Full Text of HB3450 97th General Assembly
HB3450 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3450 Introduced 2/24/2011, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/7-1 | from Ch. 43, par. 145 | 235 ILCS 5/7-15 new | |
|
Amends the Liquor Control Act of 1934. Provides that beginning on January 1, 2012, the State Commission shall send, through electronic mail, all licensees a reminder of the date each State license expires. Provides that the State Commission shall notify each licensee through electronic mail 30 days prior to the expiration date of his or her license. Provides that the State Commission is not required to comply with this notification requirement if the licensee does not provide the State Commission his or her electronic mail address. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3450 | | LRB097 08792 ASK 48922 b |
|
| 1 | | AN ACT concerning 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 7-1 and by adding Section 7-15 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 | 8 | | Commission
shall submit to the State Commission an application | 9 | | in writing under oath
stating:
| 10 | | (1) The applicant's name , and mailing address and, if | 11 | | applicable, the applicant's electronic mail address ;
| 12 | | (2) The name and address of the applicant's business;
| 13 | | (3) If applicable, the date of the filing of the | 14 | | "assumed name" of
the business with the County Clerk;
| 15 | | (4) In case of a copartnership, the date of the | 16 | | formation of the
partnership; in the case of an Illinois | 17 | | corporation, the date of its
incorporation; or in the case | 18 | | of a foreign corporation, the State where
it was | 19 | | incorporated and the date of its becoming qualified under | 20 | | the Business
Corporation Act of 1983 to transact business | 21 | | in the State of Illinois;
| 22 | | (5) The number, the date of issuance and the date of | 23 | | expiration of
the applicant's current local retail liquor |
| | | HB3450 | - 2 - | LRB097 08792 ASK 48922 b |
|
| 1 | | license;
| 2 | | (6) The name of the city, village, or county that | 3 | | issued the local
retail liquor license;
| 4 | | (7) The name and address of the landlord if the | 5 | | premises are leased;
| 6 | | (8) The date of the applicant's first request for a | 7 | | State liquor
license and whether it was granted, denied or | 8 | | withdrawn;
| 9 | | (9) The address of the applicant when the first | 10 | | application for a
State liquor license was made;
| 11 | | (10) The applicant's current State liquor license | 12 | | number;
| 13 | | (11) The date the applicant began liquor sales at his | 14 | | place of business;
| 15 | | (12) The address of the applicant's warehouse if he | 16 | | warehouses liquor;
| 17 | | (13) The applicant's Retailer's Occupation Tax (ROT) | 18 | | Registration Number;
| 19 | | (14) The applicant's document locater number on his | 20 | | Federal Special
Tax Stamp;
| 21 | | (15) Whether the applicant is delinquent in the payment | 22 | | of the
Retailer's Occupational Tax (Sales Tax), and if so, | 23 | | the reasons therefor;
| 24 | | (16) Whether the applicant is delinquent under the cash | 25 | | beer law,
and if so, the reasons therefor;
| 26 | | (17) In the case of a retailer, whether he is |
| | | HB3450 | - 3 - | LRB097 08792 ASK 48922 b |
|
| 1 | | delinquent under the
30 day credit law, and if so, the | 2 | | reasons therefor;
| 3 | | (18) In the case of a distributor, whether he is | 4 | | delinquent under
the 15 day credit law, and if so, the | 5 | | reasons therefor;
| 6 | | (19) Whether the applicant has made an application for | 7 | | a liquor
license which has been denied, and if so, the | 8 | | reasons therefor;
| 9 | | (20) Whether the applicant has ever had any previous | 10 | | liquor license
suspended or revoked, and if so, the reasons | 11 | | therefor;
| 12 | | (21) Whether the applicant has ever been convicted of a | 13 | | gambling
offense or felony, and if so, the particulars | 14 | | thereof;
| 15 | | (22) Whether the applicant possesses a current Federal | 16 | | Wagering Stamp,
and if so, the reasons therefor;
| 17 | | (23) Whether the applicant, or any other person, | 18 | | directly in his place
of business is a public official, and | 19 | | if so, the particulars thereof;
