§ 6-136. Permitting underage persons on licensed premises.
(a)
Prohibited; exceptions. It shall be unlawful for any holder of a retail alcoholic liquor dealer's license or his agent or employee to suffer or permit any minor to be or remain in any room or compartment adjoining, adjacent to or situated in the room or place where such licensed premises is located; provided that this subsection shall not apply to any minor accompanied by his parent or guardian, or any licensed premises which derives its principal business from the sale of services or other commodities other than alcoholic liquors.
(b)
Defense. In those instances where a person under the age of 21 years is prohibited from entering and remaining on the premises, proof that the defendant-licensee, or his employee or agent, demanded, was shown, and reasonably relied upon adequate written evidence for purposes of entering and remaining on the licensed premises 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 defendant-licensee, or his agent or employee, accepted the written evidence knowing it to be false or fraudulent. 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. If a false or fraudulent state driver's license or state 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 obtaining entry and remaining on licensed premises, 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.
(Code 1996, § 3-4-17(B))
State law reference
Authority to prohibit underage persons on premises and exemptions from such offenses, 235 ILCS 5/6-16.2.