093_HB2573enr HB2573 Enrolled LRB093 07595 LRD 07774 b 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 6-2 as follows: 6 (235 ILCS 5/6-2) (from Ch. 43, par. 120) 7 Sec. 6-2. Issuance of licenses to certain persons 8 prohibited. 9 (a) Except as otherwise provided in subsection (b), no 10 license of any kind issued by the State Commission or any 11 local commission shall be issued to: 12 (1) A person who is not a resident of any city, 13 village or county in which the premises covered by the 14 license are located; except in case of railroad or boat 15 licenses. 16 (2) A person who is not of good character and 17 reputation in the community in which he resides. 18 (3) A person who is not a citizen of the United 19 States. 20 (4) A person who has been convicted of a felony 21 under any Federal or State law, unless the Commission 22 determines that such person has been sufficiently 23 rehabilitated to warrant the public trust after 24 considering matters set forth in such person's 25 application and the Commission's investigation. The 26 burden of proof of sufficient rehabilitation shall be on 27 the applicant. 28 (5) A person who has been convicted of being the 29 keeper or is keeping a house of ill fame. 30 (6) A person who has been convicted of pandering or 31 other crime or misdemeanor opposed to decency and HB2573 Enrolled -2- LRB093 07595 LRD 07774 b 1 morality. 2 (7) A person whose license issued under this Act 3 has been revoked for cause. 4 (8) A person who at the time of application for 5 renewal of any license issued hereunder would not be 6 eligible for such license upon a first application. 7 (9) A copartnership, if any general partnership 8 thereof, or any limited partnership thereof, owning more 9 than 5% of the aggregate limited partner interest in such 10 copartnership would not be eligible to receive a license 11 hereunder for any reason other than residence within the 12 political subdivision, unless residency is required by 13 local ordinance. 14 (10) A corporation, if any officer, manager or 15 director thereof, or any stockholder or stockholders 16 owning in the aggregate more than 5% of the stock of such 17 corporation, would not be eligible to receive a license 18 hereunder for any reason other than citizenship and 19 residence within the political subdivision. 20 (10a) A corporation unless it is incorporated in 21 Illinois, or unless it is a foreign corporation which is 22 qualified under the Business Corporation Act of 1983 to 23 transact business in Illinois. 24 (11) A person whose place of business is conducted 25 by a manager or agent unless the manager or agent 26 possesses the same qualifications required by the 27 licensee. 28 (12) A person who has been convicted of a violation 29 of any Federal or State law concerning the manufacture, 30 possession or sale of alcoholic liquor, subsequent to the 31 passage of this Act or has forfeited his bond to appear 32 in court to answer charges for any such violation. 33 (13) A person who does not beneficially own the 34 premises for which a license is sought, or does not have HB2573 Enrolled -3- LRB093 07595 LRD 07774 b 1 a lease thereon for the full period for which the license 2 is to be issued. 3 (14) Any law enforcing public official, including 4 members of local liquor control commissions, any mayor, 5 alderman, or member of the city council or commission, 6 any president of the village board of trustees, any 7 member of a village board of trustees, or any president 8 or member of a county board; and no such official shall 9 be interested directly in the manufacture, sale, or 10 distribution of alcoholic liquor, except that a license 11 may be granted to such official in relation to premises 12 that are not located within the territory subject to the 13 jurisdiction of that official if the issuance of such 14 license is approved by the State Liquor Control 15 Commission and except that a license may be granted, in a 16 city or village with a population of 50,000 or less, to 17 any alderman, member of a city council, or member of a 18 village board of trustees in relation to premises that 19 are located within the territory subject to the 20 jurisdiction of that official if (i) the sale of 21 alcoholic liquor pursuant to the license is incidental to 22 the selling of food, (ii) the issuance of the license is 23 approved by the State Commission, (iii) the issuance of 24 the license is in accordance with all applicable local 25 ordinances in effect where the premises are located, and 26 (iv) the official granted a license does not vote on 27 alcoholic liquor issues pending before the board or 28 council to which the license holder is elected. 29 (15) A person who is not a beneficial owner of the 30 business to be operated by the licensee. 31 (16) A person who has been convicted of a gambling 32 offense as proscribed by any of subsections (a) (3) 33 through (a) (11) of Section 28-1 of, or as proscribed by 34 Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or HB2573 Enrolled -4- LRB093 07595 LRD 07774 b 1 as proscribed by a statute replaced by any of the 2 aforesaid statutory provisions. 3 (17) A person or entity to whom a federal wagering 4 stamp has been issued by the federal government, unless 5 the person or entity is eligible to be issued a license 6 under the Raffles Act or the Illinois Pull Tabs and Jar 7 Games Act. 8 (18) A person who intends to sell alcoholic liquors 9 for use or consumption on his or her licensed retail 10 premises who does not have liquor liability insurance 11 coverage for that premises in an amount that is at least 12 equal to the maximum liability amounts set out in 13 subsection (a) of Section 6-21. 14 (b) A criminal conviction of a corporation is not 15 grounds for the denial, suspension, or revocation of a 16 license applied for or held by the corporation if the 17 criminal conviction was not the result of a violation of any 18 federal or State law concerning the manufacture, possession 19 or sale of alcoholic liquor, the offense that led to the 20 conviction did not result in any financial gain to the 21 corporation and the corporation has terminated its 22 relationship with each director, officer, employee, or 23 controlling shareholder whose actions directly contributed to 24 the conviction of the corporation. The Commission shall 25 determine if all provisions of this subsection (b) have been 26 met before any action on the corporation's license is 27 initiated. 28 (Source: P.A. 92-378, eff. 8-16-01.)