Sen. William R. Haine
Filed: 4/27/2004
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1 | AMENDMENT TO HOUSE BILL 6654
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2 | AMENDMENT NO. ______. Amend House Bill 6654, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, on page 26, line 17, by replacing "7-5 and 7-6" with "3-12, | ||||||
5 | 5-1, 6-2, 6-16.1, 7-5, and 7-6"; and
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6 | on page 26, below line 17, by inserting the following:
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7 | "(235 ILCS 5/3-12) (from Ch. 43, par. 108)
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8 | Sec. 3-12. Powers and duties of State Commission.
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9 | (a) The State commission shall have the following powers, | ||||||
10 | functions and
duties:
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11 | (1) To receive applications and to issue licenses to | ||||||
12 | manufacturers,
foreign importers, importing distributors, | ||||||
13 | distributors, non-resident dealers,
on premise consumption | ||||||
14 | retailers, off premise sale retailers, special event
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15 | retailer licensees, special use permit licenses, auction | ||||||
16 | liquor licenses, brew
pubs, caterer retailers, | ||||||
17 | non-beverage users, railroads, including owners and
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18 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
19 | boats, brokers, and wine
maker's premises licensees in | ||||||
20 | accordance with the provisions of this Act, and
to suspend | ||||||
21 | or revoke such licenses upon the State commission's | ||||||
22 | determination,
upon notice after hearing, that a licensee | ||||||
23 | has violated any provision of this
Act or any rule or |
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1 | regulation issued pursuant thereto and in effect for 30 | ||||||
2 | days
prior to such violation. Except in the case of an | ||||||
3 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
4 | or 6-9, any action by the State Commission to
suspend or | ||||||
5 | revoke a licensee's license may be limited to the license | ||||||
6 | for the
specific premises where the violation occurred.
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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
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11 | regulation issued pursuant thereto and in effect for 30 | ||||||
12 | days prior to such
violation. The fine imposed under this | ||||||
13 | paragraph may not exceed $500 for each
violation. Each day | ||||||
14 | that the activity, which gave rise to the original fine,
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15 | continues is a separate violation. The maximum fine that | ||||||
16 | may be levied against
any licensee, for the period of the | ||||||
17 | license, shall not exceed $20,000.
The maximum penalty that | ||||||
18 | may be imposed on a licensee for selling a bottle of
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19 | alcoholic liquor with a foreign object in it or serving | ||||||
20 | from a bottle of
alcoholic liquor with a foreign object in | ||||||
21 | it shall be the destruction of that
bottle of alcoholic | ||||||
22 | liquor for the first 10 bottles so sold or served from by
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23 | the licensee. For the eleventh bottle of alcoholic liquor | ||||||
24 | and for each third
bottle thereafter sold or served from by | ||||||
25 | the licensee with a foreign object in
it, the maximum | ||||||
26 | penalty that may be imposed on the licensee is the | ||||||
27 | destruction
of the bottle of alcoholic liquor and a fine of | ||||||
28 | up to $50.
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29 | (2) To adopt such rules and regulations consistent with | ||||||
30 | the
provisions of this Act which shall be necessary to | ||||||
31 | carry on its
functions and duties to the end that the | ||||||
32 | health, safety and welfare of
the People of the State of | ||||||
33 | Illinois shall be protected and temperance in
the | ||||||
34 | consumption of alcoholic liquors shall be fostered and |
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1 | promoted and
to distribute copies of such rules and | ||||||
2 | regulations to all licensees
affected thereby.
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3 | (3) To call upon other administrative departments of | ||||||
4 | the State,
county and municipal governments, county and | ||||||
5 | city police departments and
upon prosecuting officers for | ||||||
6 | such information and assistance as it
deems necessary in | ||||||
7 | the performance of its duties.
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8 | (4) To recommend to local commissioners rules and | ||||||
9 | regulations, not
inconsistent with the law, for the | ||||||
10 | distribution and sale of alcoholic
liquors throughout the | ||||||
11 | State.
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12 | (5) To inspect, or cause to be inspected, any
premises | ||||||
13 | in this State
where alcoholic liquors are manufactured, | ||||||
14 | distributed, warehoused, or
sold.
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15 | (5.1) Upon receipt of a complaint or upon having | ||||||
16 | knowledge that any person
is engaged in business as a | ||||||
17 | manufacturer, importing distributor, distributor,
or | ||||||
18 | retailer without a license or valid license, to notify the | ||||||
19 | local liquor
authority, file a complaint with the State's | ||||||
20 | Attorney's Office of the county
where the incident | ||||||
21 | occurred, or initiate an investigation with the | ||||||
22 | appropriate
law enforcement officials.
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23 | (5.2) To issue a cease and desist notice to persons | ||||||
24 | shipping alcoholic
liquor
into this State from a point | ||||||
25 | outside of this State if the shipment is in
violation of | ||||||
26 | this Act.
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27 | (5.3) To receive complaints from licensees, local | ||||||
28 | officials, law
enforcement agencies, organizations, and | ||||||
29 | persons stating that any licensee has
been or is violating | ||||||
30 | any provision of this Act or the rules and regulations
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31 | issued pursuant to this Act. Such complaints shall be in | ||||||
32 | writing, signed and
sworn to by the person making the | ||||||
33 | complaint, and shall state with specificity
the facts in | ||||||
34 | relation to the alleged violation. If the Commission has
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1 | reasonable grounds to believe that the complaint | ||||||
2 | substantially alleges a
violation of this Act or rules and | ||||||
3 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
4 | an investigation. If, after conducting an investigation, | ||||||
5 | the
Commission is satisfied that the alleged violation did | ||||||
6 | occur, it shall proceed
with disciplinary action against | ||||||
7 | the licensee as provided in this Act.
