093_SB0218sam002
LRB093 06404 LRD 12118 a
1 AMENDMENT TO SENATE BILL 218
2 AMENDMENT NO. . Amend Senate Bill 218 by replacing
3 everything after the enacting clause with the following:
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
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1 this Act or any rule or regulation issued pursuant
2 thereto and in effect for 30 days prior to such
3 violation.
4 In lieu of suspending or revoking a license, the
5 commission may issue a warning based upon the
6 administrative procedures adopted by the Commission or
7 may impose a fine, upon the State commission's
8 determination and notice after hearing, that a licensee
9 has violated any provision of this Act or any rule or
10 regulation issued pursuant thereto and in effect for 30
11 days prior to such violation. The fine imposed under
12 this paragraph may not exceed $500 for each violation.
13 Each day that the activity, which gave rise to the
14 original fine, continues is a separate violation. The
15 maximum fine that may be levied against any licensee, for
16 the period of the license, shall not exceed $20,000. The
17 maximum penalty that may be imposed on a licensee for
18 selling a bottle of alcoholic liquor with a foreign
19 object in it or serving from a bottle of alcoholic liquor
20 with a foreign object in it shall be the destruction of
21 that bottle of alcoholic liquor for the first 10 bottles
22 so sold or served from by the licensee. For the eleventh
23 bottle of alcoholic liquor and for each third bottle
24 thereafter sold or served from by the licensee with a
25 foreign object in it, the maximum penalty that may be
26 imposed on the licensee is the destruction of the bottle
27 of alcoholic liquor and a fine of up to $50.
28 (2) To adopt such rules and regulations consistent
29 with the provisions of this Act which shall be necessary
30 to carry on its functions and duties to the end that the
31 health, safety and welfare of the People of the State of
32 Illinois shall be protected and temperance in the
33 consumption of alcoholic liquors shall be fostered and
34 promoted and to distribute copies of such rules and
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1 regulations to all licensees affected thereby.
2 (3) To call upon other administrative departments
3 of the State, county and municipal governments, county
4 and city police departments and upon prosecuting officers
5 for such information and assistance as it deems necessary
6 in the performance of its duties.
7 (4) To recommend to local commissioners rules and
8 regulations, not inconsistent with the law, for the
9 distribution and sale of alcoholic liquors throughout the
10 State.
11 (5) To inspect, or cause to be inspected, any
12 premises in this State where alcoholic liquors are
13 manufactured, distributed, warehoused, or sold.
14 (5.1) Upon receipt of a complaint or upon having
15 knowledge that any person is engaged in business as a
16 manufacturer, importing distributor, distributor, or
17 retailer without a license or valid license, to notify
18 the local liquor authority, file a complaint with the
19 State's Attorney's Office of the county where the
20 incident occurred, or initiate an investigation with the
21 appropriate law enforcement officials.
22 (5.2) To issue a cease and desist notice to persons
23 shipping alcoholic liquor into this State from a point
24 outside of this State if the shipment is in violation of
25 this Act.
26 (5.3) To receive complaints from licensees, local
27 officials, law enforcement agencies, organizations, and
28 persons stating that any licensee has been or is
29 violating any provision of this Act or the rules and
30 regulations issued pursuant to this Act. Such complaints
31 shall be in writing, signed and sworn to by the person
32 making the complaint, and shall state with specificity
33 the facts in relation to the alleged violation. If the
34 Commission has reasonable grounds to believe that the
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1 complaint substantially alleges a violation of this Act
2 or rules and regulations adopted pursuant to this Act, it
3 shall conduct an investigation. If, after conducting an
4 investigation, the Commission is satisfied that the
5 alleged violation did occur, it shall proceed with
6 disciplinary action against the licensee as provided in
7 this Act.
8 (6) To hear and determine appeals from orders of a
9 local commission in accordance with the provisions of
10 this 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
13 majority of persons who are parties to the hearing.
14 (7) The commission shall establish uniform systems
15 of accounts to be kept by all retail licensees having
16 more than 4 employees, and for this purpose the
17 commission may classify all retail licensees having more
18 than 4 employees and establish a uniform system of
19 accounts for each class and prescribe the manner in which
20 such accounts shall be kept. The commission may also
21 prescribe the forms of accounts to be kept by all retail
22 licensees having more than 4 employees, including but not
23 limited to accounts of earnings and expenses and any
24 distribution, payment, or other distribution of earnings
25 or assets, and any other forms, records and memoranda
26 which in the judgment of the commission may be necessary
27 or appropriate to carry out any of the provisions of this
28 Act, including but not limited to such forms, records and
29 memoranda as will readily and accurately disclose at all
30 times the beneficial ownership of such retail licensed
31 business. The accounts, forms, records and memoranda
32 shall be available at all reasonable times for inspection
33 by authorized representatives of the State commission or
34 by any local liquor control commissioner or his or her
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1 authorized representative. The commission, may, from time
2 to time, alter, amend or repeal, in whole or in part, any
3 uniform system of accounts, or the form and manner of
4 keeping accounts.
