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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB4043enr HB4043 Enrolled LRB9111753LDpk 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 a 20 firsteachviolation within a 12-month period, $1,500 for a 21 second violation within a 12-month period, and $2,500 for a 22 third or subsequent violation within a 12-month period.;23 Each day on which a violation continues shall constitute a 24 separate violation. Not more than $15,000$10,000in fines 25 under this Section may be imposed against any licensee during 26 the period of his license. Proceeds from such fines shall be 27 paid into the general corporate fund of the county or 28 municipal treasury, as the case may be. 29 However, no such license shall be so revoked or suspended 30 and no licensee shall be fined except after a public hearing 31 by the local liquor control commissioner with a 3 day written HB4043 Enrolled -2- LRB9111753LDpk 1 notice to the licensee affording the licensee an opportunity 2 to appear and defend. All such hearings shall be open to the 3 public and the local liquor control commissioner shall reduce 4 all evidence to writing and shall maintain an official record 5 of the proceedings. If the local liquor control commissioner 6 has reason to believe that any continued operation of a 7 particular licensed premises will immediately threaten the 8 welfare of the community he may, upon the issuance of a 9 written order stating the reason for such conclusion and 10 without notice or hearing order the licensed premises closed 11 for not more than 7 days, giving the licensee an opportunity 12 to be heard during that period, except that if such licensee 13 shall also be engaged in the conduct of another business or 14 businesses on the licensed premises such order shall not be 15 applicable to such other business or businesses. 16 The local liquor control commissioner shall within 5 days 17 after such hearing, if he determines after such hearing that 18 the license should be revoked or suspended or that the 19 licensee should be fined, state the reason or reasons for 20 such determination in a written order, and either the amount 21 of the fine, the period of suspension, or that the license 22 has been revoked, and shall serve a copy of such order within 23 the 5 days upon the licensee. 24 If the premises for which the license was issued are 25 located outside of a city, village or incorporated town 26 having a population of 500,000 or more inhabitants, the 27 licensee after the receipt of such order of suspension or 28 revocation shall have the privilege within a period of 20 29 days after the receipt of such order of suspension or 30 revocation of appealing the order to the State commission for 31 a decision sustaining, reversing or modifying the order of 32 the local liquor control commissioner. If the State 33 commission affirms the local commissioner's order to suspend 34 or revoke the license at the first hearing, the appellant HB4043 Enrolled -3- LRB9111753LDpk 1 shall cease to engage in the business for which the license 2 was issued, until the local commissioner's order is 3 terminated by its own provisions or reversed upon rehearing 4 or by the courts. 5 If the premises for which the license was issued are 6 located within a city, village or incorporated town having a 7 population of 500,000 or more inhabitants, the licensee shall 8 have the privilege, within a period of 20 days after the 9 receipt of such order of fine, suspension or revocation, of 10 appealing the order to the local license appeal commission 11 and upon the filing of such an appeal by the licensee the 12 license appeal commission shall determine the appeal upon 13 certified record of proceedings of the local liquor 14 commissioner in accordance with the provisions of Section 15 7-9. Within 30 days after such appeal was heard the license 16 appeal commission shall render a decision sustaining or 17 reversing the order of the local liquor control commissioner. 18 (Source: P.A. 88-613, eff. 1-1-95; 89-63, eff. 6-30-95.)