Full Text of SB1166 101st General Assembly
SB1166enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by adding Section 5-725 as follows: | 6 | | (20 ILCS 5/5-725 new) | 7 | | Sec. 5-725. Licensure; immigration status. Except as | 8 | | otherwise provided by law, no department may deny an | 9 | | occupational or professional license based solely on the | 10 | | applicant's citizenship status or immigration status. The | 11 | | General Assembly finds and declares that this Section is a | 12 | | State law within the meaning of subsection (d) of Section 1621 | 13 | | of Title 8 of the United States Code. Nothing in this Section | 14 | | shall affect the requirements to obtain a license that are not | 15 | | directly related to citizenship status or immigration status. | 16 | | Nothing in this Section shall be construed to grant eligibility | 17 | | for obtaining any public benefit other than a license. | 18 | | Section 10. The Illinois Explosives Act is amended by | 19 | | changing Section 2005 as follows:
| 20 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| 21 | | Sec. 2005. Qualifications for licensure. |
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| 1 | | (a) No person shall qualify to hold a license who: | 2 | | (1) is under 21 years of age; | 3 | | (2) has been convicted in any court of a crime | 4 | | punishable by imprisonment for a term exceeding one year; | 5 | | (3) is under indictment for a crime punishable by | 6 | | imprisonment for a term exceeding one year; | 7 | | (4) is a fugitive from justice; | 8 | | (5) is an unlawful user of or addicted to any | 9 | | controlled substance as defined in Section 102 of the | 10 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | 11 | | seq.); | 12 | | (6) has been adjudicated a person with a mental | 13 | | disability as defined in Section 1.1 of the Firearm Owners | 14 | | Identification Card Act; or | 15 | | (7) is not a legal citizen of the United States or | 16 | | lawfully admitted for permanent residence . | 17 | | (b) A person who has been granted a "relief from | 18 | | disabilities" regarding criminal convictions and indictments, | 19 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | 20 | | 845) may receive a license provided all other qualifications | 21 | | under this Act are met.
| 22 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 23 | | Section 15. The Illinois Plumbing License Law is amended by | 24 | | changing Sections 10 and 17 as follows:
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| 1 | | (225 ILCS 320/10) (from Ch. 111, par. 1109)
| 2 | | Sec. 10.
(1) An applicant for a plumber's license shall | 3 | | file a written
application in the office of the Department on | 4 | | the form designated by the
Department at least 30 days before | 5 | | the date set by the Department for the
examination.
| 6 | | (2) The Director shall promptly approve the application for | 7 | | examination if:
| 8 | | (a) the required application fee has been paid, and
| 9 | | (b) (blank), and the applicant has submitted evidence | 10 | | that he or she is a citizen
of the United States or has | 11 | | declared his or her intention to become a
citizen, and
| 12 | | (c) the applicant has submitted evidence that he or she | 13 | | has completed
at least a 2 year course of study in a high | 14 | | school, or an equivalent
course of study, and
| 15 | | (d) the applicant has been employed as an Illinois | 16 | | licensed apprentice
plumber under supervision in | 17 | | accordance with this Act for at least 4 years
preceding the | 18 | | date of application and has submitted evidence that he or | 19 | | she
has worked at the plumbing trade in accordance with | 20 | | this Act for the 4 year
Illinois licensed apprentice | 21 | | plumber apprenticeship period, or
| 22 | | (e) the applicant has submitted evidence that he or she | 23 | | has
successfully completed an approved course of | 24 | | instruction in plumbing supervised directly by an Illinois | 25 | | licensed plumber in
colleges, universities, or trade | 26 | | schools.
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| 1 | | (3) If the application for examination is approved, the | 2 | | Department shall
promptly notify the applicant in writing of | 3 | | such approval and of the place
and time of the examination. If | 4 | | the application is disapproved, the Department
shall promptly | 5 | | notify the applicant in writing of such disapproval, stating
| 6 | | the reasons for disapproval.
| 7 | | (4) If an applicant neglects, fails or refuses to take an | 8 | | examination
for license under this Act, the application is | 9 | | denied. However, such
applicant may submit a new application | 10 | | for examination, accompanied by the
required application fee. | 11 | | Application fees for examination for a plumber's
license are | 12 | | not refundable.
| 13 | | (Source: P.A. 99-504, eff. 1-1-17 .)
| 14 | | (225 ILCS 320/17) (from Ch. 111, par. 1116)
| 15 | | Sec. 17.