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8 | (6) To hear and determine appeals from orders of a | ||||||
9 | local commission
in accordance with the provisions of this | ||||||
10 | Act, as hereinafter set forth.
Hearings under this | ||||||
11 | subsection shall be held in Springfield or Chicago,
at | ||||||
12 | whichever location is the more convenient for the majority | ||||||
13 | of persons
who are parties to the hearing.
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14 | (7) The commission shall establish uniform systems of | ||||||
15 | accounts to be
kept by all retail licensees having more | ||||||
16 | than 4 employees, and for this
purpose the commission may | ||||||
17 | classify all retail licensees having more
than 4 employees | ||||||
18 | and establish a uniform system of accounts for each
class | ||||||
19 | and prescribe the manner in which such accounts shall be | ||||||
20 | kept.
The commission may also prescribe the forms of | ||||||
21 | accounts to be kept by
all retail licensees having more | ||||||
22 | than 4 employees, including but not
limited to accounts of | ||||||
23 | earnings and expenses and any distribution,
payment, or | ||||||
24 | other distribution of earnings or assets, and any other
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25 | forms, records and memoranda which in the judgment of the | ||||||
26 | commission may
be necessary or appropriate to carry out any | ||||||
27 | of the provisions of this
Act, including but not limited to | ||||||
28 | such forms, records and memoranda as
will readily and | ||||||
29 | accurately disclose at all times the beneficial
ownership | ||||||
30 | of such retail licensed business. The accounts, forms,
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31 | records and memoranda shall be available at all reasonable | ||||||
32 | times for
inspection by authorized representatives of the | ||||||
33 | State commission or by
any local liquor control | ||||||
34 | commissioner or his or her authorized representative.
The |
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1 | commission, may, from time to time, alter, amend or repeal, | ||||||
2 | in whole
or in part, any uniform system of accounts, or the | ||||||
3 | form and manner of
keeping accounts.
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4 | (8) In the conduct of any hearing authorized to be held | ||||||
5 | by the
commission, to appoint, at the commission's | ||||||
6 | discretion, hearing officers
to conduct hearings involving | ||||||
7 | complex issues or issues that will require a
protracted | ||||||
8 | period of time to resolve, to examine, or cause to be | ||||||
9 | examined,
under oath, any licensee, and to examine or cause | ||||||
10 | to be examined the books and
records
of such licensee; to | ||||||
11 | hear testimony and take proof material for its
information | ||||||
12 | in the discharge of its duties hereunder; to administer or
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13 | cause to be administered oaths; for any such purpose to | ||||||
14 | issue
subpoena or subpoenas to require the attendance of | ||||||
15 | witnesses and the
production of books, which shall be | ||||||
16 | effective in any part of this State, and
to adopt rules to | ||||||
17 | implement its powers under this paragraph (8).
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18 | Any Circuit Court may by order duly entered,
require | ||||||
19 | the attendance of witnesses and the production of relevant | ||||||
20 | books
subpoenaed by the State commission and the court may | ||||||
21 | compel
obedience to its order by proceedings for contempt.
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22 | (9) To investigate the administration of laws in | ||||||
23 | relation to
alcoholic liquors in this and other states and | ||||||
24 | any foreign countries,
and to recommend from time to time | ||||||
25 | to the Governor and through him or
her to the legislature | ||||||
26 | of this State, such amendments to this Act, if any, as
it | ||||||
27 | may think desirable and as will serve to further the | ||||||
28 | general broad
purposes contained in Section 1-2 hereof.
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29 | (10) To adopt such rules and regulations consistent | ||||||
30 | with the
provisions of this Act which shall be necessary | ||||||
31 | for the control, sale or
disposition of alcoholic liquor | ||||||
32 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
33 | other similar occurrence.
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34 | (11) To develop industry educational programs related |
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1 | to responsible
serving and selling, particularly in the | ||||||
2 | areas of overserving consumers and
illegal underage | ||||||
3 | purchasing and consumption of alcoholic beverages.
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4 | (11.1) To license persons providing education and | ||||||
5 | training to alcohol
beverage sellers and servers under the
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6 | Beverage Alcohol Sellers and Servers
Education and | ||||||
7 | Training (BASSET) programs and to develop and administer a | ||||||
8 | public
awareness program in Illinois to reduce or eliminate | ||||||
9 | the illegal purchase and
consumption of alcoholic beverage | ||||||
10 | products by persons under the age of 21.
Application for a | ||||||
11 | license shall be made on forms provided by the State
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12 | Commission.
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13 | (12) To develop and maintain a repository of license | ||||||
14 | and regulatory
information.
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15 | (13) On or before January 15, 1994, the Commission | ||||||
16 | shall issue
a written report to the Governor and General | ||||||
17 | Assembly that is to be based on a
comprehensive study of | ||||||
18 | the impact on and implications for the State of Illinois
of | ||||||
19 | Section 1926 of the Federal ADAMHA Reorganization Act of | ||||||
20 | 1992 (Public Law
102-321). This study shall address the | ||||||
21 | extent to which Illinois currently
complies with the | ||||||
22 | provisions of P.L. 102-321 and the rules promulgated | ||||||
23 | pursuant
thereto.
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24 | As part of its report, the Commission shall provide the | ||||||
25 | following essential
information:
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26 | (i) the number of retail distributors of tobacco | ||||||
27 | products, by type and
geographic area, in the State;
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28 | (ii) the number of reported citations and | ||||||
29 | successful convictions,
categorized by type and | ||||||
30 | location of retail distributor, for violation of the
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31 | Sale of Tobacco to Minors Act and the Smokeless
Tobacco | ||||||
32 | Limitation Act;
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33 | (iii) the extent and nature of organized | ||||||
34 | educational and governmental
activities that are |
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1 | intended to promote, encourage or otherwise secure
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2 | compliance with any Illinois laws that prohibit the | ||||||
3 | sale or distribution of
tobacco products to minors; and
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4 | (iv) the level of access and availability of | ||||||
5 | tobacco products to
individuals under the age of 18.
