Sen. Iris Y. Martinez

Filed: 3/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1166

2    AMENDMENT NO. ______. Amend Senate Bill 1166 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Civil Administrative Code of Illinois is
5amended by adding Section 5-725 as follows:
 
6    (20 ILCS 5/5-725 new)
7    Sec. 5-725. Licensure; immigration status. Except as
8otherwise provided by law, no department may deny an
9occupational or professional license based solely on the
10applicant's citizenship status or immigration status. The
11General Assembly finds and declares that this Section is a
12State law within the meaning of subsection (d) of Section 1621
13of Title 8 of the United States Code. Nothing in this Section
14shall affect the requirements to obtain a license that are not
15directly related to citizenship status or immigration status.
16Nothing in this Section shall be construed to grant eligibility

 

 

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1for obtaining any public benefit other than a license.
 
2    Section 10. The Illinois Explosives Act is amended by
3changing Section 2005 as follows:
 
4    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
5    Sec. 2005. Qualifications for licensure.
6    (a) No person shall qualify to hold a license who:
7        (1) is under 21 years of age;
8        (2) has been convicted in any court of a crime
9    punishable by imprisonment for a term exceeding one year;
10        (3) is under indictment for a crime punishable by
11    imprisonment for a term exceeding one year;
12        (4) is a fugitive from justice;
13        (5) is an unlawful user of or addicted to any
14    controlled substance as defined in Section 102 of the
15    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
16    seq.);
17        (6) has been adjudicated a person with a mental
18    disability as defined in Section 1.1 of the Firearm Owners
19    Identification Card Act; or
20        (7) is not a legal citizen of the United States or
21    lawfully admitted for permanent residence.
22    (b) A person who has been granted a "relief from
23disabilities" regarding criminal convictions and indictments,
24pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

 

 

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1845) may receive a license provided all other qualifications
2under this Act are met.
3(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
4    Section 15. The Illinois Plumbing License Law is amended by
5changing Sections 10 and 17 as follows:
 
6    (225 ILCS 320/10)  (from Ch. 111, par. 1109)
7    Sec. 10. (1) An applicant for a plumber's license shall
8file a written application in the office of the Department on
9the form designated by the Department at least 30 days before
10the date set by the Department for the examination.
11    (2) The Director shall promptly approve the application for
12examination if:
13        (a) the required application fee has been paid, and
14        (b) (blank), and the applicant has submitted evidence
15    that he or she is a citizen of the United States or has
16    declared his or her intention to become a citizen, and
17        (c) the applicant has submitted evidence that he or she
18    has completed at least a 2 year course of study in a high
19    school, or an equivalent course of study, and
20        (d) the applicant has been employed as an Illinois
21    licensed apprentice plumber under supervision in
22    accordance with this Act for at least 4 years preceding the
23    date of application and has submitted evidence that he or
24    she has worked at the plumbing trade in accordance with

 

 

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1    this Act for the 4 year Illinois licensed apprentice
2    plumber apprenticeship period, or
3        (e) the applicant has submitted evidence that he or she
4    has successfully completed an approved course of
5    instruction in plumbing supervised directly by an Illinois
6    licensed plumber in colleges, universities, or trade
7    schools.
8    (3) If the application for examination is approved, the
9Department shall promptly notify the applicant in writing of
10such approval and of the place and time of the examination. If
11the application is disapproved, the Department shall promptly
12notify the applicant in writing of such disapproval, stating
13the reasons for disapproval.
14    (4) If an applicant neglects, fails or refuses to take an
15examination for license under this Act, the application is
16denied. However, such applicant may submit a new application
17for examination, accompanied by the required application fee.
18Application fees for examination for a plumber's license are
19not refundable.
20(Source: P.A. 99-504, eff. 1-1-17.)
 
