Full Text of SB2288 96th General Assembly
SB2288sam001 96TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/12/2009
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LRB096 11596 ASK 23073 a |
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| AMENDMENT TO SENATE BILL 2288
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| AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 3-12 and 6-2 as follows: | 6 |
| (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, | 9 |
| 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, | 2 |
| boats, brokers, and wine
maker's premises licensees in | 3 |
| accordance with the provisions of this Act, and
to suspend | 4 |
| or revoke such licenses upon the State commission's | 5 |
| determination,
upon notice after hearing, that a licensee | 6 |
| has violated any provision of this
Act or any rule or | 7 |
| regulation issued pursuant thereto and in effect for 30 | 8 |
| days
prior to such violation. Except in the case of an | 9 |
| action taken pursuant to a
violation of Section 6-3, 6-5, | 10 |
| or 6-9, any action by the State Commission to
suspend or | 11 |
| revoke a licensee's license may be limited to the license | 12 |
| for the
specific premises where the violation occurred.
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| In lieu of suspending or revoking a license, the | 14 |
| commission may impose
a fine, upon the State commission's | 15 |
| determination and notice after hearing,
that a licensee has | 16 |
| violated any provision of this Act or any rule or
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| regulation issued pursuant thereto and in effect for 30 | 18 |
| days prior to such
violation. The fine imposed under this | 19 |
| paragraph may not exceed $500 for each
violation. Each day | 20 |
| that the activity, which gave rise to the original fine,
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| continues is a separate violation. The maximum fine that | 22 |
| may be levied against
any licensee, for the period of the | 23 |
| license, shall not exceed $20,000.
The maximum penalty that | 24 |
| may be imposed on a licensee for selling a bottle of
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| alcoholic liquor with a foreign object in it or serving | 26 |
| from a bottle of
alcoholic liquor with a foreign object in |
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| it shall be the destruction of that
bottle of alcoholic | 2 |
| liquor for the first 10 bottles so sold or served from by
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| the licensee. For the eleventh bottle of alcoholic liquor | 4 |
| and for each third
bottle thereafter sold or served from by | 5 |
| the licensee with a foreign object in
it, the maximum | 6 |
| penalty that may be imposed on the licensee is the | 7 |
| destruction
of the bottle of alcoholic liquor and a fine of | 8 |
| up to $50.
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| (1.1) To determine, after notice and hearing, whether a | 10 |
| licensee has been convicted of a gambling offense under any | 11 |
| of subsections (a)(1) through (a)(11) of Section 28-1 or | 12 |
| under Section 28-1.1 of the Criminal Code of 1961 and to | 13 |
| enforce the following penalties: (i) for a first | 14 |
| conviction, a 30-day suspension for all licenses issued to | 15 |
| the licensee under this Act; (ii) for a second conviction | 16 |
| within a 12 month period, revocation or at least a 30-day | 17 |
| suspension for those licenses; and (iii) for a third or | 18 |
| subsequent conviction within a 5 year period, revocation of | 19 |
| those licenses. The State Commission may not delegate its | 20 |
| powers, functions, and duties under this paragraph (1.1) to | 21 |
| any local liquor commission. | 22 |
| (2) To adopt such rules and regulations consistent with | 23 |
| the
provisions of this Act which shall be necessary to | 24 |
| carry on its
functions and duties to the end that the | 25 |
| health, safety and welfare of
the People of the State of | 26 |
| Illinois shall be protected and temperance in
the |
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| consumption of alcoholic liquors shall be fostered and | 2 |
| promoted and
to distribute copies of such rules and | 3 |
| regulations to all licensees
affected thereby.
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| (3) To call upon other administrative departments of | 5 |
| the State,
county and municipal governments, county and | 6 |
| city police departments and
upon prosecuting officers for | 7 |
| such information and assistance as it
deems necessary in | 8 |
| the performance of its duties.
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| (4) To recommend to local commissioners rules and | 10 |
| regulations, not
inconsistent with the law, for the | 11 |
| distribution and sale of alcoholic
liquors throughout the | 12 |
| State.
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| (5) To inspect, or cause to be inspected, any
premises | 14 |
| in this State
where alcoholic liquors are manufactured, | 15 |
| distributed, warehoused, or
sold.
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| (5.1) Upon receipt of a complaint or upon having | 17 |
| knowledge that any person
is engaged in business as a | 18 |
| manufacturer, importing distributor, distributor,
or | 19 |
| retailer without a license or valid license, to notify the | 20 |
| local liquor
authority, file a complaint with the State's | 21 |
| Attorney's Office of the county
where the incident | 22 |
| occurred, or initiate an investigation with the | 23 |
| appropriate
law enforcement officials.
