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91_HB1700enr HB1700 Enrolled LRB9103063LDmb 1 AN ACT to amend the Liquor Control Act of 1934 by 2 changing Sections 3-12 and 7-6. 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 Sections 3-12 and 7-6 as follows: 7 (235 ILCS 5/3-12) (from Ch. 43, par. 108) 8 Sec. 3-12. (a) The State commission shall have the 9 following powers, functions and duties: 10 (1) To receive applications and to issue licenses to 11 manufacturers, foreign importers, importing distributors, 12 distributors, non-resident dealers, on premise consumption 13 retailers, off premise sale retailers, special event retailer 14 licensees, special use permit licenses, auction liquor 15 licenses, brew pubs, caterer retailers, non-beverage users, 16 railroads, including owners and lessees of sleeping, dining 17 and cafe cars, airplanes, boats, brokers, and wine maker's 18 retail licensees in accordance with the provisions of this 19 Act, and to suspend or revoke such licenses upon the State 20 commission's determination, upon notice after hearing, that a 21 licensee has violated any provision of this Act or any rule 22 or regulation issued pursuant thereto and in effect for 30 23 days prior to such violation. 24 In lieu of suspending or revoking a license, the 25 commission may impose a fine, upon the State commission's 26 determination and notice after hearing, that a licensee has 27 violated any provision of this Act or any rule or regulation 28 issued pursuant thereto and in effect for 30 days prior to 29 such violation. The fine imposed under this paragraph may 30 not exceed $500 for each violation. Each day that the 31 activity, which gave rise to the original fine, continues is HB1700 Enrolled -2- LRB9103063LDmb 1 a separate violation. The maximum fine that may be levied 2 against any licensee, for the period of the license, shall 3 not exceed $20,000. The maximum penalty that may be imposed 4 on a licensee for selling a bottle of alcoholic liquor with a 5 foreign object in it or serving from a bottle of alcoholic 6 liquor with a foreign object in it shall be the destruction 7 of that bottle of alcoholic liquor for the first 10 bottles 8 so sold or served from by the licensee. For the eleventh 9 bottle of alcoholic liquor and for each third bottle 10 thereafter sold or served from by the licensee with a foreign 11 object in it, the maximum penalty that may be imposed on the 12 licensee is the destruction of the bottle of alcoholic liquor 13 and a fine of up to $50. 14 (2) To adopt such rules and regulations consistent with 15 the provisions of this Act which shall be necessary to carry 16 on its functions and duties to the end that the health, 17 safety and welfare of the People of the State of Illinois 18 shall be protected and temperance in the consumption of 19 alcoholic liquors shall be fostered and promoted and to 20 distribute copies of such rules and regulations to all 21 licensees affected thereby. 22 (3) To call upon other administrative departments of the 23 State, county and municipal governments, county and city 24 police departments and upon prosecuting officers for such 25 information and assistance as it deems necessary in the 26 performance of its duties. 27 (4) To recommend to local commissioners rules and 28 regulations, not inconsistent with the law, for the 29 distribution and sale of alcoholic liquors throughout the 30 State. 31 (5) To inspect, or cause to be inspected, any premises 32 in this State where alcoholic liquors are manufactured, 33 distributed, warehoused, or sold. 34 (5.1) Upon receipt of a complaint or upon having HB1700 Enrolled -3- LRB9103063LDmb 1 knowledge that any person is engaged in business as a 2 manufacturer, importing distributor, distributor, or retailer 3 without a license or valid license, to notify the local 4 liquor authority, file a complaint with the State's 5 Attorney's Office of the county where the incident occurred, 6 or initiate an investigation with the appropriate law 7 enforcement officials. 