093_SB0218eng

 
SB218 Engrossed                      LRB093 06404 LRD 06526 b

 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   issue   a   warning   based  upon  the
28        administrative procedures adopted by  the  Commission  or
29        may   impose   a   fine,   upon  the  State  commission's
30        determination and notice after hearing, that  a  licensee
31        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.  The fine imposed under
 3        this paragraph may not exceed $500  for  each  violation.
 4        Each  day  that  the  activity,  which  gave  rise to the
 5        original fine, continues is a  separate  violation.   The
 6        maximum fine that may be levied against any licensee, for
 7        the  period of the license, shall not exceed $20,000. The
 8        maximum penalty that may be imposed  on  a  licensee  for
 9        selling  a  bottle  of  alcoholic  liquor  with a foreign
10        object in it or serving from a bottle of alcoholic liquor
11        with a foreign object in it shall be the  destruction  of
12        that  bottle of alcoholic liquor for the first 10 bottles
13        so sold or served from by the licensee.  For the eleventh
14        bottle of alcoholic liquor  and  for  each  third  bottle
15        thereafter  sold  or  served  from by the licensee with a
16        foreign object in it, the maximum  penalty  that  may  be
17        imposed  on the licensee is the destruction of the bottle
18        of alcoholic liquor and a fine of up to $50.
19             (2)  To adopt such rules and regulations  consistent
20        with  the provisions of this Act which shall be necessary
21        to carry on its functions and duties to the end that  the
22        health,  safety and welfare of the People of the State of
23        Illinois  shall  be  protected  and  temperance  in   the
24        consumption  of  alcoholic  liquors shall be fostered and
25        promoted and to  distribute  copies  of  such  rules  and
26        regulations to all licensees affected thereby.
27             (3)  To  call  upon other administrative departments
28        of the State, county and  municipal  governments,  county
29        and city police departments and upon prosecuting officers
30        for such information and assistance as it deems necessary
31        in the performance of its duties.
32             (4)  To  recommend  to local commissioners rules and
33        regulations, not  inconsistent  with  the  law,  for  the
34        distribution and sale of alcoholic liquors throughout the
 
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 1        State.
 2             (5)  To  inspect,  or  cause  to  be  inspected, any
 3        premises  in  this  State  where  alcoholic  liquors  are
 4        manufactured, distributed, warehoused, or sold.
 5             (5.1)  Upon receipt of a complaint  or  upon  having
 6        knowledge  that  any  person  is engaged in business as a
 7        manufacturer,  importing  distributor,  distributor,   or
 8        retailer  without  a  license or valid license, to notify
 9        the local liquor authority, file  a  complaint  with  the
10        State's   Attorney's  Office  of  the  county  where  the
11        incident occurred, or initiate an investigation with  the
12        appropriate law enforcement officials.
13             (5.2)  To issue a cease and desist notice to persons
14        shipping  alcoholic  liquor  into this State from a point
15        outside of this State if the shipment is in violation  of
16        this Act.
17             (5.3)  To  receive  complaints from licensees, local
18        officials, law enforcement agencies,  organizations,  and
19        persons   stating  that  any  licensee  has  been  or  is
20        violating any provision of this  Act  or  the  rules  and
21        regulations issued pursuant to this Act.  Such complaints
22        shall  be  in  writing, signed and sworn to by the person
23        making the complaint, and shall  state  with  specificity
24        the  facts  in relation to the alleged violation.  If the
25        Commission has reasonable grounds  to  believe  that  the
26        complaint  substantially  alleges a violation of this Act
27        or rules and regulations adopted pursuant to this Act, it
28        shall conduct an investigation.  If, after conducting  an
29        investigation,  the  Commission  is  satisfied  that  the
30        alleged  violation  did  occur,  it  shall  proceed  with
31        disciplinary  action  against the licensee as provided in
32        this Act.
33             (6)  To hear and determine appeals from orders of  a
34        local  commission  in  accordance  with the provisions of
 
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 1        this Act, as hereinafter set forth. Hearings  under  this
 2        subsection  shall  be  held in Springfield or Chicago, at
 3        whichever  location  is  the  more  convenient  for   the
 4        majority of persons who are parties to the hearing.
 5             (7)  The  commission shall establish uniform systems
 6        of accounts to be kept by  all  retail  licensees  having
 7        more   than   4  employees,  and  for  this  purpose  the
 8        commission may classify all retail licensees having  more
 9        than  4  employees  and  establish  a  uniform  system of
10        accounts for each class and prescribe the manner in which
11        such accounts shall be  kept.  The  commission  may  also
12        prescribe  the forms of accounts to be kept by all retail
13        licensees having more than 4 employees, including but not
14        limited to accounts of  earnings  and  expenses  and  any
15        distribution,  payment, or other distribution of earnings
16        or assets, and any other  forms,  records  and  memoranda
17        which  in the judgment of the commission may be necessary
18        or appropriate to carry out any of the provisions of this
19        Act, including but not limited to such forms, records and
20        memoranda as will readily and accurately disclose at  all
21        times  the  beneficial  ownership of such retail licensed
22        business.  The accounts,  forms,  records  and  memoranda
23        shall be available at all reasonable times for inspection
24        by  authorized representatives of the State commission or
25        by any local liquor control commissioner or  his  or  her
26        authorized representative. The commission, may, from time
27        to time, alter, amend or repeal, in whole or in part, any
28        uniform  system  of  accounts,  or the form and manner of
29        keeping accounts.
30             (8)  In the conduct of any hearing authorized to  be
31        held  by  the commission, to appoint, at the commission's
32        discretion,  hearing   officers   to   conduct   hearings
33        involving  complex  issues  or issues that will require a
34        protracted period of time  to  resolve,  to  examine,  or
 
