Full Text of HB2577 101st General Assembly
HB2577sam001 101ST GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 5/15/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2577
| 2 | | AMENDMENT NO. ______. Amend House Bill 2577 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 Sections 3-4, 8-2, 3-12, 10-1, and 10-7.1 as follows:
| 6 | | (235 ILCS 5/3-4) (from Ch. 43, par. 100)
| 7 | | Sec. 3-4. Authority to conduct investigations. The State | 8 | | Commission commission shall obtain, pursuant to the provisions | 9 | | of the
" Personnel Code " enacted by the 69th General Assembly , | 10 | | such inspectors,
clerks , and other employees as may be | 11 | | necessary to carry out the provisions
of this Act, or to | 12 | | perform the duties and exercise the powers conferred by
law | 13 | | upon the State Commission commission . The inspectors obtained | 14 | | by the State Commission shall not be peace
officers and shall | 15 | | not exercise any powers of a peace officer.
| 16 | | The State Commission shall have the power to appoint |
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| 1 | | investigators to conduct investigations, searches, seizures, | 2 | | arrests, and other duties required to enforce the provisions of | 3 | | this Act, on behalf of the State Commission, and to ensure the | 4 | | health, safety, and welfare of the People of the State of | 5 | | Illinois. The Commission's investigators are peace officers | 6 | | and have all the powers possessed by police officers in cities | 7 | | and by sheriffs. State Commission investigators may exercise | 8 | | these powers throughout the State whenever enforcing the | 9 | | provisions of this Act, subject to the rules and orders of the | 10 | | State Commission. No State Commission investigator may have | 11 | | peace officer status or may exercise police powers unless: (1) | 12 | | he or she successfully completes the basic police training | 13 | | course mandated and approved by the Illinois Law Enforcement | 14 | | Training Standards Board; or (2) the Illinois Law Enforcement | 15 | | Training Standards Board waives the training requirement by | 16 | | reason of the investigator's prior law enforcement experience, | 17 | | training, or both. | 18 | | The Executive Director must authorize to each investigator | 19 | | of the State Commission and to any other employee of the | 20 | | Department exercising the powers of a peace officer a distinct | 21 | | badge that, on its face: (1) clearly states that the badge is | 22 | | authorized by the State Commission; and (2) contains a unique | 23 | | identifying number. No other badge shall be authorized by the | 24 | | State Commission. Nothing in this Section prohibits the | 25 | | Executive Director from issuing shields or other distinctive | 26 | | identification to employees performing security or regulatory |
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| 1 | | duties who are not peace officers if the Executive Director | 2 | | determines that a shield or distinctive identification is | 3 | | needed by the employee to carry out his or her | 4 | | responsibilities. | 5 | | (Source: P.A. 82-783.)
| 6 | | (235 ILCS 5/3-12)
| 7 | | Sec. 3-12. Powers and duties of State Commission.
| 8 | | (a) The State Commission shall have the following powers, | 9 | | functions, and
duties:
| 10 | | (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
| 14 | | retailer licensees, special use permit licenses, auction | 15 | | liquor licenses, brew
pubs, caterer retailers, | 16 | | non-beverage users, railroads, including owners and
| 17 | | 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. Except in the case of an | 25 | | action taken pursuant to a
violation of Section 6-3, 6-5, |
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| 1 | | or 6-9, any action by the State Commission to
suspend or | 2 | | revoke a licensee's license may be limited to the license | 3 | | for the
specific premises where the violation occurred.
An | 4 | | action for a violation of this Act shall be commenced by | 5 | | the State Commission within 2 years after the date the | 6 | | State Commission becomes aware of the violation.
| 7 | | In lieu of suspending or revoking a license, the | 8 | | commission may impose
a fine, upon the State Commission's | 9 | | determination and notice after hearing,
that a licensee has | 10 | | violated any provision of this Act or any rule or
| 11 | | regulation issued pursuant thereto and in effect for 30 | 12 | | days prior to such
violation. | 13 | | For the purpose of this paragraph (1), when determining | 14 | | multiple violations for the sale of alcohol to a person | 15 | | under the age of 21, a second or subsequent violation for | 16 | | the sale of alcohol to a person under the age of 21 shall | 17 | | only be considered if it was committed within 5 years after | 18 | | the date when a prior violation for the sale of alcohol to | 19 | | a person under the age of 21 was committed. | 20 | | The fine imposed under this paragraph may not exceed | 21 | | $500 for each
violation. Each day that the activity, which | 22 | | gave rise to the original fine,
continues is a separate | 23 | | violation. The maximum fine that may be levied against
any | 24 | | licensee, for the period of the license, shall not exceed | 25 | | $20,000.
The maximum penalty that may be imposed on a | 26 | | licensee for selling a bottle of
alcoholic liquor with a |
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| 1 | | foreign object in it or serving from a bottle of
alcoholic | 2 | | liquor with a foreign object in it shall be the destruction | 3 | | of that
bottle of alcoholic liquor for the first 10 bottles | 4 | | so sold or served from by
the licensee. For the eleventh | 5 | | bottle of alcoholic liquor and for each third
bottle | 6 | | thereafter sold or served from by the licensee with a | 7 | | foreign object in
it, the maximum penalty that may be | 8 | | imposed on the licensee is the destruction
of the bottle of | 9 | | alcoholic liquor and a fine of up to $50.
| 10 | | Any notice issued by the State Commission to a licensee | 11 | | for a violation of this Act or any notice with respect to | 12 | | settlement or offer in compromise shall include the field | 13 | | report, photographs, and any other supporting | 14 | | documentation necessary to reasonably inform the licensee | 15 | | of the nature and extent of the violation or the conduct | 16 | | alleged to have occurred. The failure to include such | 17 | | required documentation shall result in the dismissal of the | 18 | | action. | 19 | | (2) To adopt such rules and regulations consistent with | 20 | | the
provisions of this Act which shall be necessary to | 21 | | carry on its
functions and duties to the end that the | 22 | | health, safety and welfare of
the People of the State of | 23 | | Illinois shall be protected and temperance in
the | 24 | | consumption of alcoholic liquors shall be fostered and | 25 | | promoted and
to distribute copies of such rules and | 26 | | regulations to all licensees
affected thereby.
