Illinois General Assembly - Full Text of SB0406
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Full Text of SB0406  94th General Assembly

SB0406sam001 94TH GENERAL ASSEMBLY

Sen. James A. DeLeo

Filed: 4/8/2005

 

 


 

 


 
09400SB0406sam001 LRB094 09354 LJB 44773 a

1
AMENDMENT TO SENATE BILL 406

2     AMENDMENT NO. ______. Amend Senate Bill 406 by replacing
3 everything after the enacting clause with the following:
 
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) of this
10 Section and in paragraph (1) of subsection (a) of Section 3-12,
11 no license of any kind issued by the State Commission or any
12 local 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) A person who is not a citizen of the United States.
19         (4) A person who has been convicted of a felony under
20     any Federal or State law, unless the Commission determines
21     that such person has been sufficiently rehabilitated to
22     warrant the public trust after considering matters set
23     forth in such person's application and the Commission's
24     investigation. The burden of proof of sufficient

 

 

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1     rehabilitation shall be on the applicant.
2         (5) A person who has been convicted of being the keeper
3     or is keeping a house of ill fame.
4         (6) A person who has been convicted of pandering or
5     other crime or misdemeanor opposed to decency and morality.
6         (7) A person whose license issued under this Act has
7     been revoked for cause.
8         (8) A person who at the time of application for renewal
9     of any license issued hereunder would not be eligible for
10     such license upon a first application.
11         (9) A copartnership, if any general partnership
12     thereof, or any limited partnership thereof, owning more
13     than 5% of the aggregate limited partner interest in such
14     copartnership would not be eligible to receive a license
15     hereunder for any reason other than residence within the
16     political subdivision, unless residency is required by
17     local ordinance.
18         (10) A corporation or limited liability company, if any
19     member, officer, manager or director thereof, or any
20     stockholder or stockholders owning in the aggregate more
21     than 5% of the stock of such corporation, would not be
22     eligible to receive a license hereunder for any reason
23     other than citizenship and residence within the political
24     subdivision.
25         (10a) A corporation or limited liability company
26     unless it is incorporated or organized in Illinois, or
27     unless it is a foreign corporation or foreign limited
28     liability company which is qualified under the Business
29     Corporation Act of 1983 or the Limited Liability Company
30     Act to transact business in Illinois. The Commission shall
31     permit and accept from an applicant for a license under
32     this Act proof prepared from the Secretary of State's
33     website that the corporation or limited liability company
34     is in good standing and is qualified under the Business

 

 

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1     Corporation Act of 1983 or the Limited Liability Company
2     Act to transact business in Illinois.
3         (11) A person whose place of business is conducted by a
4     manager or agent unless the manager or agent possesses the
5     same qualifications required by the licensee.
6         (12) A person who has been convicted of a violation of
7     any Federal or State law concerning the manufacture,
8     possession or sale of alcoholic liquor, subsequent to the
9     passage of this Act or has forfeited his bond to appear in
10     court to answer charges for any such violation.
11         (13) A person who does not beneficially own the
12     premises for which a license is sought, or does not have a
13     lease thereon for the full period for which the license is
14     to be issued.
15         (14) Any law enforcing public official, including
16     members of local liquor control commissions, any mayor,
17     alderman, or member of the city council or commission, any
18     president of the village board of trustees, any member of a
19     village board of trustees, or any president or member of a
20     county board; and no such official shall be interested
21     directly in the manufacture, sale, or distribution of
22     alcoholic liquor, except that a license may be granted to
23     such official in relation to premises that are not located
24     within the territory subject to the jurisdiction of that
25     official if the issuance of such license is approved by the
26     State Liquor Control Commission and except that a license
27     may be granted, in a city or village with a population of
28     50,000 or less, to any alderman, member of a city council,
29     or member of a village board of trustees in relation to
30     premises that are located within the territory subject to
31     the jurisdiction of that official if (i) the sale of
32     alcoholic liquor pursuant to the license is incidental to
33     the selling of food, (ii) the issuance of the license is
34     approved by the State Commission, (iii) the issuance of the

 

 

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1     license is in accordance with all applicable local
2     ordinances in effect where the premises are located, and
3     (iv) the official granted a license does not vote on
4     alcoholic liquor issues pending before the board or council
5     to which the license holder is elected.
6         (15) A person who is not a beneficial owner of the
7     business to be operated by the licensee.
8         (16) A person who has been convicted of a gambling
9     offense as proscribed by any of subsections (a) (3) through
10     (a) (11) of Section 28-1 of, or as proscribed by Section
11     28-1.1 or 28-3 of, the Criminal Code of 1961, or as
12     proscribed by a statute replaced by any of the aforesaid
13     statutory provisions.
14         (17) A person or entity to whom a federal wagering
15     stamp has been issued by the federal government, unless the
16     person or entity is eligible to be issued a license under
17     the Raffles Act or the Illinois Pull Tabs and Jar Games
18     Act.
19         (18) A person who intends to sell alcoholic liquors for
20     use or consumption on his or her licensed retail premises
21     who does not have liquor liability insurance coverage for
22     that premises in an amount that is at least equal to the
23     maximum liability amounts set out in subsection (a) of
24     Section 6-21.
25     (b) A criminal conviction of a corporation is not grounds
26 for the denial, suspension, or revocation of a license applied
27 for or held by the corporation if the criminal conviction was
28 not the result of a violation of any federal or State law
29 concerning the manufacture, possession or sale of alcoholic
30 liquor, the offense that led to the conviction did not result
31 in any financial gain to the corporation and the corporation
32 has terminated its relationship with each director, officer,
33 employee, or controlling shareholder whose actions directly
34 contributed to the conviction of the corporation. The

 

 

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1 Commission shall determine if all provisions of this subsection
2 (b) have been met before any action on the corporation's
3 license is initiated.
4 (Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04;
5 93-1057, eff. 12-2-04.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".