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| (5.2) To issue a cease and desist notice to persons | 25 |
| shipping alcoholic
liquor
into this State from a point | 26 |
| outside of this State if the shipment is in
violation of |
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| this Act.
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| (5.3) To receive complaints from licensees, local | 3 |
| officials, law
enforcement agencies, organizations, and | 4 |
| persons stating that any licensee has
been or is violating | 5 |
| any provision of this Act or the rules and regulations
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| issued pursuant to this Act. Such complaints shall be in | 7 |
| writing, signed and
sworn to by the person making the | 8 |
| complaint, and shall state with specificity
the facts in | 9 |
| relation to the alleged violation. If the Commission has
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| reasonable grounds to believe that the complaint | 11 |
| substantially alleges a
violation of this Act or rules and | 12 |
| regulations adopted pursuant to this Act, it
shall conduct | 13 |
| an investigation. If, after conducting an investigation, | 14 |
| the
Commission is satisfied that the alleged violation did | 15 |
| occur, it shall proceed
with disciplinary action against | 16 |
| the licensee as provided in this Act.
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| (6) To hear and determine appeals from orders of a | 18 |
| local commission
in accordance with the provisions of this | 19 |
| Act, as hereinafter set forth.
Hearings under this | 20 |
| subsection shall be held in Springfield or Chicago,
at | 21 |
| whichever location is the more convenient for the majority | 22 |
| of persons
who are parties to the hearing.
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| (7) The commission shall establish uniform systems of | 24 |
| accounts to be
kept by all retail licensees having more | 25 |
| than 4 employees, and for this
purpose the commission may | 26 |
| classify all retail licensees having more
than 4 employees |
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| and establish a uniform system of accounts for each
class | 2 |
| and prescribe the manner in which such accounts shall be | 3 |
| kept.
The commission may also prescribe the forms of | 4 |
| accounts to be kept by
all retail licensees having more | 5 |
| than 4 employees, including but not
limited to accounts of | 6 |
| earnings and expenses and any distribution,
payment, or | 7 |
| other distribution of earnings or assets, and any other
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| forms, records and memoranda which in the judgment of the | 9 |
| commission may
be necessary or appropriate to carry out any | 10 |
| of the provisions of this
Act, including but not limited to | 11 |
| such forms, records and memoranda as
will readily and | 12 |
| accurately disclose at all times the beneficial
ownership | 13 |
| of such retail licensed business. The accounts, forms,
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| records and memoranda shall be available at all reasonable | 15 |
| times for
inspection by authorized representatives of the | 16 |
| State commission or by
any local liquor control | 17 |
| commissioner or his or her authorized representative.
The | 18 |
| commission, may, from time to time, alter, amend or repeal, | 19 |
| in whole
or in part, any uniform system of accounts, or the | 20 |
| form and manner of
keeping accounts.
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| (8) In the conduct of any hearing authorized to be held | 22 |
| by the
commission, to appoint, at the commission's | 23 |
| discretion, hearing officers
to conduct hearings involving | 24 |
| complex issues or issues that will require a
protracted | 25 |
| period of time to resolve, to examine, or cause to be | 26 |
| examined,
under oath, any licensee, and to examine or cause |
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| to be examined the books and
records
of such licensee; to | 2 |
| hear testimony and take proof material for its
information | 3 |
| in the discharge of its duties hereunder; to administer or
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| cause to be administered oaths; for any such purpose to | 5 |
| issue
subpoena or subpoenas to require the attendance of | 6 |
| witnesses and the
production of books, which shall be | 7 |
| effective in any part of this State, and
to adopt rules to | 8 |
| implement its powers under this paragraph (8).
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| Any Circuit Court may by order duly entered,
require | 10 |
| the attendance of witnesses and the production of relevant | 11 |
| books
subpoenaed by the State commission and the court may | 12 |
| compel
obedience to its order by proceedings for contempt.
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| (9) To investigate the administration of laws in | 14 |
| relation to
alcoholic liquors in this and other states and | 15 |
| any foreign countries,
and to recommend from time to time | 16 |
| to the Governor and through him or
her to the legislature | 17 |
| of this State, such amendments to this Act, if any, as
it | 18 |
| may think desirable and as will serve to further the | 19 |
| general broad
purposes contained in Section 1-2 hereof.
