Full Text of HB3757 96th General Assembly
HB3757 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3757
Introduced 2/25/2009, by Rep. Kevin Joyce - Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/3-12 |
from Ch. 43, par. 108 |
235 ILCS 5/6-2 |
from Ch. 43, par. 120 |
720 ILCS 5/28-1 |
from Ch. 38, par. 28-1 |
720 ILCS 5/28-3 |
from Ch. 38, par. 28-3 |
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Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor Control Commission shall have the duty and power of suspending or revoking all licenses of a licensee under the Act for the licensee's conviction for a gambling offense under the Criminal Code of 1961. Provides that the State Liquor Control Commission may not delegate this responsibility to any local liquor commission. Provides that the State Liquor Control Commission shall suspend for 30 days all liquor licenses of a licensee upon the licensee's first conviction for a gambling offense, shall revoke or suspend for at least 30 days those licenses upon a second conviction within a 12 month period, and shall revoke those licenses upon a third or subsequent conviction within a 5 year period. In a Section prohibiting the issuance of licenses to certain persons, provides that a corporation convicted of a gambling offense shall not be issued a license under the Act (now, a corporation is exempt from the
prohibition if it meets certain conditions). Amends the Criminal Code of 1961. Provides that the State's Attorney must notify the State Liquor Control Commission of a liquor licensee's conviction for a gambling offense. In a Section concerning the separate criminal offense of keeping a gambling place, provides that all licenses issued under the Liquor Control Act of 1934 authorizing the serving of liquor on the premises that were used as the gambling place shall be suspended for a period of 60 days; and those licenses shall be revoked upon a second conviction of keeping
a gambling place. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB3757 |
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LRB096 10682 ASK 20856 b |
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 3-12 and 6-2 as follows: | 6 |
| (235 ILCS 5/3-12) (from Ch. 43, par. 108)
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| Sec. 3-12. Powers and duties of State Commission.
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| (a) The State commission shall have the following powers, | 9 |
| functions and
duties:
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| (1) To receive applications and to issue licenses to | 11 |
| manufacturers,
foreign importers, importing distributors, | 12 |
| distributors, non-resident dealers,
on premise consumption | 13 |
| retailers, off premise sale retailers, special event
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| retailer licensees, special use permit licenses, auction | 15 |
| liquor licenses, brew
pubs, caterer retailers, | 16 |
| non-beverage users, railroads, including owners and
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| lessees of sleeping, dining and cafe cars, airplanes, | 18 |
| boats, brokers, and wine
maker's premises licensees in | 19 |
| accordance with the provisions of this Act, and
to suspend | 20 |
| or revoke such licenses upon the State commission's | 21 |
| determination,
upon notice after hearing, that a licensee | 22 |
| has violated any provision of this
Act or any rule or | 23 |
| regulation issued pursuant thereto and in effect for 30 |
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| days
prior to such violation. Except in the case of an | 2 |
| action taken pursuant to a
violation of Section 6-3, 6-5, | 3 |
| or 6-9, any action by the State Commission to
suspend or | 4 |
| revoke a licensee's license may be limited to the license | 5 |
| for the
specific premises where the violation occurred.
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| In lieu of suspending or revoking a license, the | 7 |
| commission may impose
a fine, upon the State commission's | 8 |
| determination and notice after hearing,
that a licensee has | 9 |
| violated any provision of this Act or any rule or
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| regulation issued pursuant thereto and in effect for 30 | 11 |
| days prior to such
violation. The fine imposed under this | 12 |
| paragraph may not exceed $500 for each
violation. Each day | 13 |
| that the activity, which gave rise to the original fine,
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| continues is a separate violation. The maximum fine that | 15 |
| may be levied against
any licensee, for the period of the | 16 |
| license, shall not exceed $20,000.
The maximum penalty that | 17 |
| may be imposed on a licensee for selling a bottle of
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| alcoholic liquor with a foreign object in it or serving | 19 |
| from a bottle of
alcoholic liquor with a foreign object in | 20 |
| it shall be the destruction of that
bottle of alcoholic | 21 |
| liquor for the first 10 bottles so sold or served from by
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| the licensee. For the eleventh bottle of alcoholic liquor | 23 |
| and for each third
bottle thereafter sold or served from by | 24 |
| the licensee with a foreign object in
it, the maximum | 25 |
| penalty that may be imposed on the licensee is the | 26 |
| destruction
of the bottle of alcoholic liquor and a fine of |
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| up to $50.