(a)
Upon the payment of the required fee, an | 16 | | applicant who is a plumber,
registered or licensed in another | 17 | | state, or municipality, may, without examination,
be granted a | 18 | | license as a licensed plumber by the Department provided:
| 19 | | (1) that the applicant is at least twenty-one years of | 20 | | age and is a citizen
of the United States, or has declared | 21 | | his
intention to become a citizen , and
| 22 | | (2) that the Board finds that the requirements for the | 23 | | registration or
licensing of plumbers in such other state | 24 | | or municipality,
were, at the date of the registration or | 25 | | license,
substantially equal to the requirements then in |
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| 1 | | force in this State, and
provided that the same privilege | 2 | | of registration is accorded by said state or
municipality, | 3 | | to licensed plumbers in the
State of Illinois.
| 4 | | (b) A plumber licensed or registered as a plumber by | 5 | | another state or municipality,
whose license requirements are | 6 | | substantially equal
to the requirements for an Illinois | 7 | | Plumber's license, and such governmental unit,
does not have a | 8 | | reciprocal agreement with the State of Illinois, may apply for | 9 | | and be
issued an Illinois Plumber's license provided that the | 10 | | applicant successfully passes the
Illinois plumber's | 11 | | examination and pays the required fees.
| 12 | | (Source: P.A. 79-1000.)
| 13 | | Section 20. The Water Well and Pump Installation | 14 | | Contractor's License Act is amended by changing Section 9 as | 15 | | follows:
| 16 | | (225 ILCS 345/9) (from Ch. 111, par. 7110)
| 17 | | (Section scheduled to be repealed on January 1, 2022)
| 18 | | Sec. 9.
Applications for a license, or for renewal thereof, | 19 | | and applications
for examination shall be made to the | 20 | | Department in writing and under
oath or affirmation, upon forms | 21 | | prescribed and furnished by the
Department. Such applications | 22 | | shall contain such information as the
Department deems | 23 | | necessary in order to carry out the provisions of this
Act.
| 24 | | The Department shall issue a Water Well Contractor's |
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| 1 | | license, a Water
Well Pump Installation Contractor's license, | 2 | | or a Water Well and Pump
Installation Contractor's license to | 3 | | any applicant therefor who:
| 4 | | (a) is at least 18 years of age,
| 5 | | (b) (blank), is a citizen of the United States or has | 6 | | declared his intention
to become a citizen of the United | 7 | | States,
| 8 | | (c) possesses a good moral character,
| 9 | | (d) has had the required experience as follows:
| 10 | | (1) an applicant for a water well contractor's | 11 | | license shall have
worked two years under the | 12 | | supervision of a licensed water well
contractor,
| 13 | | (2) an applicant for a water well pump installation | 14 | | contractor's
license shall have worked two years under | 15 | | the supervision of a licensed
water well pump | 16 | | installation contractor or in the case of those
| 17 | | applicants whose experience was gained prior to | 18 | | January 1, 1972, under
the supervision of a contractor | 19 | | who was engaged in water well pump
installation,
| 20 | | (3) an applicant for a water well and pump | 21 | | installation contractor's
license shall have worked | 22 | | two years for a licensed water well and pump
| 23 | | installation contractor and the applicant shall show | 24 | | evidence
satisfactory to the Department that he was | 25 | | engaged in both water well
contracting and pump | 26 | | installing during the two year period. For those
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| 1 | | applicants who gained their experience prior to | 2 | | January 1, 1972, it
shall be sufficient for them to | 3 | | show that they worked under the
supervision of a | 4 | | licensed water well contractor who was engaged in pump
| 5 | | installation and that they did work in both fields.
