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91_HB1700enr
HB1700 Enrolled LRB9103063LDmb
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 3-12 and 7-6.
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 Sections 3-12 and 7-6 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 Sec. 3-12. (a) The State commission shall have the
9 following powers, functions and duties:
10 (1) To receive applications and to issue licenses to
11 manufacturers, foreign importers, importing distributors,
12 distributors, non-resident dealers, on premise consumption
13 retailers, off premise sale retailers, special event retailer
14 licensees, special use permit licenses, auction liquor
15 licenses, brew pubs, caterer retailers, non-beverage users,
16 railroads, including owners and lessees of sleeping, dining
17 and cafe cars, airplanes, boats, brokers, and wine maker's
18 retail licensees in accordance with the provisions of this
19 Act, and to suspend or revoke such licenses upon the State
20 commission's determination, upon notice after hearing, that a
21 licensee has violated any provision of this Act or any rule
22 or regulation issued pursuant thereto and in effect for 30
23 days prior to such violation.
24 In lieu of suspending or revoking a license, the
25 commission may impose a fine, upon the State commission's
26 determination and notice after hearing, that a licensee has
27 violated any provision of this Act or any rule or regulation
28 issued pursuant thereto and in effect for 30 days prior to
29 such violation. The fine imposed under this paragraph may
30 not exceed $500 for each violation. Each day that the
31 activity, which gave rise to the original fine, continues is
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1 a separate violation. The maximum fine that may be levied
2 against any licensee, for the period of the license, shall
3 not exceed $20,000. The maximum penalty that may be imposed
4 on a licensee for selling a bottle of alcoholic liquor with a
5 foreign object in it or serving from a bottle of alcoholic
6 liquor with a foreign object in it shall be the destruction
7 of that bottle of alcoholic liquor for the first 10 bottles
8 so sold or served from by the licensee. For the eleventh
9 bottle of alcoholic liquor and for each third bottle
10 thereafter sold or served from by the licensee with a foreign
11 object in it, the maximum penalty that may be imposed on the
12 licensee is the destruction of the bottle of alcoholic liquor
13 and a fine of up to $50.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 in this State where alcoholic liquors are manufactured,
33 distributed, warehoused, or sold.
34 (5.1) Upon receipt of a complaint or upon having
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1 knowledge that any person is engaged in business as a
2 manufacturer, importing distributor, distributor, or retailer
3 without a license or valid license, to notify the local
4 liquor authority, file a complaint with the State's
5 Attorney's Office of the county where the incident occurred,
6 or initiate an investigation with the appropriate law
7 enforcement officials.
8 (5.2) To issue a cease and desist notice to persons
9 shipping alcoholic liquor into this State from a point
10 outside of this State if the shipment is in violation of this
11 Act.
12 (5.3) To receive complaints from licensees, local
13 officials, law enforcement agencies, organizations, and
14 persons stating that any licensee has been or is violating
15 any provision of this Act or the rules and regulations issued
16 pursuant to this Act. Such complaints shall be in writing,
17 signed and sworn to by the person making the complaint, and
18 shall state with specificity the facts in relation to the
19 alleged violation. If the Commission has reasonable grounds
20 to believe that the complaint substantially alleges a
21 violation of this Act or rules and regulations adopted
22 pursuant to this Act, it shall conduct an investigation. If,
23 after conducting an investigation, the Commission is
24 satisfied that the alleged violation did occur, it shall
25 proceed with disciplinary action against the licensee as
26 provided in this Act.
27 (6) To hear and determine appeals from orders of a local
28 commission in accordance with the provisions of this Act, as
29 hereinafter set forth. Hearings under this subsection shall
30 be held in Springfield or Chicago, at whichever location is
31 the more convenient for the majority of persons who are
32 parties to the hearing.
33 (7) The commission shall establish uniform systems of
34 accounts to be kept by all retail licensees having more than
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1 4 employees, and for this purpose the commission may classify
2 all retail licensees having more than 4 employees and
3 establish a uniform system of accounts for each class and
4 prescribe the manner in which such accounts shall be kept.
5 The commission may also prescribe the forms of accounts to be
6 kept by all retail licensees having more than 4 employees,
7 including but not limited to accounts of earnings and
8 expenses and any distribution, payment, or other distribution
9 of earnings or assets, and any other forms, records and
10 memoranda which in the judgment of the commission may be
11 necessary or appropriate to carry out any of the provisions
12 of this Act, including but not limited to such forms, records
13 and memoranda as will readily and accurately disclose at all
14 times the beneficial ownership of such retail licensed
15 business. The accounts, forms, records and memoranda shall
16 be available at all reasonable times for inspection by
17 authorized representatives of the State commission or by any
18 local liquor control commissioner or his or her authorized
19 representative. The commission, may, from time to time,
20 alter, amend or repeal, in whole or in part, any uniform
21 system of accounts, or the form and manner of keeping
22 accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to examine, or cause to be examined, under
25 oath, any licensee, and to examine or cause to be examined
26 the books and records of such licensee; to hear testimony and
27 take proof material for its information in the discharge of
28 its duties hereunder; to administer or cause to be
29 administered oaths; and for any such purpose to issue
30 subpoena or subpoenas to require the attendance of witnesses
31 and the production of books, which shall be effective in any
32 part of this State.
