Public Act 098-1054
 
HB1463 EnrolledLRB098 07279 MGM 37342 b


  
    AN ACT concerning liquor.
  
 
    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.
Upon 
notification by the Illinois Department of Revenue, the State

Commission, in accordance with Section 3-12, may refuse the 
issuance or renewal of a license, fine a licensee, or suspend 
or revoke any license issued by the State Commission if the 
licensee or license applicant has
violated the
provisions of 
Section 3 of the Retailers' Occupation Tax Act.
 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

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 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.

    If the premises for which a license was issued are located 
within a city, village, or incorporated town having a 
population of 1,000,000 or more inhabitants and the local 
liquor control commissioner has evidence that the following 
criminal activity has occurred inside the licensed premises: 
the sale of or possession with intent to sell controlled 
substances or marijuana, the sale of or possession with intent 
to sell firearms, homicide, criminal sexual assault or criminal 
sexual abuse, aggravated assault or aggravated battery, then 
the local liquor control commissioner may, without notice or 
hearing, and upon the issuance of a written order stating that 
the continued operation of the licensed premises poses an 
immediate threat to the health, safety, or welfare of the 
community, order the licensed premises closed for a period of 
not more than 30 days, giving the licensee an opportunity to be 
heard during that period. Upon receipt of evidence of the 
criminal activity by the local liquor control commissioner, the 
name of the licensee and the address of the licensed premises 
where the criminal activity is alleged to have occurred may be 
submitted by the local liquor control commissioner to the State 
Commission. If such information is received by the State 
Commission, then the State Commission must post that 
information in each of its offices in places available for 
public inspection not later than the day following the State 
Commission's receipt of the information. If the licensee is 
granted a continuance during the period of time the licensed 
premises is ordered to be closed, the licensed premises shall 
remain closed until a judgment is entered. Notwithstanding the 
foregoing, the licensed premises will be allowed to remain open 
if the criminal activity is timely reported by the licensee, or 
its agents, pursuant to local ordinance, and the criminal 
activity shall not be used as a basis for suspension under this 
Act. A distributor may, in coordination with the local liquor 
control commissioner and the local police department, remove 
any product from the licensed premises for which the 
distributor has not received full payment from the licensee at 
the time of the closure of the premises. The distributor shall 
provide the local liquor control commissioner with a document 
outlining the products for which full payment has not been 
received. 
(Source: P.A. 95-331, eff. 8-21-07.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.