HB5288 EngrossedLRB097 18863 AJO 64101 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 7-1 as follows:
 
6    (235 ILCS 5/7-1)  (from Ch. 43, par. 145)
7    Sec. 7-1. An applicant for a retail license from the State
8Commission shall submit to the State Commission an application
9in writing under oath stating:
10        (1) The applicant's name and mailing address;
11        (2) The name and address of the applicant's business;
12        (3) If applicable, the date of the filing of the
13    "assumed name" of the business with the County Clerk;
14        (4) In case of a copartnership, the date of the
15    formation of the partnership; in the case of an Illinois
16    corporation, the date of its incorporation; or in the case
17    of a foreign corporation, the State where it was
18    incorporated and the date of its becoming qualified under
19    the Business Corporation Act of 1983 to transact business
20    in the State of Illinois;
21        (5) The number, the date of issuance and the date of
22    expiration of the applicant's current local retail liquor
23    license;

 

 

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1        (6) The name of the city, village, or county that
2    issued the local retail liquor license;
3        (7) The name and address of the landlord if the
4    premises are leased;
5        (8) The date of the applicant's first request for a
6    State liquor license and whether it was granted, denied or
7    withdrawn;
8        (9) The address of the applicant when the first
9    application for a State liquor license was made;
10        (10) The applicant's current State liquor license
11    number;
12        (11) The date the applicant began liquor sales at his
13    place of business;
14        (12) The address of the applicant's warehouse if he
15    warehouses liquor;
16        (13) The applicant's Retailer's Occupation Tax (ROT)
17    Registration Number;
18        (14) The applicant's document locater number on his
19    Federal Special Tax Stamp;
20        (15) Whether the applicant is delinquent in the payment
21    of the Retailer's Occupational Tax (Sales Tax), and if so,
22    the reasons therefor;
23        (16) Whether the applicant is delinquent under the cash
24    beer law, and if so, the reasons therefor;
25        (17) In the case of a retailer, whether he is
26    delinquent under the 30 day credit law, and if so, the

 

 

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1    reasons therefor;
2        (18) In the case of a distributor, whether he is
3    delinquent under the 15 day credit law, and if so, the
4    reasons therefor;
5        (19) Whether the applicant has made an application for
6    a liquor license which has been denied, and if so, the
7    reasons therefor;
8        (20) Whether the applicant has ever had any previous
9    liquor license suspended or revoked, and if so, the reasons
10    therefor;
11        (21) Whether the applicant has ever been convicted of a
12    gambling offense or felony, and if so, the particulars
13    thereof;
14        (22) Whether the applicant possesses a current Federal
15    Wagering Stamp, and if so, the reasons therefor;
16        (23) Whether the applicant, or any other person,
17    directly in his place of business is a public official, and
18    if so, the particulars thereof;
19        (24) The applicant's name, sex, date of birth, social
20    security number, position and percentage of ownership in
21    the business; and the name, sex, date of birth, social
22    security number, position and percentage of ownership in
23    the business of every sole owner, partner, corporate
24    officer, director, manager and any person who owns 5% or
25    more of the shares of the applicant business entity or
26    parent corporations of the applicant business entity; and

 

 

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1        (25) That he has not received or borrowed money or
2    anything else of value, and that he will not receive or
3    borrow money or anything else of value (other than
4    merchandising credit in the ordinary course of business for
5    a period not to exceed 30 90 days as herein expressly
6    permitted under Section 6-5 hereof), directly or
7    indirectly, from any manufacturer, importing distributor
8    or distributor or from any representative of any such
9    manufacturer, importing distributor or distributor, nor be
10    a party in any way, directly or indirectly, to any
11    violation by a manufacturer, distributor or importing
12    distributor of Section 6-6 of this Act.
13    In addition to any other requirement of this Section, an
14applicant for any manufacturer's license under subsection (a)
15of Section 5-1 shall also submit information that discloses
16whether the applicant, its subsidiary, affiliate, or any
17officer, associate, member, or partner currently holds any
18license, or holds more than a 5% interest in an entity that
19holds any license, issued by the State Commission under Section
205-1 of this Act.
21    In addition to any other requirement of this Section, an
22applicant for a special use permit license and a special event
23retailer's license shall also submit (A) proof satisfactory to
24the Commission that the applicant has a resale number issued
25under Section 2c of the Retailer's Occupation Tax Act or that
26the applicant is registered under Section 2a of the Retailer's

 

 

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1Occupation Tax Act, (B) proof satisfactory to the Commission
2that the applicant has a current, valid exemption
3identification number issued under Section 1g of the Retailers'
4Occupation Tax Act and a certification to the Commission that
5the purchase of alcoholic liquors will be a tax-exempt
6purchase, or (C) a statement that the applicant is not
7registered under Section 2a of the Retailers' Occupation Tax
8Act, does not hold a resale number under Section 2c of the
9Retailers' Occupation Tax Act, and does not hold an exemption
10number under Section 1g of the Retailers' Occupation Tax Act.
11The applicant shall also submit proof of adequate dram shop
12insurance for the special event prior to being issued a
13license.
14    In addition to the foregoing information, such application
15shall contain such other and further information as the State
16Commission and the local commission may, by rule or regulation
17not inconsistent with law, prescribe.
18    If the applicant reports a felony conviction as required
19under paragraph (21) of this Section, such conviction may be
20considered by the Commission in determining qualifications for
21licensing, but shall not operate as a bar to licensing.
22    If said application is made in behalf of a partnership,
23firm, association, club or corporation, then the same shall be
24signed by one member of such partnership or the president or
25secretary of such corporation or an authorized agent of said
26partnership or corporation.

 

 

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1    All other applications shall be on forms prescribed by the
2State Commission, and which may exclude any of the above
3requirements which the State Commission rules to be
4inapplicable.
5(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.