2023 Illinois Compiled Statutes › Chapter 235 - LIQUOR › 235 ILCS 5/ - Liquor Control Act of 1934. › Article X - Violations, Penalties, Searches And Seizures

(235 ILCS 5/Art. X heading)
ARTICLE X.  
		VIOLATIONS, PENALTIES, SEARCHES AND SEIZURES
(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 the State Commission, 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, transports from outside this State into this State, or distributes or sells 108 liters (28.53 gallons)  or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) or more of beer 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 Class 4 felony for each offense. However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a 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.
Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer 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 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. This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code.
Any person who: (1) has been issued an initial cease and desist notice from the State Commission; and (2) for compensation, does any of the following: (i) ships alcoholic liquor into this State without a license authorized by Section 5-1 issued by the State Commission or in violation of that license; or (ii) manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells alcoholic liquors at any place without having first obtained a valid license to do so is guilty of a Class 4 felony for each offense.
(b) (1) Any retailer, caterer retailer, brew pub, special event retailer, special use permit holder, homebrewer special event permit holder, or craft distiller tasting permit holder who knowingly causes alcoholic liquors to be imported directly into the State of Illinois from outside of the State for the purpose of furnishing, giving, or selling to another, except when having received the product from a duly licensed distributor or importing distributor, shall have his license suspended for 30 days for
the first offense and for the second offense, shall have his license
revoked by the Commission.
(2) In the event the State 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 State 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 State 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 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, 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 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 the Illinois State Police under     Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois State Police Law; or
(3) In cities over 1,000,000, the Superintendent of     Police.
(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
(235 ILCS 5/10-2) (from Ch. 43, par. 184)
Sec. 10-2. 
		
		If the owner of the licensed premises or any person
from whom the
licensee derives the right to possession of such premises, or the agent of
such owner or person, shall knowingly permit the licensee to use said
licensed premises in violation of the terms of this Act, said owner, agent
or other person shall be deemed guilty of a violation of this Act to the
same extent as said licensee and be subject to the same punishment.
(Source: P.A. 82-783.)
(235 ILCS 5/10-3) (from Ch. 43, par. 185)
Sec. 10-3. 
		
		Every Act or omission of whatsoever nature constituting a violation
of any of the provisions of this Act, by any officer, director, manager or
other agent or employee of any licensee, shall be deemed and held to be the
act of such employer or licensee, and said employer or licensee shall be
punishable in the same manner as if said act or omission had been done or
omitted by him personally.
(Source: P.A. 82-783.)
(235 ILCS 5/10-4) (from Ch. 43, par. 186)
Sec. 10-4. 
		
		Whenever any licensee shall be convicted of any
violation of this
Act, the licenses of said licensee may, in the discretion of the State
commission or of the local commissioner, (whichever has jurisdiction) be
revoked and forfeited and all fees paid thereon shall be forfeited, and the
bond given by said licensee to secure such licensee's faithful compliance
with the terms of this Act shall be forfeited, and it shall thereafter be
unlawful and shall constitute a further violation of this Act for said
licensee to continue to operate under said license.
(Source: P.A. 82-783.)
(235 ILCS 5/10-5) (from Ch. 43, par. 187)
Sec. 10-5. 
Whenever any officer, director, manager, or other employee in a
position of authority of any licensee under this Act shall be convicted of
any violation of this Act while engaged in the course of his employment or
while upon the premises described by said license, said license shall be
revoked and the fees paid thereon forfeited both as to the holder of said
license and as to said premises, and said bond given by said licensee to
secure the faithful compliance with the terms of this Act shall be
forfeited in like manner as if said licensee had himself been convicted.
(Source: P.A. 103-154, eff. 6-30-23.)
(235 ILCS 5/10-6) (from Ch. 43, par. 188)
Sec. 10-6. 
		
		Any person who shall knowingly possess, sell, ship,
transport or in
any wise dispose of any alcoholic liquor under any other than the proper
name or brand known to the trade as designating the kind and quality of the
contents of the package or other containers of said alcoholic liquor, or
who shall cause any such Act to be done, shall forfeit to the State said
alcoholic liquor and said packages and containers and shall be subject to
the punishment and penalties provided for violation of this Act.
(Source: P.A. 82-783.)
(235 ILCS 5/10-7) (from Ch. 43, par. 189)
Sec. 10-7. 
		
		Every lot, parcel or tract of land, and every building,
structure,
tent, railroad car, boat, wagon, vehicle, establishment or place
whatsoever, together with all furniture, fixtures, ornaments and machinery
located thereon, wherein there shall be conducted any unlawful manufacture,
distribution or sale of any alcoholic liquor, or whereon or wherein there
shall be kept, stored, concealed or allowed any alcoholic liquor intended
for illegal sale or to be sold, disposed of or in any other manner used in
violation of any of the provisions of this Act is hereby declared to be a
public nuisance and shall be abated as provided by the laws of this State
for the abatement of public nuisances.
(Source: P.A. 82-783.)
(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
Sec. 10-7.1. 
The State Commission, upon receipt of a complaint or upon having
knowledge that any
person is engaged in the business as a manufacturer, importing distributor,
distributor, or retailer without a license or valid license, shall conduct an investigation.  If, after conducting an investigation, the State Commission is satisfied that the alleged conduct occurred or is occurring, it may issue a cease and desist notice as provided in this Act, issue civil penalties as provided in this Act, notify
the Department of Revenue and the local liquor authority, or file a
complaint with the State's Attorney's
Office of the County where the incident occurred or with the Attorney General.
(Source: P.A. 101-37, eff. 7-3-19.)
(235 ILCS 5/10-8) (from Ch. 43, par. 190)
Sec. 10-8. 
		
