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1 | AN ACT in relation to alcoholic liquor.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||
5 | changing Section
6-2 as follows:
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6 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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7 | Sec. 6-2. Issuance of licenses to certain persons | |||||||||||||||||||
8 | prohibited.
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9 | (a) Except as otherwise provided in subsection (b), no | |||||||||||||||||||
10 | license
of any kind issued by the State Commission or any local
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11 | commission shall be issued to:
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12 | (1) A person who is not a resident of any city, village | |||||||||||||||||||
13 | or county in
which the premises covered by the license are | |||||||||||||||||||
14 | located; except in case of
railroad or boat licenses.
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15 | (2) A person who is not of good character and | |||||||||||||||||||
16 | reputation in the
community in which he resides.
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17 | (3) A person who is not a citizen of the United States.
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18 | (4) A person who has been convicted of a felony under | |||||||||||||||||||
19 | any Federal or
State law, unless the Commission determines | |||||||||||||||||||
20 | that such
person has been sufficiently rehabilitated to | |||||||||||||||||||
21 | warrant the public trust
after considering matters set | |||||||||||||||||||
22 | forth in such person's application and the
Commission's | |||||||||||||||||||
23 | investigation. The burden of proof of sufficient
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24 | rehabilitation shall be on the applicant.
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25 | (5) A person who has been convicted of being the keeper | |||||||||||||||||||
26 | or is keeping a
house of ill fame.
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27 | (6) A person who has been convicted of pandering or | |||||||||||||||||||
28 | other crime or
misdemeanor opposed to decency and morality.
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29 | (7) A person whose license issued under this Act has | |||||||||||||||||||
30 | been revoked for
cause.
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31 | (8) A person who at the time of application for renewal | |||||||||||||||||||
32 | of any license
issued hereunder would not be eligible for |
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1 | such license upon a first
application.
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2 | (9) A copartnership, if any general partnership | ||||||
3 | thereof, or any
limited partnership thereof, owning more | ||||||
4 | than 5% of the aggregate limited
partner interest in such | ||||||
5 | copartnership would not be eligible to receive a
license | ||||||
6 | hereunder for any reason other than residence within the | ||||||
7 | political
subdivision, unless residency is required by | ||||||
8 | local ordinance.
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9 | (10) A corporation, if any officer, manager or director | ||||||
10 | thereof, or
any stockholder or stockholders owning in the | ||||||
11 | aggregate more than 5% of the
stock of such corporation, | ||||||
12 | would not be eligible to receive a license
hereunder for | ||||||
13 | any reason other than citizenship and residence within the
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14 | political subdivision.
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15 | (10a) A corporation unless it is incorporated in | ||||||
16 | Illinois, or unless it
is a foreign corporation which is | ||||||
17 | qualified under the Business
Corporation Act of 1983 to | ||||||
18 | transact business in Illinois.
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19 | (11) A person whose place of business is conducted by a | ||||||
20 | manager or agent
unless the manager or agent possesses the | ||||||
21 | same qualifications required by
the licensee.
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22 | (12) A person who has been convicted of a violation of | ||||||
23 | any Federal or
State law concerning the manufacture, | ||||||
24 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
25 | passage of this Act or has forfeited his bond to
appear in | ||||||
26 | court to answer charges for any such violation.
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27 | (13) A person who does not beneficially own the | ||||||
28 | premises for which a
license is sought, or does not have a | ||||||
29 | lease thereon for the full period for
which the license is | ||||||
30 | to be issued.
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31 | (14) Any law enforcing public official, including | ||||||
32 | members
of local liquor control commissions,
any mayor, | ||||||
33 | alderman, or member of the
city council or commission, any | ||||||
34 | president of the village board of trustees,
any member of a | ||||||
35 | village board of trustees, or any president or member of a
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36 | county board; and no such official shall have a direct |
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1 | interest
be interested directly in the
retail
manufacture, | ||||||
2 | sale , or distribution of alcoholic liquor, except that a
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3 | license
may be granted to such official in relation to | ||||||
4 | premises that are
not
located within the territory subject | ||||||
5 | to the jurisdiction of that official
if the issuance of | ||||||
6 | such license is approved by the State Liquor Control
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7 | Commission
and except that a license may be granted, in a | ||||||
8 | city or village with a
population of 50,000 or less, to any | ||||||
9 | alderman, member of a city council, or
member of a village | ||||||
10 | board of trustees in relation to premises that are located
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11 | within the territory
subject to the jurisdiction of that | ||||||
12 | official if (i) the sale of alcoholic
liquor pursuant to | ||||||
13 | the license is incidental to the selling of food, (ii) the
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14 | issuance of the license is approved by the State | ||||||
15 | Commission, (iii) the
issuance of the license is in | ||||||
16 | accordance with all applicable local ordinances
in effect | ||||||
17 | where the premises are located, and (iv) the official | ||||||
18 | granted a
license does not vote on alcoholic liquor issues | ||||||
19 | pending before the board or
council to which the license | ||||||
20 | holder is elected. Notwithstanding any provision of this | ||||||
21 | paragraph (14) to the contrary, an
alderman or
member of a | ||||||
22 | city council or commission, a member of a village board of
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23 | trustees, other
than the president of the village board of | ||||||
24 | trustees, or a member of a county
board, other
than the | ||||||
25 | president of a county board, may have a direct interest in | ||||||
26 | the
manufacture or
distribution of alcoholic liquor, | ||||||
27 | provided (1) that he or she is not a law
enforcing public
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28 | official or a mayor and (2)
that the
alderman, city council | ||||||
29 | or commission member, village board of trustees member, or | ||||||
30 | county board member does not participate in any meeting, | ||||||
31 | hearing, or decision on matters in which he or she has a | ||||||
32 | direct interest.
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33 | (15) A person who is not a beneficial owner of the | ||||||
34 | business to be
operated by the licensee.
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35 | (16) A person who has been convicted of a gambling | ||||||
36 | offense as
proscribed by any of subsections (a) (3) through |
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1 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
2 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
3 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
4 | statutory provisions.
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5 | (17) A person or entity to whom a federal wagering | ||||||
6 | stamp has been
issued by the
federal government, unless the | ||||||
7 | person or entity is eligible to be issued a
license under | ||||||
8 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
9 | Act.
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10 | (18) A person who intends to sell alcoholic liquors for | ||||||
11 | use or
consumption on his or her licensed retail premises | ||||||
12 | who does not have liquor
liability insurance coverage for | ||||||
13 | that premises in an amount that is at least
equal to the | ||||||
14 | maximum liability amounts set out in subsection (a) of | ||||||
15 | Section
6-21.
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16 | (b) A criminal conviction of a corporation is not grounds | ||||||
17 | for the
denial, suspension, or revocation of a license applied | ||||||
18 | for or held by the
corporation if the criminal conviction was | ||||||
19 | not the result of a violation of any
federal or State law | ||||||
20 | concerning the manufacture, possession or sale of
alcoholic | ||||||
21 | liquor, the offense that led to the conviction did not result | ||||||
22 | in any
financial gain to the corporation and the corporation | ||||||
23 | has terminated its
relationship with each director, officer, | ||||||
24 | employee, or controlling shareholder
whose actions directly | ||||||
25 | contributed to the conviction of the corporation. The
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26 | Commission shall determine if all provisions of this subsection | ||||||
27 | (b) have been
met before any action on the corporation's | ||||||
28 | license is initiated.
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29 | (Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04.)
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
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