Full Text of SB0392 95th General Assembly
SB0392ham003 95TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 7/15/2008
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| AMENDMENT TO SENATE BILL 392
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| AMENDMENT NO. ______. Amend Senate Bill 392, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 6 |
| changing Sections 4-2 and 6-2 as follows:
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| (235 ILCS 5/4-2) (from Ch. 43, par. 111)
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| Sec. 4-2. The mayor or president of the board of trustees | 9 |
| of each city,
village or incorporated town or his or her | 10 |
| designee, and the president or chairman of the county
board or | 11 |
| his or her designee, shall be the local liquor control | 12 |
| commissioner for their respective
cities, villages, | 13 |
| incorporated towns and counties, and shall be charged
with the | 14 |
| administration in their respective jurisdictions of the
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| appropriate provisions of this Act and of such ordinances and | 16 |
| resolutions
relating to alcoholic liquor as may be enacted as |
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| long as that official or his or her designee does not have a | 2 |
| direct interest in the manufacture, sale, or distribution of | 3 |
| alcoholic liquor ; but the authority of the
president or | 4 |
| chairman of the county board or his or her designee shall | 5 |
| extend only to that area in
any county which lies outside the | 6 |
| corporate limits of the cities, villages
and incorporated towns | 7 |
| therein and those areas which are owned by the
county and are | 8 |
| within the corporate limits of the cities, villages and
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| incorporated towns with a population of less than 1,000,000, | 10 |
| however, such
county shall comply with the operating rules of | 11 |
| the municipal ordinances
affected when issuing their own | 12 |
| licenses. If that official has a direct interest in the | 13 |
| manufacture, sale, or distribution of alcoholic liquor, the | 14 |
| council or board over which he or she presides must appoint, by | 15 |
| majority vote of those elected or appointed, a liquor control | 16 |
| commissioner other than that official, and that official shall | 17 |
| not nominate or serve any other role in such appointment.
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| However, such mayor, president of the board of trustees or | 19 |
| president or
chairman of the county board or his or her | 20 |
| designee may appoint a person or persons to assist him
in the | 21 |
| exercise of the powers and the performance of the duties herein
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| provided for such local liquor control commissioner.
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| (Source: P.A. 94-747, eff. 5-8-06.)
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| (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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| Sec. 6-2. Issuance of licenses to certain persons |
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| prohibited.
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| (a) Except as otherwise provided in subsection (b) of this | 3 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 4 |
| no license
of any kind issued by the State Commission or any | 5 |
| local
commission shall be issued to:
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| (1) A person who is not a resident of any city, village | 7 |
| or county in
which the premises covered by the license are | 8 |
| located; except in case of
railroad or boat licenses.
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| (2) A person who is not of good character and | 10 |
| reputation in the
community in which he resides.
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| (3) A person who is not a citizen of the United States.
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| (4) A person who has been convicted of a felony under | 13 |
| any Federal or
State law, unless the Commission determines | 14 |
| that such
person has been sufficiently rehabilitated to | 15 |
| warrant the public trust
after considering matters set | 16 |
| forth in such person's application and the
Commission's | 17 |
| investigation. The burden of proof of sufficient
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| rehabilitation shall be on the applicant.
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| (5) A person who has been convicted of being the keeper | 20 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 22 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 24 |
| been revoked for
cause.
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| (8) A person who at the time of application for renewal | 26 |
| of any license
issued hereunder would not be eligible for |
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| such license upon a first
application.
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| (9) A copartnership, if any general partnership | 3 |
| thereof, or any
limited partnership thereof, owning more | 4 |
| than 5% of the aggregate limited
partner interest in such | 5 |
| copartnership would not be eligible to receive a
license | 6 |
| hereunder for any reason other than residence within the | 7 |
| political
subdivision, unless residency is required by | 8 |
| local ordinance.
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| (10) A corporation or limited liability company, if any | 10 |
| member, officer, manager or director thereof, or
any | 11 |
| stockholder or stockholders owning in the aggregate more | 12 |
| than 5% of the
stock of such corporation, would not be | 13 |
| eligible to receive a license
hereunder for any reason | 14 |
| other than citizenship and residence within the
political | 15 |
| subdivision.
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| (10a) A corporation or limited liability company | 17 |
| unless it is incorporated or organized in Illinois, or | 18 |
| unless it
is a foreign corporation or foreign limited | 19 |
| liability company which is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company | 21 |
| Act to transact business in Illinois. The Commission shall | 22 |
| permit and accept from an applicant for a license under | 23 |
| this Act proof prepared from the Secretary of State's | 24 |
| website that the corporation or limited liability company | 25 |
| is in good standing and is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company |
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| Act to transact business in Illinois.
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| (11) A person whose place of business is conducted by a | 3 |
| manager or agent
unless the manager or agent possesses the | 4 |
| same qualifications required by
the licensee.