| 6 | | (e) has made a satisfactory grade on the examination | 7 | | for the
particular license for which he is applying.
| 8 | | (f) has paid the fee provided by statute.
| 9 | | Such licenses shall be serially numbered, shall be signed | 10 | | by the
Director and issued under the seal of the Department.
| 11 | | (Source: P.A. 81-791 .)
| 12 | | Section 25. The Illinois Horse Meat Act is amended by | 13 | | changing Section 3.2 as follows:
| 14 | | (225 ILCS 635/3.2) (from Ch. 56 1/2, par. 242.2)
| 15 | | Sec. 3.2. The following persons are ineligible for | 16 | | licenses:
| 17 | | a. A person who is not a resident of the city, village | 18 | | or county in
which the premises covered by the license are | 19 | | located; except in case of
railroad or boat licenses.
| 20 | | b. A person who is not of good character and reputation | 21 | | in the community
in which he resides.
| 22 | | c. (Blank). A person who is not a citizen of the United | 23 | | States.
| 24 | | d. A person with a prior conviction of a felony or a |
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| 1 | | misdemeanor that is directly related to the practice of the | 2 | | profession where such conviction will impair the person's | 3 | | ability to engage in the licensed position.
| 4 | | e. (Blank).
| 5 | | f. A person whose license issued under this Act has | 6 | | been revoked for
cause.
| 7 | | g. A person who at the time of application for renewal | 8 | | of any license
issued hereunder would not be eligible for | 9 | | such license upon a first
application.
| 10 | | h. A co-partnership, unless all of the members of such | 11 | | co-partnership
shall be qualified to obtain a license.
| 12 | | i. A corporation, if any officer, manager or director | 13 | | thereof or any
stockholder or stockholders owning in the | 14 | | aggregate more than five percent
(5%) of the stock of such | 15 | | corporation, would not be eligible to receive a
license | 16 | | hereunder for any reason other than citizenship and | 17 | | residence
within the political subdivision.
| 18 | | j. A person whose place of business is conducted by a | 19 | | manager or agent
unless said manager or agent possesses the | 20 | | same qualifications required of
the licensee.
| 21 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 22 | | Section 30. The Coal Mining Act is amended by changing | 23 | | Sections 4.01, 5.01, 6.01, 7.02, 7.04, 27.01, 27.02, 32.02, and | 24 | | 32.03 as follows:
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| 1 | | (225 ILCS 705/4.01) (from Ch. 96 1/2, par. 401)
| 2 | | Sec. 4.01.
Each applicant for a certificate of competency | 3 | | as State Mine
Inspector shall produce evidence satisfactory to | 4 | | the Mining Board that he
is a resident citizen of this State, | 5 | | at least thirty years of age; that he has had a
practical | 6 | | mining experience of ten years, of which at least two years | 7 | | shall
have been in the State of Illinois, and that he is a man | 8 | | of good repute and
temperate habits; and that he has a first | 9 | | class mine manager's certificate.
He shall pass an examination | 10 | | as to his practical and technological knowledge
of mine | 11 | | appliances; of the proper development and operation of coal | 12 | | mines; of ventilation in mines; of the nature and properties of
| 13 | | mine gases; of first aid to the injured and of mine rescue | 14 | | methods and
appliances, as prescribed by the Department of | 15 | | Natural Resources; of the geology of coal measures in
this | 16 | | State; and of the laws of this State relating to coal mines.
| 17 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 18 | | (225 ILCS 705/5.01) (from Ch. 96 1/2, par. 501)
| 19 | | Sec. 5.01.