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| (1.1) To determine, after notice and hearing, whether a | 3 |
| licensee has been convicted of a gambling offense under any | 4 |
| of subsections (a)(1) through (a)(11) of Section 28-1 or | 5 |
| under Section 28-1.1 of the Criminal Code of 1961 and to | 6 |
| enforce the following penalties: (i) for a first | 7 |
| conviction, a 30-day suspension for all licenses issued to | 8 |
| the licensee under this Act; (ii) for a second conviction | 9 |
| within a 12 month period, revocation or at least a 30-day | 10 |
| suspension for those licenses; and (iii) for a third or | 11 |
| subsequent conviction within a 5 year period, revocation of | 12 |
| those licenses. The State Commission may not delegate its | 13 |
| powers, functions, and duties under this paragraph (1.1) to | 14 |
| any local liquor commission. | 15 |
| (2) To adopt such rules and regulations consistent with | 16 |
| the
provisions of this Act which shall be necessary to | 17 |
| carry on its
functions and duties to the end that the | 18 |
| health, safety and welfare of
the People of the State of | 19 |
| Illinois shall be protected and temperance in
the | 20 |
| consumption of alcoholic liquors shall be fostered and | 21 |
| promoted and
to distribute copies of such rules and | 22 |
| regulations to all licensees
affected thereby.
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| (3) To call upon other administrative departments of | 24 |
| the State,
county and municipal governments, county and | 25 |
| city police departments and
upon prosecuting officers for | 26 |
| such information and assistance as it
deems necessary in |
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| the performance of its duties.
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| (4) To recommend to local commissioners rules and | 3 |
| regulations, not
inconsistent with the law, for the | 4 |
| distribution and sale of alcoholic
liquors throughout the | 5 |
| State.
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| (5) To inspect, or cause to be inspected, any
premises | 7 |
| in this State
where alcoholic liquors are manufactured, | 8 |
| distributed, warehoused, or
sold.
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| (5.1) Upon receipt of a complaint or upon having | 10 |
| knowledge that any person
is engaged in business as a | 11 |
| manufacturer, importing distributor, distributor,
or | 12 |
| retailer without a license or valid license, to notify the | 13 |
| local liquor
authority, file a complaint with the State's | 14 |
| Attorney's Office of the county
where the incident | 15 |
| occurred, or initiate an investigation with the | 16 |
| appropriate
law enforcement officials.
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| (5.2) To issue a cease and desist notice to persons | 18 |
| shipping alcoholic
liquor
into this State from a point | 19 |
| outside of this State if the shipment is in
violation of | 20 |
| this Act.
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| (5.3) To receive complaints from licensees, local | 22 |
| officials, law
enforcement agencies, organizations, and | 23 |
| persons stating that any licensee has
been or is violating | 24 |
| any provision of this Act or the rules and regulations
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| issued pursuant to this Act. Such complaints shall be in | 26 |
| writing, signed and
sworn to by the person making the |
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| complaint, and shall state with specificity
the facts in | 2 |
| relation to the alleged violation. If the Commission has
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| reasonable grounds to believe that the complaint | 4 |
| substantially alleges a
violation of this Act or rules and | 5 |
| regulations adopted pursuant to this Act, it
shall conduct | 6 |
| an investigation. If, after conducting an investigation, | 7 |
| the
Commission is satisfied that the alleged violation did | 8 |
| occur, it shall proceed
with disciplinary action against | 9 |
| the licensee as provided in this Act.
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| (6) To hear and determine appeals from orders of a | 11 |
| local commission
in accordance with the provisions of this | 12 |
| Act, as hereinafter set forth.
Hearings under this | 13 |
| subsection shall be held in Springfield or Chicago,
at | 14 |
| whichever location is the more convenient for the majority | 15 |
| of persons
who are parties to the hearing.
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| (7) The commission shall establish uniform systems of | 17 |
| accounts to be
kept by all retail licensees having more | 18 |
| than 4 employees, and for this
purpose the commission may | 19 |
| classify all retail licensees having more
than 4 employees | 20 |
| and establish a uniform system of accounts for each
class | 21 |
| and prescribe the manner in which such accounts shall be | 22 |
| kept.
The commission may also prescribe the forms of | 23 |
| accounts to be kept by
all retail licensees having more | 24 |
| than 4 employees, including but not
limited to accounts of | 25 |
| earnings and expenses and any distribution,
payment, or | 26 |
| other distribution of earnings or assets, and any other
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| forms, records and memoranda which in the judgment of the | 2 |
| commission may
be necessary or appropriate to carry out any | 3 |
| of the provisions of this
Act, including but not limited to | 4 |
| such forms, records and memoranda as
will readily and | 5 |
| accurately disclose at all times the beneficial
ownership | 6 |
| of such retail licensed business. The accounts, forms,
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| records and memoranda shall be available at all reasonable | 8 |
| times for
inspection by authorized representatives of the | 9 |
| State commission or by
any local liquor control | 10 |
| commissioner or his or her authorized representative.
The | 11 |
| commission, may, from time to time, alter, amend or repeal, | 12 |
| in whole
or in part, any uniform system of accounts, or the | 13 |
| form and manner of
keeping accounts.