21    (225 ILCS 320/17)  (from Ch. 111, par. 1116)
22    Sec. 17. (a) Upon the payment of the required fee, an
23applicant who is a plumber, registered or licensed in another
24state, or municipality, may, without examination, be granted a
25license as a licensed plumber by the Department provided:

 

 

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1        (1) that the applicant is at least twenty-one years of
2    age and is a citizen of the United States, or has declared
3    his intention to become a citizen, and
4        (2) that the Board finds that the requirements for the
5    registration or licensing of plumbers in such other state
6    or municipality, were, at the date of the registration or
7    license, substantially equal to the requirements then in
8    force in this State, and provided that the same privilege
9    of registration is accorded by said state or municipality,
10    to licensed plumbers in the State of Illinois.
11    (b) A plumber licensed or registered as a plumber by
12another state or municipality, whose license requirements are
13substantially equal to the requirements for an Illinois
14Plumber's license, and such governmental unit, does not have a
15reciprocal agreement with the State of Illinois, may apply for
16and be issued an Illinois Plumber's license provided that the
17applicant successfully passes the Illinois plumber's
18examination and pays the required fees.
19(Source: P.A. 79-1000.)
 
20    Section 20. The Water Well and Pump Installation
21Contractor's License Act is amended by changing Section 9 as
22follows:
 
23    (225 ILCS 345/9)  (from Ch. 111, par. 7110)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 9. Applications for a license, or for renewal thereof,
2and applications for examination shall be made to the
3Department in writing and under oath or affirmation, upon forms
4prescribed and furnished by the Department. Such applications
5shall contain such information as the Department deems
6necessary in order to carry out the provisions of this Act.
7    The Department shall issue a Water Well Contractor's
8license, a Water Well Pump Installation Contractor's license,
9or a Water Well and Pump Installation Contractor's license to
10any applicant therefor who:
11        (a) is at least 18 years of age,
12        (b) (blank), is a citizen of the United States or has
13    declared his intention to become a citizen of the United
14    States,
15        (c) possesses a good moral character,
16        (d) has had the required experience as follows:
17            (1) an applicant for a water well contractor's
18        license shall have worked two years under the
19        supervision of a licensed water well contractor,
20            (2) an applicant for a water well pump installation
21        contractor's license shall have worked two years under
22        the supervision of a licensed water well pump
23        installation contractor or in the case of those
24        applicants whose experience was gained prior to
25        January 1, 1972, under the supervision of a contractor
26        who was engaged in water well pump installation,

 

 

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1            (3) an applicant for a water well and pump
2        installation contractor's license shall have worked
3        two years for a licensed water well and pump
4        installation contractor and the applicant shall show
5        evidence satisfactory to the Department that he was
6        engaged in both water well contracting and pump
7        installing during the two year period. For those
8        applicants who gained their experience prior to
9        January 1, 1972, it shall be sufficient for them to
10        show that they worked under the supervision of a
11        licensed water well contractor who was engaged in pump
12        installation and that they did work in both fields.
13        (e) has made a satisfactory grade on the examination
14    for the particular license for which he is applying.
15        (f) has paid the fee provided by statute.
16    Such licenses shall be serially numbered, shall be signed
17by the Director and issued under the seal of the Department.
18(Source: P.A. 81-791.)
 
19    Section 25. The Illinois Horse Meat Act is amended by
20changing Section 3.2 as follows:
 
21    (225 ILCS 635/3.2)  (from Ch. 56 1/2, par. 242.2)
22    Sec. 3.2. The following persons are ineligible for
23licenses:
24        a. A person who is not a resident of the city, village

 

 

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1    or county in which the premises covered by the license are
2    located; except in case of railroad or boat licenses.
3        b. A person who is not of good character and reputation
4    in the community in which he resides.
5        c. (Blank). A person who is not a citizen of the United
6    States.
7        d. A person with a prior conviction of a felony or a
8    misdemeanor that is directly related to the practice of the
9    profession where such conviction will impair the person's
10    ability to engage in the licensed position.
11        e. (Blank).
12        f. A person whose license issued under this Act has
13    been revoked for cause.
14        g. A person who at the time of application for renewal
15    of any license issued hereunder would not be eligible for
16    such license upon a first application.
17        h. A co-partnership, unless all of the members of such
18    co-partnership shall be qualified to obtain a license.
19        i. A corporation, if any officer, manager or director
20    thereof or any stockholder or stockholders owning in the
21    aggregate more than five percent (5%) of the stock of such
22    corporation, would not be eligible to receive a license
23    hereunder for any reason other than citizenship and
24    residence within the political subdivision.
25        j. A person whose place of business is conducted by a
26    manager or agent unless said manager or agent possesses the

 

 

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1    same qualifications required of the licensee.
2(Source: P.A. 100-286, eff. 1-1-18.)
 
