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Public Act 098-0021 | ||||
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-2 and by adding Sections 6-1.5 and 6-4.5 as | ||||
follows: | ||||
(235 ILCS 5/6-1.5 new) | ||||
Sec. 6-1.5. Three-tier regulatory system; public policy | ||||
and rule of statutory construction. The General Assembly hereby | ||||
restates that it is the policy of this State that the primary | ||||
purpose of this Act is to protect the health, safety, and | ||||
welfare of this State through the sound and careful control and | ||||
regulation of the manufacture, distribution, and sale of | ||||
alcoholic liquor through a 3-tier regulatory system. To ensure | ||||
and maintain a 3-tier regulatory system, the General Assembly | ||||
finds that it is the obligation and duty of the State | ||||
Commission to construe the provisions of this Act in a manner | ||||
that conforms to State policy and this Act's primary purpose as | ||||
articulated in this Section and to exercise its statutory | ||||
authority in a manner consistent with that purpose whether or | ||||
not the provisions of this Act are unambiguous or capable of | ||||
one or more reasonable constructions.
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(235 ILCS 5/6-2) (from Ch. 43, par. 120)
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Sec. 6-2. Issuance of licenses to certain persons | ||
prohibited.
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(a) Except as otherwise provided in subsection (b) of this | ||
Section and in paragraph (1) of subsection (a) of Section 3-12, | ||
no license
of any kind issued by the State Commission or any | ||
local
commission shall be issued to:
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(1) A person who is not a resident of any city, village | ||
or county in
which the premises covered by the license are | ||
located; except in case of
railroad or boat licenses.
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(2) A person who is not of good character and | ||
reputation in the
community in which he resides.
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(3) A person who is not a citizen of the United States.
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(4) A person who has been convicted of a felony under | ||
any Federal or
State law, unless the Commission determines | ||
that such
person has been sufficiently rehabilitated to | ||
warrant the public trust
after considering matters set | ||
forth in such person's application and the
Commission's | ||
investigation. The burden of proof of sufficient
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rehabilitation shall be on the applicant.
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(5) A person who has been convicted of keeping a place | ||
of prostitution or keeping a place of juvenile | ||
prostitution, promoting prostitution that involves keeping | ||
a place of prostitution, or promoting juvenile | ||
prostitution that involves keeping a place of juvenile | ||
prostitution.
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(6) A person who has been convicted of pandering or | ||
other crime or
misdemeanor opposed to decency and morality.
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(7) A person whose license issued under this Act has | ||
been revoked for
cause.
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(8) A person who at the time of application for renewal | ||
of any license
issued hereunder would not be eligible for | ||
such license upon a first
application.
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(9) A copartnership, if any general partnership | ||
thereof, or any
limited partnership thereof, owning more | ||
than 5% of the aggregate limited
partner interest in such | ||
copartnership would not be eligible to receive a
license | ||
hereunder for any reason other than residence within the | ||
political
subdivision, unless residency is required by | ||
local ordinance.
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(10) A corporation or limited liability company, if any | ||
member, officer, manager or director thereof, or
any | ||
stockholder or stockholders owning in the aggregate more | ||
than 5% of the
stock of such corporation, would not be | ||
eligible to receive a license
hereunder for any reason | ||
other than citizenship and residence within the
political | ||
subdivision.
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(10a) A corporation or limited liability company | ||
unless it is incorporated or organized in Illinois, or | ||
unless it
is a foreign corporation or foreign limited | ||
liability company which is qualified under the Business
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Corporation Act of 1983 or the Limited Liability Company |
Act to transact business in Illinois. The Commission shall | ||
permit and accept from an applicant for a license under | ||
this Act proof prepared from the Secretary of State's | ||
website that the corporation or limited liability company | ||
is in good standing and is qualified under the Business
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Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois.
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(11) A person whose place of business is conducted by a | ||
manager or agent
unless the manager or agent possesses the | ||
same qualifications required by
the licensee.
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(12) A person who has been convicted of a violation of | ||
any Federal or
State law concerning the manufacture, | ||
possession or sale of alcoholic
liquor, subsequent to the | ||
passage of this Act or has forfeited his bond to
appear in | ||
court to answer charges for any such violation.
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(13) A person who does not beneficially own the | ||
premises for which a
license is sought, or does not have a | ||
lease thereon for the full period for
which the license is | ||
to be issued.