5 (8) In the conduct of any hearing authorized to be
6 held by the commission, to appoint, at the commission's
7 discretion, hearing officers to conduct hearings
8 involving complex issues or issues that will require a
9 protracted period of time to resolve, to examine, or
10 cause to be examined, under oath, any licensee, and to
11 examine or cause to be examined the books and records of
12 such licensee; to hear testimony and take proof material
13 for its information in the discharge of its duties
14 hereunder; to administer or cause to be administered
15 oaths; for any such purpose to issue subpoena or
16 subpoenas to require the attendance of witnesses and the
17 production of books, which shall be effective in any part
18 of this State, and to adopt rules to implement its powers
19 under this paragraph (8).
20 Any Circuit Court may by order duly entered, require
21 the attendance of witnesses and the production of
22 relevant books subpoenaed by the State commission and the
23 court may compel obedience to its order by proceedings
24 for contempt.
25 (9) To investigate the administration of laws in
26 relation to alcoholic liquors in this and other states
27 and any foreign countries, and to recommend from time to
28 time to the Governor and through him or her to the
29 legislature of this State, such amendments to this Act,
30 if any, as it may think desirable and as will serve to
31 further the general broad purposes contained in Section
32 1-2 hereof.
33 (10) To adopt such rules and regulations consistent
34 with the provisions of this Act which shall be necessary
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1 for the control, sale or disposition of alcoholic liquor
2 damaged as a result of an accident, wreck, flood, fire or
3 other similar occurrence.
4 (11) To develop industry educational programs
5 related to responsible serving and selling, particularly
6 in the areas of overserving consumers and illegal
7 underage purchasing and consumption of alcoholic
8 beverages.
9 (11.1) To license persons providing education and
10 training to alcohol beverage sellers and servers under
11 the Beverage Alcohol Sellers and Servers Education and
12 Training (BASSET) programs and to develop and administer
13 a public awareness program in Illinois to reduce or
14 eliminate the illegal purchase and consumption of
15 alcoholic beverage products by persons under the age of
16 21. Application for a license shall be made on forms
17 provided by the State Commission.
18 (12) To develop and maintain a repository of
19 license and regulatory information.
20 (13) On or before January 15, 1994, the Commission
21 shall issue a written report to the Governor and General
22 Assembly that is to be based on a comprehensive study of
23 the impact on and implications for the State of Illinois
24 of Section 1926 of the Federal ADAMHA Reorganization Act
25 of 1992 (Public Law 102-321). This study shall address
26 the extent to which Illinois currently complies with the
27 provisions of P.L. 102-321 and the rules promulgated
28 pursuant thereto.
29 As part of its report, the Commission shall provide
30 the following essential information:
31 (i) the number of retail distributors of
32 tobacco products, by type and geographic area, in
33 the State;
34 (ii) the number of reported citations and
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1 successful convictions, categorized by type and
2 location of retail distributor, for violation of the
3 Sale of Tobacco to Minors Act and the Smokeless
4 Tobacco Limitation Act;
5 (iii) the extent and nature of organized
6 educational and governmental activities that are
7 intended to promote, encourage or otherwise secure
8 compliance with any Illinois laws that prohibit the
9 sale or distribution of tobacco products to minors;
10 and
11 (iv) the level of access and availability of
12 tobacco products to individuals under the age of 18.
13 To obtain the data necessary to comply with the
14 provisions of P.L. 102-321 and the requirements of this
15 report, the Commission shall conduct random, unannounced
16 inspections of a geographically and scientifically
17 representative sample of the State's retail tobacco
18 distributors.
19 The Commission shall consult with the Department of
20 Public Health, the Department of Human Services, the Illinois
21 State Police and any other executive branch agency, and
22 private organizations that may have information relevant to
23 this report.
24 The Commission may contract with the Food and Drug
25 Administration of the U.S. Department of Health and Human
26 Services to conduct unannounced investigations of Illinois
27 tobacco vendors to determine compliance with federal laws
28 relating to the illegal sale of cigarettes and smokeless
29 tobacco products to persons under the age of 18.
30 (b) On or before April 30, 1999, the Commission shall
31 present a written report to the Governor and the General
32 Assembly that shall be based on a study of the impact of this
33 amendatory Act of 1998 on the business of soliciting,
34 selling, and shipping alcoholic liquor from outside of this
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1 State directly to residents of this State.
2 As part of its report, the Commission shall provide the
3 following information:
4 (i) the amount of State excise and sales tax
5 revenues generated as a result of this amendatory Act of
6 1998;
7 (ii) the amount of licensing fees received as a
8 result of this amendatory Act of 1998;
9 (iii) the number of reported violations, the number
10 of cease and desist notices issued by the Commission, the
11 number of notices of violations issued to the Department
12 of Revenue, and the number of notices and complaints of
13 violations to law enforcement officials.
14 (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00;
15 92-378, eff. 8-16-01; 92-813, eff. 8-21-02.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".