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| 1 | | (3) To call upon other administrative departments of | 2 | | the State,
county and municipal governments, county and | 3 | | city police departments and
upon prosecuting officers for | 4 | | such information and assistance as it
deems necessary in | 5 | | the performance of its duties.
| 6 | | (4) To recommend to local commissioners rules and | 7 | | regulations, not
inconsistent with the law, for the | 8 | | distribution and sale of alcoholic
liquors throughout the | 9 | | State.
| 10 | | (5) To inspect, or cause to be inspected, any
premises | 11 | | in this State
where alcoholic liquors are manufactured, | 12 | | distributed, warehoused, or
sold. Nothing in this Act
| 13 | | authorizes an agent of the State Commission Commission to | 14 | | inspect private
areas within the premises without | 15 | | reasonable suspicion or a warrant
during an inspection. | 16 | | "Private areas" include, but are not limited to, safes, | 17 | | personal property, and closed desks.
| 18 | | (5.1) Upon receipt of a complaint or upon having | 19 | | knowledge that any person
is engaged in business as a | 20 | | manufacturer, importing distributor, distributor,
or | 21 | | retailer without a license or valid license, to conduct an | 22 | | investigation. If, after conducting an investigation, the | 23 | | State Commission is satisfied that the alleged conduct | 24 | | occurred or is occurring, it may issue a cease and desist | 25 | | notice as provided in this Act, impose civil penalties as | 26 | | provided in this Act, to notify the local liquor
authority, |
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| 1 | | or file a complaint with the State's Attorney's Office of | 2 | | the county
where the incident occurred or the Attorney | 3 | | General , or initiate an investigation with the appropriate
| 4 | | law enforcement officials .
| 5 | | (5.2) Upon receipt of a complaint or upon having | 6 | | knowledge that any person is To issue a cease and desist | 7 | | notice to persons shipping alcoholic
liquor
into this State | 8 | | from a point outside of this State if the shipment is in
| 9 | | violation of this Act , to conduct an investigation. If, | 10 | | after conducting an investigation, the State Commission is | 11 | | satisfied that the alleged conduct occurred or is | 12 | | occurring, it may issue a cease and desist notice as | 13 | | provided in this Act, impose civil penalties as provided in | 14 | | this Act, notify the foreign jurisdiction, or file a | 15 | | complaint with the State's Attorney's Office of the county | 16 | | where the incident occurred or the Attorney General .
| 17 | | (5.3) To receive complaints from licensees, local | 18 | | officials, law
enforcement agencies, organizations, and | 19 | | persons stating that any licensee has
been or is violating | 20 | | any provision of this Act or the rules and regulations
| 21 | | issued pursuant to this Act. Such complaints shall be in | 22 | | writing, signed and
sworn to by the person making the | 23 | | complaint, and shall state with specificity
the facts in | 24 | | relation to the alleged violation. If the State Commission | 25 | | has
reasonable grounds to believe that the complaint | 26 | | substantially alleges a
violation of this Act or rules and |
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| 1 | | regulations adopted pursuant to this Act, it
shall conduct | 2 | | an investigation. If, after conducting an investigation, | 3 | | the
State Commission is satisfied that the alleged | 4 | | violation did occur, it shall proceed
with disciplinary | 5 | | action against the licensee as provided in this Act.
| 6 | | (5.4) To make arrests and issue notices of civil | 7 | | violations where necessary for the enforcement of this Act. | 8 | | (5.5) To investigate any and all unlicensed activity. | 9 | | (5.6) To impose civil penalties or fines to any person | 10 | | who, without holding a valid license, engages in conduct | 11 | | that requires a license pursuant to this Act, in an amount | 12 | | not to exceed $20,000 for each offense as determined by the | 13 | | State Commission. A civil penalty shall be assessed by the | 14 | | State Commission after a hearing is held in accordance with | 15 | | the provisions set forth in this Act regarding the | 16 | | provision of a hearing for the revocation or suspension of | 17 | | a license. | 18 | | (6) To hear and determine appeals from orders of a | 19 | | local commission
in accordance with the provisions of this | 20 | | Act, as hereinafter set forth.
Hearings under this | 21 | | subsection shall be held in Springfield or Chicago,
at | 22 | | whichever location is the more convenient for the majority | 23 | | of persons
who are parties to the hearing.
| 24 | | (7) The State Commission commission shall establish | 25 | | uniform systems of accounts to be
kept by all retail | 26 | | licensees having more than 4 employees, and for this
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| 1 | | purpose the State Commission commission may classify all | 2 | | retail licensees having more
than 4 employees and establish | 3 | | a uniform system of accounts for each
class and prescribe | 4 | | the manner in which such accounts shall be kept.
The State | 5 | | Commission commission may also prescribe the forms of | 6 | | accounts to be kept by
all retail licensees having more | 7 | | than 4 employees, including but not
limited to accounts of | 8 | | earnings and expenses and any distribution,
payment, or | 9 | | other distribution of earnings or assets, and any other
| 10 | | forms, records and memoranda which in the judgment of the | 11 | | commission may
be necessary or appropriate to carry out any | 12 | | of the provisions of this
Act, including but not limited to | 13 | | such forms, records and memoranda as
will readily and | 14 | | accurately disclose at all times the beneficial
ownership | 15 | | of such retail licensed business. The accounts, forms,
| 16 | | records and memoranda shall be available at all reasonable | 17 | | times for
inspection by authorized representatives of the | 18 | | State Commission or by
any local liquor control | 19 | | commissioner or his or her authorized representative.
