(235 ILCS 5/Art. VII heading)
LICENSES
(235 ILCS 5/7-1) (from Ch. 43, par. 145)
Sec. 7-1.
An applicant for a retail license from the State Commission
shall submit to the State Commission an application in writing under oath
stating:
- (1) The applicant’s name and mailing address;
- (2) The name and address of the applicant’s business;
- (3) If applicable, the date of the filing of the “assumed name” of the business with the County Clerk;
- (4) In case of a copartnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or in the case of a foreign corporation, the State where it was incorporated and the date of its becoming qualified under the Business Corporation Act of 1983 to transact business in the State of Illinois;
- (5) The number, the date of issuance and the date of expiration of the applicant’s current local retail liquor license;
- (6) The name of the city, village, or county that issued the local retail liquor license;
- (7) The name and address of the landlord if the premises are leased;
- (8) The date of the applicant’s first request for a State liquor license and whether it was granted, denied or withdrawn;
- (9) The address of the applicant when the first application for a State liquor license was made;
- (10) The applicant’s current State liquor license number;
- (11) The date the applicant began liquor sales at his place of business;
- (12) The address of the applicant’s warehouse if he warehouses liquor;
- (13) The applicant’s Retailers’ Occupation Tax (ROT) Registration Number;
- (14) The applicant’s document locator number on his Federal Special Tax Stamp;
- (15) Whether the applicant is delinquent in the payment of the Retailers’ Occupation Tax (Sales Tax), and if so, the reasons therefor;
- (16) Whether the applicant is delinquent under the cash beer law, and if so, the reasons therefor;
- (17) In the case of a retailer, whether he is delinquent under the 30-day credit law, and if so, the reasons therefor;
- (18) In the case of a distributor, whether he is delinquent under the 15-day credit law, and if so, the reasons therefor;
- (19) Whether the applicant has made an application for a liquor license which has been denied, and if so, the reasons therefor;
- (20) Whether the applicant has ever had any previous liquor license suspended or revoked, and if so, the reasons therefor;
- (21) Whether the applicant has ever been convicted of a gambling offense or felony, and if so, the particulars thereof;
- (22) Whether the applicant possesses a current Federal Wagering Stamp, and if so, the reasons therefor;
- (23) Whether the applicant, or any other person, directly in his place of business is a public official, and if so, the particulars thereof;
- (24) The applicant’s name, sex, date of birth, social security number, position and percentage of ownership in the business; and the name, sex, date of birth, social security number, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager and any person who owns 5% or more of the shares of the applicant business entity or parent corporations of the applicant business entity; and
- (25) That he has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days as herein expressly permitted under Section 6-5 hereof), directly or indirectly, from any manufacturer, importing distributor or distributor or from any representative of any such manufacturer, importing distributor or distributor, nor be a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of Section 6-6 of this Act.
In addition to any other requirement of this Section, an applicant for
a special use permit license and a special event retailer’s license shall
also submit (A) proof satisfactory to the Commission that the applicant
has a resale number issued under Section 2c of the Retailers’ Occupation Tax
Act or that the applicant is registered under Section 2a of the Retailers’
Occupation Tax Act, (B) proof satisfactory to the Commission that the
applicant has a current, valid exemption identification number issued under
Section 1g of the Retailers’ Occupation Tax Act and a certification to the
Commission that the purchase of alcoholic liquors will be a tax-exempt
purchase, or (C) a statement that the applicant is not registered under
Section 2a of the Retailers’ Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers’ Occupation Tax Act, and does not
hold an exemption number under Section 1g of the Retailers’ Occupation
Tax Act.
The applicant shall also submit proof of adequate dram shop
insurance for the special event prior to being issued a license.
In addition to the foregoing information, such application shall
contain such other and further information as the State Commission and
the local commission may, by rule or regulation not inconsistent with
law, prescribe.
If the applicant reports a felony conviction as required under
paragraph (21) of this Section, such conviction may be considered by the
Commission in accordance with Section 6-2.5 of this Act in determining qualifications for licensing, but shall not
operate as a bar to licensing.
