Public Act 93-0266
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has been revoked for cause.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.
(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.)