3    Section 30. The Coal Mining Act is amended by changing
4Sections 4.01, 5.01, 6.01, 7.02, 7.04, 27.01, 27.02, 32.02, and
532.03 as follows:
 
6    (225 ILCS 705/4.01)  (from Ch. 96 1/2, par. 401)
7    Sec. 4.01. Each applicant for a certificate of competency
8as State Mine Inspector shall produce evidence satisfactory to
9the Mining Board that he is a resident citizen of this State,
10at least thirty years of age; that he has had a practical
11mining experience of ten years, of which at least two years
12shall have been in the State of Illinois, and that he is a man
13of good repute and temperate habits; and that he has a first
14class mine manager's certificate. He shall pass an examination
15as to his practical and technological knowledge of mine
16appliances; of the proper development and operation of coal
17mines; of ventilation in mines; of the nature and properties of
18mine gases; of first aid to the injured and of mine rescue
19methods and appliances, as prescribed by the Department of
20Natural Resources; of the geology of coal measures in this
21State; and of the laws of this State relating to coal mines.
22(Source: P.A. 89-445, eff. 2-7-96.)
 
23    (225 ILCS 705/5.01)  (from Ch. 96 1/2, par. 501)

 

 

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1    Sec. 5.01. Each applicant for a certificate of competency
2as mine manager shall produce evidence satisfactory of the
3Mining Board that he is a citizen of the United States or
4lawfully admitted for permanent residence, at least 23 years of
5age; that he has had at least 4 years' practical underground
6mining experience; has been issued a Certificate of Competency
7as Mine Examiner, or its equivalent issued by another state;
8and that he has satisfactorily completed a course of
9instruction in first aid to the injured and mine rescue methods
10and appliances prescribed by the Department; and that he is a
11man of good repute and temperate habits. He shall also pass
12such examination as to his experience in mines and in the
13management of men; his knowledge of mine machinery and
14appliances; the use of surveying and other instruments used in
15mining; the properties of mine gases; the principles of
16ventilation; and the legal duties and responsibilities of mine
17managers, as shall be prescribed by the rules of the Mining
18Board.
19    Persons who have graduated and hold a degree in engineering
20or an approved 4-year program in coal mining technology from an
21accredited school, college or university are required to have
22only 2 years' practical underground mining experience to
23qualify for the examination for a Certificate of Competency.
24    Persons who have graduated and hold a two-year Associate in
25Applied Science Degree in Coal Mining Technology from an
26accredited school, college or university are required to have

 

 

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1only 3 years' practical underground mining experience to
2qualify for the examination for a Certificate of Competency.
3(Source: P.A. 79-876.)
 
4    (225 ILCS 705/6.01)  (from Ch. 96 1/2, par. 601)
5    Sec. 6.01. Each applicant for a certificate of competency
6as mine examiner shall produce evidence satisfactory to the
7Mining Board that he is a citizen of the United States or
8lawfully admitted for permanent residence, at least 21 years of
9age and of good repute and temperate habits and that he has had
10at least 4 years practical underground mining experience, and
11has been issued a First Class Certificate of Competency by the
12Department of Natural Resources. He shall pass an examination
13as to his experience in mines generating dangerous gases, his
14practical and technological knowledge of the nature and
15properties of mine gases, the laws of ventilation, the
16structures and use of multi-gas detectors, and the laws of this
17State relating to safeguards against fires from any source in
18mines. He shall also submit to the Mining Board satisfactory
19evidence that he has completed a course of training in first
20aid to the injured and mine rescue methods and appliances
21prescribed by the Department. Persons who have graduated and
22hold a degree in engineering or an approved 4-year program in
23coal mining technology from an accredited school, college, or
24university, are required to have only 2 years of practical
25underground mining experience to qualify for the examination

