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90_HB1865
235 ILCS 5/3-12 from Ch. 43, par. 108
Amends the Liquor Control Act of 1934. Provides that the
Liquor Control Commission shall make available to each
licensee in the State a schedule of fines and penalties that
may be imposed under the Act. Provides that the Commission
shall have 30 days from the date of an inspection to issue a
notice of violation to a licensee. Provides that the maximum
penalty for selling a bottle of alcoholic liquor with a
foreign object in it or serving alcoholic liquor from a
bottle with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor.
LRB9002333LDdvA
LRB9002333LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 3-12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 3-12 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3-12. The State commission shall have the following
10 powers, functions and duties:
11 (1) To receive applications and to issue licenses to
12 manufacturers, foreign importers, importing distributors,
13 distributors, non-resident dealers, on premise consumption
14 retailers, off premise sale retailers, special event retailer
15 licensees, special use permit licenses, auction liquor
16 licenses, brew pubs, caterer retailers, non-beverage users,
17 railroads, including owners and lessees of sleeping, dining
18 and cafe cars, airplanes and boats, in accordance with the
19 provisions of this Act, and to suspend or revoke such
20 licenses upon the State commission's determination, upon
21 notice after hearing, that a licensee has violated any
22 provision of this Act or any rule or regulation issued
23 pursuant thereto and in effect for 30 days prior to such
24 violation.
25 In lieu of suspending or revoking a license, the
26 commission may impose a fine, upon the State commission's
27 determination and notice after hearing, that a licensee has
28 violated any provision of this Act or any rule or regulation
29 issued pursuant thereto and in effect for 30 days prior to
30 such violation. The fine imposed under this paragraph may
31 not exceed $500 for each violation. Each day that the
-2- LRB9002333LDdvA
1 activity, which gave rise to the original fine, continues is
2 a separate violation. The maximum fine that may be levied
3 against any licensee, for the period of the license, shall
4 not exceed $20,000. The maximum penalty that may be imposed
5 on a licensee for selling a bottle of alcoholic liquor with a
6 foreign object in it or serving alcoholic liquor from a
7 bottle with a foreign object in it shall be the destruction
8 of that bottle of alcoholic liquor. The Commission shall make
9 available to every licensee in the State a schedule of
10 penalties and fines for violations of this Act. The
11 Commission shall have 30 days from the date of inspection to
12 issue a notice of a violation to a licensee for a violation
13 detected during that inspection.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 where alcoholic liquors are manufactured, distributed or
33 sold.
34 (6) To hear and determine appeals from orders of a local
-3- LRB9002333LDdvA
1 commission in accordance with the provisions of this Act, as
2 hereinafter set forth. Hearings under this subsection shall
3 be held in Springfield or Chicago, at whichever location is
4 the more convenient for the majority of persons who are
5 parties to the hearing.
6 (7) The commission shall establish uniform systems of
7 accounts to be kept by all retail licensees having more than
8 4 employees, and for this purpose the commission may classify
9 all retail licensees having more than 4 employees and
10 establish a uniform system of accounts for each class and
11 prescribe the manner in which such accounts shall be kept.
12 The commission may also prescribe the forms of accounts to be
13 kept by all retail licensees having more than 4 employees,
14 including but not limited to accounts of earnings and
15 expenses and any distribution, payment, or other distribution
16 of earnings or assets, and any other forms, records and
17 memoranda which in the judgment of the commission may be
18 necessary or appropriate to carry out any of the provisions
19 of this Act, including but not limited to such forms, records
20 and memoranda as will readily and accurately disclose at all
21 times the beneficial ownership of such retail licensed
22 business. The accounts, forms, records and memoranda shall
23 be available at all reasonable times for inspection by
24 authorized representatives of the State commission or by any
25 local liquor control commissioner or his or her authorized
26 representative. The commission, may, from time to time,
27 alter, amend or repeal, in whole or in part, any uniform
28 system of accounts, or the form and manner of keeping
29 accounts.
30 (8) In the conduct of any hearing authorized to be held
31 by the commission, to examine, or cause to be examined, under
32 oath, any licensee, and to examine or cause to be examined
33 the books and records of such licensee; to hear testimony and
34 take proof material for its information in the discharge of
-4- LRB9002333LDdvA
1 its duties hereunder; to administer or cause to be
2 administered oaths; and for any such purpose to issue
3 subpoena or subpoenas to require the attendance of witnesses
4 and the production of books, which shall be effective in any
5 part of this State.
6 Any Circuit Court may by order duly entered, require the
7 attendance of witnesses and the production of relevant books
8 subpoenaed by the State commission and the court may compel
9 obedience to its order by proceedings for contempt.
10 (9) To investigate the administration of laws in
11 relation to alcoholic liquors in this and other states and
12 any foreign countries, and to recommend from time to time to
13 the Governor and through him or her to the legislature of
14 this State, such amendments to this Act, if any, as it may
15 think desirable and as will serve to further the general
16 broad purposes contained in Section 1-2 hereof.
