Full Text of SB2290 93rd General Assembly
SB2290 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2290
Introduced 1/28/2004, by Denny Jacobs SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/3-12 |
from Ch. 43, par. 108 |
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Amends the Liquor Control Act of 1934. Provides that, with certain exceptions, the Illinois Liquor Control Commission may revoke or suspend a licensee's license or impose a fine upon a licensee for a violation only if the applicable local liquor control commissioner has not revoked or suspended the licensee's license or imposed a fine upon the licensee for the violation.
Provides that, for certain violations of the Act, the Illinois Liquor Control Commission may impose a fine that, when combined with the amount of any fine imposed by the appropriate local liquor control commissioner, equals up to $250.
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A BILL FOR
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SB2290 |
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LRB093 19622 LRD 45363 b |
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| AN ACT in relation to alcohol.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section
3-12 as follows:
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| (235 ILCS 5/3-12) (from Ch. 43, par. 108)
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| Sec. 3-12. Powers and duties of State Commission.
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| (a) The State commission shall have the following powers,
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| functions and duties:
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| (1) To receive applications and to issue licenses to | 11 |
| manufacturers,
foreign importers, importing distributors, | 12 |
| distributors, non-resident dealers,
on premise consumption | 13 |
| retailers, off premise sale retailers, special event
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| retailer licensees, special use permit licenses, auction | 15 |
| liquor licenses, brew
pubs, caterer retailers, | 16 |
| non-beverage users, railroads, including owners and
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| lessees of sleeping, dining and cafe cars, airplanes, | 18 |
| boats, brokers, and wine
maker's premises licensees in | 19 |
| accordance with the provisions of this Act, and
to suspend | 20 |
| or revoke such licenses upon the State commission's | 21 |
| determination,
upon notice after hearing, that a licensee | 22 |
| has violated any provision of this
Act or any rule or | 23 |
| regulation issued pursuant thereto and in effect for 30 | 24 |
| days
prior to such violation.
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| In lieu of suspending or revoking a license, the | 26 |
| commission may impose
a fine, upon the State commission's | 27 |
| determination and notice after hearing,
that a licensee has | 28 |
| violated any provision of this Act or any rule or
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| regulation issued pursuant thereto and in effect for 30 | 30 |
| days prior to such
violation. In instances other than | 31 |
| actions taken pursuant to a violation of
Section 6-3, 6-5, | 32 |
| or 6-9, the State Commission may suspend or revoke a
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| licensee's license or impose a fine upon a licensee only if | 2 |
| the appropriate
local liquor control commissioner did not | 3 |
| revoke or suspend the licensee's
license or impose a fine | 4 |
| upon the licensee.
For a violation of Section 6-16, the | 5 |
| State Commission may impose a fine not
to exceed $250 if | 6 |
| the appropriate local liquor control commissioner did not
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| take any
action. If the local liquor control commissioner | 8 |
| issued a fine of less than
$250, the
State Commission may | 9 |
| impose an additional fine to make the total fine from the
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| appropriate local liquor control commissioner and the | 11 |
| State Commission equal up
to $250. For multiple violations | 12 |
| of Section 6-16 within a 24-month period,
the maximum fine | 13 |
| shall be increased $250 for each violation.
The fine | 14 |
| imposed under this
paragraph may not exceed $500 for each | 15 |
| violation. Each day that the activity,
which gave rise to | 16 |
| the original fine, continues is a separate violation. The
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| maximum fine that may be levied against any licensee, for | 18 |
| the period of the
license, shall not exceed $20,000. The | 19 |
| maximum penalty that may be imposed on a
licensee for | 20 |
| selling a bottle of alcoholic liquor with a foreign object | 21 |
| in it
or serving from a bottle of alcoholic liquor with a | 22 |
| foreign object in it shall
be the destruction of that | 23 |
| bottle of alcoholic liquor for the first 10 bottles
so sold | 24 |
| or served from by the licensee. For the eleventh bottle of | 25 |
| alcoholic
liquor and for each third bottle thereafter sold | 26 |
| or served from by the licensee
with a foreign object in it, | 27 |
| the maximum penalty that may be imposed on the
licensee is | 28 |
| the destruction of the bottle of alcoholic liquor and a | 29 |
| fine of up
to $50.
