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90_HB2947
235 ILCS 5/7-5 from Ch. 43, par. 149
Amends the Liquor Control Act of 1934. Provides that a
determination by the local liquor control commissioner that
the continued operation of a licensed premises poses an
immediate threat to the welfare of the community is not
subject to review by a circuit court and may be reviewed only
by the State Commission.
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1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 7-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 7-5 as follows:
7 (235 ILCS 5/7-5) (from Ch. 43, par. 149)
8 Sec. 7-5. The local liquor control commissioner may
9 revoke or suspend any license issued by him if he determines
10 that the licensee has violated any of the provisions of this
11 Act or of any valid ordinance or resolution enacted by the
12 particular city council, president, or board of trustees or
13 county board (as the case may be) or any applicable rule or
14 regulations established by the local liquor control
15 commissioner or the State commission which is not
16 inconsistent with law. In addition to the suspension, the
17 local liquor control commissioner in any county or
18 municipality may levy a fine on the licensee for such
19 violations. The fine imposed shall not exceed $1000 for each
20 violation; each day on which a violation continues shall
21 constitute a separate violation. Not more than $10,000 in
22 fines under this Section may be imposed against any licensee
23 during the period of his license. Proceeds from such fines
24 shall be paid into the general corporate fund of the county
25 or municipal treasury, as the case may be.
26 However, no such license shall be so revoked or suspended
27 and no licensee shall be fined except after a public hearing
28 by the local liquor control commissioner with a 3 day written
29 notice to the licensee affording the licensee an opportunity
30 to appear and defend. All such hearings shall be open to the
31 public and the local liquor control commissioner shall reduce
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1 all evidence to writing and shall maintain an official record
2 of the proceedings. If the local liquor control commissioner
3 has reason to believe that any continued operation of a
4 particular licensed premises will immediately threaten the
5 welfare of the community he may, upon the issuance of a
6 written order stating the reason for such conclusion and
7 without notice or hearing order the licensed premises closed
8 for not more than 7 days, giving the licensee an opportunity
9 to be heard during that period, except that if such licensee
10 shall also be engaged in the conduct of another business or
11 businesses on the licensed premises such order shall not be
12 applicable to such other business or businesses. The
13 determination of immediate threat to the welfare of a
14 community shall not be subject to review by a circuit court
15 pursuant to the Illinois Code of Civil Procedure regarding
16 temporary restraining orders or preliminary injunctions and
17 may be reviewed only by the State Commission pursuant to
18 Section 7-9.
19 The local liquor control commissioner shall within 5 days
20 after such hearing, if he determines after such hearing that
21 the license should be revoked or suspended or that the
22 licensee should be fined, state the reason or reasons for
23 such determination in a written order, and either the amount
24 of the fine, the period of suspension, or that the license
25 has been revoked, and shall serve a copy of such order within
26 the 5 days upon the licensee.
27 If the premises for which the license was issued are
28 located outside of a city, village or incorporated town
29 having a population of 500,000 or more inhabitants, the
30 licensee after the receipt of such order of suspension or
31 revocation shall have the privilege within a period of 20
32 days after the receipt of such order of suspension or
33 revocation of appealing the order to the State commission for
34 a decision sustaining, reversing or modifying the order of
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1 the local liquor control commissioner. If the State
2 commission affirms the local commissioner's order to suspend
3 or revoke the license at the first hearing, the appellant
4 shall cease to engage in the business for which the license
5 was issued, until the local commissioner's order is
6 terminated by its own provisions or reversed upon rehearing
7 or by the courts.
8 If the premises for which the license was issued are
9 located within a city, village or incorporated town having a
10 population of 500,000 or more inhabitants, the licensee shall
11 have the privilege, within a period of 20 days after the
12 receipt of such order of fine, suspension or revocation, of
13 appealing the order to the local license appeal commission
14 and upon the filing of such an appeal by the licensee the
15 license appeal commission shall determine the appeal upon
16 certified record of proceedings of the local liquor
17 commissioner in accordance with the provisions of Section
18 7-9. Within 30 days after such appeal was heard the license
19 appeal commission shall render a decision sustaining or
20 reversing the order of the local liquor control commissioner.
21 (Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)