Full Text of HB5926 98th General Assembly
HB5926ham002 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5926
| 2 | | AMENDMENT NO. ______. Amend House Bill 5926 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 3-12 and by adding Section 6-27.1 as follows:
| 6 | | (235 ILCS 5/3-12)
| 7 | | Sec. 3-12. Powers and duties of State Commission.
| 8 | | (a) The State commission shall have the following powers, | 9 | | 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
| 14 | | retailer licensees, special use permit licenses, auction | 15 | | liquor licenses, brew
pubs, caterer retailers, | 16 | | non-beverage users, railroads, including owners and
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| 1 | | lessees of sleeping, dining and cafe cars, airplanes, | 2 | | boats, brokers, and wine
maker's premises licensees in | 3 | | accordance with the provisions of this Act, and
to suspend | 4 | | or revoke such licenses upon the State commission's | 5 | | determination,
upon notice after hearing, that a licensee | 6 | | has violated any provision of this
Act or any rule or | 7 | | regulation issued pursuant thereto and in effect for 30 | 8 | | days
prior to such violation. Except in the case of an | 9 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 10 | | or 6-9, any action by the State Commission to
suspend or | 11 | | revoke a licensee's license may be limited to the license | 12 | | for the
specific premises where the violation occurred.
| 13 | | In lieu of suspending or revoking a license, the | 14 | | commission may impose
a fine, upon the State commission's | 15 | | determination and notice after hearing,
that a licensee has | 16 | | violated any provision of this Act or any rule or
| 17 | | regulation issued pursuant thereto and in effect for 30 | 18 | | days prior to such
violation. The fine imposed under this | 19 | | paragraph may not exceed $500 for each
violation. Each day | 20 | | that the activity, which gave rise to the original fine,
| 21 | | continues is a separate violation. The maximum fine that | 22 | | may be levied against
any licensee, for the period of the | 23 | | license, shall not exceed $20,000.
The maximum penalty that | 24 | | may be imposed on a licensee for selling a bottle of
| 25 | | alcoholic liquor with a foreign object in it or serving | 26 | | from a bottle of
alcoholic liquor with a foreign object in |
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| 1 | | it shall be the destruction of that
bottle of alcoholic | 2 | | liquor for the first 10 bottles so sold or served from by
| 3 | | the licensee. For the eleventh bottle of alcoholic liquor | 4 | | and for each third
bottle thereafter sold or served from by | 5 | | the licensee with a foreign object in
it, the maximum | 6 | | penalty that may be imposed on the licensee is the | 7 | | destruction
of the bottle of alcoholic liquor and a fine of | 8 | | up to $50.
| 9 | | (2) To adopt such rules and regulations consistent with | 10 | | the
provisions of this Act which shall be necessary to | 11 | | carry on its
functions and duties to the end that the | 12 | | health, safety and welfare of
the People of the State of | 13 | | Illinois shall be protected and temperance in
the | 14 | | consumption of alcoholic liquors shall be fostered and | 15 | | promoted and
to distribute copies of such rules and | 16 | | regulations to all licensees
affected thereby.
| 17 | | (3) To call upon other administrative departments of | 18 | | the State,
county and municipal governments, county and | 19 | | city police departments and
upon prosecuting officers for | 20 | | such information and assistance as it
deems necessary in | 21 | | the performance of its duties.
| 22 | | (4) To recommend to local commissioners rules and | 23 | | regulations, not
inconsistent with the law, for the | 24 | | distribution and sale of alcoholic
liquors throughout the | 25 | | State.
| 26 | | (5) To inspect, or cause to be inspected, any
premises |
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| 1 | | in this State
where alcoholic liquors are manufactured, | 2 | | distributed, warehoused, or
sold.
