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Public Act 92-0813
HB5000 Enrolled LRB9215827LBpr
AN ACT in relation to alcoholic liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 3-12 and 6-11 as follows:
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. Powers and duties of State Commission.
(a) The State commission shall have the following
powers, functions and duties:
(1) To receive applications and to issue licenses
to manufacturers, foreign importers, importing
distributors, distributors, non-resident dealers, on
premise consumption retailers, off premise sale
retailers, special event retailer licensees, special use
permit licenses, auction liquor licenses, brew pubs,
caterer retailers, non-beverage users, railroads,
including owners and lessees of sleeping, dining and cafe
cars, airplanes, boats, brokers, and wine maker's
premises licensees in accordance with the provisions of
this Act, and to suspend or revoke such licenses upon the
State commission's determination, upon notice after
hearing, that a licensee has violated any provision of
this Act or any rule or regulation issued pursuant
thereto and in effect for 30 days prior to such
violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. The fine imposed under
this paragraph may not exceed $500 for each violation.
Each day that the activity, which gave rise to the
original fine, continues is a separate violation. The
maximum fine that may be levied against any licensee, for
the period of the license, shall not exceed $20,000. The
maximum penalty that may be imposed on a licensee for
selling a bottle of alcoholic liquor with a foreign
object in it or serving from a bottle of alcoholic liquor
with a foreign object in it shall be the destruction of
that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a
foreign object in it, the maximum penalty that may be
imposed on the licensee is the destruction of the bottle
of alcoholic liquor and a fine of up to $50.
(2) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
to carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments
of the State, county and municipal governments, county
and city police departments and upon prosecuting officers
for such information and assistance as it deems necessary
in the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any
premises in this State where alcoholic liquors are
manufactured, distributed, warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to notify
the local liquor authority, file a complaint with the
State's Attorney's Office of the county where the
incident occurred, or initiate an investigation with the
appropriate law enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of
this Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is
violating any provision of this Act or the rules and
regulations issued pursuant to this Act. Such complaints
shall be in writing, signed and sworn to by the person
making the complaint, and shall state with specificity
the facts in relation to the alleged violation. If the
Commission has reasonable grounds to believe that the
complaint substantially alleges a violation of this Act
or rules and regulations adopted pursuant to this Act, it
shall conduct an investigation. If, after conducting an
investigation, the Commission is satisfied that the
alleged violation did occur, it shall proceed with
disciplinary action against the licensee as provided in
this Act.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of
this Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the
majority of persons who are parties to the hearing.
(7) The commission shall establish uniform systems
of accounts to be kept by all retail licensees having
more than 4 employees, and for this purpose the
commission may classify all retail licensees having more
than 4 employees and establish a uniform system of
accounts for each class and prescribe the manner in which
such accounts shall be kept. The commission may also
prescribe the forms of accounts to be kept by all retail
licensees having more than 4 employees, including but not
limited to accounts of earnings and expenses and any
distribution, payment, or other distribution of earnings
or assets, and any other forms, records and memoranda
which in the judgment of the commission may be necessary
or appropriate to carry out any of the provisions of this
Act, including but not limited to such forms, records and
memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda
shall be available at all reasonable times for inspection
by authorized representatives of the State commission or
by any local liquor control commissioner or his or her
authorized representative. The commission, may, from time
to time, alter, amend or repeal, in whole or in part, any
uniform system of accounts, or the form and manner of
keeping accounts.
(8) In the conduct of any hearing authorized to be
held by the commission, to appoint, at the commission's
discretion, hearing officers to conduct hearings
involving complex issues or issues that will require a
protracted period of time to resolve, to examine, or
cause to be examined, under oath, any licensee, and to
examine or cause to be examined the books and records of
such licensee; to hear testimony and take proof material
for its information in the discharge of its duties
hereunder; to administer or cause to be administered
oaths; and for any such purpose to issue subpoena or
subpoenas to require the attendance of witnesses and the
production of books, which shall be effective in any part
of this State, and to adopt rules to implement its powers
under this paragraph (8).
Any Circuit Court may by order duly entered, require
the attendance of witnesses and the production of
relevant books subpoenaed by the State commission and the
court may compel obedience to its order by proceedings
for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states
and any foreign countries, and to recommend from time to
time to the Governor and through him or her to the
legislature of this State, such amendments to this Act,
if any, as it may think desirable and as will serve to
further the general broad purposes contained in Section
1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire or
other similar occurrence.
