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91_HB1219ham001
LRB9100676LDmbam02
1 AMENDMENT TO HOUSE BILL 1219
2 AMENDMENT NO. . Amend House Bill 1219 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT to amend the Liquor Control Act of 1934 by
5 changing Sections 3-12 and 6-24a and adding Section 6-32.";
6 and
7 on page 1, by deleting lines 4 through 11; and
8 on page 1, line 12, after "by" by inserting "changing
9 Sections 3-12 and 6-24a and"; and
10 on page 1, by inserting the following immediately after line
11 13:
12 "(235 ILCS 5/3-12) (from Ch. 43, par. 108)
13 Sec. 3-12. (a) The State commission shall have the
14 following powers, functions and duties:
15 (1) To receive applications and to issue licenses to
16 manufacturers, foreign importers, importing distributors,
17 distributors, non-resident dealers, on premise consumption
18 retailers, off premise sale retailers, special event retailer
19 licensees, special use permit licenses, auction liquor
20 licenses, brew pubs, caterer retailers, non-beverage users,
21 railroads, including owners and lessees of sleeping, dining
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1 and cafe cars, airplanes, boats, brokers, and wine maker's
2 retail licensees in accordance with the provisions of this
3 Act, and to suspend or revoke such licenses upon the State
4 commission's determination, upon notice after hearing, that a
5 licensee has violated any provision of this Act or any rule
6 or regulation issued pursuant thereto and in effect for 30
7 days prior to such violation.
8 In lieu of suspending or revoking a license, the
9 commission may impose a fine, upon the State commission's
10 determination and notice after hearing, that a licensee has
11 violated any provision of this Act or any rule or regulation
12 issued pursuant thereto and in effect for 30 days prior to
13 such violation. The fine imposed under this paragraph may
14 not exceed $500 for each violation. Each day that the
15 activity, which gave rise to the original fine, continues is
16 a separate violation. The maximum fine that may be levied
17 against any licensee, for the period of the license, shall
18 not exceed $20,000. The maximum penalty that may be imposed
19 on a licensee for selling a bottle of alcoholic liquor with a
20 foreign object in it or serving from a bottle of alcoholic
21 liquor with a foreign object in it shall be the destruction
22 of that bottle of alcoholic liquor for the first 10 bottles
23 so sold or served from by the licensee. For the eleventh
24 bottle of alcoholic liquor and for each third bottle
25 thereafter sold or served from by the licensee with a foreign
26 object in it, the maximum penalty that may be imposed on the
27 licensee is the destruction of the bottle of alcoholic liquor
28 and a fine of up to $50.
29 (2) To adopt such rules and regulations consistent with
30 the provisions of this Act which shall be necessary to carry
31 on its functions and duties to the end that the health,
32 safety and welfare of the People of the State of Illinois
33 shall be protected and temperance in the consumption of
34 alcoholic liquors shall be fostered and promoted and to
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1 distribute copies of such rules and regulations to all
2 licensees affected thereby.
3 (3) To call upon other administrative departments of the
4 State, county and municipal governments, county and city
5 police departments and upon prosecuting officers for such
6 information and assistance as it deems necessary in the
7 performance of its duties.
8 (4) To recommend to local commissioners rules and
9 regulations, not inconsistent with the law, for the
10 distribution and sale of alcoholic liquors throughout the
11 State.
12 (5) To inspect, or cause to be inspected, any premises
13 in this State where alcoholic liquors are manufactured,
14 distributed, warehoused, or sold.
15 (5.1) Upon receipt of a complaint or upon having
16 knowledge that any person is engaged in business as a
17 manufacturer, importing distributor, distributor, or retailer
18 without a license or valid license, to notify the local
19 liquor authority, file a complaint with the State's
20 Attorney's Office of the county where the incident occurred,
21 or initiate an investigation with the appropriate law
22 enforcement officials.
23 (5.2) To issue a cease and desist notice to persons
24 shipping alcoholic liquor into this State from a point
25 outside of this State if the shipment is in violation of this
26 Act.
27 (6) To hear and determine appeals from orders of a local
28 commission in accordance with the provisions of this Act, as
29 hereinafter set forth. Hearings under this subsection shall
30 be held in Springfield or Chicago, at whichever location is
31 the more convenient for the majority of persons who are
32 parties to the hearing.
33 (7) The commission shall establish uniform systems of
34 accounts to be kept by all retail licensees having more than
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1 4 employees, and for this purpose the commission may classify
2 all retail licensees having more than 4 employees and
3 establish a uniform system of accounts for each class and
4 prescribe the manner in which such accounts shall be kept.
5 The commission may also prescribe the forms of accounts to be
6 kept by all retail licensees having more than 4 employees,
7 including but not limited to accounts of earnings and
8 expenses and any distribution, payment, or other distribution
9 of earnings or assets, and any other forms, records and
10 memoranda which in the judgment of the commission may be
11 necessary or appropriate to carry out any of the provisions
12 of this Act, including but not limited to such forms, records
13 and memoranda as will readily and accurately disclose at all
14 times the beneficial ownership of such retail licensed
15 business. The accounts, forms, records and memoranda shall
16 be available at all reasonable times for inspection by
17 authorized representatives of the State commission or by any
18 local liquor control commissioner or his or her authorized
19 representative. The commission, may, from time to time,
20 alter, amend or repeal, in whole or in part, any uniform
21 system of accounts, or the form and manner of keeping
22 accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to examine, or cause to be examined, under
25 oath, any licensee, and to examine or cause to be examined
26 the books and records of such licensee; to hear testimony and
27 take proof material for its information in the discharge of
28 its duties hereunder; to administer or cause to be
29 administered oaths; and for any such purpose to issue
30 subpoena or subpoenas to require the attendance of witnesses
31 and the production of books, which shall be effective in any
32 part of this State.
