) The provisions of subsections (b) and (c) do not apply 
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to a home rule
unit with more than 2,000,000 inhabitants.

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    (e) A home rule unit, other than a home rule unit with more 
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than 2,000,000
inhabitants, may not regulate enforcement 
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actions in a manner inconsistent with
the regulation of 
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enforcement actions under this Section.  This subsection (e)
is 
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a limitation under subsection (i) of Section 6 of Article VII 
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of the
Illinois Constitution on the concurrent exercise by home 
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rule units
of powers and functions
exercised by the State.

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(Source: P.A. 92-503, eff. 1-1-02.)