Illinois General Assembly - Full Text of HB3625
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Full Text of HB3625  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Michael J. Zalewski


235 ILCS 5/3-4  from Ch. 43, par. 100
235 ILCS 5/3-12
235 ILCS 5/10-1  from Ch. 43, par. 183

    Amends the Liquor Control Act of 1934. Provides that investigators of the Liquor Control Commission are peace officers with jurisdiction, including arrest powers, throughout the State. Provides that no investigator shall exercise the powers of a peace officer until he or she has qualified as a peace officer according to the requirements set by the Illinois Law Enforcement Training Standards Board. Requires the Executive Director of the Liquor Control Commission to authorize each investigator and to issue a distinctive badge and identification. Provides that where an investigation has revealed a violation of the Act, the Commission may also issue a cease and desist notice or file a complaint with the Attorney General (currently, the Commission can only inform the local liquor authority or file a complaint with the State's Attorney).

LRB101 10564 HLH 55670 b





HB3625LRB101 10564 HLH 55670 b

1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 3-4, 3-12, and 10-1 as follows:
6    (235 ILCS 5/3-4)  (from Ch. 43, par. 100)
7    Sec. 3-4. The commission shall obtain, pursuant to the
8provisions of the "Personnel Code" enacted by the 69th General
9Assembly, such inspectors, clerks and other employees as may be
10necessary to carry out the provisions of this Act, or to
11perform the duties and exercise the powers conferred by law
12upon the commission.
13    The Commission shall have the power to appoint
14investigators to conduct investigations, searches, seizures,
15arrest and other duties required to enforce the provisions of
16this Act, on behalf of the Commission, and ensure the health,
17safety, and welfare of the People of the State of Illinois. The
18Commission's investigators are peace officers and have all the
19powers possessed by police officers in cities and by sheriffs.
20Commission investigators may exercise these powers throughout
21the State. No Commission investigator may have peace officer
22status or may exercise police powers unless: (i) he or she
23successfully completes the basic police training course



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1mandated and approved by the Illinois Law Enforcement Training
2Standards Board; or (ii) the Illinois Law Enforcement Training
3Standards Board waives the training requirement by reason of
4the inspector's prior law enforcement experience or training or
6    The Executive Director must authorize to each investigator
7of the Commission and to any other employee of the Department
8exercising the powers of a peace officer a distinct badge that,
9on its face, (i) clearly states that the badge is authorized by
10the Commission and (ii) contains a unique identifying number.
11No other badge shall be authorized by the Commission. Nothing
12in this Section prohibits the Executive Director from issuing
13shields or other distinctive identification to employees
14performing security or regulatory duties who are not peace
15officers if the Executive Director determines that a shield or
16distinctive identification is needed by the employee to carry
17out his or her responsibilities.
18(Source: P.A. 82-783.)
19    (235 ILCS 5/3-12)
20    Sec. 3-12. Powers and duties of State Commission.
21    (a) The State Commission shall have the following powers,
22functions, and duties:
23        (1) To receive applications and to issue licenses to
24    manufacturers, foreign importers, importing distributors,
25    distributors, non-resident dealers, on premise consumption



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1    retailers, off premise sale retailers, special event
2    retailer licensees, special use permit licenses, auction
3    liquor licenses, brew pubs, caterer retailers,
4    non-beverage users, railroads, including owners and
5    lessees of sleeping, dining and cafe cars, airplanes,
6    boats, brokers, and wine maker's premises licensees in
7    accordance with the provisions of this Act, and to suspend
8    or revoke such licenses upon the State Commission's
9    determination, upon notice after hearing, that a licensee
10    has violated any provision of this Act or any rule or
11    regulation issued pursuant thereto and in effect for 30
12    days prior to such violation. Except in the case of an
13    action taken pursuant to a violation of Section 6-3, 6-5,
14    or 6-9, any action by the State Commission to suspend or
15    revoke a licensee's license may be limited to the license
16    for the specific premises where the violation occurred. An
17    action for a violation of this Act shall be commenced by
18    the State Commission within 2 years after the date the
19    State Commission becomes aware of the violation.
20        In lieu of suspending or revoking a license, the
21    commission may impose a fine, upon the State Commission's
22    determination and notice after hearing, that a licensee has
23    violated any provision of this Act or any rule or
24    regulation issued pursuant thereto and in effect for 30
25    days prior to such violation.
26        For the purpose of this paragraph (1), when determining



