Rep. Esther Golar
Filed: 4/18/2013
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| 1 | AMENDMENT TO HOUSE BILL 1463
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| 2 | AMENDMENT NO. ______. Amend House Bill 1463, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
| 6 | changing Section 7-5 as follows:
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| 7 | (235 ILCS 5/7-5) (from Ch. 43, par. 149)
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| 8 | Sec. 7-5. The local liquor control commissioner may revoke | ||||||
| 9 | or suspend any
license issued by him if he determines that the | ||||||
| 10 | licensee has violated any
of the provisions of this Act or of | ||||||
| 11 | any valid ordinance or resolution
enacted by the particular | ||||||
| 12 | city council, president, or board of trustees or
county board | ||||||
| 13 | (as the case may be) or any applicable rule or regulations
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| 14 | established by the local liquor control commissioner or the | ||||||
| 15 | State
commission which is not inconsistent with law.
Upon | ||||||
| 16 | notification by the Illinois Department of Revenue, the State
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| 1 | Commission, in accordance with Section 3-12, may refuse the | ||||||
| 2 | issuance or renewal of a license, fine a licensee, or suspend | ||||||
| 3 | or revoke any license issued by the State Commission if the | ||||||
| 4 | licensee or license applicant has
violated the
provisions of | ||||||
| 5 | Section 3 of the Retailers' Occupation Tax Act.
In addition to | ||||||
| 6 | the suspension,
the local liquor control commissioner in any
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| 7 | county or municipality
may levy a fine on the licensee for such
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| 8 | violations. The fine imposed shall not exceed $1000 for a first
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| 9 | violation within a 12-month period, $1,500 for a second | ||||||
| 10 | violation within a
12-month period, and $2,500 for a third or | ||||||
| 11 | subsequent violation within a
12-month period. Each day on | ||||||
| 12 | which a violation continues shall
constitute a separate | ||||||
| 13 | violation.
Not more than $15,000 in fines under this Section | ||||||
| 14 | may be
imposed against
any licensee during the period of his | ||||||
| 15 | license. Proceeds from such fines
shall be paid into the | ||||||
| 16 | general corporate fund of the county or
municipal treasury, as | ||||||
| 17 | the case may be.
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| 18 | However, no such license
shall be so revoked or suspended | ||||||
| 19 | and no licensee shall be fined except after
a public hearing by | ||||||
| 20 | the local
liquor control commissioner with a 3 day written | ||||||
| 21 | notice to the licensee
affording the licensee an opportunity to | ||||||
| 22 | appear and defend.
All such
hearings shall be open to the | ||||||
| 23 | public and the local liquor control
commissioner shall reduce | ||||||
| 24 | all evidence to writing and shall maintain an
official record | ||||||
| 25 | of the proceedings. If the local liquor control
commissioner | ||||||
| 26 | has reason to believe that any continued operation of a
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| 1 | particular licensed premises will immediately threaten the | ||||||
| 2 | welfare of the
community he may, upon the issuance of a written | ||||||
| 3 | order stating the reason
for such conclusion and without notice | ||||||
| 4 | or hearing order the licensed
premises closed for not more than | ||||||
| 5 | 7 days, giving the licensee an
opportunity to be heard during | ||||||
| 6 | that period, except that if such licensee
shall also be engaged | ||||||
| 7 | in the conduct of another business or businesses on
the | ||||||
| 8 | licensed premises such order shall not be applicable to such | ||||||
| 9 | other
business or businesses.
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| 10 | The local liquor control commissioner shall within 5 days | ||||||
| 11 | after such
hearing, if he determines after such hearing that | ||||||
| 12 | the license should be
revoked or suspended or that the licensee | ||||||
| 13 | should be fined, state the reason
or reasons for such | ||||||
| 14 | determination in
a written order, and either the amount of the | ||||||
| 15 | fine, the period of suspension,
or that the license has been | ||||||
| 16 | revoked,
and shall serve a copy of such
order within the 5 days | ||||||
| 17 | upon the licensee.
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| 18 | If the premises for which the license was issued are | ||||||
| 19 | located outside of
a city, village or incorporated town having | ||||||
| 20 | a population of 500,000 or more
inhabitants, the licensee after | ||||||
| 21 | the receipt of such order of suspension or
revocation shall | ||||||
| 22 | have the privilege within a period of 20 days after the
receipt | ||||||
| 23 | of such order of suspension or revocation of appealing the | ||||||
| 24 | order to
the State commission for a decision sustaining, | ||||||
| 25 | reversing or modifying the
order of the local liquor control | ||||||
| 26 | commissioner. If the State commission
affirms the local | ||||||
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| 1 | commissioner's order to suspend or revoke the license at
the | ||||||
| 2 | first hearing, the appellant shall cease to engage in the | ||||||
| 3 | business for
which the license was issued, until the local | ||||||
| 4 | commissioner's order is
terminated by its own provisions or | ||||||
| 5 | reversed upon rehearing or by the
courts.
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| 6 | If the premises for which the license was issued are | ||||||
| 7 | located within a
city, village or incorporated town having a | ||||||
| 8 | population of 500,000 or more
inhabitants, the licensee shall | ||||||
| 9 | have the privilege, within a period of 20 days
after the
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| 10 | receipt of such order of fine, suspension or revocation, of | ||||||
| 11 | appealing the order
to
the local license appeal commission and | ||||||
| 12 | upon the filing of such an appeal
by the licensee the license | ||||||
| 13 | appeal commission shall determine the appeal
upon certified | ||||||
| 14 | record of proceedings of the local liquor commissioner in
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| 15 | accordance with the provisions of Section 7-9. Within 30
days | ||||||
| 16 | after such appeal was heard the license appeal
commission shall
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| 17 | render a decision sustaining or reversing
the order of the | ||||||
| 18 | local liquor
control commissioner.
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| 19 | If the premises for which a license was issued are located | ||||||
| 20 | within a city, village, or incorporated town having a | ||||||
| 21 | population of 1,000,000 or more inhabitants and the local | ||||||
| 22 | liquor control commissioner has evidence, based upon the | ||||||
| 23 | occurrence of criminal activity, that any continued operation | ||||||
| 24 | of the licensed premises poses an excessive risk to the health, | ||||||
| 25 | safety, or welfare of the community, then the local liquor | ||||||
| 26 | control commissioner may, upon the issuance of a written order | ||||||
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| 1 | stating the reason for that conclusion and without notice or | ||||||
| 2 | hearing, order the licensed premises closed for not more than | ||||||
| 3 | 30 days, giving the licensee an opportunity to be heard during | ||||||
| 4 | that period, provided that, if the licensee is also engaged in | ||||||
| 5 | the conduct of another business or businesses on the licensed | ||||||
| 6 | premises, the order shall not be applicable to the other | ||||||
| 7 | business or businesses. | ||||||
| 8 | (Source: P.A. 95-331, eff. 8-21-07.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.".
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