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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.
LIQUOR (235 ILCS 5/) Liquor Control Act of 1934. 235 ILCS 5/7-6
(235 ILCS 5/7-6) (from Ch. 43, par. 150)
Sec. 7-6. All proceedings for the revocation or suspension of licenses
of manufacturers, distributors, importing distributors, non-resident dealers,
foreign
importers, non-beverage users, railroads, airplanes and boats shall be
before the State Commission. All such proceedings and all proceedings
for the revocation or suspension of a retailer's license before the
State commission shall be in accordance with rules and regulations
established by it not inconsistent with law. However, no such license
shall be so revoked or suspended except after a hearing by the State
commission with reasonable notice to the licensee served by registered
or certified mail with return receipt requested at least 10 days
prior to
the hearings at the last known place of business of the licensee and
after an opportunity to appear and defend. Such notice shall
specify the
time and place of the hearing, the nature of the charges, the
specific provisions of the Act and rules violated, and the specific facts
supporting the charges or violation. The
findings of the Commission shall be predicated upon competent evidence.
The revocation of a local license shall automatically result in the
revocation of a State license.
Upon notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the issuance or renewal of a license, fine a licensee, or suspend or revoke any license issued by the State Commission if the licensee or license applicant has
violated the
provisions of Section 3 of the Retailers' Occupation Tax Act.
All procedures for the suspension or revocation
of a license, as enumerated above, are applicable to the levying of fines
for violations of this Act or any rule or regulation issued pursuant thereto.
(Source: P.A. 95-331, eff. 8-21-07.)
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235 ILCS 5/7-7
(235 ILCS 5/7-7) (from Ch. 43, par. 151)
Sec. 7-7.
Any five residents of the city, village or county shall have the
right to file a complaint with the local commission stating that any
retailer licensee, subject to the jurisdiction of the local commission, has
been or is violating the provisions of this Act or the rules or regulations
issued pursuant hereto. Such complaint shall be in writing in the form
prescribed by the local commission and shall be signed and sworn to by the
parties complaining. The complaint shall state the particular provision,
rule or regulation believed to have been violated and the facts in detail
upon which belief is based. If the local commission is satisfied that the
complaint substantially charges a violation and that from the facts alleged
there is reasonable cause for such belief, it shall set the matter for
hearing and shall serve notice upon the licensee of the time and place of
such hearing and of the particular charge in the complaint.
(Source: P.A. 82-783.)
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235 ILCS 5/7-8
(235 ILCS 5/7-8) (from Ch. 43, par. 152)
Sec. 7-8.
For each city, village or incorporated town having a population
of 500,000 or more inhabitants, there is established a license appeal
commission consisting of the chairman of the Illinois Liquor Control
Commission, the most senior member of the Illinois Liquor Control Commission
who is not of the same political party as the chairman, and one person who is
a resident of the particular city, village or incorporated town selected by
the council or president and board of trustees, as the case may be, who
shall serve for a term of 4 years and until his successor is selected
and takes office. Neither the mayor, president of the board of trustees,
nor any member of the council or board of trustees shall be eligible for
membership on a license appeal commission. Each of the 2 members of the
Illinois Liquor Control Commission shall receive a $200 per diem
for their work on the license appeal commission, and the other member shall
receive an annual salary which shall be paid by the particular city,
village or incorporated town. The secretary of the Illinois Liquor Control
Commission shall be ex-officio the secretary for each license appeal
commission.
(Source: P.A. 91-798, eff. 7-9-00; 91-922, eff. 7-7-00.)
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235 ILCS 5/7-9
(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9.
Except as provided in this Section, any order or action of a
local liquor control commissioner levying a fine or refusing to levy a fine
on a licensee, granting or refusing to grant a license,
revoking or suspending or refusing to revoke or suspend a license or
refusing for more than 30 days to grant a hearing upon a complaint to
revoke or suspend a license may, within 20 days after notice of such
order or action, be appealed by any resident of the political
subdivision under the jurisdiction of the local liquor control
commissioner or any person interested, to the State Commission.
In any case where a licensee appeals to the State Commission from an
order or action of the local liquor control commission having the effect of
suspending or revoking a license, denying a renewal application, or
refusing to grant a license, the licensee shall resume the operation of the
licensed business pending the decision of the State Commission and the
expiration of the time allowed for an application for rehearing. If an
application for rehearing is filed, the licensee shall continue the
operation of the licensed business until the denial of the application or,
if the rehearing is granted, until the decision on rehearing.
In any case in which a licensee appeals to the State Commission a
suspension or revocation by a local liquor control commissioner that is the
second or subsequent such suspension or revocation placed on that licensee
within the preceding 12 month period, the licensee shall
consider the suspension or revocation to be in effect until a reversal of
the local liquor control commissioner's action has been issued by the State
Commission and shall cease all activity otherwise authorized by the
license. The State Commission shall expedite, to the greatest extent
possible, its consideration of any appeal that is an appeal of a second or
subsequent suspension or revocation within the past 12 month period.
The appeal shall be limited to a review of the official record of the
proceedings of such local liquor control commissioner if the county board,
city council or board of trustees, as the case may be,
has adopted a resolution requiring that such review be on the record. If such
resolution is adopted, a certified official record of the proceedings
taken and prepared by a certified court reporter or certified shorthand
reporter shall be filed by the local liquor control commissioner within 5
days after notice of the filing of such appeal, if the appellant licensee
pays for the cost of the transcript.
The State Commission
shall
review the propriety of the order or action of the local liquor control
commissioner and shall consider the following questions:
(a) whether the local liquor control commissioner has | | proceeded in the manner provided by law;
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial
| | evidence in the light of the whole record.
