Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
LIQUOR235 ILCS 5/3-14
(235 ILCS 5/) Liquor Control Act of 1934.
(235 ILCS 5/3-14)
(from Ch. 43, par. 109)
Issuance of license by Commission.
Nothing contained in this
Act shall, however, be construed to
permit the State Commission to issue any license, other than
manufacturer's, foreign importer's, importing distributor's, non-resident
distributor's, broker's and non-beverage user's license for any premises in any
prohibited territory, or to issue any license other than manufacturer's,
foreign importer's, importing distributor's, non-resident dealer's,
airplane's, boat's, or broker's license, auction liquor license, or
user's license, unless the
person applying for such license shall have obtained a local license for
the same premises. For purposes of this Section and only in regards to a hotel, the local license issued for the same premises may include multiple local licenses issued to a hotel operator for various portions of the hotel building, structure, or adjacent property owned and managed by the hotel operator in which alcoholic liquors may be stored, offered for sale, and sold; however, all of those portions of the hotel building, structure, or adjacent property shall be considered the hotel premises for purposes of the issuance of a retailer's license by the State Commission. When such person has obtained a local license and has
made application to the State Commission in conformity with this Act and
paid the license fee provided, it shall be the duty of the State Commission
to issue a retailer's license to him; provided, however, that the State
Commission may refuse the issuance or renewal of a retailer's license, upon
notice and after hearing, upon the grounds authorized in Section 6-3
of this Act, and, provided further, that the issuance of such
license shall not prejudice the State Commission's action in subsequently
suspending or revoking such license if it is determined by the State
Commission, upon notice and after hearing, that the licensee has, within
the same or the preceding license period, violated any provision of this
Act or any rule or regulation issued pursuant thereto and in effect for 30
days prior to such violation.
The Commission may also refuse to renew a license if the licensee has failed
to pay an offer in compromise, pre-disciplinary settlement, or a fine imposed
(Source: P.A. 99-46, eff. 7-15-15.)
235 ILCS 5/3-20
(235 ILCS 5/3-20)
State Commission; separation from the Department of Revenue.
(a) Executive Order No. 2003-9 is hereby superseded by this amendatory Act of the 100th General Assembly to the extent that Executive Order No. 2003-9 transferred clerks, management and staff support, employees, and other resources from the State Commission to the Department of Revenue.
(b) To the extent that Executive Order No. 2003-9 transferred personnel and the Executive Director to the Department of Revenue from the State Commission, those personnel and the Executive Director shall be transferred to the State Commission. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The status and rights of the
employees and the State of Illinois and its agencies under the
Personnel Code, the Illinois Public Labor Relations Act, and
applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 100th General Assembly. To the extent that an employee performs duties for the State Commission and the Department of Revenue itself or any other division or agency within the Department of Revenue, that employee shall be transferred at the Governor's discretion.
(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly from the Department of Revenue to the State Commission, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the State Commission.
(d) All unexpended appropriations and balances and other funds available for use by the Department of Revenue to operate the State Commission shall be transferred for use by the State Commission. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.
(e) The powers, duties, rights, and responsibilities transferred from the Department of Revenue by this amendatory Act of the 100th General Assembly shall be vested in and shall be exercised by the State Commission.
(f) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Revenue in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly, the same shall be made, given, furnished, or served in the same manner to or upon the State Commission.
(g) Any rules of the Department of Revenue that relate to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 that are in full force on the effective date of this amendatory Act of the 100th General Assembly shall become the rules of the State Commission. This amendatory Act of the 100th General Assembly does not affect the legality of any such rules in the Illinois Administrative Code.
Any proposed rules filed with the Secretary of State by the Department of Revenue that are pending in the rulemaking process on the effective date of this amendatory Act of the 100th General Assembly and pertain to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 shall be deemed to have been filed by the State Commission. As soon as practicable hereafter, the State Commission shall revise and clarify the rules transferred to it under this amendatory Act of the 100th General Assembly to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act of the 100th General Assembly, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained.