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1    multiple violations for the sale of alcohol to a person
2    under the age of 21, a second or subsequent violation for
3    the sale of alcohol to a person under the age of 21 shall
4    only be considered if it was committed within 5 years after
5    the date when a prior violation for the sale of alcohol to
6    a person under the age of 21 was committed.
7        The fine imposed under this paragraph may not exceed
8    $500 for each violation. Each day that the activity, which
9    gave rise to the original fine, continues is a separate
10    violation. The maximum fine that may be levied against any
11    licensee, for the period of the license, shall not exceed
12    $20,000. The maximum penalty that may be imposed on a
13    licensee for selling a bottle of alcoholic liquor with a
14    foreign object in it or serving from a bottle of alcoholic
15    liquor with a foreign object in it shall be the destruction
16    of that bottle of alcoholic liquor for the first 10 bottles
17    so sold or served from by the licensee. For the eleventh
18    bottle of alcoholic liquor and for each third bottle
19    thereafter sold or served from by the licensee with a
20    foreign object in it, the maximum penalty that may be
21    imposed on the licensee is the destruction of the bottle of
22    alcoholic liquor and a fine of up to $50.
23        Any notice issued by the State Commission to a licensee
24    for a violation of this Act or any notice with respect to
25    settlement or offer in compromise shall include the field
26    report, photographs, and any other supporting



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1    documentation necessary to reasonably inform the licensee
2    of the nature and extent of the violation or the conduct
3    alleged to have occurred. The failure to include such
4    required documentation shall result in the dismissal of the
5    action.
6        (2) To adopt such rules and regulations consistent with
7    the provisions of this Act which shall be necessary to
8    carry on its functions and duties to the end that the
9    health, safety and welfare of the People of the State of
10    Illinois shall be protected and temperance in the
11    consumption of alcoholic liquors shall be fostered and
12    promoted and to distribute copies of such rules and
13    regulations to all licensees affected thereby.
14        (3) To call upon other administrative departments of
15    the State, county and municipal governments, county and
16    city police departments and upon prosecuting officers for
17    such information and assistance as it deems necessary in
18    the performance of its duties.
19        (4) To recommend to local commissioners rules and
20    regulations, not inconsistent with the law, for the
21    distribution and sale of alcoholic liquors throughout the
22    State.
23        (5) To inspect, or cause to be inspected, any premises
24    in this State where alcoholic liquors are manufactured,
25    distributed, warehoused, or sold. Nothing in this Act
26    authorizes an agent of the Commission to inspect private



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1    areas within the premises without reasonable suspicion or a
2    warrant during an inspection. "Private areas" include, but
3    are not limited to, safes, personal property, and closed
4    desks.
5        (5.1) Upon receipt of a complaint or upon having
6    knowledge that any person is engaged in business as a
7    manufacturer, importing distributor, distributor, or
8    retailer without a license or valid license, to conduct an
9    investigation. If, after conducting an investigation, the
10    Commission is satisfied that the alleged conduct occurred
11    or is occurring, it may issue cease and desist notice(s) as
12    provided in this Act, to notify the local liquor authority,
13    or file a complaint with the State's Attorney's Office of
14    the county where the incident occurred, or the Office of
15    the Illinois Attorney General initiate an investigation
16    with the appropriate law enforcement officials.
17        (5.2) To issue a cease and desist notice to persons
18    shipping alcoholic liquor into this State from a point
19    outside of this State if the shipment is in violation of
20    this Act or to persons engaged in business as a
21    manufacturer, importing distributor, distributor or
22    retailer without a license.
23        (5.3) To receive complaints from licensees, local
24    officials, law enforcement agencies, organizations, and
25    persons stating that any licensee has been or is violating
26    any provision of this Act or the rules and regulations



