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THOMAS G. DEVORE, ATTORNEY AT LAW

 ILLINOIS DEPARTMENT OF PUBLIC HEALTH
PANDEMIC PREPAREDNESS AND RESPONSE PLAN

• The Illinois Pandemic Preparedness and Response Plan was developed through a
collaborative process involving offices and divisions within the Illinois Department
of Public Health (IDPH) and state of Illinois partner agencies that have a response
role during a pandemic.
• The Illinois Pandemic Preparedness and Response Plan provides a set of
preparedness activities and response functions to be carried out by IDPH and,
where appropriate, provide local health departments, health care provider systems
and first responder organizations with preparedness and response expectations.
• Influenza strains that cause annual outbreaks are effectively transmitted between
people and can be transmitted by people who are infected but appear well. Efforts
to prevent their introduction into the United States or decrease transmission in the
community are likely to have limited effectiveness.
Outbreaks by Type since July 01, 2020
 Region 1 Data as of September 30
30-Sep Population Tested Postive Deaths
Boone 53,606 15,538 1,153 23
Carroll 14,562 4,125 238 6
Dekalb 104,143 32,160 1,622 39
Jo Daviees 21,834 5,424 275 2
Lee 34,527 7,609 394 1
Ogle 51,328 14,863 748 6
Stephenson 45,433 12,502 548 6
Whiteside 56,396 14,593 784 21
Winnebago 284,081 95,656 6,300 151
665,910 202,470 12,062 255

Population Tested 30.41%

Population Positive 1.81%
Positivity Rate 5.96%
Mortality Rate (Infected) 2.11%
Mortality Rate (Population) 0.04%
Positivity Rate (B&R) 0.50%
Mortality Rate (Infected) (B&R) 0.18%
Mortality Rate (Population) (B&R) 0.003%
 Region 1 Data September 24-30

9/24-9/30 Population Tested Postive Deaths

Boone 53,606 1,040 71 -
Carroll 14,562 544 20 2
Dekalb 104,143 2,099 96 1
Jo Daviees 21,834 294 22 -
Lee 34,527 484 41 -
Ogle 51,328 1,059 86 -
Stephenson 45,433 931 50 -
Whiteside 56,396 799 71 1
Winnebago 284,081 7,300 666 2
665,910 14,550 1,123 6

Positivity Rate 7.72%

Mortality Rate (Infected) 0.53%
Mortality Rate (Population) 0.001%
Positivity Rate (B&R) 0.65%
Mortality Rate (Infected) (B&R) 0.04%
Mortality Rate (Population) (B&R) 0.00008%
 WHY BARS AND RESTAURANTS
• IDPH proclaims that the nature of eating, drinking, shouting, yelling
and close contact in bars is a higher risk setting.
• IDPH proclaims they can’t control homes or churches so they have to
look other places to control and bars and restaurants are such places.
• Other “facts and science”
Community and Close Contact Exposures with COVID-19 Among Symptomatic Adults
over 18 Years in 11 Outpatient Health Care Facilities - United States, July 2020
(314 Participants in Sample)

• Case-control investigation of symptomatic outpatients from 11 U.S. health care facilities

found that close contact with persons with known COVID-19 or going to locations that
offer on-site eating and drinking options were associated with COVID-19 positivity.
• •Adults with positive SARS-CoV-2 test results were approximately twice as likely to have
reported dining at a restaurant than were those with negative SARS-CoV-2 test results.
• •No significant differences were observed in the bivariate analysis between case-
patients and control-participants in shopping; gatherings with ≤10 persons in a home;
going to an office setting; going to a salon; gatherings with >10 persons in a home; going
to a gym; using public transportation; going to a bar/coffee shop; or attending
church/religious gathering. 
• https://www.cdc.gov/mmwr/volumes/69/wr/mm6936a5.htm?s_cid=mm6936a5_w
 Illinois Department of Public Heath Act
20 ILCS 2305(a)
• (a) The State Department of Public Health has general supervision of
the interests of the health and lives of the people of the State. It has
supreme authority in matters of quarantine and isolation, and may
declare and enforce quarantine and isolation when none exists, and
may modify or relax quarantine and isolation when it has been
established. The Department may adopt, promulgate, repeal and
amend rules and regulations and make such sanitary investigations
and inspections as it may from time to time deem necessary for the
preservation and improvement of the public health
 Illinois Department of Public Heath Act
20 ILCS 2305(b)

