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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB4043eng HB4043 Engrossed LRB9111753LDpk 1 AN ACT to amend the Liquor Control Act of 1934 by 2 changing Section 7-5. 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 7-5 as follows: 7 (235 ILCS 5/7-5) (from Ch. 43, par. 149) 8 Sec. 7-5. The local liquor control commissioner may 9 revoke or suspend any license issued by him if he determines 10 that the licensee has violated any of the provisions of this 11 Act or of any valid ordinance or resolution enacted by the 12 particular city council, president, or board of trustees or 13 county board (as the case may be) or any applicable rule or 14 regulations established by the local liquor control 15 commissioner or the State commission which is not 16 inconsistent with law. In addition to the suspension, the 17 local liquor control commissioner in any county or 18 municipality may levy a fine on the licensee for such 19 violations. The fine imposed shall not exceed $2,000$100020 for each violation; each day on which a violation continues 21 shall constitute a separate violation. Not more than $20,000 22$10,000in fines under this Section may be imposed against 23 any licensee during the period of his license. Proceeds from 24 such fines shall be paid into the general corporate fund of 25 the county or municipal treasury, as the case may be. 26 However, no such license shall be so revoked or suspended 27 and no licensee shall be fined except after a public hearing 28 by the local liquor control commissioner with a 3 day written 29 notice to the licensee affording the licensee an opportunity 30 to appear and defend. All such hearings shall be open to the 31 public and the local liquor control commissioner shall reduce HB4043 Engrossed -2- LRB9111753LDpk 1 all evidence to writing and shall maintain an official record 2 of the proceedings. If the local liquor control commissioner 3 has reason to believe that any continued operation of a 4 particular licensed premises will immediately threaten the 5 welfare of the community he may, upon the issuance of a 6 written order stating the reason for such conclusion and 7 without notice or hearing order the licensed premises closed 8 for not more than 7 days, giving the licensee an opportunity 9 to be heard during that period, except that if such licensee 10 shall also be engaged in the conduct of another business or 11 businesses on the licensed premises such order shall not be 12 applicable to such other business or businesses. 13 The local liquor control commissioner shall within 5 days 14 after such hearing, if he determines after such hearing that 15 the license should be revoked or suspended or that the 16 licensee should be fined, state the reason or reasons for 17 such determination in a written order, and either the amount 18 of the fine, the period of suspension, or that the license 19 has been revoked, and shall serve a copy of such order within 20 the 5 days upon the licensee. 21 If the premises for which the license was issued are 22 located outside of a city, village or incorporated town 23 having a population of 500,000 or more inhabitants, the 24 licensee after the receipt of such order of suspension or 25 revocation shall have the privilege within a period of 20 26 days after the receipt of such order of suspension or 27 revocation of appealing the order to the State commission for 28 a decision sustaining, reversing or modifying the order of 29 the local liquor control commissioner. If the State 30 commission affirms the local commissioner's order to suspend 31 or revoke the license at the first hearing, the appellant 32 shall cease to engage in the business for which the license 33 was issued, until the local commissioner's order is 34 terminated by its own provisions or reversed upon rehearing HB4043 Engrossed -3- LRB9111753LDpk 1 or by the courts. 2 If the premises for which the license was issued are 3 located within a city, village or incorporated town having a 4 population of 500,000 or more inhabitants, the licensee shall 5 have the privilege, within a period of 20 days after the 6 receipt of such order of fine, suspension or revocation, of 7 appealing the order to the local license appeal commission 8 and upon the filing of such an appeal by the licensee the 9 license appeal commission shall determine the appeal upon 10 certified record of proceedings of the local liquor 11 commissioner in accordance with the provisions of Section 12 7-9. Within 30 days after such appeal was heard the license 13 appeal commission shall render a decision sustaining or 14 reversing the order of the local liquor control commissioner. 15 (Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)