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| (2) To adopt such rules and regulations consistent with | 31 |
| the
provisions of this Act which shall be necessary to | 32 |
| carry on its
functions and duties to the end that the | 33 |
| health, safety and welfare of
the People of the State of | 34 |
| Illinois shall be protected and temperance in
the | 35 |
| consumption of alcoholic liquors shall be fostered and | 36 |
| promoted and
to distribute copies of such rules and |
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| regulations to all licensees
affected thereby.
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| (3) To call upon other administrative departments of | 3 |
| the State,
county and municipal governments, county and | 4 |
| city police departments and
upon prosecuting officers for | 5 |
| such information and assistance as it
deems necessary in | 6 |
| the performance of its duties.
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| (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.
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| (5) To inspect, or cause to be inspected, any
premises | 12 |
| in this State
where alcoholic liquors are manufactured, | 13 |
| distributed, warehoused, or
sold.
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| (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 the | 18 |
| local liquor
authority, file a complaint with the State's | 19 |
| Attorney's Office of the county
where the incident | 20 |
| occurred, or initiate an investigation with the | 21 |
| appropriate
law enforcement officials.
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| (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.
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| (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 violating | 29 |
| any provision of this Act or the rules and regulations
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| issued pursuant to this Act. Such complaints shall be in | 31 |
| writing, signed and
sworn to by the person making the | 32 |
| complaint, and shall state with specificity
the facts in | 33 |
| relation to the alleged violation. If the Commission has
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| reasonable grounds to believe that the complaint | 35 |
| substantially alleges a
violation of this Act or rules and | 36 |
| regulations adopted pursuant to this Act, it
shall conduct |
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| an investigation. If, after conducting an investigation, | 2 |
| the
Commission is satisfied that the alleged violation did | 3 |
| occur, it shall proceed
with disciplinary action against | 4 |
| the licensee as provided in this Act.
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| (6) To hear and determine appeals from orders of a | 6 |
| local commission
in accordance with the provisions of this | 7 |
| Act, as hereinafter set forth.
Hearings under this | 8 |
| subsection shall be held in Springfield or Chicago,
at | 9 |
| whichever location is the more convenient for the majority | 10 |
| of persons
who are parties to the hearing.
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| (7) The commission shall establish uniform systems of | 12 |
| accounts to be
kept by all retail licensees having more | 13 |
| than 4 employees, and for this
purpose the commission may | 14 |
| classify all retail licensees having more
than 4 employees | 15 |
| and establish a uniform system of accounts for each
class | 16 |
| and prescribe the manner in which such accounts shall be | 17 |
| kept.
The commission may also prescribe the forms of | 18 |
| accounts to be kept by
all retail licensees having more | 19 |
| than 4 employees, including but not
limited to accounts of | 20 |
| earnings and expenses and any distribution,
payment, or | 21 |
| other distribution of earnings or assets, and any other
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| forms, records and memoranda which in the judgment of the | 23 |
| commission may
be necessary or appropriate to carry out any | 24 |
| of the provisions of this
Act, including but not limited to | 25 |
| such forms, records and memoranda as
will readily and | 26 |
| accurately disclose at all times the beneficial
ownership | 27 |
| of such retail licensed business. The accounts, forms,
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| records and memoranda shall be available at all reasonable | 29 |
| times for
inspection by authorized representatives of the | 30 |
| State commission or by
any local liquor control | 31 |
| commissioner or his or her authorized representative.
The | 32 |
| commission, may, from time to time, alter, amend or repeal, | 33 |
| in whole
or in part, any uniform system of accounts, or the | 34 |
| form and manner of
keeping accounts.
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| (8) In the conduct of any hearing authorized to be held | 36 |
| by the
commission, to appoint, at the commission's |
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| discretion, hearing officers
to conduct hearings involving | 2 |
| complex issues or issues that will require a
protracted | 3 |
| period of time to resolve, to examine, or cause to be | 4 |
| examined,
under oath, any licensee, and to examine or cause | 5 |
| to be examined the books and
records
of such licensee; to | 6 |
| hear testimony and take proof material for its
information | 7 |
| in the discharge of its duties hereunder; to administer or
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| cause to be administered oaths; for any such purpose to | 9 |
| issue
subpoena or subpoenas to require the attendance of | 10 |
| witnesses and the
production of books, which shall be | 11 |
| effective in any part of this State, and
to adopt rules to | 12 |
| implement its powers under this paragraph (8).
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| Any Circuit Court may by order duly entered,
require | 14 |
| the attendance of witnesses and the production of relevant | 15 |
| books
subpoenaed by the State commission and the court may | 16 |
| compel
obedience to its order by proceedings for contempt.
