Illinois General Assembly - Full Text of SB0218
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Full Text of SB0218  93rd General Assembly

SB0218sam002 93rd General Assembly


093_SB0218sam002

 










                                     LRB093 06404 LRD 12118 a

 1                    AMENDMENT TO SENATE BILL 218

 2        AMENDMENT NO.     .  Amend Senate Bill 218  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 Section 3-12 as follows:

 6        (235 ILCS 5/3-12) (from Ch. 43, par. 108)
 7        Sec. 3-12.  Powers and duties of State Commission.
 8        (a)  The   State  commission  shall  have  the  following
 9    powers, functions and duties:
10             (1)  To receive applications and to  issue  licenses
11        to    manufacturers,    foreign    importers,   importing
12        distributors,  distributors,  non-resident  dealers,   on
13        premise   consumption   retailers,   off   premise   sale
14        retailers,  special event retailer licensees, special use
15        permit licenses,  auction  liquor  licenses,  brew  pubs,
16        caterer   retailers,   non-beverage   users,   railroads,
17        including owners and lessees of sleeping, dining and cafe
18        cars,   airplanes,   boats,  brokers,  and  wine  maker's
19        premises licensees in accordance with the  provisions  of
20        this Act, and to suspend or revoke such licenses upon the
21        State   commission's  determination,  upon  notice  after
22        hearing, that a licensee has violated  any  provision  of
 
                            -2-      LRB093 06404 LRD 12118 a
 1        this  Act  or  any  rule  or  regulation  issued pursuant
 2        thereto  and  in  effect  for  30  days  prior  to   such
 3        violation.
 4             In  lieu  of  suspending  or revoking a license, the
 5        commission  may  issue   a   warning   based   upon   the
 6        administrative  procedures  adopted  by the Commission or
 7        may  impose  a  fine,   upon   the   State   commission's
 8        determination  and  notice after hearing, that a licensee
 9        has violated any provision of this Act  or  any  rule  or
10        regulation  issued  pursuant thereto and in effect for 30
11        days prior to such violation.   The  fine  imposed  under
12        this  paragraph  may  not exceed $500 for each violation.
13        Each day that  the  activity,  which  gave  rise  to  the
14        original  fine,  continues  is a separate violation.  The
15        maximum fine that may be levied against any licensee, for
16        the period of the license, shall not exceed $20,000.  The
17        maximum  penalty  that  may  be imposed on a licensee for
18        selling a bottle  of  alcoholic  liquor  with  a  foreign
19        object in it or serving from a bottle of alcoholic liquor
20        with  a  foreign object in it shall be the destruction of
21        that bottle of alcoholic liquor for the first 10  bottles
22        so sold or served from by the licensee.  For the eleventh
23        bottle  of  alcoholic  liquor  and  for each third bottle
24        thereafter sold or served from by  the  licensee  with  a
25        foreign  object  in  it,  the maximum penalty that may be
26        imposed on the licensee is the destruction of the  bottle
27        of alcoholic liquor and a fine of up to $50.
28             (2)  To  adopt such rules and regulations consistent
29        with the provisions of this Act which shall be  necessary
30        to  carry on its functions and duties to the end that the
31        health, safety and welfare of the People of the State  of
32        Illinois   shall  be  protected  and  temperance  in  the
33        consumption of alcoholic liquors shall  be  fostered  and
34        promoted  and  to  distribute  copies  of  such rules and
 
