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91_HB1700
LRB9103063LDmb
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 3-12 and 7-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Sections 3-12 and 7-6 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 Sec. 3-12. (a) The State commission shall have the
9 following powers, 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 retailer
14 licensees, special use permit licenses, auction liquor
15 licenses, brew pubs, caterer retailers, non-beverage users,
16 railroads, including owners and lessees of sleeping, dining
17 and cafe cars, airplanes, boats, brokers, and wine maker's
18 retail licensees in accordance with the provisions of this
19 Act, and to suspend or revoke such licenses upon the State
20 commission's determination, upon notice after hearing, that a
21 licensee has violated any provision of this Act or any rule
22 or regulation issued pursuant thereto and in effect for 30
23 days prior to such violation.
24 In lieu of suspending or revoking a license, the
25 commission may impose a fine, upon the State commission's
26 determination and notice after hearing, that a licensee has
27 violated any provision of this Act or any rule or regulation
28 issued pursuant thereto and in effect for 30 days prior to
29 such violation. The fine imposed under this paragraph may
30 not exceed $500 for each violation. Each day that the
31 activity, which gave rise to the original fine, continues is
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1 a separate violation. The maximum fine that may be levied
2 against any licensee, for the period of the license, shall
3 not exceed $20,000. The maximum penalty that may be imposed
4 on a licensee for selling a bottle of alcoholic liquor with a
5 foreign object in it or serving from a bottle of alcoholic
6 liquor with a foreign object in it shall be the destruction
7 of that bottle of alcoholic liquor for the first 10 bottles
8 so sold or served from by the licensee. For the eleventh
9 bottle of alcoholic liquor and for each third bottle
10 thereafter sold or served from by the licensee with a foreign
11 object in it, the maximum penalty that may be imposed on the
12 licensee is the destruction of the bottle of alcoholic liquor
13 and a fine of up to $50.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 in this State where alcoholic liquors are manufactured,
33 distributed, warehoused, or sold.
34 (5.1) Upon receipt of a complaint or upon having
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1 knowledge that any person is engaged in business as a
2 manufacturer, importing distributor, distributor, or retailer
3 without a license or valid license, to notify the local
4 liquor authority, file a complaint with the State's
5 Attorney's Office of the county where the incident occurred,
6 or initiate an investigation with the appropriate law
7 enforcement officials.
8 (5.2) To issue a cease and desist notice to persons
9 shipping alcoholic liquor into this State from a point
10 outside of this State if the shipment is in violation of this
11 Act.
12 (6) To hear and determine appeals from orders of a local
13 commission in accordance with the provisions of this Act, as
14 hereinafter set forth. Hearings under this subsection shall
15 be held in Springfield or Chicago, at whichever location is
16 the more convenient for the majority of persons who are
17 parties to the hearing.
18 (7) The commission shall establish uniform systems of
19 accounts to be kept by all retail licensees having more than
20 4 employees, and for this purpose the commission may classify
21 all retail licensees having more than 4 employees and
22 establish a uniform system of accounts for each class and
23 prescribe the manner in which such accounts shall be kept.
24 The commission may also prescribe the forms of accounts to be
25 kept by all retail licensees having more than 4 employees,
26 including but not limited to accounts of earnings and
27 expenses and any distribution, payment, or other distribution
28 of earnings or assets, and any other forms, records and
29 memoranda which in the judgment of the commission may be
30 necessary or appropriate to carry out any of the provisions
31 of this Act, including but not limited to such forms, records
32 and memoranda as will readily and accurately disclose at all
33 times the beneficial ownership of such retail licensed
34 business. The accounts, forms, records and memoranda shall
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1 be available at all reasonable times for inspection by
2 authorized representatives of the State commission or by any
3 local liquor control commissioner or his or her authorized
4 representative. The commission, may, from time to time,
5 alter, amend or repeal, in whole or in part, any uniform
6 system of accounts, or the form and manner of keeping
7 accounts.
8 (8) In the conduct of any hearing authorized to be held
9 by the commission, to examine, or cause to be examined, under
10 oath, any licensee, and to examine or cause to be examined
11 the books and records of such licensee; to hear testimony and
12 take proof material for its information in the discharge of
13 its duties hereunder; to administer or cause to be
14 administered oaths; and for any such purpose to issue
15 subpoena or subpoenas to require the attendance of witnesses
16 and the production of books, which shall be effective in any
17 part of this State.
18 Any Circuit Court may by order duly entered, require the
19 attendance of witnesses and the production of relevant books
20 subpoenaed by the State commission and the court may compel
21 obedience to its order by proceedings for contempt.
22 (9) To investigate the administration of laws in
23 relation to alcoholic liquors in this and other states and
24 any foreign countries, and to recommend from time to time to
25 the Governor and through him or her to the legislature of
26 this State, such amendments to this Act, if any, as it may
27 think desirable and as will serve to further the general
28 broad purposes contained in Section 1-2 hereof.