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| (8) In the conduct of any hearing authorized to be held | 15 |
| by the
commission, to appoint, at the commission's | 16 |
| discretion, hearing officers
to conduct hearings involving | 17 |
| complex issues or issues that will require a
protracted | 18 |
| period of time to resolve, to examine, or cause to be | 19 |
| examined,
under oath, any licensee, and to examine or cause | 20 |
| to be examined the books and
records
of such licensee; to | 21 |
| hear testimony and take proof material for its
information | 22 |
| in the discharge of its duties hereunder; to administer or
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| cause to be administered oaths; for any such purpose to | 24 |
| issue
subpoena or subpoenas to require the attendance of | 25 |
| witnesses and the
production of books, which shall be | 26 |
| effective in any part of this State, and
to adopt rules to |
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| implement its powers under this paragraph (8).
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| Any Circuit Court may by order duly entered,
require | 3 |
| the attendance of witnesses and the production of relevant | 4 |
| books
subpoenaed by the State commission and the court may | 5 |
| compel
obedience to its order by proceedings for contempt.
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| (9) To investigate the administration of laws in | 7 |
| relation to
alcoholic liquors in this and other states and | 8 |
| any foreign countries,
and to recommend from time to time | 9 |
| to the Governor and through him or
her to the legislature | 10 |
| of this State, such amendments to this Act, if any, as
it | 11 |
| may think desirable and as will serve to further the | 12 |
| general broad
purposes contained in Section 1-2 hereof.
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| (10) To adopt such rules and regulations consistent | 14 |
| with the
provisions of this Act which shall be necessary | 15 |
| for the control, sale or
disposition of alcoholic liquor | 16 |
| damaged as a result of an accident, wreck,
flood, fire or | 17 |
| other similar occurrence.
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| (11) To develop industry educational programs related | 19 |
| to responsible
serving and selling, particularly in the | 20 |
| areas of overserving consumers and
illegal underage | 21 |
| purchasing and consumption of alcoholic beverages.
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| (11.1) To license persons providing education and | 23 |
| training to alcohol
beverage sellers and servers under the
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| Beverage Alcohol Sellers and Servers
Education and | 25 |
| Training (BASSET) programs and to develop and administer a | 26 |
| public
awareness program in Illinois to reduce or eliminate |
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| the illegal purchase and
consumption of alcoholic beverage | 2 |
| products by persons under the age of 21.
Application for a | 3 |
| license shall be made on forms provided by the State
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| Commission.
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| (12) To develop and maintain a repository of license | 6 |
| and regulatory
information.
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| (13) On or before January 15, 1994, the Commission | 8 |
| shall issue
a written report to the Governor and General | 9 |
| Assembly that is to be based on a
comprehensive study of | 10 |
| the impact on and implications for the State of Illinois
of | 11 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 12 |
| 1992 (Public Law
102-321). This study shall address the | 13 |
| extent to which Illinois currently
complies with the | 14 |
| provisions of P.L. 102-321 and the rules promulgated | 15 |
| pursuant
thereto.
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| As part of its report, the Commission shall provide the | 17 |
| following essential
information:
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| (i) the number of retail distributors of tobacco | 19 |
| products, by type and
geographic area, in the State;
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| (ii) the number of reported citations and | 21 |
| successful convictions,
categorized by type and | 22 |
| location of retail distributor, for violation of the
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| Sale of Tobacco to Minors Act and the Smokeless
Tobacco | 24 |
| Limitation Act;
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| (iii) the extent and nature of organized | 26 |
| educational and governmental
activities that are |
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| intended to promote, encourage or otherwise secure
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| compliance with any Illinois laws that prohibit the | 3 |
| sale or distribution of
tobacco products to minors; and
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| (iv) the level of access and availability of | 5 |
| tobacco products to
individuals under the age of 18.
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| To obtain the data necessary to comply with the | 7 |
| provisions of P.L. 102-321
and the requirements of this | 8 |
| report, the Commission shall conduct random,
unannounced | 9 |
| inspections of a geographically and scientifically | 10 |
| representative
sample of the State's retail tobacco | 11 |
| distributors.
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| The Commission shall consult with the Department of | 13 |
| Public Health, the
Department of Human Services, the
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| Illinois State Police and any
other executive branch | 15 |
| agency, and private organizations that may have
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| information relevant to this report.
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| The Commission may contract with the Food and Drug | 18 |
| Administration of the
U.S. Department of Health and Human | 19 |
| Services to conduct unannounced
investigations of Illinois | 20 |
| tobacco vendors to determine compliance with federal
laws | 21 |
| relating to the illegal sale of cigarettes and smokeless | 22 |
| tobacco products
to persons under the age of 18.
