| ||||
| Public Act 098-1054 | ||||
| ||||
| ||||
AN ACT concerning 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 Section 7-5 as follows:
| ||||
(235 ILCS 5/7-5) (from Ch. 43, par. 149)
| ||||
Sec. 7-5. The local liquor control commissioner may revoke | ||||
or suspend any
license issued by him if he determines that the | ||||
licensee has violated any
of the provisions of this Act or of | ||||
any valid ordinance or resolution
enacted by the particular | ||||
city council, president, or board of trustees or
county board | ||||
(as the case may be) or any applicable rule or regulations
| ||||
established by the local liquor control commissioner or the | ||||
State
commission which is not inconsistent with law.
Upon | ||||
notification by the Illinois Department of Revenue, the State
| ||||
Commission, in accordance with Section 3-12, may refuse the | ||||
issuance or renewal of a license, fine a licensee, or suspend | ||||
or revoke any license issued by the State Commission if the | ||||
licensee or license applicant has
violated the
provisions of | ||||
Section 3 of the Retailers' Occupation Tax Act.
In addition to | ||||
the suspension,
the local liquor control commissioner in any
| ||||
county or municipality
may levy a fine on the licensee for such
| ||||
violations. The fine imposed shall not exceed $1000 for a first
| ||||
violation within a 12-month period, $1,500 for a second | ||
violation within a
12-month period, and $2,500 for a third or | ||
subsequent violation within a
12-month period. Each day on | ||
which a violation continues shall
constitute a separate | ||
violation.
Not more than $15,000 in fines under this Section | ||
may be
imposed against
any licensee during the period of his | ||
license. Proceeds from such fines
shall be paid into the | ||
general corporate fund of the county or
municipal treasury, as | ||
the case may be.
| ||
However, no such license
shall be so revoked or suspended | ||
and no licensee shall be fined except after
a public hearing by | ||
the local
liquor control commissioner with a 3 day written | ||
notice to the licensee
affording the licensee an opportunity to | ||
appear and defend.
All such
hearings shall be open to the | ||
public and the local liquor control
commissioner shall reduce | ||
all evidence to writing and shall maintain an
official record | ||
of the proceedings. If the local liquor control
commissioner | ||
has reason to believe that any continued operation of a
| ||
particular licensed premises will immediately threaten the | ||
welfare of the
community he may, upon the issuance of a written | ||
order stating the reason
for such conclusion and without notice | ||
or hearing order the licensed
premises closed for not more than | ||
7 days, giving the licensee an
opportunity to be heard during | ||
that period, except that if such licensee
shall also be engaged | ||
in the conduct of another business or businesses on
the | ||
licensed premises such order shall not be applicable to such | ||
other
business or businesses.
| ||
The local liquor control commissioner shall within 5 days | ||
after such
hearing, if he determines after such hearing that | ||
the license should be
revoked or suspended or that the licensee | ||
should be fined, state the reason
or reasons for such | ||
determination in
a written order, and either the amount of the | ||
fine, the period of suspension,
or that the license has been | ||
revoked,
and shall serve a copy of such
order within the 5 days | ||
upon the licensee.
| ||
If the premises for which the license was issued are | ||
located outside of
a city, village or incorporated town having | ||
a population of 500,000 or more
inhabitants, the licensee after | ||
the receipt of such order of suspension or
revocation shall | ||
have the privilege within a period of 20 days after the
receipt | ||
of such order of suspension or revocation of appealing the | ||
order to
the State commission for a decision sustaining, | ||
reversing or modifying the
order of the local liquor control | ||
commissioner. If the State commission
affirms the local | ||
commissioner's order to suspend or revoke the license at
the | ||
first hearing, the appellant shall cease to engage in the | ||
business for
which the license was issued, until the local | ||
commissioner's order is
terminated by its own provisions or | ||
reversed upon rehearing or by the
courts.
| ||
If the premises for which the license was issued are | ||
located within a
city, village or incorporated town having a | ||
population of 500,000 or more
inhabitants, the licensee shall | ||
have the privilege, within a period of 20 days
after the
| ||
receipt of such order of fine, suspension or revocation, of | ||
appealing the order
to
the local license appeal commission and | ||
upon the filing of such an appeal
by the licensee the license | ||
appeal commission shall determine the appeal
upon certified | ||
record of proceedings of the local liquor commissioner in
| ||
accordance with the provisions of Section 7-9. Within 30
days | ||
after such appeal was heard the license appeal
commission shall
| ||
render a decision sustaining or reversing
the order of the | ||
local liquor
control commissioner.
| ||
If the premises for which a license was issued are located | ||
within a city, village, or incorporated town having a | ||
population of 1,000,000 or more inhabitants and the local | ||
liquor control commissioner has evidence that the following | ||
criminal activity has occurred inside the licensed premises: | ||
the sale of or possession with intent to sell controlled | ||
substances or marijuana, the sale of or possession with intent | ||
to sell firearms, homicide, criminal sexual assault or criminal | ||
sexual abuse, aggravated assault or aggravated battery, then | ||
the local liquor control commissioner may, without notice or | ||
hearing, and upon the issuance of a written order stating that | ||
the continued operation of the licensed premises poses an | ||
immediate threat to the health, safety, or welfare of the | ||
community, order the licensed premises closed for a period of | ||
not more than 30 days, giving the licensee an opportunity to be | ||
heard during that period. Upon receipt of evidence of the | ||
criminal activity by the local liquor control commissioner, the | ||
name of the licensee and the address of the licensed premises | ||
where the criminal activity is alleged to have occurred may be | ||
submitted by the local liquor control commissioner to the State | ||
Commission. If such information is received by the State | ||
Commission, then the State Commission must post that | ||
information in each of its offices in places available for | ||
public inspection not later than the day following the State | ||
Commission's receipt of the information. If the licensee is | ||
granted a continuance during the period of time the licensed | ||
premises is ordered to be closed, the licensed premises shall | ||
remain closed until a judgment is entered. Notwithstanding the | ||
foregoing, the licensed premises will be allowed to remain open | ||
if the criminal activity is timely reported by the licensee, or | ||
its agents, pursuant to local ordinance, and the criminal | ||
activity shall not be used as a basis for suspension under this | ||
Act. A distributor may, in coordination with the local liquor | ||
control commissioner and the local police department, remove | ||
any product from the licensed premises for which the | ||
distributor has not received full payment from the licensee at | ||
the time of the closure of the premises. The distributor shall | ||
provide the local liquor control commissioner with a document | ||
outlining the products for which full payment has not been | ||
received. | ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||