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