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91_HB4448
LRB9107922LDcsB
1 AN ACT concerning education and training of alcohol
2 beverage servers and sellers.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 15-10 as
7 follows:
8 (20 ILCS 301/15-10)
9 Sec. 15-10. Licensure categories. No person or program
10 may provide the services or conduct the activities described
11 in this Section without first obtaining a license therefor
12 from the Department. The Department shall, by rule, provide
13 licensure requirements for each of the following categories
14 of service:
15 (a) residential treatment for alcoholism and other
16 drug abuse and dependency.
17 (b) outpatient treatment for alcoholism and other
18 drug abuse and dependency.
19 (c) the screening, assessment, referral or tracking
20 of clients identified by the criminal justice system as
21 having indications of alcoholism or other drug abuse or
22 dependency.
23 (d) D.U.I. evaluation services for Illinois courts
24 and the Secretary of State.
25 (e) D.U.I. remedial education services for Illinois
26 courts or the Secretary of State.
27 (f) persons providing education and training to
28 beverage alcohol servers and sellers, as defined by the
29 Department.
30 The Department may, under procedures established by rule
31 and upon a showing of good cause for such, exempt off-site
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1 services from having to obtain a separate license for
2 services conducted away from the provider's primary service
3 location.
4 (Source: P.A. 88-80.)
5 Section 10. The Liquor Control Act of 1934 is amended by
6 changing Sections 3-12 and 6-27 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 Sec. 3-12. Powers and duties of State Commission.
9 (a) The State commission shall have the following
10 powers, functions and duties:
11 (1) To receive applications and to issue licenses to
12 manufacturers, foreign importers, importing distributors,
13 distributors, non-resident dealers, on premise consumption
14 retailers, off premise sale retailers, special event retailer
15 licensees, special use permit licenses, auction liquor
16 licenses, brew pubs, caterer retailers, non-beverage users,
17 railroads, including owners and lessees of sleeping, dining
18 and cafe cars, airplanes, boats, brokers, and wine maker's
19 retail licensees in accordance with the provisions of this
20 Act, and to suspend or revoke such licenses upon the State
21 commission's determination, upon notice after hearing, that a
22 licensee has violated any provision of this Act or any rule
23 or regulation issued pursuant thereto and in effect for 30
24 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 has
28 violated any provision of this Act or any rule or regulation
29 issued pursuant thereto and in effect for 30 days prior to
30 such violation. The fine imposed under this paragraph may
31 not exceed $500 for each violation. Each day that the
32 activity, which gave rise to the original fine, continues is
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1 a separate violation. The maximum fine that may be levied
2 against any licensee, for the period of the license, shall
3 not exceed $20,000. The maximum penalty that may be imposed
4 on a licensee for selling a bottle of alcoholic liquor with a
5 foreign object in it or serving from a bottle of alcoholic
6 liquor with a foreign object in it shall be the destruction
7 of that bottle of alcoholic liquor for the first 10 bottles
8 so sold or served from by the licensee. For the eleventh
9 bottle of alcoholic liquor and for each third bottle
10 thereafter sold or served from by the licensee with a foreign
11 object in it, the maximum penalty that may be imposed on the
12 licensee is the destruction of the bottle of alcoholic liquor
13 and a fine of up to $50.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 in this State where alcoholic liquors are manufactured,
33 distributed, warehoused, or sold.
34 (5.1) Upon receipt of a complaint or upon having
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1 knowledge that any person is engaged in business as a
2 manufacturer, importing distributor, distributor, or retailer
3 without a license or valid license, to notify the local
4 liquor authority, file a complaint with the State's
5 Attorney's Office of the county where the incident occurred,
6 or initiate an investigation with the appropriate law
7 enforcement officials.
8 (5.2) To issue a cease and desist notice to persons
9 shipping alcoholic liquor into this State from a point
10 outside of this State if the shipment is in violation of this
11 Act.
12 (5.3) To receive complaints from licensees, local
13 officials, law enforcement agencies, organizations, and
14 persons stating that any licensee has been or is violating
15 any provision of this Act or the rules and regulations issued
16 pursuant to this Act. Such complaints shall be in writing,
17 signed and sworn to by the person making the complaint, and
18 shall state with specificity the facts in relation to the
19 alleged violation. If the Commission has reasonable grounds
20 to believe that the complaint substantially alleges a
21 violation of this Act or rules and regulations adopted
22 pursuant to this Act, it shall conduct an investigation. If,
23 after conducting an investigation, the Commission is
24 satisfied that the alleged violation did occur, it shall
25 proceed with disciplinary action against the licensee as
26 provided in this Act.
27 (6) To hear and determine appeals from orders of a local
28 commission in accordance with the provisions of this Act, as
29 hereinafter set forth. Hearings under this subsection shall
30 be held in Springfield or Chicago, at whichever location is
31 the more convenient for the majority of persons who are
32 parties to the hearing.
33 (7) The commission shall establish uniform systems of
34 accounts to be kept by all retail licensees having more than
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1 4 employees, and for this purpose the commission may classify
2 all retail licensees having more than 4 employees and
3 establish a uniform system of accounts for each class and
4 prescribe the manner in which such accounts shall be kept.
