Rep. Esther Golar
Filed: 4/18/2013
 
 


 




09800HB1463ham002LRB098 07279 RPM 44835 a



1
AMENDMENT TO HOUSE BILL 1463




2 AMENDMENT NO. ______. Amend House Bill 1463, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Liquor Control Act of 1934 is amended by 
6changing Section 7-5 as follows:




7 (235 ILCS 5/7-5) (from Ch. 43, par. 149)



8 Sec. 7-5. The local liquor control commissioner may revoke 
9or suspend any
license issued by him if he determines that the 
10licensee has violated any
of the provisions of this Act or of 
11any valid ordinance or resolution
enacted by the particular 
12city council, president, or board of trustees or
county board 
13(as the case may be) or any applicable rule or regulations

14established by the local liquor control commissioner or the 
15State
commission which is not inconsistent with law.
Upon 
16notification by the Illinois Department of Revenue, the State

 
 
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1Commission, in accordance with Section 3-12, may refuse the 
2issuance or renewal of a license, fine a licensee, or suspend 
3or revoke any license issued by the State Commission if the 
4licensee or license applicant has
violated the
provisions of 
5Section 3 of the Retailers' Occupation Tax Act.
In addition to 
6the suspension,
the local liquor control commissioner in any

7county or municipality
may levy a fine on the licensee for such

8violations. The fine imposed shall not exceed $1000 for a first

9violation within a 12-month period, $1,500 for a second 
10violation within a
12-month period, and $2,500 for a third or 
11subsequent violation within a
12-month period. Each day on 
12which a violation continues shall
constitute a separate 
13violation.
Not more than $15,000 in fines under this Section 
14may be
imposed against
any licensee during the period of his 
15license. Proceeds from such fines
shall be paid into the 
16general corporate fund of the county or
municipal treasury, as 
17the case may be.

18 However, no such license
shall be so revoked or suspended 
19and no licensee shall be fined except after
a public hearing by 
20the local
liquor control commissioner with a 3 day written 
21notice to the licensee
affording the licensee an opportunity to 
22appear and defend.
All such
hearings shall be open to the 
23public and the local liquor control
commissioner shall reduce 
24all evidence to writing and shall maintain an
official record 
25of the proceedings. If the local liquor control
commissioner 
26has reason to believe that any continued operation of a

 
 
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1particular licensed premises will immediately threaten the 
2welfare of the
community he may, upon the issuance of a written 
3order stating the reason
for such conclusion and without notice 
4or hearing order the licensed
premises closed for not more than 
57 days, giving the licensee an
opportunity to be heard during 
6that period, except that if such licensee
shall also be engaged 
7in the conduct of another business or businesses on
the 
8licensed premises such order shall not be applicable to such 
9other
business or businesses.

10 The local liquor control commissioner shall within 5 days 
11after such
hearing, if he determines after such hearing that 
12the license should be
revoked or suspended or that the licensee 
13should be fined, state the reason
or reasons for such 
14determination in
a written order, and either the amount of the 
15fine, the period of suspension,
or that the license has been 
16revoked,
and shall serve a copy of such
order within the 5 days 
17upon the licensee.

18 If the premises for which the license was issued are 
19located outside of
a city, village or incorporated town having 
20a population of 500,000 or more
inhabitants, the licensee after 
21the receipt of such order of suspension or
revocation shall 
22have the privilege within a period of 20 days after the
receipt 
23of such order of suspension or revocation of appealing the 
24order to
the State commission for a decision sustaining, 
25reversing or modifying the
order of the local liquor control 
26commissioner. If the State commission
affirms the local 
 
 
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1commissioner's order to suspend or revoke the license at
the 
2first hearing, the appellant shall cease to engage in the 
3business for
which the license was issued, until the local 
4commissioner's order is
terminated by its own provisions or 
5reversed upon rehearing or by the
courts.

6 If the premises for which the license was issued are 
7located within a
city, village or incorporated town having a 
8population of 500,000 or more
inhabitants, the licensee shall 
9have the privilege, within a period of 20 days
after the

10receipt of such order of fine, suspension or revocation, of 
11appealing the order
to
the local license appeal commission and 
12upon the filing of such an appeal
by the licensee the license 
13appeal commission shall determine the appeal
upon certified 
14record of proceedings of the local liquor commissioner in

15accordance with the provisions of Section 7-9. Within 30
days 
16after such appeal was heard the license appeal
commission shall

17render a decision sustaining or reversing
the order of the 
18local liquor
control commissioner.

19 If the premises for which a license was issued are located 
20within a city, village, or incorporated town having a 
21population of 1,000,000 or more inhabitants and the local 
22liquor control commissioner has evidence, based upon the 
23occurrence of criminal activity, that any continued operation 
24of the licensed premises poses an excessive risk to the health, 
25safety, or welfare of the community, then the local liquor 
26control commissioner may, upon the issuance of a written order 
 
 
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1stating the reason for that conclusion and without notice or 
2hearing, order the licensed premises closed for not more than 
330 days, giving the licensee an opportunity to be heard during 
4that period, provided that, if the licensee is also engaged in 
5the conduct of another business or businesses on the licensed 
6premises, the order shall not be applicable to the other 
7business or businesses. 
8(Source: P.A. 95-331, eff. 8-21-07.)



9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".