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92nd General Assembly

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Public Act 92-0813

HB5000 Enrolled                                LRB9215827LBpr

    AN ACT in relation to alcoholic liquor.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Liquor Control Act of 1934 is amended by
changing Sections 3-12 and 6-11 as follows:

    (235 ILCS 5/3-12) (from Ch. 43, par. 108)
    Sec. 3-12.  Powers and duties of State Commission.
    (a)  The  State  commission  shall  have  the   following
powers, functions and duties:
         (1)  To  receive  applications and to issue licenses
    to   manufacturers,    foreign    importers,    importing
    distributors,   distributors,  non-resident  dealers,  on
    premise   consumption   retailers,   off   premise   sale
    retailers, special event retailer licensees, special  use
    permit  licenses,  auction  liquor  licenses,  brew pubs,
    caterer   retailers,   non-beverage   users,   railroads,
    including owners and lessees of sleeping, dining and cafe
    cars,  airplanes,  boats,  brokers,  and   wine   maker's
    premises  licensees  in accordance with the provisions of
    this Act, and to suspend or revoke such licenses upon the
    State  commission's  determination,  upon  notice   after
    hearing,  that  a  licensee has violated any provision of
    this Act  or  any  rule  or  regulation  issued  pursuant
    thereto   and  in  effect  for  30  days  prior  to  such
    violation.
         In lieu of suspending or  revoking  a  license,  the
    commission may impose a fine, upon the State commission's
    determination  and  notice after hearing, that a licensee
    has violated any provision of this Act  or  any  rule  or
    regulation  issued  pursuant thereto and in effect for 30
    days prior to such violation.   The  fine  imposed  under
    this  paragraph  may  not exceed $500 for each violation.
    Each day that  the  activity,  which  gave  rise  to  the
    original  fine,  continues  is a separate violation.  The
    maximum fine that may be levied against any licensee, for
    the period of the license, shall not exceed $20,000.  The
    maximum  penalty  that  may  be imposed on a licensee for
    selling a bottle  of  alcoholic  liquor  with  a  foreign
    object in it or serving from a bottle of alcoholic liquor
    with  a  foreign object in it shall be the destruction of
    that bottle of alcoholic liquor for the first 10  bottles
    so sold or served from by the licensee.  For the eleventh
    bottle  of  alcoholic  liquor  and  for each third bottle
    thereafter sold or served from by  the  licensee  with  a
    foreign  object  in  it,  the maximum penalty that may be
    imposed on the licensee is the destruction of the  bottle
    of alcoholic liquor and a fine of up to $50.
         (2)  To  adopt such rules and regulations consistent
    with the provisions of this Act which shall be  necessary
    to  carry on its functions and duties to the end that the
    health, safety and welfare of the People of the State  of
    Illinois   shall  be  protected  and  temperance  in  the
    consumption of alcoholic liquors shall  be  fostered  and
    promoted  and  to  distribute  copies  of  such rules and
    regulations to all licensees affected thereby.
         (3)  To call upon other  administrative  departments
    of  the  State,  county and municipal governments, county
    and city police departments and upon prosecuting officers
    for such information and assistance as it deems necessary
    in the performance of its duties.
         (4)  To recommend to local commissioners  rules  and
    regulations,  not  inconsistent  with  the  law,  for the
    distribution and sale of alcoholic liquors throughout the
    State.
         (5)  To inspect,  or  cause  to  be  inspected,  any
    premises  in  this  State  where  alcoholic  liquors  are
    manufactured, distributed, warehoused, or sold.
         (5.1)  Upon  receipt  of  a complaint or upon having
    knowledge that any person is engaged  in  business  as  a
    manufacturer,   importing  distributor,  distributor,  or
    retailer without a license or valid  license,  to  notify
    the  local  liquor  authority,  file a complaint with the
    State's  Attorney's  Office  of  the  county  where   the
    incident  occurred, or initiate an investigation with the
    appropriate law enforcement officials.