 

 

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1for a certificate of competency.
2    Persons who have graduated and hold a two-year Associate in
3Applied Science Degree in Coal Mining Technology from an
4accredited school, college or university are required to have
5only 3 years' practical underground mining experience to
6qualify for the examination for a Certificate of Competency as
7a Mine Examiner.
8(Source: P.A. 99-538, eff. 1-1-17.)
 
9    (225 ILCS 705/7.02)  (from Ch. 96 1/2, par. 702)
10    Sec. 7.02. Each applicant for a certificate of competency
11as electrical hoisting engineer shall produce evidence
12satisfactory to the Mining Board that he is a citizen of the
13United States or lawfully admitted for permanent residence, at
14least 21 years of age, that he has had two years' experience
15with electrical hoisting equipment, or has completed a training
16course in operation and maintenance of electrical hoisting
17machinery approved by the Mining Board and is of good repute
18and temperate habits. He shall pass an examination as to his
19practical and technical knowledge of the construction of same,
20the care and adjustment of electrical hoisting engines, the
21management and efficiency of electric pumps, ropes and winding
22apparatus and as to his knowledge of the laws of this State in
23relation to signals and the hoisting and lowering of men at
24mines.
25(Source: P.A. 79-876.)
 

 

 

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1    (225 ILCS 705/7.04)  (from Ch. 96 1/2, par. 704)
2    Sec. 7.04. The Mining Board may grant a permit to operate a
3second motion engine, or internal combustion engine, at any
4mine employing not more than 10 men, to any person recommended
5to the Mining Board by the State Mine Inspector of the
6district. The applicant for such permit shall have filed with
7the Mining Board satisfactory evidence that he is a citizen of
8the United States or lawfully admitted for permanent residence,
9that he has had at least one year of experience in operating a
10steam engine, steam boiler, or internal combustion engine and
11understands the handling and care of the same. Such application
12shall be accompanied by a statement from at least three persons
13who will testify from their personal knowledge of the applicant
14that he is a man of good repute and personal habits, and that
15he has, in their judgment, a knowledge of and experience in
16handling boilers and engines as required in this section. Such
17permit shall apply only to the mine for which it was issued,
18and for a period not to exceed one year, except such permit,
19when it expires, may be renewed by the Mining Board from year
20to year if the person holding same requests renewal, and
21certifies by sworn statement that all the circumstances and
22conditions are the same as when said permit was originally
23issued.
24(Source: Laws 1957, p. 2413.)
 

 

 

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1    (225 ILCS 705/27.01)  (from Ch. 96 1/2, par. 2701)
2    Sec. 27.01. In all mines in this State which are classified
3as gassy by the State Mine Inspector, and where coal is broken
4down by the use of explosives, a sufficient number of first
5class miners, who are citizens of the United States or lawfully
6admitted for permanent residence and able to speak and
7understand the American Language, shall be designated and
8employed as drillers and shooters or shot firers. The duties of
9the drillers and shooters or shot firers shall be to prepare
10permissible explosives for breaking down coal in a safe,
11practical and workmanlike manner, and to fire or detonate the
12same.
13(Source: Laws 1953, p. 701.)
 
14    (225 ILCS 705/27.02)  (from Ch. 96 1/2, par. 2702)
15    Sec. 27.02. In all mines in this State which are classified
16as non-gassy by the State Mine Inspector, and where coal is
17broken down by the use of explosives, a sufficient number of
18first-class miners, who are citizens of the United States or
19lawfully admitted for permanent residence and able to speak and
20understand the American language, shall be designated and
21employed as drillers and shooters or as shot firers. The duties
22of the drillers and shooters or shot firers shall be to prepare
23permissible explosives for breaking down coal in a safe,
24practical and workmanlike manner, and to fire or detonate the
25same.