(Source: P.A. 100-1050, eff. 7-1-19
235 ILCS 5/Art. IV
(235 ILCS 5/Art. IV heading)
235 ILCS 5/4-1
(235 ILCS 5/4-1)
(from Ch. 43, par. 110)
In every city, village or incorporated town, the city council or
president and board of trustees, and in counties in respect of territory
outside the limits of any such city, village or incorporated town the
county board shall have the power by general ordinance or resolution to
determine the number, kind and classification of licenses, for sale at
retail of alcoholic liquor not inconsistent with this Act and the amount
of the local licensee fees to be paid for the various kinds of licenses to
be issued in their political subdivision, except those issued to the
specific non-beverage users exempt from payment of license fees under
Section 5-3 which shall be issued without payment of
any local license fees, and the manner of distribution of such fees after
their collection; to regulate or prohibit the presence of persons under
the age of 21 on the premises of licensed retail establishments of various
kinds and classifications where alcoholic liquor is drawn, poured, mixed or
otherwise served for consumption on the premises; to prohibit any minor
from drawing, pouring, or mixing any alcoholic
liquor as an employee of any retail licensee; and to prohibit any minor
from at any time attending any bar and from drawing, pouring or mixing any
alcoholic liquor in any licensed retail premises; and to establish such
further regulations and restrictions upon the issuance of and operations
under local licenses not inconsistent with law as the public good and
convenience may require; and to provide penalties for the violation of
regulations and restrictions, including those made by county boards,
relative to operation under local licenses; provided, however, that in the
exercise of any of the powers granted in this section, the issuance of such
licenses shall not be prohibited except for reasons specifically enumerated
in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
However, in any municipality with a population exceeding 1,000,000 that
has adopted the form of government authorized under "An Act concerning cities,
villages, and incorporated towns, and to repeal certain Acts herein named",
approved August 15, 1941, as amended, no person shall be granted any license
or privilege to sell alcoholic liquors between the hours of two o'clock
a.m. and seven o'clock a.m. on week days unless such person has given
at least 14 days prior written notice to the alderman of the ward in which
such person's licensed premises are located stating his intention to make
application for such license or privilege and unless evidence confirming
service of such written notice is included
in such application. Any license or privilege granted in violation of this
paragraph shall be null and void.
(Source: P.A. 99-46, eff. 7-15-15.)
235 ILCS 5/4-2
(235 ILCS 5/4-2)
(from Ch. 43, par. 111)
The mayor or president of the board of trustees of each city,
village or incorporated town or his or her designee, and the president or chairman of the county
board or his or her designee, shall be the local liquor control commissioner for their respective
cities, villages, incorporated towns and counties, and shall be charged
with the administration in their respective jurisdictions of the
appropriate provisions of this Act and of such ordinances and resolutions
relating to alcoholic liquor as may be enacted; but the authority of the
president or chairman of the county board or his or her designee shall extend only to that area in
any county which lies outside the corporate limits of the cities, villages
and incorporated towns therein and those areas which are owned by the
county and are within the corporate limits of the cities, villages and
incorporated towns with a population of less than 1,000,000, however, such
county shall comply with the operating rules of the municipal ordinances
affected when issuing their own licenses.
However, such mayor, president of the board of trustees or president or
chairman of the county board or his or her designee may appoint a person or persons to assist him
in the exercise of the powers and the performance of the duties herein
provided for such local liquor control commissioner.
Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner. The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president cannot make nominations or serve any other role in the appointment. To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.
(Source: P.A. 97-1059, eff. 8-24-12; 98-10, eff. 5-6-13.)
235 ILCS 5/4-3
(235 ILCS 5/4-3)
(from Ch. 43, par. 111a)
The city council of each city and the president and board of
trustees of each village and incorporated town and the county board are
authorized to fix and pay compensation to the local liquor control
commissioner of the particular city, village, incorporated town or county,
as the case may be, and compensation to such deputies, assistants or
employees as may be deemed necessary for the proper performance of the
duties vested in him.
(Source: P.A. 82-783.)
235 ILCS 5/4-4
(235 ILCS 5/4-4)
(from Ch. 43, par. 112)
Each local liquor control commissioner shall also have the
following powers, functions, and duties with respect to licenses, other than
licenses to manufacturers, importing distributors, distributors, foreign
importers, non-resident dealers, non-beverage users, brokers, railroads,
airplanes, and boats:
1. To grant or suspend for not more than 30 days or
revoke for cause all local licenses issued to persons for premises within his jurisdiction;
2. To enter or to authorize any law enforcing officer
to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Act or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;
3. To notify the Secretary of State where a club
incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
4. To receive a complaint from any citizen within his
jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon the complaint in the manner hereinafter provided;
5. To receive local license fees and pay the same
forthwith to the city, village, town, or county treasurer, as the case may be.
Each local liquor commissioner also has the duty to notify
the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of
this Act or a similar provision of a local ordinance.
In counties and municipalities, the local liquor control
commissioners shall also have the power to levy fines in accordance with
Section 7-5 of this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
235 ILCS 5/4-5
(235 ILCS 5/4-5)
(from Ch. 43, par. 113)
The local liquor control commissioner shall have the right to
examine, or cause to be examined, under oath, any applicant for a local
license or for a renewal thereof, or any licensee upon whom notice of
revocation or suspension has been served in the manner hereinafter
provided, and to examine or cause to be examined, the books and records of
any such applicant or licensee; to hear testimony and take proof for his
information in the performance of his duties, and for such purpose to issue
subpoenas which shall be effective in any part of this State. For the
purpose of obtaining any of the information desired by the local liquor
control commissioner under this section, he may authorize his agent to act
on his behalf.
(Source: P.A. 82-783.)