If said application is made in behalf of a partnership, firm,
association, club or corporation, then the same shall be signed by one
member of such partnership or the president or
secretary of
such corporation or an authorized agent of said
partnership or corporation.
All other applications shall be on forms prescribed by
the State Commission, and which may exclude any of the above requirements which
the State Commission rules to be inapplicable.
(Source: P.A. 100-286, eff. 1-1-18.)
(235 ILCS 5/7-2) (from Ch. 43, par. 146)
Sec. 7-2.
License fee payable with applications.
All applications to
the
State Commission shall be accompanied by the deposit of a
check or draft drawn on a bank or savings and loan association
within this State or United States postal money order in
the full
amount of the license fee required to be paid for the kind of license applied
for, which fee shall be returned to such applicant if such application is
denied.
(Source: P.A. 89-250, eff. 1-1-96.)
(235 ILCS 5/7-3) (from Ch. 43, par. 147)
Sec. 7-3.
If a licensee shall be convicted of the violation of any of the
provisions of this Act, or his license shall be revoked and no appeal is
taken from said order of revocation or any appeal taken therefrom is
decided adversely to the licensee, said bond (if one is required) shall
thereupon be forfeited.
(Source: P.A. 83-1254.)
(235 ILCS 5/7-4) (from Ch. 43, par. 148)
Sec. 7-4.
At any time during the pendency of an application the State
commission shall have the right to compel the applicant to submit to any
examination and to produce any books and records which, in the judgment of
the State commission, are material to the determination of whether the
applicant is qualified to receive a license under the provisions of this
Act, or whether the premises sought to be licensed are suitable for such
purposes. The State commission shall also have the right to require the
applicant to answer any charges made in any objection to the issuance of
the license or made by the chief of police, prosecuting official, mayor or
president of cities, towns, and villages or by the sheriff or prosecuting
attorney of counties relative to the same. The failure of any applicant to
appear at the time and place fixed by the State commission for his
examination or to produce books and records requested, unless for good
cause shown, shall be deemed to be an admission that the applicant is not
qualified to receive a license.
(Source: P.A. 82-783.)
(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
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 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 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 evidence that the following criminal activity has occurred inside the licensed premises: the sale of or possession with intent to sell controlled substances or marijuana, the sale of or possession with intent to sell firearms, homicide, criminal sexual assault or criminal sexual abuse, aggravated assault or aggravated battery, then the local liquor control commissioner may, without notice or hearing, and upon the issuance of a written order stating that the continued operation of the licensed premises poses an immediate threat to the health, safety, or welfare of the community, order the licensed premises closed for a period of not more than 30 days, giving the licensee an opportunity to be heard during that period. Upon receipt of evidence of the criminal activity by the local liquor control commissioner, the name of the licensee and the address of the licensed premises where the criminal activity is alleged to have occurred may be submitted by the local liquor control commissioner to the State Commission. If such information is received by the State Commission, then the State Commission must post that information in each of its offices in places available for public inspection not later than the day following the State Commission’s receipt of the information. If the licensee is granted a continuance during the period of time the licensed premises is ordered to be closed, the licensed premises shall remain closed until a judgment is entered. Notwithstanding the foregoing, the licensed premises will be allowed to remain open if the criminal activity is timely reported by the licensee, or its agents, pursuant to local ordinance, and the criminal activity shall not be used as a basis for suspension under this Act. A distributor may, in coordination with the local liquor control commissioner and the local police department, remove any product from the licensed premises for which the distributor has not received full payment from the licensee at the time of the closure of the premises. The distributor shall provide the local liquor control commissioner with a document outlining the products for which full payment has not been received.
(Source: P.A. 98-1054, eff. 8-26-14.)