| 3 | | (5.1) Upon receipt of a complaint or upon having | 4 | | knowledge that any person
is engaged in business as a | 5 | | manufacturer, importing distributor, distributor,
or | 6 | | retailer without a license or valid license, to notify the | 7 | | local liquor
authority, file a complaint with the State's | 8 | | Attorney's Office of the county
where the incident | 9 | | occurred, or initiate an investigation with the | 10 | | appropriate
law enforcement officials.
| 11 | | (5.2) To issue a cease and desist notice to persons | 12 | | shipping alcoholic
liquor
into this State from a point | 13 | | outside of this State if the shipment is in
violation of | 14 | | this Act.
| 15 | | (5.3) To receive complaints from licensees, local | 16 | | officials, law
enforcement agencies, organizations, and | 17 | | persons stating that any licensee has
been or is violating | 18 | | any provision of this Act or the rules and regulations
| 19 | | issued pursuant to this Act. Such complaints shall be in | 20 | | writing, signed and
sworn to by the person making the | 21 | | complaint, and shall state with specificity
the facts in | 22 | | relation to the alleged violation. If the Commission has
| 23 | | reasonable grounds to believe that the complaint | 24 | | substantially alleges a
violation of this Act or rules and | 25 | | regulations adopted pursuant to this Act, it
shall conduct | 26 | | an investigation. If, after conducting an investigation, |
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| 1 | | the
Commission is satisfied that the alleged violation did | 2 | | occur, it shall proceed
with disciplinary action against | 3 | | the licensee as provided in this Act.
| 4 | | (6) To hear and determine appeals from orders of a | 5 | | local commission
in accordance with the provisions of this | 6 | | Act, as hereinafter set forth.
Hearings under this | 7 | | subsection shall be held in Springfield or Chicago,
at | 8 | | whichever location is the more convenient for the majority | 9 | | of persons
who are parties to the hearing.
| 10 | | (7) The commission shall establish uniform systems of | 11 | | accounts to be
kept by all retail licensees having more | 12 | | than 4 employees, and for this
purpose the commission may | 13 | | classify all retail licensees having more
than 4 employees | 14 | | and establish a uniform system of accounts for each
class | 15 | | and prescribe the manner in which such accounts shall be | 16 | | kept.
The commission may also prescribe the forms of | 17 | | accounts to be kept by
all retail licensees having more | 18 | | than 4 employees, including but not
limited to accounts of | 19 | | earnings and expenses and any distribution,
payment, or | 20 | | other distribution of earnings or assets, and any other
| 21 | | forms, records and memoranda which in the judgment of the | 22 | | commission may
be necessary or appropriate to carry out any | 23 | | of the provisions of this
Act, including but not limited to | 24 | | such forms, records and memoranda as
will readily and | 25 | | accurately disclose at all times the beneficial
ownership | 26 | | of such retail licensed business. The accounts, forms,
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| 1 | | records and memoranda shall be available at all reasonable | 2 | | times for
inspection by authorized representatives of the | 3 | | State commission or by
any local liquor control | 4 | | commissioner or his or her authorized representative.
The | 5 | | commission, may, from time to time, alter, amend or repeal, | 6 | | in whole
or in part, any uniform system of accounts, or the | 7 | | form and manner of
keeping accounts.
| 8 | | (8) In the conduct of any hearing authorized to be held | 9 | | by the
commission, to appoint, at the commission's | 10 | | discretion, hearing officers
to conduct hearings involving | 11 | | complex issues or issues that will require a
protracted | 12 | | period of time to resolve, to examine, or cause to be | 13 | | examined,
under oath, any licensee, and to examine or cause | 14 | | to be examined the books and
records
of such licensee; to | 15 | | hear testimony and take proof material for its
information | 16 | | in the discharge of its duties hereunder; to administer or
| 17 | | cause to be administered oaths; for any such purpose to | 18 | | issue
subpoena or subpoenas to require the attendance of | 19 | | witnesses and the
production of books, which shall be | 20 | | effective in any part of this State, and
to adopt rules to | 21 | | implement its powers under this paragraph (8).