The | 20 | | commission, may, from time to time, alter, amend or repeal, | 21 | | in whole
or in part, any uniform system of accounts, or the | 22 | | form and manner of
keeping accounts.
| 23 | | (8) In the conduct of any hearing authorized to be held | 24 | | by the State Commission
commission , to appoint, at the | 25 | | commission's discretion, hearing officers
to conduct | 26 | | hearings involving complex issues or issues that will |
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| 1 | | require a
protracted period of time to resolve, to examine, | 2 | | or cause to be examined,
under oath, any licensee, and to | 3 | | examine or cause to be examined the books and
records
of | 4 | | such licensee; to hear testimony and take proof material | 5 | | for its
information in the discharge of its duties | 6 | | hereunder; to administer or
cause to be administered oaths; | 7 | | for any such purpose to issue
subpoena or subpoenas to | 8 | | require the attendance of witnesses and the
production of | 9 | | books, which shall be effective in any part of this State, | 10 | | and
to adopt rules to implement its powers under this | 11 | | paragraph (8).
| 12 | | Any circuit court may by order duly entered,
require | 13 | | the attendance of witnesses and the production of relevant | 14 | | books
subpoenaed by the State Commission and the court may | 15 | | compel
obedience to its order by proceedings for contempt.
| 16 | | (9) To investigate the administration of laws in | 17 | | relation to
alcoholic liquors in this and other states and | 18 | | any foreign countries,
and to recommend from time to time | 19 | | to the Governor and through him or
her to the legislature | 20 | | of this State, such amendments to this Act, if any, as
it | 21 | | may think desirable and as will serve to further the | 22 | | general broad
purposes contained in Section 1-2 hereof.
| 23 | | (10) To adopt such rules and regulations consistent | 24 | | with the
provisions of this Act which shall be necessary | 25 | | for the control, sale or
disposition of alcoholic liquor | 26 | | damaged as a result of an accident, wreck,
flood, fire or |
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| 1 | | other similar occurrence.
| 2 | | (11) To develop industry educational programs related | 3 | | to responsible
serving and selling, particularly in the | 4 | | areas of overserving consumers and
illegal underage | 5 | | purchasing and consumption of alcoholic beverages.
| 6 | | (11.1) To license persons providing education and | 7 | | training to alcohol
beverage sellers and servers for | 8 | | mandatory and non-mandatory training under the
Beverage | 9 | | Alcohol Sellers and Servers
Education and Training | 10 | | (BASSET) programs and to develop and administer a public
| 11 | | awareness program in Illinois to reduce or eliminate the | 12 | | illegal purchase and
consumption of alcoholic beverage | 13 | | products by persons under the age of 21.
Application for a | 14 | | license shall be made on forms provided by the State
| 15 | | Commission.
| 16 | | (12) To develop and maintain a repository of license | 17 | | and regulatory
information.
| 18 | | (13) (Blank).
| 19 | | (14) On or before April 30, 2008 and every 2 years
| 20 | | thereafter, the State Commission shall present a written
| 21 | | report to the Governor and the General Assembly that shall
| 22 | | be based on a study of the impact of Public Act 95-634 on | 23 | | the business of soliciting,
selling, and shipping wine from | 24 | | inside and outside of this
State directly to residents of | 25 | | this State. As part of its
report, the State Commission | 26 | | shall provide all of the
following information: |
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| 1 | | (A) The amount of State excise and sales tax
| 2 | | revenues generated. | 3 | | (B) The amount of licensing fees received. | 4 | | (C) The number of cases of wine shipped from inside
| 5 | | and outside of this State directly to residents of this
| 6 | | State. | 7 | | (D) The number of alcohol compliance operations
| 8 | | conducted. | 9 | | (E) The number of winery shipper's licenses
| 10 | | issued. | 11 | | (F) The number of each of the following: reported
| 12 | | violations; cease and desist notices issued by the
| 13 | | Commission; notices of violations issued by
the | 14 | | Commission and to the Department of Revenue;
and | 15 | | notices and complaints of violations to law
| 16 | | enforcement officials, including, without limitation,
| 17 | | the Illinois Attorney General and the U.S. Department
| 18 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 19 | | (15) As a means to reduce the underage consumption of
| 20 | | alcoholic liquors, the State Commission shall conduct
| 21 | | alcohol compliance operations to investigate whether
| 22 | | businesses that are soliciting, selling, and shipping wine
| 23 | | from inside or outside of this State directly to residents
| 24 | | of this State are licensed by this State or are selling or
| 25 | | attempting to sell wine to persons under 21 years of age in
| 26 | | violation of this Act. |
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| 1 | | (16) The State Commission shall, in addition to
| 2 | | notifying any appropriate law enforcement agency, submit
| 3 | | notices of complaints or violations of Sections 6-29 and
| 4 | | 6-29.1 by persons who do not hold a winery shipper's
| 5 | | license under this Act to the Illinois Attorney General and
| 6 | | to the U.S. Department of Treasury's Alcohol and Tobacco | 7 | | Tax and Trade Bureau. | 8 | | (17)(A) A person licensed to make wine under the laws | 9 | | of another state who has a winery shipper's license under | 10 | | this Act and annually produces less than 25,000 gallons of | 11 | | wine or a person who has a first-class or second-class wine | 12 | | manufacturer's license, a first-class or second-class | 13 | | wine-maker's license, or a limited wine manufacturer's | 14 | | license under this Act and annually produces less than | 15 | | 25,000 gallons of wine may make application to the | 16 | | Commission for a self-distribution exemption to allow the | 17 | | sale of not more than 5,000 gallons of the exemption | 18 | | holder's wine to retail licensees per year. | 19 | | (B) In the application, which shall be sworn under | 20 | | penalty of perjury, such person shall state (1) the date it | 21 | | was established; (2) its volume of production and sales for | 22 | | each year since its establishment; (3) its efforts to | 23 | | establish distributor relationships; (4) that a | 24 | | self-distribution exemption is necessary to facilitate the | 25 | | marketing of its wine; and (5) that it will comply with the | 26 | | liquor and revenue laws of the United States, this State, |