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| (12) A person who has been convicted of a violation of | 6 |
| any Federal or
State law concerning the manufacture, | 7 |
| possession or sale of alcoholic
liquor, subsequent to the | 8 |
| passage of this Act or has forfeited his bond to
appear in | 9 |
| court to answer charges for any such violation.
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| (13) A person who does not beneficially own the | 11 |
| premises for which a
license is sought, or does not have a | 12 |
| lease thereon for the full period for
which the license is | 13 |
| to be issued.
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| (14) Any law enforcing public official, including | 15 |
| members
of local liquor control commissions,
any mayor, | 16 |
| alderman, or member of the
city council or commission, any | 17 |
| president of the village board of trustees,
any member of a | 18 |
| village board of trustees, or any president or member of a
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| county board; and no such official shall have a direct | 20 |
| interest in the
manufacture, sale, or distribution of | 21 |
| alcoholic liquor, except that a
license
may be granted to | 22 |
| such official in relation to premises that are
not
located | 23 |
| within the territory subject to the jurisdiction of that | 24 |
| official
if the issuance of such license is approved by the | 25 |
| State Liquor Control
Commission
and except that a license | 26 |
| may be granted, in a city or village with a
population of |
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| 50,000 or less, to any mayor, alderman, member of a city | 2 |
| council, or
president or member of a village board of | 3 |
| trustees in relation to premises that are located
within | 4 |
| the territory
subject to the jurisdiction of that official | 5 |
| if (i) the sale of alcoholic
liquor pursuant to the license | 6 |
| is incidental to the selling of food, (ii) the
issuance of | 7 |
| the license is approved by the State Commission, (iii) the
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| issuance of the license is in accordance with all | 9 |
| applicable local ordinances
in effect where the premises | 10 |
| are located, and (iv) the official granted a
license does | 11 |
| not vote on alcoholic liquor issues pending before the | 12 |
| board or
council to which the license holder is elected or | 13 |
| appointed . Notwithstanding any provision of this paragraph | 14 |
| (14) to the contrary, (i) an alderman or member of a city | 15 |
| council or commission, a member of a village board of | 16 |
| trustees other than the president of the village board of | 17 |
| trustees, or a member of a county board other than the | 18 |
| president of a county board may have a direct interest in | 19 |
| the manufacture, sale, or distribution of alcoholic liquor | 20 |
| as long as he or she is not a law enforcing public | 21 |
| official, a mayor, a village board president, or president | 22 |
| of a county board and, furthermore, (ii) the mayor of a | 23 |
| city or president of a village board of trustees may have a | 24 |
| direct interest in the manufacture, sale, or distribution | 25 |
| of alcoholic liquor as long as the council or board has | 26 |
| appointed a liquor control commissioner pursuant to |
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| Section 4-2 of this Act . To prevent any conflict of | 2 |
| interest, the elected official with the direct interest in | 3 |
| the manufacture, sale, or distribution of alcoholic liquor | 4 |
| cannot participate in any meetings, hearings, or decisions | 5 |
| on matters impacting the manufacture, sale, or | 6 |
| distribution of alcoholic liquor.
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| (15) A person who is not a beneficial owner of the | 8 |
| business to be
operated by the licensee.
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| (16) A person who has been convicted of a gambling | 10 |
| offense as
proscribed by any of subsections (a) (3) through | 11 |
| (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 12 |
| 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 13 |
| proscribed by a
statute
replaced by any of the aforesaid | 14 |
| statutory provisions.
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| (17) A person or entity to whom a federal wagering | 16 |
| stamp has been
issued by the
federal government, unless the | 17 |
| person or entity is eligible to be issued a
license under | 18 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 19 |
| Act.
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| (18) A person who intends to sell alcoholic liquors for | 21 |
| use or
consumption on his or her licensed retail premises | 22 |
| who does not have liquor
liability insurance coverage for | 23 |
| that premises in an amount that is at least
equal to the | 24 |
| maximum liability amounts set out in subsection (a) of | 25 |
| Section
6-21.
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| (b) A criminal conviction of a corporation is not grounds |
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| for the
denial, suspension, or revocation of a license applied | 2 |
| for or held by the
corporation if the criminal conviction was | 3 |
| not the result of a violation of any
federal or State law | 4 |
| concerning the manufacture, possession or sale of
alcoholic | 5 |
| liquor, the offense that led to the conviction did not result | 6 |
| in any
financial gain to the corporation and the corporation | 7 |
| has terminated its
relationship with each director, officer, | 8 |
| employee, or controlling shareholder
whose actions directly | 9 |
| contributed to the conviction of the corporation. The
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| Commission shall determine if all provisions of this subsection | 11 |
| (b) have been
met before any action on the corporation's | 12 |
| license is initiated.
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| (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, | 14 |
| eff. 7-29-05; 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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