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92_HB5000enr HB5000 Enrolled LRB9215827LBpr 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Sections 3-12 and 6-11 as follows: 6 (235 ILCS 5/3-12) (from Ch. 43, par. 108) 7 Sec. 3-12. Powers and duties of State Commission. 8 (a) The State commission shall have the following 9 powers, functions and duties: 10 (1) To receive applications and to issue licenses 11 to manufacturers, foreign importers, importing 12 distributors, distributors, non-resident dealers, on 13 premise consumption retailers, off premise sale 14 retailers, special event retailer licensees, special use 15 permit licenses, auction liquor licenses, brew pubs, 16 caterer retailers, non-beverage users, railroads, 17 including owners and lessees of sleeping, dining and cafe 18 cars, airplanes, boats, brokers, and wine maker's 19 premises licensees in accordance with the provisions of 20 this Act, and to suspend or revoke such licenses upon the 21 State commission's determination, upon notice after 22 hearing, that a licensee has violated any provision of 23 this Act or any rule or regulation issued pursuant 24 thereto and in effect for 30 days prior to such 25 violation. 26 In lieu of suspending or revoking a license, the 27 commission may impose a fine, upon the State commission's 28 determination and notice after hearing, that a licensee 29 has violated any provision of this Act or any rule or 30 regulation issued pursuant thereto and in effect for 30 31 days prior to such violation. The fine imposed under HB5000 Enrolled -2- LRB9215827LBpr 1 this paragraph may not exceed $500 for each violation. 2 Each day that the activity, which gave rise to the 3 original fine, continues is a separate violation. The 4 maximum fine that may be levied against any licensee, for 5 the period of the license, shall not exceed $20,000. The 6 maximum penalty that may be imposed on a licensee for 7 selling a bottle of alcoholic liquor with a foreign 8 object in it or serving from a bottle of alcoholic liquor 9 with a foreign object in it shall be the destruction of 10 that bottle of alcoholic liquor for the first 10 bottles 11 so sold or served from by the licensee. For the eleventh 12 bottle of alcoholic liquor and for each third bottle 13 thereafter sold or served from by the licensee with a 14 foreign object in it, the maximum penalty that may be 15 imposed on the licensee is the destruction of the bottle 16 of alcoholic liquor and a fine of up to $50. 17 (2) To adopt such rules and regulations consistent 18 with the provisions of this Act which shall be necessary 19 to carry on its functions and duties to the end that the 20 health, safety and welfare of the People of the State of 21 Illinois shall be protected and temperance in the 22 consumption of alcoholic liquors shall be fostered and 23 promoted and to distribute copies of such rules and 24 regulations to all licensees affected thereby. 25 (3) To call upon other administrative departments 26 of the State, county and municipal governments, county 27 and city police departments and upon prosecuting officers 28 for such information and assistance as it deems necessary 29 in the performance of its duties. 30 (4) To recommend to local commissioners rules and 31 regulations, not inconsistent with the law, for the 32 distribution and sale of alcoholic liquors throughout the 33 State. 34 (5) To inspect, or cause to be inspected, any HB5000 Enrolled -3- LRB9215827LBpr 1 premises in this State where alcoholic liquors are 2 manufactured, distributed, warehoused, or sold. 3 (5.1) Upon receipt of a complaint or upon having 4 knowledge that any person is engaged in business as a 5 manufacturer, importing distributor, distributor, or 6 retailer without a license or valid license, to notify 7 the local liquor authority, file a complaint with the 8 State's Attorney's Office of the county where the 9 incident occurred, or initiate an investigation with the 10 appropriate law enforcement officials. 