[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3289
LRB9111816LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 3-12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 3-12 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 Sec. 3-12. (a) The State commission shall have the
9 following powers, functions and duties:
10 (1) To receive applications and to issue licenses
11 to manufacturers, foreign importers, importing
12 distributors, distributors, non-resident dealers, on
13 premise consumption retailers, off premise sale
14 retailers, special event retailer licensees, special use
15 permit licenses, auction liquor licenses, brew pubs,
16 caterer retailers, non-beverage users, railroads,
17 including owners and lessees of sleeping, dining and cafe
18 cars, airplanes, boats, brokers, and wine maker's retail
19 licensees in accordance with the provisions of this Act,
20 and to suspend or revoke such licenses upon the State
21 commission's determination, upon notice after hearing,
22 that a licensee has violated any provision of this Act or
23 any rule or regulation issued pursuant thereto and in
24 effect for 30 days prior to such violation.
25 In lieu of suspending or revoking a license, the
26 commission may impose a fine, upon the State commission's
27 determination and notice after hearing, that a licensee
28 has violated any provision of this Act or any rule or
29 regulation issued pursuant thereto and in effect for 30
30 days prior to such violation. The fine imposed under
31 this paragraph may not exceed $500 for each violation.
-2- LRB9111816LDpk
1 Each day that the activity, which gave rise to the
2 original fine, continues is a separate violation. The
3 maximum fine that may be levied against any licensee, for
4 the period of the license, shall not exceed $20,000. The
5 maximum penalty that may be imposed on a licensee for
6 selling a bottle of alcoholic liquor with a foreign
7 object in it or serving from a bottle of alcoholic liquor
8 with a foreign object in it shall be the destruction of
9 that bottle of alcoholic liquor for the first 10 bottles
10 so sold or served from by the licensee. For the eleventh
11 bottle of alcoholic liquor and for each third bottle
12 thereafter sold or served from by the licensee with a
13 foreign object in it, the maximum penalty that may be
14 imposed on the licensee is the destruction of the bottle
15 of alcoholic liquor and a fine of up to $50.
16 (2) To adopt such rules and regulations consistent
17 with the provisions of this Act which shall be necessary
18 to carry on its functions and duties to the end that the
19 health, safety and welfare of the People of the State of
20 Illinois shall be protected and temperance in the
21 consumption of alcoholic liquors shall be fostered and
22 promoted and to distribute copies of such rules and
23 regulations to all licensees affected thereby.
24 (3) To call upon other administrative departments
25 of the State, county and municipal governments, county
26 and city police departments and upon prosecuting officers
27 for such information and assistance as it deems necessary
28 in the performance of its duties.
29 (4) To recommend to local commissioners rules and
30 regulations, not inconsistent with the law, for the
31 distribution and sale of alcoholic liquors throughout the
32 State.
33 (5) To inspect, or cause to be inspected, any
34 premises in this State where alcoholic liquors are
-3- LRB9111816LDpk
1 manufactured, distributed, warehoused, or sold.
2 (5.1) Upon receipt of a complaint or upon having
3 knowledge that any person is engaged in business as a
4 manufacturer, importing distributor, distributor, or
5 retailer without a license or valid license, to notify
6 the local liquor authority, file a complaint with the
7 State's Attorney's Office of the county where the
8 incident occurred, or initiate an investigation with the
9 appropriate law enforcement officials.
10 (5.2) To issue a cease and desist notice to persons
11 shipping alcoholic liquor into this State from a point
12 outside of this State if the shipment is in violation of
13 this Act.
14 (5.3) To receive complaints from licensees, local
15 officials, law enforcement agencies, organizations, and
16 persons stating that any licensee has been or is
17 violating any provision of this Act or the rules and
18 regulations issued pursuant to this Act. Such complaints
19 shall be in writing, signed and sworn to by the person
20 making the complaint, and shall state with specificity
21 the facts in relation to the alleged violation. If the
22 Commission has reasonable grounds to believe that the
23 complaint substantially alleges a violation of this Act
24 or rules and regulations adopted pursuant to this Act, it
25 shall conduct an investigation. If, after conducting an
26 investigation, the Commission is satisfied that the
27 alleged violation did occur, it shall proceed with
28 disciplinary action against the licensee as provided in
29 this Act.
30 (6) To hear and determine appeals from orders of a
31 local commission in accordance with the provisions of
32 this Act, as hereinafter set forth. Hearings under this
33 subsection shall be held in Springfield or Chicago, at
34 whichever location is the more convenient for the
-4- LRB9111816LDpk
1 majority of persons who are parties to the hearing.
