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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
LIQUOR (235 ILCS 5/) Liquor Control Act of 1934. 235 ILCS 5/7-9
(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9.
Except as provided in this Section, any order or action of a
local liquor control commissioner levying a fine or refusing to levy a fine
on a licensee, granting or refusing to grant a license,
revoking or suspending or refusing to revoke or suspend a license or
refusing for more than 30 days to grant a hearing upon a complaint to
revoke or suspend a license may, within 20 days after notice of such
order or action, be appealed by any resident of the political
subdivision under the jurisdiction of the local liquor control
commissioner or any person interested, to the State Commission.
In any case where a licensee appeals to the State Commission from an
order or action of the local liquor control commission having the effect of
suspending or revoking a license, denying a renewal application, or
refusing to grant a license, the licensee shall resume the operation of the
licensed business pending the decision of the State Commission and the
expiration of the time allowed for an application for rehearing. If an
application for rehearing is filed, the licensee shall continue the
operation of the licensed business until the denial of the application or,
if the rehearing is granted, until the decision on rehearing.
In any case in which a licensee appeals to the State Commission a
suspension or revocation by a local liquor control commissioner that is the
second or subsequent such suspension or revocation placed on that licensee
within the preceding 12 month period, the licensee shall
consider the suspension or revocation to be in effect until a reversal of
the local liquor control commissioner's action has been issued by the State
Commission and shall cease all activity otherwise authorized by the
license. The State Commission shall expedite, to the greatest extent
possible, its consideration of any appeal that is an appeal of a second or
subsequent suspension or revocation within the past 12 month period.
The appeal shall be limited to a review of the official record of the
proceedings of such local liquor control commissioner if the county board,
city council or board of trustees, as the case may be,
has adopted a resolution requiring that such review be on the record. If such
resolution is adopted, a certified official record of the proceedings
taken and prepared by a certified court reporter or certified shorthand
reporter shall be filed by the local liquor control commissioner within 5
days after notice of the filing of such appeal, if the appellant licensee
pays for the cost of the transcript.
The State Commission
shall
review the propriety of the order or action of the local liquor control
commissioner and shall consider the following questions:
(a) whether the local liquor control commissioner has | | proceeded in the manner provided by law;
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial
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The only evidence which may be considered in the review, shall be the
evidence found in the certified official record of the proceedings of
the local liquor control commissioner. No new or additional evidence
shall be admitted or considered. The State Commission shall render a
decision affirming, reversing or modifying the order or action reviewed
within 30 days after the appeal was heard.
In the event such appeal is from an order of a local liquor control
commissioner of a city, village or incorporated town of 500,000 or more
inhabitants, granting or refusing to grant a license or refusing for
more than 30 days to grant a hearing upon a complaint to revoke or
suspend a license, the matter of the propriety of such order or action
shall be tried de novo by the license appeal commission as expeditiously
as circumstances permit.
In the event such appeal is from an order or action of a local liquor
control commissioner of a city, village or incorporated town of 500,000
or more inhabitants, imposing a fine or refusing to impose a fine on a
licensee, revoking or suspending or refusing to revoke or
suspend a license, the license appeal commission shall determine the
appeal by a review of the official record of the proceedings of such
local liquor control commissioner. A certified record of the proceedings
shall be promptly filed with the license appeal commission by such local
liquor
control commissioner after notice of the filing of such
appeal if the appellant licensee pays for the cost of the transcript
and promptly delivers the transcript to
the local liquor control commission or its attorney.
The review by the license appeal commission shall be limited to
the questions:
(a) whether the local liquor control commissioner has
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial
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No new or additional evidence in support
of or in opposition to such order or action under appeal shall be
received other than that contained in such record of the proceedings.
Within 30 days after such appeal was heard,
the license appeal
commission shall render its decision in accordance with the provisions
of Section 7-5.
