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Full Text of SB0410  93rd General Assembly

SB0410sam001 93rd General Assembly


093_SB0410sam001

 










                                     LRB093 09913 LRD 12768 a

 1                    AMENDMENT TO SENATE BILL 410

 2        AMENDMENT NO.     .  Amend Senate Bill 410  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 09913 LRD 12768 a
 1        this  Act  or  any  rule  or  regulation  issued pursuant
 2        thereto  and  in  effect  for  30  days  prior  to   such
 3        violation.  Any action by the State Commission to suspend
 4        or  revoke  a  licensee's license shall be limited to the
 5        license for the specific  premises  where  the  violation
 6        occurred.
 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
10        has  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.  The fine imposed under
13        this paragraph may not exceed $500  for  each  violation.
14        Each  day  that  the  activity,  which  gave  rise to the
15        original fine, continues is a  separate  violation.   The
16        maximum fine that may be levied against any licensee, for
17        the  period of the license, shall not exceed $20,000. The
18        maximum penalty that may be imposed  on  a  licensee  for
19        selling  a  bottle  of  alcoholic  liquor  with a foreign
20        object in it or serving from a bottle of alcoholic liquor
21        with a foreign object in it shall be the  destruction  of
22        that  bottle of alcoholic liquor for the first 10 bottles
23        so sold or served from by the licensee.  For the eleventh
24        bottle of alcoholic liquor  and  for  each  third  bottle
25        thereafter  sold  or  served  from by the licensee with a
26        foreign object in it, the maximum  penalty  that  may  be
27        imposed  on the licensee is the destruction of the bottle
28        of alcoholic liquor and a fine of up to $50.
29             (2)  To adopt such rules and regulations  consistent
30        with  the provisions of this Act which shall be necessary
31        to carry on its functions and duties to the end that  the
32        health,  safety and welfare of the People of the State of
33        Illinois  shall  be  protected  and  temperance  in   the
34        consumption  of  alcoholic  liquors shall be fostered and
 
                            -3-      LRB093 09913 LRD 12768 a
 1        promoted and to  distribute  copies  of  such  rules  and
 2        regulations to all licensees affected thereby.
 3             (3)  To  call  upon other administrative departments
 4        of the State, county and  municipal  governments,  county
 5        and city police departments and upon prosecuting officers
 6        for such information and assistance as it deems necessary
 7        in the performance of its duties.
 8             (4)  To  recommend  to local commissioners rules and
 9        regulations, not  inconsistent  with  the  law,  for  the
10        distribution and sale of alcoholic liquors throughout the
11        State.
12             (5)  To  inspect,  or  cause  to  be  inspected, any
13        premises  in  this  State  where  alcoholic  liquors  are
14        manufactured, distributed, warehoused, or sold.
15             (5.1)  Upon receipt of a complaint  or  upon  having
16        knowledge  that  any  person  is engaged in business as a
17        manufacturer,  importing  distributor,  distributor,   or
18        retailer  without  a  license or valid license, to notify
19        the local liquor authority, file  a  complaint  with  the
20        State's   Attorney's  Office  of  the  county  where  the
21        incident occurred, or initiate an investigation with  the
22        appropriate law enforcement officials.
23             (5.2)  To issue a cease and desist notice to persons
24        shipping  alcoholic  liquor  into this State from a point
25        outside of this State if the shipment is in violation  of
26        this Act.
27             (5.3)  To  receive  complaints from licensees, local
28        officials, law enforcement agencies,  organizations,  and
29        persons   stating  that  any  licensee  has  been  or  is
30        violating any provision of this  Act  or  the  rules  and
31        regulations issued pursuant to this Act.  Such complaints
32        shall  be  in  writing, signed and sworn to by the person
33        making the complaint, and shall  state  with  specificity
34        the  facts  in relation to the alleged violation.  If the
 