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(14) Any law enforcing public official, including | ||
members
of local liquor control commissions,
any mayor, | ||
alderman, or member of the
city council or commission, any | ||
president of the village board of trustees,
any member of a | ||
village board of trustees, or any president or member of a
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county board; and no such official shall have a direct | ||
interest in the
manufacture, sale, or distribution of |
alcoholic liquor, except that a
license
may be granted to | ||
such official in relation to premises that are
not
located | ||
within the territory subject to the jurisdiction of that | ||
official
if the issuance of such license is approved by the | ||
State Liquor Control
Commission
and except that a license | ||
may be granted, in a city or village with a
population of | ||
50,000 or less, to any alderman, member of a city council, | ||
or
member of a village board of trustees in relation to | ||
premises that are located
within the territory
subject to | ||
the jurisdiction of that official if (i) the sale of | ||
alcoholic
liquor pursuant to the license is incidental to | ||
the selling of food, (ii) the
issuance of the license is | ||
approved by the State Commission, (iii) the
issuance of the | ||
license is in accordance with all applicable local | ||
ordinances
in effect where the premises are located, and | ||
(iv) the official granted a
license does not vote on | ||
alcoholic liquor issues pending before the board or
council | ||
to which the license holder is elected. Notwithstanding any | ||
provision of this paragraph (14) to the contrary, an | ||
alderman or member of a city council or commission, a | ||
member of a village board of trustees other than the | ||
president of the village board of trustees, or a member of | ||
a county board other than the president of a county board | ||
may have a direct interest in the manufacture, sale, or | ||
distribution of alcoholic liquor as long as he or she is | ||
not a law enforcing public official, a mayor, a village |
board president, or president of a county board. To prevent | ||
any conflict of interest, the elected official with the | ||
direct interest in the manufacture, sale, or distribution | ||
of alcoholic liquor shall not participate in any meetings, | ||
hearings, or decisions on matters impacting the | ||
manufacture, sale, or distribution of alcoholic liquor. | ||
Furthermore, the mayor of a city with a population of | ||
50,000 or less or the president of a village with a | ||
population of 50,000 or less may have an interest in the | ||
manufacture, sale, or distribution of alcoholic liquor as | ||
long as the council or board over which he or she presides | ||
has made a local liquor control commissioner appointment | ||
that complies with the requirements of Section 4-2 of this | ||
Act.
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(15) A person who is not a beneficial owner of the | ||
business to be
operated by the licensee.
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(16) A person who has been convicted of a gambling | ||
offense as
proscribed by any of subsections (a) (3) through | ||
(a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||
28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||
Criminal Code of 2012, or as proscribed by a
statute
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replaced by any of the aforesaid statutory provisions.
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(17) A person or entity to whom a federal wagering | ||
stamp has been
issued by the
federal government, unless the | ||
person or entity is eligible to be issued a
license under | ||
the Raffles Act or the Illinois Pull Tabs and Jar Games |
Act.
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(18) A person who intends to sell alcoholic liquors for | ||
use or
consumption on his or her licensed retail premises | ||
who does not have liquor
liability insurance coverage for | ||
that premises in an amount that is at least
equal to the | ||
maximum liability amounts set out in subsection (a) of | ||
Section
6-21.
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(19) A person who is licensed by any licensing | ||
authority as a manufacturer of beer, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer, | ||
having any legal, equitable, or beneficial interest, | ||
directly or indirectly, in a person licensed in this State | ||
as a distributor or importing distributor. For purposes of | ||
this paragraph (19), a person who is licensed by any | ||
licensing authority as a "manufacturer of beer" shall also | ||
mean a brewer and a non-resident dealer who is also a | ||
manufacturer of beer, including a partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer. | ||
(20) A person who is licensed in this State as a | ||
distributor or importing distributor, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form |
of business enterprise licensed in this State as a | ||
distributor or importing distributor having any legal, | ||
equitable, or beneficial interest, directly or indirectly, | ||
in a person licensed as a manufacturer of beer by any | ||
licensing authority, or any partnership, corporation, | ||
limited liability company, or trust or any subsidiary, | ||
affiliate, or agent thereof, or any other form of business | ||
enterprise, except for a person who owns, on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly, no more than 5% of the outstanding shares of a | ||
manufacturer of beer whose shares are publicly traded on an | ||
exchange within the meaning of the Securities Exchange Act | ||
of 1934. For the purposes of this paragraph (20), a person | ||
who is licensed by any licensing authority as a | ||
"manufacturer of beer" shall also mean a brewer and a | ||
non-resident dealer who is also a manufacturer of beer, | ||
including a partnership, corporation, limited liability | ||
company, or trust or any subsidiary, affiliate, or agent | ||
thereof, or any other form of business enterprise licensed | ||
as a manufacturer of beer. | ||
(b) A criminal conviction of a corporation is not grounds | ||
for the
denial, suspension, or revocation of a license applied | ||
for or held by the
corporation if the criminal conviction was | ||
not the result of a violation of any
federal or State law | ||
concerning the manufacture, possession or sale of
alcoholic | ||
liquor, the offense that led to the conviction did not result |
in any
financial gain to the corporation and the corporation | ||
has terminated its
relationship with each director, officer, | ||
employee, or controlling shareholder
whose actions directly | ||
contributed to the conviction of the corporation. The
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Commission shall determine if all provisions of this subsection | ||
(b) have been
met before any action on the corporation's | ||
license is initiated.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1059, eff. 8-24-12; | ||
97-1150, eff. 1-25-13.)