8 (5.2) To issue a cease and desist notice to persons 9 shipping alcoholic liquor into this State from a point 10 outside of this State if the shipment is in violation of this 11 Act. 12 (5.3) To receive complaints from licensees, local 13 officials, law enforcement agencies, organizations, and 14 persons stating that any licensee has been or is violating 15 any provision of this Act or the rules and regulations issued 16 pursuant to this Act. Such complaints shall be in writing, 17 signed and sworn to by the person making the complaint, and 18 shall state with specificity the facts in relation to the 19 alleged violation. If the Commission has reasonable grounds 20 to believe that the complaint substantially alleges a 21 violation of this Act or rules and regulations adopted 22 pursuant to this Act, it shall conduct an investigation. If, 23 after conducting an investigation, the Commission is 24 satisfied that the alleged violation did occur, it shall 25 proceed with disciplinary action against the licensee as 26 provided in this Act. 27 (6) To hear and determine appeals from orders of a local 28 commission in accordance with the provisions of this Act, as 29 hereinafter set forth. Hearings under this subsection shall 30 be held in Springfield or Chicago, at whichever location is 31 the more convenient for the majority of persons who are 32 parties to the hearing. 33 (7) The commission shall establish uniform systems of 34 accounts to be kept by all retail licensees having more than HB1700 Enrolled -4- LRB9103063LDmb 1 4 employees, and for this purpose the commission may classify 2 all retail licensees having more than 4 employees and 3 establish a uniform system of accounts for each class and 4 prescribe the manner in which such accounts shall be kept. 5 The commission may also prescribe the forms of accounts to be 6 kept by all retail licensees having more than 4 employees, 7 including but not limited to accounts of earnings and 8 expenses and any distribution, payment, or other distribution 9 of earnings or assets, and any other forms, records and 10 memoranda which in the judgment of the commission may be 11 necessary or appropriate to carry out any of the provisions 12 of this Act, including but not limited to such forms, records 13 and memoranda as will readily and accurately disclose at all 14 times the beneficial ownership of such retail licensed 15 business. The accounts, forms, records and memoranda shall 16 be available at all reasonable times for inspection by 17 authorized representatives of the State commission or by any 18 local liquor control commissioner or his or her authorized 19 representative. The commission, may, from time to time, 20 alter, amend or repeal, in whole or in part, any uniform 21 system of accounts, or the form and manner of keeping 22 accounts. 23 (8) In the conduct of any hearing authorized to be held 24 by the commission, to examine, or cause to be examined, under 25 oath, any licensee, and to examine or cause to be examined 26 the books and records of such licensee; to hear testimony and 27 take proof material for its information in the discharge of 28 its duties hereunder; to administer or cause to be 29 administered oaths; and for any such purpose to issue 30 subpoena or subpoenas to require the attendance of witnesses 31 and the production of books, which shall be effective in any 32 part of this State. 33 Any Circuit Court may by order duly entered, require the 34 attendance of witnesses and the production of relevant books HB1700 Enrolled -5- LRB9103063LDmb 1 subpoenaed by the State commission and the court may compel 2 obedience to its order by proceedings for contempt. 3 (9) To investigate the administration of laws in 4 relation to alcoholic liquors in this and other states and 5 any foreign countries, and to recommend from time to time to 6 the Governor and through him or her to the legislature of 7 this State, such amendments to this Act, if any, as it may 8 think desirable and as will serve to further the general 9 broad purposes contained in Section 1-2 hereof. 10 (10) To adopt such rules and regulations consistent with 11 the provisions of this Act which shall be necessary for the 12 control, sale or disposition of alcoholic liquor damaged as a 13 result of an accident, wreck, flood, fire or other similar 14 occurrence. 15 (11) To develop industry educational programs related to 16 responsible serving and selling, particularly in the areas of 17 overserving consumers and illegal underage purchasing and 18 consumption of alcoholic beverages. 19 (12) To develop and maintain a repository of license and 20 regulatory information. 21 (13) On or before January 15, 1994, the Commission shall 22 issue a written report to the Governor and General Assembly 23 that is to be based on a comprehensive study of the impact on 24 and implications for the State of Illinois of Section 1926 of 25 the Federal ADAMHA Reorganization Act of 1992 (Public Law 26 102-321). This study shall address the extent to which 27 Illinois currently complies with the provisions of P.L. 28 102-321 and the rules promulgated pursuant thereto. 