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| (10) To adopt such rules and regulations consistent | 21 |
| with the
provisions of this Act which shall be necessary | 22 |
| for the control, sale or
disposition of alcoholic liquor | 23 |
| damaged as a result of an accident, wreck,
flood, fire or | 24 |
| other similar occurrence.
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| (11) To develop industry educational programs related | 26 |
| to responsible
serving and selling, particularly in the |
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| areas of overserving consumers and
illegal underage | 2 |
| purchasing and consumption of alcoholic beverages.
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| (11.1) To license persons providing education and | 4 |
| training to alcohol
beverage sellers and servers under the
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| Beverage Alcohol Sellers and Servers
Education and | 6 |
| Training (BASSET) programs and to develop and administer a | 7 |
| public
awareness program in Illinois to reduce or eliminate | 8 |
| the illegal purchase and
consumption of alcoholic beverage | 9 |
| products by persons under the age of 21.
Application for a | 10 |
| 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 | 13 |
| and regulatory
information.
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| (13) On or before January 15, 1994, the Commission | 15 |
| shall issue
a written report to the Governor and General | 16 |
| Assembly that is to be based on a
comprehensive study of | 17 |
| the impact on and implications for the State of Illinois
of | 18 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 19 |
| 1992 (Public Law
102-321). This study shall address the | 20 |
| extent to which Illinois currently
complies with the | 21 |
| provisions of P.L. 102-321 and the rules promulgated | 22 |
| pursuant
thereto.
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| As part of its report, the Commission shall provide the | 24 |
| following essential
information:
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| (i) the number of retail distributors of tobacco | 26 |
| products, by type and
geographic area, in the State;
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| (ii) the number of reported citations and | 2 |
| successful convictions,
categorized by type and | 3 |
| location of retail distributor, for violation of the
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| Sale of Tobacco to Minors Act and the Smokeless
Tobacco | 5 |
| Limitation Act;
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| (iii) the extent and nature of organized | 7 |
| educational and governmental
activities that are | 8 |
| intended to promote, encourage or otherwise secure
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| compliance with any Illinois laws that prohibit the | 10 |
| sale or distribution of
tobacco products to minors; and
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| (iv) the level of access and availability of | 12 |
| tobacco products to
individuals under the age of 18.
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| 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.
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| The Commission shall consult with the Department of | 20 |
| Public Health, the
Department of Human Services, the
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| Illinois State Police and any
other executive branch | 22 |
| agency, and private organizations that may have
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| information relevant to this report.
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| 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 |
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| tobacco vendors to determine compliance with federal
laws | 2 |
| relating to the illegal sale of cigarettes and smokeless | 3 |
| tobacco products
to persons under the age of 18.
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| (14) On or before April 30, 2008 and every 2 years
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| thereafter, the Commission shall present a written
report | 6 |
| to the Governor and the General Assembly that shall
be | 7 |
| based on a study of the impact of this amendatory Act of
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| the 95th General Assembly on the business of soliciting,
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| selling, and shipping wine from inside and outside of this
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| State directly to residents of this State. As part of its
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| report, the Commission shall provide all of the
following | 12 |
| information: | 13 |
| (A) The amount of State excise and sales tax
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| revenues generated. | 15 |
| (B) The amount of licensing fees received. | 16 |
| (C) The number of cases of wine shipped from inside
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| and outside of this State directly to residents of this
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| State. | 19 |
| (D) The number of alcohol compliance operations
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| conducted. | 21 |
| (E) The number of winery shipper's licenses
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| issued. | 23 |
| (F) The number of each of the following: reported
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| violations; cease and desist notices issued by the
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| Commission; notices of violations issued by
the | 26 |
| Commission and to the Department of Revenue;
and |
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| notices and complaints of violations to law
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| enforcement officials, including, without limitation,
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| the Illinois Attorney General and the U.S. Department
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| of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 5 |
| (15) As a means to reduce the underage consumption of