17 (10) To adopt such rules and regulations consistent with
18 the provisions of this Act which shall be necessary for the
19 control, sale or disposition of alcoholic liquor damaged as a
20 result of an accident, wreck, flood, fire or other similar
21 occurrence.
22 (11) To develop industry educational programs related to
23 responsible serving and selling, particularly in the areas of
24 overserving consumers and illegal underage purchasing and
25 consumption of alcoholic beverages.
26 (12) To develop and maintain a repository of license and
27 regulatory information.
28 (13) On or before January 15, 1994, the Commission shall
29 issue a written report to the Governor and General Assembly
30 that is to be based on a comprehensive study of the impact on
31 and implications for the State of Illinois of Section 1926 of
32 the Federal ADAMHA Reorganization Act of 1992 (Public Law
33 102-321). This study shall address the extent to which
34 Illinois currently complies with the provisions of P.L.
-5- LRB9002333LDdvA
1 102-321 and the rules promulgated pursuant thereto.
2 As part of its report, the Commission shall provide the
3 following essential information:
4 (i) the number of retail distributors of tobacco
5 products, by type and geographic area, in the State;
6 (ii) the number of reported citations and
7 successful convictions, categorized by type and location
8 of retail distributor, for violation of the Sale of
9 Tobacco to Minors Act and the Smokeless Tobacco
10 Limitation Act;
11 (iii) the extent and nature of organized
12 educational and governmental activities that are intended
13 to promote, encourage or otherwise secure compliance with
14 any Illinois laws that prohibit the sale or distribution
15 of tobacco products to minors; and
16 (iv) the level of access and availability of
17 tobacco products to individuals under the age of 18.
18 To obtain the data necessary to comply with the
19 provisions of P.L. 102-321 and the requirements of this
20 report, the Commission shall conduct random, unannounced
21 inspections of a geographically and scientifically
22 representative sample of the State's retail tobacco
23 distributors.
24 The Commission shall consult with the Department of
25 Public Health, the Department of Alcoholism and Substance
26 Abuse, the Illinois State Police and any other executive
27 branch agency, and private organizations that may have
28 information relevant to this report.
29 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 3-12. The State commission shall have the following
32 powers, functions and duties:
33 (1) To receive applications and to issue licenses to
34 manufacturers, foreign importers, importing distributors,
-6- LRB9002333LDdvA
1 distributors, non-resident dealers, on premise consumption
2 retailers, off premise sale retailers, special event retailer
3 licensees, special use permit licenses, auction liquor
4 licenses, brew pubs, caterer retailers, non-beverage users,
5 railroads, including owners and lessees of sleeping, dining
6 and cafe cars, airplanes and boats, in accordance with the
7 provisions of this Act, and to suspend or revoke such
8 licenses upon the State commission's determination, upon
9 notice after hearing, that a licensee has violated any
10 provision of this Act or any rule or regulation issued
11 pursuant thereto and in effect for 30 days prior to such
12 violation.
13 In lieu of suspending or revoking a license, the
14 commission may impose a fine, upon the State commission's
15 determination and notice after hearing, that a licensee has
16 violated any provision of this Act or any rule or regulation
17 issued pursuant thereto and in effect for 30 days prior to
18 such violation. The fine imposed under this paragraph may
19 not exceed $500 for each violation. Each day that the
20 activity, which gave rise to the original fine, continues is
21 a separate violation. The maximum fine that may be levied
22 against any licensee, for the period of the license, shall
23 not exceed $20,000. The maximum penalty that may be imposed
24 on a licensee for selling a bottle of alcoholic liquor with a
25 foreign object in it or serving alcoholic liquor from a
26 bottle with a foreign object in it shall be the destruction
27 of that bottle of alcoholic liquor. The Commission shall make
28 available to every licensee in the State a schedule of
29 penalties and fines for violations of this Act. The
30 Commission shall have 30 days from the date of inspection to
31 issue a notice of a violation to a licensee for a violation
32 detected during that inspection.
33 (2) To adopt such rules and regulations consistent with
34 the provisions of this Act which shall be necessary to carry
-7- LRB9002333LDdvA
1 on its functions and duties to the end that the health,
2 safety and welfare of the People of the State of Illinois
3 shall be protected and temperance in the consumption of
4 alcoholic liquors shall be fostered and promoted and to
5 distribute copies of such rules and regulations to all
6 licensees affected thereby.
7 (3) To call upon other administrative departments of the
8 State, county and municipal governments, county and city
9 police departments and upon prosecuting officers for such
10 information and assistance as it deems necessary in the
11 performance of its duties.
