Bill Text: IL HB1463 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Liquor Control Act of 1934. Provides that, if the local liquor control commissioner in a municipality with a population of 1,000,000 or more inhabitants has reason to believe, based upon the occurrence of criminal activity, that any continued operation of the premises poses an excessive risk to the health, safety, or welfare of the community, then the local liquor control commissioner may order, without notice or hearing, that a licensed premises be closed for up to 30 days, giving the licensee an opportunity to be heard during that period. Provides that if the sale of alcoholic liquor is incidental to the sale of food or other goods and services, then the order shall only apply to the sale of alcoholic liquor. Effective immediately.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1054 [HB1463 Detail]
Download: Illinois-2013-HB1463-Amended.html
Bill Title: Amends the Liquor Control Act of 1934. Provides that, if the local liquor control commissioner in a municipality with a population of 1,000,000 or more inhabitants has reason to believe, based upon the occurrence of criminal activity, that any continued operation of the premises poses an excessive risk to the health, safety, or welfare of the community, then the local liquor control commissioner may order, without notice or hearing, that a licensed premises be closed for up to 30 days, giving the licensee an opportunity to be heard during that period. Provides that if the sale of alcoholic liquor is incidental to the sale of food or other goods and services, then the order shall only apply to the sale of alcoholic liquor. Effective immediately.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1054 [HB1463 Detail]
Download: Illinois-2013-HB1463-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 1463
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| 2 | AMENDMENT NO. ______. Amend House Bill 1463 on page 4, by | ||||||
| 3 | replacing lines 11 through 25 with the following:
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| 4 | "If the premises for which a license was issued are located | ||||||
| 5 | within a city, village, or incorporated town having a | ||||||
| 6 | population of 1,000,000 or more inhabitants and the local | ||||||
| 7 | liquor control commissioner has evidence that the following | ||||||
| 8 | criminal activity has occurred inside the licensed premises: | ||||||
| 9 | the sale of or possession with intent to sell controlled | ||||||
| 10 | substances or marijuana, the sale of or possession with intent | ||||||
| 11 | to sell firearms, homicide, criminal sexual assault or criminal | ||||||
| 12 | sexual abuse, aggravated assault or aggravated battery, then | ||||||
| 13 | the local liquor control commissioner may, without notice or | ||||||
| 14 | hearing, and upon the issuance of a written order stating that | ||||||
| 15 | the continued operation of the licensed premises poses an | ||||||
| 16 | immediate threat to the health, safety, or welfare of the | ||||||
| 17 | community, order the licensed premises closed for not more than | ||||||
| 18 | 30 days, giving the licensee an opportunity to be heard during | ||||||
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| 1 | that period. If the licensee is granted a continuance during | ||||||
| 2 | this time, the licensed premises shall remain closed until a | ||||||
| 3 | judgment is entered. Notwithstanding the foregoing, the | ||||||
| 4 | licensed premises will be allowed to remain open if the | ||||||
| 5 | criminal activity is timely reported by the licensee, or its | ||||||
| 6 | agents, pursuant to local ordinance, and the criminal activity | ||||||
| 7 | shall not be used as a basis for suspension under this Act. A | ||||||
| 8 | distributor may, in coordination with the local liquor control | ||||||
| 9 | commissioner and the local police department, remove any | ||||||
| 10 | product from the licensed premises for which the distributor | ||||||
| 11 | has not received full payment from the licensee at the time of | ||||||
| 12 | the closure of the premises. The distributor shall provide the | ||||||
| 13 | local liquor control commissioner with a document outlining the | ||||||
| 14 | products for which full payment has not been received.".
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