Rep. Kelly M. Cassidy

Filed: 4/26/2012

 

 


 

 


 
09700SB3262ham002LRB097 19818 AJO 68866 a

1
AMENDMENT TO SENATE BILL 3262

2    AMENDMENT NO. ______. Amend Senate Bill 3262 on page 1,
3line 5, by replacing "Section 6-11" with "Sections 6-11 and
47-5"; and
 
5on page 25, immediately below line 3, by inserting the
6following:
 
7    "(235 ILCS 5/7-5)  (from Ch. 43, par. 149)
8    Sec. 7-5. The local liquor control commissioner may revoke
9or suspend any license issued by him if he determines that the
10licensee has violated any of the provisions of this Act or of
11any valid ordinance or resolution enacted by the particular
12city council, president, or board of trustees or county board
13(as the case may be) or any applicable rule or regulations
14established by the local liquor control commissioner or the
15State commission which is not inconsistent with law. Upon
16notification by the Illinois Department of Revenue, the State

 

 

09700SB3262ham002- 2 -LRB097 19818 AJO 68866 a

1Commission, in accordance with Section 3-12, may refuse the
2issuance or renewal of a license, fine a licensee, or suspend
3or revoke any license issued by the State Commission if the
4licensee or license applicant has violated the provisions of
5Section 3 of the Retailers' Occupation Tax Act. In addition to
6the suspension, the local liquor control commissioner in any
7county or municipality may levy a fine on the licensee for such
8violations. The fine imposed shall not exceed $1000 for a first
9violation within a 12-month period, $1,500 for a second
10violation within a 12-month period, and $2,500 for a third or
11subsequent violation within a 12-month period. Each day on
12which a violation continues shall constitute a separate
13violation. Not more than $15,000 in fines under this Section
14may be imposed against any licensee during the period of his
15license. Proceeds from such fines shall be paid into the
16general corporate fund of the county or municipal treasury, as
17the case may be.
18    However, no such license shall be so revoked or suspended
19and no licensee shall be fined except after a public hearing by
20the local liquor control commissioner with a 3 day written
21notice to the licensee affording the licensee an opportunity to
22appear and defend. All such hearings shall be open to the
23public and the local liquor control commissioner shall reduce
24all evidence to writing and shall maintain an official record
25of the proceedings. If the local liquor control commissioner
26has reason to believe that any continued operation of a

 

 

09700SB3262ham002- 3 -LRB097 19818 AJO 68866 a

1particular licensed premises will immediately threaten the
2welfare of the community he may, upon the issuance of a written
3order stating the reason for such conclusion and without notice
4or hearing order the licensed premises closed for not more than
57 days, giving the licensee an opportunity to be heard during
6that period, except that if such licensee shall also be engaged
7in the conduct of another business or businesses on the
8licensed premises such order shall not be applicable to such
9other business or businesses.
10    The local liquor control commissioner shall within 5 days
11after such hearing, if he determines after such hearing that
12the license should be revoked or suspended or that the licensee
13should be fined, state the reason or reasons for such
14determination in a written order, and either the amount of the
15fine, the period of suspension, or that the license has been
16revoked, and shall serve a copy of such order within the 5 days
17upon the licensee.
18    If the premises for which the license was issued are
19located outside of a city, village or incorporated town having
20a population of 500,000 or more inhabitants, the licensee after
21the receipt of such order of suspension or revocation shall
22have the privilege within a period of 20 days after the receipt
23of such order of suspension or revocation of appealing the
24order to the State commission for a decision sustaining,
25reversing or modifying the order of the local liquor control
26commissioner. If the State commission affirms the local

 

 

09700SB3262ham002- 4 -LRB097 19818 AJO 68866 a

1commissioner's order to suspend or revoke the license at the
2first hearing, the appellant shall cease to engage in the
3business for which the license was issued, until the local
4commissioner's order is terminated by its own provisions or
5reversed upon rehearing or by the courts.
6    If the premises for which the license was issued are
7located within a city, village or incorporated town having a
8population of 500,000 or more inhabitants, the licensee shall
9have the privilege, within a period of 20 days after the
10receipt of such order of fine, suspension or revocation, of
11appealing the order to the local license appeal commission and
12upon the filing of such an appeal by the licensee the license
13appeal commission shall determine the appeal upon certified
14record of proceedings of the local liquor commissioner in
15accordance with the provisions of Section 7-9. Within 30 days
16after such appeal was heard the license appeal commission shall
17render a decision sustaining or reversing the order of the
18local liquor control commissioner.
19    If the premises for which a license was issued are located
20within a city, village, or incorporated town having a
21population of 1,000,000 or more inhabitants and the local
22liquor control commissioner has reason to believe that any
23continued operation of the licensed premises poses an excessive
24risk to the health, safety, or welfare of the community, then
25the local liquor control commissioner may, upon the issuance of
26a written order stating the reason for that conclusion and

 

 

09700SB3262ham002- 5 -LRB097 19818 AJO 68866 a

1without notice or hearing, order the licensed premises closed
2for not more than 30 days, giving the licensee an opportunity
3to be heard during that period, provided that, if the licensee
4is also engaged in the conduct of another business on the
5licensed premises, the order shall not apply to the other
6business.
7(Source: P.A. 95-331, eff. 8-21-07.)".