Full Text of SB2292 93rd General Assembly
SB2292 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2292
Introduced 1/28/2004, by Denny Jacobs SYNOPSIS AS INTRODUCED: |
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Amends the Liquor Control Act of 1934. Provides that a licensee who is the subject of an enforcement action and is found to be in compliance with the Act shall be notified that he or she was found to be in compliance within 30 days of the enforcement action. |
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A BILL FOR
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SB2292 |
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LRB093 19620 LRD 45361 b |
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| AN ACT in relation to alcohol.
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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
6-16.1 as follows:
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| (235 ILCS 5/6-16.1)
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| Sec. 6-16.1. Enforcement actions.
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| (a) A licensee or an officer, associate,
member, | 9 |
| representative, agent, or employee of a licensee may sell, | 10 |
| give, or
deliver alcoholic liquor to a person under the age of | 11 |
| 21 years or authorize the
sale, gift, or delivery of alcoholic | 12 |
| liquor to a person under the age of 21
years pursuant to a plan | 13 |
| or action to investigate, patrol, or otherwise conduct
a "sting | 14 |
| operation" or enforcement action against a person employed by | 15 |
| the
licensee or on any licensed premises if the licensee or | 16 |
| officer, associate,
member, representative, agent, or employee | 17 |
| of the licensee provides written
notice, at least 14 days | 18 |
| before the "sting operation" or enforcement action,
unless | 19 |
| governing body of the municipality or county having | 20 |
| jurisdiction sets a
shorter period by ordinance, to the law | 21 |
| enforcement agency having jurisdiction,
the local liquor | 22 |
| control commissioner, or both. Notice provided under this
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| Section shall be valid for a "sting operation" or enforcement | 24 |
| action conducted
within 60 days of the provision of that | 25 |
| notice, unless the governing body of
the municipality or county | 26 |
| having jurisdiction sets a shorter period by
ordinance.
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| (b) A local liquor control commission or unit of local | 28 |
| government that
conducts alcohol and tobacco compliance | 29 |
| operations shall establish a policy and
standards for alcohol | 30 |
| and tobacco compliance operations to investigate whether
a | 31 |
| licensee is furnishing (1) alcoholic liquor to persons under 21 | 32 |
| years of age
in violation of this Act or (2) tobacco to persons |
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SB2292 |
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LRB093 19620 LRD 45361 b |
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| in violation of the Sale of
Tobacco to Minors Act.
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| (c) The Illinois Law Enforcement Training Standards Board | 3 |
| shall
develop a model policy and guidelines for the operation | 4 |
| of alcohol and tobacco
compliance checks by local law | 5 |
| enforcement officers. The Illinois Law
Enforcement Training | 6 |
| Standards Board shall also require the supervising
officers of | 7 |
| such compliance checks to have met a minimum training standard | 8 |
| as
determined by the Board. The Board shall have the right to | 9 |
| waive any training
based on current written policies and | 10 |
| procedures for alcohol and tobacco
compliance check operations | 11 |
| and in-service training already administered by
the local law | 12 |
| enforcement agency, department, or office.
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| (d) The provisions of subsections (b) and (c) do not apply | 14 |
| to a home rule
unit with more than 2,000,000 inhabitants.
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| (e) A home rule unit, other than a home rule unit with more | 16 |
| than 2,000,000
inhabitants, may not regulate enforcement | 17 |
| actions in a manner inconsistent with
the regulation of | 18 |
| enforcement actions under this Section. This subsection (e)
is | 19 |
| a limitation under subsection (i) of Section 6 of Article VII | 20 |
| of the
Illinois Constitution on the concurrent exercise by home | 21 |
| rule units
of powers and functions
exercised by the State.
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| (f) A licensee who is the subject of an enforcement action | 23 |
| or "sting
operation" under this Section and is found, pursuant | 24 |
| to the enforcement action,
to be in compliance with this Act | 25 |
| shall be notified within 30 days of the
enforcement action that | 26 |
| no violation was found.
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| (Source: P.A. 92-503, eff. 1-1-02.)
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