                            -4-      LRB093 09913 LRD 12768 a
 1        Commission has reasonable grounds  to  believe  that  the
 2        complaint  substantially  alleges a violation of this Act
 3        or rules and regulations adopted pursuant to this Act, it
 4        shall conduct an investigation.  If, after conducting  an
 5        investigation,  the  Commission  is  satisfied  that  the
 6        alleged  violation  did  occur,  it  shall  proceed  with
 7        disciplinary  action  against the licensee as provided in
 8        this Act.
 9             (6)  To hear and determine appeals from orders of  a
10        local  commission  in  accordance  with the provisions of
11        this Act, as hereinafter set forth. Hearings  under  this
12        subsection  shall  be  held in Springfield or Chicago, at
13        whichever  location  is  the  more  convenient  for   the
14        majority of persons who are parties to the hearing.
15             (7)  The  commission shall establish uniform systems
16        of accounts to be kept by  all  retail  licensees  having
17        more   than   4  employees,  and  for  this  purpose  the
18        commission may classify all retail licensees having  more
19        than  4  employees  and  establish  a  uniform  system of
20        accounts for each class and prescribe the manner in which
21        such accounts shall be  kept.  The  commission  may  also
22        prescribe  the forms of accounts to be kept by all retail
23        licensees having more than 4 employees, including but not
24        limited to accounts of  earnings  and  expenses  and  any
25        distribution,  payment, or other distribution of earnings
26        or assets, and any other  forms,  records  and  memoranda
27        which  in the judgment of the commission may be necessary
28        or appropriate to carry out any of the provisions of this
29        Act, including but not limited to such forms, records and
30        memoranda as will readily and accurately disclose at  all
31        times  the  beneficial  ownership of such retail licensed
32        business.  The accounts,  forms,  records  and  memoranda
33        shall be available at all reasonable times for inspection
34        by  authorized representatives of the State commission or
 
                            -5-      LRB093 09913 LRD 12768 a
 1        by any local liquor control commissioner or  his  or  her
 2        authorized representative. The commission, may, from time
 3        to time, alter, amend or repeal, in whole or in part, any
 4        uniform  system  of  accounts,  or the form and manner of
 5        keeping accounts.
 6             (8)  In the conduct of any hearing authorized to  be
 7        held  by  the commission, to appoint, at the commission's
 8        discretion,  hearing   officers   to   conduct   hearings
 9        involving  complex  issues  or issues that will require a
10        protracted period of time  to  resolve,  to  examine,  or
11        cause  to  be  examined, under oath, any licensee, and to
12        examine or cause to be examined the books and records  of
13        such  licensee; to hear testimony and take proof material
14        for its  information  in  the  discharge  of  its  duties
15        hereunder;  to  administer  or  cause  to be administered
16        oaths;  for  any  such  purpose  to  issue  subpoena   or
17        subpoenas  to require the attendance of witnesses and the
18        production of books, which shall be effective in any part
19        of this State, and to adopt rules to implement its powers
20        under this paragraph (8).
21             Any Circuit Court may by order duly entered, require
22        the  attendance  of  witnesses  and  the  production   of
23        relevant books subpoenaed by the State commission and the
24        court  may  compel  obedience to its order by proceedings
25        for contempt.
26             (9)  To investigate the administration  of  laws  in
27        relation  to  alcoholic  liquors in this and other states
28        and any foreign countries, and to recommend from time  to
29        time  to  the  Governor  and  through  him  or her to the
30        legislature of this State, such amendments to  this  Act,
31        if  any,  as  it may think desirable and as will serve to
32        further the general broad purposes contained  in  Section
33        1-2 hereof.
34             (10)  To adopt such rules and regulations consistent
 