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1    issued pursuant to this Act. Such complaints shall be in
2    writing, signed and sworn to by the person making the
3    complaint, and shall state with specificity the facts in
4    relation to the alleged violation. If the Commission has
5    reasonable grounds to believe that the complaint
6    substantially alleges a violation of this Act or rules and
7    regulations adopted pursuant to this Act, it shall conduct
8    an investigation. If, after conducting an investigation,
9    the Commission is satisfied that the alleged violation did
10    occur, it shall proceed with disciplinary action against
11    the licensee as provided in this Act.
12        (5.4) To make arrests and issue notices of civil
13    violations where necessary for the enforcement of this
14    Chapter.
15        (6) To hear and determine appeals from orders of a
16    local commission in accordance with the provisions of this
17    Act, as hereinafter set forth. Hearings under this
18    subsection shall be held in Springfield or Chicago, at
19    whichever location is the more convenient for the majority
20    of persons who are parties to the hearing.
21        (7) The commission shall establish uniform systems of
22    accounts to be kept by all retail licensees having more
23    than 4 employees, and for this purpose the commission may
24    classify all retail licensees having more than 4 employees
25    and establish a uniform system of accounts for each class
26    and prescribe the manner in which such accounts shall be



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1    kept. The commission may also prescribe the forms of
2    accounts to be kept by all retail licensees having more
3    than 4 employees, including but not limited to accounts of
4    earnings and expenses and any distribution, payment, or
5    other distribution of earnings or assets, and any other
6    forms, records and memoranda which in the judgment of the
7    commission may be necessary or appropriate to carry out any
8    of the provisions of this Act, including but not limited to
9    such forms, records and memoranda as will readily and
10    accurately disclose at all times the beneficial ownership
11    of such retail licensed business. The accounts, forms,
12    records and memoranda shall be available at all reasonable
13    times for inspection by authorized representatives of the
14    State Commission or by any local liquor control
15    commissioner or his or her authorized representative. The
16    commission, may, from time to time, alter, amend or repeal,
17    in whole or in part, any uniform system of accounts, or the
18    form and manner of keeping accounts.
19        (8) In the conduct of any hearing authorized to be held
20    by the commission, to appoint, at the commission's
21    discretion, hearing officers to conduct hearings involving
22    complex issues or issues that will require a protracted
23    period of time to resolve, to examine, or cause to be
24    examined, under oath, any licensee, and to examine or cause
25    to be examined the books and records of such licensee; to
26    hear testimony and take proof material for its information



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1    in the discharge of its duties hereunder; to administer or
2    cause to be administered oaths; for any such purpose to
3    issue subpoena or subpoenas to require the attendance of
4    witnesses and the production of books, which shall be
5    effective in any part of this State, and to adopt rules to
6    implement its powers under this paragraph (8).
7        Any circuit court may by order duly entered, require
8    the attendance of witnesses and the production of relevant
9    books subpoenaed by the State Commission and the court may
10    compel obedience to its order by proceedings for contempt.
11        (9) To investigate the administration of laws in
12    relation to alcoholic liquors in this and other states and
13    any foreign countries, and to recommend from time to time
14    to the Governor and through him or her to the legislature
15    of this State, such amendments to this Act, if any, as it
16    may think desirable and as will serve to further the
17    general broad purposes contained in Section 1-2 hereof.
18        (10) To adopt such rules and regulations consistent
19    with the provisions of this Act which shall be necessary
20    for the control, sale or disposition of alcoholic liquor
21    damaged as a result of an accident, wreck, flood, fire or
22    other similar occurrence.
23        (11) To develop industry educational programs related
24    to responsible serving and selling, particularly in the
25    areas of overserving consumers and illegal underage
26    purchasing and consumption of alcoholic beverages.