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| (14) On or before April 30, 2008 and every 2 years
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| thereafter, the Commission shall present a written
report | 25 |
| to the Governor and the General Assembly that shall
be | 26 |
| based on a study of the impact of this amendatory Act of
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| the 95th General Assembly on the business of soliciting,
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| selling, and shipping wine from inside and outside of this
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| State directly to residents of this State. As part of its
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| report, the Commission shall provide all of the
following | 5 |
| information: | 6 |
| (A) The amount of State excise and sales tax
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| revenues generated. | 8 |
| (B) The amount of licensing fees received. | 9 |
| (C) The number of cases of wine shipped from inside
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| and outside of this State directly to residents of this
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| State. | 12 |
| (D) The number of alcohol compliance operations
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| conducted. | 14 |
| (E) The number of winery shipper's licenses
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| issued. | 16 |
| (F) The number of each of the following: reported
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| violations; cease and desist notices issued by the
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| Commission; notices of violations issued by
the | 19 |
| Commission and to the Department of Revenue;
and | 20 |
| notices and complaints of violations to law
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| enforcement officials, including, without limitation,
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| the Illinois Attorney General and the U.S. Department
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| of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 24 |
| (15) As a means to reduce the underage consumption of
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| alcoholic liquors, the Commission shall conduct
alcohol | 26 |
| compliance operations to investigate whether
businesses |
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| that are soliciting, selling, and shipping wine
from inside | 2 |
| or outside of this State directly to residents
of this | 3 |
| State are licensed by this State or are selling or
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| attempting to sell wine to persons under 21 years of age in
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| violation of this Act. | 6 |
| (16) The Commission shall, in addition to
notifying any | 7 |
| appropriate law enforcement agency, submit
notices of | 8 |
| complaints or violations of Sections 6-29 and
6-29.1 by | 9 |
| persons who do not hold a winery shipper's
license under | 10 |
| this amendatory Act to the Illinois Attorney General and
to | 11 |
| the U.S. Department of Treasury's Alcohol and Tobacco Tax | 12 |
| and Trade Bureau. | 13 |
| (17) (A) A person licensed to make wine under the laws | 14 |
| of another state who has a winery shipper's license under | 15 |
| this amendatory Act and annually produces less than 25,000 | 16 |
| gallons of wine or a person who has a first-class or | 17 |
| second-class wine manufacturer's license, a first-class or | 18 |
| second-class wine-maker's license, or a limited wine | 19 |
| manufacturer's license under this Act and annually | 20 |
| produces less than 25,000 gallons of wine may make | 21 |
| application to the Commission for a self-distribution | 22 |
| exemption to allow the sale of not more than 5,000 gallons | 23 |
| of the exemption holder's wine to retail licensees per | 24 |
| year. | 25 |
| (B) In the application, which shall be sworn under | 26 |
| penalty of perjury, such person shall state (1) the |
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| date it was established; (2) its volume of production | 2 |
| and sales for each year since its establishment; (3) | 3 |
| its efforts to establish distributor relationships; | 4 |
| (4) that a self-distribution exemption is necessary to | 5 |
| facilitate the marketing of its wine; and (5) that it | 6 |
| will comply with the liquor and revenue laws of the | 7 |
| United States, this State, and any other state where it | 8 |
| is licensed. | 9 |
| (C) The Commission shall approve the application | 10 |
| for a self-distribution exemption if such person: (1) | 11 |
| is in compliance with State revenue and liquor laws; | 12 |
| (2) is not a member of any affiliated group that | 13 |
| produces more than 25,000 gallons of wine per annum or | 14 |
| produces any other alcoholic liquor; (3) will not | 15 |
| annually produce for sale more than 25,000 gallons of | 16 |
| wine; and (4) will not annually sell more than 5,000 | 17 |
| gallons of its wine to retail licensees. | 18 |
| (D) A self-distribution exemption holder shall | 19 |
| annually certify to the Commission its production of | 20 |
| wine in the previous 12 months and its anticipated | 21 |
| production and sales for the next 12 months. The | 22 |
| Commission may fine, suspend, or revoke a | 23 |
| self-distribution exemption after a hearing if it | 24 |
| finds that the exemption holder has made a material | 25 |
| misrepresentation in its application, violated a | 26 |
| revenue or liquor law of Illinois, exceeded production |
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| of 25,000 gallons of wine in any calendar year, or | 2 |
| become part of an affiliated group producing more than | 3 |
| 25,000 gallons of wine or any other alcoholic liquor. | 4 |
| (E) Except in hearings for violations of this Act | 5 |
| or amendatory Act or a bona fide investigation by duly | 6 |
| sworn law enforcement officials, the Commission, or | 7 |
| its agents, the Commission shall maintain the | 8 |
| production and sales information of a | 9 |
| self-distribution exemption holder as confidential and | 10 |
| shall not release such information to any person. | 11 |
| (F) The Commission shall issue regulations | 12 |
| governing self-distribution exemptions consistent with | 13 |
| this Section and this Act. | 14 |
| (G) Nothing in this subsection (17) shall prohibit | 15 |
| a self-distribution exemption holder from entering | 16 |
| into or simultaneously having a distribution agreement | 17 |
| with a licensed Illinois distributor. | 18 |
| (H) It is the intent of this subsection (17) to | 19 |
| promote and continue orderly markets. The General | 20 |
| Assembly finds that in order to preserve Illinois' | 21 |
| regulatory distribution system it is necessary to | 22 |
| create an exception for smaller makers of wine as their | 23 |
| wines are frequently adjusted in varietals, mixes, | 24 |
| vintages, and taste to find and create market niches | 25 |
| sometimes too small for distributor or importing | 26 |
| distributor business strategies. Limited |
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| self-distribution rights will afford and allow smaller | 2 |
| makers of wine access to the marketplace in order to | 3 |
| develop a customer base without impairing the | 4 |
| integrity of the 3-tier system.