 

 

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1(Source: Laws 1953, p. 701.)
 
2    (225 ILCS 705/32.02)  (from Ch. 96 1/2, par. 3202)
3    Sec. 32.02. The person authorized to weigh the coal and
4keep the record thereof shall be a citizen of the United States
5or lawfully admitted for permanent residence, and shall, before
6entering upon his duties, make and subscribe to an oath before
7some person duly authorized to administer oaths, that he will
8accurately weigh and carefully keep a true record of all coal
9weighed, and such affidavit shall be kept conspicuously posted
10at the place of weighing.
11(Source: Laws 1953, p. 701.)
 
12    (225 ILCS 705/32.03)  (from Ch. 96 1/2, par. 3203)
13    Sec. 32.03. The miners at work in any coal mine may employ
14a check weighman at their option and at their own expense,
15whose duty it shall be to balance the scales and see that the
16coal is properly weighed, and that a correct account of the
17same is kept, and for this purpose he shall have access at all
18times to the beam box of the scales, and be afforded every
19facility for verifying the weights while the weighing is being
20done. The check weighman so employed by the miners shall be a
21citizen of the United States or lawfully admitted for permanent
22residence , and, before entering upon his duties, shall make and
23subscribe to an oath, before some person duly authorized to
24administer oaths, that he will faithfully discharge his duties

 

 

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1as check weighman, and such oath shall be kept conspicuously
2posted at the place of weighing.
3(Source: Laws 1953, p. 701.)
 
4    Section 35. The Liquor Control Act of 1934 is amended by
5changing 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
8prohibited.
9    (a) Except as otherwise provided in subsection (b) of this
10Section and in paragraph (1) of subsection (a) of Section 3-12,
11no license of any kind issued by the State Commission or any
12local commission shall be issued to:
13        (1) A person who is not a resident of any city, village
14    or county in which the premises covered by the license are
15    located; except in case of railroad or boat licenses.
16        (2) A person who is not of good character and
17    reputation in the community in which he resides.
18        (3) (Blank). A person who is not a citizen of the
19    United States.
20        (4) A person who has been convicted of a felony under
21    any Federal or State law, unless the Commission determines
22    that such person will not be impaired by the conviction in
23    engaging in the licensed practice after considering
24    matters set forth in such person's application in

 

 

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1    accordance with Section 6-2.5 of this Act and the
2    Commission's investigation.
3        (5) A person who has been convicted of keeping a place
4    of prostitution or keeping a place of juvenile
5    prostitution, promoting prostitution that involves keeping
6    a place of prostitution, or promoting juvenile
7    prostitution that involves keeping a place of juvenile
8    prostitution.
9        (6) A person who has been convicted of pandering.
10        (7) A person whose license issued under this Act has
11    been revoked for cause.
12        (8) A person who at the time of application for renewal
13    of any license issued hereunder would not be eligible for
14    such license upon a first application.
15        (9) A copartnership, if any general partnership
16    thereof, or any limited partnership thereof, owning more
17    than 5% of the aggregate limited partner interest in such
18    copartnership would not be eligible to receive a license
19    hereunder for any reason other than residence within the
20    political subdivision, unless residency is required by
21    local ordinance.
22        (10) A corporation or limited liability company, if any
23    member, officer, manager or director thereof, or any
24    stockholder or stockholders owning in the aggregate more
25    than 5% of the stock of such corporation, would not be
26    eligible to receive a license hereunder for any reason

 

 