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1        (11.1) To license persons providing education and
2    training to alcohol beverage sellers and servers for
3    mandatory and non-mandatory training under the Beverage
4    Alcohol Sellers and Servers Education and Training
5    (BASSET) programs and to develop and administer a public
6    awareness program in Illinois to reduce or eliminate the
7    illegal purchase and consumption of alcoholic beverage
8    products by persons under the age of 21. Application for a
9    license shall be made on forms provided by the State
10    Commission.
11        (12) To develop and maintain a repository of license
12    and regulatory information.
13        (13) (Blank).
14        (14) On or before April 30, 2008 and every 2 years
15    thereafter, the Commission shall present a written report
16    to the Governor and the General Assembly that shall be
17    based on a study of the impact of Public Act 95-634 on the
18    business of soliciting, selling, and shipping wine from
19    inside and outside of this State directly to residents of
20    this State. As part of its report, the Commission shall
21    provide all of the following information:
22            (A) The amount of State excise and sales tax
23        revenues generated.
24            (B) The amount of licensing fees received.
25            (C) The number of cases of wine shipped from inside
26        and outside of this State directly to residents of this



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1        State.
2            (D) The number of alcohol compliance operations
3        conducted.
4            (E) The number of winery shipper's licenses
5        issued.
6            (F) The number of each of the following: reported
7        violations; cease and desist notices issued by the
8        Commission; notices of violations issued by the
9        Commission and to the Department of Revenue; and
10        notices and complaints of violations to law
11        enforcement officials, including, without limitation,
12        the Illinois Attorney General and the U.S. Department
13        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
14        (15) As a means to reduce the underage consumption of
15    alcoholic liquors, the Commission shall conduct alcohol
16    compliance operations to investigate whether businesses
17    that are soliciting, selling, and shipping wine from inside
18    or outside of this State directly to residents of this
19    State are licensed by this State or are selling or
20    attempting to sell wine to persons under 21 years of age in
21    violation of this Act.
22        (16) The Commission shall, in addition to notifying any
23    appropriate law enforcement agency, submit notices of
24    complaints or violations of Sections 6-29 and 6-29.1 by
25    persons who do not hold a winery shipper's license under
26    this Act to the Illinois Attorney General and to the U.S.



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1    Department of Treasury's Alcohol and Tobacco Tax and Trade
2    Bureau.
3        (17)(A) A person licensed to make wine under the laws
4    of another state who has a winery shipper's license under
5    this Act and annually produces less than 25,000 gallons of
6    wine or a person who has a first-class or second-class wine
7    manufacturer's license, a first-class or second-class
8    wine-maker's license, or a limited wine manufacturer's
9    license under this Act and annually produces less than
10    25,000 gallons of wine may make application to the
11    Commission for a self-distribution exemption to allow the
12    sale of not more than 5,000 gallons of the exemption
13    holder's wine to retail licensees per year.
14        (B) In the application, which shall be sworn under
15    penalty of perjury, such person shall state (1) the date it
16    was established; (2) its volume of production and sales for
17    each year since its establishment; (3) its efforts to
18    establish distributor relationships; (4) that a
19    self-distribution exemption is necessary to facilitate the
20    marketing of its wine; and (5) that it will comply with the
21    liquor and revenue laws of the United States, this State,
22    and any other state where it is licensed.
23        (C) The Commission shall approve the application for a
24    self-distribution exemption if such person: (1) is in
25    compliance with State revenue and liquor laws; (2) is not a
26    member of any affiliated group that produces more than



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1    25,000 gallons of wine per annum or produces any other
2    alcoholic liquor; (3) will not annually produce for sale
3    more than 25,000 gallons of wine; and (4) will not annually
4    sell more than 5,000 gallons of its wine to retail
5    licensees.
6        (D) A self-distribution exemption holder shall
7    annually certify to the Commission its production of wine
8    in the previous 12 months and its anticipated production
9    and sales for the next 12 months. The Commission may fine,
10    suspend, or revoke a self-distribution exemption after a
11    hearing if it finds that the exemption holder has made a
12    material misrepresentation in its application, violated a
13    revenue or liquor law of Illinois, exceeded production of
14    25,000 gallons of wine in any calendar year, or become part
15    of an affiliated group producing more than 25,000 gallons
16    of wine or any other alcoholic liquor.
17        (E) Except in hearings for violations of this Act or
18    Public Act 95-634 or a bona fide investigation by duly
19    sworn law enforcement officials, the Commission, or its
20    agents, the Commission shall maintain the production and
21    sales information of a self-distribution exemption holder
22    as confidential and shall not release such information to
23    any person.
24        (F) The Commission shall issue regulations governing
25    self-distribution exemptions consistent with this Section
26    and this Act.



