[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 003 ] |
91_HB1219eng HB1219 Engrossed LRB9100676LDcsA 1 AN ACT to amend the Liquor Control Act of 1934 by 2 changing Sections 3-12 and 6-24a and adding Section 6-32. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 10. The Liquor Control Act of 1934 is amended by 6 changing Sections 3-12 and 6-24a and adding Section 6-32 as 7 follows: 8 (235 ILCS 5/3-12) (from Ch. 43, par. 108) 9 Sec. 3-12. (a) The State commission shall have the 10 following 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, boats, brokers, and wine maker's 19 retail licensees in accordance with the provisions of this 20 Act, and to suspend or revoke such licenses upon the State 21 commission's determination, upon notice after hearing, that a 22 licensee has violated any provision of this Act or any rule 23 or regulation issued pursuant thereto and in effect for 30 24 days prior to such 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 HB1219 Engrossed -2- LRB9100676LDcsA 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 from a bottle of alcoholic 7 liquor with a foreign object in it shall be the destruction 8 of that bottle of alcoholic liquor for the first 10 bottles 9 so sold or served from by the licensee. For the eleventh 10 bottle of alcoholic liquor and for each third bottle 11 thereafter sold or served from by the licensee with a foreign 12 object in it, the maximum penalty that may be imposed on the 13 licensee is the destruction of the bottle of alcoholic liquor 14 and a fine of up to $50. 15 (2) To adopt such rules and regulations consistent with 16 the provisions of this Act which shall be necessary to carry 17 on its functions and duties to the end that the health, 18 safety and welfare of the People of the State of Illinois 19 shall be protected and temperance in the consumption of 20 alcoholic liquors shall be fostered and promoted and to 21 distribute copies of such rules and regulations to all 22 licensees affected thereby. 23 (3) To call upon other administrative departments of the 24 State, county and municipal governments, county and city 25 police departments and upon prosecuting officers for such 26 information and assistance as it deems necessary in the 27 performance of its duties. 28 (4) To recommend to local commissioners rules and 29 regulations, not inconsistent with the law, for the 30 distribution and sale of alcoholic liquors throughout the 31 State. 32 (5) To inspect, or cause to be inspected, any premises 33 in this State where alcoholic liquors are manufactured, 34 distributed, warehoused, or sold. HB1219 Engrossed -3- LRB9100676LDcsA 1 (5.1) Upon receipt of a complaint or upon having 2 knowledge that any person is engaged in business as a 3 manufacturer, importing distributor, distributor, or retailer 4 without a license or valid license, to notify the local 5 liquor authority, file a complaint with the State's 6 Attorney's Office of the county where the incident occurred, 7 or initiate an investigation with the appropriate law 8 enforcement officials. 9 (5.2) To issue a cease and desist notice to persons 10 shipping alcoholic liquor into this State from a point 11 outside of this State if the shipment is in violation of this 12 Act. 13 (6) To hear and determine appeals from orders of a local 14 commission in accordance with the provisions of this Act, as 15 hereinafter set forth. Hearings under this subsection shall 16 be held in Springfield or Chicago, at whichever location is 17 the more convenient for the majority of persons who are 18 parties to the hearing. 19 (7) The commission shall establish uniform systems of 20 accounts to be kept by all retail licensees having more than 21 4 employees, and for this purpose the commission may classify 22 all retail licensees having more than 4 employees and 23 establish a uniform system of accounts for each class and 24 prescribe the manner in which such accounts shall be kept. 25 The commission may also prescribe the forms of accounts to be 26 kept by all retail licensees having more than 4 employees, 27 including but not limited to accounts of earnings and 28 expenses and any distribution, payment, or other distribution 29 of earnings or assets, and any other forms, records and 30 memoranda which in the judgment of the commission may be 31 necessary or appropriate to carry out any of the provisions 32 of this Act, including but not limited to such forms, records 33 and memoranda as will readily and accurately disclose at all 34 times the beneficial ownership of such retail licensed HB1219 Engrossed -4- LRB9100676LDcsA 1 business. The accounts, forms, records and memoranda shall 2 be available at all reasonable times for inspection by 3 authorized representatives of the State commission or by any 4 local liquor control commissioner or his or her authorized 5 representative. The commission, may, from time to time, 6 alter, amend or repeal, in whole or in part, any uniform 7 system of accounts, or the form and manner of keeping 8 accounts. 