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1    other than citizenship and residence within the political
2    subdivision.
3        (10a) A corporation or limited liability company
4    unless it is incorporated or organized in Illinois, or
5    unless it is a foreign corporation or foreign limited
6    liability company which is qualified under the Business
7    Corporation Act of 1983 or the Limited Liability Company
8    Act to transact business in Illinois. The Commission shall
9    permit and accept from an applicant for a license under
10    this Act proof prepared from the Secretary of State's
11    website that the corporation or limited liability company
12    is in good standing and is qualified under the Business
13    Corporation Act of 1983 or the Limited Liability Company
14    Act to transact business in Illinois.
15        (11) A person whose place of business is conducted by a
16    manager or agent unless the manager or agent possesses the
17    same qualifications required by the licensee.
18        (12) A person who has been convicted of a violation of
19    any Federal or State law concerning the manufacture,
20    possession or sale of alcoholic liquor, subsequent to the
21    passage of this Act or has forfeited his bond to appear in
22    court to answer charges for any such violation, unless the
23    Commission determines, in accordance with Section 6-2.5 of
24    this Act, that the person will not be impaired by the
25    conviction in engaging in the licensed practice.
26        (13) A person who does not beneficially own the

 

 

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1    premises for which a license is sought, or does not have a
2    lease thereon for the full period for which the license is
3    to be issued.
4        (14) Any law enforcing public official, including
5    members of local liquor control commissions, any mayor,
6    alderman, or member of the city council or commission, any
7    president of the village board of trustees, any member of a
8    village board of trustees, or any president or member of a
9    county board; and no such official shall have a direct
10    interest in the manufacture, sale, or distribution of
11    alcoholic liquor, except that a license may be granted to
12    such official in relation to premises that are not located
13    within the territory subject to the jurisdiction of that
14    official if the issuance of such license is approved by the
15    State Liquor Control Commission and except that a license
16    may be granted, in a city or village with a population of
17    55,000 or less, to any alderman, member of a city council,
18    or member of a village board of trustees in relation to
19    premises that are located within the territory subject to
20    the 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 the
24    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

 

 

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1    alcoholic liquor issues pending before the board or council
2    to which the license holder is elected. Notwithstanding any
3    provision of this paragraph (14) to the contrary, an
4    alderman or member of a city council or commission, a
5    member of a village board of trustees other than the
6    president of the village board of trustees, or a member of
7    a county board other than the president of a county board
8    may have a direct interest in the manufacture, sale, or
9    distribution of alcoholic liquor as long as he or she is
10    not a law enforcing public official, a mayor, a village
11    board president, or president of a county board. To prevent
12    any conflict of interest, the elected official with the
13    direct interest in the manufacture, sale, or distribution
14    of alcoholic liquor shall not participate in any meetings,
15    hearings, or decisions on matters impacting the
16    manufacture, sale, or distribution of alcoholic liquor.
17    Furthermore, the mayor of a city with a population of
18    55,000 or less or the president of a village with a
19    population of 55,000 or less may have an interest in the
20    manufacture, sale, or distribution of alcoholic liquor as
21    long as the council or board over which he or she presides
22    has made a local liquor control commissioner appointment
23    that complies with the requirements of Section 4-2 of this
24    Act.
25        (15) A person who is not a beneficial owner of the
26    business to be operated by the licensee.

 

 

10100SB1166sam001- 21 -LRB101 06039 AMC 57327 a

1        (16) A person who has been convicted of a gambling
2    offense as proscribed by any of subsections (a) (3) through
3    (a) (11) of Section 28-1 of, or as proscribed by Section
4    28-1.1 or 28-3 of, the Criminal Code of 1961 or the
5    Criminal Code of 2012, or as proscribed by a statute
6    replaced by any of the aforesaid statutory provisions.
7        (17) A person or entity to whom a federal wagering
8    stamp has been issued by the federal government, unless the
9    person or entity is eligible to be issued a license under
10    the Raffles and Poker Runs Act or the Illinois Pull Tabs
11    and Jar Games Act.
12        (18) A person who intends to sell alcoholic liquors for
13    use or consumption on his or her licensed retail premises
14    who does not have liquor liability insurance coverage for
15    that premises in an amount that is at least equal to the
16    maximum liability amounts set out in subsection (a) of
17    Section 6-21.
18        (19) A person who is licensed by any licensing
19    authority as a manufacturer of beer, or any partnership,
20    corporation, limited liability company, or trust or any
21    subsidiary, affiliate, or agent thereof, or any other form
22    of business enterprise licensed as a manufacturer of beer,
23    having any legal, equitable, or beneficial interest,
24    directly or indirectly, in a person licensed in this State
25    as a distributor or importing distributor. For purposes of
26    this paragraph (19), a person who is licensed by any

