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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 235 ILCS 5/7-2
(235 ILCS 5/7-2) (from Ch. 43, par. 146)
Sec. 7-2.
License fee payable with applications.
All applications to
the
State Commission shall be accompanied by the deposit of a
check or draft drawn on a bank or savings and loan association
within this State or United States postal money order in
the full
amount of the license fee required to be paid for the kind of license applied
for, which fee shall be returned to such applicant if such application is
denied.
(Source: P.A. 89-250, eff. 1-1-96.)
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235 ILCS 5/7-3
(235 ILCS 5/7-3) (from Ch. 43, par. 147)
Sec. 7-3.
If a licensee shall be convicted of the violation of any of the
provisions of this Act, or his license shall be revoked and no appeal is
taken from said order of revocation or any appeal taken therefrom is
decided adversely to the licensee, said bond (if one is required) shall
thereupon be forfeited.
(Source: P.A. 83-1254.)
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235 ILCS 5/7-4
(235 ILCS 5/7-4) (from Ch. 43, par. 148)
Sec. 7-4.
At any time during the pendency of an application the State
commission shall have the right to compel the applicant to submit to any
examination and to produce any books and records which, in the judgment of
the State commission, are material to the determination of whether the
applicant is qualified to receive a license under the provisions of this
Act, or whether the premises sought to be licensed are suitable for such
purposes. The State commission shall also have the right to require the
applicant to answer any charges made in any objection to the issuance of
the license or made by the chief of police, prosecuting official, mayor or
president of cities, towns, and villages or by the sheriff or prosecuting
attorney of counties relative to the same. The failure of any applicant to
appear at the time and place fixed by the State commission for his
examination or to produce books and records requested, unless for good
cause shown, shall be deemed to be an admission that the applicant is not
qualified to receive a license.
(Source: P.A. 82-783.)
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235 ILCS 5/7-5
(235 ILCS 5/7-5) (from Ch. 43, par. 149)
Sec. 7-5. The local liquor control commissioner may revoke or suspend any
license issued by him if he determines that the licensee has violated any
of the provisions of this Act or of any valid ordinance or resolution
enacted by the particular city council, president, or board of trustees or
county board (as the case may be) or any applicable rule or regulations
established by the local liquor control commissioner or the State
commission which is not inconsistent with law.
Upon notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the issuance or renewal of a license, fine a licensee, or suspend or revoke any license issued by the State Commission if the licensee or license applicant has
violated the
provisions of Section 3 of the Retailers' Occupation Tax Act.
In addition to the suspension,
the local liquor control commissioner in any
county or municipality
may levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1000 for a first
violation within a 12-month period, $1,500 for a second violation within a
12-month period, and $2,500 for a third or subsequent violation within a
12-month period. Each day on which a violation continues shall
constitute a separate violation.
Not more than $15,000 in fines under this Section may be
imposed against
any licensee during the period of his license. Proceeds from such fines
shall be paid into the general corporate fund of the county or
municipal treasury, as the case may be.
However, no such license
shall be so revoked or suspended and no licensee shall be fined except after
a public hearing by the local
liquor control commissioner with a 3 day written notice to the licensee
affording the licensee an opportunity to appear and defend.
All such
hearings shall be open to the public and the local liquor control
commissioner shall reduce all evidence to writing and shall maintain an
official record of the proceedings. If the local liquor control
commissioner has reason to believe that any continued operation of a
particular licensed premises will immediately threaten the welfare of the
community he may, upon the issuance of a written order stating the reason
for such conclusion and without notice or hearing order the licensed
premises closed for not more than 7 days, giving the licensee an
opportunity to be heard during that period, except that if such licensee
shall also be engaged in the conduct of another business or businesses on
the licensed premises such order shall not be applicable to such other
business or businesses.
The local liquor control commissioner shall within 5 days after such
hearing, if he determines after such hearing that the license should be
revoked or suspended or that the licensee should be fined, state the reason
or reasons for such determination in
a written order, and either the amount of the fine, the period of suspension,
or that the license has been revoked,
and shall serve a copy of such
order within the 5 days upon the licensee.
If the premises for which the license was issued are located outside of
a city, village or incorporated town having a population of 500,000 or more
inhabitants, the licensee after the receipt of such order of suspension or
revocation shall have the privilege within a period of 20 days after the
receipt of such order of suspension or revocation of appealing the order to
the State commission for a decision sustaining, reversing or modifying the
order of the local liquor control commissioner. If the State commission
affirms the local commissioner's order to suspend or revoke the license at
the first hearing, the appellant shall cease to engage in the business for
which the license was issued, until the local commissioner's order is
terminated by its own provisions or reversed upon rehearing or by the
courts.
If the premises for which the license was issued are located within a
city, village or incorporated town having a population of 500,000 or more
inhabitants, the licensee shall have the privilege, within a period of 20 days
after the
receipt of such order of fine, suspension or revocation, of appealing the order
to
the local license appeal commission and upon the filing of such an appeal
by the licensee the license appeal commission shall determine the appeal
upon certified record of proceedings of the local liquor commissioner in
accordance with the provisions of Section 7-9. Within 30
days after such appeal was heard the license appeal
commission shall
render a decision sustaining or reversing
the order of the local liquor
control commissioner.
