093_HB2573

 
                                     LRB093 07595 LRD 07774 b

 1        AN ACT in relation to alcoholic liquor.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-2 as follows:

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 3        has been revoked for cause.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