9 (8) In the conduct of any hearing authorized to be held 10 by the commission, to examine, or cause to be examined, under 11 oath, any licensee, and to examine or cause to be examined 12 the books and records of such licensee; to hear testimony and 13 take proof material for its information in the discharge of 14 its duties hereunder; to administer or cause to be 15 administered oaths; and for any such purpose to issue 16 subpoena or subpoenas to require the attendance of witnesses 17 and the production of books, which shall be effective in any 18 part of this State. 19 Any Circuit Court may by order duly entered, require the 20 attendance of witnesses and the production of relevant books 21 subpoenaed by the State commission and the court may compel 22 obedience to its order by proceedings for contempt. 23 (9) To investigate the administration of laws in 24 relation to alcoholic liquors in this and other states and 25 any foreign countries, and to recommend from time to time to 26 the Governor and through him or her to the legislature of 27 this State, such amendments to this Act, if any, as it may 28 think desirable and as will serve to further the general 29 broad purposes contained in Section 1-2 hereof. 30 (10) To adopt such rules and regulations consistent with 31 the provisions of this Act which shall be necessary for the 32 control, sale or disposition of alcoholic liquor damaged as a 33 result of an accident, wreck, flood, fire or other similar 34 occurrence. HB1219 Engrossed -5- LRB9100676LDcsA 1 (11) To develop industry educational programs related to 2 responsible serving and selling, particularly in the areas of 3 overserving consumers and illegal underage purchasing and 4 consumption of alcoholic beverages. 5 (12) To develop and maintain a repository of license and 6 regulatory information. 7 (13) On or before January 15, 1994, the Commission shall 8 issue a written report to the Governor and General Assembly 9 that is to be based on a comprehensive study of the impact on 10 and implications for the State of Illinois of Section 1926 of 11 the Federal ADAMHA Reorganization Act of 1992 (Public Law 12 102-321). This study shall address the extent to which 13 Illinois currently complies with the provisions of P.L. 14 102-321 and the rules promulgated pursuant thereto. 15 As part of its report, the Commission shall provide the 16 following essential information: 17 (i) the number of retail distributors of tobacco 18 products, by type and geographic area, in the State; 19 (ii) the number of reported citations and 20 successful convictions, categorized by type and location 21 of retail distributor, for violation of the Sale of 22 Tobacco to Minors Act and the Smokeless Tobacco 23 Limitation Act; 24 (iii) the extent and nature of organized 25 educational and governmental activities that are intended 26 to promote, encourage or otherwise secure compliance with 27 any Illinois laws that prohibit the sale or distribution 28 of tobacco products to minors; and 29 (iv) the level of access and availability of 30 tobacco products to individuals under the age of 18. 31 To obtain the data necessary to comply with the 32 provisions of P.L. 102-321 and the requirements of this 33 report, the Commission shall conduct random, unannounced 34 inspections of a geographically and scientifically HB1219 Engrossed -6- LRB9100676LDcsA 1 representative sample of the State's retail tobacco 2 distributors. 3 The Commission shall consult with the Department of 4 Public Health, the Department of Human Services, the Illinois 5 State Police and any other executive branch agency, and 6 private organizations that may have information relevant to 7 this report. 8 The Commission may contract with the Food and Drug 9 Administration of the U.S. Department of Health and Human 10 Services to conduct unannounced investigations of Illinois 11 tobacco vendors to determine compliance with federal laws 12 relating to the illegal sale of cigarettes and smokeless 13 tobacco products to persons under the age of 18. 