                            -3-      LRB093 06404 LRD 12118 a
 1        regulations to all licensees affected thereby.
 2             (3)  To call upon other  administrative  departments
 3        of  the  State,  county and municipal governments, county
 4        and city police departments and upon prosecuting officers
 5        for such information and assistance as it deems necessary
 6        in the performance of its duties.
 7             (4)  To recommend to local commissioners  rules  and
 8        regulations,  not  inconsistent  with  the  law,  for the
 9        distribution and sale of alcoholic liquors throughout the
10        State.
11             (5)  To inspect,  or  cause  to  be  inspected,  any
12        premises  in  this  State  where  alcoholic  liquors  are
13        manufactured, distributed, warehoused, or sold.
14             (5.1)  Upon  receipt  of  a complaint or upon having
15        knowledge that any person is engaged  in  business  as  a
16        manufacturer,   importing  distributor,  distributor,  or
17        retailer without a license or valid  license,  to  notify
18        the  local  liquor  authority,  file a complaint with the
19        State's  Attorney's  Office  of  the  county  where   the
20        incident  occurred, or initiate an investigation with the
21        appropriate law enforcement officials.
22             (5.2)  To issue a cease and desist notice to persons
23        shipping alcoholic liquor into this State  from  a  point
24        outside  of this State if the shipment is in violation of
25        this Act.
26             (5.3)  To receive complaints from  licensees,  local
27        officials,  law  enforcement agencies, organizations, and
28        persons  stating  that  any  licensee  has  been  or   is
29        violating  any  provision  of  this  Act or the rules and
30        regulations issued pursuant to this Act.  Such complaints
31        shall be in writing, signed and sworn to  by  the  person
32        making  the  complaint,  and shall state with specificity
33        the facts in relation to the alleged violation.   If  the
34        Commission  has  reasonable  grounds  to believe that the
 
                            -4-      LRB093 06404 LRD 12118 a
 1        complaint substantially alleges a violation of  this  Act
 2        or rules and regulations adopted pursuant to this Act, it
 3        shall  conduct an investigation.  If, after conducting an
 4        investigation,  the  Commission  is  satisfied  that  the
 5        alleged  violation  did  occur,  it  shall  proceed  with
 6        disciplinary action against the licensee as  provided  in
 7        this Act.
 8             (6)  To  hear and determine appeals from orders of a
 9        local commission in accordance  with  the  provisions  of
10        this  Act,  as hereinafter set forth. Hearings under this
11        subsection shall be held in Springfield  or  Chicago,  at
12        whichever   location  is  the  more  convenient  for  the
13        majority of persons who are parties to the hearing.
14             (7)  The commission shall establish uniform  systems
15        of  accounts  to  be  kept by all retail licensees having
16        more  than  4  employees,  and  for  this   purpose   the
17        commission  may classify all retail licensees having more
18        than 4  employees  and  establish  a  uniform  system  of
19        accounts for each class and prescribe the manner in which
20        such  accounts  shall  be  kept.  The commission may also
21        prescribe the forms of accounts to be kept by all  retail
22        licensees having more than 4 employees, including but not
23        limited  to  accounts  of  earnings  and expenses and any
24        distribution, payment, or other distribution of  earnings
25        or  assets,  and  any  other forms, records and memoranda
26        which in the judgment of the commission may be  necessary
27        or appropriate to carry out any of the provisions of this
28        Act, including but not limited to such forms, records and
29        memoranda  as will readily and accurately disclose at all
30        times the beneficial ownership of  such  retail  licensed
31        business.   The  accounts,  forms,  records and memoranda
32        shall be available at all reasonable times for inspection
33        by authorized representatives of the State commission  or
34        by  any  local  liquor control commissioner or his or her
 
                            -5-      LRB093 06404 LRD 12118 a
 1        authorized representative. The commission, may, from time
 2        to time, alter, amend or repeal, in whole or in part, any
 3        uniform system of accounts, or the  form  and  manner  of
 4        keeping accounts.
 5             (8)  In  the conduct of any hearing authorized to be
 6        held by the commission, to appoint, at  the  commission's
 7        discretion,   hearing   officers   to   conduct  hearings
 8        involving complex issues or issues that  will  require  a
 9        protracted  period  of  time  to  resolve, to examine, or
10        cause to be examined, under oath, any  licensee,  and  to
11        examine  or cause to be examined the books and records of
12        such licensee; to hear testimony and take proof  material
13        for  its  information  in  the  discharge  of  its duties
14        hereunder; to administer  or  cause  to  be  administered
15        oaths;   for  any  such  purpose  to  issue  subpoena  or
16        subpoenas to require the attendance of witnesses and  the
17        production of books, which shall be effective in any part
18        of this State, and to adopt rules to implement its powers
19        under this paragraph (8).
20             Any Circuit Court may by order duly entered, require
21        the   attendance  of  witnesses  and  the  production  of
22        relevant books subpoenaed by the State commission and the
23        court may compel obedience to its  order  by  proceedings
24        for contempt.
25             (9)  To  investigate  the  administration of laws in
26        relation to alcoholic liquors in this  and  other  states
27        and  any foreign countries, and to recommend from time to
28        time to the Governor  and  through  him  or  her  to  the
29        legislature  of  this State, such amendments to this Act,
30        if any, as it may think desirable and as  will  serve  to
31        further  the  general broad purposes contained in Section
32        1-2 hereof.
33             (10)  To adopt such rules and regulations consistent
34        with the provisions of this Act which shall be  necessary
 