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(235 ILCS 5/6-4.5 new) | ||
Sec. 6-4.5. Prohibited ownership interests in a | ||
distributor, importing distributor, manufacturer of beer, or | ||
non-resident dealer. | ||
(a) The General Assembly finds, consistent with Section | ||
6-1.5, that the 3-tier regulatory system is designed to prevent | ||
a manufacturer of beer as described in paragraph (19) of | ||
subsection (a) of Section 6-2 from exercising vertical | ||
integration between a manufacturer of beer and a distributor or | ||
importing distributor through any ownership interest, or | ||
through control of the distributor or importing distributor. | ||
The General Assembly further finds, consistent with Section | ||
6-1.5, that the 3-tier regulatory system is designed to prevent | ||
a distributor or importing distributor as described in | ||
paragraph (20) of subsection (a) of Section 6-2 from having any | ||
ownership interest in a manufacturer of beer as described in |
paragraph (20) of subsection (a) of Section 6-2 except for the | ||
ownership of no more than 5% of the outstanding shares of a | ||
manufacturer of beer whose shares are publicly traded on an | ||
exchange within the meaning of the Securities Exchange Act of | ||
1934. The General Assembly further finds that it is necessary | ||
to have the State Commission undertake an expedited | ||
investigation, in accordance with procedural due process, to | ||
determine whether any existing manufacturer of beer described | ||
in paragraph (19) of subsection (a) of Section 6-2 or any | ||
existing distributor or importing distributor described in | ||
paragraph (20) of subsection (a) of Section 6-2 owns a | ||
prohibited ownership interest, and an orderly process by which | ||
an existing manufacturer of beer, distributor, or importing | ||
distributor may divest itself of or sever the prohibited | ||
ownership interest by no later than January 1, 2015. | ||
(b) Notwithstanding any provision of this Act to the | ||
contrary, no person licensed as a manufacturer of beer as | ||
described in paragraph (19) of subsection (a) of Section 6-2 | ||
shall have any prohibited ownership interest, directly or | ||
indirectly, in a person licensed as a distributor or importing | ||
distributor. Any person who holds a prohibited ownership | ||
interest in a person licensed as a distributor or importing | ||
distributor prior to this amendatory Act of the 98th General | ||
Assembly shall, in accordance with paragraph (19) of subsection | ||
(a) of Section 6-2, be ineligible to receive or hold any | ||
license issued by the State Commission, unless that person |
complies with the provisions of this Section. | ||
(c) Notwithstanding any provision of this Act to the | ||
contrary, no person licensed in this State as a distributor or | ||
importing distributor as described in paragraph (20) of | ||
subsection (a) of Section 6-2 shall have any prohibited | ||
ownership interest, directly or indirectly, in a person | ||
licensed as a manufacturer of beer as described in paragraph | ||
(20) of subsection (a) of Section 6-2. Any person who holds an | ||
interest in a person licensed as a distributor or importing | ||
distributor in this State prior to this amendatory Act of the | ||
98th General Assembly shall, in accordance with paragraph (20) | ||
of subsection (a) of Section 6-2, be ineligible to receive or | ||
hold a license by the State Commission, unless the person | ||
complies with the provisions of this Section. This subsection | ||
(c) shall not apply to a person who owns, on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly, no more than 5% of the outstanding shares of a | ||
manufacturer of beer whose shares are publicly traded on an | ||
exchange within the meaning of the Securities Exchange Act of | ||
1934. | ||
(d) Within 30 days after the effective date of this | ||
amendatory Act of the 98th General Assembly, the State | ||
Commission shall notify in writing all persons licensed by the | ||
State Commission as a manufacturer of beer, as described in | ||
paragraph (19) of subsection (a) of Section 6-2 of the | ||
prohibited ownership interest provision set forth in |
subsection (b) of this Section and paragraph (19) of subsection | ||
(a) of Section 6-2. Also within 30 days after the effective | ||
date of this amendatory Act of the 98th General Assembly, the | ||
State Commission shall notify in writing all persons licensed | ||
by the State Commission as a distributor or importing | ||
distributor of the prohibited ownership interest provision set | ||
forth in subsection (c) of this Section and paragraph (20) of | ||
subsection (a) of Section 6-2. The notice provided by the State | ||
Commission shall also state for a manufacturer of beer, as | ||
