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(35 ILCS 143/10-56)
Sec. 10-56.
Seizure and forfeiture.
After seizing any tobacco products or
vending devices, as provided in Section 10-55, the
Department must hold a hearing and determine whether the distributor or
retailer was properly licensed to sell the tobacco products at the time of
their seizure by the Department. The Department shall give not less than 20
days' notice of the time and place of the hearing to the owner of the property,
if the owner is known, and also to the person in whose possession the property
was found, if that person is known and if the person in possession is
not the owner of the property. If neither the owner nor the person in
possession of the property is known, the Department must cause publication of
the time and place of the hearing to be made at least once in each week for 3
weeks successively in a newspaper of general circulation in the county where
the hearing is to be held.
If, as the result of the hearing, the Department determines that the
distributor or retailer was not properly licensed at the time the tobacco
products were seized, the Department must enter an order declaring the tobacco
products or vending devices confiscated and forfeited to the State,
to be held by the Department for disposal by it as provided in Section 10-58.
The Department must give notice of the order to the owner of the
property, if the owner is known, and also to the person in whose possession the
property was found, if that person is known and if the person in
possession is not the owner of the property. If neither the owner nor the
person in possession of the property is known, the Department must cause
publication of the order to be made at least once in each week for 3 weeks
successively in a newspaper of general circulation in the county where the
hearing was held.
(Source: P.A. 92-743, eff. 7-25-02.)
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