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91_SB1550ham001
LRB9111444LDpram01
1 AMENDMENT TO SENATE BILL 1550
2 AMENDMENT NO. . Amend Senate Bill 1550 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to alcoholic liquor, amending named
5 Acts."; and
6 on page 1, by inserting the following after line 4:
7 "Section 3. The Alcoholism and Other Drug Abuse and
8 Dependency Act is amended by changing Section 15-10 as
9 follows:
10 (20 ILCS 301/15-10)
11 Sec. 15-10. Licensure categories. No person or program
12 may provide the services or conduct the activities described
13 in this Section without first obtaining a license therefor
14 from the Department. The Department shall, by rule, provide
15 licensure requirements for each of the following categories
16 of service:
17 (a) residential treatment for alcoholism and other
18 drug abuse and dependency.
19 (b) outpatient treatment for alcoholism and other
20 drug abuse and dependency.
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1 (c) the screening, assessment, referral or tracking
2 of clients identified by the criminal justice system as
3 having indications of alcoholism or other drug abuse or
4 dependency.
5 (d) D.U.I. evaluation services for Illinois courts
6 and the Secretary of State.
7 (e) D.U.I. remedial education services for Illinois
8 courts or the Secretary of State.
9 (f) persons providing education and training to
10 beverage alcohol servers and sellers, as defined by the
11 Department.
12 The Department may, under procedures established by rule
13 and upon a showing of good cause for such, exempt off-site
14 services from having to obtain a separate license for
15 services conducted away from the provider's primary service
16 location.
17 (Source: P.A. 88-80.)"; and
18 on page 1, line 6, by replacing "Section 6-15" with "Sections
19 3-12, 6-15, and 6-27"; and
20 on page 1, by inserting the following after line 6:
21 "(235 ILCS 5/3-12) (from Ch. 43, par. 108)
22 Sec. 3-12. Powers and duties of State Commission.
23 (a) The State commission shall have the following
24 powers, functions and duties:
25 (1) To receive applications and to issue licenses to
26 manufacturers, foreign importers, importing distributors,
27 distributors, non-resident dealers, on premise consumption
28 retailers, off premise sale retailers, special event retailer
29 licensees, special use permit licenses, auction liquor
30 licenses, brew pubs, caterer retailers, non-beverage users,
31 railroads, including owners and lessees of sleeping, dining
32 and cafe cars, airplanes, boats, brokers, and wine maker's
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1 retail licensees in accordance with the provisions of this
2 Act, and to suspend or revoke such licenses upon the State
3 commission's determination, upon notice after hearing, that a
4 licensee has violated any provision of this Act or any rule
5 or regulation issued pursuant thereto and in effect for 30
6 days prior to such violation.
7 In lieu of suspending or revoking a license, the
8 commission may impose a fine, upon the State commission's
9 determination and notice after hearing, that a licensee has
10 violated any provision of this Act or any rule or regulation
11 issued pursuant thereto and in effect for 30 days prior to
12 such violation. The fine imposed under this paragraph may
13 not exceed $500 for each violation. Each day that the
14 activity, which gave rise to the original fine, continues is
15 a separate violation. The maximum fine that may be levied
16 against any licensee, for the period of the license, shall
17 not exceed $20,000. The maximum penalty that may be imposed
18 on a licensee for selling a bottle of alcoholic liquor with a
19 foreign object in it or serving from a bottle of alcoholic
20 liquor with a foreign object in it shall be the destruction
21 of that bottle of alcoholic liquor for the first 10 bottles
22 so sold or served from by the licensee. For the eleventh
23 bottle of alcoholic liquor and for each third bottle
24 thereafter sold or served from by the licensee with a foreign
25 object in it, the maximum penalty that may be imposed on the
26 licensee is the destruction of the bottle of alcoholic liquor
27 and a fine of up to $50.
28 (2) To adopt such rules and regulations consistent with
29 the provisions of this Act which shall be necessary to carry
30 on its functions and duties to the end that the health,
31 safety and welfare of the People of the State of Illinois
32 shall be protected and temperance in the consumption of
33 alcoholic liquors shall be fostered and promoted and to
34 distribute copies of such rules and regulations to all
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1 licensees affected thereby.
