HB1463sam001 98TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 5/27/2014

 

 


 

 


 
09800HB1463sam001LRB098 07279 RPS 60184 a

1
AMENDMENT TO HOUSE BILL 1463

2    AMENDMENT NO. ______. Amend House Bill 1463 on page 4, by
3replacing lines 11 through 25 with the following:
4    "If the premises for which a license was issued are located
5within a city, village, or incorporated town having a
6population of 1,000,000 or more inhabitants and the local
7liquor control commissioner has evidence that the following
8criminal activity has occurred inside the licensed premises:
9the sale of or possession with intent to sell controlled
10substances or marijuana, the sale of or possession with intent
11to sell firearms, homicide, criminal sexual assault or criminal
12sexual abuse, aggravated assault or aggravated battery, then
13the local liquor control commissioner may, without notice or
14hearing, and upon the issuance of a written order stating that
15the continued operation of the licensed premises poses an
16immediate threat to the health, safety, or welfare of the
17community, order the licensed premises closed for not more than
1830 days, giving the licensee an opportunity to be heard during

 

 

09800HB1463sam001- 2 -LRB098 07279 RPS 60184 a

1that period. If the licensee is granted a continuance during
2this time, the licensed premises shall remain closed until a
3judgment is entered. Notwithstanding the foregoing, the
4licensed premises will be allowed to remain open if the
5criminal activity is timely reported by the licensee, or its
6agents, pursuant to local ordinance, and the criminal activity
7shall not be used as a basis for suspension under this Act. A
8distributor may, in coordination with the local liquor control
9commissioner and the local police department, remove any
10product from the licensed premises for which the distributor
11has not received full payment from the licensee at the time of
12the closure of the premises. The distributor shall provide the
13local liquor control commissioner with a document outlining the
14products for which full payment has not been received.".