Illinois General Assembly - Full Text of HB1463
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Full Text of HB1463  98th General Assembly




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1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 7-5 as follows:
6    (235 ILCS 5/7-5)  (from Ch. 43, par. 149)
7    Sec. 7-5. The local liquor control commissioner may revoke
8or suspend any license issued by him if he determines that the
9licensee has violated any of the provisions of this Act or of
10any valid ordinance or resolution enacted by the particular
11city council, president, or board of trustees or county board
12(as the case may be) or any applicable rule or regulations
13established by the local liquor control commissioner or the
14State commission which is not inconsistent with law. Upon
15notification by the Illinois Department of Revenue, the State
16Commission, in accordance with Section 3-12, may refuse the
17issuance or renewal of a license, fine a licensee, or suspend
18or revoke any license issued by the State Commission if the
19licensee or license applicant has violated the provisions of
20Section 3 of the Retailers' Occupation Tax Act. In addition to
21the suspension, the local liquor control commissioner in any
22county or municipality may levy a fine on the licensee for such
23violations. The fine imposed shall not exceed $1000 for a first



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1violation within a 12-month period, $1,500 for a second
2violation within a 12-month period, and $2,500 for a third or
3subsequent violation within a 12-month period. Each day on
4which a violation continues shall constitute a separate
5violation. Not more than $15,000 in fines under this Section
6may be imposed against any licensee during the period of his
7license. Proceeds from such fines shall be paid into the
8general corporate fund of the county or municipal treasury, as
9the case may be.
10    However, no such license shall be so revoked or suspended
11and no licensee shall be fined except after a public hearing by
12the local liquor control commissioner with a 3 day written
13notice to the licensee affording the licensee an opportunity to
14appear and defend. All such hearings shall be open to the
15public and the local liquor control commissioner shall reduce
16all evidence to writing and shall maintain an official record
17of the proceedings. If the local liquor control commissioner
18has reason to believe that any continued operation of a
19particular licensed premises will immediately threaten the
20welfare of the community he may, upon the issuance of a written
21order stating the reason for such conclusion and without notice
22or hearing order the licensed premises closed for not more than
237 days, giving the licensee an opportunity to be heard during
24that period, except that if such licensee shall also be engaged
25in the conduct of another business or businesses on the
26licensed premises such order shall not be applicable to such



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1other business or businesses.
2    The local liquor control commissioner shall within 5 days
3after such hearing, if he determines after such hearing that
4the license should be revoked or suspended or that the licensee
5should be fined, state the reason or reasons for such
6determination in a written order, and either the amount of the
7fine, the period of suspension, or that the license has been
8revoked, and shall serve a copy of such order within the 5 days
9upon the licensee.
10    If the premises for which the license was issued are
11located outside of a city, village or incorporated town having
12a population of 500,000 or more inhabitants, the licensee after
13the receipt of such order of suspension or revocation shall
14have the privilege within a period of 20 days after the receipt
15of such order of suspension or revocation of appealing the
16order to the State commission for a decision sustaining,
17reversing or modifying the order of the local liquor control
18commissioner. If the State commission affirms the local
19commissioner's order to suspend or revoke the license at the
20first hearing, the appellant shall cease to engage in the
21business for which the license was issued, until the local
22commissioner's order is terminated by its own provisions or
23reversed upon rehearing or by the courts.
24    If the premises for which the license was issued are
25located within a city, village or incorporated town having a
26population of 500,000 or more inhabitants, the licensee shall



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1have the privilege, within a period of 20 days after the
2receipt of such order of fine, suspension or revocation, of
3appealing the order to the local license appeal commission and
4upon the filing of such an appeal by the licensee the license
5appeal commission shall determine the appeal upon certified
6record of proceedings of the local liquor commissioner in
7accordance with the provisions of Section 7-9. Within 30 days
8after such appeal was heard the license appeal commission shall
9render a decision sustaining or reversing the order of the
10local liquor control commissioner.
11    If the premises for which a license was issued are located
12within a city, village, or incorporated town having a
13population of 1,000,000 or more inhabitants and the local
14liquor control commissioner has evidence that the following
15criminal activity has occurred inside the licensed premises:
16the sale of or possession with intent to sell controlled
17substances or marijuana, the sale of or possession with intent
18to sell firearms, homicide, criminal sexual assault or criminal
19sexual abuse, aggravated assault or aggravated battery, then
20the local liquor control commissioner may, without notice or
21hearing, and upon the issuance of a written order stating that
22the continued operation of the licensed premises poses an
23immediate threat to the health, safety, or welfare of the
24community, order the licensed premises closed for a period of
25not more than 30 days, giving the licensee an opportunity to be
26heard during that period. Upon receipt of evidence of the



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1criminal activity by the local liquor control commissioner, the
2name of the licensee and the address of the licensed premises
3where the criminal activity is alleged to have occurred may be
4submitted by the local liquor control commissioner to the State
5Commission. If such information is received by the State
6Commission, then the State Commission must post that
7information in each of its offices in places available for
8public inspection not later than the day following the State
9Commission's receipt of the information. If the licensee is
10granted a continuance during the period of time the licensed
11premises is ordered to be closed, the licensed premises shall
12remain closed until a judgment is entered. Notwithstanding the
13foregoing, the licensed premises will be allowed to remain open
14if the criminal activity is timely reported by the licensee, or
15its agents, pursuant to local ordinance, and the criminal
16activity shall not be used as a basis for suspension under this
17Act. A distributor may, in coordination with the local liquor
18control commissioner and the local police department, remove
19any product from the licensed premises for which the
20distributor has not received full payment from the licensee at
21the time of the closure of the premises. The distributor shall
22provide the local liquor control commissioner with a document
23outlining the products for which full payment has not been
25(Source: P.A. 95-331, eff. 8-21-07.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.