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Public Act 91-0854
HB4043 Enrolled LRB9111753LDpk
AN ACT to amend the Liquor Control Act of 1934 by
changing Section 7-5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 7-5 as follows:
(235 ILCS 5/7-5) (from Ch. 43, par. 149)
Sec. 7-5. The local liquor control commissioner may
revoke or suspend any license issued by him if he determines
that the licensee has violated any of the provisions of this
Act or of any valid ordinance or resolution enacted by the
particular city council, president, or board of trustees or
county board (as the case may be) or any applicable rule or
regulations established by the local liquor control
commissioner or the State commission which is not
inconsistent with law. In addition to the suspension, the
local liquor control commissioner in any county or
municipality may levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1000 for a
first each violation within a 12-month period, $1,500 for a
second violation within a 12-month period, and $2,500 for a
third or subsequent violation within a 12-month period. ;
Each day on which a violation continues shall constitute a
separate violation. Not more than $15,000 $10,000 in fines
under this Section may be imposed against any licensee during
the period of his license. Proceeds from such fines shall be
paid into the general corporate fund of the county or
municipal treasury, as the case may be.
However, no such license shall be so revoked or suspended
and no licensee shall be fined except after a public hearing
by the local liquor control commissioner with a 3 day written
notice to the licensee affording the licensee an opportunity
to appear and defend. All such hearings shall be open to the
public and the local liquor control commissioner shall reduce
all evidence to writing and shall maintain an official record
of the proceedings. If the local liquor control commissioner
has reason to believe that any continued operation of a
particular licensed premises will immediately threaten the
welfare of the community he may, upon the issuance of a
written order stating the reason for such conclusion and
without notice or hearing order the licensed premises closed
for not more than 7 days, giving the licensee an opportunity
to be heard during that period, except that if such licensee
shall also be engaged in the conduct of another business or
businesses on the licensed premises such order shall not be
applicable to such other business or businesses.
The local liquor control commissioner shall within 5 days
after such hearing, if he determines after such hearing that
the license should be revoked or suspended or that the
licensee should be fined, state the reason or reasons for
such determination in a written order, and either the amount
of the fine, the period of suspension, or that the license
has been revoked, and shall serve a copy of such order within
the 5 days upon the licensee.
If the premises for which the license was issued are
located outside of a city, village or incorporated town
having a population of 500,000 or more inhabitants, the
licensee after the receipt of such order of suspension or
revocation shall have the privilege within a period of 20
days after the receipt of such order of suspension or
revocation of appealing the order to the State commission for
a decision sustaining, reversing or modifying the order of
the local liquor control commissioner. If the State
commission affirms the local commissioner's order to suspend
or revoke the license at the first hearing, the appellant
shall cease to engage in the business for which the license
was issued, until the local commissioner's order is
terminated by its own provisions or reversed upon rehearing
or by the courts.
If the premises for which the license was issued are
located within a city, village or incorporated town having a
population of 500,000 or more inhabitants, the licensee shall
have the privilege, within a period of 20 days after the
receipt of such order of fine, suspension or revocation, of
appealing the order to the local license appeal commission
and upon the filing of such an appeal by the licensee the
license appeal commission shall determine the appeal upon
certified record of proceedings of the local liquor
commissioner in accordance with the provisions of Section
7-9. Within 30 days after such appeal was heard the license
appeal commission shall render a decision sustaining or
reversing the order of the local liquor control commissioner.
(Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)
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