License Actions: Revocations, Cancellations, and Suspensions

TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE PART 440 CIGARETTE TAX ACT SECTION 440.215 LICENSE ACTIONS: REVOCATIONS, CANCELLATIONS, AND SUSPENSIONS Section 440.215  License Actions:  Revocations, Cancellations, and Suspensions a) The Department may, after notice and hearing as provided for by the Act revoke, cancel or suspend the license of any distributor, secondary distributor, or retailer  for the violation of any provision of the Act; for noncompliance with this Section; for noncompliance with any Section of this Part 440; or because the licensee is determined to be ineligible for a distributor's license, secondary distributor's license, or retailer's license for any one or more of the reasons provided for in Sections 4, 4c, or 4g of the Act. b) No such license shall be revoked, cancelled, or suspended, except after a hearing by the Department with notice to the distributor, secondary distributor, or retailer, providing a reasonable opportunity to appear and defend. c)         Distributors. 1) The Department may revoke, cancel or suspend the license of any distributor for a violation of Section 30 of the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003 [30 ILCS 167/30]. [35 ILCS 130/6] 2)         Upon notification by the Attorney General, the Department may revoke a distributor's license for failure to submit information as required by Section 25(a) or (d) of the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003.  [30 ILCS 167/30(c-5)] d) Secondary Distributors.  The Department may revoke, cancel, or suspend, the license of any secondary distributor for a violation of Section 15(e) of the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003 [30 ILCS 167/15(e)].  [35 ILCS 130/6] e)         Retailers.  Violations of Minimum-Age Tobacco Laws 1) If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in Section 2(a) of that Act [720 ILCS 675] .  For the purposes of this Section , any violation of Section 2(a) of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location, during a 24-month period, shall be counted as a violation against the retailer. 2) If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend the license of that retailer for violations of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in Section 2(a-5), as follows: A) 3 days for a second violation; B) 7 days for a third violation; and C) 30 days for a fourth or subsequent violation. 3) A training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: A) it must explain that only individuals displaying valid identification demonstrating that they are 21 years of age or older shall be eligible to purchase cigarettes or tobacco products; and B) it must explain where in the establishment, at the time of purchase, a clerk can check identification for a date of birth. 4) The training may be conducted electronically.  Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training.  The form shall be kept in the employee's file and may be used to provide proof of training. [35 ILCS 130/6] f) Any distributor, secondary distributor, or retailer aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing.  Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor, secondary distributor, or retailer requesting the hearing stating the time and place fixed for the hearing and containing a statement of the charges preferred against the distributor, secondary distributor , or retailer.  The Department shall hold the hearing in conformity with the provisions of the Act and then issue its final administrative decision in the matter to the distributor, secondary distributor, or retailer. g) In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. h) No license so revoked shall be reissued to any such distributor, secondary distributor, or retailer within a period of 6 months after the date of the final determination of the revocation. [35 ILCS 130/6]