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| (b) On or before April 30, 1999, the Commission shall | 6 |
| present a written
report to the Governor and the General | 7 |
| Assembly that shall be based on a study
of the impact of this | 8 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 9 |
| and shipping
alcoholic liquor from outside of this State | 10 |
| directly to residents of this
State.
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| As part of its report, the Commission shall provide the | 12 |
| following
information:
| 13 |
| (i) the amount of State excise and sales tax revenues | 14 |
| generated as a
result of this amendatory Act of 1998;
| 15 |
| (ii) the amount of licensing fees received as a result | 16 |
| of this amendatory
Act of 1998;
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| (iii) the number of reported violations, the number of | 18 |
| cease and desist
notices issued by the Commission, the | 19 |
| number of notices of violations issued
to the Department of | 20 |
| Revenue, and the number of notices and complaints of
| 21 |
| violations to law enforcement officials.
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| (Source: P.A. 95-634, eff. 6-1-08 .)
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| (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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| Sec. 6-2. Issuance of licenses to certain persons | 25 |
| prohibited.
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| (a) Except as otherwise provided in subsection (b) of this | 2 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 3 |
| no license
of any kind issued by the State Commission or any | 4 |
| local
commission shall be issued to:
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| (1) A person who is not a resident of any city, village | 6 |
| or county in
which the premises covered by the license are | 7 |
| located; except in case of
railroad or boat licenses.
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| (2) A person who is not of good character and | 9 |
| reputation in the
community in which he resides.
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| (3) A person who is not a citizen of the United States.
| 11 |
| (4) A person who has been convicted of a felony under | 12 |
| any Federal or
State law, unless the Commission determines | 13 |
| that such
person has been sufficiently rehabilitated to | 14 |
| warrant the public trust
after considering matters set | 15 |
| forth in such person's application and the
Commission's | 16 |
| investigation. The burden of proof of sufficient
| 17 |
| rehabilitation shall be on the applicant.
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| (5) A person who has been convicted of being the keeper | 19 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 21 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 23 |
| been revoked for
cause.
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| (8) A person who at the time of application for renewal | 25 |
| of any license
issued hereunder would not be eligible for | 26 |
| such license upon a first
application.
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| (9) A copartnership, if any general partnership | 2 |
| thereof, or any
limited partnership thereof, owning more | 3 |
| than 5% of the aggregate limited
partner interest in such | 4 |
| copartnership would not be eligible to receive a
license | 5 |
| hereunder for any reason other than residence within the | 6 |
| political
subdivision, unless residency is required by | 7 |
| local ordinance.
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| (10) A corporation or limited liability company, if any | 9 |
| member, officer, manager or director thereof, or
any | 10 |
| stockholder or stockholders owning in the aggregate more | 11 |
| than 5% of the
stock of such corporation, would not be | 12 |
| eligible to receive a license
hereunder for any reason | 13 |
| other than citizenship and residence within the
political | 14 |
| subdivision.
| 15 |
| (10a) A corporation or limited liability company | 16 |
| unless it is incorporated or organized in Illinois, or | 17 |
| unless it
is a foreign corporation or foreign limited | 18 |
| liability company which is qualified under the Business
| 19 |
| Corporation Act of 1983 or the Limited Liability Company | 20 |
| Act to transact business in Illinois. The Commission shall | 21 |
| permit and accept from an applicant for a license under | 22 |
| this Act proof prepared from the Secretary of State's | 23 |
| website that the corporation or limited liability company | 24 |
| is in good standing and is qualified under the Business
| 25 |
| Corporation Act of 1983 or the Limited Liability Company | 26 |
| Act to transact business in Illinois.
|
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
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| 1 |
| (11) A person whose place of business is conducted by a | 2 |
| manager or agent
unless the manager or agent possesses the | 3 |
| same qualifications required by
the licensee.
| 4 |
| (12) A person who has been convicted of a violation of | 5 |
| any Federal or
State law concerning the manufacture, | 6 |
| possession or sale of alcoholic
liquor, subsequent to the | 7 |
| passage of this Act or has forfeited his bond to
appear in | 8 |
| court to answer charges for any such violation.