described in paragraph (19) of subsection (a) of Section 6-2, | ||
that it is required to disclose in writing any ownership | ||
interest it directly or indirectly possesses in a distributor | ||
or importing distributor, as described in paragraph (20) of | ||
subsection (a) of Section 6-2, the type and amount of ownership | ||
interest possessed by it, the length of time the manufacturer | ||
of beer has held the ownership interest in the distributor or | ||
importing distributor, and any other information specified by | ||
the State Commission in its written notice. The notice provided | ||
by the State Commission shall also state for a distributor or | ||
importing distributor, as described in paragraph (20) of | ||
subsection (a) of Section 6-2, that it is required to disclose | ||
in writing any ownership interest it directly or indirectly | ||
possesses in a manufacturer of beer, as described in paragraph | ||
(19) of subsection (a) of Section 6-2, the type and amount of | ||
ownership interest possessed by it, the length of time the | ||
manufacturer of beer has held the ownership interest in the |
distributor or importing distributor, and any other | ||
information specified by the State Commission in its written | ||
notice. | ||
(e) Within 60 days after the effective date of this | ||
amendatory Act of the 98th General Assembly, each manufacturer | ||
of beer, distributor, or importing distributor subject to | ||
notification under subsection (d) of this Section shall | ||
disclose in writing and under oath the relevant ownership | ||
interest and other required information specified in the | ||
notification provided by the State Commission pursuant to that | ||
subsection. The written disclosure shall, as a mandatory | ||
obligation, be tendered to the State Commission by either | ||
personal service or via certified or registered mail at the | ||
State Commission's Springfield or Chicago office on or before | ||
the 60th day during regular business hours. Failure to tender | ||
the required written disclosure shall result in the immediate | ||
entry of an order by the State Commission suspending the | ||
licensee's license within 5 days after the 60th day, and the | ||
initiation of proceedings by the State Commission to enter an | ||
order to permanently revoke the licensee's license no later | ||
than 45 days after providing the licensee with notice and an | ||
opportunity for a hearing. Whenever the State Commission has | ||
reason to believe that a person has failed to comply with the | ||
Commission notice under this Section, it shall notify the | ||
Department of Revenue and the Attorney General, and shall file | ||
a complaint with the State's Attorney of the county where the |
alcoholic liquor was delivered or with appropriate law | ||
enforcement officials. Failure to make the written disclosure | ||
required under this subsection shall constitute a business | ||
offense for which the person shall be fined not more than | ||
$5,000 for a first offense, not more than $10,000 for a second | ||
offense, and not more than $15,000 for a third or subsequent | ||
offense. | ||
(f) Within 180 days after the effective date of this | ||
amendatory Act of the 98th General Assembly, the State | ||
Commission shall review each of the disclosures tendered to the | ||
State Commission by licensees pursuant to subsection (e) and | ||
enter an order determining whether or not each licensee is in | ||
compliance with subsection (b) or (c) of this Section, | ||
whichever is applicable, after providing each licensee with | ||
notice and an opportunity for a hearing. As part of making its | ||
determination, the State Commission shall also consider any | ||
information otherwise admissible under Section 10-40 of the | ||
Illinois Administrative Procedure Act. | ||
(g) If the State Commission determines, based on a | ||
preponderance of record evidence, that a manufacturer of beer, | ||
distributor, or importing distributor has no prohibited | ||
ownership interest in a licensee in violation of subsection (b) | ||
or (c) of this Section, then the State Commission shall enter | ||
an order finding that the manufacturer of beer, distributor, or | ||
importing distributor is in compliance with this Section, | ||
record the matter as closed, and serve a copy of the order of |
compliance on the licensee and each person with an ownership | ||
interest in the licensee. | ||
If the State Commission determines, based on a | ||
preponderance of record evidence, that a manufacturer of beer, | ||
as described in paragraph (19) of subsection (a) of Section | ||
6-2, has a prohibited ownership interest as set forth in | ||
subsection (b) of this Section, then the State Commission shall | ||