• Subject to the provisions of subsection (c), the Department

may order a person or group of persons to be quarantined
or isolated or may order a place to be closed and made off
limits to the public to prevent the probable spread of a
dangerously contagious or infectious disease
 Illinois Department of Public Heath Act
20 ILCS 2305(c)

• Except as provided in this Section, no person or a group of persons

may be ordered to be quarantined or isolated and no place may be
ordered to be closed and made off limits to the public except with the
consent of the person or owner of the place or upon the prior order
of a court of competent jurisdiction
 Illinois Department of Public Heath Act
20 ILCS 2305(c)
• The Department may, however, order a person or a group of persons
to be quarantined or isolated or may order a place to be closed and
made off limits to the public on an immediate basis without prior
consent or court order if, in the reasonable judgment of the
Department, immediate action is required to protect the public from
a dangerously contagious or infectious disease
 Illinois Department of Public Heath Act
20 ILCS 2305(c)
• In the event of an immediate order issued without prior consent or
court order, the Department shall, as soon as practical, within 48
hours after issuing the order, obtain the consent of the person or
owner or file a petition requesting a court order authorizing the
isolation or quarantine or closure. 
 Illinois Department of Public Heath Act
20 ILCS 2305(c)
• To obtain a court order, the Department, by clear and convincing
evidence, must prove that the public's health and welfare are
significantly endangered by a person or group of persons that has,
that is suspected of having, that has been exposed to, or that is
reasonably believed to have been exposed to a dangerously
contagious or infectious disease including non-compliant tuberculosis
patients or by a place where there is a significant amount of activity
likely to spread a dangerously contagious or infectious disease. 
 Illinois Department of Public Heath Act
20 ILCS 2305(c)

• The Department must also prove that all other reasonable means of
correcting the problem have been exhausted and no less restrictive
alternative exists
 Illinois Department of Public Heath Act
20 ILCS 2305(c)
• Persons who are ordered to be isolated or quarantined or who are
owners of places that are ordered to be closed and made off limits to
the public, shall be given a written notice of such order. The written
notice shall additionally include the following: (1) notice of the right
to counsel; (2) notice that if the person or owner is indigent, the court
will appoint counsel for that person or owner; (3) notice of the reason
for the order for isolation, quarantine, or closure; (4) notice of
whether the order is an immediate order, and if so, the time frame for
the Department to seek consent or to file a petition requesting a
court order as set out in this subsection; and (5) notice of the
anticipated duration of the isolation, quarantine, or closure. 
ORDER OF CLOSURE
 Pritzker Press Conference on Rule 690.50
August 07, 2020
• “It’s in that same vein that the Illinois Department of Public Health is
today submitting new emergency rules to assist law enforcement,
local boards of health, health authorities, state’s attorneys and the
general public in enforcing the use of face coverings and social
gathering restrictions.”
 Pritzker Press Conference on Rule 690.50
August 07, 2020
• “The first step in the proposed rule is educating businesses on
compliance.” The next step is a warning, and the last step after these
repeated attempts to urge compliance is a fine. Otherwise many local
officials are only left with the stringent and severe enforcement
mechanisms available statewide today. The existing enforcement
options prior to this proposed rule go immediately to license
revocation in the blink of an eye. 
 Pritzker Press Conference on Rule 690.50
August 11, 2020
• These rules will ensure that there is a commonsense way to enforce
public health guidelines with an emphasis on education first so that
Illinois can continue to make substantial progress in our fight against
COVID-19,” Pritzker said in a statement.
 AN INTRODUCTION TO THE CONTROL OF COMMUNICABLE DISEASE CODE, 77 ILLINOIS
THE ILLINOIS ADMINISRATIVE 690.50
DEPARTMENT OF
The State Department of Public Health has general supervision of the interests of the health and
PUBLIC
lives of the people of the State. As part of that general supervision, the Department has
HEALTH’S
jurisdiction to address dangerously contagious or infectious disease outbreaks to protect the
health and lives of the people of the State. The Department shall take means it considers
EMERGENCY
necessary to restrict and suppress dangerously contagious or infectious diseases, especially
ENFORCEMENT
when existing in epidemic form. (Section 2(a) of the Act).

