[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0553
HB1700 Enrolled LRB9103063LDmb
AN ACT to amend the Liquor Control Act of 1934 by
changing Sections 3-12 and 7-6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 3-12 and 7-6 as follows:
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. (a) The State commission shall have the
following powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event retailer
licensees, special use permit licenses, auction liquor
licenses, brew pubs, caterer retailers, non-beverage users,
railroads, including owners and lessees of sleeping, dining
and cafe cars, airplanes, boats, brokers, and wine maker's
retail licensees in accordance with the provisions of this
Act, and to suspend or revoke such licenses upon the State
commission's determination, upon notice after hearing, that a
licensee has violated any provision of this Act or any rule
or regulation issued pursuant thereto and in effect for 30
days prior to such violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to
such violation. The fine imposed under this paragraph may
not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is
a separate violation. The maximum fine that may be levied
against any licensee, for the period of the license, shall
not exceed $20,000. The maximum penalty that may be imposed
on a licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a foreign
object in it, the maximum penalty that may be imposed on the
licensee is the destruction of the bottle of alcoholic liquor
and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to carry
on its functions and duties to the end that the health,
safety and welfare of the People of the State of Illinois
shall be protected and temperance in the consumption of
alcoholic liquors shall be fostered and promoted and to
distribute copies of such rules and regulations to all
licensees affected thereby.
(3) To call upon other administrative departments of the
State, county and municipal governments, county and city
police departments and upon prosecuting officers for such
information and assistance as it deems necessary in the
performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or retailer
without a license or valid license, to notify the local
liquor authority, file a complaint with the State's
Attorney's Office of the county where the incident occurred,
or initiate an investigation with the appropriate law
enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of this
Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations issued
pursuant to this Act. Such complaints shall be in writing,
signed and sworn to by the person making the complaint, and
shall state with specificity the facts in relation to the
alleged violation. If the Commission has reasonable grounds
to believe that the complaint substantially alleges a
violation of this Act or rules and regulations adopted
pursuant to this Act, it shall conduct an investigation. If,
after conducting an investigation, the Commission is
satisfied that the alleged violation did occur, it shall
proceed with disciplinary action against the licensee as
provided in this Act.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall
be held in Springfield or Chicago, at whichever location is
the more convenient for the majority of persons who are
parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more than
4 employees, and for this purpose the commission may classify
all retail licensees having more than 4 employees and
establish a uniform system of accounts for each class and
prescribe the manner in which such accounts shall be kept.
The commission may also prescribe the forms of accounts to be
kept by all retail licensees having more than 4 employees,
including but not limited to accounts of earnings and
expenses and any distribution, payment, or other distribution
of earnings or assets, and any other forms, records and
memoranda which in the judgment of the commission may be
necessary or appropriate to carry out any of the provisions
of this Act, including but not limited to such forms, records
and memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda shall
be available at all reasonable times for inspection by
authorized representatives of the State commission or by any
local liquor control commissioner or his or her authorized
representative. The commission, may, from time to time,
alter, amend or repeal, in whole or in part, any uniform
system of accounts, or the form and manner of keeping
accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to examine, or cause to be examined, under
oath, any licensee, and to examine or cause to be examined
the books and records of such licensee; to hear testimony and
take proof material for its information in the discharge of
its duties hereunder; to administer or cause to be
administered oaths; and for any such purpose to issue
subpoena or subpoenas to require the attendance of witnesses
and the production of books, which shall be effective in any
part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel
obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time to
the Governor and through him or her to the legislature of
this State, such amendments to this Act, if any, as it may
think desirable and as will serve to further the general
broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary for the
control, sale or disposition of alcoholic liquor damaged as a
result of an accident, wreck, flood, fire or other similar
occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and
consumption of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall
issue a written report to the Governor and General Assembly
that is to be based on a comprehensive study of the impact on
and implications for the State of Illinois of Section 1926 of
the Federal ADAMHA Reorganization Act of 1992 (Public Law
102-321). This study shall address the extent to which
Illinois currently complies with the provisions of P.L.
102-321 and the rules promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and location
of retail distributor, for violation of the Sale of
Tobacco to Minors Act and the Smokeless Tobacco
Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are intended
to promote, encourage or otherwise secure compliance with
any Illinois laws that prohibit the sale or distribution
of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the Illinois
State Police and any other executive branch agency, and
private organizations that may have information relevant to
this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of this
amendatory Act of 1998 on the business of soliciting,
selling, and shipping alcoholic liquor from outside of this
State directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax
revenues generated as a result of this amendatory Act of
1998;
(ii) the amount of licensing fees received as a
result of this amendatory Act of 1998;
(iii) the number of reported violations, the number
of cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)
(235 ILCS 5/7-6) (from Ch. 43, par. 150)
Sec. 7-6. All proceedings for the revocation or
suspension of licenses of manufacturers, distributors,
importing distributors, non-resident dealers, foreign
importers, non-beverage users, railroads, airplanes and boats
shall be before the State Commission. All such proceedings
and all proceedings for the revocation or suspension of a
retailer's license before the State commission shall be in
accordance with rules and regulations established by it not
inconsistent with law. However, no such license shall be so
revoked or suspended except after a hearing by the State
commission with reasonable notice to the licensee served by
registered or certified mail with return receipt requested at
least 10 5 days prior to the hearings at the last known place
of business of the licensee and after an opportunity to
appear and defend. Such notice shall specify the time and
place of the hearing, and the nature of the charges, the
specific provisions of the Act and rules violated, and the
specific facts supporting the charges or violation. The
findings of the Commission shall be predicated upon competent
evidence. The revocation of a local license shall
automatically result in the revocation of a State license.
All procedures for the suspension or revocation of a license,
as enumerated above, are applicable to the levying of fines
for violations of this Act or any rule or regulation issued
pursuant thereto.
(Source: P.A. 82-783.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]