(235 ILCS 5/Art. III heading)
(235 ILCS 5/3-1) (from Ch. 43, par. 97)
Sec. 3-1.
There is hereby created an Illinois Liquor Control Commission
consisting of 7 members to be appointed by the Governor
with the advice and consent of the Senate, no more than 4
of whom shall be members of the same political party. The Executive Director of the Illinois Liquor Control Commission shall be appointed by the Governor with the advice and consent of the Senate.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-2) (from Ch. 43, par. 98)
Sec. 3-2.
Immediately, or soon as may be after the effective date of this
Act, the Governor shall appoint 3 members of the commission,
one of whom shall be designated as "Chairman", one to hold office for a
period of 2 years, one to hold office for a period of 4
years and one to hold office for a period of 6 years. Immediately,
or as soon as may be after the effective
date of this amendatory Act of 1983, the Governor shall appoint 2 members
to the commission to the offices created by this amendatory Act of 1983,
one for an initial term expiring the third Monday in January of 1986 and
one for an initial term expiring the third Monday in January of
1988. At the expiration of the
term of any such commissioner the Governor shall reappoint said commissioner
or appoint a successor of said commissioner for a period of
6 years. The Governor shall have power to fill vacancies in the
office of any commissioner.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the commission is abolished on the effective
date of this amendatory Act of 1985, but the incumbent members shall
continue to exercise all of the powers and be subject to all of the duties
of members of the commission until their respective successors are
appointed and qualified. The Governor shall appoint 2 members of the
commission whose terms of office shall expire on February 1, 1986, 2
members of the commission whose terms of office shall expire on February 1,
1988, and one member of the commission whose term shall expire on February
1, 1990. Their respective successors shall be appointed for terms of 6
years from the first day of February of the year of appointment. Each
member shall serve until his successor is appointed and qualified.
The initial term of both of the 2 additional members appointed pursuant to
this amendatory Act of the 91st General Assembly shall expire on February 1,
2006. Their respective successors shall be appointed for terms of 6 years from
the first day of February of the year of appointment. Each member shall serve
until his or her successor is appointed and qualified.
Notwithstanding any action taken to fill the office on an acting, temporary, or other basis, the office of Executive Director of the Commission shall be vacant on January 1, 2019. On and after January 1, 2019, the Governor shall appoint the Executive Director of the Commission for a 4-year term, with the advice and consent of the Senate.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-3) (from Ch. 43, par. 99)
Sec. 3-3.
A majority of the commission shall constitute a quorum
to transact
business, but no vacancy shall impair the right of the remaining
commissioners to exercise all of the powers of the commission; and every
act of a majority of the members of the commission shall be deemed to be
the act of the commission. The commission shall have a secretary who shall
keep a record of all proceedings, transactions, communications and official
acts of the commission and who shall be custodian of all records and
perform such other duties as the commission may prescribe.
(Source: P.A. 82-783.)
(235 ILCS 5/3-4) (from Ch. 43, par. 100)
Sec. 3-4. Authority to conduct investigations. The State Commission shall obtain, pursuant to the provisions of the
Personnel Code, such inspectors,
clerks, and other employees as may be necessary to carry out the provisions
of this Act, or to perform the duties and exercise the powers conferred by
law upon the State Commission. The inspectors obtained by the State Commission shall not be peace
officers and shall not exercise any powers of a peace officer.
The State Commission shall have the power to appoint investigators to conduct investigations, searches, seizures, arrests, and other duties required to enforce the provisions of this Act, on behalf of the State Commission, and to ensure the health, safety, and welfare of the People of the State of Illinois. The Commission's investigators are peace officers and have all the powers possessed by police officers in cities and by sheriffs. State Commission investigators may exercise these powers throughout the State whenever enforcing the provisions of this Act, subject to the rules and orders of the State Commission. No State Commission investigator may have peace officer status or may exercise police powers unless: (1) he or she successfully completes the basic police training course mandated and approved by the Illinois Law Enforcement Training Standards Board; or (2) the Illinois Law Enforcement Training Standards Board waives the training requirement by reason of the investigator's prior law enforcement experience, training, or both.
The Executive Director must authorize to each investigator of the State Commission and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face: (1) clearly states that the badge is authorized by the State Commission; and (2) contains a unique identifying number. No other badge shall be authorized by the State Commission. Nothing in this Section prohibits the Executive Director from issuing shields or other distinctive identification to employees performing security or regulatory duties who are not peace officers if the Executive Director determines that a shield or distinctive identification is needed by the employee to carry out his or her responsibilities.
(Source: P.A. 101-37, eff. 7-3-19.)
(235 ILCS 5/3-4.1)
Sec. 3-4.1. Obtaining evidence. The State Commission has the power to expend sums that the Executive Director deems necessary for the purchase of evidence and for the employment of persons to obtain evidence. The sums shall be advanced to employees authorized by the Executive Director to expend funds, on vouchers signed by the Executive Director.