RULE FOR
COVID-19
77 ILLINOIS ADMINISRATIVE 690.50(c)
• In order to restrict and suppress the novel coronavirus SARS-CoV-2
that causes the coronavirus disease 2019 (COVID-19), a dangerously
contagious and infectious respiratory disease in the form of a
pandemic or epidemic, which is spread person to person in
respiratory droplets released by a person infected with the disease,
the Department implements the following restrictions and
requirements:
77 ILLINOIS ADMINISRATIVE 690.50(c)
(2)
• Any business, service, facility or organization open to the public or
employees shall require employees, customers, and other individuals
on the premises who are over age two and able to medically tolerate
a face covering to cover their nose and mouth with a face covering
when on premises and unable to maintain at least a six-foot social
distance.
77 ILLINOIS ADMINISRATIVE 690.50(c)
(2)
• Businesses, services, facilities or organizations that offer food or
beverages for in-person consumption may permit employees,
customers, and other individuals to remove their face coverings while
eating or drinking, but must require face coverings at all other times.
77 ILLINOIS ADMINISRATIVE 690.50(c)
(2)
• Businesses, services, facilities or organizations that take reasonable
efforts to require patrons and employees to wear a face covering shall
be in compliance with this subsection.
• For retail businesses, reasonable efforts to comply with regard to
customers shall be determined based on the totality of the
circumstances and include, but are not limited to: posting signage
requiring face coverings to be worn on the premises; providing face
coverings to customers; giving verbal warnings to customers to wear a
face covering when on the premises; and requesting that customers
leave the premises if not wearing a face covering.
77 ILLINOIS ADMINISRATIVE 690.50(c)
(4)
• Gatherings of more than 50 people (or gatherings of 50% or more of a
building’s maximum occupancy as determined by the authority having
jurisdiction
 77 ILLINOIS ADMINISRATIVE
690.50(d)
• Pursuant to 20 ILCS 2305/2(a), all local boards of health, health
authorities and officers, police officers, sheriffs, and all other officers
and employees of the State or any locality, including the Department
and certified local health departments under 20 ILCS 2310/15,
(“enforcing entities”), shall enforce the rules and regulations so
adopted and orders issued by the Department. Enforcing entities shall
enforce this rule as follows:
77 ILLINOIS ADMINISRATIVE
690.50(d)(1)
• Enforcement against a business, service, facility or organization open
to the public. Businesses, services, facilities or organizations shall be
responsible for compliance with this rule. No individual shall be held
responsible for compliance with this rule on behalf of a business,
service, facility or organization even if the individual is an owner,
officer, principal or employee of that business, service, facility or
organization. This rule shall be enforced for businesses, services,
facilities or organizations open to the public by enforcing entities in
the following manner:
77 ILLINOIS ADMINISRATIVE
690.50(d)(1)(A)
• First, businesses, services, facilities or organizations open to the public
shall be given a written notice of non-compliance by an enforcing
entity and a reasonable opportunity to take prompt actions to comply
with subsection (c). The reasonableness of the time period to take
prompt action will be determined by the enforcing entity depending
on the facts and circumstances.
77 ILLINOIS ADMINISRATIVE
690.50(d)(1)(B)
• Second, if the enforcing entity concludes that the business, service,
facility, or organization open to the public has not voluntarily
complied in a reasonable period of time after receiving a written
notice pursuant to subsection (d)(1)(A), the enforcing entity may issue
a written order to the business, service, facility or organization open
to the public to have all or some of the persons on premises disperse
(order to disperse) in order to restrict and suppress COVID-19, until
such time as the business or establishment is in compliance with
subsection (c).
NOTICE OF NON-COMPLIANCE
77 ILLINOIS ADMINISRATIVE
690.50(d)(1)(C)
• Third, if the business, service, facility or organization open to the
public refuses to comply with a written order to disperse pursuant to
subsection (d)(1)(B), that business, service, facility or organization
open to the public shall be subject to the penalties set forth in Section
8.1 of the Act. As provided in subsection (d)(2) below, no individual
may be subject to the penalties set forth in Section 8.1 of the Act for
violation of this rule, including an individual owner, officer, principal
or employee of a business, service, facility or organization.
77 ILLINOIS ADMINISRATIVE
690.50(d)(2)
• Enforcement against an individual. Enforcing entities shall not enforce
this rule against an individual for non-compliance with subsection (c),
including but not limited to the penalties set forth in Section 8.1 of
the Act. No individual shall be held responsible for compliance with
this rule on behalf of a business, service, facility or organization even
if the individual is an owner, officer, principal or employee of that
business, service, facility or organization.
 20 ILCS 2305 (8.1)
• Sec. 8.1. Whoever violates or refuses to obey any rule or regulation of the
Department of Public Health shall be deemed guilty of a Class A
misdemeanor. The Director of Public Health shall institute prosecutions
and proceedings for violation of the rules and regulations adopted by the
Department of Public Health, provided that he may designate a local
board of health or local health officer to institute prosecutions or
proceedings for violation of those rules and regulations adopted by the
Department. Each State's Attorney shall prosecute all persons in his county
violating or refusing to obey the rules and regulations of the Department
of Public Health. All fines or judgments collected or received shall be paid
to the County Treasurer of the county in which prosecution is conducted. 
 Illinois Liquor Control Act
235 ILCS 5/1-2
State Liquor Commission

