Full Text of SB0724 98th General Assembly
SB0724sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 724
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 724 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 Sections 4-2 and 6-2 as follows:
| 6 | | (235 ILCS 5/4-2) (from Ch. 43, par. 111)
| 7 | | Sec. 4-2. The mayor or president of the board of trustees | 8 | | of each city,
village or incorporated town or his or her | 9 | | designee, and the president or chairman of the county
board or | 10 | | his or her designee, shall be the local liquor control | 11 | | commissioner for their respective
cities, villages, | 12 | | incorporated towns and counties, and shall be charged
with the | 13 | | administration in their respective jurisdictions of the
| 14 | | appropriate provisions of this Act and of such ordinances and | 15 | | resolutions
relating to alcoholic liquor as may be enacted; but | 16 | | the authority of the
president or chairman of the county board |
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| 1 | | or his or her designee shall extend only to that area in
any | 2 | | county which lies outside the corporate limits of the cities, | 3 | | villages
and incorporated towns therein and those areas which | 4 | | are owned by the
county and are within the corporate limits of | 5 | | the cities, villages and
incorporated towns with a population | 6 | | of less than 1,000,000, however, such
county shall comply with | 7 | | the operating rules of the municipal ordinances
affected when | 8 | | issuing their own licenses.
| 9 | | However, such mayor, president of the board of trustees or | 10 | | president or
chairman of the county board or his or her | 11 | | designee may appoint a person or persons to assist him
in the | 12 | | exercise of the powers and the performance of the duties herein
| 13 | | provided for such local liquor control commissioner. | 14 | | Notwithstanding any other provision of this Section to the | 15 | | contrary, the mayor of a city with a population of 55,000 | 16 | | 50,000 or less or the president of a village with a population | 17 | | of 55,000 50,000 or less that has an interest in the | 18 | | manufacture, sale, or distribution of alcoholic liquor must | 19 | | direct the council or board over which he or she presides to | 20 | | appoint, by majority vote, a person other than him or her to | 21 | | serve as the local liquor control commissioner. The appointment | 22 | | must be made within 30 days from the day on which the mayor or | 23 | | president takes office, and the mayor or president cannot make | 24 | | nominations or serve any other role in the appointment. To | 25 | | prevent any conflict of interest, the mayor or president with | 26 | | the interest in the manufacture, sale, or distribution of |
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| 1 | | alcoholic liquor shall not participate in any meetings, | 2 | | hearings, or decisions on matters impacting the manufacture, | 3 | | sale, or distribution of alcoholic liquor. Further, the | 4 | | appointee (i) shall be an attorney with an active license to | 5 | | practice law in the State of Illinois, (ii) shall not legally | 6 | | represent liquor license applicants or holders before the | 7 | | jurisdiction over which he or she presides as local liquor | 8 | | control commissioner or before an adjacent jurisdiction, (iii) | 9 | | shall not have an interest in the manufacture, sale, or | 10 | | distribution of alcoholic liquor, and (iv) shall not be | 11 | | appointed to a term to exceed the term of the mayor, president, | 12 | | or members of the council or board.
| 13 | | (Source: P.A. 97-1059, eff. 8-24-12.)
| 14 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 15 | | Sec. 6-2. Issuance of licenses to certain persons | 16 | | prohibited.
| 17 | | (a) Except as otherwise provided in subsection (b) of this | 18 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 19 | | no license
of any kind issued by the State Commission or any | 20 | | local
commission shall be issued to:
| 21 | | (1) A person who is not a resident of any city, village | 22 | | or county in
which the premises covered by the license are | 23 | | located; except in case of
railroad or boat licenses.
| 24 | | (2) A person who is not of good character and | 25 | | reputation in the
community in which he resides.
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| 1 | | (3) A person who is not a citizen of the United States.
| 2 | | (4) A person who has been convicted of a felony under | 3 | | any Federal or
State law, unless the Commission determines | 4 | | that such
person has been sufficiently rehabilitated to | 5 | | warrant the public trust
after considering matters set | 6 | | forth in such person's application and the
Commission's | 7 | | investigation. The burden of proof of sufficient
| 8 | | rehabilitation shall be on the applicant.
| 9 | | (5) A person who has been convicted of keeping a place | 10 | | of prostitution or keeping a place of juvenile | 11 | | prostitution, promoting prostitution that involves keeping | 12 | | a place of prostitution, or promoting juvenile | 13 | | prostitution that involves keeping a place of juvenile | 14 | | prostitution.
| 15 | | (6) A person who has been convicted of pandering or | 16 | | other crime or
misdemeanor opposed to decency and morality.
| 17 | | (7) A person whose license issued under this Act has | 18 | | been revoked for
cause.
| 19 | | (8) A person who at the time of application for renewal | 20 | | of any license
issued hereunder would not be eligible for | 21 | | such license upon a first
application.
| 22 | | (9) A copartnership, if any general partnership | 23 | | thereof, or any
limited partnership thereof, owning more | 24 | | than 5% of the aggregate limited
partner interest in such | 25 | | copartnership would not be eligible to receive a
license | 26 | | hereunder for any reason other than residence within the |
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| 1 | | political
subdivision, unless residency is required by | 2 | | local ordinance.
| 3 | | (10) A corporation or limited liability company, if any | 4 | | member, officer, manager or director thereof, or
any | 5 | | stockholder or stockholders owning in the aggregate more | 6 | | than 5% of the
stock of such corporation, would not be | 7 | | eligible to receive a license
hereunder for any reason | 8 | | other than citizenship and residence within the
political | 9 | | subdivision.