Each applicant for a certificate of competency | 20 | | as mine manager
shall produce evidence satisfactory of the | 21 | | Mining Board that he is a
citizen of the United States or | 22 | | lawfully admitted for permanent residence , at least 23 years of | 23 | | age; that he
has had at least 4 years' practical underground | 24 | | mining experience; has been issued a Certificate of Competency | 25 | | as Mine Examiner, or its equivalent
issued by another state; |
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| 1 | | and
that he has
satisfactorily completed a course of | 2 | | instruction in first aid to the
injured and mine rescue methods | 3 | | and appliances prescribed by the
Department; and that he is a | 4 | | man of good repute and temperate habits. He
shall also pass | 5 | | such examination as to his experience in mines and in the
| 6 | | management of men; his knowledge of mine machinery and | 7 | | appliances; the use
of surveying and other instruments used in | 8 | | mining; the properties of mine
gases; the principles of | 9 | | ventilation; and the legal duties and
responsibilities of mine | 10 | | managers, as shall be prescribed by the rules of
the Mining | 11 | | Board.
| 12 | | Persons who have graduated and hold a degree in
engineering | 13 | | or an approved 4-year program in coal mining technology from an | 14 | | accredited
school, college or university are
required to have | 15 | | only 2 years' practical underground mining experience
to | 16 | | qualify for the examination for a Certificate of Competency.
| 17 | | Persons who have graduated and hold a two-year Associate
in | 18 | | Applied Science Degree in Coal Mining Technology from an
| 19 | | accredited school, college or university are required to have
| 20 | | only 3 years' practical underground mining experience to | 21 | | qualify
for the examination for a Certificate of Competency.
| 22 | | (Source: P.A. 79-876.)
| 23 | | (225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)
| 24 | | Sec. 6.01.
Each applicant for a certificate of competency | 25 | | as mine examiner
shall produce evidence satisfactory to the |
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| 1 | | Mining Board that he is a
citizen of the United States or | 2 | | lawfully admitted for permanent residence , at least 21 years of | 3 | | age and of good
repute and temperate habits and that he has had | 4 | | at least 4 years
practical underground mining experience,
and | 5 | | has been issued a First Class Certificate of Competency by the
| 6 | | Department of Natural Resources.
He shall pass an examination | 7 | | as to his
experience in mines generating dangerous gases, his | 8 | | practical and
technological knowledge of the nature and | 9 | | properties of mine gases, the laws
of ventilation, the | 10 | | structures and use of multi-gas detectors, and the laws of
this | 11 | | State relating to safeguards against fires from any source in | 12 | | mines.
He shall also submit to the Mining Board satisfactory | 13 | | evidence that he has
completed a course of training in first | 14 | | aid to the injured and mine rescue
methods and appliances | 15 | | prescribed by the Department. Persons who
have graduated and | 16 | | hold a degree in engineering or an approved 4-year program
in | 17 | | coal mining technology
from an accredited
school, college, or | 18 | | university, are required to have only 2 years of
practical | 19 | | underground mining experience to qualify for the examination | 20 | | for a
certificate of competency.
| 21 | | Persons who have graduated and hold a two-year Associate in | 22 | | Applied
Science Degree in Coal Mining Technology from an | 23 | | accredited school, college
or university are required to have | 24 | | only 3 years' practical underground
mining experience to | 25 | | qualify for the examination for a Certificate of
Competency as | 26 | | a Mine Examiner.
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| 1 | | (Source: P.A. 99-538, eff. 1-1-17 .)
| 2 | | (225 ILCS 705/7.02) (from Ch. 96 1/2, par. 702)
| 3 | | Sec. 7.02.
Each applicant for a certificate of competency | 4 | | as electrical
hoisting engineer shall produce evidence | 5 | | satisfactory to the Mining Board
that he is a citizen of the | 6 | | United States or lawfully admitted for permanent residence , at | 7 | | least 21 years of age, that
he has had two years' experience | 8 | | with electrical hoisting equipment, or
has completed a training | 9 | | course in operation and maintenance of electrical
hoisting | 10 | | machinery approved by the Mining Board and is of good repute | 11 | | and
temperate habits. He shall pass an examination as to his | 12 | | practical and technical
knowledge of the construction of same, | 13 | | the care and adjustment of electrical
hoisting engines, the | 14 | | management and efficiency of electric pumps, ropes
and winding | 15 | | apparatus and as to his knowledge of the laws of this State
in | 16 | | relation to signals and the hoisting and lowering of men at | 17 | | mines.
| 18 | | (Source: P.A. 79-876.)
| 19 | | (225 ILCS 705/7.04) (from Ch. 96 1/2, par. 704)
| 20 | | Sec. 7.04.