         (5.2)  To issue a cease and desist notice to persons
    shipping alcoholic liquor into this State  from  a  point
    outside  of this State if the shipment is in violation of
    this Act.
         (5.3)  To receive complaints from  licensees,  local
    officials,  law  enforcement agencies, organizations, and
    persons  stating  that  any  licensee  has  been  or   is
    violating  any  provision  of  this  Act or the rules and
    regulations issued pursuant to this Act.  Such complaints
    shall be in writing, signed and sworn to  by  the  person
    making  the  complaint,  and shall state with specificity
    the facts in relation to the alleged violation.   If  the
    Commission  has  reasonable  grounds  to believe that the
    complaint substantially alleges a violation of  this  Act
    or rules and regulations adopted pursuant to this Act, it
    shall  conduct an investigation.  If, after conducting an
    investigation,  the  Commission  is  satisfied  that  the
    alleged  violation  did  occur,  it  shall  proceed  with
    disciplinary action against the licensee as  provided  in
    this Act.
         (6)  To  hear and determine appeals from orders of a
    local commission in accordance  with  the  provisions  of
    this  Act,  as hereinafter set forth. Hearings under this
    subsection shall be held in Springfield  or  Chicago,  at
    whichever   location  is  the  more  convenient  for  the
    majority of persons who are parties to the hearing.
         (7)  The commission shall establish uniform  systems
    of  accounts  to  be  kept by all retail licensees having
    more  than  4  employees,  and  for  this   purpose   the
    commission  may classify all retail licensees having more
    than 4  employees  and  establish  a  uniform  system  of
    accounts for each class and prescribe the manner in which
    such  accounts  shall  be  kept.  The commission may also
    prescribe the forms of accounts to be kept by all  retail
    licensees having more than 4 employees, including but not
    limited  to  accounts  of  earnings  and expenses and any
    distribution, payment, or other distribution of  earnings
    or  assets,  and  any  other forms, records and memoranda
    which in the judgment of the commission may be  necessary
    or appropriate to carry out any of the provisions of this
    Act, including but not limited to such forms, records and
    memoranda  as will readily and accurately disclose at all
    times the beneficial ownership of  such  retail  licensed
    business.   The  accounts,  forms,  records and memoranda
    shall be available at all reasonable times for inspection
    by authorized representatives of the State commission  or
    by  any  local  liquor control commissioner or his or her
    authorized representative. The commission, may, from time
    to time, alter, amend or repeal, in whole or in part, any
    uniform system of accounts, or the  form  and  manner  of
    keeping accounts.
         (8)  In  the conduct of any hearing authorized to be
    held by the commission, to appoint, at  the  commission's
    discretion,   hearing   officers   to   conduct  hearings
    involving complex issues or issues that  will  require  a
    protracted  period  of  time  to  resolve, to examine, or
    cause to be examined, under oath, any  licensee,  and  to
    examine  or cause to be examined the books and records of
    such licensee; to hear testimony and take proof  material
    for  its  information  in  the  discharge  of  its duties
    hereunder; to administer  or  cause  to  be  administered
    oaths;  and  for  any  such  purpose to issue subpoena or
    subpoenas to require the attendance of witnesses and  the
    production of books, which shall be effective in any part
    of this State, and to adopt rules to implement its powers
    under this paragraph (8).
         Any Circuit Court may by order duly entered, require
    the   attendance  of  witnesses  and  the  production  of
    relevant books subpoenaed by the State commission and the
    court may compel obedience to its  order  by  proceedings
    for contempt.
         (9)  To  investigate  the  administration of laws in
    relation to alcoholic liquors in this  and  other  states
    and  any foreign countries, and to recommend from time to
    time to the Governor  and  through  him  or  her  to  the
    legislature  of  this State, such amendments to this Act,
    if any, as it may think desirable and as  will  serve  to
    further  the  general broad purposes contained in Section
    1-2 hereof.