33 Any Circuit Court may by order duly entered, require the
34 attendance of witnesses and the production of relevant books
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1 subpoenaed by the State commission and the court may compel
2 obedience to its order by proceedings for contempt.
3 (9) To investigate the administration of laws in
4 relation to alcoholic liquors in this and other states and
5 any foreign countries, and to recommend from time to time to
6 the Governor and through him or her to the legislature of
7 this State, such amendments to this Act, if any, as it may
8 think desirable and as will serve to further the general
9 broad purposes contained in Section 1-2 hereof.
10 (10) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary for the
12 control, sale or disposition of alcoholic liquor damaged as a
13 result of an accident, wreck, flood, fire or other similar
14 occurrence.
15 (11) To develop industry educational programs related to
16 responsible serving and selling, particularly in the areas of
17 overserving consumers and illegal underage purchasing and
18 consumption of alcoholic beverages.
19 (12) To develop and maintain a repository of license and
20 regulatory information.
21 (13) On or before January 15, 1994, the Commission shall
22 issue a written report to the Governor and General Assembly
23 that is to be based on a comprehensive study of the impact on
24 and implications for the State of Illinois of Section 1926 of
25 the Federal ADAMHA Reorganization Act of 1992 (Public Law
26 102-321). This study shall address the extent to which
27 Illinois currently complies with the provisions of P.L.
28 102-321 and the rules promulgated pursuant thereto.
29 As part of its report, the Commission shall provide the
30 following essential information:
31 (i) the number of retail distributors of tobacco
32 products, by type and geographic area, in the State;
33 (ii) the number of reported citations and
34 successful convictions, categorized by type and location
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1 of retail distributor, for violation of the Sale of
2 Tobacco to Minors Act and the Smokeless Tobacco
3 Limitation Act;
4 (iii) the extent and nature of organized
5 educational and governmental activities that are intended
6 to promote, encourage or otherwise secure compliance with
7 any Illinois laws that prohibit the sale or distribution
8 of tobacco products to minors; and
9 (iv) the level of access and availability of
10 tobacco products to individuals under the age of 18.
11 To obtain the data necessary to comply with the
12 provisions of P.L. 102-321 and the requirements of this
13 report, the Commission shall conduct random, unannounced
14 inspections of a geographically and scientifically
15 representative sample of the State's retail tobacco
16 distributors.
17 The Commission shall consult with the Department of
18 Public Health, the Department of Human Services, the Illinois
19 State Police and any other executive branch agency, and
20 private organizations that may have information relevant to
21 this report.
22 The Commission may contract with the Food and Drug
23 Administration of the U.S. Department of Health and Human
24 Services to conduct unannounced investigations of Illinois
25 tobacco vendors to determine compliance with federal laws
26 relating to the illegal sale of cigarettes and smokeless
27 tobacco products to persons under the age of 18.
28 (b) On or before April 30, 1999, the Commission shall
29 present a written report to the Governor and the General
30 Assembly that shall be based on a study of the impact of this
31 amendatory Act of 1998 on the business of soliciting,
32 selling, and shipping alcoholic liquor from outside of this
33 State directly to residents of this State.
34 As part of its report, the Commission shall provide the
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1 following information:
2 (i) the amount of State excise and sales tax
3 revenues generated as a result of this amendatory Act of
4 1998;
5 (ii) the amount of licensing fees received as a
6 result of this amendatory Act of 1998;
7 (iii) the number of reported violations, the number
8 of cease and desist notices issued by the Commission, the
9 number of notices of violations issued to the Department
10 of Revenue, and the number of notices and complaints of
11 violations to law enforcement officials.
12 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
13 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)
14 (235 ILCS 5/7-6) (from Ch. 43, par. 150)
15 Sec. 7-6. All proceedings for the revocation or
16 suspension of licenses of manufacturers, distributors,
17 importing distributors, non-resident dealers, foreign
18 importers, non-beverage users, railroads, airplanes and boats
19 shall be before the State Commission. All such proceedings
20 and all proceedings for the revocation or suspension of a
21 retailer's license before the State commission shall be in
22 accordance with rules and regulations established by it not
23 inconsistent with law. However, no such license shall be so
24 revoked or suspended except after a hearing by the State
25 commission with reasonable notice to the licensee served by
26 registered or certified mail with return receipt requested at
27 least 10 5 days prior to the hearings at the last known place
28 of business of the licensee and after an opportunity to
29 appear and defend. Such notice shall specify the time and
30 place of the hearing, and the nature of the charges, the
31 specific provisions of the Act and rules violated, and the
32 specific facts supporting the charges or violation. The
33 findings of the Commission shall be predicated upon competent
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1 evidence. The revocation of a local license shall
2 automatically result in the revocation of a State license.
3 All procedures for the suspension or revocation of a license,
4 as enumerated above, are applicable to the levying of fines
5 for violations of this Act or any rule or regulation issued
6 pursuant thereto.
7 (Source: P.A. 82-783.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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