| 22 | | Any Circuit Court may by order duly entered,
require | 23 | | the attendance of witnesses and the production of relevant | 24 | | books
subpoenaed by the State commission and the court may | 25 | | compel
obedience to its order by proceedings for contempt.
| 26 | | (9) To investigate the administration of laws in |
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| 1 | | relation to
alcoholic liquors in this and other states and | 2 | | any foreign countries,
and to recommend from time to time | 3 | | to the Governor and through him or
her to the legislature | 4 | | of this State, such amendments to this Act, if any, as
it | 5 | | may think desirable and as will serve to further the | 6 | | general broad
purposes contained in Section 1-2 hereof.
| 7 | | (10) To adopt such rules and regulations consistent | 8 | | with the
provisions of this Act which shall be necessary | 9 | | for the control, sale or
disposition of alcoholic liquor | 10 | | damaged as a result of an accident, wreck,
flood, fire or | 11 | | other similar occurrence.
| 12 | | (11) To develop industry educational programs related | 13 | | to responsible
serving and selling, particularly in the | 14 | | areas of overserving consumers and
illegal underage | 15 | | purchasing and consumption of alcoholic beverages.
| 16 | | (11.1) To license persons providing education and | 17 | | training to alcohol
beverage sellers and servers for | 18 | | mandatory and non-mandatory training under the
Beverage | 19 | | Alcohol Sellers and Servers
Education and Training | 20 | | (BASSET) programs and to develop and administer a public
| 21 | | awareness program in Illinois to reduce or eliminate the | 22 | | illegal purchase and
consumption of alcoholic beverage | 23 | | products by persons under the age of 21.
Application for a | 24 | | license shall be made on forms provided by the State
| 25 | | Commission.
| 26 | | (12) To develop and maintain a repository of license |
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| 1 | | and regulatory
information.
| 2 | | (13) On or before January 15, 1994, the Commission | 3 | | shall issue
a written report to the Governor and General | 4 | | Assembly that is to be based on a
comprehensive study of | 5 | | the impact on and implications for the State of Illinois
of | 6 | | Section 1926 of the Federal ADAMHA Reorganization Act of | 7 | | 1992 (Public Law
102-321). This study shall address the | 8 | | extent to which Illinois currently
complies with the | 9 | | provisions of P.L. 102-321 and the rules promulgated | 10 | | pursuant
thereto.
| 11 | | As part of its report, the Commission shall provide the | 12 | | following essential
information:
| 13 | | (i) the number of retail distributors of tobacco | 14 | | products, by type and
geographic area, in the State;
| 15 | | (ii) the number of reported citations and | 16 | | successful convictions,
categorized by type and | 17 | | location of retail distributor, for violation of the
| 18 | | Prevention of Tobacco Use by Minors and Sale and | 19 | | Distribution of Tobacco Products Act and the Smokeless
| 20 | | Tobacco Limitation Act;
| 21 | | (iii) the extent and nature of organized | 22 | | educational and governmental
activities that are | 23 | | intended to promote, encourage or otherwise secure
| 24 | | compliance with any Illinois laws that prohibit the | 25 | | sale or distribution of
tobacco products to minors; and
| 26 | | (iv) the level of access and availability of |
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| 1 | | tobacco products to
individuals under the age of 18.
| 2 | | To obtain the data necessary to comply with the | 3 | | provisions of P.L. 102-321
and the requirements of this | 4 | | report, the Commission shall conduct random,
unannounced | 5 | | inspections of a geographically and scientifically | 6 | | representative
sample of the State's retail tobacco | 7 | | distributors.
| 8 | | The Commission shall consult with the Department of | 9 | | Public Health, the
Department of Human Services, the
| 10 | | Illinois State Police and any
other executive branch | 11 | | agency, and private organizations that may have
| 12 | | information relevant to this report.