• This Act shall be liberally construed, to the end that the health, safety,
and welfare of the People of the State of Illinois shall be protected
and temperance in the consumption of alcoholic liquors shall be
fostered and promoted by sound and careful control and regulation of
the manufacture, sale, and distribution of alcoholic liquors. The State
Commission may not enforce any trade practice policy or other rule
that was not adopted in accordance with the Illinois Administrative
Procedure Act. 
 Illinois Liquor Control Act
235 ILCS 5/3-12
State Liquor Commission

• To adopt such rules and regulations consistent with the provisions of

this Act which shall be necessary to carry on its functions and duties
to the end that the health, safety and welfare of the People of the
State of Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and promoted and
to distribute copies of such rules and regulations to all licensees
affected thereby.
 Illinois Liquor Control Act
235 ILCS 5/3-12
State Liquor Commission

• ………and to suspend or revoke such licenses upon the State

Commission's determination, upon notice after hearing, that a
licensee has violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to such
violation.
 Illinois Liquor Control Act
235 ILCS 5/3-12
State Liquor Commission

• Any notice issued by the State Commission to a licensee for a

violation of this Act or any notice with respect to settlement or offer
in compromise shall include the field report, photographs, and any
other supporting documentation necessary to reasonably inform the
licensee of the nature and extent of the violation or the conduct
alleged to have occurred. The failure to include such required
documentation shall result in the dismissal of the action.
 Illinois Liquor Control Act
235 ILCS 5/7-5
Local Liquor Commission