The Mining Board may grant a permit to operate a | 21 | | second motion
engine, or internal combustion engine, at any | 22 | | mine employing not more than
10 men, to any person recommended | 23 | | to the Mining Board by the State Mine
Inspector of the | 24 | | district. The applicant for such permit shall have filed
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| 1 | | the Mining Board satisfactory evidence that he is a citizen of | 2 | | the
United States or lawfully admitted for permanent residence , | 3 | | that he has had at least one year of experience in operating
a | 4 | | steam engine, steam boiler, or internal combustion engine and | 5 | | understands
the handling and care of the same. Such application | 6 | | shall be accompanied by
a statement from at least three persons | 7 | | who will testify from their
personal knowledge of the applicant | 8 | | that he is a man of good repute and
personal habits, and that | 9 | | he has, in their judgment, a knowledge of and
experience in | 10 | | handling boilers and engines as required in this section.
Such | 11 | | permit shall apply only to the mine for which it was issued, | 12 | | and for a
period not to exceed one year, except such permit, | 13 | | when it expires, may be
renewed by the Mining Board from year | 14 | | to year if the person holding same
requests renewal, and | 15 | | certifies by sworn statement that all the
circumstances and | 16 | | conditions are the same as when said permit was
originally | 17 | | issued.
| 18 | | (Source: Laws 1957, p. 2413.)
| 19 | | (225 ILCS 705/27.01) (from Ch. 96 1/2, par. 2701)
| 20 | | Sec. 27.01.
In all mines in this State which are classified | 21 | | as gassy by the
State Mine Inspector, and where coal is broken | 22 | | down by the use of
explosives, a sufficient number of first | 23 | | class miners, who are citizens of
the United States or lawfully | 24 | | admitted for permanent residence and able to speak and | 25 | | understand the American Language ,
shall be designated and |
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| 1 | | employed as drillers and shooters or shot firers.
The duties of | 2 | | the drillers and shooters or shot firers shall be to prepare
| 3 | | permissible explosives for breaking down coal in a safe, | 4 | | practical and
workmanlike manner, and to fire or detonate the | 5 | | same.
| 6 | | (Source: Laws 1953, p. 701.)
| 7 | | (225 ILCS 705/27.02) (from Ch. 96 1/2, par. 2702)
| 8 | | Sec. 27.02.
In all mines in this State which are classified | 9 | | as non-gassy by
the State Mine Inspector, and where coal is | 10 | | broken down by the use of
explosives, a sufficient number of | 11 | | first-class miners, who are citizens of
the United States or | 12 | | lawfully admitted for permanent residence and able to speak and | 13 | | understand the American language ,
shall be designated and | 14 | | employed as drillers and shooters or as shot
firers. The duties | 15 | | of the drillers and shooters or shot firers shall be to
prepare | 16 | | permissible explosives for breaking down coal in a safe, | 17 | | practical
and workmanlike manner, and to fire or detonate the | 18 | | same.
| 19 | | (Source: Laws 1953, p. 701.)
| 20 | | (225 ILCS 705/32.02) (from Ch. 96 1/2, par. 3202)
| 21 | | Sec. 32.02.
The person authorized to weigh the coal and | 22 | | keep the record
thereof shall be a citizen of the United States | 23 | | or lawfully admitted for permanent residence , and shall, before | 24 | | entering
upon his duties, make and subscribe to an oath before |
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| 1 | | some person duly
authorized to administer oaths, that he will | 2 | | accurately weigh and carefully
keep a true record of all coal | 3 | | weighed, and such affidavit shall be kept
conspicuously posted | 4 | | at the place of weighing.
| 5 | | (Source: Laws 1953, p. 701.)
| 6 | | (225 ILCS 705/32.03) (from Ch. 96 1/2, par. 3203)
| 7 | | Sec. 32.03.
