Full Text of HB5926 98th General Assembly
HB5926sam001 98TH GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 5/1/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5926
| 2 | | AMENDMENT NO. ______. Amend House Bill 5926 as follows: | 3 | | on page 1, by replacing lines 4 and 5 with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 1-3.25, 3-12, and 3-14 and by adding Section | 6 | | 6-27.1 as follows:
| 7 | | (235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
| 8 | | Sec. 1-3.25.
"Hotel" means every building or other | 9 | | structure kept, used,
maintained, advertised and held out to | 10 | | the public to be a place where food
is actually served and | 11 | | consumed and sleeping accommodations are offered for
adequate | 12 | | pay to travelers and guests, whether transient, permanent or
| 13 | | residential, in which twenty-five (25) or more rooms are used | 14 | | for the
sleeping accommodations of such guests and having one | 15 | | or more public dining
rooms where meals are served to such |
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| 1 | | guests, such sleeping accommodations
and dining rooms being | 2 | | conducted in the same building or buildings in
connection | 3 | | therewith and such building or buildings, structure or
| 4 | | structures being provided with adequate and sanitary kitchen | 5 | | and dining
room equipment and capacity. All public dining | 6 | | rooms, banquet rooms, meeting rooms, room service areas, | 7 | | mini-bars, and other locations within a hotel wherein alcoholic | 8 | | liquors are stored, offered for sale, or sold at retail shall | 9 | | be considered part of the hotel's licensed premises if those | 10 | | locations within the hotel are owned or managed by the hotel | 11 | | operator. As part of the hotel's licensed premises, each and | 12 | | all of those locations within the hotel shall be maintained and | 13 | | managed pursuant to a single retailer's license issued by the | 14 | | State Commission to the hotel operator, regardless of the | 15 | | number of local retailer licenses mandated by the local unit of | 16 | | government having jurisdiction over the hotel. Public dining | 17 | | rooms and other locations within a hotel that are owned or | 18 | | managed by a person other than the hotel operator and are | 19 | | licensed by the local unit of government having jurisdiction | 20 | | over the hotel to a person other than the hotel operator are | 21 | | not considered part of the hotel's licensed premises for | 22 | | purposes of this Act and, as such, must be maintained and | 23 | | operated under separate retailer's licenses.
| 24 | | (Source: P.A. 82-783.)"; and
| 25 | | on page 16, immediately below line 25, by inserting the |
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| 1 | | following:
| 2 | | "(235 ILCS 5/3-14) (from Ch. 43, par. 109)
| 3 | | Sec. 3-14. Issuance of license by Commission. Nothing | 4 | | contained in this
Act shall, however, be construed to
permit | 5 | | the State Commission to issue any license, other than
| 6 | | manufacturer's, foreign importer's, importing distributor's, | 7 | | non-resident
dealer's, and
distributor's, broker's and | 8 | | non-beverage user's license for any premises in any
prohibited | 9 | | territory, or to issue any license other than manufacturer's,
| 10 | | foreign importer's, importing distributor's, non-resident | 11 | | dealer's,
distributor's,
railroad's,
airplane's, boat's, or | 12 | | broker's license, auction liquor license, or
non-beverage
| 13 | | user's license, unless the
person applying for such license | 14 | | shall have obtained a local license for
the same premises. For | 15 | | purposes of this Section and only in regards to a hotel, the | 16 | | local license issued for the same premises may include multiple | 17 | | local licenses issued to a hotel operator for various portions | 18 | | of the hotel building or structure owned or managed by the | 19 | | hotel operator wherein alcoholic liquors may be stored, offered | 20 | | for sale, and sold; provided, however, that all of those | 21 | | portions of the hotel building or structure shall be considered | 22 | | the hotel premises for purposes of the issuance of a retailer's | 23 | | license by the State Commission. When such person has obtained | 24 | | a local license and has
made application to the State | 25 | | Commission in conformity with this Act and
paid the license fee |
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| 1 | | provided, it shall be the duty of the State Commission
to issue | 2 | | a retailer's license to him; provided, however, that the State
| 3 | | Commission may refuse the issuance or renewal of a retailer's | 4 | | license, upon
notice and after hearing, upon the grounds | 5 | | authorized in Section 6-3
of this Act, and, provided further, | 6 | | that the issuance of such
license shall not prejudice the State | 7 | | Commission's action in subsequently
suspending or revoking | 8 | | such license if it is determined by the State
Commission, upon | 9 | | notice and after hearing, that the licensee has, within
the | 10 | | same or the preceding license period, violated any provision of | 11 | | this
Act or any rule or regulation issued pursuant thereto and | 12 | | in effect for 30
days prior to such violation.
The Commission | 13 | | may also refuse to renew a license if the licensee has failed
| 14 | | to pay an offer in compromise, pre-disciplinary settlement, or | 15 | | a fine imposed
by order.
| 16 | | (Source: P.A. 89-250, eff. 1-1-96.)".
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