| 13 | | The Commission may contract with the Food and Drug | 14 | | Administration of the
U.S. Department of Health and Human | 15 | | Services to conduct unannounced
investigations of Illinois | 16 | | tobacco vendors to determine compliance with federal
laws | 17 | | relating to the illegal sale of cigarettes and smokeless | 18 | | tobacco products
to persons under the age of 18.
| 19 | | (14) On or before April 30, 2008 and every 2 years
| 20 | | thereafter, the Commission shall present a written
report | 21 | | to the Governor and the General Assembly that shall
be | 22 | | based on a study of the impact of this amendatory Act of
| 23 | | the 95th General Assembly on the business of soliciting,
| 24 | | selling, and shipping wine from inside and outside of this
| 25 | | State directly to residents of this State. As part of its
| 26 | | report, the Commission shall provide all of the
following |
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| 1 | | information: | 2 | | (A) The amount of State excise and sales tax
| 3 | | revenues generated. | 4 | | (B) The amount of licensing fees received. | 5 | | (C) The number of cases of wine shipped from inside
| 6 | | and outside of this State directly to residents of this
| 7 | | State. | 8 | | (D) The number of alcohol compliance operations
| 9 | | conducted. | 10 | | (E) The number of winery shipper's licenses
| 11 | | issued. | 12 | | (F) The number of each of the following: reported
| 13 | | violations; cease and desist notices issued by the
| 14 | | Commission; notices of violations issued by
the | 15 | | Commission and to the Department of Revenue;
and | 16 | | notices and complaints of violations to law
| 17 | | enforcement officials, including, without limitation,
| 18 | | the Illinois Attorney General and the U.S. Department
| 19 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 20 | | (15) As a means to reduce the underage consumption of
| 21 | | alcoholic liquors, the Commission shall conduct
alcohol | 22 | | compliance operations to investigate whether
businesses | 23 | | that are soliciting, selling, and shipping wine
from inside | 24 | | or outside of this State directly to residents
of this | 25 | | State are licensed by this State or are selling or
| 26 | | attempting to sell wine to persons under 21 years of age in
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| 1 | | violation of this Act. | 2 | | (16) The Commission shall, in addition to
notifying any | 3 | | appropriate law enforcement agency, submit
notices of | 4 | | complaints or violations of Sections 6-29 and
6-29.1 by | 5 | | persons who do not hold a winery shipper's
license under | 6 | | this amendatory Act to the Illinois Attorney General and
to | 7 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax | 8 | | and Trade Bureau. | 9 | | (17) (A) A person licensed to make wine under the laws | 10 | | of another state who has a winery shipper's license under | 11 | | this amendatory Act and annually produces less than 25,000 | 12 | | gallons of wine or a person who has a first-class or | 13 | | second-class wine manufacturer's license, a first-class or | 14 | | second-class wine-maker's license, or a limited wine | 15 | | manufacturer's license under this Act and annually | 16 | | produces less than 25,000 gallons of wine may make | 17 | | application to the Commission for a self-distribution | 18 | | exemption to allow the sale of not more than 5,000 gallons | 19 | | of the exemption holder's wine to retail licensees per | 20 | | year. | 21 | | (B) In the application, which shall be sworn under | 22 | | penalty of perjury, such person shall state (1) the | 23 | | date it was established; (2) its volume of production | 24 | | and sales for each year since its establishment; (3) | 25 | | its efforts to establish distributor relationships; | 26 | | (4) that a self-distribution exemption is necessary to |