         (10)  To adopt such rules and regulations consistent
    with the provisions of this Act which shall be  necessary
    for  the control, sale or disposition of alcoholic liquor
    damaged as a result of an accident, wreck, flood, fire or
    other similar occurrence.
         (11)  To  develop  industry   educational   programs
    related  to responsible serving and selling, particularly
    in  the  areas  of  overserving  consumers  and   illegal
    underage   purchasing   and   consumption   of  alcoholic
    beverages.
         (11.1)  To license persons providing  education  and
    training  to  alcohol  beverage sellers and servers under
    the Beverage Alcohol Sellers and  Servers  Education  and
    Training  (BASSET) programs and to develop and administer
    a public awareness  program  in  Illinois  to  reduce  or
    eliminate   the   illegal  purchase  and  consumption  of
    alcoholic beverage products by persons under the  age  of
    21.  Application  for  a  license  shall be made on forms
    provided by the State Commission.
         (12)  To  develop  and  maintain  a  repository   of
    license and regulatory information.
         (13)  On  or before January 15, 1994, the Commission
    shall issue a written report to the Governor and  General
    Assembly  that is to be based on a comprehensive study of
    the impact on and implications for the State of  Illinois
    of  Section 1926 of the Federal ADAMHA Reorganization Act
    of 1992 (Public Law 102-321).  This study  shall  address
    the  extent to which Illinois currently complies with the
    provisions of P.L.  102-321  and  the  rules  promulgated
    pursuant thereto.
         As  part of its report, the Commission shall provide
    the following essential information:
              (i)  the  number  of  retail  distributors   of
         tobacco  products,  by  type and geographic area, in
         the State;
              (ii)  the  number  of  reported  citations  and
         successful  convictions,  categorized  by  type  and
         location of retail distributor, for violation of the
         Sale of Tobacco to  Minors  Act  and  the  Smokeless
         Tobacco Limitation Act;
              (iii)  the   extent  and  nature  of  organized
         educational and  governmental  activities  that  are
         intended  to  promote, encourage or otherwise secure
         compliance with any Illinois laws that prohibit  the
         sale  or distribution of tobacco products to minors;
         and
              (iv)  the level of access and  availability  of
         tobacco products to individuals under the age of 18.
    To   obtain   the  data  necessary  to  comply  with  the
provisions of P.L.  102-321  and  the  requirements  of  this
report,  the  Commission  shall  conduct  random, unannounced
inspections   of   a   geographically   and    scientifically
representative   sample   of   the   State's  retail  tobacco
distributors.
    The Commission  shall  consult  with  the  Department  of
Public Health, the Department of Human Services, the Illinois
State  Police  and  any  other  executive  branch agency, and
private organizations that may have information  relevant  to
this report.
    The  Commission  may  contract  with  the  Food  and Drug
Administration of the U.S. Department  of  Health  and  Human
Services  to  conduct  unannounced investigations of Illinois
tobacco vendors to determine  compliance  with  federal  laws
relating  to  the  illegal  sale  of cigarettes and smokeless
tobacco products to persons under the age of 18.
    (b)  On or before April 30, 1999,  the  Commission  shall
present  a  written  report  to  the Governor and the General
Assembly that shall be based on a study of the impact of this
amendatory  Act  of  1998  on  the  business  of  soliciting,
selling, and shipping alcoholic liquor from outside  of  this
State directly to residents of this State.
    As  part  of its report, the Commission shall provide the
following information:
         (i)  the  amount  of  State  excise  and  sales  tax
    revenues generated as a result of this amendatory Act  of
    1998;
         (ii)  the  amount  of  licensing  fees received as a
    result of this amendatory Act of 1998;
         (iii)  the number of reported violations, the number
    of cease and desist notices issued by the Commission, the
    number of notices of violations issued to the  Department
    of  Revenue,  and the number of notices and complaints of
    violations to law enforcement officials.
(Source: P.A. 91-553,  eff.  8-14-99;  91-922,  eff.  7-7-00;
92-378, eff. 8-16-01.)

