SB 3136 — LIQUOR-EXAMINER EDUCATION

*LRB09620239ASK35815b* SB3136 96THEngrossed GENERALLRB096 ASSEMBLY20239 StateASK of35815 Illinoisb andAN 2010ACT SB3136concerning Introducedliquor. 2/9/2010, by Sen.

Michael W.

Frerichs SYNOPSIS AS INTRODUCED:

ILCS 5/3-12 ILCS 5/5-3 from Ch.

43, par.

118 Amends the Liquor Control Act of 1934.

Beginning on July 1, 2010, provides that of the funds received for a retailer's license, $270 shall be paid into the Dram Shop Fund and $230 shall be paid into the General Revenue Fund.

Provides that the increase in amount of funds that is deposited into the Dram Shop Fund as a result of the amendatory Act shall only be used for the continuing education and professional training of examination employees of the State Commission and shall be in addition to purposes.

Also makes technical changes.

Effective July 1, 2010.

such LRB096 20239 ASK 35815 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3136 LRB096 20239 ASK 35815 b AN ACT concerning liquor.

(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 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 SB3136 Engrossed - 2 - LRB096 20239 ASK 35815 b effect for 30 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 SB3136 Engrossed - 3 - LRB096 20239 ASK 35815 b the destruction of the bottle of alcoholic liquor and a fine of 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 SB3136 Engrossed - 4 - LRB096 20239 ASK 35815 b local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.

Hearings under this SB3136 Engrossed - 5 - LRB096 20239 ASK 35815 b subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing.

The State Commission SB3136 Engrossed - 6 - LRB096 20239 ASK 35815 b commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts.

(9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time SB3136 Engrossed - 7 - LRB096 20239 ASK 35815 b to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof.

(13) On or before January 15, 1994, the State Commission shall issue a written report to the Governor and SB3136 Engrossed - 8 - LRB096 20239 ASK 35815 b General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321).

102-321 and the requirements of this SB3136 Engrossed - 9 - LRB096 20239 ASK 35815 b report, the State Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors.

SB3136 Engrossed - 10 - LRB096 20239 ASK 35815 b (B) The amount of licensing fees received.

(16) The State Commission shall, in addition to notifying any appropriate law enforcement agency, submit SB3136 Engrossed - 11 - LRB096 20239 ASK 35815 b notices of complaints or violations of Sections 6-29 and 6-29.1 by persons who do not hold a winery shipper's license under this amendatory Act to the Illinois Attorney General and to the U.S.

and (5) that it will comply with the liquor and revenue laws of the United States, this State, and any other state where it SB3136 Engrossed - 12 - LRB096 20239 ASK 35815 b is licensed.

(E) Except in hearings for violations of this Act or amendatory Act or a bona fide investigation by duly sworn law enforcement officials, the State Commission, SB3136 Engrossed - 13 - LRB096 20239 ASK 35815 b or its agents, the State Commission shall maintain the production and sales information of a self-distribution exemption holder as confidential and shall not release such information to any person.

The increase in the SB3136 Engrossed - 14 - LRB096 20239 ASK 35815 b amount of funds deposited into the Dram Shop Fund as a result of this amendatory Act of the 96th General Assembly shall only be used for this purpose and shall be in addition to the regular expenditures being made from the Dram Shop Fund for this purpose.

118) SB3136 Engrossed - 15 - LRB096 20239 ASK 35815 b Sec.

90 SB3136 Engrossed - 16 - LRB096 20239 ASK 35815 b For a wine-maker's premises license ............

SB3136 Engrossed - 17 - LRB096 20239 ASK 35815 b Class 1....................................

(a) Hospitals, sanitariums, or clinics when their use of alcoholic liquor is exclusively medicinal, mechanical SB3136 Engrossed - 18 - LRB096 20239 ASK 35815 b or scientific.