11 (5.2) To issue a cease and desist notice to persons 12 shipping alcoholic liquor into this State from a point 13 outside of this State if the shipment is in violation of 14 this Act. 15 (5.3) To receive complaints from licensees, local 16 officials, law enforcement agencies, organizations, and 17 persons stating that any licensee has been or is 18 violating any provision of this Act or the rules and 19 regulations issued pursuant to this Act. Such complaints 20 shall be in writing, signed and sworn to by the person 21 making the complaint, and shall state with specificity 22 the facts in relation to the alleged violation. If the 23 Commission has reasonable grounds to believe that the 24 complaint substantially alleges a violation of this Act 25 or rules and regulations adopted pursuant to this Act, it 26 shall conduct an investigation. If, after conducting an 27 investigation, the Commission is satisfied that the 28 alleged violation did occur, it shall proceed with 29 disciplinary action against the licensee as provided in 30 this Act. 31 (6) To hear and determine appeals from orders of a 32 local commission in accordance with the provisions of 33 this Act, as hereinafter set forth. Hearings under this 34 subsection shall be held in Springfield or Chicago, at HB5000 Enrolled -4- LRB9215827LBpr 1 whichever location is the more convenient for the 2 majority of persons who are parties to the hearing. 3 (7) The commission shall establish uniform systems 4 of accounts to be kept by all retail licensees having 5 more than 4 employees, and for this purpose the 6 commission may classify all retail licensees having more 7 than 4 employees and establish a uniform system of 8 accounts for each class and prescribe the manner in which 9 such accounts shall be kept. The commission may also 10 prescribe the forms of accounts to be kept by all retail 11 licensees having more than 4 employees, including but not 12 limited to accounts of earnings and expenses and any 13 distribution, payment, or other distribution of earnings 14 or assets, and any other forms, records and memoranda 15 which in the judgment of the commission may be necessary 16 or appropriate to carry out any of the provisions of this 17 Act, including but not limited to such forms, records and 18 memoranda as will readily and accurately disclose at all 19 times the beneficial ownership of such retail licensed 20 business. The accounts, forms, records and memoranda 21 shall be available at all reasonable times for inspection 22 by authorized representatives of the State commission or 23 by any local liquor control commissioner or his or her 24 authorized representative. The commission, may, from time 25 to time, alter, amend or repeal, in whole or in part, any 26 uniform system of accounts, or the form and manner of 27 keeping accounts. 28 (8) In the conduct of any hearing authorized to be 29 held by the commission, to appoint, at the commission's 30 discretion, hearing officers to conduct hearings 31 involving complex issues or issues that will require a 32 protracted period of time to resolve, to examine, or 33 cause to be examined, under oath, any licensee, and to 34 examine or cause to be examined the books and records of HB5000 Enrolled -5- LRB9215827LBpr 1 such licensee; to hear testimony and take proof material 2 for its information in the discharge of its duties 3 hereunder; to administer or cause to be administered 4 oaths;andfor any such purpose to issue subpoena or 5 subpoenas to require the attendance of witnesses and the 6 production of books, which shall be effective in any part 7 of this State, and to adopt rules to implement its powers 8 under this paragraph (8). 9 Any Circuit Court may by order duly entered, require 10 the attendance of witnesses and the production of 11 relevant books subpoenaed by the State commission and the 12 court may compel obedience to its order by proceedings 13 for contempt. 14 (9) To investigate the administration of laws in 15 relation to alcoholic liquors in this and other states 16 and any foreign countries, and to recommend from time to 17 time to the Governor and through him or her to the 18 legislature of this State, such amendments to this Act, 19 if any, as it may think desirable and as will serve to 20 further the general broad purposes contained in Section 21 1-2 hereof. 22 (10) To adopt such rules and regulations consistent 23 with the provisions of this Act which shall be necessary 24 for the control, sale or disposition of alcoholic liquor 25 damaged as a result of an accident, wreck, flood, fire or 26 other similar occurrence. 27 (11) To develop industry educational programs 28 related to responsible serving and selling, particularly 29 in the areas of overserving consumers and illegal 30 underage purchasing and consumption of alcoholic 31 beverages. 