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| alcoholic liquors, the Commission shall conduct
alcohol | 7 |
| compliance operations to investigate whether
businesses | 8 |
| that are soliciting, selling, and shipping wine
from inside | 9 |
| or outside of this State directly to residents
of this | 10 |
| State are licensed by this State or are selling or
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| attempting to sell wine to persons under 21 years of age in
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| violation of this Act. | 13 |
| (16) The Commission shall, in addition to
notifying any | 14 |
| appropriate law enforcement agency, submit
notices of | 15 |
| complaints or violations of Sections 6-29 and
6-29.1 by | 16 |
| persons who do not hold a winery shipper's
license under | 17 |
| this amendatory Act to the Illinois Attorney General and
to | 18 |
| the U.S. Department of Treasury's Alcohol and Tobacco Tax | 19 |
| and Trade Bureau. | 20 |
| (17) (A) A person licensed to make wine under the laws | 21 |
| of another state who has a winery shipper's license under | 22 |
| this amendatory Act and annually produces less than 25,000 | 23 |
| gallons of wine or a person who has a first-class or | 24 |
| second-class wine manufacturer's license, a first-class or | 25 |
| second-class wine-maker's license, or a limited wine | 26 |
| manufacturer's license under this Act and annually |
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| produces less than 25,000 gallons of wine may make | 2 |
| application to the Commission for a self-distribution | 3 |
| exemption to allow the sale of not more than 5,000 gallons | 4 |
| of the exemption holder's wine to retail licensees per | 5 |
| year. | 6 |
| (B) In the application, which shall be sworn under | 7 |
| penalty of perjury, such person shall state (1) the | 8 |
| date it was established; (2) its volume of production | 9 |
| and sales for each year since its establishment; (3) | 10 |
| its efforts to establish distributor relationships; | 11 |
| (4) that a self-distribution exemption is necessary to | 12 |
| facilitate the marketing of its wine; and (5) that it | 13 |
| will comply with the liquor and revenue laws of the | 14 |
| United States, this State, and any other state where it | 15 |
| is licensed. | 16 |
| (C) The Commission shall approve the application | 17 |
| for a self-distribution exemption if such person: (1) | 18 |
| is in compliance with State revenue and liquor laws; | 19 |
| (2) is not a member of any affiliated group that | 20 |
| produces more than 25,000 gallons of wine per annum or | 21 |
| produces any other alcoholic liquor; (3) will not | 22 |
| annually produce for sale more than 25,000 gallons of | 23 |
| wine; and (4) will not annually sell more than 5,000 | 24 |
| gallons of its wine to retail licensees. | 25 |
| (D) A self-distribution exemption holder shall | 26 |
| annually certify to the Commission its production of |
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| wine in the previous 12 months and its anticipated | 2 |
| production and sales for the next 12 months. The | 3 |
| Commission may fine, suspend, or revoke a | 4 |
| self-distribution exemption after a hearing if it | 5 |
| finds that the exemption holder has made a material | 6 |
| misrepresentation in its application, violated a | 7 |
| revenue or liquor law of Illinois, exceeded production | 8 |
| of 25,000 gallons of wine in any calendar year, or | 9 |
| become part of an affiliated group producing more than | 10 |
| 25,000 gallons of wine or any other alcoholic liquor. | 11 |
| (E) Except in hearings for violations of this Act | 12 |
| or amendatory Act or a bona fide investigation by duly | 13 |
| sworn law enforcement officials, the Commission, or | 14 |
| its agents, the Commission shall maintain the | 15 |
| production and sales information of a | 16 |
| self-distribution exemption holder as confidential and | 17 |
| shall not release such information to any person. | 18 |
| (F) The Commission shall issue regulations | 19 |
| governing self-distribution exemptions consistent with | 20 |
| this Section and this Act. | 21 |
| (G) Nothing in this subsection (17) shall prohibit | 22 |
| a self-distribution exemption holder from entering | 23 |
| into or simultaneously having a distribution agreement | 24 |
| with a licensed Illinois distributor. | 25 |
| (H) It is the intent of this subsection (17) to | 26 |
| promote and continue orderly markets. The General |
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| Assembly finds that in order to preserve Illinois' | 2 |
| regulatory distribution system it is necessary to | 3 |
| create an exception for smaller makers of wine as their | 4 |
| wines are frequently adjusted in varietals, mixes, | 5 |
| vintages, and taste to find and create market niches | 6 |
| sometimes too small for distributor or importing | 7 |
| distributor business strategies. Limited | 8 |
| self-distribution rights will afford and allow smaller | 9 |
| makers of wine access to the marketplace in order to | 10 |
| develop a customer base without impairing the | 11 |
| integrity of the 3-tier system.
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| (b) On or before April 30, 1999, the Commission shall | 13 |
| present a written
report to the Governor and the General | 14 |
| Assembly that shall be based on a study
of the impact of this | 15 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 16 |
| and shipping
alcoholic liquor from outside of this State | 17 |
| directly to residents of this
State.
| 18 |
| As part of its report, the Commission shall provide the | 19 |
| following
information:
| 20 |
| (i) the amount of State excise and sales tax revenues | 21 |
| generated as a
result of this amendatory Act of 1998;
| 22 |
| (ii) the amount of licensing fees received as a result | 23 |
| of this amendatory
Act of 1998;
| 24 |
| (iii) the number of reported violations, the number of | 25 |
| cease and desist
notices issued by the Commission, the | 26 |
| number of notices of violations issued
to the Department of |
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| Revenue, and the number of notices and complaints of
| 2 |
| violations to law enforcement officials.