12 (4) To recommend to local commissioners rules and
13 regulations, not inconsistent with the law, for the
14 distribution and sale of alcoholic liquors throughout the
15 State.
16 (5) To inspect, or cause to be inspected, any premises
17 where alcoholic liquors are manufactured, distributed or
18 sold.
19 (6) To hear and determine appeals from orders of a local
20 commission in accordance with the provisions of this Act, as
21 hereinafter set forth. Hearings under this subsection shall
22 be held in Springfield or Chicago, at whichever location is
23 the more convenient for the majority of persons who are
24 parties to the hearing.
25 (7) The commission shall establish uniform systems of
26 accounts to be kept by all retail licensees having more than
27 4 employees, and for this purpose the commission may classify
28 all retail licensees having more than 4 employees and
29 establish a uniform system of accounts for each class and
30 prescribe the manner in which such accounts shall be kept.
31 The commission may also prescribe the forms of accounts to be
32 kept by all retail licensees having more than 4 employees,
33 including but not limited to accounts of earnings and
34 expenses and any distribution, payment, or other distribution
-8- LRB9002333LDdvA
1 of earnings or assets, and any other forms, records and
2 memoranda which in the judgment of the commission may be
3 necessary or appropriate to carry out any of the provisions
4 of this Act, including but not limited to such forms, records
5 and memoranda as will readily and accurately disclose at all
6 times the beneficial ownership of such retail licensed
7 business. The accounts, forms, records and memoranda shall
8 be available at all reasonable times for inspection by
9 authorized representatives of the State commission or by any
10 local liquor control commissioner or his or her authorized
11 representative. The commission, may, from time to time,
12 alter, amend or repeal, in whole or in part, any uniform
13 system of accounts, or the form and manner of keeping
14 accounts.
15 (8) In the conduct of any hearing authorized to be held
16 by the commission, to examine, or cause to be examined, under
17 oath, any licensee, and to examine or cause to be examined
18 the books and records of such licensee; to hear testimony and
19 take proof material for its information in the discharge of
20 its duties hereunder; to administer or cause to be
21 administered oaths; and for any such purpose to issue
22 subpoena or subpoenas to require the attendance of witnesses
23 and the production of books, which shall be effective in any
24 part of this State.
25 Any Circuit Court may by order duly entered, require the
26 attendance of witnesses and the production of relevant books
27 subpoenaed by the State commission and the court may compel
28 obedience to its order by proceedings for contempt.
29 (9) To investigate the administration of laws in
30 relation to alcoholic liquors in this and other states and
31 any foreign countries, and to recommend from time to time to
32 the Governor and through him or her to the legislature of
33 this State, such amendments to this Act, if any, as it may
34 think desirable and as will serve to further the general
-9- LRB9002333LDdvA
1 broad purposes contained in Section 1-2 hereof.
2 (10) To adopt such rules and regulations consistent with
3 the provisions of this Act which shall be necessary for the
4 control, sale or disposition of alcoholic liquor damaged as a
5 result of an accident, wreck, flood, fire or other similar
6 occurrence.
7 (11) To develop industry educational programs related to
8 responsible serving and selling, particularly in the areas of
9 overserving consumers and illegal underage purchasing and
10 consumption of alcoholic beverages.
11 (12) To develop and maintain a repository of license and
12 regulatory information.
13 (13) On or before January 15, 1994, the Commission shall
14 issue a written report to the Governor and General Assembly
15 that is to be based on a comprehensive study of the impact on
16 and implications for the State of Illinois of Section 1926 of
17 the Federal ADAMHA Reorganization Act of 1992 (Public Law
18 102-321). This study shall address the extent to which
19 Illinois currently complies with the provisions of P.L.
20 102-321 and the rules promulgated pursuant thereto.
21 As part of its report, the Commission shall provide the
22 following essential information:
23 (i) the number of retail distributors of tobacco
24 products, by type and geographic area, in the State;
25 (ii) the number of reported citations and
26 successful convictions, categorized by type and location
27 of retail distributor, for violation of the Sale of
28 Tobacco to Minors Act and the Smokeless Tobacco
29 Limitation Act;
30 (iii) the extent and nature of organized
31 educational and governmental activities that are intended
32 to promote, encourage or otherwise secure compliance with
33 any Illinois laws that prohibit the sale or distribution
34 of tobacco products to minors; and
-10- LRB9002333LDdvA
1 (iv) the level of access and availability of
2 tobacco products to individuals under the age of 18.
3 To obtain the data necessary to comply with the
4 provisions of P.L. 102-321 and the requirements of this
5 report, the Commission shall conduct random, unannounced
6 inspections of a geographically and scientifically
7 representative sample of the State's retail tobacco
8 distributors.
9 The Commission shall consult with the Department of
10 Public Health, the Department of Human Services, the Illinois
11 State Police and any other executive branch agency, and
12 private organizations that may have information relevant to
13 this report.
14 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
15 eff. 7-1-97.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.