 

 

10100SB1166sam001- 22 -LRB101 06039 AMC 57327 a

1    licensing authority as a "manufacturer of beer" shall also
2    mean a brewer and a non-resident dealer who is also a
3    manufacturer of beer, including a partnership,
4    corporation, limited liability company, or trust or any
5    subsidiary, affiliate, or agent thereof, or any other form
6    of business enterprise licensed as a manufacturer of beer.
7        (20) A person who is licensed in this State as a
8    distributor or importing distributor, or any partnership,
9    corporation, limited liability company, or trust or any
10    subsidiary, affiliate, or agent thereof, or any other form
11    of business enterprise licensed in this State as a
12    distributor or importing distributor having any legal,
13    equitable, or beneficial interest, directly or indirectly,
14    in a person licensed as a manufacturer of beer by any
15    licensing authority, or any partnership, corporation,
16    limited liability company, or trust or any subsidiary,
17    affiliate, or agent thereof, or any other form of business
18    enterprise, except for a person who owns, on or after the
19    effective date of this amendatory Act of the 98th General
20    Assembly, no more than 5% of the outstanding shares of a
21    manufacturer of beer whose shares are publicly traded on an
22    exchange within the meaning of the Securities Exchange Act
23    of 1934. For the purposes of this paragraph (20), a person
24    who is licensed by any licensing authority as a
25    "manufacturer of beer" shall also mean a brewer and a
26    non-resident dealer who is also a manufacturer of beer,

 

 

10100SB1166sam001- 23 -LRB101 06039 AMC 57327 a

1    including a partnership, corporation, limited liability
2    company, or trust or any subsidiary, affiliate, or agent
3    thereof, or any other form of business enterprise licensed
4    as a manufacturer of beer.
5    (b) A criminal conviction of a corporation is not grounds
6for the denial, suspension, or revocation of a license applied
7for or held by the corporation if the criminal conviction was
8not the result of a violation of any federal or State law
9concerning the manufacture, possession or sale of alcoholic
10liquor, the offense that led to the conviction did not result
11in any financial gain to the corporation and the corporation
12has terminated its relationship with each director, officer,
13employee, or controlling shareholder whose actions directly
14contributed to the conviction of the corporation. The
15Commission shall determine if all provisions of this subsection
16(b) have been met before any action on the corporation's
17license is initiated.
18(Source: P.A. 100-286, eff. 1-1-18.)
 
19    Section 40. The Safety Deposit License Act is amended by
20changing Section 19 as follows:
 
21    (240 ILCS 5/19)  (from Ch. 17, par. 1469)
22    Sec. 19. No applicant shall be issued a license who:
23        1. (Blank); Is not a citizen of the United States;
24        2. Has been convicted of a felony;

 

 

10100SB1166sam001- 24 -LRB101 06039 AMC 57327 a

1        3. Has not provided a burglar alarm system for the
2    safe, vault, and other fixtures;
3        4. Has not provided a time lock for the safe, vault or
4    other fixtures;
5        5. Has not provided one or more combination locked
6    steel doors (one in front of the other and no door less
7    than one inch thick) aggregating at least 3 1/2 inches in
8    thickness; or one combination locked round or square steel
9    door not less than 3 1/2 inches in thickness;
10        6. Has not provided vault construction (walls, ceiling
11    and floor) of equal resistance to the door;
12        7. Has not placed in a conspicuous place in the
13    location, a sign in large print, telling the depositor what
14    types of protection are being furnished by the licensee;
15        8. Has advertised or advertises that the facilities
16    furnished by him are approved by the Director.
17    Any of the requirements set forth in this section which are
18not capable of fulfillment because of wartime restrictions may
19during the war time emergency, be waived by the Director.
20(Source: Laws 1967, p. 1668.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".