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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
LIQUOR (235 ILCS 5/) Liquor Control Act of 1934. 235 ILCS 5/10-5
(235 ILCS 5/10-5) (from Ch. 43, par. 187)
Sec. 10-5.
Whenever any officer, director, manager, or other employee in a
position of authority of any licensee under this Act shall be convicted of
any violation of this Act while engaged in the course of his employment or
while upon the premises described by said license, said license shall be
revoked and the fees paid thereon forfeited both as to the holder of said
license and as to said premises, and said bond given by said licensee to
secure the faithful compliance with the terms of this Act shall be
forfeited in like manner as if said licensee had himself been convicted.
(Source: P.A. 103-154, eff. 6-30-23.)
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235 ILCS 5/10-6
(235 ILCS 5/10-6) (from Ch. 43, par. 188)
Sec. 10-6.
Any person who shall knowingly possess, sell, ship,
transport or in
any wise dispose of any alcoholic liquor under any other than the proper
name or brand known to the trade as designating the kind and quality of the
contents of the package or other containers of said alcoholic liquor, or
who shall cause any such Act to be done, shall forfeit to the State said
alcoholic liquor and said packages and containers and shall be subject to
the punishment and penalties provided for violation of this Act.
(Source: P.A. 82-783.)
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235 ILCS 5/10-7
(235 ILCS 5/10-7) (from Ch. 43, par. 189)
Sec. 10-7.
Every lot, parcel or tract of land, and every building,
structure,
tent, railroad car, boat, wagon, vehicle, establishment or place
whatsoever, together with all furniture, fixtures, ornaments and machinery
located thereon, wherein there shall be conducted any unlawful manufacture,
distribution or sale of any alcoholic liquor, or whereon or wherein there
shall be kept, stored, concealed or allowed any alcoholic liquor intended
for illegal sale or to be sold, disposed of or in any other manner used in
violation of any of the provisions of this Act is hereby declared to be a
public nuisance and shall be abated as provided by the laws of this State
for the abatement of public nuisances.
(Source: P.A. 82-783.)
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235 ILCS 5/10-7.1
(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
Sec. 10-7.1.
The State Commission, upon receipt of a complaint or upon having
knowledge that any
person is engaged in the business as a manufacturer, importing distributor,
distributor, or retailer without a license or valid license, shall conduct an investigation. If, after conducting an investigation, the State Commission is satisfied that the alleged conduct occurred or is occurring, it may issue a cease and desist notice as provided in this Act, issue civil penalties as provided in this Act, notify
the Department of Revenue and the local liquor authority, or file a
complaint with the State's Attorney's
Office of the County where the incident occurred or with the Attorney General.
(Source: P.A. 101-37, eff. 7-3-19.)
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235 ILCS 5/10-8
(235 ILCS 5/10-8) (from Ch. 43, par. 190)
Sec. 10-8.
Whenever complaint is made in writing, verified by
affidavit, to any judge of the circuit court, that
complainant has just and reasonable grounds to believe and does believe
that alcoholic liquor is manufactured, possessed, kept for sale, used or
transported, in violation of this Act, or any mash, still or other property
designed for the manufacture of alcoholic liquor is possessed in any
premises which are not licensed hereunder, (particularly describing and
designating such property in the complaint), the judge may issue a search
warrant as hereinafter provided; provided, however, no search warrant shall
be necessary for the inspection or search of any premises licensed under
this Act, and provided, further, that no search warrant shall be issued for
the search of premises in use for residence purposes. The property seized
on any such warrant shall not be taken from the officer seizing the same on
any order of replevin or other like process.
Each complaint shall be substantially in the following form:
State of Illinois,) ) ss. County of Cook. )
Complaint for Search Warrant.
The complaint and affidavit of .... (name of complainant), of .... (his
residence), made before .... (name of officer) one of the .... (official title
of officer), in and for the .... (county, city or village, as the case may be),
on (insert date), being first duly sworn,
upon his oath says: That he has just and reasonable grounds to believe, and
does believe that alcoholic liquor is now unlawfully (manufactured, possessed,
used, disposed of or kept for sale, or any mash, still or other property
designed for the illegal manufacture of alcoholic liquor is possessed
therein, as the case may be), to-wit: At and within a certain .... (here
describe the house, building, premises, boat, vehicle, receptacle or other
place to be searched, with particulars as to the location sufficiently to
identify it, stating the name of the person occupying the same, if known),
in the .... (city, village or town of) ...., in the county and state set out
above; that the following are the reasons for his or her belief, to-wit
.... (here insert the facts upon which such belief is based). Wherefore
complainant prays that a search warrant may issue according to law.
...........................
(Signature of complainant.)
Subscribed and Sworn to before me on (insert date).
............................
(Name of officer.)
............................
(Official title of officer.)
(Source: P.A. 91-357, eff. 7-29-99.)
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235 ILCS 5/10-9
(235 ILCS 5/10-9) (from Ch. 43, par. 191)
Sec. 10-9.
