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92_HB5000eng HB5000 Engrossed LRB9215827LBpr 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 3-12 as follows: 6 (235 ILCS 5/3-12) (from Ch. 43, par. 108) 7 Sec. 3-12. Powers and duties of State Commission. 8 (a) The State commission shall have the following 9 powers, functions and duties: 10 (1) To receive applications and to issue licenses 11 to manufacturers, foreign importers, importing 12 distributors, distributors, non-resident dealers, on 13 premise consumption retailers, off premise sale 14 retailers, special event retailer licensees, special use 15 permit licenses, auction liquor licenses, brew pubs, 16 caterer retailers, non-beverage users, railroads, 17 including owners and lessees of sleeping, dining and cafe 18 cars, airplanes, boats, brokers, and wine maker's 19 premises licensees in accordance with the provisions of 20 this Act, and to suspend or revoke such licenses upon the 21 State commission's determination, upon notice after 22 hearing, that a licensee has violated any provision of 23 this Act or any rule or regulation issued pursuant 24 thereto and in effect for 30 days prior to such 25 violation. 26 In lieu of suspending or revoking a license, the 27 commission may impose a fine, upon the State commission's 28 determination and notice after hearing, that a licensee 29 has violated any provision of this Act or any rule or 30 regulation issued pursuant thereto and in effect for 30 31 days prior to such violation. The fine imposed under HB5000 Engrossed -2- LRB9215827LBpr 1 this paragraph may not exceed $500 for each violation. 2 Each day that the activity, which gave rise to the 3 original fine, continues is a separate violation. The 4 maximum fine that may be levied against any licensee, for 5 the period of the license, shall not exceed $20,000. The 6 maximum penalty that may be imposed on a licensee for 7 selling a bottle of alcoholic liquor with a foreign 8 object in it or serving from a bottle of alcoholic liquor 9 with a foreign object in it shall be the destruction of 10 that bottle of alcoholic liquor for the first 10 bottles 11 so sold or served from by the licensee. For the eleventh 12 bottle of alcoholic liquor and for each third bottle 13 thereafter sold or served from by the licensee with a 14 foreign object in it, the maximum penalty that may be 15 imposed on the licensee is the destruction of the bottle 16 of alcoholic liquor and a fine of up to $50. 17 (2) To adopt such rules and regulations consistent 18 with the provisions of this Act which shall be necessary 19 to carry on its functions and duties to the end that the 20 health, safety and welfare of the People of the State of 21 Illinois shall be protected and temperance in the 22 consumption of alcoholic liquors shall be fostered and 23 promoted and to distribute copies of such rules and 24 regulations to all licensees affected thereby. 25 (3) To call upon other administrative departments 26 of the State, county and municipal governments, county 27 and city police departments and upon prosecuting officers 28 for such information and assistance as it deems necessary 29 in the performance of its duties. 30 (4) To recommend to local commissioners rules and 31 regulations, not inconsistent with the law, for the 32 distribution and sale of alcoholic liquors throughout the 33 State. 34 (5) To inspect, or cause to be inspected, any HB5000 Engrossed -3- LRB9215827LBpr 1 premises in this State where alcoholic liquors are 2 manufactured, distributed, warehoused, or sold. 3 (5.1) Upon receipt of a complaint or upon having 4 knowledge that any person is engaged in business as a 5 manufacturer, importing distributor, distributor, or 6 retailer without a license or valid license, to notify 7 the local liquor authority, file a complaint with the 8 State's Attorney's Office of the county where the 9 incident occurred, or initiate an investigation with the 10 appropriate law enforcement officials. 11 (5.2) To issue a cease and desist notice to persons 12 shipping alcoholic liquor into this State from a point 13 outside of this State if the shipment is in violation of 14 this Act. 15 (5.3) To receive complaints from licensees, local 16 officials, law enforcement agencies, organizations, and 17 persons stating that any licensee has been or is 18 violating any provision of this Act or the rules and 19 regulations issued pursuant to this Act. Such complaints 20 shall be in writing, signed and sworn to by the person 21 making the complaint, and shall state with specificity 22 the facts in relation to the alleged violation. If the 23 Commission has reasonable grounds to believe that the 24 complaint substantially alleges a violation of this Act 25 or rules and regulations adopted pursuant to this Act, it 26 shall conduct an investigation. If, after conducting an 27 investigation, the Commission is satisfied that the 28 alleged violation did occur, it shall proceed with 29 disciplinary action against the licensee as provided in 30 this Act. 31 (6) To hear and determine appeals from orders of a 32 local commission in accordance with the provisions of 33 this Act, as hereinafter set forth. Hearings under this 34 subsection shall be held in Springfield or Chicago, at HB5000 Engrossed -4- LRB9215827LBpr 1 whichever location is the more convenient for the 2 majority of persons who are parties to the hearing. 