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6 | To obtain the data necessary to comply with the provisions | ||||||
7 | of P.L. 102-321
and the requirements of this report, the | ||||||
8 | Commission shall conduct random,
unannounced inspections of a | ||||||
9 | geographically and scientifically representative
sample of the | ||||||
10 | State's retail tobacco distributors.
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11 | The Commission shall consult with the Department of Public | ||||||
12 | Health, the
Department of Human Services, the
Illinois State | ||||||
13 | Police and any
other executive branch agency, and private | ||||||
14 | organizations that may have
information relevant to this | ||||||
15 | report.
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16 | The Commission may contract with the Food and Drug | ||||||
17 | Administration of the
U.S. Department of Health and Human | ||||||
18 | Services to conduct unannounced
investigations of Illinois | ||||||
19 | tobacco vendors to determine compliance with federal
laws | ||||||
20 | relating to the illegal sale of cigarettes and smokeless | ||||||
21 | tobacco products
to persons under the age of 18.
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22 | (b) On or before April 30, 1999, the Commission shall | ||||||
23 | present a written
report to the Governor and the General | ||||||
24 | Assembly that shall be based on a study
of the impact of this | ||||||
25 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
26 | and shipping
alcoholic liquor from outside of this State | ||||||
27 | directly to residents of this
State.
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28 | As part of its report, the Commission shall provide the | ||||||
29 | following
information:
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30 | (i) the amount of State excise and sales tax revenues | ||||||
31 | generated as a
result of this amendatory Act of 1998;
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32 | (ii) the amount of licensing fees received as a result | ||||||
33 | of this amendatory
Act of 1998;
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34 | (iii) the number of reported violations, the number of |
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1 | cease and desist
notices issued by the Commission, the | ||||||
2 | number of notices of violations issued
to the Department of | ||||||
3 | Revenue, and the number of notices and complaints of
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4 | violations to law enforcement officials.
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5 | (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; | ||||||
6 | 92-378, eff.
8-16-01; 92-813, eff. 8-21-02.)
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7 | (235 ILCS 5/5-1) (from Ch. 43, par. 115)
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8 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
9 | Commission
shall be of the following classes:
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10 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
11 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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12 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
13 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
14 | 8.
Limited Wine Manufacturer,
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15 | (b) Distributor's license,
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16 | (c) Importing Distributor's license,
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17 | (d) Retailer's license,
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18 | (e) Special Event Retailer's license (not-for-profit),
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19 | (f) Railroad license,
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20 | (g) Boat license,
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21 | (h) Non-Beverage User's license,
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22 | (i) Wine-maker's premises license,
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23 | (j) Airplane license,
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24 | (k) Foreign importer's license,
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25 | (l) Broker's license,
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26 | (m) Non-resident dealer's
license,
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27 | (n) Brew Pub license,
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28 | (o) Auction liquor license,
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29 | (p) Caterer retailer license,
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30 | (q) Special use permit license.
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31 | No
person, firm, partnership, corporation, or other legal | ||||||
32 | business entity that is
engaged in the manufacturing of wine | ||||||
33 | may concurrently obtain and hold a
wine-maker's license and a |
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1 | wine manufacturer's license.
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2 | (a) A manufacturer's license shall allow the manufacture,
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3 | importation in bulk, storage, distribution and sale of | ||||||
4 | alcoholic liquor
to persons without the State, as may be | ||||||
5 | permitted by law and to licensees
in this State as follows:
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6 | Class 1. A Distiller may make sales and deliveries of | ||||||
7 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
8 | distributors, distributors and
non-beverage users and to no | ||||||
9 | other licensees.
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10 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
11 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
12 | rectifiers, importing distributors,
distributors, retailers | ||||||
13 | and non-beverage users and to no other licensees.
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14 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
15 | importing
distributors, distributors, and to non-licensees, | ||||||
16 | and to
retailers provided the brewer obtains an importing | ||||||
17 | distributor's license or
distributor's license in accordance | ||||||
18 | with the provisions of this Act.
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19 | Class 4. A first class wine-manufacturer may make sales and | ||||||
20 | deliveries of
up to 50,000 gallons of wine to manufacturers,
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21 | importing
distributors and distributors, and to no other | ||||||
22 | licensees.
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23 | Class 5. A second class Wine manufacturer may make sales | ||||||
24 | and deliveries
of more than 50,000 gallons of wine to | ||||||
25 | manufacturers, importing distributors
and distributors and to | ||||||
26 | no other licensees.
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27 | Class 6. A first-class wine-maker's license shall allow the | ||||||
28 | manufacture
of up to 50,000 gallons of wine per year, and the
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29 | storage
and sale of such
wine to distributors in the State and | ||||||
30 | to persons without the
State, as may be permitted by law. A | ||||||
31 | first-class wine-maker's license shall
allow the sale of no | ||||||
32 | more than 5,000
gallons of the licensee's wine to retailers. | ||||||
33 | The State Commission shall issue
only one first-class | ||||||
34 | wine-maker's license to any person, firm, partnership,
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1 | corporation, or other legal business entity that is engaged in | ||||||
2 | the making of
less than 50,000 gallons of wine annually that | ||||||
3 | applies for a first-class
wine-maker's license. No subsidiary | ||||||
4 | or affiliate thereof, nor any officer,
associate, member, | ||||||
5 | partner, representative, employee, agent, or shareholder may
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6 | be issued an additional wine-maker's license by the State | ||||||
7 | Commission.
