235 ILCS 5/6-16
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article VI - General Provisions

 (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 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 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, 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 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 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 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, 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 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 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.  (Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)