Full Text of HB5288 97th General Assembly
HB5288ham001 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/19/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5288
| 2 | | AMENDMENT NO. ______. Amend House Bill 5288 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 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 | 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;
| 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 |
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| 1 | | of a foreign corporation, the State where
it was | 2 | | incorporated and the date of its becoming qualified under | 3 | | the Business
Corporation Act of 1983 to transact business | 4 | | in the State of Illinois;
| 5 | | (5) The number, the date of issuance and the date of | 6 | | expiration of
the applicant's current local retail liquor | 7 | | license;
| 8 | | (6) The name of the city, village, or county that | 9 | | issued the local
retail liquor license;
| 10 | | (7) The name and address of the landlord if the | 11 | | premises are leased;
| 12 | | (8) The date of the applicant's first request for a | 13 | | State liquor
license and whether it was granted, denied or | 14 | | withdrawn;
| 15 | | (9) The address of the applicant when the first | 16 | | application for a
State liquor license was made;
| 17 | | (10) The applicant's current State liquor license | 18 | | number;
| 19 | | (11) The date the applicant began liquor sales at his | 20 | | place of business;
| 21 | | (12) The address of the applicant's warehouse if he | 22 | | warehouses liquor;
| 23 | | (13) The applicant's Retailer's Occupation Tax (ROT) | 24 | | Registration Number;
| 25 | | (14) The applicant's document locater number on his | 26 | | Federal Special
Tax Stamp;
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| 1 | | (15) Whether the applicant is delinquent in the payment | 2 | | of the
Retailer's Occupational Tax (Sales Tax), and if so, | 3 | | the reasons therefor;
| 4 | | (16) Whether the applicant is delinquent under the cash | 5 | | beer law,
and if so, the reasons therefor;
| 6 | | (17) In the case of a retailer, whether he is | 7 | | delinquent under the
30 day credit law, and if so, the | 8 | | reasons therefor;
| 9 | | (18) In the case of a distributor, whether he is | 10 | | delinquent under
the 15 day credit law, and if so, the | 11 | | reasons therefor;
| 12 | | (19) Whether the applicant has made an application for | 13 | | a liquor
license which has been denied, and if so, the | 14 | | reasons therefor;
| 15 | | (20) Whether the applicant has ever had any previous | 16 | | liquor license suspended or revoked, and if so, the reasons | 17 | | therefor;
| 18 | | (21) Whether the applicant has ever been convicted of a | 19 | | gambling
offense or felony, and if so, the particulars | 20 | | thereof;
| 21 | | (22) Whether the applicant possesses a current Federal | 22 | | Wagering Stamp,
and if so, the reasons therefor;
| 23 | | (23) Whether the applicant, or any other person, | 24 | | directly in his place
of business is a public official, and | 25 | | if so, the particulars thereof;
| 26 | | (24) The applicant's name, sex, date of birth, social |
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| 1 | | security
number, position and percentage of ownership in | 2 | | the business; and the
name, sex, date of birth, social | 3 | | security number, position and
percentage of ownership in | 4 | | the business of every sole owner, partner,
corporate | 5 | | officer, director, manager and any person who owns 5% or | 6 | | more
of the shares of the applicant business entity or | 7 | | parent corporations of
the applicant business entity; and
| 8 | | (25) That he has not received or borrowed money or | 9 | | anything else of
value, and that he will not receive or | 10 | | borrow money or anything else of
value (other than | 11 | | merchandising credit in the ordinary course of
business for | 12 | | a period not to exceed 30 90 days as herein expressly
| 13 | | permitted under Section 6-5 hereof), directly or
| 14 | | indirectly, from any manufacturer, importing distributor | 15 | | or
distributor or from any representative of any such | 16 | | manufacturer,
importing distributor or distributor, nor be | 17 | | a party in
any way, directly or indirectly, to any | 18 | | violation by a manufacturer,
distributor or importing | 19 | | distributor of Section 6-6 of this Act.
| 20 | | In addition to any other requirement of this Section, an | 21 | | applicant for any manufacturer's license under subsection (a) | 22 | | of Section 5-1 shall also submit information that discloses | 23 | | whether the applicant, its subsidiary, affiliate, or any | 24 | | officer, associate, member, or partner currently holds any | 25 | | license, or holds more than a 5% interest in an entity that | 26 | | holds any license, issued by the State Commission under Section |
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| 1 | | 5-1 of this Act. | 2 | | In addition to any other requirement of this Section, an | 3 | | applicant for
a special use permit license and a special event | 4 | | retailer's license shall
also submit (A) proof satisfactory to | 5 | | the Commission that the applicant
has a resale number issued | 6 | | under Section 2c of the Retailer's Occupation Tax
Act or that | 7 | | the applicant is registered under Section 2a of the Retailer's
| 8 | | Occupation Tax Act, (B) proof satisfactory to the Commission | 9 | | that the
applicant has a current, valid exemption | 10 | | identification number issued under
Section 1g of the Retailers' | 11 | | Occupation Tax Act and a certification to the
Commission that | 12 | | the purchase of alcoholic liquors will be a tax-exempt
| 13 | | purchase, or (C) a statement that the applicant is not | 14 | | registered under
Section 2a of the Retailers' Occupation Tax | 15 | | Act, does not hold a resale
number under Section 2c of the | 16 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 17 | | number under Section 1g of the Retailers' Occupation
Tax Act.
| 18 | | The applicant shall also submit proof of adequate dram shop
| 19 | | insurance for the special event prior to being issued a | 20 | | license.
| 21 | | In addition to the foregoing information, such application | 22 | | shall
contain such other and further information as the State | 23 | | Commission and
the local commission may, by rule or regulation | 24 | | not inconsistent with
law, prescribe.
| 25 | | If the applicant reports a felony conviction as required | 26 | | under
paragraph (21) of this Section, such conviction may be |
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| 1 | | considered by the
Commission in determining qualifications for | 2 | | licensing , but shall not
operate as a bar to licensing .
| 3 | | If said application is made in behalf of a partnership, | 4 | | firm,
association, club or corporation, then the same shall be | 5 | | signed by one
member of such partnership or the president or
| 6 | | secretary of
such corporation or an authorized agent of said
| 7 | | partnership or corporation.
| 8 | | All other applications shall be on forms prescribed by
the | 9 | | State Commission, and which may exclude any of the above | 10 | | requirements which
the State Commission rules to be | 11 | | inapplicable.
| 12 | | (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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