| 20 | | (24) The applicant's name, sex, date of birth, social | 21 | | security
number, position and percentage of ownership in | 22 | | the business; and the
name, sex, date of birth, social | 23 | | security number, position and
percentage of ownership in | 24 | | the business of every sole owner, partner,
corporate | 25 | | officer, director, manager and any person who owns 5% or | 26 | | more
of the shares of the applicant business entity or |
| | | HB3450 | - 4 - | LRB097 08792 ASK 48922 b |
|
| 1 | | parent corporations of
the applicant business entity; and
| 2 | | (25) That he has not received or borrowed money or | 3 | | anything else of
value, and that he will not receive or | 4 | | borrow money or anything else of
value (other than | 5 | | merchandising credit in the ordinary course of
business for | 6 | | a period not to exceed 90 days as herein expressly
| 7 | | permitted under Section 6-5 hereof), directly or
| 8 | | indirectly, from any manufacturer, importing distributor | 9 | | or
distributor or from any representative of any such | 10 | | manufacturer,
importing distributor or distributor, nor be | 11 | | a party in
any way, directly or indirectly, to any | 12 | | violation by a manufacturer,
distributor or importing | 13 | | distributor of Section 6-6 of this Act.
| 14 | | In addition to any other requirement of this Section, an | 15 | | applicant for
a special use permit license and a special event | 16 | | retailer's license shall
also submit (A) proof satisfactory to | 17 | | the Commission that the applicant
has a resale number issued | 18 | | under Section 2c of the Retailer's Occupation Tax
Act or that | 19 | | the applicant is registered under Section 2a of the Retailer's
| 20 | | Occupation Tax Act, (B) proof satisfactory to the Commission | 21 | | that the
applicant has a current, valid exemption | 22 | | identification number issued under
Section 1g of the Retailers' | 23 | | Occupation Tax Act and a certification to the
Commission that | 24 | | the purchase of alcoholic liquors will be a tax-exempt
| 25 | | purchase, or (C) a statement that the applicant is not | 26 | | registered under
Section 2a of the Retailers' Occupation Tax |
| | | HB3450 | - 5 - | LRB097 08792 ASK 48922 b |
|
| 1 | | Act, does not hold a resale
number under Section 2c of the | 2 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 3 | | number under Section 1g of the Retailers' Occupation
Tax Act.
| 4 | | The applicant shall also submit proof of adequate dram shop
| 5 | | insurance for the special event prior to being issued a | 6 | | license.
| 7 | | In addition to the foregoing information, such application | 8 | | shall
contain such other and further information as the State | 9 | | Commission and
the local commission may, by rule or regulation | 10 | | not inconsistent with
law, prescribe.
| 11 | | If the applicant reports a felony conviction as required | 12 | | under
paragraph (21) of this Section, such conviction may be | 13 | | considered by the
Commission in determining qualifications for | 14 | | licensing, but shall not
operate as a bar to licensing.
| 15 | | If said application is made in behalf of a partnership, | 16 | | firm,
association, club or corporation, then the same shall be | 17 | | signed by one
member of such partnership or the president or
| 18 | | secretary of
such corporation or an authorized agent of said
| 19 | | partnership or corporation.
| 20 | | All other applications shall be on forms prescribed by
the | 21 | | State Commission, and which may exclude any of the above | 22 | | requirements which
the State Commission rules to be | 23 | | inapplicable.
| 24 | | (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
| 25 | | (235 ILCS 5/7-15 new) |
| | | HB3450 | - 6 - | LRB097 08792 ASK 48922 b |
|
| 1 | | Sec. 7-15. License renewal notification. Beginning on | 2 | | January 1, 2012, the State Commission shall send, through | 3 | | electronic mail, all licensees a reminder of the date each | 4 | | State license expires. The State Commission shall notify each | 5 | | licensee through electronic mail 30 days prior to the | 6 | | expiration date of his or her license. The State Commission is | 7 | | not required to comply with this Section if the licensee does | 8 | | not provide the State Commission his or her electronic mail | 9 | | address.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|