State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB2690ham001

                                             LRB9009840LDpkam
 1                    AMENDMENT TO HOUSE BILL 2690
 2        AMENDMENT NO.     .  Amend House Bill 2690  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  Liquor  Control  Act of 1934 by
 5    changing Section 7-1."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section 5.  The Liquor Control Act of 1934 is amended by
 9    changing Section 7-1 as follows:
10        (235 ILCS 5/7-1) (from Ch. 43, par. 145)
11        Sec.  7-1.   An  applicant  for a retail license from the
12    State Commission shall submit  to  the  State  Commission  an
13    application in writing under oath stating:
14             (1)  The applicant's name and mailing address;
15             (2)  The   name   and  address  of  the  applicant's
16        business;
17             (3)  If applicable, the date of the  filing  of  the
18        "assumed name" of the business with the County Clerk;
19             (4)  In  case  of  a  copartnership, the date of the
20        formation of the partnership; in the case of an  Illinois
21        corporation,  the  date  of  its incorporation; or in the
                            -2-              LRB9009840LDpkam
 1        case of a foreign corporation, the  State  where  it  was
 2        incorporated and the date of its becoming qualified under
 3        the Business Corporation Act of 1983 to transact business
 4        in the State of Illinois;
 5             (5)  The  number,  the date of issuance and the date
 6        of expiration of the  applicant's  current  local  retail
 7        liquor license;
 8             (6)  The  name  of the city, village, or county that
 9        issued the local retail liquor license;
10             (7)  The name and address of  the  landlord  if  the
11        premises are leased;
12             (8)  The date of the applicant's first request for a
13        State  liquor  license and whether it was granted, denied
14        or withdrawn;
15             (9)  The address of the  applicant  when  the  first
16        application for a State liquor license was made;
17             (10)  The  applicant's  current State liquor license
18        number;
19             (11)  The date the applicant began liquor  sales  at
20        his place of business;
21             (12)  The address of the applicant's warehouse if he
22        warehouses liquor;
23             (13)  The   applicant's  Retailer's  Occupation  Tax
24        (ROT) Registration Number;
25             (14)  (Blank);  The  applicant's  document   locater
26        number on his Federal Special Tax Stamp;
27             (15)  Whether  the  applicant  is  delinquent in the
28        payment of the Retailer's Occupational Tax  (Sales  Tax),
29        and if so, the reasons therefor;
30             (16)  Whether  the applicant is delinquent under the
31        cash beer law, and if so, the reasons therefor;
32             (17)  In the case  of  a  retailer,  whether  he  is
33        delinquent  under  the  30 day credit law, and if so, the
34        reasons therefor;
                            -3-              LRB9009840LDpkam
 1             (18)  In the case of a distributor,  whether  he  is
 2        delinquent  under  the  15 day credit law, and if so, the
 3        reasons therefor;
 4             (19)  Whether the applicant has made an  application
 5        for  a  liquor  license which has been denied, and if so,
 6        the reasons therefor;
 7             (20)  Whether  the  applicant  has  ever   had   any
 8        previous  liquor license suspended or revoked, and if so,
 9        the reasons therefor;
10             (21)  Whether the applicant has ever been  convicted
11        of   a  gambling  offense  or  felony,  and  if  so,  the
12        particulars thereof;
13             (22)  Whether  the  applicant  possesses  a  current
14        Federal Wagering Stamp, and if so, the reasons therefor;
15             (23)  Whether the applicant, or  any  other  person,
16        directly  in  his place of business is a public official,
17        and if so, the particulars thereof;
18             (24)  The applicant's  name,  sex,  date  of  birth,
19        social   security  number,  position  and  percentage  of
20        ownership in the business; and the  name,  sex,  date  of
21        birth, social security number, position and percentage of
22        ownership  in  the business of every sole owner, partner,
23        corporate officer, director, manager and any  person  who
24        owns  5%  or more of the shares of the applicant business
25        entity or parent corporations of the  applicant  business
26        entity.
27             (25)  That  he has not received or borrowed money or
28        anything else of value, and that he will not  receive  or
29        borrow  money  or  anything  else  of  value  (other than
30        merchandising credit in the ordinary course  of  business
31        for  a  period  not to exceed 90 days as herein expressly
32        permitted  under  Section  6-5   hereof),   directly   or
33        indirectly,  from any manufacturer, importing distributor
34        or distributor or from any  representative  of  any  such
                            -4-              LRB9009840LDpkam
 1        manufacturer,  importing  distributor or distributor, nor
 2        be a party in any way, directly  or  indirectly,  to  any
 3        violation  by  a  manufacturer,  distributor or importing
 4        distributor of Section 6-6 of this Act.
 5        In addition to any other requirement of this Section,  an
 6    applicant  for  a  special  use  permit license and a special
 7    event retailer's license shall also submit proof of  adequate
 8    dram  shop  insurance  for  the  special event prior to being
 9    issued a license.
10        In  addition   to   the   foregoing   information,   such
11    application  shall contain such other and further information
12    as the State Commission and the local commission may, by rule
13    or regulation not inconsistent with law, prescribe.
14        If the applicant reports a felony conviction as  required
15    under  paragraph (21) of this Section, such conviction may be
16    considered by the Commission  in  determining  qualifications
17    for licensing, but shall not operate as a bar to licensing.
18        If  said  application is made in behalf of a partnership,
19    firm, association, club or corporation, then the  same  shall
20    be  signed by one member of such partnership or the president
21    or secretary of such corporation or an  authorized  agent  of
22    said partnership or corporation.
23        All  other  applications  shall be on forms prescribed by
24    the State Commission, and which may exclude any of the  above
25    requirements   which   the   State  Commission  rules  to  be
26    inapplicable.
27    (Source: P.A. 88-91; 89-250, eff. 1-1-96.)".

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