• The local liquor control commissioner may revoke or suspend any

license issued by him if he determines that the licensee has violated
any of the provisions of this Act or of any valid ordinance or resolution
enacted by the particular city council, president, or board of trustees
or county board (as the case may be) or any applicable rule or
regulations established by the local liquor control commissioner or
the State commission which is not inconsistent with law.
 Illinois Liquor Control Act
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.
• All such hearings shall be open to the public and the local liquor
control commissioner shall reduce all evidence to writing and shall
maintain an official record of the proceedings. 
 Illinois Liquor Control Act
235 ILCS 5/7-5
• If the local liquor control commissioner has reason to believe that any
continued operation of a particular licensed premises will immediately
threaten the welfare of the community he may, upon the issuance of a written
order stating the reason for such conclusion and without notice or hearing
order the licensed premises closed for not more than 7 days, giving the
licensee an opportunity to be heard during that period.
• The local liquor control commissioner shall within 5 days after such hearing, if
he determines after such hearing that the license should be revoked or
suspended or that the licensee should be fined, state the reason or reasons for
such determination in a written order, and either the amount of the fine, the
period of suspension, or that the license has been revoked, and shall serve a
copy of such order within the 5 days upon the licensee.
 Illinois Liquor Control Act
235 ILCS 5/7-9
• Except as provided in this Section, any order or action of a local liquor
control commissioner levying a fine or refusing to levy a fine on a
licensee, granting or refusing to grant a license, revoking or
suspending or refusing to revoke or suspend a license or refusing for
more than 30 days to grant a hearing upon a complaint to revoke or
suspend a license may, within 20 days after notice of such order or
action, be appealed by any resident of the political subdivision under
the jurisdiction of the local liquor control commissioner or any person
interested, to the State Commission. 
 Illinois Liquor Control Act
235 ILCS 5/7-9
• In any case where a licensee appeals to the State Commission from an
order or action of the local liquor control commission having the
effect of suspending or revoking a license, denying a renewal
application, or refusing to grant a license, the licensee shall resume
the operation of the licensed business pending the decision of the
State Commission and the expiration of the time allowed for an
application for rehearing. If an application for rehearing is filed, the
licensee shall continue the operation of the licensed business until the
denial of the application or, if the rehearing is granted, until the
decision on rehearing. 
 Illinois Liquor Control Act
235 ILCS 5/7-9
• The only evidence which may be considered in the review, shall be the
evidence found in the certified official record of the proceedings of
the local liquor control commissioner. No new or additional evidence
shall be admitted or considered. The State Commission shall render a
decision affirming, reversing or modifying the order or action
reviewed within 30 days after the appeal was heard. 
 Illinois Liquor Control Act
235 ILCS 5/7-11
• Judicial review. All final administrative decisions of the State
Commission under this Act shall be subject to judicial review pursuant
to the provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Judicial review may be requested by any
party in interest, including but not limited to the local liquor control
commissioner. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. 
 City of Rockford Liquor Ordinance
Chapter 3 - ALCOHOLIC LIQUOR AND TOBACCO
• Sec. 3-9. - Compliance with health and food laws, ordinances; revocation of
license.
• (a) All premises used for the retail sale of alcoholic liquor, or for the storage of
such liquor for such sale, shall be kept in full compliance with the provisions of
this Code regulating the conditions of premises used for the storage or sale of
food for human consumption.
• (b) The health department may at any time recommend a revocation of any
license issued under this chapter for the retail sale of alcoholic liquors for
noncompliance with any health ordinance, and the mayor may revoke such
license by notice in writing whenever it shall appear to the mayor's satisfaction
from the recommendation of the commissioner of health or otherwise that the
licensee has violated any provisions of any health law of the state or the city.
 City of Rockford Liquor Ordinance
Sec. 3-66. - Revocation or suspension; penalties.
• (a) Any license granted pursuant to this chapter may be revoked or suspended
for cause by the mayor, by notice in writing served either by registered mail,
personal service, or posting notice on the premises. A majority of the city
council may, by resolution, require the mayor to convene a hearing regarding
charges of ordinance or statutory violations by any liquor licensee.
• (b)Violation of any provision of this chapter, indebtedness to the city for other
license or service fees, taxes, or fines required by any ordinance, violation of
criminal laws of the state or misstatement or withholding on material
information in an application for a license shall be deemed cause for revocation
of the license. For the purposes of this section, every licensee shall be deemed
responsible for the unlawful acts of his agents or employees whether or not
such licensee knowingly permits or has actual knowledge of such unlawful acts.
 City of Rockford Liquor Ordinance
Sec. 3-66. - Revocation or suspension; penalties.
• (c) Written notice of a hearing on suspension or revocation of a license shall be personally
served on the licensee or sent by certified mail, postage prepaid, to the licensee at least
three days before the date of hearing specifying the time and place of the hearing on the
suspension or revocation of the license, and each licensee shall have the opportunity to
appear and defend himself before his license is suspended; provided, further, that the
mayor may, without hearing, suspend a license for cause for a period of seven days.
• (d)Appeals from an order or action of the local commission may be taken to the state
commission as provided by law. It shall be the duty of the attorney representing the city
to attend all trials before the state commission involving appeals from the local
commission. The local commission shall have the power to make all necessary rules and
regulations governing hearings and shall cause to be provided forms for applications,
bonds, complaints and such other proceedings as may properly come before the local
commission.
 CITY OF ROCKTON LIQUOR
ORDINANCE
• § 112.48 REVOCATION.
• The President may suspend under statute or revoke any liquor license
for the violation of any provision of this chapter or for the violation of
any state law pertaining to the sale of alcoholic liquor upon
immediate notice and hearing, and such suspension or revocation
shall be in addition to any fine assessed by any court for such
violation.
(Ord. 1997-7, passed 8-4-97)
 City of Roscoe Liquor Ordinance
114.68  REVOCATION OR SUSPENSION GENERALLY.