2 (3) To call upon other administrative departments of the
3 State, county and municipal governments, county and city
4 police departments and upon prosecuting officers for such
5 information and assistance as it deems necessary in the
6 performance of its duties.
7 (4) To recommend to local commissioners rules and
8 regulations, not inconsistent with the law, for the
9 distribution and sale of alcoholic liquors throughout the
10 State.
11 (5) To inspect, or cause to be inspected, any premises
12 in this State where alcoholic liquors are manufactured,
13 distributed, warehoused, or sold.
14 (5.1) Upon receipt of a complaint or upon having
15 knowledge that any person is engaged in business as a
16 manufacturer, importing distributor, distributor, or retailer
17 without a license or valid license, to notify the local
18 liquor authority, file a complaint with the State's
19 Attorney's Office of the county where the incident occurred,
20 or initiate an investigation with the appropriate law
21 enforcement officials.
22 (5.2) To issue a cease and desist notice to persons
23 shipping alcoholic liquor into this State from a point
24 outside of this State if the shipment is in violation of this
25 Act.
26 (5.3) To receive complaints from licensees, local
27 officials, law enforcement agencies, organizations, and
28 persons stating that any licensee has been or is violating
29 any provision of this Act or the rules and regulations issued
30 pursuant to this Act. Such complaints shall be in writing,
31 signed and sworn to by the person making the complaint, and
32 shall state with specificity the facts in relation to the
33 alleged violation. If the Commission has reasonable grounds
34 to believe that the complaint substantially alleges a
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1 violation of this Act or rules and regulations adopted
2 pursuant to this Act, it shall conduct an investigation. If,
3 after conducting an investigation, the Commission is
4 satisfied that the alleged violation did occur, it shall
5 proceed with disciplinary action against the licensee as
6 provided in this Act.
7 (6) To hear and determine appeals from orders of a local
8 commission in accordance with the provisions of this Act, as
9 hereinafter set forth. Hearings under this subsection shall
10 be held in Springfield or Chicago, at whichever location is
11 the more convenient for the majority of persons who are
12 parties to the hearing.
13 (7) The commission shall establish uniform systems of
14 accounts to be kept by all retail licensees having more than
15 4 employees, and for this purpose the commission may classify
16 all retail licensees having more than 4 employees and
17 establish a uniform system of accounts for each class and
18 prescribe the manner in which such accounts shall be kept.
19 The commission may also prescribe the forms of accounts to be
20 kept by all retail licensees having more than 4 employees,
21 including but not limited to accounts of earnings and
22 expenses and any distribution, payment, or other distribution
23 of earnings or assets, and any other forms, records and
24 memoranda which in the judgment of the commission may be
25 necessary or appropriate to carry out any of the provisions
26 of this Act, including but not limited to such forms, records
27 and memoranda as will readily and accurately disclose at all
28 times the beneficial ownership of such retail licensed
29 business. The accounts, forms, records and memoranda shall
30 be available at all reasonable times for inspection by
31 authorized representatives of the State commission or by any
32 local liquor control commissioner or his or her authorized
33 representative. The commission, may, from time to time,
34 alter, amend or repeal, in whole or in part, any uniform
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1 system of accounts, or the form and manner of keeping
2 accounts.
3 (8) In the conduct of any hearing authorized to be held
4 by the commission, to examine, or cause to be examined, under
5 oath, any licensee, and to examine or cause to be examined
6 the books and records of such licensee; to hear testimony and
7 take proof material for its information in the discharge of
8 its duties hereunder; to administer or cause to be
9 administered oaths; and for any such purpose to issue
10 subpoena or subpoenas to require the attendance of witnesses
11 and the production of books, which shall be effective in any
12 part of this State.
13 Any Circuit Court may by order duly entered, require the
14 attendance of witnesses and the production of relevant books
15 subpoenaed by the State commission and the court may compel
16 obedience to its order by proceedings for contempt.
17 (9) To investigate the administration of laws in
18 relation to alcoholic liquors in this and other states and
19 any foreign countries, and to recommend from time to time to
20 the Governor and through him or her to the legislature of
21 this State, such amendments to this Act, if any, as it may
22 think desirable and as will serve to further the general
23 broad purposes contained in Section 1-2 hereof.