3 (7) The commission shall establish uniform systems 4 of accounts to be kept by all retail licensees having 5 more than 4 employees, and for this purpose the 6 commission may classify all retail licensees having more 7 than 4 employees and establish a uniform system of 8 accounts for each class and prescribe the manner in which 9 such accounts shall be kept. The commission may also 10 prescribe the forms of accounts to be kept by all retail 11 licensees having more than 4 employees, including but not 12 limited to accounts of earnings and expenses and any 13 distribution, payment, or other distribution of earnings 14 or assets, and any other forms, records and memoranda 15 which in the judgment of the commission may be necessary 16 or appropriate to carry out any of the provisions of this 17 Act, including but not limited to such forms, records and 18 memoranda as will readily and accurately disclose at all 19 times the beneficial ownership of such retail licensed 20 business. The accounts, forms, records and memoranda 21 shall be available at all reasonable times for inspection 22 by authorized representatives of the State commission or 23 by any local liquor control commissioner or his or her 24 authorized representative. The commission, may, from time 25 to time, alter, amend or repeal, in whole or in part, any 26 uniform system of accounts, or the form and manner of 27 keeping accounts. 28 (8) In the conduct of any hearing authorized to be 29 held by the commission, to appoint, at the Commission's 30 discretion, hearing officers, to examine, or cause to be 31 examined, under oath, any licensee, and to examine or 32 cause to be examined the books and records of such 33 licensee; to hear testimony and take proof material for 34 its information in the discharge of its duties hereunder; HB5000 Engrossed -5- LRB9215827LBpr 1 to administer or cause to be administered oaths;andfor 2 any such purpose to issue subpoena or subpoenas to 3 require the attendance of witnesses and the production of 4 books, which shall be effective in any part of this 5 State, and to adopt rules to implement its powers under 6 this paragraph (8). 7 Any Circuit Court may by order duly entered, require 8 the attendance of witnesses and the production of 9 relevant books subpoenaed by the State commission and the 10 court may compel obedience to its order by proceedings 11 for contempt. 12 (9) To investigate the administration of laws in 13 relation to alcoholic liquors in this and other states 14 and any foreign countries, and to recommend from time to 15 time to the Governor and through him or her to the 16 legislature of this State, such amendments to this Act, 17 if any, as it may think desirable and as will serve to 18 further the general broad purposes contained in Section 19 1-2 hereof. 20 (10) To adopt such rules and regulations consistent 21 with the provisions of this Act which shall be necessary 22 for the control, sale or disposition of alcoholic liquor 23 damaged as a result of an accident, wreck, flood, fire or 24 other similar occurrence. 25 (11) To develop industry educational programs 26 related to responsible serving and selling, particularly 27 in the areas of overserving consumers and illegal 28 underage purchasing and consumption of alcoholic 29 beverages. 30 (11.1) To license persons providing education and 31 training to alcohol beverage sellers and servers under 32 the Beverage Alcohol Sellers and Servers Education and 33 Training (BASSET) programs and to develop and administer 34 a public awareness program in Illinois to reduce or HB5000 Engrossed -6- LRB9215827LBpr 1 eliminate the illegal purchase and consumption of 2 alcoholic beverage products by persons under the age of 3 21. Application for a license shall be made on forms 4 provided by the State Commission. 5 (12) To develop and maintain a repository of 6 license and regulatory information. 7 (13) On or before January 15, 1994, the Commission 8 shall issue a written report to the Governor and General 9 Assembly that is to be based on a comprehensive study of 10 the impact on and implications for the State of Illinois 11 of Section 1926 of the Federal ADAMHA Reorganization Act 12 of 1992 (Public Law 102-321). This study shall address 13 the extent to which Illinois currently complies with the 14 provisions of P.L. 102-321 and the rules promulgated 15 pursuant thereto. 16 As part of its report, the Commission shall provide 17 the following essential information: 18 (i) the number of retail distributors of 19 tobacco products, by type and geographic area, in 20 the State; 21 (ii) the number of reported citations and 22 successful convictions, categorized by type and 23 location of retail distributor, for violation of the 24 Sale of Tobacco to Minors Act and the Smokeless 25 Tobacco Limitation Act; 26 (iii) the extent and nature of organized 27 educational and governmental activities that are 28 intended to promote, encourage or otherwise secure 29 compliance with any Illinois laws that prohibit the 30 sale or distribution of tobacco products to minors; 31 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 HB5000 Engrossed -7- LRB9215827LBpr 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. HB5000 Engrossed -8- LRB9215827LBpr 1 (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; 2 92-378, eff. 8-16-01.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.