In addition, the Executive Director is authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used solely for the purchase of evidence and for the employment of persons to obtain evidence. No check may be written on nor any withdrawal made from such an account except on the written signature of 2 persons designated by the Executive Director to write those checks and make those withdrawals. The balance of moneys on deposit in any such account shall not exceed $25,000 at any time, nor shall any one check written on or single withdrawal made from any such account exceed $25,000.
(Source: P.A. 102-1115, eff. 1-9-23.)
(235 ILCS 5/3-5) (from Ch. 43, par. 101)
Sec. 3-5.
Each commissioner, the secretary, the Executive Director, and each person
appointed by the
commission shall, before entering upon the duties of his or her office, take and
subscribe to the constitutional oath of office. The secretary, the Executive Director, and each
inspector, clerk, and other employee shall devote his or her entire time to the
duties of his or her office.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-6) (from Ch. 43, par. 102)
Sec. 3-6.
No person shall be appointed a commissioner, secretary, Executive Director, or
inspector for the commission who is not a citizen of the United States. No commissioner,
secretary, Executive Director, inspector, or other employee shall be appointed who has been
convicted of any violation of any Federal or State law concerning the
manufacture or sale of alcoholic liquor prior or subsequent to the passage
of this Act or who has paid a fine or penalty in settlement of any
prosecution against him or her for any violation of such laws or shall have
forfeited his or her bond to appear in court to answer charges for any such
violation, nor shall any person be appointed who has been convicted of a
felony. No commissioner, Executive Director, inspector, or other employee, may, directly or
indirectly, individually or as a member of a partnership, or as a
shareholder of a corporation, have any interest whatsoever in the
manufacture, sale or distribution of alcoholic liquor, nor receive any
compensation or profit therefrom, nor have any interest whatsoever in the
purchases or sales made by the persons authorized by this Act, or to
purchase or to sell alcoholic liquor. No provision of this section shall
prevent any such commissioner, secretary, Executive Director, inspector, or other employee from
purchasing and keeping in his or her possession for the use of himself or herself or members
of his or her family or guests any alcoholic liquor which may be purchased or kept
by any person by virtue of this Act.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-7) (from Ch. 43, par. 103)
Sec. 3-7.
No commissioner, secretary, Executive Director, or person appointed or employed by the
commission, shall solicit or accept any gift, gratuity, emolument or
employment from any person subject to the provisions of this Act, or from
any officer, agent or employee thereof, nor solicit, request from or
recommend, directly or indirectly, to any such person or to any officer,
agent or employee thereof, the appointment of any person to any place or
position, and every such person, and every officer, agent or employee
thereof, is hereby forbidden to offer to any commissioner, secretary, Executive Director, or to
any person appointed or employed by the commission, any gift, gratuity,
emolument or employment. If any commissioner, secretary, Executive Director, or any person
appointed or employed by the commission shall violate any of the
provisions of this Section, he or she shall be removed from the office or
employment held by him or her. Every person violating the provisions of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-8) (from Ch. 43, par. 104)
Sec. 3-8.
Before entering upon the duties of his office, each commissioner
shall give a bond, with surety to be approved by the Governor, in the sum
of five thousand dollars ($5,000) for the faithful performance of his
duties as such commissioner. Before entering upon the duties of his office
the secretary shall give a bond, with surety to be approved by the
Governor, in the sum of five thousand dollars ($5,000) for the faithful
performance of his duties as secretary.
(Source: P.A. 82-783.)
(235 ILCS 5/3-9) (from Ch. 43, par. 105)
Sec. 3-9.
Compensation of commissioners, secretary, and employees.
The chairman of the Commission shall receive an annual salary of $32,000
or such greater amount as may be set by the Compensation Review Board.
The other commissioners shall receive an annual salary of $28,000 or such
greater amount as may be set by the Compensation Review Board.
The secretary of the Commission shall
receive an annual salary as set by the Compensation Review Board.
All clerks, inspectors, and employees of the Commission shall receive
reasonable compensation in an amount fixed by the Commission, subject to the
approval in writing of the Governor.
(Source: P.A. 91-798, eff. 7-9-00.)
(235 ILCS 5/3-10) (from Ch. 43, par. 106)
Sec. 3-10.
The commissioners, the secretary, the Executive Director, and all clerks,
inspectors, and
other employees shall be reimbursed for all actual and necessary traveling
and other expenses and disbursements incurred or made by them in the
discharge of their official duties. The commission may also incur necessary
expenses for office furniture and other incidental expenses.
(Source: P.A. 100-1050, eff. 7-1-19.)
(235 ILCS 5/3-11) (from Ch. 43, par. 107)
Sec. 3-11.
Principal office; meetings; seal; proceedings.
The
principal
office of the Commission shall be
in Chicago, but the
Commission may, with the approval of the Governor, establish and maintain
branch offices at other places. The
Commission
shall hold regular meetings at least once a month at its office, and may
hold such special meetings as it may deem necessary at any time and at any
place within the State. The Commission may, for authentication of its
records, process and proceedings, adopt, keep and use a common seal, of
which seal judicial notice shall be taken in all of the courts of the
State, and any process, notice or other paper which the Commission may be
authorized by law to issue, shall be deemed sufficient if signed by the
secretary of said Commission and authenticated by such seal; and all acts,
orders, proceedings, rules, regulations, entries, minutes, and other
records of said Commission, and all reports and documents filed with said
Commission may be proved in any court of this State by copy thereof
certified to by the secretary of said Commission with the seal of said
Commission attached.
