Bill Text: IL HB3646 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that any owner of an establishment that serves alcohol on its premises who maintains a retail liquor license as provided in the Act and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer, (deletes if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol) who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000. Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm on or into any building, real property, and parking area under the control of an establishment that maintains a retail liquor license as provided in the Liquor Control Act of 1934 and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer (rather than serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol).

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3646 Detail]

Download: Illinois-2013-HB3646-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3646 Introduced , by Rep. Ann Williams SYNOPSIS AS INTRODUCED:
235 ILCS 5/10-1 from Ch. 43, par. 183
430 ILCS 66/65
Amends the Liquor Control Act of 1934. Provides that any owner of an establishment that serves alcohol on its premises who maintains a retail liquor license as provided in the Act and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer, (deletes if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol) who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000. Amends the Firearm Concealed Carry Act. Provides that a licensee under the Act shall not knowingly carry a firearm on or into any building, real property, and parking area under the control of an establishment that maintains a retail liquor license as provided in the Liquor Control Act of 1934 and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer (rather than serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol).
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 10-1 as follows:
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial
threat to the sound and careful control, regulation, and
taxation of the manufacture, sale, and distribution of
alcoholic liquors exists by virtue of individuals who
manufacture, import, distribute, or sell alcoholic liquors
within the State without having first obtained a valid license
to do so, and whereas such threat is especially serious along
the borders of this State, and whereas such threat requires
immediate correction by this Act, by active investigation and
prosecution by law enforcement officials and prosecutors, and
by prompt and strict enforcement through the courts of this
State to punish violators and to deter such conduct in the
future:
(a) Any person who manufactures, imports for distribution
or use, or distributes or sells alcoholic liquor at any place
within the State without having first obtained a valid license
to do so under the provisions of this Act shall be guilty of a

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business offense and fined not more than $1,000 for the first
such offense and shall be guilty of a Class 4 felony for each
subsequent offense.
(b) (1) Any retailer, licensed in this State, who knowingly
causes to furnish, give, sell, or otherwise being within the
State, any alcoholic liquor destined to be used, distributed,
consumed or sold in another state, unless such alcoholic liquor
was received in this State by a duly licensed distributor, or
importing distributors shall have his license suspended for 7
days for the first offense and for the second offense, shall
have his license revoked by the Commission.
(2) In the event the Commission receives a certified copy
of a final order from a foreign jurisdiction that an Illinois
retail licensee has been found to have violated that foreign
jurisdiction's laws, rules, or regulations concerning the
importation of alcoholic liquor into that foreign
jurisdiction, the violation may be grounds for the Commission
to revoke, suspend, or refuse to issue or renew a license, to
impose a fine, or to take any additional action provided by
this Act with respect to the Illinois retail license or
licensee. Any such action on the part of the Commission shall
be in accordance with this Act and implementing rules.
For the purposes of paragraph (2): (i) "foreign
jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico, and (ii) "final order" means an order or judgment

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of a court or administrative body that determines the rights of
the parties respecting the subject matter of the proceeding,
that remains in full force and effect, and from which no appeal
can be taken.
(c) Any person who shall make any false statement or
otherwise violates any of the provisions of this Act in
obtaining any license hereunder, or who having obtained a
license hereunder shall violate any of the provisions of this
Act with respect to the manufacture, possession, distribution
or sale of alcoholic liquor, or with respect to the maintenance
of the licensed premises, or shall violate any other provision
of this Act, shall for a first offense be guilty of a petty
offense and fined not more than $500, and for a second or
subsequent offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on
its premises who maintains a retail liquor license as provided
in subsection (d) of Section 5-1 of this Act and allows for the
sale and consumption of alcoholic beverages on its premises as
an on premise consumption retailer , if more than 50% of the
establishment's gross receipts within the prior 3 months is
from the sale of alcohol, who knowingly fails to prohibit
concealed firearms on its premises or who knowingly makes a
false statement or record to avoid the prohibition of concealed
firearms on its premises under the Firearm Concealed Carry Act
shall be guilty of a business offense with a fine up to $5,000.
(d) Each day any person engages in business as a

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manufacturer, foreign importer, importing distributor,
distributor or retailer in violation of the provisions of this
Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the
purpose of buying, accepting or receiving alcoholic liquor from
a licensee, represents that he is 21 years of age or over shall
be guilty of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any
person licensed as a wine-maker in either class who
manufactures more wine than authorized by his license shall be
guilty of a business offense and shall be fined $1 for each
gallon so manufactured.
(g) A person shall be exempt from prosecution for a
violation of this Act if he is a peace officer in the
enforcement of the criminal laws and such activity is approved
in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of State Police under Section 2605-10,
2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
Department of State Police Law (20 ILCS 2605/2605-10,