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 1        cause  to  be  examined, under oath, any licensee, and to
 2        examine or cause to be examined the books and records  of
 3        such  licensee; to hear testimony and take proof material
 4        for its  information  in  the  discharge  of  its  duties
 5        hereunder;  to  administer  or  cause  to be administered
 6        oaths;  for  any  such  purpose  to  issue  subpoena   or
 7        subpoenas  to require the attendance of witnesses and the
 8        production of books, which shall be effective in any part
 9        of this State, and to adopt rules to implement its powers
10        under this paragraph (8).
11             Any Circuit Court may by order duly entered, require
12        the  attendance  of  witnesses  and  the  production   of
13        relevant books subpoenaed by the State commission and the
14        court  may  compel  obedience to its order by proceedings
15        for contempt.
16             (9)  To investigate the administration  of  laws  in
17        relation  to  alcoholic  liquors in this and other states
18        and any foreign countries, and to recommend from time  to
19        time  to  the  Governor  and  through  him  or her to the
20        legislature of this State, such amendments to  this  Act,
21        if  any,  as  it may think desirable and as will serve to
22        further the general broad purposes contained  in  Section
23        1-2 hereof.
24             (10)  To adopt such rules and regulations consistent
25        with  the provisions of this Act which shall be necessary
26        for the control, sale or disposition of alcoholic  liquor
27        damaged as a result of an accident, wreck, flood, fire or
28        other similar occurrence.
29             (11)  To   develop   industry  educational  programs
30        related to responsible serving and selling,  particularly
31        in   the  areas  of  overserving  consumers  and  illegal
32        underage  purchasing   and   consumption   of   alcoholic
33        beverages.
34             (11.1)  To  license  persons providing education and
 
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 1        training to alcohol beverage sellers  and  servers  under
 2        the  Beverage  Alcohol  Sellers and Servers Education and
 3        Training (BASSET) programs and to develop and  administer
 4        a  public  awareness  program  in  Illinois  to reduce or
 5        eliminate  the  illegal  purchase  and   consumption   of
 6        alcoholic  beverage  products by persons under the age of
 7        21. Application for a license  shall  be  made  on  forms
 8        provided by the State Commission.
 9             (12)  To   develop  and  maintain  a  repository  of
10        license and regulatory information.
11             (13)  On or before January 15, 1994, the  Commission
12        shall  issue a written report to the Governor and General
13        Assembly that is to be based on a comprehensive study  of
14        the  impact on and implications for the State of Illinois
15        of Section 1926 of the Federal ADAMHA Reorganization  Act
16        of  1992  (Public Law 102-321).  This study shall address
17        the extent to which Illinois currently complies with  the
18        provisions  of  P.L.  102-321  and  the rules promulgated
19        pursuant thereto.
20             As part of its report, the Commission shall  provide
21        the following essential information:
22                  (i)  the   number  of  retail  distributors  of
23             tobacco products, by type and  geographic  area,  in
24             the State;
25                  (ii)  the  number  of  reported  citations  and
26             successful  convictions,  categorized  by  type  and
27             location of retail distributor, for violation of the
28             Sale  of  Tobacco  to  Minors  Act and the Smokeless
29             Tobacco Limitation Act;
30                  (iii)  the  extent  and  nature  of   organized
31             educational  and  governmental  activities  that are
32             intended to promote, encourage or  otherwise  secure
33             compliance  with any Illinois laws that prohibit the
34             sale or distribution of tobacco products to  minors;
 
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 1             and
 2                  (iv)  the  level  of access and availability of
 3             tobacco products to individuals under the age of 18.
 4        To  obtain  the  data  necessary  to  comply   with   the
 5    provisions  of  P.L.  102-321  and  the  requirements of this
 6    report, the  Commission  shall  conduct  random,  unannounced
 7    inspections    of   a   geographically   and   scientifically
 8    representative  sample  of   the   State's   retail   tobacco
 9    distributors.
10        The  Commission  shall  consult  with  the  Department of
11    Public Health, the Department of Human Services, the Illinois
12    State Police and  any  other  executive  branch  agency,  and
13    private  organizations  that may have information relevant to
14    this report.
15        The Commission  may  contract  with  the  Food  and  Drug
16    Administration  of  the  U.S.  Department of Health and Human
17    Services to conduct unannounced  investigations  of  Illinois
18    tobacco  vendors  to  determine  compliance with federal laws
19    relating to the illegal  sale  of  cigarettes  and  smokeless
20    tobacco products to persons under the age of 18.
21        (b)  On  or  before  April 30, 1999, the Commission shall
22    present a written report to  the  Governor  and  the  General
23    Assembly that shall be based on a study of the impact of this
24    amendatory  Act  of  1998  on  the  business  of  soliciting,
25    selling,  and  shipping alcoholic liquor from outside of this
26    State directly to residents of this State.
27        As part of its report, the Commission shall  provide  the
28    following information:
29             (i)  the  amount  of  State  excise  and  sales  tax
30        revenues  generated as a result of this amendatory Act of
31        1998;
32             (ii)  the amount of licensing  fees  received  as  a
33        result of this amendatory Act of 1998;
34             (iii)  the number of reported violations, the number
 
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 1        of cease and desist notices issued by the Commission, the
 2        number  of notices of violations issued to the Department
 3        of Revenue, and the number of notices and  complaints  of
 4        violations to law enforcement officials.
 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.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.