Full Text of HB6654 93rd General Assembly
HB6654eng 93RD GENERAL ASSEMBLY
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HB6654 Engrossed |
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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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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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| 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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