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| 1 | | and any other state where it is licensed. | 2 | | (C) The State Commission shall approve the application | 3 | | for a self-distribution exemption if such person: (1) is in | 4 | | compliance with State revenue and liquor laws; (2) is not a | 5 | | member of any affiliated group that produces more than | 6 | | 25,000 gallons of wine per annum or produces any other | 7 | | alcoholic liquor; (3) will not annually produce for sale | 8 | | more than 25,000 gallons of wine; and (4) will not annually | 9 | | sell more than 5,000 gallons of its wine to retail | 10 | | licensees. | 11 | | (D) A self-distribution exemption holder shall | 12 | | annually certify to the State Commission its production of | 13 | | wine in the previous 12 months and its anticipated | 14 | | production and sales for the next 12 months. The State | 15 | | Commission may fine, suspend, or revoke a | 16 | | self-distribution exemption after a hearing if it finds | 17 | | that the exemption holder has made a material | 18 | | misrepresentation in its application, violated a revenue | 19 | | or liquor law of Illinois, exceeded production of 25,000 | 20 | | gallons of wine in any calendar year, or become part of an | 21 | | affiliated group producing more than 25,000 gallons of wine | 22 | | or any other alcoholic liquor. | 23 | | (E) Except in hearings for violations of this Act or | 24 | | Public Act 95-634 or a bona fide investigation by duly | 25 | | sworn law enforcement officials, the State Commission, or | 26 | | its agents, the State Commission shall maintain the |
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| 1 | | production and sales information of a self-distribution | 2 | | exemption holder as confidential and shall not release such | 3 | | information to any person. | 4 | | (F) The State Commission shall issue regulations | 5 | | governing self-distribution exemptions consistent with | 6 | | this Section and this Act. | 7 | | (G) Nothing in this paragraph subsection (17) shall | 8 | | prohibit a self-distribution exemption holder from | 9 | | entering into or simultaneously having a distribution | 10 | | agreement with a licensed Illinois distributor. | 11 | | (H) It is the intent of this paragraph subsection (17) | 12 | | to promote and continue orderly markets. The General | 13 | | Assembly finds that in order to preserve Illinois' | 14 | | regulatory distribution system it is necessary to create an | 15 | | exception for smaller makers of wine as their wines are | 16 | | frequently adjusted in varietals, mixes, vintages, and | 17 | | taste to find and create market niches sometimes too small | 18 | | for distributor or importing distributor business | 19 | | strategies. Limited self-distribution rights will afford | 20 | | and allow smaller makers of wine access to the marketplace | 21 | | in order to develop a customer base without impairing the | 22 | | integrity of the 3-tier system.
| 23 | | (18)(A) A class 1 brewer licensee, who must also be | 24 | | either a licensed brewer or licensed non-resident dealer | 25 | | and annually manufacture less than 930,000 gallons of beer, | 26 | | may make application to the State Commission for a |
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| 1 | | self-distribution exemption to allow the sale of not more | 2 | | than 232,500 gallons of the exemption holder's beer per | 3 | | year to retail licensees and to brewers, class 1 brewers, | 4 | | and class 2 brewers that, pursuant to subsection (e) of | 5 | | Section 6-4 of this Act, sell beer, cider, or both beer and | 6 | | cider to non-licensees at their breweries. | 7 | | (B) In the application, which shall be sworn under | 8 | | penalty of perjury, the class 1 brewer licensee shall state | 9 | | (1) the date it was established; (2) its volume of beer | 10 | | manufactured and sold for each year since its | 11 | | establishment; (3) its efforts to establish distributor | 12 | | relationships; (4) that a self-distribution exemption is | 13 | | necessary to facilitate the marketing of its beer; and (5) | 14 | | that it will comply with the alcoholic beverage and revenue | 15 | | laws of the United States, this State, and any other state | 16 | | where it is licensed. | 17 | | (C) Any application submitted shall be posted on the | 18 | | State Commission's website at least 45 days prior to action | 19 | | by the State Commission. The State Commission shall approve | 20 | | the application for a self-distribution exemption if the | 21 | | class 1 brewer licensee: (1) is in compliance with the | 22 | | State, revenue, and alcoholic beverage laws; (2) is not a | 23 | | member of any affiliated group that manufactures more than | 24 | | 930,000 gallons of beer per annum or produces any other | 25 | | alcoholic beverages; (3) shall not annually manufacture | 26 | | for sale more than 930,000 gallons of beer; (4) shall not |
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| 1 | | annually sell more than 232,500 gallons of its beer to | 2 | | retail licensees or to brewers, class 1 brewers, and class | 3 | | 2 brewers that, pursuant to subsection (e) of Section 6-4 | 4 | | of this Act, sell beer, cider, or both beer and cider to | 5 | | non-licensees at their breweries; and (5) has relinquished | 6 | | any brew pub license held by the licensee, including any | 7 | | ownership interest it held in the licensed brew pub. | 8 | | (D) A self-distribution exemption holder shall | 9 | | annually certify to the State Commission its manufacture of | 10 | | beer during the previous 12 months and its anticipated | 11 | | manufacture and sales of beer for the next 12 months. The | 12 | | State Commission may fine, suspend, or revoke a | 13 | | self-distribution exemption after a hearing if it finds | 14 | | that the exemption holder has made a material | 15 | | misrepresentation in its application, violated a revenue | 16 | | or alcoholic beverage law of Illinois, exceeded the | 17 | | manufacture of 930,000 gallons of beer in any calendar year | 18 | | or became part of an affiliated group manufacturing more | 19 | | than 930,000 gallons of beer or any other alcoholic | 20 | | beverage. | 21 | | (E) The State Commission shall issue rules and | 22 | | regulations governing self-distribution exemptions | 23 | | consistent with this Act. | 24 | | (F) Nothing in this paragraph (18) shall prohibit a | 25 | | self-distribution exemption holder from entering into or | 26 | | simultaneously having a distribution agreement with a |