In cities, villages and incorporated towns having a population of
500,000 or more inhabitants, appeals from any order or action shall lie
to the license appeal commission of such city, village or incorporated
town. All of the provisions of this Section and Section 7-10 relative
to proceedings upon appeals before the State Commission
and relative to appeals from the decisions of the State Commission shall
apply also to proceedings upon appeals before any license appeal
commission and appeals from the decisions of license appeal commission.
In any trial de novo hearing before the State Commission or license
appeal commission, the local liquor control commissioner shall be
entitled to 10 days notice and to be heard. All such trial de novo
hearings shall be open to the public and the Illinois Liquor Control
Commission and the license appeal commission shall reduce all evidence
offered thereto to writing.
If after trial de novo hearing or review as provided herein, the
State Commission or the license appeal commission (as the case may be)
shall decide that the license has been improperly issued, denied,
revoked, suspended or refused to be revoked or suspended or a hearing to
revoke or suspend has been improperly refused or that the licensee has been
improperly fined or not fined, it shall enter an order
in conformity with such findings, which order shall be in writing.
A certified copy of the order shall be transmitted to the particular
local liquor control commissioner and it shall be the duty of the local
liquor control commissioner to take such action as may be necessary to
conform with the order.
In any trial de novo hearing before the State Commission or the
license appeal commission, the licensee shall submit to examination and
produce books and records material to the business conducted under the
license in like manner as before the local liquor control commissioner,
and the failure of the licensee to submit to such an examination or to
produce such books and records, or to appear at the hearing on such
appeal, shall constitute an admission that he has violated the
provisions of this Act. In the event the appeal is from an order of the
local liquor control commissioner
denying a renewal application, the
licensee shall have on deposit with the local liquor control
commissioner an amount sufficient to cover the license fee for the
renewal period and any bond that may be required.
(Source: P.A. 88-613, eff. 1-1-95.)
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235 ILCS 5/7-10
(235 ILCS 5/7-10) (from Ch. 43, par. 154)
Sec. 7-10.
A copy of the rule, regulation, order or decision of the State
commission or the license appeal commission, in any proceeding before it,
certified under the seal of said commission, shall be served upon each
party of record to the proceeding before the commission and service upon
any attorney of record for any such party shall be deemed service upon such
party. Each party appearing before said commission shall enter his
appearance and indicate to the commission his address for the service of a
copy of any rule, regulation, order, decision or notice and the mailing of
a copy of any rule, regulation or order of said commission or of any notice
by said commission, in said proceeding, to said party at such address shall
be deemed service thereof upon such party.
Within 20 days after the service of any rule, regulation, order or
decision of said commission upon any party to the proceeding, such party
may apply for a rehearing in respect to any matters determined by said
commission. If a rehearing is granted, the commission shall hold the
rehearing and render a decision within 20 days from the filing of the
application for rehearing with the secretary of the commission. The time
for holding such rehearing and rendering a decision may be extended for a
period not to exceed 30 days, for good cause shown, and by notice in
writing to all parties of interest. No action for the judicial review of
any decision of said commission shall be allowed unless the party
commencing such action has first filed an application for a rehearing and
the commission has acted upon said application. Only one rehearing may be
granted by the commission on application of any one party.
(Source: P.A. 82-783.)
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235 ILCS 5/7-11
(235 ILCS 5/7-11) (from Ch. 43, par. 154a)
Sec. 7-11.
Judicial review.
All final administrative decisions of
the State Commission under this Act shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Judicial review may be requested by any party in
interest, including but not limited to the local liquor control
commissioner. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 86-1279.)
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235 ILCS 5/7-12
(235 ILCS 5/7-12) (from Ch. 43, par. 155)
Sec. 7-12.
Whenever any licensee shall have been convicted
by any court of a
wilful violation of any of the provisions of this Act, he shall, in
addition to the penalties for such offense, incur a forfeiture of his state
and local license and all moneys that have been paid therefor; the local
commission shall thereupon revoke his license or the State commission shall
revoke his license as the case may be.
(Source: P.A. 82-783.)
