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90_HB3255
235 ILCS 5/7-5 from Ch. 43, par. 149
Amends the Liquor Control Act of 1934. Provides that if
a licensed premises located within a municipality with a
population of 500,000 or more inhabitants appeals a fine,
order, or suspension, the license appeal commission shall
render a decision affirming, reversing, or modifying the
order or action of the local liquor control commissioner
(current law requires the license appeal commission to render
a decision sustaining or reversing the order of the local
liquor control commissioner).
LRB9009296LDdv
LRB9009296LDdv
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 7-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 7-5 as follows:
7 (235 ILCS 5/7-5) (from Ch. 43, par. 149)
8 Sec. 7-5. The local liquor control commissioner may
9 revoke or suspend any license issued by him if he determines
10 that the licensee has violated any of the provisions of this
11 Act or of any valid ordinance or resolution enacted by the
12 particular city council, president, or board of trustees or
13 county board (as the case may be) or any applicable rule or
14 regulations established by the local liquor control
15 commissioner or the State commission which is not
16 inconsistent with law. In addition to the suspension, the
17 local liquor control commissioner in any county or
18 municipality may levy a fine on the licensee for such
19 violations. The fine imposed shall not exceed $1000 for each
20 violation; each day on which a violation continues shall
21 constitute a separate violation. Not more than $10,000 in
22 fines under this Section may be imposed against any licensee
23 during the period of his license. Proceeds from such fines
24 shall be paid into the general corporate fund of the county
25 or municipal treasury, as the case may be.
26 However, no such license shall be so revoked or suspended
27 and no licensee shall be fined except after a public hearing
28 by the local liquor control commissioner with a 3 day written
29 notice to the licensee affording the licensee an opportunity
30 to appear and defend. All such hearings shall be open to the
31 public and the local liquor control commissioner shall reduce
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1 all evidence to writing and shall maintain an official record
2 of the proceedings. If the local liquor control commissioner
3 has reason to believe that any continued operation of a
4 particular licensed premises will immediately threaten the
5 welfare of the community he may, upon the issuance of a
6 written order stating the reason for such conclusion and
7 without notice or hearing order the licensed premises closed
8 for not more than 7 days, giving the licensee an opportunity
9 to be heard during that period, except that if such licensee
10 shall also be engaged in the conduct of another business or
11 businesses on the licensed premises such order shall not be
12 applicable to such other business or businesses.
13 The local liquor control commissioner shall within 5 days
14 after such hearing, if he determines after such hearing that
15 the license should be revoked or suspended or that the
16 licensee should be fined, state the reason or reasons for
17 such determination in a written order, and either the amount
18 of the fine, the period of suspension, or that the license
19 has been revoked, and shall serve a copy of such order within
20 the 5 days upon the licensee.
21 If the premises for which the license was issued are
22 located outside of a city, village or incorporated town
23 having a population of 500,000 or more inhabitants, the
24 licensee after the receipt of such order of suspension or
25 revocation shall have the privilege within a period of 20
26 days after the receipt of such order of suspension or
27 revocation of appealing the order to the State commission for
28 a decision sustaining, reversing or modifying the order of
29 the local liquor control commissioner. If the State
30 commission affirms the local commissioner's order to suspend
31 or revoke the license at the first hearing, the appellant
32 shall cease to engage in the business for which the license
33 was issued, until the local commissioner's order is
34 terminated by its own provisions or reversed upon rehearing
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1 or by the courts.
2 If the premises for which the license was issued are
3 located within a city, village or incorporated town having a
4 population of 500,000 or more inhabitants, the licensee shall
5 have the privilege, within a period of 20 days after the
6 receipt of such order of fine, suspension or revocation, of
7 appealing the order to the local license appeal commission
8 and upon the filing of such an appeal by the licensee the
9 license appeal commission shall determine the appeal upon
10 certified record of proceedings of the local liquor
11 commissioner in accordance with the provisions of Section
12 7-9. Within 30 days after such appeal was heard, the license
13 appeal commission shall render a decision affirming,
14 sustaining or reversing, or modifying the order or action of
15 the local liquor control commissioner.
16 (Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)