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91_HB1700sam001
LRB9103063LDmbam04
1 AMENDMENT TO HOUSE BILL 1700
2 AMENDMENT NO. . Amend House Bill 1700 on page 1,
3 line 2, by replacing "Section" with "Sections 3-12 and"; and
4 on page 1, line 6, by replacing "Section" with "Sections 3-12
5 and"; and
6 on page 1, by inserting the following immediately after line
7 6:
8 "(235 ILCS 5/3-12) (from Ch. 43, par. 108)
9 Sec. 3-12. (a) The State commission shall have the
10 following powers, functions and duties:
11 (1) To receive applications and to issue licenses to
12 manufacturers, foreign importers, importing distributors,
13 distributors, non-resident dealers, on premise consumption
14 retailers, off premise sale retailers, special event retailer
15 licensees, special use permit licenses, auction liquor
16 licenses, brew pubs, caterer retailers, non-beverage users,
17 railroads, including owners and lessees of sleeping, dining
18 and cafe cars, airplanes, boats, brokers, and wine maker's
19 retail licensees in accordance with the provisions of this
20 Act, and to suspend or revoke such licenses upon the State
21 commission's determination, upon notice after hearing, that a
22 licensee has violated any provision of this Act or any rule
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1 or regulation issued pursuant thereto and in effect for 30
2 days prior to such violation.
3 In lieu of suspending or revoking a license, the
4 commission may impose a fine, upon the State commission's
5 determination and notice after hearing, that a licensee has
6 violated any provision of this Act or any rule or regulation
7 issued pursuant thereto and in effect for 30 days prior to
8 such violation. The fine imposed under this paragraph may
9 not exceed $500 for each violation. Each day that the
10 activity, which gave rise to the original fine, continues is
11 a separate violation. The maximum fine that may be levied
12 against any licensee, for the period of the license, shall
13 not exceed $20,000. The maximum penalty that may be imposed
14 on a licensee for selling a bottle of alcoholic liquor with a
15 foreign object in it or serving from a bottle of alcoholic
16 liquor with a foreign object in it shall be the destruction
17 of that bottle of alcoholic liquor for the first 10 bottles
18 so sold or served from by the licensee. For the eleventh
19 bottle of alcoholic liquor and for each third bottle
20 thereafter sold or served from by the licensee with a foreign
21 object in it, the maximum penalty that may be imposed on the
22 licensee is the destruction of the bottle of alcoholic liquor
23 and a fine of up to $50.
24 (2) To adopt such rules and regulations consistent with
25 the provisions of this Act which shall be necessary to carry
26 on its functions and duties to the end that the health,
27 safety and welfare of the People of the State of Illinois
28 shall be protected and temperance in the consumption of
29 alcoholic liquors shall be fostered and promoted and to
30 distribute copies of such rules and regulations to all
31 licensees affected thereby.
32 (3) To call upon other administrative departments of the
33 State, county and municipal governments, county and city
34 police departments and upon prosecuting officers for such
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1 information and assistance as it deems necessary in the
2 performance of its duties.
3 (4) To recommend to local commissioners rules and
4 regulations, not inconsistent with the law, for the
5 distribution and sale of alcoholic liquors throughout the
6 State.
7 (5) To inspect, or cause to be inspected, any premises
8 in this State where alcoholic liquors are manufactured,
9 distributed, warehoused, or sold.
10 (5.1) Upon receipt of a complaint or upon having
11 knowledge that any person is engaged in business as a
12 manufacturer, importing distributor, distributor, or retailer
13 without a license or valid license, to notify the local
14 liquor authority, file a complaint with the State's
15 Attorney's Office of the county where the incident occurred,
16 or initiate an investigation with the appropriate law
17 enforcement officials.
18 (5.2) To issue a cease and desist notice to persons
19 shipping alcoholic liquor into this State from a point
20 outside of this State if the shipment is in violation of this
21 Act.
22 (5.3) To receive complaints from licensees, local
23 officials, law enforcement agencies, organizations, and
24 persons stating that any licensee has been or is violating
25 any provision of this Act or the rules and regulations issued
26 pursuant to this Act. Such complaints shall be in writing,
27 signed and sworn to by the person making the complaint, and
28 shall state with specificity the facts in relation to the
29 alleged violation. If the Commission has reasonable grounds
30 to believe that the complaint substantially alleges a
31 violation of this Act or rules and regulations adopted
32 pursuant to this Act, it shall conduct an investigation. If,
33 after conducting an investigation, the Commission is
34 satisfied that the alleged violation did occur, it shall
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1 proceed with disciplinary action against the licensee as
2 provided in this Act.
3 (6) To hear and determine appeals from orders of a local
4 commission in accordance with the provisions of this Act, as
5 hereinafter set forth. Hearings under this subsection shall
6 be held in Springfield or Chicago, at whichever location is
7 the more convenient for the majority of persons who are
8 parties to the hearing.