29 (10) To adopt such rules and regulations consistent with
30 the provisions of this Act which shall be necessary for the
31 control, sale or disposition of alcoholic liquor damaged as a
32 result of an accident, wreck, flood, fire or other similar
33 occurrence.
34 (11) To develop industry educational programs related to
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1 responsible serving and selling, particularly in the areas of
2 overserving consumers and illegal underage purchasing and
3 consumption of alcoholic beverages.
4 (12) To develop and maintain a repository of license and
5 regulatory information.
6 (13) On or before January 15, 1994, the Commission shall
7 issue a written report to the Governor and General Assembly
8 that is to be based on a comprehensive study of the impact on
9 and implications for the State of Illinois of Section 1926 of
10 the Federal ADAMHA Reorganization Act of 1992 (Public Law
11 102-321). This study shall address the extent to which
12 Illinois currently complies with the provisions of P.L.
13 102-321 and the rules promulgated pursuant thereto.
14 As part of its report, the Commission shall provide the
15 following essential information:
16 (i) the number of retail distributors of tobacco
17 products, by type and geographic area, in the State;
18 (ii) the number of reported citations and
19 successful convictions, categorized by type and location
20 of retail distributor, for violation of the Sale of
21 Tobacco to Minors Act and the Smokeless Tobacco
22 Limitation Act;
23 (iii) the extent and nature of organized
24 educational and governmental activities that are intended
25 to promote, encourage or otherwise secure compliance with
26 any Illinois laws that prohibit the sale or distribution
27 of tobacco products to minors; and
28 (iv) the level of access and availability of
29 tobacco products to individuals under the age of 18.
30 To obtain the data necessary to comply with the
31 provisions of P.L. 102-321 and the requirements of this
32 report, the Commission shall conduct random, unannounced
33 inspections of a geographically and scientifically
34 representative sample of the State's retail tobacco
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1 distributors.
2 The Commission shall consult with the Department of
3 Public Health, the Department of Human Services, the Illinois
4 State Police and any other executive branch agency, and
5 private organizations that may have information relevant to
6 this report.
7 The Commission may contract with the Food and Drug
8 Administration of the U.S. Department of Health and Human
9 Services to conduct unannounced investigations of Illinois
10 tobacco vendors to determine compliance with federal laws
11 relating to the illegal sale of cigarettes and smokeless
12 tobacco products to persons under the age of 18.
13 (b) On or before April 30, 1999, and annually
14 thereafter, the Commission shall present a written report to
15 the Governor and the General Assembly that shall be based on
16 a study of the impact of Public this amendatory Act 90-739 of
17 1998 on the business of soliciting, selling, and shipping
18 alcoholic liquor from outside of this State directly to
19 residents of this State.
20 As part of its report, the Commission shall provide the
21 following information:
22 (i) the amount of State excise and sales tax
23 revenues generated as a result of this amendatory Act of
24 1998;
25 (ii) the amount of licensing fees received as a
26 result of this amendatory Act of 1998;
27 (iii) the number of reported violations, the number
28 of cease and desist notices issued by the Commission, the
29 number of notices of violations issued to the Department
30 of Revenue, and the number of notices and complaints of
31 violations to law enforcement officials.
32 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
33 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)
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1 (235 ILCS 5/7-6) (from Ch. 43, par. 150)
2 Sec. 7-6. All proceedings for the revocation or
3 suspension of licenses of manufacturers, distributors,
4 importing distributors, non-resident dealers, foreign
5 importers, non-beverage users, railroads, airplanes and boats
6 shall be before the State Commission. All such proceedings
7 and all proceedings for the revocation or suspension of a
8 retailer's license before the State commission shall be in
9 accordance with rules and regulations established by it not
10 inconsistent with law. However, no such license shall be so
11 revoked or suspended except after a hearing by the State
12 commission with reasonable notice to the licensee served by
13 registered or certified mail with return receipt requested at
14 least 20 5 days prior to the hearings at the last known place
15 of business of the licensee and after an opportunity to
16 appear and defend. Such notice shall be mailed no later than
17 60 days after the issuance of the citation for violation and
18 shall specify the time and place of the hearing, and the
19 nature of the charges, the specific provisions of the Act and
20 rules violated, and the specific facts supporting the charges
21 or violation. The findings of the Commission shall be
22 predicated upon competent evidence. The revocation of a local
23 license shall automatically result in the revocation of a
24 State license. All procedures for the suspension or
25 revocation of a license, as enumerated above, are applicable
26 to the levying of fines for violations of this Act or any
27 rule or regulation issued pursuant thereto.
28 (Source: P.A. 82-783.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.