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| 1 | | licensed Illinois importing distributor or a distributor. | 2 | | If a self-distribution exemption holder enters into a | 3 | | distribution agreement and has assigned distribution | 4 | | rights to an importing distributor or distributor, then the | 5 | | self-distribution exemption holder's distribution rights | 6 | | in the assigned territories shall cease in a reasonable | 7 | | time not to exceed 60 days. | 8 | | (G) It is the intent of this paragraph (18) to promote | 9 | | and continue orderly markets. The General Assembly finds | 10 | | that in order to preserve Illinois' regulatory | 11 | | distribution system, it is necessary to create an exception | 12 | | for smaller manufacturers in order to afford and allow such | 13 | | smaller manufacturers of beer access to the marketplace in | 14 | | order to develop a customer base without impairing the | 15 | | integrity of the 3-tier system. | 16 | | (b) On or before April 30, 1999, the Commission shall | 17 | | present a written
report to the Governor and the General | 18 | | Assembly that shall be based on a study
of the impact of Public | 19 | | Act 90-739 on the business of soliciting,
selling, and shipping
| 20 | | alcoholic liquor from outside of this State directly to | 21 | | residents of this
State.
| 22 | | As part of its report, the Commission shall provide the | 23 | | following
information:
| 24 | | (i) the amount of State excise and sales tax revenues | 25 | | generated as a
result of Public Act 90-739;
| 26 | | (ii) the amount of licensing fees received as a result |
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| 1 | | of Public Act 90-739;
| 2 | | (iii) the number of reported violations, the number of | 3 | | cease and desist
notices issued by the Commission, the | 4 | | number of notices of violations issued
to the Department of | 5 | | Revenue, and the number of notices and complaints of
| 6 | | violations to law enforcement officials.
| 7 | | (Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | 8 | | 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff. | 9 | | 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18; | 10 | | revised 10-24-18.)
| 11 | | (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| 12 | | Sec. 8-2. Payments; reports. It is the duty of each | 13 | | manufacturer with respect to alcoholic
liquor produced or | 14 | | imported by such manufacturer, or purchased tax-free by
such | 15 | | manufacturer from another manufacturer or importing
| 16 | | distributor, and of each importing distributor as to alcoholic | 17 | | liquor
purchased by such importing distributor from foreign | 18 | | importers or from
anyone from any point in the United States | 19 | | outside of this State or
purchased tax-free from another | 20 | | manufacturer or importing
distributor, to pay the tax imposed | 21 | | by Section 8-1 to the
Department of Revenue on or before the | 22 | | 15th day of the calendar month
following the calendar month in | 23 | | which such alcoholic liquor is sold or used
by such | 24 | | manufacturer or by such importing distributor other than in an
| 25 | | authorized tax-free manner or to pay that tax electronically as |
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| 1 | | provided in
this Section.
| 2 | | Each manufacturer and each importing distributor shall
| 3 | | make payment under one of the following methods: (1) on or | 4 | | before the
15th day of each calendar month, file in person or | 5 | | by United States
first-class
mail, postage pre-paid,
with the | 6 | | Department of Revenue, on
forms prescribed and furnished by the | 7 | | Department, a report in writing in
such form as may be required | 8 | | by the Department in order to compute, and
assure the accuracy | 9 | | of, the tax due on all taxable sales and uses of
alcoholic | 10 | | liquor occurring during the preceding month. Payment of the tax
| 11 | | in the amount disclosed by the report shall accompany the | 12 | | report or, (2) on
or
before the 15th day of each calendar | 13 | | month, electronically file with the
Department of Revenue, on | 14 | | forms prescribed and furnished by the Department, an
electronic | 15 | | report in such form as may be required by the Department in | 16 | | order to
compute,
and assure the accuracy of, the tax due on | 17 | | all taxable sales and uses of
alcoholic liquor
occurring during | 18 | | the preceding month. An electronic payment of the tax in the
| 19 | | amount
disclosed by the report shall accompany the report. A | 20 | | manufacturer or
distributor who
files an electronic report and | 21 | | electronically pays the tax imposed pursuant to
Section 8-1
to | 22 | | the Department of Revenue on or before the 15th day of the | 23 | | calendar month
following
the calendar month in which such | 24 | | alcoholic liquor is sold or used by that
manufacturer or
| 25 | | importing distributor other than in an authorized tax-free | 26 | | manner shall pay to
the
Department the amount of the tax |
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| 1 | | imposed pursuant to Section 8-1, less a
discount
which is | 2 | | allowed to reimburse the manufacturer or importing distributor
| 3 | | for the
expenses incurred in keeping and maintaining records, | 4 | | preparing and filing the
electronic
returns, remitting the tax, | 5 | | and supplying data to the Department upon
request.
| 6 | | The discount shall be in an amount as follows:
| 7 | | (1) For original returns due on or after January 1, | 8 | | 2003 through
September 30, 2003, the discount shall be | 9 | | 1.75% or $1,250 per return, whichever
is less;
| 10 | | (2) For original returns due on or after October 1, | 11 | | 2003 through September
30, 2004, the discount shall be 2% | 12 | | or $3,000 per return, whichever is less; and
| 13 | | (3) For original returns due on or after October 1, | 14 | | 2004, the discount
shall
be 2% or $2,000 per return, | 15 | | whichever is less.
