HB5633ham001 93RD GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 4/2/2004

09300HB5633ham001 LRB093 16852 LRD 49548 a

AMENDMENT TO HOUSE BILL 5633

AMENDMENT NO. ______. Amend House Bill 5633 by replacing everything after the enacting clause with the following:

"Section 5. The Liquor Control Act of 1934 is amended by changing Section 4-1 as follows:

(235 ILCS 5/4-1) (from Ch. 43, par. 110)

Sec. 4-1. In every city, village or incorporated town, the city council or president and board of trustees, and in counties in respect of territory outside the limits of any such city, village or incorporated town the county board shall have the power by general ordinance or resolution to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor not inconsistent with this Act and the amount of the local licensee fees to be paid for the various kinds of licenses to be issued in their political subdivision, except those issued to the specific non-beverage users exempt from payment of license fees under Section 5-3 which shall be issued without payment of any local license fees, and the manner of distribution of such fees after their collection; to regulate or prohibit the presence of persons under the age of 21 on the premises of licensed retail establishments of various kinds and classifications where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; to prohibit any minor from drawing, pouring, or mixing any alcoholic liquor as an employee of any retail licensee; and to prohibit any minor from at any time attending any bar and from drawing, pouring or mixing any alcoholic liquor in any licensed retail premises; and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and to provide penalties for the violation of regulations and restrictions, including those made by county boards, relative to operation under local licenses; provided, however, that in the exercise of any of the powers granted in this section, the issuance of such licenses shall not be prohibited except for reasons specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.

However, in any municipality with a population exceeding 1,000,000 that has adopted the form of government authorized under "An Act concerning cities, villages, and incorporated towns, and to repeal certain Acts herein named", approved August 15, 1941, as amended, no person shall be granted any license or privilege to sell alcoholic liquors between the hours of two o'clock a.m. and seven o'clock a.m. on week days nor between the hours of three o'clock a.m. and twelve o'clock noon on Sundays unless such person has given at least 14 days prior written notice to the alderman of the ward in which such person's licensed premises are located stating his intention to make application for such license or privilege and unless evidence confirming service of such written notice is included in such application. Any license or privilege granted in violation of this paragraph shall be null and void.

Notwithstanding any provision in this Section to the contrary, in addition to the local liquor control commissioner, the President of the Cook County Board of Commissioners may authorize the sale of alcoholic liquor under a special event retailer's license, for a duration not to exceed one day, on property that is located within the boundaries of a municipality if (1) the property is located within a forest preserve district that is located within Cook County, (2) the President of the Cook County Board of Commissioners notifies the local liquor control commissioner of the municipality within 7 days after receiving an application to sell alcoholic liquor under a special event retailer's license on the property that he or she has received the application, (3) the President of the Cook County Board of Commissioners notifies the local liquor control commissioner of the municipality of his or her intent to authorize the sale of alcoholic liquor under a special event retailer's license at least 14 days before authorizing that sale of alcoholic liquor, and (4) the local liquor control commissioner of the municipality delegates the authority to issue the one-day special event retailer's license to the President of the Cook County Board of Commissioners for this limited purpose. If the President of the Cook County Board of Commissioners authorizes the sale of alcoholic liquor under a special event retailer's license, the local liquor control commissioner for the territory covered by the license shall have the same powers and duties under this Act as if the local liquor control commissioner had authorized the sale of alcoholic liquor.

(Source: P.A. 85-156.)

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