Illinois General Assembly - Full Text of Public Act 093-0266


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<Head><Title> Public Act 93-0266 of the 93rd General Assembly</Title></Head>
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<strong>
Public Act 93-0266
</strong>
HB2573 Enrolled                      LRB093 07595 LRD 07774 b

    AN ACT in relation to alcoholic 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),  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    has been revoked for cause.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
    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.
         (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.
         <u>(18)  A person who intends to sell alcoholic liquors</u>
    <u>for use or consumption on  his  or  her  licensed  retail</u>
    <u>premises  who  does  not  have liquor liability insurance</u>
    <u>coverage for that premises in an amount that is at  least</u>
    <u>equal  to  the  maximum  liability  amounts  set  out  in</u>
    <u>subsection (a) of Section 6-21.</u>
    (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.)
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<br><div class="content"><b>Effective Date:  </b>01/01/04</div><p>
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