Bill Text: IL HB1463 | 2013-2014 | 98th General Assembly | Introduced

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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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1463 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
235 ILCS 5/7-5 from Ch. 43, par. 149
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.
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A BILL FOR
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AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 7-5 as follows:
(235 ILCS 5/7-5) (from Ch. 43, par. 149)
Sec. 7-5. The local liquor control commissioner may revoke
or suspend any license issued by him if he determines that the
licensee has violated any of the provisions of this Act or of
any valid ordinance or resolution enacted by the particular
city council, president, or board of trustees or county board
(as the case may be) or any applicable rule or regulations
established by the local liquor control commissioner or the
State commission which is not inconsistent with law. Upon
notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the
issuance or renewal of a license, fine a licensee, or suspend
or revoke any license issued by the State Commission if the
licensee or license applicant has violated the provisions of
Section 3 of the Retailers' Occupation Tax Act. In addition to
the suspension, the local liquor control commissioner in any
county or municipality may levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1000 for a first

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violation within a 12-month period, $1,500 for a second
violation within a 12-month period, and $2,500 for a third or
subsequent violation within a 12-month period. Each day on
which a violation continues shall constitute a separate
violation. Not more than $15,000 in fines under this Section
may be imposed against any licensee during the period of his
license. Proceeds from such fines shall be paid into the
general corporate fund of the county or municipal treasury, as
the case may be.
However, no such license shall be so revoked or suspended
and no licensee shall be fined except after a public hearing by
the local liquor control commissioner with a 3 day written
notice to the licensee affording the licensee an opportunity to
appear and defend. All such hearings shall be open to the
public and the local liquor control commissioner shall reduce
all evidence to writing and shall maintain an official record
of the proceedings. If the local liquor control commissioner
has reason to believe that any continued operation of a
particular licensed premises will immediately threaten the
welfare of the community he may, upon the issuance of a written
order stating the reason for such conclusion and without notice
or hearing order the licensed premises closed for not more than
7 days, giving the licensee an opportunity to be heard during
that period, except that if such licensee shall also be engaged
in the conduct of another business or businesses on the
licensed premises such order shall not be applicable to such

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other business or businesses.
The local liquor control commissioner shall within 5 days
after such hearing, if he determines after such hearing that
the license should be revoked or suspended or that the licensee
should be fined, state the reason or reasons for such
determination in a written order, and either the amount of the
fine, the period of suspension, or that the license has been
revoked, and shall serve a copy of such order within the 5 days
upon the licensee.
If the premises for which the license was issued are
located outside of a city, village or incorporated town having
a population of 500,000 or more inhabitants, the licensee after
the receipt of such order of suspension or revocation shall
have the privilege within a period of 20 days after the receipt
of such order of suspension or revocation of appealing the
order to the State commission for a decision sustaining,
reversing or modifying the order of the local liquor control
commissioner. If the State commission affirms the local
commissioner's order to suspend or revoke the license at the
first hearing, the appellant shall cease to engage in the
business for which the license was issued, until the local
commissioner's order is terminated by its own provisions or
reversed upon rehearing or by the courts.
If the premises for which the license was issued are
located within a city, village or incorporated town having a
population of 500,000 or more inhabitants, the licensee shall

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have the privilege, within a period of 20 days after the
receipt of such order of fine, suspension or revocation, of
appealing the order to the local license appeal commission and
upon the filing of such an appeal by the licensee the license
appeal commission shall determine the appeal upon certified
record of proceedings of the local liquor commissioner in
accordance with the provisions of Section 7-9. Within 30 days
after such appeal was heard the license appeal commission shall
render a decision sustaining or reversing the order of the
local liquor control commissioner.
If the premises for which a license was issued are located
within a city, village, or incorporated town having a
population of 1,000,000 or more inhabitants and the local
liquor control commissioner has reason to believe, based upon
the occurrence of criminal activity, that any continued
operation of the licensed premises poses an excessive risk to
the health, safety, or welfare of the community, then the local
liquor control commissioner may, upon the issuance of a written
order stating the reason for that conclusion and without notice
or hearing, order the licensed premises closed for not more
than 30 days, giving the licensee an opportunity to be heard
during that period, provided 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.
(Source: P.A. 95-331, eff. 8-21-07.)

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Section 99. Effective date. This Act takes effect upon
becoming law.