(Source: P.A. 89-250, eff. 1-1-96.)
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State Commission shall have the following powers, functions, and
duties:
(b) On or before April 30, 1999, the Commission shall present a written
report to the Governor and the General Assembly that shall be based on a study
of the impact of Public Act 90-739 on the business of soliciting,
selling, and shipping
alcoholic liquor from outside of this State directly to residents of this
State.
As part of its report, the Commission shall provide the following
information:
(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(235 ILCS 5/3-13) (from Ch. 43, par. 108a)
Sec. 3-13.
The provisions of "The Illinois Administrative Procedure Act",
as now or hereafter amended, are hereby expressly adopted and incorporated
herein as though a part of this Act, and shall apply to all administrative
rules and procedures of the State commission under this Act.
(Source: P.A. 82-783.)
(235 ILCS 5/3-14) (from Ch. 43, par. 109)
Sec. 3-14. Issuance of license by Commission. Nothing contained in this
Act shall, however, be construed to
permit the State Commission to issue any license, other than
manufacturer's, foreign importer's, importing distributor's, non-resident
dealer's, and
distributor's, broker's and non-beverage user's license for any premises in any
prohibited territory, or to issue any license other than manufacturer's,
foreign importer's, importing distributor's, non-resident dealer's,
distributor's,
railroad's,
airplane's, boat's, or broker's license, auction liquor license, or
non-beverage
user's license, unless the
person applying for such license shall have obtained a local license for
the same premises. For purposes of this Section and only in regards to a hotel, the local license issued for the same premises may include multiple local licenses issued to a hotel operator for various portions of the hotel building, structure, or adjacent property owned and managed by the hotel operator in which alcoholic liquors may be stored, offered for sale, and sold; however, all of those portions of the hotel building, structure, or adjacent property shall be considered the hotel premises for purposes of the issuance of a retailer's license by the State Commission. When such person has obtained a local license and has
made application to the State Commission in conformity with this Act and
paid the license fee provided, it shall be the duty of the State Commission
to issue a retailer's license to him; provided, however, that the State
Commission may refuse the issuance or renewal of a retailer's license, upon
notice and after hearing, upon the grounds authorized in Section 6-3
of this Act, and, provided further, that the issuance of such
license shall not prejudice the State Commission's action in subsequently
suspending or revoking such license if it is determined by the State
Commission, upon notice and after hearing, that the licensee has, within
the same or the preceding license period, violated any provision of this
Act or any rule or regulation issued pursuant thereto and in effect for 30
days prior to such violation.
The Commission may also refuse to renew a license if the licensee has failed
to pay an offer in compromise, pre-disciplinary settlement, or a fine imposed
by order.
(Source: P.A. 99-46, eff. 7-15-15.)
(235 ILCS 5/3-20)
Sec. 3-20. State Commission; separation from the Department of Revenue.
(a) Executive Order No. 2003-9 is hereby superseded by this amendatory Act of the 100th General Assembly to the extent that Executive Order No. 2003-9 transferred clerks, management and staff support, employees, and other resources from the State Commission to the Department of Revenue.
(b) To the extent that Executive Order No. 2003-9 transferred personnel and the Executive Director to the Department of Revenue from the State Commission, those personnel and the Executive Director shall be transferred to the State Commission. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The status and rights of the
employees and the State of Illinois and its agencies under the
Personnel Code, the Illinois Public Labor Relations Act, and
applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 100th General Assembly. To the extent that an employee performs duties for the State Commission and the Department of Revenue itself or any other division or agency within the Department of Revenue, that employee shall be transferred at the Governor's discretion.
(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly from the Department of Revenue to the State Commission, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the State Commission.
(d) All unexpended appropriations and balances and other funds available for use by the Department of Revenue to operate the State Commission shall be transferred for use by the State Commission. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.
(e) The powers, duties, rights, and responsibilities transferred from the Department of Revenue by this amendatory Act of the 100th General Assembly shall be vested in and shall be exercised by the State Commission.
(f) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Revenue in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly, the same shall be made, given, furnished, or served in the same manner to or upon the State Commission.
(g) Any rules of the Department of Revenue that relate to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 that are in full force on the effective date of this amendatory Act of the 100th General Assembly shall become the rules of the State Commission. This amendatory Act of the 100th General Assembly does not affect the legality of any such rules in the Illinois Administrative Code.
Any proposed rules filed with the Secretary of State by the Department of Revenue that are pending in the rulemaking process on the effective date of this amendatory Act of the 100th General Assembly and pertain to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 shall be deemed to have been filed by the State Commission. As soon as practicable hereafter, the State Commission shall revise and clarify the rules transferred to it under this amendatory Act of the 100th General Assembly to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act of the 100th General Assembly, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained.
(Source: P.A. 100-1050, eff. 7-1-19.)