Full Text of SB0945 94th General Assembly
SB0945enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-2 as follows:
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| (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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| Sec. 6-2. Issuance of licenses to certain persons | 8 |
| prohibited.
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| (a) Except as otherwise provided in subsection (b) of this | 10 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 11 |
| no license
of any kind issued by the State Commission or any | 12 |
| local
commission shall be issued to:
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| (1) A person who is not a resident of any city, village | 14 |
| or county in
which the premises covered by the license are | 15 |
| located; except in case of
railroad or boat licenses.
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| (2) A person who is not of good character and | 17 |
| reputation in the
community in which he resides.
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| (3) A person who is not a citizen of the United States.
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| (4) A person who has been convicted of a felony under | 20 |
| any Federal or
State law, unless the Commission determines | 21 |
| that such
person has been sufficiently rehabilitated to | 22 |
| warrant the public trust
after considering matters set | 23 |
| forth in such person's application and the
Commission's | 24 |
| investigation. The burden of proof of sufficient
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| rehabilitation shall be on the applicant.
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| (5) A person who has been convicted of being the keeper | 27 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 29 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 31 |
| been revoked for
cause.
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| (8) A person who at the time of application for renewal |
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| of any license
issued hereunder would not be eligible for | 2 |
| such license upon a first
application.
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| (9) A copartnership, if any general partnership | 4 |
| thereof, or any
limited partnership thereof, owning more | 5 |
| than 5% of the aggregate limited
partner interest in such | 6 |
| copartnership would not be eligible to receive a
license | 7 |
| hereunder for any reason other than residence within the | 8 |
| political
subdivision, unless residency is required by | 9 |
| local ordinance.
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| (10) A corporation, if any officer, manager or director | 11 |
| thereof, or
any stockholder or stockholders owning in the | 12 |
| aggregate more than 5% of the
stock of such corporation, | 13 |
| would not be eligible to receive a license
hereunder for | 14 |
| any reason other than citizenship and residence within the
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| political subdivision.
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| (10a) A corporation unless it is incorporated in | 17 |
| Illinois, or unless it
is a foreign corporation which is | 18 |
| qualified under the Business
Corporation Act of 1983 to | 19 |
| transact business in Illinois.
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| (11) A person whose place of business is conducted by a | 21 |
| manager or agent
unless the manager or agent possesses the | 22 |
| same qualifications required by
the licensee.
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| (12) A person who has been convicted of a violation of | 24 |
| any Federal or
State law concerning the manufacture, | 25 |
| possession or sale of alcoholic
liquor, subsequent to the | 26 |
| passage of this Act or has forfeited his bond to
appear in | 27 |
| court to answer charges for any such violation.
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| (13) A person who does not beneficially own the | 29 |
| premises for which a
license is sought, or does not have a | 30 |
| lease thereon for the full period for
which the license is | 31 |
| to be issued.
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| (14) Any law enforcing public official, including | 33 |
| members
of local liquor control commissions,
any mayor, | 34 |
| alderman, or member of the
city council or commission, any | 35 |
| president of the village board of trustees,
any member of a | 36 |
| village board of trustees, or any president or member of a
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| county board; and no such official shall have a direct | 2 |
| interest
be interested directly in the
manufacture, sale, | 3 |
| or distribution of alcoholic liquor, except that a
license
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| may be granted to such official in relation to premises | 5 |
| that are
not
located within the territory subject to the | 6 |
| jurisdiction of that official
if the issuance of such | 7 |
| license is approved by the State Liquor Control
Commission
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| and except that a license may be granted, in a city or | 9 |
| village with a
population of 50,000 or less, to any | 10 |
| alderman, member of a city council, or
member of a village | 11 |
| board of trustees in relation to premises that are located
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| within the territory
subject to the jurisdiction of that | 13 |
| official if (i) the sale of alcoholic
liquor pursuant to | 14 |
| the license is incidental to the selling of food, (ii) the
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| issuance of the license is approved by the State | 16 |
| Commission, (iii) the
issuance of the license is in | 17 |
| accordance with all applicable local ordinances
in effect | 18 |
| where the premises are located, and (iv) the official | 19 |
| granted a
license does not vote on alcoholic liquor issues | 20 |
| pending before the board or
council to which the license | 21 |
| holder is elected. Notwithstanding any provision of this | 22 |
| paragraph (14) to the contrary, an alderman or member of a | 23 |
| city council or commission, a member of a village board of | 24 |
| trustees other than the president of the village board of | 25 |
| trustees, or a member of a county board other than the | 26 |
| president of a county board may have a direct interest in | 27 |
| the manufacture, sale, or distribution of alcoholic liquor | 28 |
| as long as he or she is not a law enforcing public | 29 |
| official, a mayor, a village board president, or president | 30 |
| of a county board. To prevent any conflict of interest, the | 31 |
| elected official with the direct interest in the | 32 |
| manufacture, sale, or distribution of alcoholic liquor | 33 |
| cannot participate in any meetings, hearings, or decisions | 34 |
| on matters impacting the manufacture, sale, or | 35 |
| distribution of alcoholic liquor.
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| (15) A person who is not a beneficial owner of the |
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| business to be
operated by the licensee.
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| (16) A person who has been convicted of a gambling | 3 |
| offense as
proscribed by any of subsections (a) (3) through | 4 |
| (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 5 |
| 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 6 |
| proscribed by a
statute
replaced by any of the aforesaid | 7 |
| statutory provisions.
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| (17) A person or entity to whom a federal wagering | 9 |
| stamp has been
issued by the
federal government, unless the | 10 |
| person or entity is eligible to be issued a
license under | 11 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 12 |
| Act.
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| (18) A person who intends to sell alcoholic liquors for | 14 |
| use or
consumption on his or her licensed retail premises | 15 |
| who does not have liquor
liability insurance coverage for | 16 |
| that premises in an amount that is at least
equal to the | 17 |
| maximum liability amounts set out in subsection (a) of | 18 |
| Section
6-21.
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| (b) A criminal conviction of a corporation is not grounds | 20 |
| for the
denial, suspension, or revocation of a license applied | 21 |
| for or held by the
corporation if the criminal conviction was | 22 |
| not the result of a violation of any
federal or State law | 23 |
| concerning the manufacture, possession or sale of
alcoholic | 24 |
| liquor, the offense that led to the conviction did not result | 25 |
| in any
financial gain to the corporation and the corporation | 26 |
| has terminated its
relationship with each director, officer, | 27 |
| employee, or controlling shareholder
whose actions directly | 28 |
| contributed to the conviction of the corporation. The
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| Commission shall determine if all provisions of this subsection | 30 |
| (b) have been
met before any action on the corporation's | 31 |
| license is initiated.
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| (Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04; | 33 |
| 93-1057, eff. 12-2-04.)
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| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
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