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8 | Class 7. A second-class wine-maker's license shall allow | ||||||
9 | the manufacture
of between 50,000 and 100,000 gallons of wine | ||||||
10 | per year, and
the
storage and sale of such wine
to distributors | ||||||
11 | in this State and to persons without the State, as may be
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12 | permitted by law. A second-class wine-maker's license shall | ||||||
13 | allow the sale
of
no more than 10,000 gallons of the licensee's | ||||||
14 | wine directly to retailers.
The State Commission shall issue | ||||||
15 | only one second-class wine-maker's license
to any person, firm, | ||||||
16 | partnership, corporation, or other legal business entity
that | ||||||
17 | is engaged in the making of less than 100,000 gallons of wine | ||||||
18 | annually
that applies for a second-class wine-maker's license. | ||||||
19 | No subsidiary or
affiliate thereof, or any officer, associate, | ||||||
20 | member, partner, representative,
employee, agent, or | ||||||
21 | shareholder may be issued an additional wine-maker's
license by | ||||||
22 | the State Commission.
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23 | Class 8. A limited wine-manufacturer may make sales and | ||||||
24 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
25 | distributors, and to
non-licensees in accordance with the | ||||||
26 | provisions of this Act.
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27 | (a-1) A manufacturer which is licensed in this State to | ||||||
28 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
29 | agents, representatives, or
individuals acting on its behalf | ||||||
30 | who contact licensed retailers on a regular
and continual basis | ||||||
31 | in this State must register those agents, representatives,
or | ||||||
32 | persons acting on its behalf with the State Commission.
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33 | Registration of agents, representatives, or persons acting | ||||||
34 | on behalf of a
manufacturer is fulfilled by submitting a form |
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1 | to the Commission. The form
shall be developed by the | ||||||
2 | Commission and shall include the name and address of
the | ||||||
3 | applicant, the name and address of the manufacturer he or she | ||||||
4 | represents,
the territory or areas assigned to sell to or | ||||||
5 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
6 | questions deemed appropriate and necessary.
All statements in | ||||||
7 | the forms required to be made by law or by rule shall be
deemed | ||||||
8 | material, and any person who knowingly misstates any material | ||||||
9 | fact under
oath in an application is guilty of a Class B | ||||||
10 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
11 | misleading statements, evasions, or
suppression of material | ||||||
12 | facts in the securing of a registration are grounds for
| ||||||
13 | suspension or revocation of the registration.
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14 | (b) A distributor's license shall allow the wholesale | ||||||
15 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
16 | liquors to licensees
in this State and to persons without the | ||||||
17 | State, as may be permitted by law.
| ||||||
18 | (c) An importing distributor's license may be issued to and | ||||||
19 | held by
those only who are duly licensed distributors, upon the | ||||||
20 | filing of an
application by a duly licensed distributor, with | ||||||
21 | the Commission and
the Commission shall, without the
payment of | ||||||
22 | any fee, immediately issue such importing distributor's
| ||||||
23 | license to the applicant, which shall allow the importation of | ||||||
24 | alcoholic
liquor by the licensee into this State from any point | ||||||
25 | in the United
States outside this State, and the purchase of | ||||||
26 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
27 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
28 | but all bottles or containers
so filled shall be sealed, | ||||||
29 | labeled, stamped and otherwise made to comply
with all | ||||||
30 | provisions, rules and regulations governing manufacturers in
| ||||||
31 | the preparation and bottling of alcoholic liquors. The | ||||||
32 | importing
distributor's license shall permit such licensee to | ||||||
33 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
34 | dealers and foreign importers only.
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1 | (d) A retailer's license shall allow the licensee to sell | ||||||
2 | and offer
for sale at retail, only in the premises specified in | ||||||
3 | such license,
alcoholic liquor for use or consumption, but not | ||||||
4 | for resale in any form:
Provided that any retail license issued | ||||||
5 | to a manufacturer shall only
permit such manufacturer to sell | ||||||
6 | beer at retail on the premises actually
occupied by such | ||||||
7 | manufacturer.
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8 | After January 1, 1995 there shall be 2 classes of licenses | ||||||
9 | issued under a
retailers license.
| ||||||
10 | (1) A "retailers on premise consumption license" shall | ||||||
11 | allow the licensee
to sell and offer for sale at retail, | ||||||
12 | only on the premises specified in the
license, alcoholic | ||||||
13 | liquor for use or consumption on the premises or on and off
| ||||||
14 | the premises, but not for resale in any form.
| ||||||
15 | (2) An "off premise sale license" shall allow the | ||||||
16 | licensee to sell, or
offer for sale at retail, alcoholic | ||||||
17 | liquor intended only for off premise
consumption and not | ||||||
18 | for resale in any form.
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19 | Notwithstanding any other provision of this subsection | ||||||
20 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
21 | event retailer licensee for
resale to the extent permitted | ||||||
22 | under subsection (e).
| ||||||
23 | (e) A special event retailer's license (not-for-profit) | ||||||
24 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
25 | Illinois licensed distributor
(unless the licensee purchases | ||||||
26 | less than $500 of alcoholic liquors for the
special event, in | ||||||
27 | which case the licensee may purchase the alcoholic liquors
from | ||||||
28 | a licensed retailer) and shall allow the licensee to sell and | ||||||
29 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
30 | consumption, but not for resale
in any form and only at the | ||||||
31 | location and on the specific dates designated for
the special | ||||||
32 | event in the license. An applicant for a special event retailer
| ||||||
33 | license must
(i) furnish with the application: (A) a resale | ||||||
34 | number issued under Section
2c of the Retailers' Occupation Tax |
| |||||||
| |||||||
1 | Act or evidence that the applicant is
registered under Section | ||||||
2 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
3 | exemption identification
number issued under Section 1g of the | ||||||
4 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
5 | Commission that the purchase of alcoholic liquors will be
a | ||||||
6 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
7 | not registered
under Section 2a of the Retailers' Occupation | ||||||
8 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
9 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
10 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
11 | in which event the Commission shall set forth on the special | ||||||
12 | event
retailer's license a statement to that effect; (ii) | ||||||
13 | submit with the application proof satisfactory to
the State | ||||||
14 | Commission that the applicant will provide dram shop liability
| ||||||
15 | insurance in the maximum limits; and (iii) show proof | ||||||
16 | satisfactory to the
State Commission that the applicant has | ||||||
17 | obtained local authority
approval.