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| (Source: P.A. 95-634, eff. 6-1-08 .)
| 4 |
| (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 5 |
| Sec. 6-2. Issuance of licenses to certain persons | 6 |
| prohibited.
| 7 |
| (a) Except as otherwise provided in subsection (b) of this | 8 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 9 |
| no license
of any kind issued by the State Commission or any | 10 |
| local
commission shall be issued to:
| 11 |
| (1) A person who is not a resident of any city, village | 12 |
| or county in
which the premises covered by the license are | 13 |
| located; except in case of
railroad or boat licenses.
| 14 |
| (2) A person who is not of good character and | 15 |
| reputation in the
community in which he resides.
| 16 |
| (3) A person who is not a citizen of the United States.
| 17 |
| (4) A person who has been convicted of a felony under | 18 |
| any Federal or
State law, unless the Commission determines | 19 |
| that such
person has been sufficiently rehabilitated to | 20 |
| warrant the public trust
after considering matters set | 21 |
| forth in such person's application and the
Commission's | 22 |
| investigation. The burden of proof of sufficient
| 23 |
| rehabilitation shall be on the applicant.
| 24 |
| (5) A person who has been convicted of being the keeper | 25 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 2 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 4 |
| been revoked for
cause.
| 5 |
| (8) A person who at the time of application for renewal | 6 |
| of any license
issued hereunder would not be eligible for | 7 |
| such license upon a first
application.
| 8 |
| (9) A copartnership, if any general partnership | 9 |
| thereof, or any
limited partnership thereof, owning more | 10 |
| than 5% of the aggregate limited
partner interest in such | 11 |
| copartnership would not be eligible to receive a
license | 12 |
| hereunder for any reason other than residence within the | 13 |
| political
subdivision, unless residency is required by | 14 |
| local ordinance.
| 15 |
| (10) A corporation or limited liability company, if any | 16 |
| member, officer, manager or director thereof, or
any | 17 |
| stockholder or stockholders owning in the aggregate more | 18 |
| than 5% of the
stock of such corporation, would not be | 19 |
| eligible to receive a license
hereunder for any reason | 20 |
| other than citizenship and residence within the
political | 21 |
| subdivision.
| 22 |
| (10a) A corporation or limited liability company | 23 |
| unless it is incorporated or organized in Illinois, or | 24 |
| unless it
is a foreign corporation or foreign limited | 25 |
| liability company which is qualified under the Business
| 26 |
| Corporation Act of 1983 or the Limited Liability Company |
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| Act to transact business in Illinois. The Commission shall | 2 |
| permit and accept from an applicant for a license under | 3 |
| this Act proof prepared from the Secretary of State's | 4 |
| website that the corporation or limited liability company | 5 |
| is in good standing and is qualified under the Business
| 6 |
| Corporation Act of 1983 or the Limited Liability Company | 7 |
| Act to transact business in Illinois.
| 8 |
| (11) A person whose place of business is conducted by a | 9 |
| manager or agent
unless the manager or agent possesses the | 10 |
| same qualifications required by
the licensee.
| 11 |
| (12) A person who has been convicted of a violation of | 12 |
| any Federal or
State law concerning the manufacture, | 13 |
| possession or sale of alcoholic
liquor, subsequent to the | 14 |
| passage of this Act or has forfeited his bond to
appear in | 15 |
| court to answer charges for any such violation.
| 16 |
| (13) A person who does not beneficially own the | 17 |
| premises for which a
license is sought, or does not have a | 18 |
| lease thereon for the full period for
which the license is | 19 |
| to be issued.