The miners at work in any coal mine may employ | 8 | | a check weighman
at their option and at their own expense, | 9 | | whose duty it shall be to balance
the scales and see that the | 10 | | coal is properly weighed, and that a correct
account of the | 11 | | same is kept, and for this purpose he shall have access at
all | 12 | | times to the beam box of the scales, and be afforded every | 13 | | facility for
verifying the weights while the weighing is being | 14 | | done. The check weighman
so employed by the miners shall be a | 15 | | citizen of the United States or lawfully admitted for permanent | 16 | | residence , and ,
before entering upon his duties, shall make and | 17 | | subscribe to an oath , before
some person duly authorized to | 18 | | administer oaths, that he will faithfully
discharge his duties | 19 | | as check weighman, and such oath shall be kept
conspicuously | 20 | | posted at the place of weighing.
| 21 | | (Source: Laws 1953, p. 701.)
| 22 | | Section 35. The Liquor Control Act of 1934 is amended by | 23 | | changing Section 6-2 as follows:
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| 1 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 2 | | Sec. 6-2. Issuance of licenses to certain persons | 3 | | prohibited.
| 4 | | (a) Except as otherwise provided in subsection (b) of this | 5 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 6 | | no license
of any kind issued by the State Commission or any | 7 | | local
commission shall be issued to:
| 8 | | (1) A person who is not a resident of any city, village | 9 | | or county in
which the premises covered by the license are | 10 | | located; except in case of
railroad or boat licenses.
| 11 | | (2) A person who is not of good character and | 12 | | reputation in the
community in which he resides.
| 13 | | (3) (Blank). A person who is not a citizen of the | 14 | | United States.
| 15 | | (4) A person who has been convicted of a felony under | 16 | | any Federal or
State law, unless the Commission determines | 17 | | that such
person will not be impaired by the conviction in | 18 | | engaging in the licensed practice
after considering | 19 | | matters set forth in such person's application in | 20 | | accordance with Section 6-2.5 of this Act and the
| 21 | | Commission's investigation.
| 22 | | (5) A person who has been convicted of keeping a place | 23 | | of prostitution or keeping a place of juvenile | 24 | | prostitution, promoting prostitution that involves keeping | 25 | | a place of prostitution, or promoting juvenile | 26 | | prostitution that involves keeping a place of juvenile |
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| 1 | | prostitution.
| 2 | | (6) A person who has been convicted of pandering.
| 3 | | (7) A person whose license issued under this Act has | 4 | | been revoked for
cause.
| 5 | | (8) A person who at the time of application for renewal | 6 | | of any license
issued hereunder would not be eligible for | 7 | | such license upon a first
application.
| 8 | | (9) A copartnership, if any general partnership | 9 | | thereof, or any
limited partnership thereof, owning more | 10 | | than 5% of the aggregate limited
partner interest in such | 11 | | copartnership would not be eligible to receive a
license | 12 | | hereunder for any reason other than residence within the | 13 | | political
subdivision, unless residency is required by | 14 | | local ordinance.
| 15 | | (10) A corporation or limited liability company, if any | 16 | | member, officer, manager or director thereof, or
any | 17 | | stockholder or stockholders owning in the aggregate more | 18 | | than 5% of the
stock of such corporation, would not be | 19 | | eligible to receive a license
hereunder for any reason | 20 | | other than citizenship and residence within the
political | 21 | | subdivision.
| 22 | | (10a) A corporation or limited liability company | 23 | | unless it is incorporated or organized in Illinois, or | 24 | | unless it
is a foreign corporation or foreign limited | 25 | | liability company which is qualified under the Business
| 26 | | Corporation Act of 1983 or the Limited Liability Company |
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| 1 | | Act to transact business in Illinois. The Commission shall | 2 | | permit and accept from an applicant for a license under | 3 | | this Act proof prepared from the Secretary of State's | 4 | | website that the corporation or limited liability company | 5 | | is in good standing and is qualified under the Business
| 6 | | Corporation Act of 1983 or the Limited Liability Company | 7 | | Act to transact business in Illinois.