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| 1 | | facilitate the marketing of its wine; and (5) that it | 2 | | will comply with the liquor and revenue laws of the | 3 | | United States, this State, and any other state where it | 4 | | is licensed. | 5 | | (C) The Commission shall approve the application | 6 | | for a self-distribution exemption if such person: (1) | 7 | | is in compliance with State revenue and liquor laws; | 8 | | (2) is not a member of any affiliated group that | 9 | | produces more than 25,000 gallons of wine per annum or | 10 | | produces any other alcoholic liquor; (3) will not | 11 | | annually produce for sale more than 25,000 gallons of | 12 | | wine; and (4) will not annually sell more than 5,000 | 13 | | gallons of its wine to retail licensees. | 14 | | (D) A self-distribution exemption holder shall | 15 | | annually certify to the Commission its production of | 16 | | wine in the previous 12 months and its anticipated | 17 | | production and sales for the next 12 months. The | 18 | | Commission may fine, suspend, or revoke a | 19 | | self-distribution exemption after a hearing if it | 20 | | finds that the exemption holder has made a material | 21 | | misrepresentation in its application, violated a | 22 | | revenue or liquor law of Illinois, exceeded production | 23 | | of 25,000 gallons of wine in any calendar year, or | 24 | | become part of an affiliated group producing more than | 25 | | 25,000 gallons of wine or any other alcoholic liquor. | 26 | | (E) Except in hearings for violations of this Act |
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| 1 | | or amendatory Act or a bona fide investigation by duly | 2 | | sworn law enforcement officials, the Commission, or | 3 | | its agents, the Commission shall maintain the | 4 | | production and sales information of a | 5 | | self-distribution exemption holder as confidential and | 6 | | shall not release such information to any person. | 7 | | (F) The Commission shall issue regulations | 8 | | governing self-distribution exemptions consistent with | 9 | | this Section and this Act. | 10 | | (G) Nothing in this subsection (17) shall prohibit | 11 | | a self-distribution exemption holder from entering | 12 | | into or simultaneously having a distribution agreement | 13 | | with a licensed Illinois distributor. | 14 | | (H) It is the intent of this subsection (17) to | 15 | | promote and continue orderly markets. The General | 16 | | Assembly finds that in order to preserve Illinois' | 17 | | regulatory distribution system it is necessary to | 18 | | create an exception for smaller makers of wine as their | 19 | | wines are frequently adjusted in varietals, mixes, | 20 | | vintages, and taste to find and create market niches | 21 | | sometimes too small for distributor or importing | 22 | | distributor business strategies. Limited | 23 | | self-distribution rights will afford and allow smaller | 24 | | makers of wine access to the marketplace in order to | 25 | | develop a customer base without impairing the | 26 | | integrity of the 3-tier system.
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| 1 | | (18) (A) A craft brewer licensee, who must also be | 2 | | either a licensed brewer or licensed non-resident dealer | 3 | | and annually manufacture less than 930,000 gallons of beer, | 4 | | may make application to the Commission for a | 5 | | self-distribution exemption to allow the sale of not more | 6 | | than 232,500 gallons of the exemption holder's beer to | 7 | | retail licensees per year. | 8 | | (B) In the application, which shall be sworn under | 9 | | penalty of perjury, the craft brewer licensee shall | 10 | | state (1) the date it was established; (2) its volume | 11 | | of beer manufactured and sold for each year since its | 12 | | establishment; (3) its efforts to establish | 13 | | distributor relationships; (4) that a | 14 | | self-distribution exemption is necessary to facilitate | 15 | | the marketing of its beer; and (5) that it will comply | 16 | | with the alcoholic beverage and revenue laws of the | 17 | | United States, this State, and any other state where it | 18 | | is licensed. | 19 | | (C) Any application submitted shall be posted on | 20 | | the Commission's website at least 45 days prior to | 21 | | action by the Commission. The Commission shall approve | 22 | | the application for a self-distribution exemption if | 23 | | the craft brewer licensee: (1) is in compliance with | 24 | | the State, revenue, and alcoholic beverage laws; (2) is | 25 | | not a member of any affiliated group that manufacturers | 26 | | more than 930,000 gallons of beer per annum or produces |