		Whenever complaint is made in writing, verified by
affidavit, to any judge of the circuit court, that
complainant has just and reasonable grounds to believe and does believe
that alcoholic liquor is manufactured, possessed, kept for sale, used or
transported, in violation of this Act, or any mash, still or other property
designed for the manufacture of alcoholic liquor is possessed in any
premises which are not licensed hereunder, (particularly describing and
designating such property in the complaint), the judge may issue a search
warrant as hereinafter provided; provided, however, no search warrant shall
be necessary for the inspection or search of any premises licensed under
this Act, and provided, further, that no search warrant shall be issued for
the search of premises in use for residence purposes.  The property seized
on any such warrant shall not be taken from the officer seizing the same on
any order of replevin or other like process.
Each complaint shall be substantially in the following form:
State of Illinois,)
) ss.
County of Cook.   )
Complaint for Search Warrant.
The complaint and affidavit of .... (name of complainant), of .... (his
residence), made before .... (name of officer) one of the .... (official title
of officer), in and for the .... (county, city or village, as the case may be),
on (insert date), being first duly sworn,
upon his oath says: That he has just and reasonable grounds to believe, and
does believe that alcoholic liquor is now unlawfully (manufactured, possessed,
used, disposed of or kept for sale, or any mash, still or other property
designed for the illegal manufacture of alcoholic liquor is possessed
therein, as the case may be), to-wit:  At and within a certain .... (here
describe the house, building, premises, boat, vehicle, receptacle or other
place to be searched, with particulars as to the location sufficiently to
identify it, stating the name of the person occupying the same, if known),
in the .... (city, village or town of) ...., in the county and state set out
above; that the following are the reasons for his or her belief, to-wit
.... (here insert the facts upon which such belief is based).  Wherefore
complainant prays that a search warrant may issue according to law.
		...........................
		(Signature of complainant.)
Subscribed and Sworn to before me on (insert date).
		............................
		(Name of officer.)
		............................
		(Official title of officer.)
(Source: P.A. 91-357, eff. 7-29-99.)
(235 ILCS 5/10-9) (from Ch. 43, par. 191)
Sec. 10-9. 
		
		If the judge before whom any such complaint is made is satisfied
that there is reasonable cause for such belief, he shall issue a warrant
directed to any peace officer having jurisdiction, commanding him forthwith
to enter the house, building, premises, boat, vehicle, receptacle or other
place therein described and designated with particularity, and make
diligent and careful search for alcoholic liquor manufactured, possessed or
kept for sale, contrary to this Act, and if any such alcoholic liquor be
there found, to seize the same, together with the vessels containing the
same, and all property, implements, furniture and vehicles kept or used for
the purpose of violating, or with which to violate any of the provisions of
this Act, and bringing the same and any and all persons (if any there be)
in whose possession they are found, before the judge who issued the
warrant, or some other judge having a cognizance of the case.
(Source: P.A. 82-783.)
(235 ILCS 5/10-10) (from Ch. 43, par. 192)
Sec. 10-10. 
		
		Upon the issuance of any such search warrant,
it shall be the duty
of the officers executing the same to forthwith enter the house, building,
premises, boat, vehicle, receptacle or other place therein described,
either in the day time or night time, by force, if necessary, and to remove
therefrom and confiscate any alcoholic liquor manufactured, possessed or
kept for sale, contrary to the terms of this Act, and any machinery,
equipment or material used in connection therewith, and to hold such
property until all prosecution arising out of said search and seizure shall
have ended and determined, and it shall be the duty of the officers
executing such search warrant to arrest any person or persons found using
or in possession or control of such alcoholic liquor, articles or things.
All alcoholic liquor unlawfully manufactured, stored, kept, sold or
otherwise disposed of, and the containers thereof, and all equipment used
or fit for use in the manufacture or production of the same which are found
at or about any still or outfit for the unlawful manufacture of alcoholic
liquor on unlicensed premises are hereby declared contraband, and no right
of property shall be or exist in any person owning, furnishing or
possessing any such property, liquor, material or equipment, but all such
property, articles and things, including alcoholic liquor, shall be sold
upon an order of the court, in the manner hereinbefore provided, and the
proceeds thereof shall be disposed of in the manner herein provided for the
disposition of license fees paid to the State Commission; provided that
nothing shall be construed to prevent any officer whose duty it is to make
arrests from arresting, with or without a warrant, any person or persons
found violating any of the provisions of this Act; provided further, that
any officer executing a search warrant shall forthwith make his return
thereof to the court or officer issuing said search warrant of the manner
and date of his execution thereof, showing what, if anything, was seized
and held by said search, together with the name of the owner or owners, if
known, and shall attach to said return an accurate list or inventory of the
articles and things so seized.
It shall be the duty of the officer who has seized and is holding any of
the property mentioned in this section, to make application to the court on
final determination of any prosecution arising under said search and
seizure, and in which such prosecution shall have been commenced or
prosecuted for an order to sell such property, and the court, if satisfied
that the property so seized and held was, at the time of its seizure, being
kept or used, or was fit for use in the unlawful manufacture or production
of alcoholic liquor, then the court shall make an order that said property
and effects be sold by such officer and shall fix the time, place, manner
and notice of such sale, and the proceeds of such sale shall be paid over
to the State Commission; provided, however, that nothing contained in this
Act shall be considered to authorize the sale of any alcoholic liquor
unlawfully manufactured fit for human consumption which comes into the
possession of any officer by seizure, confiscation or forfeiture under the
provisions of this Act without the payment of all taxes required by the
laws of this State and of the United States; provided, further that all
such unlawfully manufactured alcoholic liquor which is unfit for human
consumption shall be destroyed.
(Source: P.A. 82-783.)