Public Act 098-1054
 
HB1463 EnrolledLRB098 07279 MGM 37342 b

    AN ACT concerning liquor.
 
    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 Section 7-5 as follows:
 
    (235 ILCS 5/7-5)  (from Ch. 43, par. 149)
    Sec. 7-5. The local liquor control commissioner may revoke
or suspend any license issued by him if he determines that the
licensee has violated any of the provisions of this Act or of
any valid ordinance or resolution enacted by the particular
city council, president, or board of trustees or county board
(as the case may be) or any applicable rule or regulations
established by the local liquor control commissioner or the
State commission which is not inconsistent with law. Upon
notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the
issuance or renewal of a license, fine a licensee, or suspend
or revoke any license issued by the State Commission if the
licensee or license applicant has violated the provisions of
Section 3 of the Retailers' Occupation Tax Act. In addition to
the suspension, the local liquor control commissioner in any
county or municipality may levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1000 for a first
violation within a 12-month period, $1,500 for a second
violation within a 12-month period, and $2,500 for a third or
subsequent violation within a 12-month period. Each day on
which a violation continues shall constitute a separate
violation. Not more than $15,000 in fines under this Section
may be imposed against any licensee during the period of his
license. Proceeds from such fines shall be paid into the
general corporate fund of the county or municipal treasury, as
the case may be.
    However, no such license shall be so revoked or suspended
and no licensee shall be fined except after a public hearing by
the local liquor control commissioner with a 3 day written
notice to the licensee affording the licensee an opportunity to
appear and defend. All such hearings shall be open to the
public and the local liquor control commissioner shall reduce
all evidence to writing and shall maintain an official record
of the proceedings. If the local liquor control commissioner
has reason to believe that any continued operation of a
particular licensed premises will immediately threaten the
welfare of the community he may, upon the issuance of a written
order stating the reason for such conclusion and without notice
or hearing order the licensed premises closed for not more than
7 days, giving the licensee an opportunity to be heard during
that period, except that if such licensee shall also be engaged
in the conduct of another business or businesses on the
licensed premises such order shall not be applicable to such
other business or businesses.
    The local liquor control commissioner shall within 5 days
after such hearing, if he determines after such hearing that
the license should be revoked or suspended or that the licensee
should be fined, state the reason or reasons for such
determination in a written order, and either the amount of the
fine, the period of suspension, or that the license has been
revoked, and shall serve a copy of such order within the 5 days
upon the licensee.
    If the premises for which the license was issued are
located outside of a city, village or incorporated town having
a population of 500,000 or more inhabitants, the licensee after
the receipt of such order of suspension or revocation shall
have the privilege within a period of 20 days after the receipt
of such order of suspension or revocation of appealing the
order to the State commission for a decision sustaining,
reversing or modifying the order of the local liquor control
commissioner. If the State commission affirms the local
commissioner's order to suspend or revoke the license at the
first hearing, the appellant shall cease to engage in the
business for which the license was issued, until the local
commissioner's order is terminated by its own provisions or
reversed upon rehearing or by the courts.
    If the premises for which the license was issued are
located within a city, village or incorporated town having a
population of 500,000 or more inhabitants, the licensee shall
have the privilege, within a period of 20 days after the
receipt of such order of fine, suspension or revocation, of
appealing the order to the local license appeal commission and
upon the filing of such an appeal by the licensee the license
appeal commission shall determine the appeal upon certified
record of proceedings of the local liquor commissioner in
accordance with the provisions of Section 7-9. Within 30 days
after such appeal was heard the license appeal commission shall
render a decision sustaining or reversing the order of the
local liquor control commissioner.
    If the premises for which a license was issued are located
within a city, village, or incorporated town having a
population of 1,000,000 or more inhabitants and the local
liquor control commissioner has evidence that the following
criminal activity has occurred inside the licensed premises:
the sale of or possession with intent to sell controlled
substances or marijuana, the sale of or possession with intent
to sell firearms, homicide, criminal sexual assault or criminal
sexual abuse, aggravated assault or aggravated battery, then
the local liquor control commissioner may, without notice or
hearing, and upon the issuance of a written order stating that
the continued operation of the licensed premises poses an
immediate threat to the health, safety, or welfare of the
community, order the licensed premises closed for a period of
not more than 30 days, giving the licensee an opportunity to be
heard during that period. Upon receipt of evidence of the
criminal activity by the local liquor control commissioner, the
name of the licensee and the address of the licensed premises
where the criminal activity is alleged to have occurred may be
submitted by the local liquor control commissioner to the State
Commission. If such information is received by the State
Commission, then the State Commission must post that
information in each of its offices in places available for
public inspection not later than the day following the State
Commission's receipt of the information. If the licensee is
granted a continuance during the period of time the licensed
premises is ordered to be closed, the licensed premises shall
remain closed until a judgment is entered. Notwithstanding the
foregoing, the licensed premises will be allowed to remain open
if the criminal activity is timely reported by the licensee, or
its agents, pursuant to local ordinance, and the criminal
activity shall not be used as a basis for suspension under this
Act. A distributor may, in coordination with the local liquor
control commissioner and the local police department, remove
any product from the licensed premises for which the
distributor has not received full payment from the licensee at
the time of the closure of the premises. The distributor shall
provide the local liquor control commissioner with a document
outlining the products for which full payment has not been
received.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014