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235 ILCS 5/7-13
(235 ILCS 5/7-13) (from Ch. 43, par. 156)
Sec. 7-13.
Granting licenses after revocation; waiting period;
discretion. When any license shall have been revoked for any cause, no
license shall be granted to any person for the period of one year thereafter
for the conduct of the business of manufacturing, distributing, or selling
alcoholic liquor in the premises described in the revoked license unless the
revocation order has been vacated or unless the revocation order was entered as
to the licensee only.
Nothing in this Section shall prohibit the issuance of a retail license
authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the
primary
business of the restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a completely new
owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is located
operated the premises as a restaurant and held a valid retail license
authorizing the
sale of alcoholic liquor at the restaurant for at least part of the 24 months
before the
change of ownership, and (3) the restaurant is located 75 or more feet from a
school.
(Source: P.A. 91-623, eff. 1-1-00.)
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235 ILCS 5/7-14
(235 ILCS 5/7-14) (from Ch. 43, par. 157)
Sec. 7-14.
Separate license for each premise; transfer to other
premises. Licenses issued hereunder apply only to the premises
described in
the application and in the license issued thereon, and only one location
shall be so described in each license. After a license has been granted for
particular premises, the State Commission or the local commissioner, as the
case may be, upon proper showing, may endorse upon said license permission
to abandon the premises therein described and remove therefrom to other
premises approved by him or it, but in order to obtain such approval the
licensee shall file with the State Commission and local commissioner a
request in writing and a statement under oath which shall show that the
premises to which removal is to be made comply in all respects with the
requirements of this Act.
A transfer may only be requested to a premise within the same jurisdiction
that issued the original local liquor license.
(Source: P.A. 89-250, eff. 1-1-96.)
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235 ILCS 5/Art. VIIA
(235 ILCS 5/Art. VIIA heading)
ARTICLE VIIA.
WAREHOUSES
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235 ILCS 5/7A-1
(235 ILCS 5/7A-1) (from Ch. 43, par. 157a)
Sec. 7A-1.
For the purposes of this Article:
"Warehouse" means any room, house, structure, building, place, yard or
protected enclosure wherein personal property belonging to another is
stored for a compensation.
"Warehouseman" means any person, firm, partnership, association or
corporation owning, controlling, operating, managing or leasing any
warehouse within this State.
"For compensation" means any direct or indirect charge for storage.
(Source: P.A. 82-783.)
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235 ILCS 5/7A-2
(235 ILCS 5/7A-2) (from Ch. 43, par. 157b)
Sec. 7A-2.
On and after August 1, 1937, it shall be unlawful for any
warehouseman to receive, hold, store or deliver any alcoholic liquors
without a certificate of registration from the Department. Application for
a certificate of registration shall be made to the Department and shall
state: (1) The name of the applicant; (2) the address of his warehouse (if
he operates more than one such warehouse, he shall state the address of
each such warehouse). Upon the receipt of the application in proper form,
the Department shall issue to such applicant a certificate of registration
bearing a distinctive number which he shall conspicuously display on the
premises for which it is issued. The applications shall be made on forms
prepared and furnished by the Department and shall contain such other
information as the Department may reasonably require to carry out the
provisions of this Act.
(Source: P.A. 82-783.)
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235 ILCS 5/7A-3
(235 ILCS 5/7A-3) (from Ch. 43, par. 157c)
Sec. 7A-3.
It shall be unlawful for any person to store any alcoholic liquors
with or deliver any alcoholic liquors to any warehouseman who has not
received a certificate of registration from the Department.
(Source: P.A. 82-783.)
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235 ILCS 5/7A-4
(235 ILCS 5/7A-4) (from Ch. 43, par. 157d)
Sec. 7A-4.