                            -6-      LRB093 06404 LRD 12118 a
 1        for  the control, sale or disposition of alcoholic liquor
 2        damaged as a result of an accident, wreck, flood, fire or
 3        other similar occurrence.
 4             (11)  To  develop  industry   educational   programs
 5        related  to responsible serving and selling, particularly
 6        in  the  areas  of  overserving  consumers  and   illegal
 7        underage   purchasing   and   consumption   of  alcoholic
 8        beverages.
 9             (11.1)  To license persons providing  education  and
10        training  to  alcohol  beverage sellers and servers under
11        the Beverage Alcohol Sellers and  Servers  Education  and
12        Training  (BASSET) programs and to develop and administer
13        a public awareness  program  in  Illinois  to  reduce  or
14        eliminate   the   illegal  purchase  and  consumption  of
15        alcoholic beverage products by persons under the  age  of
16        21.  Application  for  a  license  shall be made on forms
17        provided by the State Commission.
18             (12)  To  develop  and  maintain  a  repository   of
19        license and regulatory information.
20             (13)  On  or before January 15, 1994, the Commission
21        shall issue a written report to the Governor and  General
22        Assembly  that is to be based on a comprehensive study of
23        the impact on and implications for the State of  Illinois
24        of  Section 1926 of the Federal ADAMHA Reorganization Act
25        of 1992 (Public Law 102-321).  This study  shall  address
26        the  extent to which Illinois currently complies with the
27        provisions of P.L.  102-321  and  the  rules  promulgated
28        pursuant thereto.
29             As  part of its report, the Commission shall provide
30        the following essential information:
31                  (i)  the  number  of  retail  distributors   of
32             tobacco  products,  by  type and geographic area, in
33             the State;
34                  (ii)  the  number  of  reported  citations  and
 
                            -7-      LRB093 06404 LRD 12118 a
 1             successful  convictions,  categorized  by  type  and
 2             location of retail distributor, for violation of the
 3             Sale of Tobacco to  Minors  Act  and  the  Smokeless
 4             Tobacco Limitation Act;
 5                  (iii)  the   extent  and  nature  of  organized
 6             educational and  governmental  activities  that  are
 7             intended  to  promote, encourage or otherwise secure
 8             compliance with any Illinois laws that prohibit  the
 9             sale  or distribution of tobacco products to minors;
10             and
11                  (iv)  the level of access and  availability  of
12             tobacco products to individuals under the age of 18.
13        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.
19        The Commission  shall  consult  with  the  Department  of
20    Public Health, the Department of Human Services, the Illinois
21    State  Police  and  any  other  executive  branch agency, and
22    private organizations that may have information  relevant  to
23    this report.
24        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
27    tobacco vendors to determine  compliance  with  federal  laws
28    relating  to  the  illegal  sale  of cigarettes and smokeless
29    tobacco products to persons under the age of 18.
30        (b)  On or before April 30, 1999,  the  Commission  shall
31    present  a  written  report  to  the Governor and the General
32    Assembly that shall be based on a study of the impact of this
33    amendatory  Act  of  1998  on  the  business  of  soliciting,
34    selling, and shipping alcoholic liquor from outside  of  this
 
                            -8-      LRB093 06404 LRD 12118 a
 1    State directly to residents of this State.
 2        As  part  of its report, the Commission shall provide the
 3    following information:
 4             (i)  the  amount  of  State  excise  and  sales  tax
 5        revenues generated as a result of this amendatory Act  of
 6        1998;
 7             (ii)  the  amount  of  licensing  fees received as a
 8        result of this amendatory Act of 1998;
 9             (iii)  the number of reported violations, the number
10        of cease and desist notices issued by the Commission, the
11        number of notices of violations issued to the  Department
12        of  Revenue,  and the number of notices and complaints of
13        violations to law enforcement officials.
14    (Source: P.A. 91-553,  eff.  8-14-99;  91-922,  eff.  7-7-00;
15    92-378, eff. 8-16-01; 92-813, eff. 8-21-02.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.".