| ||||||
18 | (f) A railroad license shall permit the licensee to import | ||||||
19 | alcoholic
liquors into this State from any point in the United | ||||||
20 | States outside this
State and to store such alcoholic liquors | ||||||
21 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
22 | directly from manufacturers, foreign
importers, distributors | ||||||
23 | and importing distributors from within or outside
this State; | ||||||
24 | and to store such alcoholic liquors in this State; provided
| ||||||
25 | that the above powers may be exercised only in connection with | ||||||
26 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
27 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
28 | operated on an electric,
gas or steam railway in this State; | ||||||
29 | and provided further, that railroad
licensees exercising the | ||||||
30 | above powers shall be subject to all provisions of
Article VIII | ||||||
31 | of this Act as applied to importing distributors. A railroad
| ||||||
32 | license shall also permit the licensee to sell or dispense | ||||||
33 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
34 | operated on an electric,
gas or steam railway regularly |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | operated by a common carrier in this State,
but shall not | |||||||||||||||||||||
2 | permit the sale for resale of any alcoholic liquors to any
| |||||||||||||||||||||
3 | licensee within this State. A license shall be obtained for | |||||||||||||||||||||
4 | each car in which
such sales are made.
| |||||||||||||||||||||
5 | (g) A boat license shall allow the sale of alcoholic liquor | |||||||||||||||||||||
6 | in
individual drinks, on any passenger boat regularly operated | |||||||||||||||||||||
7 | as a common
carrier on navigable waters in this State or on any | |||||||||||||||||||||
8 | riverboat operated
under
the Riverboat Gambling Act, which boat | |||||||||||||||||||||
9 | or riverboat maintains a public
dining room or restaurant | |||||||||||||||||||||
10 | thereon.
| |||||||||||||||||||||
11 | (h) A non-beverage user's license shall allow the licensee | |||||||||||||||||||||
12 | to
purchase alcoholic liquor from a licensed manufacturer or | |||||||||||||||||||||
13 | importing
distributor, without the imposition of any tax upon | |||||||||||||||||||||
14 | the business of such
licensed manufacturer or importing | |||||||||||||||||||||
15 | distributor as to such alcoholic
liquor to be used by such | |||||||||||||||||||||
16 | licensee solely for the non-beverage purposes
set forth in | |||||||||||||||||||||
17 | subsection (a) of Section 8-1 of this Act, and
such licenses | |||||||||||||||||||||
18 | shall be divided and classified and shall permit the
purchase, | |||||||||||||||||||||
19 | possession and use of limited and stated quantities of
| |||||||||||||||||||||
20 | alcoholic liquor as follows:
| |||||||||||||||||||||
| ||||||||||||||||||||||
26 | (i) A wine-maker's premises license shall allow a
licensee | |||||||||||||||||||||
27 | that concurrently holds a first-class wine-maker's license to | |||||||||||||||||||||
28 | sell
and offer for sale at retail in the premises specified in | |||||||||||||||||||||
29 | such license
not more than 50,000 gallons of the first-class | |||||||||||||||||||||
30 | wine-maker's wine that is
made at the first-class wine-maker's | |||||||||||||||||||||
31 | licensed premises per year for use or
consumption, but not for | |||||||||||||||||||||
32 | resale in any form. A wine-maker's premises
license shall allow | |||||||||||||||||||||
33 | a licensee who concurrently holds a second-class
wine-maker's | |||||||||||||||||||||
34 | license to sell and offer for sale at retail in the premises
|
| |||||||
| |||||||
1 | specified in such license up to 100,000 gallons of the
| ||||||
2 | second-class wine-maker's wine that is made at the second-class | ||||||
3 | wine-maker's
licensed premises per year
for use or consumption | ||||||
4 | but not for resale in any form. A wine-maker's premises license | ||||||
5 | shall allow a
licensee that concurrently holds a first-class | ||||||
6 | wine-maker's license or a second-class
wine-maker's license to | ||||||
7 | sell
and offer for sale at retail at the premises specified in | ||||||
8 | the wine-maker's premises license, for use or consumption but | ||||||
9 | not for resale in any form, any beer, wine, and spirits | ||||||
10 | purchased from a licensed distributor. Upon approval from the
| ||||||
11 | State Commission, a wine-maker's premises license
shall allow | ||||||
12 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
13 | licensed premises and (ii) at up to 2 additional locations for | ||||||
14 | use and
consumption and not for resale. Each location shall | ||||||
15 | require additional
licensing per location as specified in | ||||||
16 | Section 5-3 of this Act.
