Full Text of HB6654 93rd General Assembly
HB6654 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6654
Introduced 02/09/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/7-5 |
from Ch. 43, par. 149 |
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Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor
Control Commission shall refuse the issuance or renewal of a license if the
licensee or license applicant has violated certain provisions of the Retailers'
Occupation Tax Act concerning the filing of returns. Provides that the
Illinois Liquor Control Commission shall suspend or revoke (now revoke) the
license of a licensee who has violated certain provisions of the Retailers'
Occupation Tax Act concerning the filing of returns.
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A BILL FOR
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HB6654 |
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LRB093 18776 LRD 44508 b |
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| AN ACT concerning alcoholic liquor.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 7-5
as follows:
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| (235 ILCS 5/7-5) (from Ch. 43, par. 149)
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| Sec. 7-5. The local liquor control commissioner may revoke | 8 |
| or suspend any
license issued by him if he determines that the | 9 |
| licensee has violated any
of the provisions of this Act or of | 10 |
| any valid ordinance or resolution
enacted by the particular | 11 |
| city council, president, or board of trustees or
county board | 12 |
| (as the case may be) or any applicable rule or regulations
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| established by the local liquor control commissioner or the | 14 |
| State
commission which is not inconsistent with law.
Upon | 15 |
| notification by the Illinois Department of Revenue, the State | 16 |
| Commission
shall refuse the issuance or renewal of a license or | 17 |
| suspend or revoke any
license issued by it if the licensee or | 18 |
| license applicant has violated the
provisions of Section 3
of | 19 |
| the Retailers' Occupation Tax Act. In addition to the | 20 |
| suspension, the local
liquor control commissioner in any county | 21 |
| or municipality may levy a fine on
the licensee for such | 22 |
| violations. The fine imposed shall not exceed $1000 for a
first | 23 |
| violation within a 12-month period, $1,500 for a second | 24 |
| violation within
a 12-month period, and $2,500 for a third or | 25 |
| subsequent violation within a
12-month period. Each day on | 26 |
| which a violation continues shall constitute a
separate | 27 |
| violation. Not more than $15,000 in fines under this Section | 28 |
| may be
imposed against any licensee during the period of his | 29 |
| license. Proceeds from
such fines shall be paid into the | 30 |
| general corporate fund of the county or
municipal treasury, as | 31 |
| the case may be.
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| However, no such license shall be so revoked or suspended |
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HB6654 |
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LRB093 18776 LRD 44508 b |
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| and no licensee
shall be fined except after a public hearing by | 2 |
| the local liquor control
commissioner with a 3 day written | 3 |
| notice to the licensee
affording the licensee an opportunity to | 4 |
| appear and defend.
All such
hearings shall be open to the | 5 |
| public and the local liquor control
commissioner shall reduce | 6 |
| all evidence to writing and shall maintain an
official record | 7 |
| of the proceedings. If the local liquor control
commissioner | 8 |
| has reason to believe that any continued operation of a
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| particular licensed premises will immediately threaten the | 10 |
| welfare of the
community he may, upon the issuance of a written | 11 |
| order stating the reason
for such conclusion and without notice | 12 |
| or hearing order the licensed
premises closed for not more than | 13 |
| 7 days, giving the licensee an
opportunity to be heard during | 14 |
| that period, except that if such licensee
shall also be engaged | 15 |
| in the conduct of another business or businesses on
the | 16 |
| licensed premises such order shall not be applicable to such | 17 |
| other
business or businesses.
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| The local liquor control commissioner shall within 5 days | 19 |
| after such
hearing, if he determines after such hearing that | 20 |
| the license should be
revoked or suspended or that the licensee | 21 |
| should be fined, state the reason
or reasons for such | 22 |
| determination in
a written order, and either the amount of the | 23 |
| fine, the period of suspension,
or that the license has been | 24 |
| revoked,
and shall serve a copy of such
order within the 5 days | 25 |
| upon the licensee.
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| If the premises for which the license was issued are | 27 |
| located outside of
a city, village or incorporated town having | 28 |
| a population of 500,000 or more
inhabitants, the licensee after | 29 |
| the receipt of such order of suspension or
revocation shall | 30 |
| have the privilege within a period of 20 days after the
receipt | 31 |
| of such order of suspension or revocation of appealing the | 32 |
| order to
the State commission for a decision sustaining, | 33 |
| reversing or modifying the
order of the local liquor control | 34 |
| commissioner. If the State commission
affirms the local | 35 |
| commissioner's order to suspend or revoke the license at
the | 36 |
| first hearing, the appellant shall cease to engage in the |
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HB6654 |
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LRB093 18776 LRD 44508 b |
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| business for
which the license was issued, until the local | 2 |
| commissioner's order is
terminated by its own provisions or | 3 |
| reversed upon rehearing or by the
courts.
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| If the premises for which the license was issued are | 5 |
| located within a
city, village or incorporated town having a | 6 |
| population of 500,000 or more
inhabitants, the licensee shall | 7 |
| have the privilege, within a period of 20 days
after the
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| receipt of such order of fine, suspension or revocation, of | 9 |
| appealing the order
to
the local license appeal commission and | 10 |
| upon the filing of such an appeal
by the licensee the license | 11 |
| appeal commission shall determine the appeal
upon certified | 12 |
| record of proceedings of the local liquor commissioner in
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| accordance with the provisions of Section 7-9. Within 30
days | 14 |
| after such appeal was heard the license appeal
commission shall
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| render a decision sustaining or reversing
the order of the | 16 |
| local liquor
control commissioner.
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| (Source: P.A. 93-22, eff. 6-20-03.)
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