(11) To develop industry educational programs
related to responsible serving and selling, particularly
in the areas of overserving consumers and illegal
underage purchasing and consumption of alcoholic
beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers under
the Beverage Alcohol Sellers and Servers Education and
Training (BASSET) programs and to develop and administer
a public awareness program in Illinois to reduce or
eliminate the illegal purchase and consumption of
alcoholic beverage products by persons under the age of
21. Application for a license shall be made on forms
provided by the State Commission.
(12) To develop and maintain a repository of
license and regulatory information.
(13) On or before January 15, 1994, the Commission
shall issue a written report to the Governor and General
Assembly that is to be based on a comprehensive study of
the impact on and implications for the State of Illinois
of Section 1926 of the Federal ADAMHA Reorganization Act
of 1992 (Public Law 102-321). This study shall address
the extent to which Illinois currently complies with the
provisions of P.L. 102-321 and the rules promulgated
pursuant thereto.
As part of its report, the Commission shall provide
the following essential information:
(i) the number of retail distributors of
tobacco products, by type and geographic area, in
the State;
(ii) the number of reported citations and
successful convictions, categorized by type and
location of retail distributor, for violation of the
Sale of Tobacco to Minors Act and the Smokeless
Tobacco Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are
intended to promote, encourage or otherwise secure
compliance with any Illinois laws that prohibit the
sale or distribution of tobacco products to minors;
and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the Illinois
State Police and any other executive branch agency, and
private organizations that may have information relevant to
this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of this
amendatory Act of 1998 on the business of soliciting,
selling, and shipping alcoholic liquor from outside of this
State directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax
revenues generated as a result of this amendatory Act of
1998;
(ii) the amount of licensing fees received as a
result of this amendatory Act of 1998;
(iii) the number of reported violations, the number
of cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00;
92-378, eff. 8-16-01.)
(235 ILCS 5/6-11) (from Ch. 43, par. 127)
Sec. 6-11. No license shall be issued for the sale at
retail of any alcoholic liquor within 100 feet of any church,
school other than an institution of higher learning,
hospital, home for aged or indigent persons or for veterans,
their spouses or children or any military or naval station,
provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of
alcoholic liquors is not the principal business carried on if
the place of business so exempted is not located in a
municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale
at retail of alcoholic liquor on premises within 100 feet of
any church or school where the church or school has been
established within such 100 feet since the issuance of the
original license. In the case of a church, the distance of
100 feet shall be measured to the nearest part of any
building used for worship services or educational programs
and not to property boundaries.
Nothing in this Section shall prohibit the issuance of a
retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of
goods baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000
square feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months
of the effective date of this amendatory Act of 1998.
Nothing in this Section shall prohibit the issuance of a
retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is
a completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant
is located operated the premises as a restaurant and held a
valid retail license authorizing the sale of alcoholic liquor
at the restaurant for at least part of the 24 months before
the change of ownership, and (3) the restaurant is located 75
or more feet from a school.
In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of
a retail license authorizing the sale of alcoholic beverages
to a restaurant, banquet facility, grocery store, or hotel
having not fewer than 150 guest room accommodations located
in a municipality of more than 500,000 persons,
notwithstanding the proximity of such hotel, restaurant,
banquet facility, or grocery store to any church or school,
if the licensed premises described on the license are located
within an enclosed mall or building of a height of at least 6
stories, or 60 feet in the case of a building that has been
registered as a national landmark, or in a grocery store
having a minimum of 56,010 square feet of floor space in a
single story building in an open mall of at least 3.96 acres
that is adjacent to a public school that opened as a boys
technical high school in 1934, and in each of these cases if
the sale of alcoholic liquors is not the principal business
carried on by the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where
the sale of alcoholic liquors is not the principal business.
Nothing in this Section shall prohibit the issuance of a
license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods
when groups are assembled on the premises solely for the
promotion of some common object other than the sale or
consumption of alcoholic liquors.
Nothing in this Section shall prohibit a church or church
affiliated school located in a home rule municipality or in a
municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a
preexisting license to sell alcoholic liquor at retail. In
these instances, the local zoning authority may, by ordinance
adopted simultaneously with the granting of an initial
special use zoning permit for the church or church affiliated
school, provide that the 100-foot restriction in this Section
shall not apply to that church or church affiliated school
and future retail liquor licenses.
(Source: P.A. 90-617, eff. 7-10-98; 90-655, eff. 7-30-98;
91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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