•  The Liquor Control Commission may:

•       (1)   Revoke any retail liquor dealer license for the violation of any
provisions of any ordinance, or for the violation of any state law or
any law pertaining to the sale of alcoholic liquor upon sufficient proof
of the violation; or
•       (2)   Suspend for not more than 30 days any license granted under
this chapter for the violation of any provision of any ordinance or for
any violation of any statute of the state or any law pertaining to the
sale of alcoholic liquor.
 City of Roscoe Liquor Ordinance
114.68  REVOCATION OR SUSPENSION GENERALLY.
• Provided, however, that no retail liquor dealer’s license shall be revoked or
suspended under division (A) of this section except after a public hearing by and
before the Commission.  Written notice of the hearing on the revocation or
suspension of a license shall be sent by registered mail, postage prepaid, to the
licensee at the address shown on his or her application at least 3 days before the
date of the hearing, specifying the time and place of the hearing on the revocation
or suspension of the license.  Each licensee shall have an opportunity to appear
and defend himself or herself before his or her license is revoked or suspended,
and regardless of whether the hearing was convened for the purpose of revoking
or suspending the license, after the hearing has been held and evidence taken, the
Commission may enact either penalty as, in its discretion, it sees fit and the
President, as Liquor Control Commissioner, shall enforce the Commission’s
determination.
 City of Roscoe Liquor Ordinance
114.68  REVOCATION OR SUSPENSION GENERALLY.
• A violation of any provision of this chapter, indebtedness to the city
for other license fees required by any ordinance, violation of criminal
laws of the state, or misstatement or withholding of material
information in an application for a license shall be deemed cause for
revocation of the license. For the purposes of this section, every
licensee shall be deemed responsible for the unlawful acts of his or
her agents or employees, whether or not the licensee knowingly
permits or has actual knowledge of the unlawful acts.
 Illinois Video Gaming Act
20 ILCS 40 et seq.
• Any license issued under the Liquor Control Act of 1934 to any owner
or operator of a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed veterans
establishment that operates or permits the operation of a video
gaming terminal within its establishment in violation of this Act shall
be immediately revoked. 
 ILLINOIS ADMINISTRATIVE CODE
Section 1800.210  General Duties of All Video Gaming Licensees

• In addition to all other duties and obligations required by the Video

Gaming Act and this Part, each video gaming licensee and applicant
for licensure under the Act has an ongoing duty to comply with the
following:
• a)         Comply with all federal, State and local laws and regulations;
• d)         Conduct the licensee's video gaming operation in a manner
that does not pose a threat to the public health, safety, morals, good
order or general welfare of the people of the State of Illinois;
 ILLINOIS ADMINISTRATIVE CODE
Section 1800.715  Notice of Proposed Disciplinary Action Against Licensees

• a)         When notified of facts sufficient to support disciplinary action against a licensee or a
person with significant influence or control, the Administrator shall immediately notify the Board
and the licensee of the proposed disciplinary action.  The notice shall advise the licensee of the
following: 
• 1)         A statement of the facts supporting the proposed disciplinary action; 
• 2)         A description of the rule or statutory section the licensee has violated; 
• 3)         A statement or description of the matters asserted and the consequences of the failure to
respond;
• 4)         The name and mailing address of the Illinois Gaming Board.
• b)         The Administrator shall serve the notice of proposed disciplinary action on the licensee
by personal service or U.S. certified mail or U.S. regular mail to the last known address of the
licensee.  Service is complete four days after mailing.