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1        (G) Nothing in this paragraph subsection (17) shall
2    prohibit a self-distribution exemption holder from
3    entering into or simultaneously having a distribution
4    agreement with a licensed Illinois distributor.
5        (H) It is the intent of this paragraph subsection (17)
6    to promote and continue orderly markets. The General
7    Assembly finds that in order to preserve Illinois'
8    regulatory distribution system it is necessary to create an
9    exception for smaller makers of wine as their wines are
10    frequently adjusted in varietals, mixes, vintages, and
11    taste to find and create market niches sometimes too small
12    for distributor or importing distributor business
13    strategies. Limited self-distribution rights will afford
14    and allow smaller makers of wine access to the marketplace
15    in order to develop a customer base without impairing the
16    integrity of the 3-tier system.
17        (18)(A) A class 1 brewer licensee, who must also be
18    either a licensed brewer or licensed non-resident dealer
19    and annually manufacture less than 930,000 gallons of beer,
20    may make application to the State Commission for a
21    self-distribution exemption to allow the sale of not more
22    than 232,500 gallons of the exemption holder's beer per
23    year to retail licensees and to brewers, class 1 brewers,
24    and class 2 brewers that, pursuant to subsection (e) of
25    Section 6-4 of this Act, sell beer, cider, or both beer and
26    cider to non-licensees at their breweries.



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1        (B) In the application, which shall be sworn under
2    penalty of perjury, the class 1 brewer licensee shall state
3    (1) the date it was established; (2) its volume of beer
4    manufactured and sold for each year since its
5    establishment; (3) its efforts to establish distributor
6    relationships; (4) that a self-distribution exemption is
7    necessary to facilitate the marketing of its beer; and (5)
8    that it will comply with the alcoholic beverage and revenue
9    laws of the United States, this State, and any other state
10    where it is licensed.
11        (C) Any application submitted shall be posted on the
12    State Commission's website at least 45 days prior to action
13    by the State Commission. The State Commission shall approve
14    the application for a self-distribution exemption if the
15    class 1 brewer licensee: (1) is in compliance with the
16    State, revenue, and alcoholic beverage laws; (2) is not a
17    member of any affiliated group that manufactures more than
18    930,000 gallons of beer per annum or produces any other
19    alcoholic beverages; (3) shall not annually manufacture
20    for sale more than 930,000 gallons of beer; (4) shall not
21    annually sell more than 232,500 gallons of its beer to
22    retail licensees or to brewers, class 1 brewers, and class
23    2 brewers that, pursuant to subsection (e) of Section 6-4
24    of this Act, sell beer, cider, or both beer and cider to
25    non-licensees at their breweries; and (5) has relinquished
26    any brew pub license held by the licensee, including any



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1    ownership interest it held in the licensed brew pub.
2        (D) A self-distribution exemption holder shall
3    annually certify to the State Commission its manufacture of
4    beer during the previous 12 months and its anticipated
5    manufacture and sales of beer for the next 12 months. The
6    State Commission may fine, suspend, or revoke a
7    self-distribution exemption after a hearing if it finds
8    that the exemption holder has made a material
9    misrepresentation in its application, violated a revenue
10    or alcoholic beverage law of Illinois, exceeded the
11    manufacture of 930,000 gallons of beer in any calendar year
12    or became part of an affiliated group manufacturing more
13    than 930,000 gallons of beer or any other alcoholic
14    beverage.
15        (E) The State Commission shall issue rules and
16    regulations governing self-distribution exemptions
17    consistent with this Act.
18        (F) Nothing in this paragraph (18) shall prohibit a
19    self-distribution exemption holder from entering into or
20    simultaneously having a distribution agreement with a
21    licensed Illinois importing distributor or a distributor.
22    If a self-distribution exemption holder enters into a
23    distribution agreement and has assigned distribution
24    rights to an importing distributor or distributor, then the
25    self-distribution exemption holder's distribution rights
26    in the assigned territories shall cease in a reasonable



