Illinois General Assembly - Full Text of Public Act 094-0289
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Public Act 094-0289




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
    (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    been revoked for cause.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
        (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.)

Effective Date: 1/1/2006