(235 ILCS 5/7-6) (from Ch. 43, par. 150)
Sec. 7-6. All proceedings for the revocation or suspension of licenses
of manufacturers, distributors, importing distributors, non-resident dealers,
foreign
importers, non-beverage users, railroads, airplanes and boats shall be
before the State Commission. All such proceedings and all proceedings
for the revocation or suspension of a retailer’s license before the
State commission shall be in accordance with rules and regulations
established by it not inconsistent with law. However, no such license
shall be so revoked or suspended except after a hearing by the State
commission with reasonable notice to the licensee served by registered
or certified mail with return receipt requested at least 10 days
prior to
the hearings at the last known place of business of the licensee and
after an opportunity to appear and defend. Such notice shall
specify the
time and place of the hearing, the nature of the charges, the
specific provisions of the Act and rules violated, and the specific facts
supporting the charges or violation. The
findings of the Commission shall be predicated upon competent evidence.
The revocation of a local license shall automatically result in the
revocation of a State license.
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.
All procedures for the suspension or revocation
of a license, as enumerated above, are applicable to the levying of fines
for violations of this Act or any rule or regulation issued pursuant thereto.
(Source: P.A. 95-331, eff. 8-21-07.)
(235 ILCS 5/7-7) (from Ch. 43, par. 151)
Sec. 7-7.
Any five residents of the city, village or county shall have the
right to file a complaint with the local commission stating that any
retailer licensee, subject to the jurisdiction of the local commission, has
been or is violating the provisions of this Act or the rules or regulations
issued pursuant hereto. Such complaint shall be in writing in the form
prescribed by the local commission and shall be signed and sworn to by the
parties complaining. The complaint shall state the particular provision,
rule or regulation believed to have been violated and the facts in detail
upon which belief is based. If the local commission is satisfied that the
complaint substantially charges a violation and that from the facts alleged
there is reasonable cause for such belief, it shall set the matter for
hearing and shall serve notice upon the licensee of the time and place of
such hearing and of the particular charge in the complaint.
(Source: P.A. 82-783.)
(235 ILCS 5/7-8) (from Ch. 43, par. 152)
Sec. 7-8.
For each city, village or incorporated town having a population
of 500,000 or more inhabitants, there is established a license appeal
commission consisting of the chairman of the Illinois Liquor Control
Commission, the most senior member of the Illinois Liquor Control Commission
who is not of the same political party as the chairman, and one person who is
a resident of the particular city, village or incorporated town selected by
the council or president and board of trustees, as the case may be, who
shall serve for a term of 4 years and until his successor is selected
and takes office. Neither the mayor, president of the board of trustees,
nor any member of the council or board of trustees shall be eligible for
membership on a license appeal commission. Each of the 2 members of the
Illinois Liquor Control Commission shall receive a $200 per diem
for their work on the license appeal commission, and the other member shall
receive an annual salary which shall be paid by the particular city,
village or incorporated town. The secretary of the Illinois Liquor Control
Commission shall be ex-officio the secretary for each license appeal
commission.
(Source: P.A. 91-798, eff. 7-9-00; 91-922, eff. 7-7-00.)
(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9.
Except as provided in this Section, any order or action of a
local liquor control commissioner levying a fine or refusing to levy a fine
on a licensee, granting or refusing to grant a license,
revoking or suspending or refusing to revoke or suspend a license or
refusing for more than 30 days to grant a hearing upon a complaint to
revoke or suspend a license may, within 20 days after notice of such
order or action, be appealed by any resident of the political
subdivision under the jurisdiction of the local liquor control
commissioner or any person interested, to the State Commission.
In any case where a licensee appeals to the State Commission from an
order or action of the local liquor control commission having the effect of
suspending or revoking a license, denying a renewal application, or
refusing to grant a license, the licensee shall resume the operation of the
licensed business pending the decision of the State Commission and the
expiration of the time allowed for an application for rehearing. If an
application for rehearing is filed, the licensee shall continue the
operation of the licensed business until the denial of the application or,
if the rehearing is granted, until the decision on rehearing.
In any case in which a licensee appeals to the State Commission a
suspension or revocation by a local liquor control commissioner that is the
second or subsequent such suspension or revocation placed on that licensee
within the preceding 12 month period, the licensee shall
consider the suspension or revocation to be in effect until a reversal of
the local liquor control commissioner’s action has been issued by the State
Commission and shall cease all activity otherwise authorized by the
license. The State Commission shall expedite, to the greatest extent
possible, its consideration of any appeal that is an appeal of a second or
subsequent suspension or revocation within the past 12 month period.