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1    time not to exceed 60 days.
2        (G) It is the intent of this paragraph (18) to promote
3    and continue orderly markets. The General Assembly finds
4    that in order to preserve Illinois' regulatory
5    distribution system, it is necessary to create an exception
6    for smaller manufacturers in order to afford and allow such
7    smaller manufacturers of beer access to the marketplace in
8    order to develop a customer base without impairing the
9    integrity of the 3-tier system.
10    (b) On or before April 30, 1999, the Commission shall
11present a written report to the Governor and the General
12Assembly that shall be based on a study of the impact of Public
13Act 90-739 on the business of soliciting, selling, and shipping
14alcoholic liquor from outside of this State directly to
15residents of this State.
16    As part of its report, the Commission shall provide the
17following information:
18        (i) the amount of State excise and sales tax revenues
19    generated as a result of Public Act 90-739;
20        (ii) the amount of licensing fees received as a result
21    of Public Act 90-739;
22        (iii) the number of reported violations, the number of
23    cease and desist notices issued by the Commission, the
24    number of notices of violations issued to the Department of
25    Revenue, and the number of notices and complaints of
26    violations to law enforcement officials.



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1(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
2100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.
38-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;
4revised 10-24-18.)
5    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
6    Sec. 10-1. Violations; penalties. Whereas a substantial
7threat to the sound and careful control, regulation, and
8taxation of the manufacture, sale, and distribution of
9alcoholic liquors exists by virtue of individuals who
10manufacture, import, distribute, or sell alcoholic liquors
11within the State without having first obtained a valid license
12to do so, and whereas such threat is especially serious along
13the borders of this State, and whereas such threat requires
14immediate correction by this Act, by active investigation and
15prosecution by the Commission, law enforcement officials and
16prosecutors, and by prompt and strict enforcement through the
17courts of this State to punish violators and to deter such
18conduct in the future:
19    (a) Any person who manufactures, imports for distribution
20or use, transports from outside this State into this State, or
21distributes or sells 108 liters (28.53 gallons) or more of
22wine, 45 liters (11.88 gallons) or more of distilled spirits,
23or 118 liters (31.17 gallons) or more of beer at any place
24within the State without having first obtained a valid license
25to do so under the provisions of this Act shall be guilty of a



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1Class 4 felony for each offense. However, any person who was
2duly licensed under this Act and whose license expired within
330 days prior to a violation shall be guilty of a business
4offense and fined not more than $1,000 for the first such
5offense and shall be guilty of a Class 4 felony for each
6subsequent offense.
7    Any person who manufactures, imports for distribution,
8transports from outside this State into this State for sale or
9resale in this State, or distributes or sells less than 108
10liters (28.53 gallons) of wine, less than 45 liters (11.88
11gallons) of distilled spirits, or less than 118 liters (31.17
12gallons) of beer at any place within the State without having
13first obtained a valid license to do so under the provisions of
14this Act shall be guilty of a business offense and fined not
15more than $1,000 for the first such offense and shall be guilty
16of a Class 4 felony for each subsequent offense. This
17subsection does not apply to a motor carrier or freight
18forwarder, as defined in Section 13102 of Title 49 of the
19United States Code, an air carrier, as defined in Section 40102
20of Title 49 of the United States Code, or a rail carrier, as
21defined in Section 10102 of Title 49 of the United States Code.
22    Any person who both has been issued an initial cease and
23desist notice from the State Commission and for compensation
24ships alcoholic liquor into this State without a license
25authorized by Section 5-1 issued by the State Commission or in
26violation of that license is guilty of a Class 4 felony for



