Illinois State House District 107 issued the following announcement on May 13.
Restaurants & Bars: Information You Should Know If Asked to Close
I’m from the Police and I am here to tell you to cease your operations.
Now what?
KNOW YOUR RIGHTS
• Ask the government official to provide you the required legal notice to close your doors.
• Do not accept a verbal request or demand.
• Demand that they put their demands in writing.
• Ask for the actual law they allege you are violating.
If they claim they are enforcing the Governors Executive Order ask them if their agency was established under the Emergency Management Act.
If it was not, they have no enforcement powers. See Emergency Management Agency Act, specifically 20 ILCS 3305/18(b).
If they are enforcing the Liquor Control Act – KNOW THE LAW – Liquor Control Act
From the Liquor Commission – “Since the Governor’s Executive Orders are made pursuant to Emergency Management Agency Act and not the Liquor Control Act, a violation of them is not a violation of the Liquor Control Act or its rules that would allow the Commission to suspend or revoke a license.”
If they threaten to take your Liquor license –
235 ILCS 5/7-5
“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.”
YOU MUST READ the applicable Administrative code: 11 Ill. Admin. Code 100.30.
State Commission has the responsibility and authority to ensure that its license holders abide by all State and Federal laws. 11 Ill. Admin. Code 100.30.
Section 100.30 Violation of Federal Law, State Statute or City, Village or County Ordinance or Regulation – SAYS NOTHING about Executive ORDERS, which are NOT laws!
WHAT STATE LAW IS BEING VIOLATED? Make them provide an actual statute!
235 ILCS 5/10-1 – VIOLATIONS, PENALTIES, SEARCHES AND SEIZURES
Unless you are in violations of the provisions outlined in the law they cannot take your license without due process.
Steps to appeal action by the Liquor Control Commission Section 100.350
Original source can be found here.
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