| ||||||
17 | (j) An airplane license shall permit the licensee to import
| ||||||
18 | alcoholic liquors into this State from any point in the United | ||||||
19 | States
outside this State and to store such alcoholic liquors | ||||||
20 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
21 | directly from
manufacturers, foreign importers, distributors | ||||||
22 | and importing
distributors from within or outside this State; | ||||||
23 | and to store such
alcoholic liquors in this State; provided | ||||||
24 | that the above powers may be
exercised only in connection with | ||||||
25 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
26 | sold or dispensed on an airplane; and
provided further, that | ||||||
27 | airplane licensees exercising the above powers
shall be subject | ||||||
28 | to all provisions of Article VIII of this Act as
applied to | ||||||
29 | importing distributors. An airplane licensee shall also
permit | ||||||
30 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
31 | airplane regularly operated by a common carrier in this State, | ||||||
32 | but shall
not permit the sale for resale of any alcoholic | ||||||
33 | liquors to any licensee
within this State. A single airplane | ||||||
34 | license shall be required of an
airline company if liquor |
| |||||||
| |||||||
1 | service is provided on board aircraft in this
State. The annual | ||||||
2 | fee for such license shall be as determined in
Section 5-3.
| ||||||
3 | (k) A foreign importer's license shall permit such licensee | ||||||
4 | to purchase
alcoholic liquor from Illinois licensed | ||||||
5 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
6 | than in bulk from any point outside the
United States and to | ||||||
7 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
8 | distributors and to no one else in Illinois;
provided that the | ||||||
9 | foreign importer registers with the State Commission
every
| ||||||
10 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
11 | licensees during the
license period and
provided further that | ||||||
12 | the foreign importer complies with all of the provisions
of | ||||||
13 | Section
6-9 of this Act with respect to registration of such | ||||||
14 | Illinois licensees as may
be granted the
right to sell such | ||||||
15 | brands at wholesale.
| ||||||
16 | (l) (i) A broker's license shall be required of all persons
| ||||||
17 | who solicit
orders for, offer to sell or offer to supply | ||||||
18 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
19 | offer to retailers to ship or
cause to be shipped or to make | ||||||
20 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
21 | or any other party within or without the State
of Illinois in | ||||||
22 | order that alcoholic liquors be shipped to a distributor,
| ||||||
23 | importing distributor or foreign importer, whether such | ||||||
24 | solicitation or
offer is consummated within or without the | ||||||
25 | State of Illinois.
| ||||||
26 | No holder of a retailer's license issued by the Illinois | ||||||
27 | Liquor
Control Commission shall purchase or receive any | ||||||
28 | alcoholic liquor, the
order for which was solicited or offered | ||||||
29 | for sale to such retailer by a
broker unless the broker is the | ||||||
30 | holder of a valid broker's license.
| ||||||
31 | The broker shall, upon the acceptance by a retailer of the | ||||||
32 | broker's
solicitation of an order or offer to sell or supply or | ||||||
33 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
34 | to the Illinois Liquor
Control Commission a notification of |
| |||||||
| |||||||
1 | said transaction in such form as
the Commission may by | ||||||
2 | regulations prescribe.
| ||||||
3 | (ii) A broker's license shall be required of
a person | ||||||
4 | within this State, other than a retail licensee,
who, for a fee | ||||||
5 | or commission, promotes, solicits, or accepts orders for
| ||||||
6 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
7 | be shipped from this State and delivered to residents outside | ||||||
8 | of
this State by an express company, common carrier, or | ||||||
9 | contract carrier.
This Section does not apply to any person who | ||||||
10 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
11 | authorized in Section 6-29 of this Act.
| ||||||
12 | A broker's license under this subsection (1) shall not | ||||||
13 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
14 | own account or to take or deliver title to
such alcoholic | ||||||
15 | liquors.
| ||||||
16 | This subsection (1) shall not apply to distributors, | ||||||
17 | employees of
distributors, or employees of a manufacturer who | ||||||
18 | has registered the
trademark, brand or name of the alcoholic | ||||||
19 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
20 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
21 | its registrants thereunder.
| ||||||
22 | Any agent, representative, or person subject to | ||||||
23 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
24 | not be eligible to receive a broker's
license.
| ||||||
25 | (m) A non-resident dealer's license shall permit such | ||||||
26 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
27 | State from any point
outside of this State, and to sell such | ||||||
28 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
29 | importing distributors and to no one else in this State;
| ||||||
30 | provided that said non-resident dealer shall register with the | ||||||
31 | Illinois Liquor
Control Commission each and every brand of | ||||||
32 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
33 | licensees during the license period; and further provided
that | ||||||
34 | it shall comply with all of the provisions of Section 6-9 |
| |||||||
| |||||||
1 | hereof with
respect to registration of such Illinois licensees | ||||||
2 | as may be granted the right
to sell such brands at wholesale.
| ||||||
3 | (n) A brew pub license shall allow the licensee to | ||||||
4 | manufacture beer only
on the premises specified in the license, | ||||||
5 | to make sales of the
beer manufactured on the premises to | ||||||
6 | importing distributors, distributors,
and to non-licensees for | ||||||
7 | use and consumption, to store the beer upon
the premises, and | ||||||
8 | to sell and offer for sale at retail from the licensed
| ||||||
9 | premises, provided that a brew pub licensee shall not sell for | ||||||
10 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
11 | (o) A caterer retailer license shall allow the holder
to | ||||||
12 | serve alcoholic liquors as an incidental part of a food service | ||||||
13 | that serves
prepared meals which excludes the serving of snacks | ||||||
14 | as
the primary meal, either on or off-site whether licensed or | ||||||
15 | unlicensed.
| ||||||
16 | (p) An auction liquor license shall allow the licensee to | ||||||
17 | sell and offer
for sale at auction wine and spirits for use or | ||||||
18 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
19 | accordance with provisions of this Act. An
auction liquor | ||||||
20 | license will be issued to a person and it will permit the
| ||||||
21 | auction liquor licensee to hold the auction anywhere in the | ||||||
22 | State. An auction
liquor license must be obtained for each | ||||||
23 | auction at least 14 days in advance of
the auction date.
| ||||||
24 | (q) A special use permit license shall allow an Illinois | ||||||
25 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
26 | inventory from its
retail licensed premises to the premises | ||||||
27 | specified in the license hereby
created, and to sell or offer | ||||||
28 | for sale at retail, only in the premises
specified in the | ||||||
29 | license hereby created, the transferred alcoholic liquor for
| ||||||
30 | use or consumption, but not for resale in any form. A special | ||||||
31 | use permit
license may be granted for the following time | ||||||
32 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
33 | per location in any 12 month period. An
applicant for the | ||||||
34 | special use permit license must also submit with the
|
| |||||||
| |||||||
1 | application proof satisfactory to the State Commission that the | ||||||
2 | applicant will
provide dram shop liability insurance to the | ||||||
3 | maximum limits and have local
authority approval.
| ||||||
4 | (Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02; | ||||||
5 | 92-378, eff.