| 9 |
| (13) A person who does not beneficially own the | 10 |
| premises for which a
license is sought, or does not have a | 11 |
| lease thereon for the full period for
which the license is | 12 |
| to be issued.
| 13 |
| (14) Any law enforcing public official, including | 14 |
| members
of local liquor control commissions,
any mayor, | 15 |
| alderman, or member of the
city council or commission, any | 16 |
| president of the village board of trustees,
any member of a | 17 |
| village board of trustees, or any president or member of a
| 18 |
| county board; and no such official shall have a direct | 19 |
| interest in the
manufacture, sale, or distribution of | 20 |
| alcoholic liquor, except that a
license
may be granted to | 21 |
| such official in relation to premises that are
not
located | 22 |
| within the territory subject to the jurisdiction of that | 23 |
| official
if the issuance of such license is approved by the | 24 |
| State Liquor Control
Commission
and except that a license | 25 |
| may be granted, in a city or village with a
population of | 26 |
| 50,000 or less, to any alderman, member of a city council, |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| or
member of a village board of trustees in relation to | 2 |
| premises that are located
within the territory
subject to | 3 |
| the jurisdiction of that official if (i) the sale of | 4 |
| alcoholic
liquor pursuant to the license is incidental to | 5 |
| the selling of food, (ii) the
issuance of the license is | 6 |
| approved by the State Commission, (iii) the
issuance of the | 7 |
| license is in accordance with all applicable local | 8 |
| ordinances
in effect where the premises are located, and | 9 |
| (iv) the official granted a
license does not vote on | 10 |
| alcoholic liquor issues pending before the board or
council | 11 |
| to which the license holder is elected. Notwithstanding any | 12 |
| provision of this paragraph (14) to the contrary, an | 13 |
| alderman or member of a city council or commission, a | 14 |
| member of a village board of trustees other than the | 15 |
| president of the village board of trustees, or a member of | 16 |
| a county board other than the president of a county board | 17 |
| may have a direct interest in the manufacture, sale, or | 18 |
| distribution of alcoholic liquor as long as he or she is | 19 |
| not a law enforcing public official, a mayor, a village | 20 |
| board president, or president of a county board. To prevent | 21 |
| any conflict of interest, the elected official with the | 22 |
| direct interest in the manufacture, sale, or distribution | 23 |
| of alcoholic liquor cannot participate in any meetings, | 24 |
| hearings, or decisions on matters impacting the | 25 |
| manufacture, sale, or distribution of alcoholic liquor.
| 26 |
| (15) A person who is not a beneficial owner of the |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| business to be
operated by the licensee.
| 2 |
| (16) A person who has been convicted of a gambling | 3 |
| offense as
proscribed by any of subsections (a) (1) (3) | 4 |
| through (a)
(11) of
Section 28-1 of, or as
proscribed by | 5 |
| Section 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 6 |
| proscribed by a
statute
replaced by any of the aforesaid | 7 |
| statutory provisions.
| 8 |
| (17) A person or entity to whom a federal wagering | 9 |
| stamp has been
issued by the
federal government, unless the | 10 |
| person or entity is eligible to be issued a
license under | 11 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 12 |
| Act.
| 13 |
| (18) A person who intends to sell alcoholic liquors for | 14 |
| use or
consumption on his or her licensed retail premises | 15 |
| who does not have liquor
liability insurance coverage for | 16 |
| that premises in an amount that is at least
equal to the | 17 |
| maximum liability amounts set out in subsection (a) of | 18 |
| Section
6-21.
| 19 |
| (b) A criminal conviction of a corporation is not grounds | 20 |
| for the
denial, suspension, or revocation of a license applied | 21 |
| for or held by the
corporation if the criminal conviction was | 22 |
| not the result of a violation of any
federal or State law | 23 |
| concerning the manufacture, possession or sale of
alcoholic | 24 |
| liquor, the offense that led to the conviction did not result | 25 |
| in any
financial gain to the corporation and the corporation | 26 |
| has terminated its
relationship with each director, officer, |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| employee, or controlling shareholder
whose actions directly | 2 |
| contributed to the conviction of the corporation. The
| 3 |
| Commission shall determine if all provisions of this subsection | 4 |
| (b) have been
met before any action on the corporation's | 5 |
| license is initiated. This subsection (b) does not apply to a | 6 |
| corporation that has been convicted of a gambling offense as | 7 |
| described in paragraph (16) of subsection (a) of this Section.
| 8 |
| (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, | 9 |
| eff. 7-29-05; 95-331, eff. 8-21-07.)
| 10 |
| Section 10. The Criminal Code of 1961 is amended by | 11 |
| changing Sections 28-1, 28-2, 28-3, and 28-5 as follows:
| 12 |
| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 13 |
| Sec. 28-1. Gambling.