The appeal shall be limited to a review of the official record of the
proceedings of such local liquor control commissioner if the county board,
city council or board of trustees, as the case may be,
has adopted a resolution requiring that such review be on the record. If such
resolution is adopted, a certified official record of the proceedings
taken and prepared by a certified court reporter or certified shorthand
reporter shall be filed by the local liquor control commissioner within 5
days after notice of the filing of such appeal, if the appellant licensee
pays for the cost of the transcript.
The State Commission
shall
review the propriety of the order or action of the local liquor control
commissioner and shall consider the following questions:
- (a) whether the local liquor control commissioner has proceeded in the manner provided by law;
- (b) whether the order is supported by the findings;
- (c) whether the findings are supported by substantial evidence in the light of the whole record.
The only evidence which may be considered in the review, shall be the
evidence found in the certified official record of the proceedings of
the local liquor control commissioner. No new or additional evidence
shall be admitted or considered. The State Commission shall render a
decision affirming, reversing or modifying the order or action reviewed
within 30 days after the appeal was heard.
In the event such appeal is from an order of a local liquor control
commissioner of a city, village or incorporated town of 500,000 or more
inhabitants, granting or refusing to grant a license or refusing for
more than 30 days to grant a hearing upon a complaint to revoke or
suspend a license, the matter of the propriety of such order or action
shall be tried de novo by the license appeal commission as expeditiously
as circumstances permit.
In the event such appeal is from an order or action of a local liquor
control commissioner of a city, village or incorporated town of 500,000
or more inhabitants, imposing a fine or refusing to impose a fine on a
licensee, revoking or suspending or refusing to revoke or
suspend a license, the license appeal commission shall determine the
appeal by a review of the official record of the proceedings of such
local liquor control commissioner. A certified record of the proceedings
shall be promptly filed with the license appeal commission by such local
liquor
control commissioner after notice of the filing of such
appeal if the appellant licensee pays for the cost of the transcript
and promptly delivers the transcript to
the local liquor control commission or its attorney.
The review by the license appeal commission shall be limited to
the questions:
- (a) whether the local liquor control commissioner has proceeded in the manner provided by law;
- (b) whether the order is supported by the findings;
- (c) whether the findings are supported by substantial evidence in the light of the whole record.
No new or additional evidence in support
of or in opposition to such order or action under appeal shall be
received other than that contained in such record of the proceedings.
Within 30 days after such appeal was heard,
the license appeal
commission shall render its decision in accordance with the provisions
of Section 7-5.
In cities, villages and incorporated towns having a population of
500,000 or more inhabitants, appeals from any order or action shall lie
to the license appeal commission of such city, village or incorporated
town. All of the provisions of this Section and Section 7-10 relative
to proceedings upon appeals before the State Commission
and relative to appeals from the decisions of the State Commission shall
apply also to proceedings upon appeals before any license appeal
commission and appeals from the decisions of license appeal commission.
In any trial de novo hearing before the State Commission or license
appeal commission, the local liquor control commissioner shall be
entitled to 10 days notice and to be heard. All such trial de novo
hearings shall be open to the public and the Illinois Liquor Control
Commission and the license appeal commission shall reduce all evidence
offered thereto to writing.
If after trial de novo hearing or review as provided herein, the
State Commission or the license appeal commission (as the case may be)
shall decide that the license has been improperly issued, denied,
revoked, suspended or refused to be revoked or suspended or a hearing to
revoke or suspend has been improperly refused or that the licensee has been
improperly fined or not fined, it shall enter an order
in conformity with such findings, which order shall be in writing.
A certified copy of the order shall be transmitted to the particular
local liquor control commissioner and it shall be the duty of the local
liquor control commissioner to take such action as may be necessary to
conform with the order.
In any trial de novo hearing before the State Commission or the
license appeal commission, the licensee shall submit to examination and
produce books and records material to the business conducted under the
license in like manner as before the local liquor control commissioner,
and the failure of the licensee to submit to such an examination or to
produce such books and records, or to appear at the hearing on such
appeal, shall constitute an admission that he has violated the
provisions of this Act. In the event the appeal is from an order of the
local liquor control commissioner
denying a renewal application, the
licensee shall have on deposit with the local liquor control
commissioner an amount sufficient to cover the license fee for the
renewal period and any bond that may be required.