8-16-01; 92-651, eff. 7-11-02; 92-672, eff. | ||||||
6 | 7-16-02.)
| ||||||
7 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
8 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
9 | prohibited.
| ||||||
10 | (a) Except as otherwise provided in subsection (b) of this | ||||||
11 | Section and in paragraph (1) of subsection (a) of Section 3-12 , | ||||||
12 | no license
of any kind issued by the State Commission or any | ||||||
13 | local
commission shall be issued to:
| ||||||
14 | (1) A person who is not a resident of any city, village | ||||||
15 | or county in
which the premises covered by the license are | ||||||
16 | located; except in case of
railroad or boat licenses.
| ||||||
17 | (2) A person who is not of good character and | ||||||
18 | reputation in the
community in which he resides.
| ||||||
19 | (3) A person who is not a citizen of the United States.
| ||||||
20 | (4) A person who has been convicted of a felony under | ||||||
21 | any Federal or
State law, unless the Commission determines | ||||||
22 | that such
person has been sufficiently rehabilitated to | ||||||
23 | warrant the public trust
after considering matters set | ||||||
24 | forth in such person's application and the
Commission's | ||||||
25 | investigation. The burden of proof of sufficient
| ||||||
26 | rehabilitation shall be on the applicant.
| ||||||
27 | (5) A person who has been convicted of being the keeper | ||||||
28 | or is keeping a
house of ill fame.
| ||||||
29 | (6) A person who has been convicted of pandering or | ||||||
30 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
31 | (7) A person whose license issued under this Act has | ||||||
32 | been revoked for
cause.
| ||||||
33 | (8) A person who at the time of application for renewal |
| |||||||
| |||||||
1 | of any license
issued hereunder would not be eligible for | ||||||
2 | such license upon a first
application.
| ||||||
3 | (9) A copartnership, if any general partnership | ||||||
4 | thereof, or any
limited partnership thereof, owning more | ||||||
5 | than 5% of the aggregate limited
partner interest in such | ||||||
6 | copartnership would not be eligible to receive a
license | ||||||
7 | hereunder for any reason other than residence within the | ||||||
8 | political
subdivision, unless residency is required by | ||||||
9 | local ordinance.
| ||||||
10 | (10) A corporation, if any officer, manager or director | ||||||
11 | thereof, or
any stockholder or stockholders owning in the | ||||||
12 | aggregate more than 5% of the
stock of such corporation, | ||||||
13 | would not be eligible to receive a license
hereunder for | ||||||
14 | any reason other than citizenship and residence within the
| ||||||
15 | political subdivision.
| ||||||
16 | (10a) A corporation unless it is incorporated in | ||||||
17 | Illinois, or unless it
is a foreign corporation which is | ||||||
18 | qualified under the Business
Corporation Act of 1983 to | ||||||
19 | transact business in Illinois.
| ||||||
20 | (11) A person whose place of business is conducted by a | ||||||
21 | manager or agent
unless the manager or agent possesses the | ||||||
22 | same qualifications required by
the licensee.
| ||||||
23 | (12) A person who has been convicted of a violation of | ||||||
24 | any Federal or
State law concerning the manufacture, | ||||||
25 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
26 | passage of this Act or has forfeited his bond to
appear in | ||||||
27 | court to answer charges for any such violation.
| ||||||
28 | (13) A person who does not beneficially own the | ||||||
29 | premises for which a
license is sought, or does not have a | ||||||
30 | lease thereon for the full period for
which the license is | ||||||
31 | to be issued.
| ||||||
32 | (14) Any law enforcing public official, including | ||||||
33 | members
of local liquor control commissions,
any mayor, | ||||||
34 | alderman, or member of the
city council or commission, any |
| |||||||
| |||||||
1 | president of the village board of trustees,
any member of a | ||||||
2 | village board of trustees, or any president or member of a
| ||||||
3 | county board; and no such official shall be interested | ||||||
4 | directly in the
manufacture, sale, or distribution of | ||||||
5 | alcoholic liquor, except that a
license
may be granted to | ||||||
6 | such official in relation to premises that are
not
located | ||||||
7 | within the territory subject to the jurisdiction of that | ||||||
8 | official
if the issuance of such license is approved by the | ||||||
9 | State Liquor Control
Commission
and except that a license | ||||||
10 | may be granted, in a city or village with a
population of | ||||||
11 | 50,000 or less, to any alderman, member of a city council, | ||||||
12 | or
member of a village board of trustees in relation to | ||||||
13 | premises that are located
within the territory
subject to | ||||||
14 | the jurisdiction of that official if (i) the sale of | ||||||
15 | alcoholic
liquor pursuant to the license is incidental to | ||||||
16 | the selling of food, (ii) the
issuance of the license is | ||||||
17 | approved by the State Commission, (iii) the
issuance of the | ||||||
18 | license is in accordance with all applicable local | ||||||
19 | ordinances
in effect where the premises are located, and | ||||||
20 | (iv) the official granted a
license does not vote on | ||||||
21 | alcoholic liquor issues pending before the board or
council | ||||||
22 | to which the license holder is elected.