2 (7) The commission shall establish uniform systems
3 of accounts to be kept by all retail licensees having
4 more than 4 employees, and for this purpose the
5 commission may classify all retail licensees having more
6 than 4 employees and establish a uniform system of
7 accounts for each class and prescribe the manner in which
8 such accounts shall be kept. The commission may also
9 prescribe the forms of accounts to be kept by all retail
10 licensees having more than 4 employees, including but not
11 limited to accounts of earnings and expenses and any
12 distribution, payment, or other distribution of earnings
13 or assets, and any other forms, records and memoranda
14 which in the judgment of the commission may be necessary
15 or appropriate to carry out any of the provisions of this
16 Act, including but not limited to such forms, records and
17 memoranda as will readily and accurately disclose at all
18 times the beneficial ownership of such retail licensed
19 business. The accounts, forms, records and memoranda
20 shall be available at all reasonable times for inspection
21 by authorized representatives of the State commission or
22 by any local liquor control commissioner or his or her
23 authorized representative. The commission, may, from time
24 to time, alter, amend or repeal, in whole or in part, any
25 uniform system of accounts, or the form and manner of
26 keeping accounts.
27 (8) In the conduct of any hearing authorized to be
28 held by the commission, to examine, or cause to be
29 examined, under oath, any licensee, and to examine or
30 cause to be examined the books and records of such
31 licensee; to hear testimony and take proof material for
32 its information in the discharge of its duties hereunder;
33 to administer or cause to be administered oaths; and for
34 any such purpose to issue subpoena or subpoenas to
-5- LRB9111816LDpk
1 require the attendance of witnesses and the production of
2 books, which shall be effective in any part of this
3 State.
4 Any Circuit Court may by order duly entered, require
5 the attendance of witnesses and the production of
6 relevant books subpoenaed by the State commission and the
7 court may compel obedience to its order by proceedings
8 for contempt.
9 (9) To investigate the administration of laws in
10 relation to alcoholic liquors in this and other states
11 and any foreign countries, and to recommend from time to
12 time to the Governor and through him or her to the
13 legislature of this State, such amendments to this Act,
14 if any, as it may think desirable and as will serve to
15 further the general broad purposes contained in Section
16 1-2 hereof.
17 (10) To adopt such rules and regulations consistent
18 with the provisions of this Act which shall be necessary
19 for the control, sale or disposition of alcoholic liquor
20 damaged as a result of an accident, wreck, flood, fire or
21 other similar occurrence.
22 (11) To develop industry educational programs
23 related to responsible serving and selling, particularly
24 in the areas of overserving consumers and illegal
25 underage purchasing and consumption of alcoholic
26 beverages.
27 (12) To develop and maintain a repository of
28 license and regulatory information.
29 (13) On or before January 15, 1994, the Commission
30 shall issue a written report to the Governor and General
31 Assembly that is to be based on a comprehensive study of
32 the impact on and implications for the State of Illinois
33 of Section 1926 of the Federal ADAMHA Reorganization Act
34 of 1992 (Public Law 102-321). This study shall address
-6- LRB9111816LDpk
1 the extent to which Illinois currently complies with the
2 provisions of P.L. 102-321 and the rules promulgated
3 pursuant thereto.
4 As part of its report, the Commission shall provide
5 the following essential information:
6 (i) the number of retail distributors of
7 tobacco products, by type and geographic area, in
8 the State;
9 (ii) the number of reported citations and
10 successful convictions, categorized by type and
11 location of retail distributor, for violation of the
12 Sale of Tobacco to Minors Act and the Smokeless
13 Tobacco Limitation Act;
14 (iii) the extent and nature of organized
15 educational and governmental activities that are
16 intended to promote, encourage or otherwise secure
17 compliance with any Illinois law laws that prohibits
18 prohibit the sale or distribution of tobacco
19 products to minors; and
20 (iv) the level of access and availability of
21 tobacco products to individuals under the age of 18.
22 To obtain the data necessary to comply with the
23 provisions of P.L. 102-321 and the requirements of
24 this report, the Commission shall conduct random,
25 unannounced inspections of a geographically and
26 scientifically representative sample of the State's
27 retail tobacco distributors.
28 The Commission shall consult with the
29 Department of Public Health, the Department of Human
30 Services, the Illinois State Police and any other
31 executive branch agency, and private organizations
32 that may have information relevant to this report.
33 The Commission may contract with the Food and
34 Drug Administration of the U.S. Department of Health
-7- LRB9111816LDpk
1 and Human Services to conduct unannounced
2 investigations of Illinois tobacco vendors to
3 determine compliance with federal laws relating to
4 the illegal sale of cigarettes and smokeless tobacco
5 products to persons under the age of 18.
6 (b) On or before April 30, 1999, the Commission shall
7 present a written report to the Governor and the General
8 Assembly that shall be based on a study of the impact of this
9 amendatory Act of 1998 on the business of soliciting,
10 selling, and shipping alcoholic liquor from outside of this
11 State directly to residents of this State.
12 As part of its report, the Commission shall provide the
13 following information:
14 (i) the amount of State excise and sales tax
15 revenues generated as a result of this amendatory
16 Act of 1998;
17 (ii) the amount of licensing fees received as
18 a result of this amendatory Act of 1998;
19 (iii) the number of reported violations, the
20 number of cease and desist notices issued by the
21 Commission, the number of notices of violations
22 issued to the Department of Revenue, and the number
23 of notices and complaints of violations to law
24 enforcement officials.
25 (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
26 eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)