enter an order finding that the manufacturer of beer is not in | ||
compliance with this Section and that the manufacturer of beer | ||
shall divest itself of that interest on or before January 1, | ||
2015, subject to the State Commission's approval of the | ||
successive owner pursuant to the State Commission's authority | ||
provided in this Act. In addition, the State Commission shall | ||
find that the relevant distributor or importing distributor is | ||
not in compliance with this Section and that the distributor or | ||
importing distributor is required to sever the prohibited | ||
ownership interest possessed by the relevant manufacturer of | ||
beer on or before January 1, 2015, subject to the State | ||
Commission's approval of the successive owner pursuant to the | ||
State Commission's authority provided in this Act. | ||
If the State Commission determines, based on a | ||
preponderance of record evidence, that a distributor or | ||
importing distributor, as described in paragraph (20) of | ||
subsection (a) of Section 6-2, has a prohibited ownership | ||
interest as set forth in subsection (c) of this Section, then | ||
the State Commission shall enter an order finding that the |
relevant distributor or importing distributor is not in | ||
compliance with this Section and that the relevant distributor | ||
or importing distributor shall divest itself of that interest | ||
on or before January 1, 2015, subject to the State Commission's | ||
approval of the successive owner pursuant to the State | ||
Commission's authority provided in this Act. In addition, the | ||
State Commission shall find that the manufacturer of beer is | ||
not in compliance with this Section and that the manufacturer | ||
of beer shall sever the prohibited ownership interest possessed | ||
by the distributor or importing distributor on or before | ||
January 1, 2015, subject to the State Commission's approval of | ||
the successive owner pursuant to the State Commission's | ||
authority provided in this Act. | ||
The State Commission's order shall further find that the | ||
continued ownership of the prohibited ownership interest | ||
beyond January 1, 2015 by the manufacturer of beer, | ||
distributor, or importing distributor is against the public | ||
interest and a violation of this Section and Section 6-1.5 of | ||
the Act. | ||
The State Commission's order shall further find for a | ||
manufacturer of beer, as described in paragraph (19) of | ||
subsection (a) of Section 6-2, found in non-compliance with | ||
subsection (b) of this Section that its license is revoked on | ||
January 16, 2015 as to the transport, transfer, or sale of any | ||
alcoholic liquor to the relevant distributor or importing | ||
distributor that the manufacturer of beer has a prohibited |
ownership interest in if that interest is not properly divested | ||
on January 1, 2015, subject to the State Commission's approval | ||
of the successive owner pursuant to the State Commission's | ||
authority provided in this Act. In addition, the State | ||
Commission shall find that the license of a distributor or | ||
importing distributor that is subject to the prohibited | ||
ownership interest of the manufacturer of beer is revoked on | ||
January 16, 2015 as to the transport, transfer, or sale of | ||
alcoholic liquor from the relevant manufacturer of beer to any | ||
retailer if that ownership interest is not properly severed on | ||
January 1, 2015, subject to the State Commission's approval of | ||
the successive owner pursuant to the State Commission's | ||
authority provided in this Act. | ||
The State Commission's order shall further find for a | ||
distributor or importing distributor, as described in | ||
paragraph (20) of subsection (a) of Section 6-2, found in | ||
non-compliance with subsection (c) of this Section, that its | ||
license is revoked on January 16, 2015 as to the transport, | ||
transfer, or sale of any alcoholic liquor from the relevant | ||
manufacturer of beer to any retailer if that prohibited | ||
ownership interest in the manufacturer of beer is not properly | ||
divested on January 1, 2015, subject to the State Commission's | ||
approval of the successive owner pursuant to the State | ||
Commission's authority provided in this Act. In addition, the | ||
State Commission shall find that the license of the | ||
manufacturer of beer that is subject to the prohibited |
ownership interest of a distributor or importing distributor is | ||
revoked on January 16, 2015 as to the transport, transfer, or | ||
sale of alcoholic liquor to the distributor or importing | ||
distributor if that ownership interest is not properly severed | ||
on January 1, 2015, subject to the State Commission's approval | ||
of the successive owner pursuant to the State Commission's | ||