On or before the fifteenth day of each calendar month, every
warehouseman holding a certificate of registration under this Article shall
file a return with the Department covering the preceding calendar month
stating:
1. The name of the warehouseman and the number of his certificate of
registration;
2. The address of the warehouse;
3. The name and address of each person from whom any alcoholic liquors
were actually or constructively received by him as a warehouseman, the date
on which same were so received, the number and size of the containers in
which any alcoholic liquors were so received, and the number and size of
the containers to the credit of each such person at the end of the
preceding calendar month; and
4. The name and address of each person to whom any alcoholic liquors
were actually or constructively delivered by him as a warehouseman, the
date on which same were so delivered, the number and size of the containers
in which any alcoholic liquors were so delivered and from whom any
alcoholic liquors so delivered were actually or constructively received.
(Source: P.A. 82-783.)
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235 ILCS 5/7A-5
(235 ILCS 5/7A-5) (from Ch. 43, par. 157e)
Sec. 7A-5.
Each warehouseman included in this Article shall
keep or cause to
be kept, at his registered address, a record showing all alcoholic liquors
actually or constructively received by him as a warehouseman, held, stored
or actually or constructively delivered by him as a warehouseman, the name
and address of the person depositing same, the name and address of the
person to whom delivered and any other information necessary to the proper
conduct of such warehouse. Such records shall, at all times during business
hours of the day, be subject to inspection by the Department or its duly
authorized agents and employees. Such records shall be preserved for a
period of two (2) years, unless the Department, in writing, authorizes
their destruction or disposal at an earlier date. Such records, reflecting
business done at any time after July 1, 1945, shall be preserved for a
period of three (3) years, unless the Department, in writing, authorizes
their destruction or disposal at an earlier date.
(Source: P.A. 82-783.)
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235 ILCS 5/7A-6
(235 ILCS 5/7A-6) (from Ch. 43, par. 157f)
Sec. 7A-6.
Any person who violates any of the provisions of this Article or
any of the rules and regulations of the Department for the administration
and enforcement of the provisions of this Article is guilty of a Class B
misdemeanor. In case of a continuing violation each day's continuance
thereof shall be a separate and distinct offense.
(Source: P.A. 82-783.)
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235 ILCS 5/Art. VIII
(235 ILCS 5/Art. VIII heading)
ARTICLE VIII.
TAXATION OF LIQUOR
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235 ILCS 5/8-1
(235 ILCS 5/8-1)
Sec. 8-1.
A tax is imposed upon the privilege of engaging in business as a
manufacturer or as an importing distributor of alcoholic liquor other than beer
at the rate of $0.185 per gallon until September 1, 2009 and $0.231 per gallon beginning September 1, 2009 for cider containing not less than
0.5% alcohol by volume nor more than 7% alcohol by volume, $0.73
per gallon until September 1, 2009 and $1.39 per gallon beginning September 1, 2009 for wine other than
cider containing less than 7% alcohol by volume, and $4.50
per gallon until September 1, 2009 and $8.55 per gallon beginning September 1, 2009 on alcohol and spirits manufactured and sold or used by such
manufacturer, or as agent for any other person, or sold or used by such
importing distributor, or as agent for any other person. A tax is imposed
upon the privilege of engaging in business as a manufacturer of beer or as an
importing distributor of beer at the rate of $0.185 per gallon until September 1, 2009 and $0.231 per gallon beginning September 1, 2009 on
all beer, regardless of alcohol by volume, manufactured and sold or used by such manufacturer, or as agent for
any other person, or sold or used by such importing distributor, or as agent
for any other person. Any brewer manufacturing beer in this State shall be
entitled to and given a credit or refund of 75% of the tax imposed on each
gallon of beer up to 4.9 million gallons per year in any given calendar year
for tax paid or payable on beer produced and sold in the State of Illinois.
For purposes of this Section, "beer" means beer, ale, porter, stout, and other similar fermented beverages of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. For the purpose of this Section, "cider" means any alcoholic beverage
obtained by the alcohol fermentation of the juice of apples or pears
including, but not limited to, flavored, sparkling, or carbonated cider.
The credit or refund created by this Act shall apply to all beer taxes
in the calendar years 1982 through 1986.