If the premises for which a license was issued are located within a city, village, or incorporated town having a population of 1,000,000 or more inhabitants and the local liquor control commissioner has evidence that the following criminal activity has occurred inside the licensed premises: the sale of or possession with intent to sell controlled substances or marijuana, the sale of or possession with intent to sell firearms, homicide, criminal sexual assault or criminal sexual abuse, aggravated assault or aggravated battery, then the local liquor control commissioner may, without notice or hearing, and upon the issuance of a written order stating that the continued operation of the licensed premises poses an immediate threat to the health, safety, or welfare of the community, order the licensed premises closed for a period of not more than 30 days, giving the licensee an opportunity to be heard during that period. Upon receipt of evidence of the criminal activity by the local liquor control commissioner, the name of the licensee and the address of the licensed premises where the criminal activity is alleged to have occurred may be submitted by the local liquor control commissioner to the State Commission. If such information is received by the State Commission, then the State Commission must post that information in each of its offices in places available for public inspection not later than the day following the State Commission's receipt of the information. If the licensee is granted a continuance during the period of time the licensed premises is ordered to be closed, the licensed premises shall remain closed until a judgment is entered. Notwithstanding the foregoing, the licensed premises will be allowed to remain open if the criminal activity is timely reported by the licensee, or its agents, pursuant to local ordinance, and the criminal activity shall not be used as a basis for suspension under this Act. A distributor may, in coordination with the local liquor control commissioner and the local police department, remove any product from the licensed premises for which the distributor has not received full payment from the licensee at the time of the closure of the premises. The distributor shall provide the local liquor control commissioner with a document outlining the products for which full payment has not been received. (Source: P.A. 98-1054, eff. 8-26-14.)
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235 ILCS 5/7-6
(235 ILCS 5/7-6) (from Ch. 43, par. 150)
Sec. 7-6. All proceedings for the revocation or suspension of licenses
of manufacturers, distributors, importing distributors, non-resident dealers,
foreign
importers, non-beverage users, railroads, airplanes and boats shall be
before the State Commission. All such proceedings and all proceedings
for the revocation or suspension of a retailer's license before the
State commission shall be in accordance with rules and regulations
established by it not inconsistent with law. However, no such license
shall be so revoked or suspended except after a hearing by the State
commission with reasonable notice to the licensee served by registered
or certified mail with return receipt requested at least 10 days
prior to
the hearings at the last known place of business of the licensee and
after an opportunity to appear and defend. Such notice shall
specify the
time and place of the hearing, the nature of the charges, the
specific provisions of the Act and rules violated, and the specific facts
supporting the charges or violation. The
findings of the Commission shall be predicated upon competent evidence.
The revocation of a local license shall automatically result in the
revocation of a State license.
Upon notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the issuance or renewal of a license, fine a licensee, or suspend or revoke any license issued by the State Commission if the licensee or license applicant has
violated the
provisions of Section 3 of the Retailers' Occupation Tax Act.
All procedures for the suspension or revocation
of a license, as enumerated above, are applicable to the levying of fines
for violations of this Act or any rule or regulation issued pursuant thereto.
(Source: P.A. 95-331, eff. 8-21-07.)
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235 ILCS 5/7-7
(235 ILCS 5/7-7) (from Ch. 43, par. 151)
Sec. 7-7.
Any five residents of the city, village or county shall have the
right to file a complaint with the local commission stating that any
retailer licensee, subject to the jurisdiction of the local commission, has
been or is violating the provisions of this Act or the rules or regulations
issued pursuant hereto. Such complaint shall be in writing in the form
prescribed by the local commission and shall be signed and sworn to by the
parties complaining. The complaint shall state the particular provision,
rule or regulation believed to have been violated and the facts in detail
upon which belief is based. If the local commission is satisfied that the
complaint substantially charges a violation and that from the facts alleged
there is reasonable cause for such belief, it shall set the matter for
hearing and shall serve notice upon the licensee of the time and place of
such hearing and of the particular charge in the complaint.
(Source: P.A. 82-783.)
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235 ILCS 5/7-8
(235 ILCS 5/7-8) (from Ch. 43, par. 152)
Sec. 7-8.
For each city, village or incorporated town having a population
of 500,000 or more inhabitants, there is established a license appeal
commission consisting of the chairman of the Illinois Liquor Control
Commission, the most senior member of the Illinois Liquor Control Commission
who is not of the same political party as the chairman, and one person who is
a resident of the particular city, village or incorporated town selected by
the council or president and board of trustees, as the case may be, who
shall serve for a term of 4 years and until his successor is selected
and takes office. Neither the mayor, president of the board of trustees,
nor any member of the council or board of trustees shall be eligible for
membership on a license appeal commission. Each of the 2 members of the
Illinois Liquor Control Commission shall receive a $200 per diem
for their work on the license appeal commission, and the other member shall
receive an annual salary which shall be paid by the particular city,
village or incorporated town. The secretary of the Illinois Liquor Control
Commission shall be ex-officio the secretary for each license appeal
commission.
(Source: P.A. 91-798, eff. 7-9-00; 91-922, eff. 7-7-00.)
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