9 (7) The commission shall establish uniform systems of
10 accounts to be kept by all retail licensees having more than
11 4 employees, and for this purpose the commission may classify
12 all retail licensees having more than 4 employees and
13 establish a uniform system of accounts for each class and
14 prescribe the manner in which such accounts shall be kept.
15 The commission may also prescribe the forms of accounts to be
16 kept by all retail licensees having more than 4 employees,
17 including but not limited to accounts of earnings and
18 expenses and any distribution, payment, or other distribution
19 of earnings or assets, and any other forms, records and
20 memoranda which in the judgment of the commission may be
21 necessary or appropriate to carry out any of the provisions
22 of this Act, including but not limited to such forms, records
23 and memoranda as will readily and accurately disclose at all
24 times the beneficial ownership of such retail licensed
25 business. The accounts, forms, records and memoranda shall
26 be available at all reasonable times for inspection by
27 authorized representatives of the State commission or by any
28 local liquor control commissioner or his or her authorized
29 representative. The commission, may, from time to time,
30 alter, amend or repeal, in whole or in part, any uniform
31 system of accounts, or the form and manner of keeping
32 accounts.
33 (8) In the conduct of any hearing authorized to be held
34 by the commission, to examine, or cause to be examined, under
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1 oath, any licensee, and to examine or cause to be examined
2 the books and records of such licensee; to hear testimony and
3 take proof material for its information in the discharge of
4 its duties hereunder; to administer or cause to be
5 administered oaths; and for any such purpose to issue
6 subpoena or subpoenas to require the attendance of witnesses
7 and the production of books, which shall be effective in any
8 part of this State.
9 Any Circuit Court may by order duly entered, require the
10 attendance of witnesses and the production of relevant books
11 subpoenaed by the State commission and the court may compel
12 obedience to its order by proceedings for contempt.
13 (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 to
16 the Governor and through him or her to the legislature of
17 this State, such amendments to this Act, if any, as it may
18 think desirable and as will serve to further the general
19 broad purposes contained in Section 1-2 hereof.
20 (10) To adopt such rules and regulations consistent with
21 the provisions of this Act which shall be necessary for the
22 control, sale or disposition of alcoholic liquor damaged as a
23 result of an accident, wreck, flood, fire or other similar
24 occurrence.
25 (11) To develop industry educational programs related to
26 responsible serving and selling, particularly in the areas of
27 overserving consumers and illegal underage purchasing and
28 consumption of alcoholic beverages.
29 (12) To develop and maintain a repository of license and
30 regulatory information.
31 (13) On or before January 15, 1994, the Commission shall
32 issue a written report to the Governor and General Assembly
33 that is to be based on a comprehensive study of the impact on
34 and implications for the State of Illinois of Section 1926 of
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1 the Federal ADAMHA Reorganization Act of 1992 (Public Law
2 102-321). This study shall address the extent to which
3 Illinois currently complies with the provisions of P.L.
4 102-321 and the rules promulgated pursuant thereto.
5 As part of its report, the Commission shall provide the
6 following essential information:
7 (i) the number of retail distributors of tobacco
8 products, by type and geographic area, in the State;
9 (ii) the number of reported citations and
10 successful convictions, categorized by type and location
11 of retail distributor, for violation of the Sale of
12 Tobacco to Minors Act and the Smokeless Tobacco
13 Limitation Act;
14 (iii) the extent and nature of organized
15 educational and governmental activities that are intended
16 to promote, encourage or otherwise secure compliance with
17 any Illinois laws that prohibit the sale or distribution
18 of tobacco products to minors; and
19 (iv) the level of access and availability of
20 tobacco products to individuals under the age of 18.
21 To obtain the data necessary to comply with the
22 provisions of P.L. 102-321 and the requirements of this
23 report, the Commission shall conduct random, unannounced
24 inspections of a geographically and scientifically
25 representative sample of the State's retail tobacco
26 distributors.
27 The Commission shall consult with the Department of
28 Public Health, the Department of Human Services, the Illinois
29 State Police and any other executive branch agency, and
30 private organizations that may have information relevant to
31 this report.
32 The Commission may contract with the Food and Drug
33 Administration of the U.S. Department of Health and Human
34 Services to conduct unannounced investigations of Illinois
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1 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.
4 (b) On or before April 30, 1999, the Commission shall
5 present a written report to the Governor and the General
6 Assembly that shall be based on a study of the impact of this
7 amendatory Act of 1998 on the business of soliciting,
8 selling, and shipping alcoholic liquor from outside of this
9 State directly to residents of this State.
10 As part of its report, the Commission shall provide the
11 following information:
12 (i) the amount of State excise and sales tax
13 revenues generated as a result of this amendatory Act of
14 1998;
15 (ii) the amount of licensing fees received as a
16 result of this amendatory Act of 1998;
17 (iii) the number of reported violations, the number
18 of cease and desist notices issued by the Commission, the
19 number of notices of violations issued to the Department
20 of Revenue, and the number of notices and complaints of
21 violations to law enforcement officials.
22 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
23 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)".