5 The commission may also prescribe the forms of accounts to be
6 kept by all retail licensees having more than 4 employees,
7 including but not limited to accounts of earnings and
8 expenses and any distribution, payment, or other distribution
9 of earnings or assets, and any other forms, records and
10 memoranda which in the judgment of the commission may be
11 necessary or appropriate to carry out any of the provisions
12 of this Act, including but not limited to such forms, records
13 and memoranda as will readily and accurately disclose at all
14 times the beneficial ownership of such retail licensed
15 business. The accounts, forms, records and memoranda shall
16 be available at all reasonable times for inspection by
17 authorized representatives of the State commission or by any
18 local liquor control commissioner or his or her authorized
19 representative. The commission, may, from time to time,
20 alter, amend or repeal, in whole or in part, any uniform
21 system of accounts, or the form and manner of keeping
22 accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to examine, or cause to be examined, under
25 oath, any licensee, and to examine or cause to be examined
26 the books and records of such licensee; to hear testimony and
27 take proof material for its information in the discharge of
28 its duties hereunder; to administer or cause to be
29 administered oaths; and for any such purpose to issue
30 subpoena or subpoenas to require the attendance of witnesses
31 and the production of books, which shall be effective in any
32 part of this State.
33 Any Circuit Court may by order duly entered, require the
34 attendance of witnesses and the production of relevant books
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1 subpoenaed by the State commission and the court may compel
2 obedience to its order by proceedings for contempt.
3 (9) To investigate the administration of laws in
4 relation to alcoholic liquors in this and other states and
5 any foreign countries, and to recommend from time to time to
6 the Governor and through him or her to the legislature of
7 this State, such amendments to this Act, if any, as it may
8 think desirable and as will serve to further the general
9 broad purposes contained in Section 1-2 hereof.
10 (10) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary for the
12 control, sale or disposition of alcoholic liquor damaged as a
13 result of an accident, wreck, flood, fire or other similar
14 occurrence.
15 (11) To develop industry educational programs related to
16 responsible serving and selling, particularly in the areas of
17 overserving consumers and illegal underage purchasing and
18 consumption of alcoholic beverages.
19 (11.1) To license persons providing education and
20 training to alcohol beverage sellers and servers under the
21 Beverage Alcohol Sellers and Servers Education and Training
22 (BASSET) programs and to develop and administer a public
23 awareness program in Illinois to reduce or eliminate the
24 illegal purchase and consumption of alcoholic beverage
25 products by persons under the age of 21. Application for a
26 license shall be made on forms provided by the State
27 Commission.
28 (12) To develop and maintain a repository of license and
29 regulatory information.
30 (13) On or before January 15, 1994, the Commission shall
31 issue a written report to the Governor and General Assembly
32 that is to be based on a comprehensive study of the impact on
33 and implications for the State of Illinois of Section 1926 of
34 the Federal ADAMHA Reorganization Act of 1992 (Public Law
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1 102-321). This study shall address the extent to which
2 Illinois currently complies with the provisions of P.L.
3 102-321 and the rules promulgated pursuant thereto.
4 As part of its report, the Commission shall provide the
5 following essential information:
6 (i) the number of retail distributors of tobacco
7 products, by type and geographic area, in the State;
8 (ii) the number of reported citations and
9 successful convictions, categorized by type and location
10 of retail distributor, for violation of the Sale of
11 Tobacco to Minors Act and the Smokeless Tobacco
12 Limitation Act;
13 (iii) the extent and nature of organized
14 educational and governmental activities that are intended
15 to promote, encourage or otherwise secure compliance with
16 any Illinois laws that prohibit the sale or distribution
17 of tobacco products to minors; and
18 (iv) the level of access and availability of
19 tobacco products to individuals under the age of 18.
20 To obtain the data necessary to comply with the
21 provisions of P.L. 102-321 and the requirements of this
22 report, the Commission shall conduct random, unannounced
23 inspections of a geographically and scientifically
24 representative sample of the State's retail tobacco
25 distributors.
26 The Commission shall consult with the Department of
27 Public Health, the Department of Human Services, the Illinois
28 State Police and any other executive branch agency, and
29 private organizations that may have information relevant to
30 this report.
31 The Commission may contract with the Food and Drug
32 Administration of the U.S. Department of Health and Human
33 Services to conduct unannounced investigations of Illinois
34 tobacco vendors to determine compliance with federal laws
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1 relating to the illegal sale of cigarettes and smokeless
2 tobacco products to persons under the age of 18.
3 (b) On or before April 30, 1999, the Commission shall
4 present a written report to the Governor and the General
5 Assembly that shall be based on a study of the impact of this
6 amendatory Act of 1998 on the business of soliciting,
7 selling, and shipping alcoholic liquor from outside of this
8 State directly to residents of this State.
9 As part of its report, the Commission shall provide the
10 following information:
11 (i) the amount of State excise and sales tax
12 revenues generated as a result of this amendatory Act of
13 1998;
14 (ii) the amount of licensing fees received as a
15 result of this amendatory Act of 1998;
16 (iii) the number of reported violations, the number
17 of cease and desist notices issued by the Commission, the
18 number of notices of violations issued to the Department
19 of Revenue, and the number of notices and complaints of
20 violations to law enforcement officials.
21 (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
22 eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)
23 (235 ILCS 5/6-27) (from Ch. 43, par. 144c)
24 Sec. 6-27. Licensing of seller and server education
25 programs.
26 (a) Any program designed to educate or train employees
27 who sell or serve alcoholic beverages at retail to identify
28 and address persons displaying problems with alcohol misuse
29 or abuse shall be licensed by the State Commission Department
30 of Human Services.
31 (b) A seller and server education program license in
32 effect on the effective date of this amendatory Act of the
33 91st General Assembly shall remain in effect until June 30,
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1 2000.
2 (Source: P.A. 89-507, eff. 7-1-97.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.