The increases made by this amendatory Act of the 91st General Assembly in
the rates of taxes imposed under this Section shall apply beginning on July
1, 1999.
A tax at the rate of 1¢ per gallon on beer and 48¢ per gallon on
alcohol and spirits is also imposed upon the privilege of engaging in
business as a retailer or as a distributor who is not also an importing
distributor with respect to all beer and all alcohol and spirits owned
or possessed by such retailer or distributor when this amendatory Act of
1969 becomes effective, and with respect to which the additional tax
imposed by this amendatory Act upon manufacturers and importing
distributors does not apply. Retailers and distributors who are subject
to the additional tax imposed by this paragraph of this Section shall be
required to inventory such alcoholic liquor and to pay this additional
tax in a manner prescribed by the Department.
The provisions of this Section shall be construed to apply to any
importing distributor engaging in business in this State, whether
licensed or not.
However, such tax is not imposed upon any such business as to any
alcoholic liquor shipped outside Illinois by an Illinois licensed
manufacturer or importing distributor, nor as to any alcoholic liquor
delivered in Illinois by an Illinois licensed manufacturer or importing
distributor to a purchaser for immediate transportation by the purchaser
to another state into which the purchaser has a legal right, under the
laws of such state, to import such alcoholic liquor, nor as to any
alcoholic liquor other than beer sold by one Illinois licensed
manufacturer or importing distributor to another Illinois licensed
manufacturer or importing distributor to the extent to which the sale of
alcoholic liquor other than beer by one Illinois licensed manufacturer
or importing distributor to another Illinois licensed manufacturer or
importing distributor is authorized by the licensing provisions of this
Act, nor to alcoholic liquor whether manufactured in or imported into
this State when sold to a "non-beverage user" licensed by the State for
use in the manufacture of any of the following when they are unfit for
beverage purposes:
Patent and proprietary medicines and medicinal, antiseptic, culinary
and toilet preparations;
Flavoring extracts and syrups and food products;
Scientific, industrial and chemical products, excepting denatured
alcohol;
Or for scientific, chemical, experimental or mechanical purposes;
Nor is the tax imposed upon the privilege of engaging in any business
in interstate commerce or otherwise, which business may not, under the
Constitution and Statutes of the United States, be made the subject of
taxation by this State.
The tax herein imposed shall be in addition to all other occupation
or privilege taxes imposed by the State of Illinois or political
subdivision thereof.
If any alcoholic liquor manufactured in or imported into this State
is sold to a licensed manufacturer or importing distributor by a
licensed manufacturer or importing distributor to be used solely as an
ingredient in the manufacture of any beverage for human consumption, the
tax imposed upon such purchasing manufacturer or importing distributor
shall be reduced by the amount of the taxes which have been paid by the
selling manufacturer or importing distributor under this Act as to such
alcoholic liquor so used to the Department of Revenue.
If any person received any alcoholic liquors from a manufacturer or
importing distributor, with respect to which alcoholic liquors no tax is
imposed under this Article, and such alcoholic liquor shall thereafter
be disposed of in such manner or under such circumstances as may cause
the same to become the base for the tax imposed by this Article, such
person shall make the same reports and returns, pay the same taxes and
be subject to all other provisions of this Article relating to
manufacturers and importing distributors.
Nothing in this Article shall be construed to require the payment to
the Department of the taxes imposed by this Article more than once with
respect to any quantity of alcoholic liquor sold or used within this
State.
No tax is imposed by this Act on sales of alcoholic liquor by
Illinois licensed foreign importers to Illinois licensed importing
distributors.
All of the proceeds of the additional tax imposed by Public Act 96-34 shall be deposited by the Department into the Capital Projects Fund. The remainder of the tax imposed by this Act shall be deposited by the Department into the General Revenue Fund. A manufacturer of beer that imports or transfers beer into this State must comply with the provisions of this Section with regard to the beer imported into this State. The provisions of this Section 8-1 are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19.)
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