29 As part of its report, the Commission shall provide the 30 following essential information: 31 (i) the number of retail distributors of tobacco 32 products, by type and geographic area, in the State; 33 (ii) the number of reported citations and 34 successful convictions, categorized by type and location HB1700 Enrolled -6- LRB9103063LDmb 1 of retail distributor, for violation of the Sale of 2 Tobacco to Minors Act and the Smokeless Tobacco 3 Limitation Act; 4 (iii) the extent and nature of organized 5 educational and governmental activities that are intended 6 to promote, encourage or otherwise secure compliance with 7 any Illinois laws that prohibit the sale or distribution 8 of tobacco products to minors; and 9 (iv) the level of access and availability of 10 tobacco products to individuals under the age of 18. 11 To obtain the data necessary to comply with the 12 provisions of P.L. 102-321 and the requirements of this 13 report, the Commission shall conduct random, unannounced 14 inspections of a geographically and scientifically 15 representative sample of the State's retail tobacco 16 distributors. 17 The Commission shall consult with the Department of 18 Public Health, the Department of Human Services, the Illinois 19 State Police and any other executive branch agency, and 20 private organizations that may have information relevant to 21 this report. 22 The Commission may contract with the Food and Drug 23 Administration of the U.S. Department of Health and Human 24 Services to conduct unannounced investigations of Illinois 25 tobacco vendors to determine compliance with federal laws 26 relating to the illegal sale of cigarettes and smokeless 27 tobacco products to persons under the age of 18. 28 (b) On or before April 30, 1999, the Commission shall 29 present a written report to the Governor and the General 30 Assembly that shall be based on a study of the impact of this 31 amendatory Act of 1998 on the business of soliciting, 32 selling, and shipping alcoholic liquor from outside of this 33 State directly to residents of this State. 34 As part of its report, the Commission shall provide the HB1700 Enrolled -7- LRB9103063LDmb 1 following information: 2 (i) the amount of State excise and sales tax 3 revenues generated as a result of this amendatory Act of 4 1998; 5 (ii) the amount of licensing fees received as a 6 result of this amendatory Act of 1998; 7 (iii) the number of reported violations, the number 8 of cease and desist notices issued by the Commission, the 9 number of notices of violations issued to the Department 10 of Revenue, and the number of notices and complaints of 11 violations to law enforcement officials. 12 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432, 13 eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.) 14 (235 ILCS 5/7-6) (from Ch. 43, par. 150) 15 Sec. 7-6. All proceedings for the revocation or 16 suspension of licenses of manufacturers, distributors, 17 importing distributors, non-resident dealers, foreign 18 importers, non-beverage users, railroads, airplanes and boats 19 shall be before the State Commission. All such proceedings 20 and all proceedings for the revocation or suspension of a 21 retailer's license before the State commission shall be in 22 accordance with rules and regulations established by it not 23 inconsistent with law. However, no such license shall be so 24 revoked or suspended except after a hearing by the State 25 commission with reasonable notice to the licensee served by 26 registered or certified mail with return receipt requested at 27 least 105days prior to the hearings at the last known place 28 of business of the licensee and after an opportunity to 29 appear and defend. Such notice shall specify the time and 30 place of the hearing,andthe nature of the charges, the 31 specific provisions of the Act and rules violated, and the 32 specific facts supporting the charges or violation. The 33 findings of the Commission shall be predicated upon competent HB1700 Enrolled -8- LRB9103063LDmb 1 evidence. The revocation of a local license shall 2 automatically result in the revocation of a State license. 3 All procedures for the suspension or revocation of a license, 4 as enumerated above, are applicable to the levying of fines 5 for violations of this Act or any rule or regulation issued 6 pursuant thereto. 7 (Source: P.A. 82-783.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.