                            -6-      LRB093 09913 LRD 12768 a
 1        with  the provisions of this Act which shall be necessary
 2        for the control, sale or disposition of alcoholic  liquor
 3        damaged as a result of an accident, wreck, flood, fire or
 4        other similar occurrence.
 5             (11)  To   develop   industry  educational  programs
 6        related to responsible serving and selling,  particularly
 7        in   the  areas  of  overserving  consumers  and  illegal
 8        underage  purchasing   and   consumption   of   alcoholic
 9        beverages.
10             (11.1)  To  license  persons providing education and
11        training to alcohol beverage sellers  and  servers  under
12        the  Beverage  Alcohol  Sellers and Servers Education and
13        Training (BASSET) programs and to develop and  administer
14        a  public  awareness  program  in  Illinois  to reduce or
15        eliminate  the  illegal  purchase  and   consumption   of
16        alcoholic  beverage  products by persons under the age of
17        21. Application for a license  shall  be  made  on  forms
18        provided by the State Commission.
19             (12)  To   develop  and  maintain  a  repository  of
20        license and regulatory information.
21             (13)  On or before January 15, 1994, the  Commission
22        shall  issue a written report to the Governor and General
23        Assembly that is to be based on a comprehensive study  of
24        the  impact on and implications for the State of Illinois
25        of Section 1926 of the Federal ADAMHA Reorganization  Act
26        of  1992  (Public Law 102-321).  This study shall address
27        the extent to which Illinois currently complies with  the
28        provisions  of  P.L.  102-321  and  the rules promulgated
29        pursuant thereto.
30             As part of its report, the Commission shall  provide
31        the following essential information:
32                  (i)  the   number  of  retail  distributors  of
33             tobacco products, by type and  geographic  area,  in
34             the State;
 
                            -7-      LRB093 09913 LRD 12768 a
 1                  (ii)  the  number  of  reported  citations  and
 2             successful  convictions,  categorized  by  type  and
 3             location of retail distributor, for violation of the
 4             Sale  of  Tobacco  to  Minors  Act and the Smokeless
 5             Tobacco Limitation Act;
 6                  (iii)  the  extent  and  nature  of   organized
 7             educational  and  governmental  activities  that are
 8             intended to promote, encourage or  otherwise  secure
 9             compliance  with any Illinois laws that prohibit the
10             sale or distribution of tobacco products to  minors;
11             and
12                  (iv)  the  level  of access and availability of
13             tobacco products to individuals under the age of 18.
14        To  obtain  the  data  necessary  to  comply   with   the
15    provisions  of  P.L.  102-321  and  the  requirements of this
16    report, the  Commission  shall  conduct  random,  unannounced
17    inspections    of   a   geographically   and   scientifically
18    representative  sample  of   the   State's   retail   tobacco
19    distributors.
20        The  Commission  shall  consult  with  the  Department of
21    Public Health, the Department of Human Services, the Illinois
22    State Police and  any  other  executive  branch  agency,  and
23    private  organizations  that may have information relevant to
24    this report.
25        The Commission  may  contract  with  the  Food  and  Drug
26    Administration  of  the  U.S.  Department of Health and Human
27    Services to conduct unannounced  investigations  of  Illinois
28    tobacco  vendors  to  determine  compliance with federal laws
29    relating to the illegal  sale  of  cigarettes  and  smokeless
30    tobacco products to persons under the age of 18.
31        (b)  On  or  before  April 30, 1999, the Commission shall
32    present a written report to  the  Governor  and  the  General
33    Assembly that shall be based on a study of the impact of this
34    amendatory  Act  of  1998  on  the  business  of  soliciting,
 
                            -8-      LRB093 09913 LRD 12768 a
 1    selling,  and  shipping alcoholic liquor from outside of this
 2    State directly to residents of this State.
 3        As part of its report, the Commission shall  provide  the
 4    following information:
 5             (i)  the  amount  of  State  excise  and  sales  tax
 6        revenues  generated as a result of this amendatory Act of
 7        1998;
 8             (ii)  the amount of licensing  fees  received  as  a
 9        result of this amendatory Act of 1998;
10             (iii)  the number of reported violations, the number
11        of cease and desist notices issued by the Commission, the
12        number  of notices of violations issued to the Department
13        of Revenue, and the number of notices and  complaints  of
14        violations to law enforcement officials.
15    (Source:  P.A.  91-553,  eff.  8-14-99;  91-922, eff. 7-7-00;
16    92-378, eff. 8-16-01; 92-813, eff. 8-21-02.)".