32 (11.1) To license persons providing education and 33 training to alcohol beverage sellers and servers under 34 the Beverage Alcohol Sellers and Servers Education and HB5000 Enrolled -6- LRB9215827LBpr 1 Training (BASSET) programs and to develop and administer 2 a public awareness program in Illinois to reduce or 3 eliminate the illegal purchase and consumption of 4 alcoholic beverage products by persons under the age of 5 21. Application for a license shall be made on forms 6 provided by the State Commission. 7 (12) To develop and maintain a repository of 8 license and regulatory information. 9 (13) On or before January 15, 1994, the Commission 10 shall issue a written report to the Governor and General 11 Assembly that is to be based on a comprehensive study of 12 the impact on and implications for the State of Illinois 13 of Section 1926 of the Federal ADAMHA Reorganization Act 14 of 1992 (Public Law 102-321). This study shall address 15 the extent to which Illinois currently complies with the 16 provisions of P.L. 102-321 and the rules promulgated 17 pursuant thereto. 18 As part of its report, the Commission shall provide 19 the following essential information: 20 (i) the number of retail distributors of 21 tobacco products, by type and geographic area, in 22 the State; 23 (ii) the number of reported citations and 24 successful convictions, categorized by type and 25 location of retail distributor, for violation of the 26 Sale of Tobacco to Minors Act and the Smokeless 27 Tobacco Limitation Act; 28 (iii) the extent and nature of organized 29 educational and governmental activities that are 30 intended to promote, encourage or otherwise secure 31 compliance with any Illinois laws that prohibit the 32 sale or distribution of tobacco products to minors; 33 and 34 (iv) the level of access and availability of HB5000 Enrolled -7- LRB9215827LBpr 1 tobacco products to individuals under the age of 18. 2 To obtain the data necessary to comply with the 3 provisions of P.L. 102-321 and the requirements of this 4 report, the Commission shall conduct random, unannounced 5 inspections of a geographically and scientifically 6 representative sample of the State's retail tobacco 7 distributors. 8 The Commission shall consult with the Department of 9 Public Health, the Department of Human Services, the Illinois 10 State Police and any other executive branch agency, and 11 private organizations that may have information relevant to 12 this report. 13 The Commission may contract with the Food and Drug 14 Administration of the U.S. Department of Health and Human 15 Services to conduct unannounced investigations of Illinois 16 tobacco vendors to determine compliance with federal laws 17 relating to the illegal sale of cigarettes and smokeless 18 tobacco products to persons under the age of 18. 19 (b) On or before April 30, 1999, the Commission shall 20 present a written report to the Governor and the General 21 Assembly that shall be based on a study of the impact of this 22 amendatory Act of 1998 on the business of soliciting, 23 selling, and shipping alcoholic liquor from outside of this 24 State directly to residents of this State. 25 As part of its report, the Commission shall provide the 26 following information: 27 (i) the amount of State excise and sales tax 28 revenues generated as a result of this amendatory Act of 29 1998; 30 (ii) the amount of licensing fees received as a 31 result of this amendatory Act of 1998; 32 (iii) the number of reported violations, the number 33 of cease and desist notices issued by the Commission, the 34 number of notices of violations issued to the Department HB5000 Enrolled -8- LRB9215827LBpr 1 of Revenue, and the number of notices and complaints of 2 violations to law enforcement officials. 3 (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; 4 92-378, eff. 8-16-01.) 5 (235 ILCS 5/6-11) (from Ch. 43, par. 127) 6 Sec. 6-11. No license shall be issued for the sale at 7 retail of any alcoholic liquor within 100 feet of any church, 8 school other than an institution of higher learning, 9 hospital, home for aged or indigent persons or for veterans, 10 their spouses or children or any military or naval station, 11 provided, that this prohibition shall not apply to hotels 12 offering restaurant service, regularly organized clubs, or to 13 restaurants, food shops or other places where sale of 14 alcoholic liquors is not the principal business carried on if 15 the place of business so exempted is not located in a 16 municipality of more than 500,000 persons, unless required by 17 local ordinance; nor to the renewal of a license for the sale 18 at retail of alcoholic liquor on premises within 100 feet of 19 any church or school where the church or school has been 20 established within such 100 feet since the issuance of the 21 original license. In the case of a church, the distance of 22 100 feet shall be measured to the nearest part of any 23 building used for worship services or educational programs 24 and not to property boundaries. 