Illinois General Assembly - Full Text of HB5180
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Full Text of HB5180  103rd General Assembly

HB5180 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5180

 

Introduced 2/9/2024, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/7-9  from Ch. 43, par. 153
235 ILCS 5/7-10  from Ch. 43, par. 154

    Amends the Liquor Control Act of 1934. Deletes language providing that, in any case where a licensee appeals to the Illinois Liquor Control Commission from an order or action of the local liquor control commission having the effect of refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the State Commission. Provides that an immediate suspension issued by a local liquor control commissioner under a specified provision does not constitute a first or second suspension within the preceding 12-month period. Provides that an Illinois circuit court with jurisdiction over the matter shall have exclusive jurisdiction to review an appeal of an immediate suspension by a local liquor control commissioner. Deletes language requiring the State Commission to render a decision affirming, reversing, or modifying an order or action within 30 days after the appeal was heard. Provides that, if a rehearing is granted by the State Commission, the State Commission shall hold the rehearing and render a decision within a reasonable time from the petition filing date (instead of 20 days from the filing of the application for rehearing with the secretary of the commission). Makes other changes.


LRB103 39437 RPS 69628 b

 

 

A BILL FOR

 

HB5180LRB103 39437 RPS 69628 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 7-9 and 7-10 as follows:
 
6    (235 ILCS 5/7-9)  (from Ch. 43, par. 153)
7    Sec. 7-9. Appeals.
8    (a) Except as provided in this Section, any order or
9action of a local liquor control commissioner levying a fine
10or refusing to levy a fine on a licensee, granting or refusing
11to grant a license, revoking or suspending or refusing to
12revoke or suspend a license or refusing for more than 30 days
13to grant a hearing upon a complaint to revoke or suspend a
14license may, within 20 days after notice of such order or
15action, be appealed by any resident of the political
16subdivision under the jurisdiction of the local liquor control
17commissioner or any person interested, to the State
18Commission.
19    (b) In any case where a licensee appeals to the State
20Commission from an order or action of the local liquor control
21commission having the effect of suspending or revoking a
22license or , denying a renewal application, or refusing to
23grant a license, the licensee shall resume the operation of

 

 

HB5180- 2 -LRB103 39437 RPS 69628 b

1the licensed business pending the decision of the State
2Commission and the expiration of the time allowed for an
3application for rehearing. If an application for rehearing is
4filed, the licensee shall continue the operation of the
5licensed business until the denial of the application or, if
6the rehearing is granted, until the decision on rehearing.
7    (c) In any case in which a licensee appeals to the State
8Commission a suspension or revocation by a local liquor
9control commissioner that is the second or subsequent such
10suspension or revocation placed on that licensee within the
11preceding 12-month 12 month period, the licensee shall
12consider the suspension or revocation to be in effect until a
13reversal of the local liquor control commissioner's action has
14been issued by the State Commission and shall cease all
15activity otherwise authorized by the license. The State
16Commission shall expedite, to the greatest extent possible,
17its consideration of any appeal that is an appeal of a second
18or subsequent suspension or revocation within the past 12
19month period. For purposes of this Section, an immediate
20suspension issued by a local liquor control commissioner
21pursuant to Section 7-5 does not constitute a first or second
22suspension within the preceding 12-month period. An Illinois
23circuit court with jurisdiction over the matter shall have
24exclusive jurisdiction to review appeals of immediate
25suspensions issued pursuant to Section 7-5.
26    (d) The appeal shall be limited to a review of the official

 

 

HB5180- 3 -LRB103 39437 RPS 69628 b

1record of the proceedings of such local liquor control
2commissioner if the county board, city council or board of
3trustees, as the case may be, has adopted a resolution
4requiring that such review be on the record. If such
5resolution is adopted, a certified official record of the
6proceedings taken and prepared by a certified court reporter
7or certified shorthand reporter shall be filed by the local
8liquor control commissioner within 5 days after notice of the
9filing of such appeal, if the appellant licensee pays for the
10cost of the transcript. The State Commission shall review the
11propriety of the order or action of the local liquor control
12commissioner and shall consider the following questions:
13        (1) (a) whether the local liquor control commissioner
14    has proceeded in the manner provided by law;
15        (2) (b) whether the order is supported by the
16    findings;
17        (3) (c) whether the findings are supported by
18    substantial evidence in the light of the whole record.
19    (e) The only evidence which may be considered in the
20review, shall be the evidence found in the certified official
21record of the proceedings of the local liquor control
22commissioner. No new or additional evidence shall be admitted
23or considered. The State Commission shall render a decision
24affirming, reversing, or modifying the order or action
25reviewed within 30 days after the appeal was heard.
26    (f) In the event such appeal is from an order of a local

 

 