authority provided in this Act. | ||
The State Commission shall serve a copy of the order of | ||
non-compliance on the licensee and each person with an | ||
ownership interest in the licensee. | ||
(h) If a person with a prohibited ownership interest in a | ||
licensee under subsection (b) or (c) of this Section succeeds | ||
in divesting itself of or severing that interest and obtains | ||
the State Commission's approval of the successive owner | ||
pursuant to its authority provided in this Act on or before | ||
January 1, 2015, then the State Commission shall enter an order | ||
finding that the licensee is in compliance, record the matter | ||
as closed, and serve a copy of the order of compliance on the | ||
licensee and each person with an ownership interest in the | ||
licensee. | ||
If a person with a prohibited ownership interest in | ||
violation of subsection (b) or (c) of this Section fails to | ||
divest itself of or sever that interest and obtain the State | ||
Commission's approval of the successive owner pursuant to the | ||
State Commission's authority provided in this Act on or before | ||
January 1, 2015, then the State Commission shall, after notice |
and an opportunity for a hearing, revoke each licensee's | ||
license as specified in subsection (g) of this Section on | ||
January 16, 2015. The State Commission, when entering the | ||
order, shall give notice to the person by certified mail to | ||
cease and desist all shipments of alcoholic liquor into or | ||
within this State and to withdraw from this State within 5 | ||
working days after receipt of the notice all shipments of | ||
alcoholic liquor in transit. Whenever the State Commission has | ||
reason to believe that a person has failed to comply with the | ||
State Commission's notice under this Section, it shall notify | ||
the Department of Revenue and the Attorney General, and shall | ||
file a complaint with the State's Attorney of the county where | ||
the alcoholic liquor was delivered, or with appropriate law | ||
enforcement officials. Failure to comply with the notice issued | ||
by the State Commission under this Section is against the | ||
public interest and constitutes a business offense for which | ||
the person shall be fined not more than $5,000 for a first | ||
offense, not more than $10,000 for a second offense, and not | ||
more than $15,000 for a third or subsequent offense. Each | ||
shipment or transfer of alcoholic liquor in violation of the | ||
cease and desist notice shall constitute a separate offense. | ||
(i) The power and authority granted to the State Commission | ||
under this Section is in addition to any existing power or | ||
authority the State Commission has under this Act and its | ||
exercise shall be accorded precedence on the State Commission's | ||
meeting agenda so as to fully accommodate the schedule for any |
proceeding under the provisions of this Section. Nothing in | ||
this Act shall be construed as limiting or otherwise impairing | ||
the ability of the State Commission to conduct future | ||
investigations and proceedings sua sponte or pursuant to a | ||
complaint to ensure compliance with this Section or paragraph | ||
(19) or (20) of subsection (a) of Section 6-2 of this Act. Any | ||
future investigations and proceedings shall be conducted by the | ||
State Commission on an expedited basis and pursuant to an | ||
initiating order entered by the State Commission. The State | ||
Commission shall enter its initiating order within 30 days | ||
after the receipt of a complaint. The initiating order shall | ||
set forth a schedule by which the required notices, | ||
disclosures, determinations, or orders specified in | ||
subsections (d), (e), (f), (g), and (h) shall be made or | ||
entered, and the period of time by which a licensee shall | ||
divest itself of or sever a prohibited ownership interest, | ||
which shall be no later than 540 days after the entry of the | ||
initiating order. | ||
(j) Any association or non-profit corporation representing | ||
beer distributors in this State shall have standing to | ||
intervene and otherwise participate as a party in any | ||
proceeding undertaken by the State Commission under this | ||
Section to review and determine compliance or non-compliance | ||
with this Section. | ||
(k) For purposes of this Section, the term "ownership | ||
interest" means a legal, equitable, or beneficial interest |
recognized under Illinois law. The term "prohibited ownership | ||
interest" means an ownership interest in a distributor, | ||
importing distributor, or manufacturer of beer as specified in | ||
this Section.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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