33 Any Circuit Court may by order duly entered, require the
34 attendance of witnesses and the production of relevant books
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1 subpoenaed by the State commission and the court may compel
2 obedience to its order by proceedings for contempt.
3 (9) To investigate the administration of laws in
4 relation to alcoholic liquors in this and other states and
5 any foreign countries, and to recommend from time to time to
6 the Governor and through him or her to the legislature of
7 this State, such amendments to this Act, if any, as it may
8 think desirable and as will serve to further the general
9 broad purposes contained in Section 1-2 hereof.
10 (10) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary for the
12 control, sale or disposition of alcoholic liquor damaged as a
13 result of an accident, wreck, flood, fire or other similar
14 occurrence.
15 (11) To develop industry educational programs related to
16 responsible serving and selling, particularly in the areas of
17 overserving consumers and illegal underage purchasing and
18 consumption of alcoholic beverages.
19 (12) To develop and maintain a repository of license and
20 regulatory information.
21 (13) On or before January 15, 1994, the Commission shall
22 issue a written report to the Governor and General Assembly
23 that is to be based on a comprehensive study of the impact on
24 and implications for the State of Illinois of Section 1926 of
25 the Federal ADAMHA Reorganization Act of 1992 (Public Law
26 102-321). This study shall address the extent to which
27 Illinois currently complies with the provisions of P.L.
28 102-321 and the rules promulgated pursuant thereto.
29 As part of its report, the Commission shall provide the
30 following essential information:
31 (i) the number of retail distributors of tobacco
32 products, by type and geographic area, in the State;
33 (ii) the number of reported citations and
34 successful convictions, categorized by type and location
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1 of retail distributor, for violation of the Sale of
2 Tobacco to Minors Act and the Smokeless Tobacco
3 Limitation Act;
4 (iii) the extent and nature of organized
5 educational and governmental activities that are intended
6 to promote, encourage or otherwise secure compliance with
7 any Illinois laws that prohibit the sale or distribution
8 of tobacco products to minors; and
9 (iv) the level of access and availability of
10 tobacco products to individuals under the age of 18.
11 To obtain the data necessary to comply with the
12 provisions of P.L. 102-321 and the requirements of this
13 report, the Commission shall conduct random, unannounced
14 inspections of a geographically and scientifically
15 representative sample of the State's retail tobacco
16 distributors.
17 The Commission shall consult with the Department of
18 Public Health, the Department of Human Services, the Illinois
19 State Police and any other executive branch agency, and
20 private organizations that may have information relevant to
21 this report.
22 The Commission may contract with the Food and Drug
23 Administration of the U.S. Department of Health and Human
24 Services to conduct unannounced investigations of Illinois
25 tobacco vendors to determine compliance with federal laws
26 relating to the illegal sale of cigarettes and smokeless
27 tobacco products to persons under the age of 18.
28 (14) To administer warning sign provisions pursuant to
29 Section 6-32.
30 (b) On or before April 30, 1999, the Commission shall
31 present a written report to the Governor and the General
32 Assembly that shall be based on a study of the impact of this
33 amendatory Act of 1998 on the business of soliciting,
34 selling, and shipping alcoholic liquor from outside of this
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1 State directly to residents of this State.
2 As part of its report, the Commission shall provide the
3 following information:
4 (i) the amount of State excise and sales tax
5 revenues generated as a result of this amendatory Act of
6 1998;
7 (ii) the amount of licensing fees received as a
8 result of this amendatory Act of 1998;
9 (iii) the number of reported violations, the number
10 of cease and desist notices issued by the Commission, the
11 number of notices of violations issued to the Department
12 of Revenue, and the number of notices and complaints of
13 violations to law enforcement officials.
14 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
15 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)
16 (235 ILCS 5/6-24a) (from Ch. 43, par. 139a)
17 Sec. 6-24a. Display of birth defects warning signs.
18 (a) The General Assembly finds that there is a need for
19 public information about the risk of birth defects
20 (specifically Fetal Alcohol Syndrome) when women consume
21 alcoholic liquor during pregnancy. The United States Surgeon
22 General has recommended abstinence from alcohol during
23 pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol
24 effects are preventable, the General Assembly finds that it
25 is in the public interest to provide warning about the risk
26 of alcohol-related birth defects at places where alcoholic
27 liquors are sold.
28 (b) Every holder of a retail license that, whether the
29 licensee sells or offers for sale alcoholic liquors for use
30 or consumption on or off the retail license premises, shall
31 cause a sign with the message "GOVERNMENT WARNING: ACCORDING
32 TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC
33 BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH
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1 DEFECTS" to be framed and hung in plain view. These signs
2 shall be no larger than 8 1/2 inches by 11 inches.
3 (c) In the event there is no warning sign posted on the
4 retailer's premises as required under this Section, it shall
5 be the responsibility of the Illinois Liquor Control
6 Commission to furnish the retailer with a warning sign. The
7 retailer shall have 30 days from receipt of the warning sign
8 to post it on the licensed premises. Thereafter, a retailer
9 who violates this Section is subject to a written warning for
10 the first violation. For a second or subsequent violation,
11 the retailer shall pay a fine of at least $20 but not more
12 than $100 for each such violation. For the third and
13 subsequent violations, each day the activity continues shall
14 be a separate violation.
15 (Source: P.A. 89-250, eff. 1-1-96.)"; and
16 on page 1, line 25, by replacing "Department" with
17 "Commission"; and
18 on page 1, line 28, by replacing "Department" with
19 "Commission"; and
20 on page 2, lines 5 and 6, by replacing "Department of Public
21 Health" with "Commission".