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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB4043
LRB9111753LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 10-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 10-1 as follows:
7 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
8 Sec. 10-1. Violations; penalties. Whereas a substantial
9 threat to the sound and careful control, regulation, and
10 taxation of the manufacture, sale, and distribution of
11 alcoholic liquors exists by virtue of individuals who
12 manufacture, import, distribute, or sell alcoholic liquors
13 within the State without having first obtained a valid
14 license to do so, and whereas such threat is especially
15 serious along the borders of this State, and whereas such
16 threat requires immediate correction by this Act, by active
17 investigation and prosecution by law enforcement officials
18 and prosecutors, and by prompt and strict enforcement through
19 the courts of this State to punish violators and to deter
20 such conduct in the future:
21 (a) Any person who manufactures, imports for
22 distribution or use, or distributes or sells alcoholic liquor
23 at any place within the State without having first obtained a
24 valid license to do so under the provisions of this Act shall
25 be guilty of a business offense and fined not more than
26 $1,000 for the first such offense and shall be guilty of a
27 Class 4 felony for each subsequent offense.
28 (b) (1) Any retailer, licensed in this State, who
29 knowingly causes to furnish, give, sell, or otherwise being
30 within the State, any alcoholic liquor destined to be used,
31 distributed, consumed or sold in another state, unless such
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1 alcoholic liquor was received in this State by a duly
2 licensed distributor, or importing distributors shall have
3 his license suspended for 7 days for the first offense and
4 for the second offense, shall have his license revoked by the
5 Commission.
6 (2) In the event the Commission receives a certified
7 copy of a final order from a foreign jurisdiction that an
8 Illinois retail licensee has been found to have violated that
9 foreign jurisdiction's laws, rules, or regulations concerning
10 the importation of alcoholic liquor into that foreign
11 jurisdiction, the violation may be grounds for the Commission
12 to revoke, suspend, or refuse to issue or renew a license, to
13 impose a fine, or to take any additional action provided by
14 this Act with respect to the Illinois retail license or
15 licensee. Any such action on the part of the Commission
16 shall be in accordance with this Act and implementing rules.
17 For the purposes of paragraph (2): (i) "foreign
18 jurisdiction" means a state, territory, or possession of the
19 United States, the District of Columbia, or the Commonwealth
20 of Puerto Rico, and (ii) "final order" means an order or
21 judgment of a court or administrative body that determines
22 the rights of the parties respecting the subject matter of
23 the proceeding, that remains in full force and effect, and
24 from which no appeal can be taken.
25 (c) Any person who shall make any false statement or
26 otherwise violates any of the provisions of this Act in
27 obtaining any license hereunder, or who having obtained a
28 license hereunder shall violate any of the provisions of this
29 Act with respect to the manufacture, possession, distribution
30 or sale of alcoholic liquor, or with respect to the
31 maintenance of the licensed premises, or shall violate any
32 other provision of this Act, shall for a first offense be
33 guilty of a petty offense and fined not more than $1,000
34 $500, and for a second or subsequent offense shall be guilty
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1 of a Class B misdemeanor and fined not more than $5,000.
2 (d) Each day any person engages in business as a
3 manufacturer, foreign importer, importing distributor,
4 distributor or retailer in violation of the provisions of
5 this Act shall constitute a separate offense.
6 (e) Any person, under the age of 21 years who, for the
7 purpose of buying, accepting or receiving alcoholic liquor
8 from a licensee, represents that he is 21 years of age or
9 over shall be guilty of a Class A misdemeanor.
10 (f) In addition to the penalties herein provided, any
11 person licensed as a wine-maker in either class who
12 manufactures more wine than authorized by his license shall
13 be guilty of a business offense and shall be fined $1 for
14 each gallon so manufactured.
15 (g) A person shall be exempt from prosecution for a
16 violation of this Act if he is a peace officer in the
17 enforcement of the criminal laws and such activity is
18 approved in writing by one of the following:
19 (1) In all counties, the respective State's
20 Attorney;
21 (2) The Director of State Police under Section
22 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
23 2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
24 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
25 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
26 2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
27 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
28 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or
29 2605-550 of the Department of State Police Law (20 ILCS
30 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,
31 2605/2605-105, 2605/2605-110, 2605/2605-115,
32 2605/2605-120, 2605/2605-130, 2605/2605-140,
33 2605/2605-190, 2605/2605-200, 2605/2605-205,
34 2605/2605-210, 2605/2605-215, 2605/2605-250,
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1 2605/2605-275, 2605/2605-300, 2605/2605-305,
2 2605/2605-315, 2605/2605-325, 2605/2605-335,
3 2605/2605-340, 2605/2605-350, 2605/2605-355,
4 2605/2605-360, 2605/2605-365, 2605/2605-375,
5 2605/2605-390, 2605/2605-400, 2605/2605-405,
6 2605/2605-420, 2605/2605-430, 2605/2605-435,
7 2605/2605-500, 2605/2605-525, or 2605/2605-550); or
8 (3) In cities over 1,000,000, the Superintendent of
9 Police.
10 (Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)