| ||||||
23 | (15) A person who is not a beneficial owner of the | ||||||
24 | business to be
operated by the licensee.
| ||||||
25 | (16) A person who has been convicted of a gambling | ||||||
26 | offense as
proscribed by any of subsections (a) (3) through | ||||||
27 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
28 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
29 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
30 | statutory provisions.
| ||||||
31 | (17) A person or entity to whom a federal wagering | ||||||
32 | stamp has been
issued by the
federal government, unless the | ||||||
33 | person or entity is eligible to be issued a
license under | ||||||
34 | the Raffles Act or the Illinois Pull Tabs and Jar Games |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (18) A person who intends to sell alcoholic liquors for | ||||||
3 | use or
consumption on his or her licensed retail premises | ||||||
4 | who does not have liquor
liability insurance coverage for | ||||||
5 | that premises in an amount that is at least
equal to the | ||||||
6 | maximum liability amounts set out in subsection (a) of | ||||||
7 | Section
6-21.
| ||||||
8 | (b) A criminal conviction of a corporation is not grounds | ||||||
9 | for the
denial, suspension, or revocation of a license applied | ||||||
10 | for or held by the
corporation if the criminal conviction was | ||||||
11 | not the result of a violation of any
federal or State law | ||||||
12 | concerning the manufacture, possession or sale of
alcoholic | ||||||
13 | liquor, the offense that led to the conviction did not result | ||||||
14 | in any
financial gain to the corporation and the corporation | ||||||
15 | has terminated its
relationship with each director, officer, | ||||||
16 | employee, or controlling shareholder
whose actions directly | ||||||
17 | contributed to the conviction of the corporation. The
| ||||||
18 | Commission shall determine if all provisions of this subsection | ||||||
19 | (b) have been
met before any action on the corporation's | ||||||
20 | license is initiated.
| ||||||
21 | (Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04.)
| ||||||
22 | (235 ILCS 5/6-16.1)
| ||||||
23 | Sec. 6-16.1. Enforcement actions.
| ||||||
24 | (a) A licensee or an officer, associate,
member, | ||||||
25 | representative, agent, or employee of a licensee may sell, | ||||||
26 | give, or
deliver alcoholic liquor to a person under the age of | ||||||
27 | 21 years or authorize the
sale, gift, or delivery of alcoholic | ||||||
28 | liquor to a person under the age of 21
years pursuant to a plan | ||||||
29 | or action to investigate, patrol, or otherwise conduct
a "sting | ||||||
30 | operation" or enforcement action against a person employed by | ||||||
31 | the
licensee or on any licensed premises if the licensee or | ||||||
32 | officer, associate,
member, representative, agent, or employee | ||||||
33 | of the licensee provides written
notice, at least 14 days |
| |||||||
| |||||||
1 | before the "sting operation" or enforcement action,
unless | ||||||
2 | governing body of the municipality or county having | ||||||
3 | jurisdiction sets a
shorter period by ordinance, to the law | ||||||
4 | enforcement agency having jurisdiction,
the local liquor | ||||||
5 | control commissioner, or both. Notice provided under this
| ||||||
6 | Section shall be valid for a "sting operation" or enforcement | ||||||
7 | action conducted
within 60 days of the provision of that | ||||||
8 | notice, unless the governing body of
the municipality or county | ||||||
9 | having jurisdiction sets a shorter period by
ordinance.
| ||||||
10 | (b) A local liquor control commission or unit of local | ||||||
11 | government that
conducts alcohol and tobacco compliance | ||||||
12 | operations shall establish a policy and
standards for alcohol | ||||||
13 | and tobacco compliance operations to investigate whether
a | ||||||
14 | licensee is furnishing (1) alcoholic liquor to persons under 21 | ||||||
15 | years of age
in violation of this Act or (2) tobacco to persons | ||||||
16 | in violation of the Sale of
Tobacco to Minors Act.
| ||||||
17 | (c) The Illinois Law Enforcement Training Standards Board | ||||||
18 | shall
develop a model policy and guidelines for the operation | ||||||
19 | of alcohol and tobacco
compliance checks by local law | ||||||
20 | enforcement officers. The Illinois Law
Enforcement Training | ||||||
21 | Standards Board shall also require the supervising
officers of | ||||||
22 | such compliance checks to have met a minimum training standard | ||||||
23 | as
determined by the Board. The Board shall have the right to | ||||||
24 | waive any training
based on current written policies and | ||||||
25 | procedures for alcohol and tobacco
compliance check operations | ||||||
26 | and in-service training already administered by
the local law | ||||||
27 | enforcement agency, department, or office.
| ||||||
28 | (d) The provisions of subsections (b) and (c) do not apply | ||||||
29 | to a home rule
unit with more than 2,000,000 inhabitants.
| ||||||
30 | (e) A home rule unit, other than a home rule unit with more | ||||||
31 | than 2,000,000
inhabitants, may not regulate enforcement | ||||||
32 | actions in a manner inconsistent with
the regulation of | ||||||
33 | enforcement actions under this Section. This subsection (e)
is | ||||||
34 | a limitation under subsection (i) of Section 6 of Article VII |
| |||||||
| |||||||
1 | of the
Illinois Constitution on the concurrent exercise by home | ||||||
2 | rule units
of powers and functions
exercised by the State.
| ||||||
3 | (f) A licensee who is the subject of an enforcement action | ||||||
4 | or "sting
operation" under this Section and is found, pursuant | ||||||
5 | to the enforcement action,
to be in compliance with this Act | ||||||
6 | shall be notified by the enforcement agency action that no | ||||||
7 | violation was found within 30 days after the finding.
| ||||||
8 | (Source: P.A. 92-503, eff. 1-1-02.)".
|