24 (10) To adopt such rules and regulations consistent with
25 the provisions of this Act which shall be necessary for the
26 control, sale or disposition of alcoholic liquor damaged as a
27 result of an accident, wreck, flood, fire or other similar
28 occurrence.
29 (11) To develop industry educational programs related to
30 responsible serving and selling, particularly in the areas of
31 overserving consumers and illegal underage purchasing and
32 consumption of alcoholic beverages.
33 (11.1) To license persons providing education and
34 training to alcohol beverage sellers and servers under the
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1 Beverage Alcohol Sellers and Servers Education and Training
2 (BASSET) programs and to develop and administer a public
3 awareness program in Illinois to reduce or eliminate the
4 illegal purchase and consumption of alcoholic beverage
5 products by persons under the age of 21. Application for a
6 license shall be made on forms provided by the State
7 Commission.
8 (12) To develop and maintain a repository of license and
9 regulatory information.
10 (13) On or before January 15, 1994, the Commission shall
11 issue a written report to the Governor and General Assembly
12 that is to be based on a comprehensive study of the impact on
13 and implications for the State of Illinois of Section 1926 of
14 the Federal ADAMHA Reorganization Act of 1992 (Public Law
15 102-321). This study shall address the extent to which
16 Illinois currently complies with the provisions of P.L.
17 102-321 and the rules promulgated pursuant thereto.
18 As part of its report, the Commission shall provide the
19 following essential information:
20 (i) the number of retail distributors of tobacco
21 products, by type and geographic area, in the State;
22 (ii) the number of reported citations and
23 successful convictions, categorized by type and location
24 of retail distributor, for violation of the Sale of
25 Tobacco to Minors Act and the Smokeless Tobacco
26 Limitation Act;
27 (iii) the extent and nature of organized
28 educational and governmental activities that are intended
29 to promote, encourage or otherwise secure compliance with
30 any Illinois laws that prohibit the sale or distribution
31 of tobacco products to minors; and
32 (iv) the level of access and availability of
33 tobacco products to individuals under the age of 18.
34 To obtain the data necessary to comply with the
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1 provisions of P.L. 102-321 and the requirements of this
2 report, the Commission shall conduct random, unannounced
3 inspections of a geographically and scientifically
4 representative sample of the State's retail tobacco
5 distributors.
6 The Commission shall consult with the Department of
7 Public Health, the Department of Human Services, the Illinois
8 State Police and any other executive branch agency, and
9 private organizations that may have information relevant to
10 this report.
11 The Commission may contract with the Food and Drug
12 Administration of the U.S. Department of Health and Human
13 Services to conduct unannounced investigations of Illinois
14 tobacco vendors to determine compliance with federal laws
15 relating to the illegal sale of cigarettes and smokeless
16 tobacco products to persons under the age of 18.
17 (b) On or before April 30, 1999, the Commission shall
18 present a written report to the Governor and the General
19 Assembly that shall be based on a study of the impact of this
20 amendatory Act of 1998 on the business of soliciting,
21 selling, and shipping alcoholic liquor from outside of this
22 State directly to residents of this State.
23 As part of its report, the Commission shall provide the
24 following information:
25 (i) the amount of State excise and sales tax
26 revenues generated as a result of this amendatory Act of
27 1998;
28 (ii) the amount of licensing fees received as a
29 result of this amendatory Act of 1998;
30 (iii) the number of reported violations, the number
31 of cease and desist notices issued by the Commission, the
32 number of notices of violations issued to the Department
33 of Revenue, and the number of notices and complaints of
34 violations to law enforcement officials.
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1 (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
2 eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)";
3 and
4 on page 13, by inserting the following after line 22:
5 "(235 ILCS 5/6-27) (from Ch. 43, par. 144c)
6 Sec. 6-27. Licensing of seller and server education
7 programs.
8 (a) Any program designed to educate or train employees
9 who sell or serve alcoholic beverages at retail to identify
10 and address persons displaying problems with alcohol misuse
11 or abuse shall be licensed by the State Commission Department
12 of Human Services.
13 (b) A seller and server education program license in
14 effect on the effective date of this amendatory Act of the
15 91st General Assembly shall remain in effect until June 30,
16 2000.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".