| 20 |
| (14) Any law enforcing public official, including | 21 |
| members
of local liquor control commissions,
any mayor, | 22 |
| alderman, or member of the
city council or commission, any | 23 |
| president of the village board of trustees,
any member of a | 24 |
| village board of trustees, or any president or member of a
| 25 |
| county board; and no such official shall have a direct | 26 |
| interest in the
manufacture, sale, or distribution of |
|
|
|
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LRB096 11596 ASK 23073 a |
|
| 1 |
| alcoholic liquor, except that a
license
may be granted to | 2 |
| such official in relation to premises that are
not
located | 3 |
| within the territory subject to the jurisdiction of that | 4 |
| official
if the issuance of such license is approved by the | 5 |
| State Liquor Control
Commission
and except that a license | 6 |
| may be granted, in a city or village with a
population of | 7 |
| 50,000 or less, to any alderman, member of a city council, | 8 |
| or
member of a village board of trustees in relation to | 9 |
| premises that are located
within the territory
subject to | 10 |
| the jurisdiction of that official if (i) the sale of | 11 |
| alcoholic
liquor pursuant to the license is incidental to | 12 |
| the selling of food, (ii) the
issuance of the license is | 13 |
| approved by the State Commission, (iii) the
issuance of the | 14 |
| license is in accordance with all applicable local | 15 |
| ordinances
in effect where the premises are located, and | 16 |
| (iv) the official granted a
license does not vote on | 17 |
| alcoholic liquor issues pending before the board or
council | 18 |
| to which the license holder is elected. Notwithstanding any | 19 |
| provision of this paragraph (14) to the contrary, an | 20 |
| alderman or member of a city council or commission, a | 21 |
| member of a village board of trustees other than the | 22 |
| president of the village board of trustees, or a member of | 23 |
| a county board other than the president of a county board | 24 |
| may have a direct interest in the manufacture, sale, or | 25 |
| distribution of alcoholic liquor as long as he or she is | 26 |
| not a law enforcing public official, a mayor, a village |
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| board president, or president of a county board. To prevent | 2 |
| any conflict of interest, the elected official with the | 3 |
| direct interest in the manufacture, sale, or distribution | 4 |
| of alcoholic liquor cannot participate in any meetings, | 5 |
| hearings, or decisions on matters impacting the | 6 |
| manufacture, sale, or distribution of alcoholic liquor.
| 7 |
| (15) A person who is not a beneficial owner of the | 8 |
| business to be
operated by the licensee.
| 9 |
| (16) A person who has been convicted of a gambling | 10 |
| offense as
proscribed by any of subsections (a) (1) (3) | 11 |
| through (a)
(11) of
Section 28-1 of, or as
proscribed by | 12 |
| Section 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 13 |
| proscribed by a
statute
replaced by any of the aforesaid | 14 |
| statutory provisions.
| 15 |
| (17) A person or entity to whom a federal wagering | 16 |
| stamp has been
issued by the
federal government, unless the | 17 |
| person or entity is eligible to be issued a
license under | 18 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 19 |
| Act.
| 20 |
| (18) A person who intends to sell alcoholic liquors for | 21 |
| use or
consumption on his or her licensed retail premises | 22 |
| who does not have liquor
liability insurance coverage for | 23 |
| that premises in an amount that is at least
equal to the | 24 |
| maximum liability amounts set out in subsection (a) of | 25 |
| Section
6-21.
| 26 |
| (b) A criminal conviction of a corporation is not grounds |
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
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| 1 |
| for the
denial, suspension, or revocation of a license applied | 2 |
| for or held by the
corporation if the criminal conviction was | 3 |
| not the result of a violation of any
federal or State law | 4 |
| concerning the manufacture, possession or sale of
alcoholic | 5 |
| liquor, the offense that led to the conviction did not result | 6 |
| in any
financial gain to the corporation and the corporation | 7 |
| has terminated its
relationship with each director, officer, | 8 |
| employee, or controlling shareholder
whose actions directly | 9 |
| contributed to the conviction of the corporation. The
| 10 |
| Commission shall determine if all provisions of this subsection | 11 |
| (b) have been
met before any action on the corporation's | 12 |
| license is initiated. This subsection (b) does not apply to a | 13 |
| corporation that has been convicted of a gambling offense as | 14 |
| described in paragraph (16) of subsection (a) of this Section.
| 15 |
| (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, | 16 |
| eff. 7-29-05; 95-331, eff. 8-21-07.)
| 17 |
| Section 10. The Criminal Code of 1961 is amended by | 18 |
| changing Sections 28-1, 28-2, 28-3, and 28-5 as follows:
| 19 |
| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 20 |
| Sec. 28-1. Gambling.