| 16 | | The Department may, if it deems it necessary in order to | 17 | | insure the
payment of the tax imposed by this Article, require | 18 | | returns to be made
more frequently than and covering periods of | 19 | | less than a month. Such return
shall contain such further | 20 | | information as the Department may reasonably
require.
| 21 | | It shall be presumed that all alcoholic liquors acquired or | 22 | | made by any
importing distributor or manufacturer have been | 23 | | sold or used by him in this
State and are the basis for the tax | 24 | | imposed by this Article unless proven,
to the satisfaction of | 25 | | the Department, that such alcoholic liquors are (1)
still in | 26 | | the possession of such importing distributor or manufacturer, |
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| 1 | | or
(2) prior to the termination of possession have been lost by | 2 | | theft or
through unintentional destruction, or (3) that such | 3 | | alcoholic liquors are
otherwise exempt from taxation under this | 4 | | Act.
| 5 | | If any payment provided for in this Section exceeds the | 6 | | manufacturer's or importing distributor's liabilities under | 7 | | this Act, as shown on an original report, the manufacturer or | 8 | | importing distributor may credit such excess payment against | 9 | | liability subsequently to be remitted to the Department under | 10 | | this Act, in accordance with reasonable rules adopted by the | 11 | | Department. If the Department subsequently determines that all | 12 | | or any part of the credit taken was not actually due to the | 13 | | manufacturer or importing distributor, the manufacturer's or | 14 | | importing distributor's discount shall be reduced by an amount | 15 | | equal to the difference between the discount as applied to the | 16 | | credit taken and that actually due, and the manufacturer or | 17 | | importing distributor shall be liable for penalties and | 18 | | interest on such difference. | 19 | | The Department may require any foreign importer to file | 20 | | monthly
information returns, by the 15th day of the month | 21 | | following the month which
any such return covers, if the | 22 | | Department determines this to be necessary
to the proper | 23 | | performance of the Department's functions and duties under
this | 24 | | Act. Such return shall contain such information as the | 25 | | Department may
reasonably require.
| 26 | | Every manufacturer and importing distributor , except for a
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| 1 | | manufacturer or importing distributor that in the preceding
| 2 | | year had less than $50,000 of tax liability under this Article, | 3 | | shall also file, with the
Department, a bond in an amount not | 4 | | less than $1,000 and not to exceed
$100,000 on a form to be | 5 | | approved by, and with a surety or sureties
satisfactory to, the | 6 | | Department. Such bond shall be conditioned upon the
| 7 | | manufacturer or importing distributor paying to the Department | 8 | | all monies
becoming due from such manufacturer or importing | 9 | | distributor under this
Article. The Department shall fix the | 10 | | penalty of such bond in each case,
taking into consideration | 11 | | the amount of alcoholic liquor expected to be
sold and used by | 12 | | such manufacturer or importing distributor, and the
penalty | 13 | | fixed by the Department shall be sufficient, in the | 14 | | Department's
opinion, to protect the State of Illinois against | 15 | | failure to pay any amount
due under this Article, but the | 16 | | amount of the penalty fixed by the
Department shall not exceed | 17 | | twice the amount of tax liability of a monthly
return, nor | 18 | | shall the amount of such penalty be less than $1,000. The
| 19 | | Department shall notify the State Commission of the | 20 | | Department's approval or
disapproval of any such | 21 | | manufacturer's or importing distributor's bond, or
of the | 22 | | termination or cancellation of any such bond, or of the | 23 | | Department's
direction to a manufacturer or importing | 24 | | distributor that he must file
additional bond in order to | 25 | | comply with this Section. The Commission shall
not issue a | 26 | | license to any applicant for a manufacturer's or importing
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| 1 | | distributor's license unless the Commission has received a | 2 | | notification
from the Department showing that such applicant | 3 | | has filed a satisfactory
bond with the Department hereunder and | 4 | | that such bond has been approved by
the Department. Failure by | 5 | | any licensed manufacturer or importing
distributor to keep a | 6 | | satisfactory bond in effect with the Department or to
furnish | 7 | | additional bond to the Department, when required hereunder by | 8 | | the
Department to do so, shall be grounds for the revocation or | 9 | | suspension of
such manufacturer's or importing distributor's | 10 | | license by the Commission.
If a manufacturer or importing | 11 | | distributor fails to pay any amount due
under this Article, his | 12 | | bond with the Department shall be deemed forfeited,
and the | 13 | | Department may institute a suit in its own name on such bond.
| 14 | | After notice and opportunity for a hearing the State | 15 | | Commission may
revoke or suspend the license of any | 16 | | manufacturer or importing distributor
who fails to comply with | 17 | | the provisions of this Section. Notice of such
hearing and the | 18 | | time and place thereof shall be in writing and shall
contain a | 19 | | statement of the charges against the licensee. Such notice may | 20 | | be
given by United States registered or certified mail with | 21 | | return receipt
requested, addressed to the person concerned at | 22 | | his last known address and
shall be given not less than 7 days | 23 | | prior to the date fixed for the
hearing. An order revoking or | 24 | | suspending a license under the provisions of
this Section may | 25 | | be reviewed in the manner provided in Section 7-10
of this Act. | 26 | | No new license shall be granted to a person
whose license has |
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| 1 | | been revoked for a violation of this Section or, in case
of | 2 | | suspension, shall such suspension be terminated until he has | 3 | | paid to the
Department all taxes and penalties which he owes | 4 | | the State under the
provisions of this Act.