25 Nothing in this Section shall prohibit the issuance of a 26 retail license authorizing the sale of alcoholic liquor to a 27 restaurant, the primary business of which is the sale of 28 goods baked on the premises if (i) the restaurant is newly 29 constructed and located on a lot of not less than 10,000 30 square feet, (ii) the restaurant costs at least $1,000,000 to 31 construct, (iii) the licensee is the titleholder to the 32 premises and resides on the premises, and (iv) the 33 construction of the restaurant is completed within 18 months HB5000 Enrolled -9- LRB9215827LBpr 1 of the effective date of this amendatory Act of 1998. 2 Nothing in this Section shall prohibit the issuance of a 3 retail license authorizing the sale of alcoholic liquor 4 incidental to a restaurant if (1) the primary business of the 5 restaurant consists of the sale of food where the sale of 6 liquor is incidental to the sale of food and the applicant is 7 a completely new owner of the restaurant, (2) the immediately 8 prior owner or operator of the premises where the restaurant 9 is located operated the premises as a restaurant and held a 10 valid retail license authorizing the sale of alcoholic liquor 11 at the restaurant for at least part of the 24 months before 12 the change of ownership, and (3) the restaurant is located 75 13 or more feet from a school. 14 In the interest of further developing Illinois' economy 15 in the area of commerce, tourism, convention, and banquet 16 business, nothing in this Section shall prohibit issuance of 17 a retail license authorizing the sale of alcoholic beverages 18 to a restaurant, banquet facility, grocery store, or hotel 19 having not fewer than 150 guest room accommodations located 20 in a municipality of more than 500,000 persons, 21 notwithstanding the proximity of such hotel, restaurant, 22 banquet facility, or grocery store to any church or school, 23 if the licensed premises described on the license are located 24 within an enclosed mall or building of a height of at least 6 25 stories, or 60 feet in the case of a building that has been 26 registered as a national landmark, or in a grocery store 27 having a minimum of 56,010 square feet of floor space in a 28 single story building in an open mall of at least 3.96 acres 29 that is adjacent to a public school that opened as a boys 30 technical high school in 1934, and in each of these cases if 31 the sale of alcoholic liquors is not the principal business 32 carried on by the licensee. 33 For purposes of this Section, a "banquet facility" is any 34 part of a building that caters to private parties and where HB5000 Enrolled -10- LRB9215827LBpr 1 the sale of alcoholic liquors is not the principal business. 2 Nothing in this Section shall prohibit the issuance of a 3 license to a church or private school to sell at retail 4 alcoholic liquor if any such sales are limited to periods 5 when groups are assembled on the premises solely for the 6 promotion of some common object other than the sale or 7 consumption of alcoholic liquors. 8 Nothing in this Section shall prohibit a church or church 9 affiliated school located in a home rule municipality or in a 10 municipality with 75,000 or more inhabitants from locating 11 within 100 feet of a property for which there is a 12 preexisting license to sell alcoholic liquor at retail. In 13 these instances, the local zoning authority may, by ordinance 14 adopted simultaneously with the granting of an initial 15 special use zoning permit for the church or church affiliated 16 school, provide that the 100-foot restriction in this Section 17 shall not apply to that church or church affiliated school 18 and future retail liquor licenses. 19 (Source: P.A. 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; 20 91-357, eff. 7-29-99; 91-623, eff. 1-1-00.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.