(Source: P.A. 88-613, eff. 1-1-95.)
(235 ILCS 5/7-10) (from Ch. 43, par. 154)
Sec. 7-10.
A copy of the rule, regulation, order or decision of the State
commission or the license appeal commission, in any proceeding before it,
certified under the seal of said commission, shall be served upon each
party of record to the proceeding before the commission and service upon
any attorney of record for any such party shall be deemed service upon such
party. Each party appearing before said commission shall enter his
appearance and indicate to the commission his address for the service of a
copy of any rule, regulation, order, decision or notice and the mailing of
a copy of any rule, regulation or order of said commission or of any notice
by said commission, in said proceeding, to said party at such address shall
be deemed service thereof upon such party.
Within 20 days after the service of any rule, regulation, order or
decision of said commission upon any party to the proceeding, such party
may apply for a rehearing in respect to any matters determined by said
commission. If a rehearing is granted, the commission shall hold the
rehearing and render a decision within 20 days from the filing of the
application for rehearing with the secretary of the commission. The time
for holding such rehearing and rendering a decision may be extended for a
period not to exceed 30 days, for good cause shown, and by notice in
writing to all parties of interest. No action for the judicial review of
any decision of said commission shall be allowed unless the party
commencing such action has first filed an application for a rehearing and
the commission has acted upon said application. Only one rehearing may be
granted by the commission on application of any one party.
(Source: P.A. 82-783.)
(235 ILCS 5/7-11) (from Ch. 43, par. 154a)
Sec. 7-11.
Judicial review.
All final administrative decisions of
the State Commission under this Act shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Judicial review may be requested by any party in
interest, including but not limited to the local liquor control
commissioner. The term “administrative decision” is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 86-1279.)
(235 ILCS 5/7-12) (from Ch. 43, par. 155)
Sec. 7-12.
Whenever any licensee shall have been convicted
by any court of a
wilful violation of any of the provisions of this Act, he shall, in
addition to the penalties for such offense, incur a forfeiture of his state
and local license and all moneys that have been paid therefor; the local
commission shall thereupon revoke his license or the State commission shall
revoke his license as the case may be.
(Source: P.A. 82-783.)
(235 ILCS 5/7-13) (from Ch. 43, par. 156)
Sec. 7-13.
Granting licenses after revocation; waiting period;
discretion. When any license shall have been revoked for any cause, no
license shall be granted to any person for the period of one year thereafter
for the conduct of the business of manufacturing, distributing, or selling
alcoholic liquor in the premises described in the revoked license unless the
revocation order has been vacated or unless the revocation order was entered as
to the licensee only.
Nothing in this Section shall prohibit the issuance of a retail license
authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the
primary
business of the restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a completely new
owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is located
operated the premises as a restaurant and held a valid retail license
authorizing the
sale of alcoholic liquor at the restaurant for at least part of the 24 months
before the
change of ownership, and (3) the restaurant is located 75 or more feet from a
school.
(Source: P.A. 91-623, eff. 1-1-00.)
(235 ILCS 5/7-14) (from Ch. 43, par. 157)
Sec. 7-14.
Separate license for each premise; transfer to other
premises. Licenses issued hereunder apply only to the premises
described in
the application and in the license issued thereon, and only one location
shall be so described in each license. After a license has been granted for
particular premises, the State Commission or the local commissioner, as the
case may be, upon proper showing, may endorse upon said license permission
to abandon the premises therein described and remove therefrom to other
premises approved by him or it, but in order to obtain such approval the
licensee shall file with the State Commission and local commissioner a
request in writing and a statement under oath which shall show that the
premises to which removal is to be made comply in all respects with the
requirements of this Act.
A transfer may only be requested to a premise within the same jurisdiction
that issued the original local liquor license.
(Source: P.A. 89-250, eff. 1-1-96.)