| 5 | | Every manufacturer or importing distributor who has, as | 6 | | verified by
the Department, continuously complied with the | 7 | | conditions of the bond under
this Act for a period of 2 years | 8 | | shall be considered to be a prior
continuous compliance | 9 | | taxpayer. In determining the consecutive period of
time for | 10 | | qualification as a prior continuous compliance taxpayer, any
| 11 | | consecutive period of time of qualifying compliance | 12 | | immediately prior to
the effective date of this amendatory Act | 13 | | of 1987 shall be credited to any
manufacturer or importing | 14 | | distributor.
| 15 | | A manufacturer or importing distributor that is a prior | 16 | | continuous compliance taxpayer under this Section and becomes a | 17 | | successor as the result of an acquisition, merger, or | 18 | | consolidation of a manufacturer or importing distributor shall | 19 | | be deemed to be a prior continuous compliance taxpayer with | 20 | | respect to the acquired, merged, or consolidated entity.
| 21 | | Every prior continuous compliance taxpayer shall be exempt | 22 | | from the bond
requirements of this Act until the Department has | 23 | | determined the taxpayer
to be delinquent in the filing of any | 24 | | return or deficient in the payment of
any tax under this Act. | 25 | | Any taxpayer who fails to pay an admitted or
established | 26 | | liability under this Act may also be required to post bond or
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| 1 | | other acceptable security with the Department guaranteeing the | 2 | | payment of
such admitted or established liability.
| 3 | | The Department shall discharge any surety and shall release | 4 | | and return
any bond or security deposit assigned, pledged or | 5 | | otherwise provided to it
by a taxpayer under this Section | 6 | | within 30 days after: (1) such taxpayer
becomes a prior | 7 | | continuous compliance taxpayer; or (2) such taxpayer has
ceased | 8 | | to collect receipts on which he is required to remit tax to the
| 9 | | Department, has filed a final tax return, and has paid to the | 10 | | Department an
amount sufficient to discharge his remaining tax | 11 | | liability as determined by
the Department under this Act.
| 12 | | (Source: P.A. 100-1171, eff. 1-4-19.)
| 13 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| 14 | | Sec. 10-1. Violations; penalties. Whereas a substantial | 15 | | threat
to the sound and careful control, regulation, and | 16 | | taxation of the
manufacture, sale, and distribution of | 17 | | alcoholic liquors exists by virtue
of individuals who | 18 | | manufacture,
import, distribute, or sell alcoholic liquors | 19 | | within the State without
having first obtained a valid license | 20 | | to do so, and whereas such threat is
especially serious along | 21 | | the borders of this State, and whereas such threat
requires | 22 | | immediate correction by this Act, by active investigation and
| 23 | | prosecution by the State Commission, law enforcement | 24 | | officials , and prosecutors, and by prompt and
strict | 25 | | enforcement through the courts of this State to punish |
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| 1 | | violators and
to deter such conduct in the future:
| 2 | | (a) Any person who manufactures, imports
for distribution | 3 | | or use, transports from outside this State into this State, or | 4 | | distributes or sells 108 liters (28.53 gallons) or more of | 5 | | wine, 45 liters (11.88 gallons) or more of distilled spirits, | 6 | | or 118 liters (31.17 gallons) or more of beer at any
place | 7 | | within the State without having first obtained a valid license | 8 | | to do
so under the provisions of this Act shall be guilty of a | 9 | | Class 4 felony for each offense. However, any person who was | 10 | | duly licensed under this Act and whose license expired within | 11 | | 30 days prior to a violation shall be guilty of a business | 12 | | offense and fined not more than $1,000 for the first such | 13 | | offense and shall be guilty of a Class 4 felony for each | 14 | | subsequent offense.
| 15 | | Any person who manufactures, imports for distribution, | 16 | | transports from outside this State into this State for sale or | 17 | | resale in this State, or distributes or sells less than 108 | 18 | | liters (28.53 gallons) of wine, less than 45 liters (11.88 | 19 | | gallons) of distilled spirits, or less than 118 liters (31.17 | 20 | | gallons) of beer at any place within the State without having | 21 | | first obtained a valid license to do so under the provisions of | 22 | | this Act shall be guilty of a business offense and fined not | 23 | | more than $1,000 for the first such offense and shall be guilty | 24 | | of a Class 4 felony for each subsequent offense. This | 25 | | subsection does not apply to a motor carrier or freight | 26 | | forwarder, as defined in Section 13102 of Title 49 of the |
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| 1 | | United States Code, an air carrier, as defined in Section 40102 | 2 | | of Title 49 of the United States Code, or a rail carrier, as | 3 | | defined in Section 10102 of Title 49 of the United States Code. | 4 | | Any person who : (1) both has been issued an initial cease | 5 | | and desist notice from the State Commission ; and (2) for | 6 | | compensation , does any of the following: (i) ships alcoholic | 7 | | liquor into this State without a license authorized by Section | 8 | | 5-1 issued by the State Commission or in violation of that | 9 | | license ; or (ii) manufactures, imports for distribution, | 10 | | transports from outside this State into this State for sale or | 11 | | resale in this State, or distributes or sells alcoholic liquors | 12 | | at any place without having first obtained a valid license to | 13 | | do so is guilty of a Class 4 felony for each offense. | 14 | | (b) (1) Any retailer, caterer retailer, brew pub, special | 15 | | event retailer, special use permit holder, homebrewer special | 16 | | event permit holder, or craft distiller tasting permit holder | 17 | | who knowingly causes alcoholic liquors to be imported directly | 18 | | into the State of Illinois from outside of the State for the | 19 | | purpose of furnishing, giving, or selling to another, except | 20 | | when having received the product from a duly licensed | 21 | | distributor or importing distributor, licensed in this State, | 22 | | who knowingly causes to
furnish,
give, sell, or otherwise being | 23 | | within the State, any alcoholic liquor destined
to be used, | 24 | | distributed, consumed or sold in another state, unless such
| 25 | | alcoholic liquor was received in this State by a duly licensed | 26 | | distributor,
or importing distributors shall have his license |
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| 1 | | suspended for 30 7 days for
the first offense and for the | 2 | | second offense, shall have his license
revoked by the | 3 | | Commission.
