Public Act 094-0289
 		





HB1285 Enrolled
LRB094 09029 LJB 39250 b






    AN ACT concerning liquor.

 
    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 6-2 as follows:
 



    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)


    Sec. 6-2. Issuance of licenses to certain persons 
prohibited. 

    (a) Except as otherwise provided in subsection (b) of this 
Section and in paragraph (1) of subsection (a) of Section 3-12, 
no license
of any kind issued by the State Commission or any 
local
commission shall be issued to:


        (1) A person who is not a resident of any city, village 
    or county in
which the premises covered by the license are 
    located; except in case of
railroad or boat licenses.


        (2) A person who is not of good character and 
    reputation in the
community in which he resides.


        (3) A person who is not a citizen of the United States.


        (4) A person who has been convicted of a felony under 
    any Federal or
State law, unless the Commission determines 
    that such
person has been sufficiently rehabilitated to 
    warrant the public trust
after considering matters set 
    forth in such person's application and the
Commission's 
    investigation.  The burden of proof of sufficient

    rehabilitation shall be on the applicant.


        (5) A person who has been convicted of being the keeper 
    or is keeping a
house of ill fame.


        (6) A person who has been convicted of pandering or 
    other crime or
misdemeanor opposed to decency and morality.


        (7) A person whose license issued under this Act has 
    been revoked for
cause.


        (8) A person who at the time of application for renewal 
    of any license
issued hereunder would not be eligible for 
    such license upon a first
application.


        (9) A copartnership, if any general partnership 
    thereof, or any
limited partnership thereof, owning more 
    than 5% of the aggregate limited
partner interest in such 
    copartnership would not be eligible to receive a
license 
    hereunder for any reason other than residence within the 
    political
subdivision, unless residency is required by 
    local ordinance.


        (10) A corporation, if any officer, manager or director 
    thereof, or
any stockholder or stockholders owning in the 
    aggregate more than 5% of the
stock of such corporation, 
    would not be eligible to receive a license
hereunder for 
    any reason other than citizenship and residence within the

    political subdivision.


        (10a) A corporation unless it is incorporated in 
    Illinois, or unless it
is a foreign corporation which is 
    qualified under the Business
Corporation Act of 1983 to 
    transact business in Illinois.


        (11) A person whose place of business is conducted by a 
    manager or agent
unless the manager or agent possesses the 
    same qualifications required by
the licensee.


        (12) A person who has been convicted of a violation of 
    any Federal or
State law concerning the manufacture, 
    possession or sale of alcoholic
liquor, subsequent to the 
    passage of this Act or has forfeited his bond to
appear in 
    court to answer charges for any such violation.


        (13) A person who does not beneficially own the 
    premises for which a
license is sought, or does not have a 
    lease thereon for the full period for
which the license is 
    to be issued.


        (14) Any law enforcing public official, including 
    members
of local liquor control commissions,
any mayor, 
    alderman, or member of the
city council or commission, any 
    president of the village board of trustees,
any member of a 
    village board of trustees, or any president or member of a

    county board; and no such official shall have a direct 
    interest
be interested directly in the
manufacture, sale, 
    or distribution of alcoholic liquor, except that a
license

    may be granted to such official in relation to premises 
    that are
not
located within the territory subject to the 
    jurisdiction of that official
if the issuance of such 
    license is approved by the State Liquor Control
Commission

    and except that a license may be granted, in a city or 
    village with a
population of 50,000 or less, to any 
    alderman, member of a city council, or
member of a village 
    board of trustees in relation to premises that are located

    within the territory
subject to the jurisdiction of that 
    official if (i) the sale of alcoholic
liquor pursuant to 
    the license is incidental to the selling of food, (ii) the

    issuance of the license is approved by the State 
    Commission, (iii) the
issuance of the license is in 
    accordance with all applicable local ordinances
in effect 
    where the premises are located, and (iv) the official 
    granted a
license does not vote on alcoholic liquor issues 
    pending before the board or
council to which the license 
    holder is elected. Notwithstanding any provision of this 
    paragraph (14) to the contrary, an alderman or member of a 
    city council or commission, a member of a village board of 
    trustees other than the president of the village board of 
    trustees, or a member of a county board other than the 
    president of a county board may have a direct interest in 
    the manufacture, sale, or distribution of alcoholic liquor 
    as long as he or she is not a law enforcing public 
    official, a mayor, a village board president, or president 
    of a county board. To prevent any conflict of interest, the 
    elected official with the direct interest in the 
    manufacture, sale, or distribution of alcoholic liquor 
    cannot participate in any meetings, hearings, or decisions 
    on matters impacting the manufacture, sale, or 
    distribution of alcoholic liquor.



        (15) A person who is not a beneficial owner of the 
    business to be
operated by the licensee.


        (16) A person who has been convicted of a gambling 
    offense as
proscribed by any of subsections (a) (3) through 
    (a)
(11) of
Section 28-1 of, or as
proscribed by Section 
    28-1.1 or 28-3 of, the Criminal Code of
1961, or as 
    proscribed by a
statute
replaced by any of the aforesaid 
    statutory provisions.


        (17) A person or entity to whom a federal wagering 
    stamp has been
issued by the
federal government, unless the 
    person or entity is eligible to be issued a
license under 
    the Raffles Act or the Illinois Pull Tabs and Jar Games 
    Act.


        (18) A person who intends to sell alcoholic liquors for 
    use or
consumption on his or her licensed retail premises 
    who does not have liquor
liability insurance coverage for 
    that premises in an amount that is at least
equal to the 
    maximum liability amounts set out in subsection (a) of 
    Section
6-21.

    (b) A criminal conviction of a corporation is not grounds 
for the
denial, suspension, or revocation of a license applied 
for or held by the
corporation if the criminal conviction was 
not the result of a violation of any
federal or State law 
concerning the manufacture, possession or sale of
alcoholic 
liquor, the offense that led to the conviction did not result 
in any
financial gain to the corporation and the corporation 
has terminated its
relationship with each director, officer, 
employee, or controlling shareholder
whose actions directly 
contributed to the conviction of the corporation. The

Commission shall determine if all provisions of this subsection 
(b) have been
met before any action on the corporation's 
license is initiated.

(Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04; 
93-1057, eff. 12-2-04.)