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1each offense.
2    (b) (1) Any retailer, licensed in this State, who knowingly
3causes to furnish, give, sell, or otherwise being within the
4State, any alcoholic liquor destined to be used, distributed,
5consumed or sold in another state, unless such alcoholic liquor
6was received in this State by a duly licensed distributor, or
7importing distributors shall have his license suspended for 7
8days for the first offense and for the second offense, shall
9have his license revoked by the Commission.
10    (2) In the event the Commission receives a certified copy
11of a final order from a foreign jurisdiction that an Illinois
12retail licensee has been found to have violated that foreign
13jurisdiction's laws, rules, or regulations concerning the
14importation of alcoholic liquor into that foreign
15jurisdiction, the violation may be grounds for the Commission
16to revoke, suspend, or refuse to issue or renew a license, to
17impose a fine, or to take any additional action provided by
18this Act with respect to the Illinois retail license or
19licensee. Any such action on the part of the Commission shall
20be in accordance with this Act and implementing rules.
21    For the purposes of paragraph (2): (i) "foreign
22jurisdiction" means a state, territory, or possession of the
23United States, the District of Columbia, or the Commonwealth of
24Puerto Rico, and (ii) "final order" means an order or judgment
25of a court or administrative body that determines the rights of
26the parties respecting the subject matter of the proceeding,



HB3625- 21 -LRB101 10564 HLH 55670 b

1that remains in full force and effect, and from which no appeal
2can be taken.
3    (c) Any person who shall make any false statement or
4otherwise violates any of the provisions of this Act in
5obtaining any license hereunder, or who having obtained a
6license hereunder shall violate any of the provisions of this
7Act with respect to the manufacture, possession, distribution
8or sale of alcoholic liquor, or with respect to the maintenance
9of the licensed premises, or shall violate any other provision
10of this Act, shall for a first offense be guilty of a petty
11offense and fined not more than $500, and for a second or
12subsequent offense shall be guilty of a Class B misdemeanor.
13    (c-5) Any owner of an establishment that serves alcohol on
14its premises, if more than 50% of the establishment's gross
15receipts within the prior 3 months is from the sale of alcohol,
16who knowingly fails to prohibit concealed firearms on its
17premises or who knowingly makes a false statement or record to
18avoid the prohibition of concealed firearms on its premises
19under the Firearm Concealed Carry Act shall be guilty of a
20business offense with a fine up to $5,000.
21    (d) Each day any person engages in business as a
22manufacturer, foreign importer, importing distributor,
23distributor or retailer in violation of the provisions of this
24Act shall constitute a separate offense.
25    (e) Any person, under the age of 21 years who, for the
26purpose of buying, accepting or receiving alcoholic liquor from



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1a licensee, represents that he is 21 years of age or over shall
2be guilty of a Class A misdemeanor.
3    (f) In addition to the penalties herein provided, any
4person licensed as a wine-maker in either class who
5manufactures more wine than authorized by his license shall be
6guilty of a business offense and shall be fined $1 for each
7gallon so manufactured.
8    (g) A person shall be exempt from prosecution for a
9violation of this Act if he is a peace officer in the
10enforcement of the criminal laws and such activity is approved
11in writing by one of the following:
12        (1) In all counties, the respective State's Attorney;
13        (2) The Director of State Police under Section 2605-10,
14    2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
15    2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
16    2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
17    2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
18    2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
19    2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
20    2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
21    Department of State Police Law (20 ILCS 2605/2605-10,
22    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
23    2605/2605-110, 2605/2605-115, 2605/2605-120,
24    2605/2605-130, 2605/2605-140, 2605/2605-190,
25    2605/2605-200, 2605/2605-205, 2605/2605-210,
26    2605/2605-215, 2605/2605-250, 2605/2605-275,



HB3625- 23 -LRB101 10564 HLH 55670 b

1    2605/2605-300, 2605/2605-305, 2605/2605-315,
2    2605/2605-325, 2605/2605-335, 2605/2605-340,
3    2605/2605-350, 2605/2605-355, 2605/2605-360,
4    2605/2605-365, 2605/2605-375, 2605/2605-390,
5    2605/2605-400, 2605/2605-405, 2605/2605-420,
6    2605/2605-430, 2605/2605-435, 2605/2605-500,
7    2605/2605-525, or 2605/2605-550); or
8        (3) In cities over 1,000,000, the Superintendent of
9    Police.
10(Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17.)