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2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2605/2605-110, 2605/2605-115, 2605/2605-120,
2605/2605-130, 2605/2605-140, 2605/2605-190,
2605/2605-200, 2605/2605-205, 2605/2605-210,
2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300, 2605/2605-305, 2605/2605-315,
2605/2605-325, 2605/2605-335, 2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360,
2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, 2605/2605-405, 2605/2605-420,
2605/2605-430, 2605/2605-435, 2605/2605-500,
2605/2605-525, or 2605/2605-550); or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Section 65 as follows:
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:
(1) Any building, real property, and parking area under
the control of a public or private elementary or secondary
school.

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(2) Any building, real property, and parking area under
the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying a
concealed firearm onto the real property, bikeway, or trail
in a park regulated by the Department of Natural Resources
or any other designated public hunting area or building
where firearm possession is permitted as established by the
Department of Natural Resources under Section 1.8 of the
Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of
the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.

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(6) Any building, real property, and parking area under
the control of an adult or juvenile detention or
correctional institution, prison, or jail.
(7) Any building, real property, and parking area under
the control of a public or private hospital or hospital
affiliate, mental health facility, or nursing home.
(8) Any bus, train, or form of transportation paid for
in whole or in part with public funds, and any building,
real property, and parking area under the control of a
public transportation facility paid for in whole or in part
with public funds.
(9) Any building, real property, and parking area under
the control of an establishment that maintains a retail
liquor license as provided in subsection (d) of Section 5-1
of the Liquor Control Act of 1934 and allows for the sale
and consumption of alcoholic beverages on its premises as
an on premise consumption retailer. serves alcohol on its
premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of
alcohol. The owner of an establishment who knowingly fails
to prohibit concealed firearms on its premises as provided
in this paragraph or who knowingly makes a false statement
or record to avoid the prohibition on concealed firearms
under this paragraph is subject to the penalty under
subsection (c-5) of Section 10-1 of the Liquor Control Act
of 1934.

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(10) Any public gathering or special event conducted on
property open to the public that requires the issuance of a
permit from the unit of local government, provided this
prohibition shall not apply to a licensee who must walk
through a public gathering in order to access his or her
residence, place of business, or vehicle.
(11) Any building or real property that has been issued
a Special Event Retailer's license as defined in Section
1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit a
licensee from carrying a concealed firearm while on a trail
or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized

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university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.
(16) Any building, real property, or parking area under
the control of a gaming facility licensed under the
Riverboat Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area under
the control of a public library.
(19) Any building, real property, or parking area under
the control of an airport.
(20) Any building, real property, or parking area under
the control of an amusement park.
(21) Any building, real property, or parking area under
the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere

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in or on the street, driveway, parking area, property,
building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.
(a-5) Nothing in this Act shall prohibit a public or
private community college, college, or university from:
(1) prohibiting persons from carrying a firearm within
a vehicle owned, leased, or controlled by the college or
university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and
discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which
must include designated areas where persons can park
vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for the
purpose of instruction and curriculum of officially
recognized programs, including but not limited to military
science and law enforcement training programs, or in any
designated area used for hunting purposes or target
shooting.
(a-10) The owner of private real property of any type may
prohibit the carrying of concealed firearms on the property
under his or her control. The owner must post a sign in
accordance with subsection (d) of this Section indicating that

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firearms are prohibited on the property, unless the property is
a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection
(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle's
trunk, provided the licensee ensures the concealed firearm is
unloaded prior to exiting the vehicle. For purposes of this
subsection, "case" includes a glove compartment or console that
completely encloses the concealed firearm or ammunition, the
trunk of the vehicle, or a firearm carrying box, shipping box,
or other container.
(c) A licensee shall not be in violation of this Section
while he or she is traveling along a public right of way that
touches or crosses any of the premises under subsection (a),
(a-5), or (a-10) of this Section if the concealed firearm is
carried on his or her person in accordance with the provisions

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of this Act or is being transported in a vehicle by the
licensee in accordance with all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is
prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified in
this Section as a prohibited area, unless the building or
premises is a private residence. Signs shall be of a uniform
design as established by the Department and shall be 4 inches
by 6 inches in size. The Department shall adopt rules for
standardized signs to be used under this subsection.
(Source: P.A. 98-63, eff. 7-9-13.)