14 (14) To administer warning sign provisions pursuant to 15 Section 6-32. 16 (b) On or before April 30, 1999, the Commission shall 17 present a written report to the Governor and the General 18 Assembly that shall be based on a study of the impact of this 19 amendatory Act of 1998 on the business of soliciting, 20 selling, and shipping alcoholic liquor from outside of this 21 State directly to residents of this State. 22 As part of its report, the Commission shall provide the 23 following information: 24 (i) the amount of State excise and sales tax 25 revenues generated as a result of this amendatory Act of 26 1998; 27 (ii) the amount of licensing fees received as a 28 result of this amendatory Act of 1998; 29 (iii) the number of reported violations, the number 30 of cease and desist notices issued by the Commission, the 31 number of notices of violations issued to the Department 32 of Revenue, and the number of notices and complaints of 33 violations to law enforcement officials. 34 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432, HB1219 Engrossed -7- LRB9100676LDcsA 1 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.) 2 (235 ILCS 5/6-24a) (from Ch. 43, par. 139a) 3 Sec. 6-24a. Display of birth defects warning signs. 4 (a) The General Assembly finds that there is a need for 5 public information about the risk of birth defects 6 (specifically Fetal Alcohol Syndrome) when women consume 7 alcoholic liquor during pregnancy. The United States Surgeon 8 General has recommended abstinence from alcohol during 9 pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol 10 effects are preventable, the General Assembly finds that it 11 is in the public interest to provide warning about the risk 12 of alcohol-related birth defects at places where alcoholic 13 liquors are sold. 14 (b) Every holder of a retail license that, whether the15licenseesells or offers for sale alcoholic liquors for use 16 or consumptionon oroff the retail license premises, shall 17 cause a sign with the message "GOVERNMENT WARNING: ACCORDING 18 TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC 19 BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH 20 DEFECTS" to be framed and hung in plain view. These signs 21 shall be no larger than 8 1/2 inches by 11 inches. 22 (c) In the event there is no warning sign posted on the 23 retailer's premises as required under this Section, it shall 24 be the responsibility of the Illinois Liquor Control 25 Commission to furnish the retailer with a warning sign. The 26 retailer shall have 30 days from receipt of the warning sign 27 to post it on the licensed premises. Thereafter, a retailer 28 who violates this Section is subject to a written warning for 29 the first violation. For a second or subsequent violation, 30 the retailer shall pay a fine of at least $20 but not more 31 than $100 for each such violation. For the third and 32 subsequent violations, each day the activity continues shall 33 be a separate violation. HB1219 Engrossed -8- LRB9100676LDcsA 1 (Source: P.A. 89-250, eff. 1-1-96.) 2 (235 ILCS 5/6-32 new) 3 Sec. 6-32. Warning signs. 4 (a) A retailer who sells alcoholic beverages for 5 consumption on the premises shall post, in a conspicuous 6 place in every restroom to which females have access, a sign 7 that clearly reads: "GOVERNMENT WARNING: ACCORDING TO THE 8 SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES 9 DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS." The 10 sign shall include a picture, occupying not less than 11 one-half of the sign, illustrating a pregnant woman and the 12 international red "prohibited" symbol over an alcoholic 13 beverage. The illustration shall be no smaller than 11 inches 14 by 17 inches. 15 (b) The Commission shall make such warning signs 16 available to retailers of alcoholic beverages. 17 (c) In the event there is no warning sign posted on the 18 retailer's premises as required under this Section, it shall 19 be the responsibility of the Illinois Liquor Control 20 Commission to furnish the retailer with a warning sign. The 21 retailer shall have 30 days from receipt of the warning sign 22 to post it on the licensed premises. Thereafter, a retailer 23 who violates this Section is subject to a written warning for 24 the first violation. For a second or subsequent violation, 25 the retailer shall pay a fine of at least $20 but not more 26 than $100 for each such violation. For the third and 27 subsequent violations, each day the activity continues shall 28 be a separate violation.