| 14 |
| (a) A person commits gambling when he:
| 15 |
| (1) Plays a game of chance or skill for money or other | 16 |
| thing of
value, unless excepted in subsection (b) of this | 17 |
| Section; or
| 18 |
| (2) Makes a wager upon the result of any game, contest, | 19 |
| or any
political nomination, appointment or election; or
| 20 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, | 21 |
| rents, sells,
bargains for the sale or lease of, | 22 |
| manufactures or distributes any
gambling device; or
| 23 |
| (4) Contracts to have or give himself or another the | 24 |
| option to buy
or sell, or contracts to buy or sell, at a |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| future time, any grain or
other commodity whatsoever, or | 2 |
| any stock or security of any company,
where it is at the | 3 |
| time of making such contract intended by both parties
| 4 |
| thereto that the contract to buy or sell, or the option, | 5 |
| whenever
exercised, or the contract resulting therefrom, | 6 |
| shall be settled, not by
the receipt or delivery of such | 7 |
| property, but by the payment only of
differences in prices | 8 |
| thereof; however, the issuance, purchase, sale,
exercise, | 9 |
| endorsement or guarantee, by or through a person registered
| 10 |
| with the Secretary of State pursuant to Section 8 of the | 11 |
| Illinois
Securities Law of 1953, or by or through a person | 12 |
| exempt from such
registration under said Section 8, of a | 13 |
| put, call, or other option to
buy or sell securities which | 14 |
| have been registered with the Secretary of
State or which | 15 |
| are exempt from such registration under Section 3 of the
| 16 |
| Illinois Securities Law of 1953 is not gambling within the | 17 |
| meaning of
this paragraph (4); or
| 18 |
| (5) Knowingly owns or possesses any book, instrument or | 19 |
| apparatus by
means of which bets or wagers have been, or | 20 |
| are, recorded or registered,
or knowingly possesses any | 21 |
| money which he has received in the course of
a bet or | 22 |
| wager; or
| 23 |
| (6) Sells pools upon the result of any game or contest | 24 |
| of skill or
chance, political nomination, appointment or | 25 |
| election; or
| 26 |
| (7) Sets up or promotes any lottery or sells, offers to |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| sell or
transfers any ticket or share for any lottery; or
| 2 |
| (8) Sets up or promotes any policy game or sells, | 3 |
| offers to sell or
knowingly possesses or transfers any | 4 |
| policy ticket, slip, record,
document or other similar | 5 |
| device; or
| 6 |
| (9) Knowingly drafts, prints or publishes any lottery | 7 |
| ticket or share,
or any policy ticket, slip, record, | 8 |
| document or similar device, except for
such activity | 9 |
| related to lotteries, bingo games and raffles authorized by
| 10 |
| and conducted in accordance with the laws of Illinois or | 11 |
| any other state or
foreign government; or
| 12 |
| (10) Knowingly advertises any lottery or policy game, | 13 |
| except for such
activity related to lotteries, bingo games | 14 |
| and raffles authorized by and
conducted in accordance with | 15 |
| the laws of Illinois or any other state; or
| 16 |
| (11) Knowingly transmits information as to wagers, | 17 |
| betting odds, or
changes in betting odds by telephone, | 18 |
| telegraph, radio, semaphore or
similar means; or knowingly | 19 |
| installs or maintains equipment for the
transmission or | 20 |
| receipt of such information; except that nothing in this
| 21 |
| subdivision (11) prohibits transmission or receipt of such | 22 |
| information
for use in news reporting of sporting events or | 23 |
| contests; or
| 24 |
| (12) Knowingly establishes, maintains, or operates an | 25 |
| Internet site that
permits a person to play a game of
| 26 |
| chance or skill for money or other thing of value by means |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| of the Internet or
to make a wager upon the
result of any | 2 |
| game, contest, political nomination, appointment, or
| 3 |
| election by means of the Internet.
| 4 |
| (b) Participants in any of the following activities shall | 5 |
| not be
convicted of gambling therefor:
| 6 |
| (1) Agreements to compensate for loss caused by the | 7 |
| happening of
chance including without limitation contracts | 8 |
| of indemnity or guaranty
and life or health or accident | 9 |
| insurance;
| 10 |
| (2) Offers of prizes, award or compensation to the | 11 |
| actual
contestants in any bona fide contest for the | 12 |
| determination of skill,
speed, strength or endurance or to | 13 |
| the owners of animals or vehicles
entered in such contest;
| 14 |
| (3) Pari-mutuel betting as authorized by the law of | 15 |
| this State;
| 16 |
| (4) Manufacture of gambling devices, including the | 17 |
| acquisition of
essential parts therefor and the assembly | 18 |
| thereof, for transportation in
interstate or foreign | 19 |
| commerce to any place outside this State when such
| 20 |
| transportation is not prohibited by any applicable Federal | 21 |
| law;
| 22 |
| (5) The game commonly known as "bingo", when conducted | 23 |
| in accordance
with the Bingo License and Tax Act;
| 24 |
| (6) Lotteries when conducted by the State of Illinois | 25 |
| in accordance
with the Illinois Lottery Law;
| 26 |
| (7) Possession of an antique slot machine that is |
|
|
|
HB3757 |
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LRB096 10682 ASK 20856 b |
|
| 1 |
| neither used nor
intended to be used in the operation or | 2 |
| promotion of any unlawful
gambling activity or enterprise. | 3 |
| For the purpose of this subparagraph
(b)(7), an antique | 4 |
| slot machine is one manufactured 25 years ago or earlier;
| 5 |
| (8) Raffles when conducted in accordance with the | 6 |
| Raffles Act;
| 7 |
| (9) Charitable games when conducted in accordance with | 8 |
| the Charitable
Games Act;
| 9 |
| (10) Pull tabs and jar games when conducted under the | 10 |
| Illinois Pull
Tabs and Jar Games Act; or
| 11 |
| (11) Gambling games conducted on riverboats when
| 12 |
| authorized by the Riverboat Gambling Act.