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| (9) To investigate the administration of laws in | 18 |
| relation to
alcoholic liquors in this and other states and | 19 |
| any foreign countries,
and to recommend from time to time | 20 |
| to the Governor and through him or
her to the legislature | 21 |
| of this State, such amendments to this Act, if any, as
it | 22 |
| may think desirable and as will serve to further the | 23 |
| general broad
purposes contained in Section 1-2 hereof.
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| (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.
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| (11) To develop industry educational programs related | 30 |
| to responsible
serving and selling, particularly in the | 31 |
| areas of overserving consumers and
illegal underage | 32 |
| purchasing and consumption of alcoholic beverages.
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| (11.1) To license persons providing education and | 34 |
| training to alcohol
beverage sellers and servers under the
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| Beverage Alcohol Sellers and Servers
Education and | 36 |
| Training (BASSET) programs and to develop and administer a |
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| public
awareness program in Illinois to reduce or eliminate | 2 |
| the illegal purchase and
consumption of alcoholic beverage | 3 |
| products by persons under the age of 21.
Application for a | 4 |
| license shall be made on forms provided by the State
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| Commission.
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| (12) To develop and maintain a repository of license | 7 |
| and regulatory
information.
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| (13) On or before January 15, 1994, the Commission | 9 |
| shall issue
a written report to the Governor and General | 10 |
| Assembly that is to be based on a
comprehensive study of | 11 |
| the impact on and implications for the State of Illinois
of | 12 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 13 |
| 1992 (Public Law
102-321). This study shall address the | 14 |
| extent to which Illinois currently
complies with the | 15 |
| provisions of P.L. 102-321 and the rules promulgated | 16 |
| pursuant
thereto.
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| As part of its report, the Commission shall provide the | 18 |
| following essential
information:
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| (i) the number of retail distributors of tobacco | 20 |
| products, by type and
geographic area, in the State;
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| (ii) the number of reported citations and | 22 |
| successful convictions,
categorized by type and | 23 |
| location of retail distributor, for violation of the
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| Sale of Tobacco to Minors Act and the Smokeless
Tobacco | 25 |
| Limitation Act;
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| (iii) the extent and nature of organized | 27 |
| educational and governmental
activities that are | 28 |
| intended to promote, encourage or otherwise secure
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| compliance with any Illinois laws that prohibit the | 30 |
| sale or distribution of
tobacco products to minors; and
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| (iv) the level of access and availability of | 32 |
| tobacco products to
individuals under the age of 18.
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| To obtain the data necessary to comply with the provisions | 34 |
| of P.L. 102-321
and the requirements of this report, the | 35 |
| Commission shall conduct random,
unannounced inspections of a | 36 |
| geographically and scientifically representative
sample of the |
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| State's retail tobacco distributors.
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| The Commission shall consult with the Department of Public | 3 |
| Health, the
Department of Human Services, the
Illinois State | 4 |
| Police and any
other executive branch agency, and private | 5 |
| organizations that may have
information relevant to this | 6 |
| report.
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| The Commission may contract with the Food and Drug | 8 |
| Administration of the
U.S. Department of Health and Human | 9 |
| Services to conduct unannounced
investigations of Illinois | 10 |
| tobacco vendors to determine compliance with federal
laws | 11 |
| relating to the illegal sale of cigarettes and smokeless | 12 |
| tobacco products
to persons under the age of 18.
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| (b) On or before April 30, 1999, the Commission shall | 14 |
| present a written
report to the Governor and the General | 15 |
| Assembly that shall be based on a study
of the impact of this | 16 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 17 |
| and shipping
alcoholic liquor from outside of this State | 18 |
| directly to residents of this
State.
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| As part of its report, the Commission shall provide the | 20 |
| following
information:
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| (i) the amount of State excise and sales tax revenues | 22 |
| generated as a
result of this amendatory Act of 1998;
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| (ii) the amount of licensing fees received as a result | 24 |
| of this amendatory
Act of 1998;
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| (iii) the number of reported violations, the number of | 26 |
| cease and desist
notices issued by the Commission, the | 27 |
| number of notices of violations issued
to the Department of | 28 |
| Revenue, and the number of notices and complaints of
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| violations to law enforcement officials.
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| (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; | 31 |
| 92-378, eff.
8-16-01; 92-813, eff. 8-21-02.)
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