| 4 | | (2) In the event the State Commission receives a certified | 5 | | copy of a final order
from a foreign jurisdiction that an | 6 | | Illinois retail licensee has been found to
have violated that | 7 | | foreign jurisdiction's laws, rules, or regulations
concerning | 8 | | the importation of alcoholic liquor into that foreign | 9 | | jurisdiction,
the violation may be grounds for the State | 10 | | Commission to revoke, suspend, or refuse
to
issue or renew a | 11 | | license, to impose a fine, or to take any additional action
| 12 | | provided by this Act with respect to the Illinois retail | 13 | | license or licensee.
Any such action on the part of the State | 14 | | Commission shall be in accordance with this
Act and | 15 | | implementing rules.
| 16 | | For the purposes of paragraph (2): (i) "foreign | 17 | | jurisdiction" means a
state, territory, or possession of the | 18 | | United States, the District of Columbia,
or the Commonwealth of | 19 | | Puerto Rico, and (ii) "final order" means an order or
judgment | 20 | | of a court or administrative body that determines the rights of | 21 | | the
parties respecting the subject matter of the proceeding, | 22 | | that remains in full
force and effect, and from which no appeal | 23 | | can be taken.
| 24 | | (c) Any person who shall make any false statement or | 25 | | otherwise
violates any of the provisions of this Act in | 26 | | obtaining any license
hereunder, or who having obtained a |
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| 1 | | license hereunder shall violate any
of the provisions of this | 2 | | Act with respect to the manufacture,
possession, distribution | 3 | | or sale of alcoholic liquor, or with respect to
the maintenance | 4 | | of the licensed premises, or shall violate any other
provision | 5 | | of this Act, shall for a first offense be guilty of a petty
| 6 | | offense and fined not more than $500, and for a second or | 7 | | subsequent
offense shall be guilty of a Class B misdemeanor.
| 8 | | (c-5) Any owner of an establishment that serves alcohol on | 9 | | its premises, if more than 50% of the establishment's gross | 10 | | receipts within the prior 3 months is from the sale of alcohol, | 11 | | who knowingly fails to prohibit concealed firearms on its | 12 | | premises or who knowingly makes a false statement or record to | 13 | | avoid the prohibition of concealed firearms on its premises | 14 | | under the Firearm Concealed Carry Act shall be guilty of a | 15 | | business offense with a fine up to $5,000. | 16 | | (d) Each day any person engages in business as a | 17 | | manufacturer,
foreign importer, importing distributor, | 18 | | distributor or retailer in
violation of the provisions of this | 19 | | Act shall constitute a separate offense.
| 20 | | (e) Any person, under the age of 21 years who, for the | 21 | | purpose
of buying, accepting or receiving alcoholic liquor from | 22 | | a
licensee, represents that he is 21 years of age or over shall | 23 | | be guilty
of a Class A misdemeanor.
| 24 | | (f) In addition to the penalties herein provided, any | 25 | | person
licensed as a wine-maker in either class who | 26 | | manufactures more wine than
authorized by his license shall be |
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| 1 | | guilty of a business offense and shall be
fined $1 for each | 2 | | gallon so manufactured.
| 3 | | (g) A person shall be exempt from prosecution for a | 4 | | violation of this
Act if he is a peace officer in the | 5 | | enforcement of the criminal laws and
such activity is approved | 6 | | in writing by one of the following:
| 7 | | (1) In all counties, the respective State's Attorney;
| 8 | | (2) The Director of State Police under
Section 2605-10, | 9 | | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | 10 | | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | 11 | | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | 12 | | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| 13 | | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 14 | | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| 15 | | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 16 | | Department of State
Police Law (20 ILCS 2605/2605-10, | 17 | | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | 18 | | 2605/2605-110, 2605/2605-115,
2605/2605-120, | 19 | | 2605/2605-130, 2605/2605-140, 2605/2605-190, | 20 | | 2605/2605-200,
2605/2605-205, 2605/2605-210, | 21 | | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 22 | | 2605/2605-300,
2605/2605-305, 2605/2605-315, | 23 | | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| 24 | | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| 25 | | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| 26 | | 2605/2605-400, 2605/2605-405, 2605/2605-420, |
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| 1 | | 2605/2605-430, 2605/2605-435,
2605/2605-500, | 2 | | 2605/2605-525, or 2605/2605-550); or
| 3 | | (3) In cities over 1,000,000, the Superintendent of | 4 | | Police.
| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17 .)
| 6 | | (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
| 7 | | Sec. 10-7.1.
The State Commission, upon receipt of a | 8 | | complaint or upon having
knowledge that any
person is engaged | 9 | | in the business as a manufacturer, importing distributor,
| 10 | | distributor , or retailer without a license or valid license, | 11 | | shall conduct an investigation. If, after conducting an | 12 | | investigation, the State Commission is satisfied that the | 13 | | alleged conduct occurred or is occurring, it may issue a cease | 14 | | and desist notice as provided in this Act, issue civil | 15 | | penalties as provided in this Act, notify
the Department of | 16 | | Revenue and the local liquor authority, or and file a
complaint | 17 | | with the State's Attorney's
Office of the County where the | 18 | | incident occurred or with the Attorney General initiate an
| 19 | | investigation with the appropriate
law enforcement officials .
| 20 | | (Source: P.A. 90-739, eff. 8-13-98.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law, except that the changes to Section 8-2 of the | 23 | | Liquor Control Act of 1934 take effect
upon becoming law.".
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