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The only evidence which may be considered in the review, shall be the
evidence found in the certified official record of the proceedings of
the local liquor control commissioner. No new or additional evidence
shall be admitted or considered. The State Commission shall render a
decision affirming, reversing or modifying the order or action reviewed
within 30 days after the appeal was heard.
In the event such appeal is from an order of a local liquor control
commissioner of a city, village or incorporated town of 500,000 or more
inhabitants, granting or refusing to grant a license or refusing for
more than 30 days to grant a hearing upon a complaint to revoke or
suspend a license, the matter of the propriety of such order or action
shall be tried de novo by the license appeal commission as expeditiously
as circumstances permit.
In the event such appeal is from an order or action of a local liquor
control commissioner of a city, village or incorporated town of 500,000
or more inhabitants, imposing a fine or refusing to impose a fine on a
licensee, revoking or suspending or refusing to revoke or
suspend a license, the license appeal commission shall determine the
appeal by a review of the official record of the proceedings of such
local liquor control commissioner. A certified record of the proceedings
shall be promptly filed with the license appeal commission by such local
liquor
control commissioner after notice of the filing of such
appeal if the appellant licensee pays for the cost of the transcript
and promptly delivers the transcript to
the local liquor control commission or its attorney.
The review by the license appeal commission shall be limited to
the questions:
(a) whether the local liquor control commissioner has
| | proceeded in the manner provided by law;
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial
| | evidence in the light of the whole record.
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No new or additional evidence in support
of or in opposition to such order or action under appeal shall be
received other than that contained in such record of the proceedings.
Within 30 days after such appeal was heard,
the license appeal
commission shall render its decision in accordance with the provisions
of Section 7-5.
In cities, villages and incorporated towns having a population of
500,000 or more inhabitants, appeals from any order or action shall lie
to the license appeal commission of such city, village or incorporated
town. All of the provisions of this Section and Section 7-10 relative
to proceedings upon appeals before the State Commission
and relative to appeals from the decisions of the State Commission shall
apply also to proceedings upon appeals before any license appeal
commission and appeals from the decisions of license appeal commission.
In any trial de novo hearing before the State Commission or license
appeal commission, the local liquor control commissioner shall be
entitled to 10 days notice and to be heard. All such trial de novo
hearings shall be open to the public and the Illinois Liquor Control
Commission and the license appeal commission shall reduce all evidence
offered thereto to writing.
If after trial de novo hearing or review as provided herein, the
State Commission or the license appeal commission (as the case may be)
shall decide that the license has been improperly issued, denied,
revoked, suspended or refused to be revoked or suspended or a hearing to
revoke or suspend has been improperly refused or that the licensee has been
improperly fined or not fined, it shall enter an order
in conformity with such findings, which order shall be in writing.
A certified copy of the order shall be transmitted to the particular
local liquor control commissioner and it shall be the duty of the local
liquor control commissioner to take such action as may be necessary to
conform with the order.
In any trial de novo hearing before the State Commission or the
license appeal commission, the licensee shall submit to examination and
produce books and records material to the business conducted under the
license in like manner as before the local liquor control commissioner,
and the failure of the licensee to submit to such an examination or to
produce such books and records, or to appear at the hearing on such
appeal, shall constitute an admission that he has violated the
provisions of this Act. In the event the appeal is from an order of the
local liquor control commissioner
denying a renewal application, the
licensee shall have on deposit with the local liquor control
commissioner an amount sufficient to cover the license fee for the
renewal period and any bond that may be required.
(Source: P.A. 88-613, eff. 1-1-95.)
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235 ILCS 5/7-10
(235 ILCS 5/7-10) (from Ch. 43, par. 154)
Sec. 7-10.
A copy of the rule, regulation, order or decision of the State
commission or the license appeal commission, in any proceeding before it,
certified under the seal of said commission, shall be served upon each
party of record to the proceeding before the commission and service upon
any attorney of record for any such party shall be deemed service upon such
party. Each party appearing before said commission shall enter his
appearance and indicate to the commission his address for the service of a
copy of any rule, regulation, order, decision or notice and the mailing of
a copy of any rule, regulation or order of said commission or of any notice
by said commission, in said proceeding, to said party at such address shall
be deemed service thereof upon such party.
Within 20 days after the service of any rule, regulation, order or
decision of said commission upon any party to the proceeding, such party
may apply for a rehearing in respect to any matters determined by said
commission. If a rehearing is granted, the commission shall hold the
rehearing and render a decision within 20 days from the filing of the
application for rehearing with the secretary of the commission. The time
for holding such rehearing and rendering a decision may be extended for a
period not to exceed 30 days, for good cause shown, and by notice in
writing to all parties of interest. No action for the judicial review of
any decision of said commission shall be allowed unless the party
commencing such action has first filed an application for a rehearing and
the commission has acted upon said application. Only one rehearing may be
granted by the commission on application of any one party.
(Source: P.A. 82-783.)
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235 ILCS 5/7-11
(235 ILCS 5/7-11) (from Ch. 43, par. 154a)
Sec. 7-11.
Judicial review.
All final administrative decisions of
the State Commission under this Act shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Judicial review may be requested by any party in
interest, including but not limited to the local liquor control
commissioner. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 86-1279.)
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235 ILCS 5/7-12
(235 ILCS 5/7-12) (from Ch. 43, par. 155)
Sec. 7-12.
Whenever any licensee shall have been convicted
by any court of a
wilful violation of any of the provisions of this Act, he shall, in
addition to the penalties for such offense, incur a forfeiture of his state
and local license and all moneys that have been paid therefor; the local
commission shall thereupon revoke his license or the State commission shall
revoke his license as the case may be.
(Source: P.A. 82-783.)
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