| 10 | | (10a) A corporation or limited liability company | 11 | | unless it is incorporated or organized in Illinois, or | 12 | | unless it
is a foreign corporation or foreign limited | 13 | | liability company which is qualified under the Business
| 14 | | Corporation Act of 1983 or the Limited Liability Company | 15 | | Act to transact business in Illinois. The Commission shall | 16 | | permit and accept from an applicant for a license under | 17 | | this Act proof prepared from the Secretary of State's | 18 | | website that the corporation or limited liability company | 19 | | is in good standing and is qualified under the Business
| 20 | | Corporation Act of 1983 or the Limited Liability Company | 21 | | Act to transact business in Illinois.
| 22 | | (11) A person whose place of business is conducted by a | 23 | | manager or agent
unless the manager or agent possesses the | 24 | | same qualifications required by
the licensee.
| 25 | | (12) A person who has been convicted of a violation of | 26 | | any Federal or
State law concerning the manufacture, |
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| 1 | | possession or sale of alcoholic
liquor, subsequent to the | 2 | | passage of this Act or has forfeited his bond to
appear in | 3 | | court to answer charges for any such violation.
| 4 | | (13) A person who does not beneficially own the | 5 | | premises for which a
license is sought, or does not have a | 6 | | lease thereon for the full period for
which the license is | 7 | | to be issued.
| 8 | | (14) Any law enforcing public official, including | 9 | | members
of local liquor control commissions,
any mayor, | 10 | | alderman, or member of the
city council or commission, any | 11 | | president of the village board of trustees,
any member of a | 12 | | village board of trustees, or any president or member of a
| 13 | | county board; and no such official shall have a direct | 14 | | interest in the
manufacture, sale, or distribution of | 15 | | alcoholic liquor, except that a
license
may be granted to | 16 | | such official in relation to premises that are
not
located | 17 | | within the territory subject to the jurisdiction of that | 18 | | official
if the issuance of such license is approved by the | 19 | | State Liquor Control
Commission
and except that a license | 20 | | may be granted, in a city or village with a
population of | 21 | | 55,000 50,000 or less, to any alderman, member of a city | 22 | | council, or
member of a village board of trustees in | 23 | | relation to premises that are located
within the territory
| 24 | | subject to the jurisdiction of that official if (i) the | 25 | | sale of alcoholic
liquor pursuant to the license is | 26 | | incidental to the selling of food, (ii) the
issuance of the |
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| 1 | | license is approved by the State Commission, (iii) the
| 2 | | issuance of the license is in accordance with all | 3 | | applicable local ordinances
in effect where the premises | 4 | | are located, and (iv) the official granted a
license does | 5 | | not vote on alcoholic liquor issues pending before the | 6 | | board or
council to which the license holder is elected. | 7 | | Notwithstanding any provision of this paragraph (14) to the | 8 | | contrary, an alderman or member of a city council or | 9 | | commission, a member of a village board of trustees other | 10 | | than the president of the village board of trustees, or a | 11 | | member of a county board other than the president of a | 12 | | county board may have a direct interest in the manufacture, | 13 | | sale, or distribution of alcoholic liquor as long as he or | 14 | | she is not a law enforcing public official, a mayor, a | 15 | | village board president, or president of a county board. To | 16 | | prevent any conflict of interest, the elected official with | 17 | | the direct interest in the manufacture, sale, or | 18 | | distribution of alcoholic liquor shall not participate in | 19 | | any meetings, hearings, or decisions on matters impacting | 20 | | the manufacture, sale, or distribution of alcoholic | 21 | | liquor. Furthermore, the mayor of a city with a population | 22 | | of 55,000 50,000 or less or the president of a village with | 23 | | a population of 55,000 50,000 or less may have an interest | 24 | | in the manufacture, sale, or distribution of alcoholic | 25 | | liquor as long as the council or board over which he or she | 26 | | presides has made a local liquor control commissioner |
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| 1 | | appointment that complies with the requirements of Section | 2 | | 4-2 of this Act.
| 3 | | (15) A person who is not a beneficial owner of the | 4 | | business to be
operated by the licensee.
| 5 | | (16) A person who has been convicted of a gambling | 6 | | offense as
proscribed by any of subsections (a) (3) through | 7 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 8 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 9 | | Criminal Code of 2012, or as proscribed by a
statute
| 10 | | replaced by any of the aforesaid statutory provisions.
| 11 | | (17) A person or entity to whom a federal wagering | 12 | | stamp has been
issued by the
federal government, unless the | 13 | | person or entity is eligible to be issued a
license under | 14 | | the Raffles Act or the Illinois Pull Tabs and Jar Games | 15 | | Act.
| 16 | | (18) A person who intends to sell alcoholic liquors for | 17 | | use or
consumption on his or her licensed retail premises | 18 | | who does not have liquor
liability insurance coverage for | 19 | | that premises in an amount that is at least
equal to the | 20 | | maximum liability amounts set out in subsection (a) of | 21 | | Section
6-21.
| 22 | | (b) A criminal conviction of a corporation is not grounds | 23 | | for the
denial, suspension, or revocation of a license applied | 24 | | for or held by the
corporation if the criminal conviction was | 25 | | not the result of a violation of any
federal or State law | 26 | | concerning the manufacture, possession or sale of
alcoholic |
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| 1 | | liquor, the offense that led to the conviction did not result | 2 | | in any
financial gain to the corporation and the corporation | 3 | | has terminated its
relationship with each director, officer, | 4 | | employee, or controlling shareholder
whose actions directly | 5 | | contributed to the conviction of the corporation. The
| 6 | | Commission shall determine if all provisions of this subsection | 7 | | (b) have been
met before any action on the corporation's | 8 | | license is initiated.
| 9 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1059, eff. 8-24-12; | 10 | | 97-1150, eff. 1-25-13.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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