HB 604 — TOBACCO-SAMPLES PROHIBITED

HB0604 EngrossedEnrolled LRB096 07343 RLC 17429 b AN ACT concerning tobacco.

(1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 HB0604 EngrossedEnrolled - 2 - LRB096 07343 RLC 17429 b days prior to such violation.

For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of HB0604 EngrossedEnrolled - 3 - LRB096 07343 RLC 17429 b up to $50.

(5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's HB0604 EngrossedEnrolled - 4 - LRB096 07343 RLC 17429 b Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.

Hearings under this subsection shall be held in Springfield or Chicago, at HB0604 EngrossedEnrolled - 5 - LRB096 07343 RLC 17429 b whichever location is the more convenient for the majority of persons who are parties to the hearing.

HB0604 EngrossedEnrolled - 6 - LRB096 07343 RLC 17429 b (8) In the conduct of any hearing authorized to be held by the commission, to appoint, at the commission's discretion, hearing officers to conduct hearings involving complex issues or issues that will require a protracted period of time to resolve, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee;

(10) To adopt such rules and regulations consistent HB0604 EngrossedEnrolled - 7 - LRB096 07343 RLC 17429 b with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence.

This study shall address the extent to which Illinois currently complies with the HB0604 EngrossedEnrolled - 8 - LRB096 07343 RLC 17429 b provisions of P.L.

The Commission shall consult with the Department of Public Health, the Department of Human Services, the HB0604 EngrossedEnrolled - 9 - LRB096 07343 RLC 17429 b Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report.

HB0604 EngrossedEnrolled - 10 - LRB096 07343 RLC 17429 b (E) The number of winery shipper's licenses issued.

(17) (A) A person licensed to make wine under the laws HB0604 EngrossedEnrolled - 11 - LRB096 07343 RLC 17429 b of another state who has a winery shipper's license under this amendatory Act and annually produces less than 25,000 gallons of wine or a person who has a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license under this Act and annually produces less than 25,000 gallons of wine may make application to the Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year.

(2) is not a member of any affiliated group that produces more than 25,000 gallons of wine per annum or HB0604 EngrossedEnrolled - 12 - LRB096 07343 RLC 17429 b produces any other alcoholic liquor;

HB0604 EngrossedEnrolled - 13 - LRB096 07343 RLC 17429 b (G) Nothing in this subsection (17) shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois distributor.

(i) the amount of State excise and sales tax revenues HB0604 EngrossedEnrolled - 14 - LRB096 07343 RLC 17429 b generated as a result of this amendatory Act of 1998;

(a) A licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on any licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee provides written notice, at least 14 days before the "sting operation" or enforcement action, unless governing body of the municipality or county having jurisdiction sets a shorter period by ordinance, to the law enforcement agency having jurisdiction, the local liquor HB0604 EngrossedEnrolled - 15 - LRB096 07343 RLC 17429 b control commissioner, or both.

HB0604 EngrossedEnrolled - 16 - LRB096 07343 RLC 17429 b (e) A home rule unit, other than a home rule unit with more than 2,000,000 inhabitants, may not regulate enforcement actions in a manner inconsistent with the regulation of enforcement actions under this Section.

2356.9) HB0604 EngrossedEnrolled - 17 - LRB096 07343 RLC 17429 b Sec.

HB0604 EngrossedEnrolled - 18 - LRB096 07343 RLC 17429 b (a-7) A person shall not distribute without charge samples of any tobacco product to any other person, regardless of age:

HB0604 EngrossedEnrolled - 19 - LRB096 07343 RLC 17429 b "Smokeless "smokeless tobacco" means any tobacco products that are suitable for dipping or chewing.

For the purpose of this Section, "lunch wagon" means a mobile vehicle designed and constructed to transport food and HB0604 EngrossedEnrolled - 20 - LRB096 07343 RLC 17429 b from which food is sold to the general public.