| 21 |
| (a) A person commits gambling when he:
| 22 |
| (1) Plays a game of chance or skill for money or other | 23 |
| thing of
value, unless excepted in subsection (b) of this | 24 |
| Section; or
|
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| (2) Makes a wager upon the result of any game, contest, | 2 |
| or any
political nomination, appointment or election; or
| 3 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, | 4 |
| rents, sells,
bargains for the sale or lease of, | 5 |
| manufactures or distributes any
gambling device; or
| 6 |
| (4) Contracts to have or give himself or another the | 7 |
| option to buy
or sell, or contracts to buy or sell, at a | 8 |
| future time, any grain or
other commodity whatsoever, or | 9 |
| any stock or security of any company,
where it is at the | 10 |
| time of making such contract intended by both parties
| 11 |
| thereto that the contract to buy or sell, or the option, | 12 |
| whenever
exercised, or the contract resulting therefrom, | 13 |
| shall be settled, not by
the receipt or delivery of such | 14 |
| property, but by the payment only of
differences in prices | 15 |
| thereof; however, the issuance, purchase, sale,
exercise, | 16 |
| endorsement or guarantee, by or through a person registered
| 17 |
| with the Secretary of State pursuant to Section 8 of the | 18 |
| Illinois
Securities Law of 1953, or by or through a person | 19 |
| exempt from such
registration under said Section 8, of a | 20 |
| put, call, or other option to
buy or sell securities which | 21 |
| have been registered with the Secretary of
State or which | 22 |
| are exempt from such registration under Section 3 of the
| 23 |
| Illinois Securities Law of 1953 is not gambling within the | 24 |
| meaning of
this paragraph (4); or
| 25 |
| (5) Knowingly owns or possesses any book, instrument or | 26 |
| apparatus by
means of which bets or wagers have been, or |
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| are, recorded or registered,
or knowingly possesses any | 2 |
| money which he has received in the course of
a bet or | 3 |
| wager; or
| 4 |
| (6) Sells pools upon the result of any game or contest | 5 |
| of skill or
chance, political nomination, appointment or | 6 |
| election; or
| 7 |
| (7) Sets up or promotes any lottery or sells, offers to | 8 |
| sell or
transfers any ticket or share for any lottery; or
| 9 |
| (8) Sets up or promotes any policy game or sells, | 10 |
| offers to sell or
knowingly possesses or transfers any | 11 |
| policy ticket, slip, record,
document or other similar | 12 |
| device; or
| 13 |
| (9) Knowingly drafts, prints or publishes any lottery | 14 |
| ticket or share,
or any policy ticket, slip, record, | 15 |
| document or similar device, except for
such activity | 16 |
| related to lotteries, bingo games and raffles authorized by
| 17 |
| and conducted in accordance with the laws of Illinois or | 18 |
| any other state or
foreign government; or
| 19 |
| (10) Knowingly advertises any lottery or policy game, | 20 |
| except for such
activity related to lotteries, bingo games | 21 |
| and raffles authorized by and
conducted in accordance with | 22 |
| the laws of Illinois or any other state; or
| 23 |
| (11) Knowingly transmits information as to wagers, | 24 |
| betting odds, or
changes in betting odds by telephone, | 25 |
| telegraph, radio, semaphore or
similar means; or knowingly | 26 |
| installs or maintains equipment for the
transmission or |
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| receipt of such information; except that nothing in this
| 2 |
| subdivision (11) prohibits transmission or receipt of such | 3 |
| information
for use in news reporting of sporting events or | 4 |
| contests; or
| 5 |
| (12) Knowingly establishes, maintains, or operates an | 6 |
| Internet site that
permits a person to play a game of
| 7 |
| chance or skill for money or other thing of value by means | 8 |
| of the Internet or
to make a wager upon the
result of any | 9 |
| game, contest, political nomination, appointment, or
| 10 |
| election by means of the Internet.
| 11 |
| (b) Participants in any of the following activities shall | 12 |
| not be
convicted of gambling therefor:
| 13 |
| (1) Agreements to compensate for loss caused by the | 14 |
| happening of
chance including without limitation contracts | 15 |
| of indemnity or guaranty
and life or health or accident | 16 |
| insurance;
| 17 |
| (2) Offers of prizes, award or compensation to the | 18 |
| actual
contestants in any bona fide contest for the | 19 |
| determination of skill,
speed, strength or endurance or to | 20 |
| the owners of animals or vehicles
entered in such contest;
| 21 |
| (3) Pari-mutuel betting as authorized by the law of | 22 |
| this State;
| 23 |
| (4) Manufacture of gambling devices, including the | 24 |
| acquisition of
essential parts therefor and the assembly | 25 |
| thereof, for transportation in
interstate or foreign | 26 |
| commerce to any place outside this State when such
|
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| transportation is not prohibited by any applicable Federal | 2 |
| law;
| 3 |
| (5) The game commonly known as "bingo", when conducted | 4 |
| in accordance
with the Bingo License and Tax Act;
| 5 |
| (6) Lotteries when conducted by the State of Illinois | 6 |
| in accordance
with the Illinois Lottery Law;
| 7 |
| (7) Possession of an antique slot machine that is | 8 |
| neither used nor
intended to be used in the operation or | 9 |
| promotion of any unlawful
gambling activity or enterprise. | 10 |
| For the purpose of this subparagraph
(b)(7), an antique | 11 |
| slot machine is one manufactured 25 years ago or earlier;
| 12 |
| (8) Raffles when conducted in accordance with the | 13 |
| Raffles Act;
| 14 |
| (9) Charitable games when conducted in accordance with | 15 |
| the Charitable
Games Act;
| 16 |
| (10) Pull tabs and jar games when conducted under the | 17 |
| Illinois Pull
Tabs and Jar Games Act; or
| 18 |
| (11) Gambling games conducted on riverboats when
| 19 |
| authorized by the Riverboat Gambling Act.