HB5180- 4 -LRB103 39437 RPS 69628 b

1liquor control commissioner of a city, village or incorporated
2town of 500,000 or more inhabitants, granting or refusing to
3grant a license or refusing for more than 30 days to grant a
4hearing upon a complaint to revoke or suspend a license, the
5matter of the propriety of such order or action shall be tried
6de novo by the license appeal commission as expeditiously as
7circumstances permit.
8    (g) In the event such appeal is from an order or action of
9a local liquor control commissioner of a city, village or
10incorporated town of 500,000 or more inhabitants, imposing a
11fine or refusing to impose a fine on a licensee, revoking or
12suspending or refusing to revoke or suspend a license, the
13license appeal commission shall determine the appeal by a
14review of the official record of the proceedings of such local
15liquor control commissioner. A certified record of the
16proceedings shall be promptly filed with the license appeal
17commission by such local liquor control commissioner after
18notice of the filing of such appeal if the appellant licensee
19pays for the cost of the transcript and promptly delivers the
20transcript to the local liquor control commission or its
21attorney. The review by the license appeal commission shall be
22limited to the questions:
23        (1) (a) whether the local liquor control commissioner
24    has proceeded in the manner provided by law;
25        (2) (b) whether the order is supported by the
26    findings;

 

 

HB5180- 5 -LRB103 39437 RPS 69628 b

1        (3) (c) whether the findings are supported by
2    substantial evidence in the light of the whole record.
3No new or additional evidence in support of or in opposition to
4such order or action under appeal shall be received other than
5that contained in such record of the proceedings. Within 30
6days after such appeal was heard, the license appeal
7commission shall render its decision in accordance with the
8provisions of Section 7-5.
9    (h) In cities, villages and incorporated towns having a
10population of 500,000 or more inhabitants, appeals from any
11order or action shall lie to the license appeal commission of
12such city, village or incorporated town. All of the provisions
13of this Section and Section 7-10 relative to proceedings upon
14appeals before the State Commission and relative to appeals
15from the decisions of the State Commission shall apply also to
16proceedings upon appeals before any license appeal commission
17and appeals from the decisions of license appeal commission.
18    (i) In any trial de novo hearing before the State
19Commission or license appeal commission, the local liquor
20control commissioner shall be entitled to 10 days notice and
21to be heard. All such trial de novo hearings shall be open to
22the public and the Illinois Liquor Control Commission and the
23license appeal commission shall reduce all evidence offered
24thereto to writing.
25    (j) If after trial de novo hearing or review as provided
26herein, the State Commission or the license appeal commission

 

 

HB5180- 6 -LRB103 39437 RPS 69628 b

1(as the case may be) shall decide that the license has been
2improperly issued, denied, revoked, suspended or refused to be
3revoked or suspended or a hearing to revoke or suspend has been
4improperly refused or that the licensee has been improperly
5fined or not fined, it shall enter an order in conformity with
6such findings, which order shall be in writing.
7    (k) A certified copy of the order shall be transmitted to
8the particular local liquor control commissioner and it shall
9be the duty of the local liquor control commissioner to take
10such action as may be necessary to conform with the order.
11    (l) In any trial de novo hearing before the State
12Commission or the license appeal commission, the licensee
13shall submit to examination and produce books and records
14material to the business conducted under the license in like
15manner as before the local liquor control commissioner, and
16the failure of the licensee to submit to such an examination or
17to produce such books and records, or to appear at the hearing
18on such appeal, shall constitute an admission that he has
19violated the provisions of this Act. In the event the appeal is
20from an order of the local liquor control commissioner denying
21a renewal application, the licensee shall have on deposit with
22the local liquor control commissioner an amount sufficient to
23cover the license fee for the renewal period and any bond that
24may be required.
25(Source: P.A. 88-613, eff. 1-1-95.)
 

 

 

HB5180- 7 -LRB103 39437 RPS 69628 b

1    (235 ILCS 5/7-10)  (from Ch. 43, par. 154)
2    Sec. 7-10. Service. A copy of the rule, regulation, order
3or decision of the State commission or the license appeal
4commission, in any proceeding before it, certified under the
5seal of said commission, shall be served upon each party of
6record to the proceeding before the commission and service
7upon any attorney of record for any such party shall be deemed
8service upon such party. Each party appearing before said
9commission shall enter an his appearance and indicate to the
10commission a physical or electronic his address for the
11service of a copy of any rule, regulation, order, decision or
12notice and the mailing of a copy of any rule, regulation or
13order of said commission or of any notice by said commission,
14in said proceeding, to said party at such address shall be
15deemed service thereof upon such party.
16    Within 20 days after the service of any rule, regulation,
17order or decision of said commission upon any party to the
18proceeding, such party may apply for a rehearing in respect to
19any matters determined by said commission. If a rehearing is
20granted, the commission shall hold the rehearing and render a
21decision within a reasonable time from the petition filing
22date 20 days from the filing of the application for rehearing
23with the secretary of the commission. The time for holding
24such rehearing and rendering a decision may be extended for a
25period not to exceed 30 days, for good cause shown, and by
26notice in writing to all parties of interest. No action for the

 

 

HB5180- 8 -LRB103 39437 RPS 69628 b

1judicial review of any decision of said commission shall be
2allowed unless the party commencing such action has first
3filed an application for a rehearing and the commission has
4acted upon said application. Only one rehearing may be granted
5by the commission on application of any one party.
6(Source: P.A. 82-783.)