| 13 |
| (c) Sentence.
| 14 |
| Gambling under subsection (a)(1) or (a)(2) of this Section | 15 |
| is a
Class A misdemeanor. Gambling under any of subsections | 16 |
| (a)(3) through
(a)(11) of this Section is a Class A | 17 |
| misdemeanor. A second or
subsequent conviction under any of | 18 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 19 |
| Gambling under subsection (a)(12) of this Section is a
Class A
| 20 |
| misdemeanor. A second or subsequent conviction under | 21 |
| subsection (a)(12) is a
Class 4 felony.
| 22 |
| (c-5) Liquor license suspension or revocation. | 23 |
| Upon a conviction of a person licensed under the Liquor | 24 |
| Control Act of 1934 for a gambling offense under any of | 25 |
| subsections (a)(1) through (a)(11) of this Section, the State's | 26 |
| Attorney shall notify the Illinois Liquor Control Commission of |
|
|
|
HB3757 |
- 25 - |
LRB096 10682 ASK 20856 b |
|
| 1 |
| the conviction. The Illinois Liquor Control Commission shall | 2 |
| suspend all licenses issued to such person upon a second | 3 |
| conviction for a gambling offense within a 12 month period, and | 4 |
| shall revoke those licenses upon a third or subsequent | 5 |
| conviction for a gambling offense within a 5 year period. | 6 |
| (d) Circumstantial evidence.
| 7 |
| In prosecutions under subsection (a)(1) through (a)(12) of
| 8 |
| this
Section circumstantial evidence shall have the same | 9 |
| validity and weight as
in any criminal prosecution.
| 10 |
| (Source: P.A. 91-257, eff. 1-1-00.)
| 11 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
| 12 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 13 |
| any real
estate, vehicle, boat or any other property whatsoever | 14 |
| used for the
purposes of gambling other than gambling conducted | 15 |
| in the manner authorized
by the Riverboat Gambling Act. Any | 16 |
| person who knowingly permits any premises
or property owned or | 17 |
| occupied by him or under his control to be used as a
gambling | 18 |
| place commits a Class A misdemeanor. Each subsequent offense is | 19 |
| a
Class 4 felony. When any premises is determined by the | 20 |
| circuit court to be
a gambling place:
| 21 |
| (a) Such premises is a public nuisance and may be proceeded | 22 |
| against as such, and
| 23 |
| (b) All licenses, permits or certificates issued by the | 24 |
| State of
Illinois or any subdivision or public agency thereof | 25 |
| authorizing the
serving of food or liquor on such premises |
|
|
|
HB3757 |
- 26 - |
LRB096 10682 ASK 20856 b |
|
| 1 |
| shall be void; and no license,
permit or certificate so | 2 |
| cancelled shall be reissued for such premises for
a period of | 3 |
| 60 days thereafter; nor shall any person convicted of keeping a
| 4 |
| gambling place be reissued such license
for one year from his | 5 |
| conviction and, after a second conviction of keeping
a gambling | 6 |
| place, any such person shall not be reissued such license, and
| 7 |
| (b-5) All licenses issued by the State of Illinois under | 8 |
| the Liquor Control Act of 1934 authorizing the serving of | 9 |
| liquor on such premises shall be suspended for a period of 60 | 10 |
| days thereafter; and upon a second conviction of keeping
a | 11 |
| gambling place all licenses issued by the State of Illinois | 12 |
| under the Liquor Control Act of 1934 authorizing the serving of | 13 |
| liquor on such premises shall be revoked. | 14 |
| (c) Such premises of any person who knowingly permits | 15 |
| thereon a
violation of any Section of this Article shall be | 16 |
| held liable for, and may
be sold to pay any unsatisfied | 17 |
| judgment that may be recovered and any
unsatisfied fine that | 18 |
| may be levied under any Section of this Article.
| 19 |
| (Source: P.A. 86-1029.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|