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| 1 | | any other alcoholic beverages; (3) shall not annually | 2 | | manufacture for sale more than 930,000 gallons of beer; | 3 | | and (4) shall not annually sell more than 232,500 | 4 | | gallons of its beer to retail licensees. | 5 | | (D) A self-distribution exemption holder shall | 6 | | annually certify to the Commission its manufacture of | 7 | | beer during the previous 12 months and its anticipated | 8 | | manufacture and sales of beer for the next 12 months. | 9 | | The Commission may fine, suspend, or revoke a | 10 | | self-distribution exemption after a hearing if it | 11 | | finds that the exemption holder has made a material | 12 | | misrepresentation in its application, violated a | 13 | | revenue or alcoholic beverage law of Illinois, | 14 | | exceeded the manufacture of 930,000 gallons of beer in | 15 | | any calendar year or became part of an affiliated group | 16 | | manufacturing more than 930,000 gallons of beer or any | 17 | | other alcoholic beverage. | 18 | | (E) The Commission shall issue rules and | 19 | | regulations governing self-distribution exemptions | 20 | | consistent with this Act. | 21 | | (F) Nothing in this paragraph (18) shall prohibit a | 22 | | self-distribution exemption holder from entering into | 23 | | or simultaneously having a distribution agreement with | 24 | | a licensed Illinois importing distributor or a | 25 | | distributor. If a self-distribution exemption holder | 26 | | enters into a distribution agreement and has assigned |
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| 1 | | distribution rights to an importing distributor or | 2 | | distributor, then the self-distribution exemption | 3 | | holder's distribution rights in the assigned | 4 | | territories shall cease in a reasonable time not to | 5 | | exceed 60 days. | 6 | | (G) It is the intent of this paragraph (18) to | 7 | | promote and continue orderly markets. The General | 8 | | Assembly finds that in order to preserve Illinois' | 9 | | regulatory distribution system, it is necessary to | 10 | | create an exception for smaller manufacturers in order | 11 | | to afford and allow such smaller manufacturers of beer | 12 | | access to the marketplace in order to develop a | 13 | | customer base without impairing the integrity of the | 14 | | 3-tier system. | 15 | | (b) On or before April 30, 1999, the Commission shall | 16 | | present a written
report to the Governor and the General | 17 | | Assembly that shall be based on a study
of the impact of this | 18 | | amendatory Act of 1998 on the business of soliciting,
selling, | 19 | | and shipping
alcoholic liquor from outside of this State | 20 | | directly to residents of this
State.
| 21 | | As part of its report, the Commission shall provide the | 22 | | following
information:
| 23 | | (i) the amount of State excise and sales tax revenues | 24 | | generated as a
result of this amendatory Act of 1998;
| 25 | | (ii) the amount of licensing fees received as a result | 26 | | of this amendatory
Act of 1998;
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| 1 | | (iii) the number of reported violations, the number of | 2 | | cease and desist
notices issued by the Commission, the | 3 | | number of notices of violations issued
to the Department of | 4 | | Revenue, and the number of notices and complaints of
| 5 | | violations to law enforcement officials.
| 6 | | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13.)
