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| [ Senate Amendment 001 ] |
91_HB4043ham001
LRB9111753LDpkam
1 AMENDMENT TO HOUSE BILL 4043
2 AMENDMENT NO. . Amend House Bill 4043 by replacing
3 the title with the following:
4 "AN ACT to amend the Liquor Control Act of 1934 by
5 changing Section 7-5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Liquor Control Act of 1934 is amended by
9 changing Section 7-5 as follows:
10 (235 ILCS 5/7-5) (from Ch. 43, par. 149)
11 Sec. 7-5. The local liquor control commissioner may
12 revoke or suspend any license issued by him if he determines
13 that the licensee has violated any of the provisions of this
14 Act or of any valid ordinance or resolution enacted by the
15 particular city council, president, or board of trustees or
16 county board (as the case may be) or any applicable rule or
17 regulations established by the local liquor control
18 commissioner or the State commission which is not
19 inconsistent with law. In addition to the suspension, the
20 local liquor control commissioner in any county or
21 municipality may levy a fine on the licensee for such
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1 violations. The fine imposed shall not exceed $2,000 $1000
2 for each violation; each day on which a violation continues
3 shall constitute a separate violation. Not more than $20,000
4 $10,000 in fines under this Section may be imposed against
5 any licensee during the period of his license. Proceeds from
6 such fines shall be paid into the general corporate fund of
7 the county or municipal treasury, as the case may be.
8 However, no such license shall be so revoked or suspended
9 and no licensee shall be fined except after a public hearing
10 by the local liquor control commissioner with a 3 day written
11 notice to the licensee affording the licensee an opportunity
12 to appear and defend. All such hearings shall be open to the
13 public and the local liquor control commissioner shall reduce
14 all evidence to writing and shall maintain an official record
15 of the proceedings. If the local liquor control commissioner
16 has reason to believe that any continued operation of a
17 particular licensed premises will immediately threaten the
18 welfare of the community he may, upon the issuance of a
19 written order stating the reason for such conclusion and
20 without notice or hearing order the licensed premises closed
21 for not more than 7 days, giving the licensee an opportunity
22 to be heard during that period, except that if such licensee
23 shall also be engaged in the conduct of another business or
24 businesses on the licensed premises such order shall not be
25 applicable to such other business or businesses.
26 The local liquor control commissioner shall within 5 days
27 after such hearing, if he determines after such hearing that
28 the license should be revoked or suspended or that the
29 licensee should be fined, state the reason or reasons for
30 such determination in a written order, and either the amount
31 of the fine, the period of suspension, or that the license
32 has been revoked, and shall serve a copy of such order within
33 the 5 days upon the licensee.
34 If the premises for which the license was issued are
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1 located outside of a city, village or incorporated town
2 having a population of 500,000 or more inhabitants, the
3 licensee after the receipt of such order of suspension or
4 revocation shall have the privilege within a period of 20
5 days after the receipt of such order of suspension or
6 revocation of appealing the order to the State commission for
7 a decision sustaining, reversing or modifying the order of
8 the local liquor control commissioner. If the State
9 commission affirms the local commissioner's order to suspend
10 or revoke the license at the first hearing, the appellant
11 shall cease to engage in the business for which the license
12 was issued, until the local commissioner's order is
13 terminated by its own provisions or reversed upon rehearing
14 or by the courts.
15 If the premises for which the license was issued are
16 located within a city, village or incorporated town having a
17 population of 500,000 or more inhabitants, the licensee shall
18 have the privilege, within a period of 20 days after the
19 receipt of such order of fine, suspension or revocation, of
20 appealing the order to the local license appeal commission
21 and upon the filing of such an appeal by the licensee the
22 license appeal commission shall determine the appeal upon
23 certified record of proceedings of the local liquor
24 commissioner in accordance with the provisions of Section
25 7-9. Within 30 days after such appeal was heard the license
26 appeal commission shall render a decision sustaining or
27 reversing the order of the local liquor control commissioner.
28 (Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)".