| 20 |
| (c) Sentence.
| 21 |
| Gambling under subsection (a)(1) or (a)(2) of this Section | 22 |
| is a
Class A misdemeanor. Gambling under any of subsections | 23 |
| (a)(3) through
(a)(11) of this Section is a Class A | 24 |
| misdemeanor. A second or
subsequent conviction under any of | 25 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 26 |
| Gambling under subsection (a)(12) of this Section is a
Class A
|
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| misdemeanor. A second or subsequent conviction under | 2 |
| subsection (a)(12) is a
Class 4 felony.
| 3 |
| (c-5) Liquor license suspension or revocation. | 4 |
| Upon a conviction of a person licensed under the Liquor | 5 |
| Control Act of 1934 for a gambling offense under any of | 6 |
| subsections (a)(1) through (a)(11) of this Section, the State's | 7 |
| Attorney shall notify the Illinois Liquor Control Commission of | 8 |
| the conviction. The Illinois Liquor Control Commission shall | 9 |
| suspend all licenses issued to such person upon a second | 10 |
| conviction for a gambling offense within a 12 month period, and | 11 |
| shall revoke those licenses upon a third or subsequent | 12 |
| conviction for a gambling offense within a 5 year period. | 13 |
| (d) Circumstantial evidence.
| 14 |
| In prosecutions under subsection (a)(1) through (a)(12) of
| 15 |
| this
Section circumstantial evidence shall have the same | 16 |
| validity and weight as
in any criminal prosecution.
| 17 |
| (Source: P.A. 91-257, eff. 1-1-00.)
| 18 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
| 19 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | 20 |
| any real
estate, vehicle, boat or any other property whatsoever | 21 |
| used for the
purposes of gambling other than gambling conducted | 22 |
| in the manner authorized
by the Riverboat Gambling Act. Any | 23 |
| person who knowingly permits any premises
or property owned or | 24 |
| occupied by him or under his control to be used as a
gambling | 25 |
| place commits a Class A misdemeanor. Each subsequent offense is |
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| a
Class 4 felony. When any premises is determined by the | 2 |
| circuit court to be
a gambling place:
| 3 |
| (a) Such premises is a public nuisance and may be proceeded | 4 |
| against as such, and
| 5 |
| (b) All licenses, permits or certificates issued by the | 6 |
| State of
Illinois or any subdivision or public agency thereof | 7 |
| authorizing the
serving of food or liquor on such premises | 8 |
| shall be void; and no license,
permit or certificate so | 9 |
| cancelled shall be reissued for such premises for
a period of | 10 |
| 60 days thereafter; nor shall any person convicted of keeping a
| 11 |
| gambling place be reissued such license
for one year from his | 12 |
| conviction and, after a second conviction of keeping
a gambling | 13 |
| place, any such person shall not be reissued such license, and
| 14 |
| (b-5) All licenses issued by the State of Illinois under | 15 |
| the Liquor Control Act of 1934 authorizing the serving of | 16 |
| liquor on such premises shall be suspended for a period of 60 | 17 |
| days thereafter; and upon a second conviction of keeping
a | 18 |
| gambling place all licenses issued by the State of Illinois | 19 |
| under the Liquor Control Act of 1934 authorizing the serving of | 20 |
| liquor on such premises shall be revoked. | 21 |
| (c) Such premises of any person who knowingly permits | 22 |
| thereon a
violation of any Section of this Article shall be | 23 |
| held liable for, and may
be sold to pay any unsatisfied | 24 |
| judgment that may be recovered and any
unsatisfied fine that | 25 |
| may be levied under any Section of this Article.
| 26 |
| (Source: P.A. 86-1029.)
|
|
|
|
09600SB2288sam001 |
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LRB096 11596 ASK 23073 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|