| 7 | | (235 ILCS 5/6-27.1 new) | 8 | | Sec. 6-27.1. Responsible alcohol service server training. | 9 | | (a) Unless issued a valid server training certificate | 10 | | between July 1, 2012 and July 1, 2015 by a certified Beverage | 11 | | Alcohol Sellers and Servers Education and Training (BASSET) | 12 | | trainer, all alcohol servers are required to obtain and | 13 | | complete training in basic responsible alcohol service as | 14 | | outlined in 77 Ill. Adm. Code 3500 by July 1, 2015 or within 30 | 15 | | days after the alcohol server begins his or her employment, | 16 | | whichever is later. There is no limit to the amount of times a | 17 | | server may take the training. A certificate of training belongs | 18 | | to the server, and a server may transfer a certificate of | 19 | | training to a different employer, but shall not transfer a | 20 | | certificate of training to another server. Proof that an | 21 | | alcohol server has been trained must be available upon | 22 | | reasonable request by State law enforcement officials. For the | 23 | | purpose of this Section, "alcohol servers" means persons who | 24 | | sell or serve open containers of alcoholic beverages at retail | 25 | | and anyone whose job description entails the checking of |
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| 1 | | identification for the purchase of open containers of alcoholic | 2 | | beverages at retail or for entry into the licensed premises. | 3 | | The definition does not include (i) a distributor or importing | 4 | | distributor conducting product sampling as authorized in | 5 | | Section 6-31 of this Act or a registered tasting | 6 | | representative, as provided in 11 Ill. Adm. Code 100.40, | 7 | | conducting a tasting, as defined in 11 Ill. Adm. Code 100.10; | 8 | | (ii) a volunteer serving alcoholic beverages at a charitable | 9 | | function; or (iii) an instructor engaged in training or | 10 | | educating on the proper technique for using a system that | 11 | | dispenses alcoholic beverages. | 12 | | (b) Responsible alcohol service training must cover and | 13 | | assess knowledge of the topics noted in 77 Ill. Adm. Code | 14 | | 3500.155. | 15 | | (c) Beginning on the effective date of this amendatory Act | 16 | | of the 98th General Assembly, but no later than April 1, 2015, | 17 | | all existing BASSET trainers who are already BASSET certified | 18 | | as of the effective date of this amendatory Act of the 98th | 19 | | General Assembly shall be recertified by the State Commission | 20 | | and be required to comply with the conditions for server | 21 | | training set forth in this amendatory Act of the 98th General | 22 | | Assembly. | 23 | | (d) Training modules and certificate program plans must be | 24 | | approved by the State Commission. All documents, materials, or | 25 | | information related to responsible alcohol service training | 26 | | program approval that are submitted to the State Commission are |
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| 1 | | confidential and shall not be open to public inspection or | 2 | | dissemination and are exempt from disclosure. | 3 | | The State Commission shall only approve programs that meet | 4 | | the following criteria: | 5 | | (1) the training course covers the content specified in | 6 | | 77 Ill. Adm. Code 3500.155; | 7 | | (2) if the training course is classroom-based, the | 8 | | classroom training is at least 4 hours, is available in | 9 | | English and Spanish, and includes a test; | 10 | | (3) if the training course is online or computer-based, | 11 | | the course is designed in a way that ensures that no | 12 | | content can be skipped, is interactive, has audio for | 13 | | content for servers that have a disability, and includes a | 14 | | test; | 15 | | (4) training and testing is based on a job task | 16 | | analysis that clearly identifies and focuses on the | 17 | | knowledge, skills, and abilities needed to responsibly | 18 | | serve alcoholic beverages and is developed using best | 19 | | practices in instructional design and exam development to | 20 | | ensure that the program is fair and legally defensible; | 21 | | (5) training and testing is conducted by any means | 22 | | available, including, but not limited to, online, | 23 | | computer, classroom, or live trainers; and | 24 | | (6) the program must provide access on a | 25 | | 24-hour-per-day, 7-days-per-week basis for certificate | 26 | | verification for State Commission, State law enforcement |
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| 1 | | officials, and employers to be able to verify certificate | 2 | | authenticity. | 3 | | (e) Nothing in subsection (d) of this Section shall be | 4 | | construed to require a program to use a test administrator or | 5 | | proctor. | 6 | | (f) A certificate issued from a BASSET-licensed training | 7 | | program shall be accepted as meeting the training requirements | 8 | | for all server license and permit laws and ordinances in the | 9 | | State. | 10 | | (g) A responsible alcohol service training certificate | 11 | | from a BASSET-licensed program shall be valid for 3 years. | 12 | | (h) The provisions of this Section shall apply beginning | 13 | | July 1, 2015. From July 1, 2015 through December 31, 2015, | 14 | | enforcement of the provisions of this Section shall be limited | 15 | | to education and notification of the requirements to encourage | 16 | | compliance.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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