    (235 ILCS 5/6-11) (from Ch. 43, par. 127)
    Sec.  6-11.  No  license  shall be issued for the sale at
retail of any alcoholic liquor within 100 feet of any church,
school  other  than  an  institution  of   higher   learning,
hospital,  home for aged or indigent persons or for veterans,
their spouses or children or any military or  naval  station,
provided,  that  this  prohibition  shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants,  food  shops  or  other  places  where  sale  of
alcoholic liquors is not the principal business carried on if
the place of  business  so  exempted  is  not  located  in  a
municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale
at  retail of alcoholic liquor on premises within 100 feet of
any church or school where the  church  or  school  has  been
established  within  such  100 feet since the issuance of the
original license.  In the case of a church, the  distance  of
100  feet  shall  be  measured  to  the  nearest  part of any
building used for worship services  or  educational  programs
and not to property boundaries.
    Nothing  in this Section shall prohibit the issuance of a
retail license authorizing the sale of alcoholic liquor to  a
restaurant,  the  primary  business  of  which is the sale of
goods baked on the premises if (i) the  restaurant  is  newly
constructed  and  located  on  a  lot of not less than 10,000
square feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the  licensee  is  the  titleholder  to  the
premises   and   resides   on  the  premises,  and  (iv)  the
construction of the restaurant is completed within 18  months
of the effective date of this amendatory Act of 1998.
    Nothing  in this Section shall prohibit the issuance of a
retail license  authorizing  the  sale  of  alcoholic  liquor
incidental to a restaurant if (1) the primary business of the
restaurant  consists  of  the  sale of food where the sale of
liquor is incidental to the sale of food and the applicant is
a completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the  restaurant
is  located  operated the premises as a restaurant and held a
valid retail license authorizing the sale of alcoholic liquor
at the restaurant for at least part of the 24  months  before
the change of ownership, and (3) the restaurant is located 75
or more feet from a school.
    In  the  interest of further developing Illinois' economy
in the area of commerce,  tourism,  convention,  and  banquet
business,  nothing in this Section shall prohibit issuance of
a retail license authorizing the sale of alcoholic  beverages
to  a  restaurant,  banquet facility, grocery store, or hotel
having not fewer than 150 guest room  accommodations  located
in   a   municipality   of   more   than   500,000   persons,
notwithstanding  the  proximity  of  such  hotel, restaurant,
banquet facility, or grocery store to any church  or  school,
if the licensed premises described on the license are located
within an enclosed mall or building of a height of at least 6
stories,  or  60 feet in the case of a building that has been
registered as a national landmark,  or  in  a  grocery  store
having  a  minimum  of 56,010 square feet of floor space in a
single story building in an open mall of at least 3.96  acres
that  is  adjacent  to  a public school that opened as a boys
technical high school in 1934, and in each of these cases  if
the  sale  of alcoholic liquors is not the principal business
carried on by the licensee.
    For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties  and  where
the sale of alcoholic liquors is not the principal business.
    Nothing  in this Section shall prohibit the issuance of a
license to a church or  private  school  to  sell  at  retail
alcoholic  liquor  if  any  such sales are limited to periods
when groups are assembled on  the  premises  solely  for  the
promotion  of  some  common  object  other  than  the sale or
consumption of alcoholic liquors.
    Nothing in this Section shall prohibit a church or church
affiliated school located in a home rule municipality or in a
municipality with 75,000 or more  inhabitants  from  locating
within   100  feet  of  a  property  for  which  there  is  a
preexisting license to sell alcoholic liquor at  retail.   In
these instances, the local zoning authority may, by ordinance
adopted  simultaneously  with  the  granting  of  an  initial
special use zoning permit for the church or church affiliated
school, provide that the 100-foot restriction in this Section
shall  not  apply  to that church or church affiliated school
and future retail liquor licenses.
(Source: P.A. 90-617, eff.  7-10-98;  90-655,  eff.  7-30-98;
91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 30, 2002.
    Approved August 21, 2002.
    Effective August 21, 2002.

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