If the judge before whom any such complaint is made is satisfied
that there is reasonable cause for such belief, he shall issue a warrant
directed to any peace officer having jurisdiction, commanding him forthwith
to enter the house, building, premises, boat, vehicle, receptacle or other
place therein described and designated with particularity, and make
diligent and careful search for alcoholic liquor manufactured, possessed or
kept for sale, contrary to this Act, and if any such alcoholic liquor be
there found, to seize the same, together with the vessels containing the
same, and all property, implements, furniture and vehicles kept or used for
the purpose of violating, or with which to violate any of the provisions of
this Act, and bringing the same and any and all persons (if any there be)
in whose possession they are found, before the judge who issued the
warrant, or some other judge having a cognizance of the case.
(Source: P.A. 82-783.)
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235 ILCS 5/10-10
(235 ILCS 5/10-10) (from Ch. 43, par. 192)
Sec. 10-10.
Upon the issuance of any such search warrant,
it shall be the duty
of the officers executing the same to forthwith enter the house, building,
premises, boat, vehicle, receptacle or other place therein described,
either in the day time or night time, by force, if necessary, and to remove
therefrom and confiscate any alcoholic liquor manufactured, possessed or
kept for sale, contrary to the terms of this Act, and any machinery,
equipment or material used in connection therewith, and to hold such
property until all prosecution arising out of said search and seizure shall
have ended and determined, and it shall be the duty of the officers
executing such search warrant to arrest any person or persons found using
or in possession or control of such alcoholic liquor, articles or things.
All alcoholic liquor unlawfully manufactured, stored, kept, sold or
otherwise disposed of, and the containers thereof, and all equipment used
or fit for use in the manufacture or production of the same which are found
at or about any still or outfit for the unlawful manufacture of alcoholic
liquor on unlicensed premises are hereby declared contraband, and no right
of property shall be or exist in any person owning, furnishing or
possessing any such property, liquor, material or equipment, but all such
property, articles and things, including alcoholic liquor, shall be sold
upon an order of the court, in the manner hereinbefore provided, and the
proceeds thereof shall be disposed of in the manner herein provided for the
disposition of license fees paid to the State Commission; provided that
nothing shall be construed to prevent any officer whose duty it is to make
arrests from arresting, with or without a warrant, any person or persons
found violating any of the provisions of this Act; provided further, that
any officer executing a search warrant shall forthwith make his return
thereof to the court or officer issuing said search warrant of the manner
and date of his execution thereof, showing what, if anything, was seized
and held by said search, together with the name of the owner or owners, if
known, and shall attach to said return an accurate list or inventory of the
articles and things so seized.
It shall be the duty of the officer who has seized and is holding any of
the property mentioned in this section, to make application to the court on
final determination of any prosecution arising under said search and
seizure, and in which such prosecution shall have been commenced or
prosecuted for an order to sell such property, and the court, if satisfied
that the property so seized and held was, at the time of its seizure, being
kept or used, or was fit for use in the unlawful manufacture or production
of alcoholic liquor, then the court shall make an order that said property
and effects be sold by such officer and shall fix the time, place, manner
and notice of such sale, and the proceeds of such sale shall be paid over
to the State Commission; provided, however, that nothing contained in this
Act shall be considered to authorize the sale of any alcoholic liquor
unlawfully manufactured fit for human consumption which comes into the
possession of any officer by seizure, confiscation or forfeiture under the
provisions of this Act without the payment of all taxes required by the
laws of this State and of the United States; provided, further that all
such unlawfully manufactured alcoholic liquor which is unfit for human
consumption shall be destroyed.
(Source: P.A. 82-783.)
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235 ILCS 5/Art. XI
(235 ILCS 5/Art. XI heading)
ARTICLE XI.
PARTIAL INVALIDITY AND REPEAL
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235 ILCS 5/11-1
(235 ILCS 5/11-1) (from Ch. 43, par. 193)
Sec. 11-1.
The articles, provisions and sections of this Act
shall be deemed
to be separable and the invalidity of any portion of this Act shall not
affect the validity of the remainder.
(Source: P.A. 82-783.)
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235 ILCS 5/11-2
(235 ILCS 5/11-2) (from Ch. 43, par. 194)
Sec. 11-2.
The Act in relation to the manufacture, possession
and sale of malt
and vinous beverages, approved April 26, 1933, as amended is hereby
repealed. All other laws in conflict with this Act, or any of the
provisions hereof, in so far as such laws and parts thereof are in conflict
herewith, are hereby repealed.
The repeal of the Act in this section named shall not affect the
obligation to pay any taxes imposed by said Act on account of malt and
vinous beverages manufactured or sold prior to the effective date of such
repeal, but all the provisions of this Act relating to the imposition and
collection of such taxes and penalties for failure to report and pay such
taxes shall remain in effect in so far as they relate to such taxes so
imposed and collectible under said "Malt and Vinous Beverage Act.".
(Source: P.A. 82-783.)
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235 ILCS 5/Art. XII
(235 ILCS 5/Art. XII heading)
ARTICLE XII.
GRAPE AND WINE RESOURCES COUNCIL
(Repealed) (Source: Repealed by P.A. 100-621, eff. 7-20-18.)
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