| 8 | | (11) A person whose place of business is conducted by a | 9 | | manager or agent
unless the manager or agent possesses the | 10 | | same qualifications required by
the licensee.
| 11 | | (12) A person who has been convicted of a violation of | 12 | | any Federal or
State law concerning the manufacture, | 13 | | possession or sale of alcoholic
liquor, subsequent to the | 14 | | passage of this Act or has forfeited his bond to
appear in | 15 | | court to answer charges for any such violation, unless the | 16 | | Commission determines, in accordance with Section 6-2.5 of | 17 | | this Act, that the person will not be impaired by the | 18 | | conviction in engaging in the licensed practice.
| 19 | | (13) A person who does not beneficially own the | 20 | | premises for which a
license is sought, or does not have a | 21 | | lease thereon for the full period for
which the license is | 22 | | to be issued.
| 23 | | (14) Any law enforcing public official, including | 24 | | members
of local liquor control commissions,
any mayor, | 25 | | alderman, or member of the
city council or commission, any | 26 | | president of the village board of trustees,
any member of a |
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| 1 | | village board of trustees, or any president or member of a
| 2 | | county board; and no such official shall have a direct | 3 | | interest in the
manufacture, sale, or distribution of | 4 | | alcoholic liquor, except that a
license
may be granted to | 5 | | such official in relation to premises that are
not
located | 6 | | within the territory subject to the jurisdiction of that | 7 | | official
if the issuance of such license is approved by the | 8 | | State Liquor Control
Commission
and except that a license | 9 | | may be granted, in a city or village with a
population of | 10 | | 55,000 or less, to any alderman, member of a city council, | 11 | | or
member of a village board of trustees in relation to | 12 | | premises that are located
within the territory
subject to | 13 | | the jurisdiction of that official if (i) the sale of | 14 | | alcoholic
liquor pursuant to the license is incidental to | 15 | | the selling of food, (ii) the
issuance of the license is | 16 | | approved by the State Commission, (iii) the
issuance of the | 17 | | license is in accordance with all applicable local | 18 | | ordinances
in effect where the premises are located, and | 19 | | (iv) the official granted a
license does not vote on | 20 | | alcoholic liquor issues pending before the board or
council | 21 | | to which the license holder is elected. Notwithstanding any | 22 | | provision of this paragraph (14) to the contrary, an | 23 | | alderman or member of a city council or commission, a | 24 | | member of a village board of trustees other than the | 25 | | president of the village board of trustees, or a member of | 26 | | a county board other than the president of a county board |
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| 1 | | may have a direct interest in the manufacture, sale, or | 2 | | distribution of alcoholic liquor as long as he or she is | 3 | | not a law enforcing public official, a mayor, a village | 4 | | board president, or president of a county board. To prevent | 5 | | any conflict of interest, the elected official with the | 6 | | direct interest in the manufacture, sale, or distribution | 7 | | of alcoholic liquor shall not participate in any meetings, | 8 | | hearings, or decisions on matters impacting the | 9 | | manufacture, sale, or distribution of alcoholic liquor. | 10 | | Furthermore, the mayor of a city with a population of | 11 | | 55,000 or less or the president of a village with a | 12 | | population of 55,000 or less may have an interest in the | 13 | | manufacture, sale, or distribution of alcoholic liquor as | 14 | | long as the council or board over which he or she presides | 15 | | has made a local liquor control commissioner appointment | 16 | | that complies with the requirements of Section 4-2 of this | 17 | | Act.
| 18 | | (15) A person who is not a beneficial owner of the | 19 | | business to be
operated by the licensee.
| 20 | | (16) A person who has been convicted of a gambling | 21 | | offense as
proscribed by any of subsections (a) (3) through | 22 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 23 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 24 | | Criminal Code of 2012, or as proscribed by a
statute
| 25 | | replaced by any of the aforesaid statutory provisions.
| 26 | | (17) A person or entity to whom a federal wagering |
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| 1 | | stamp has been
issued by the
federal government, unless the | 2 | | person or entity is eligible to be issued a
license under | 3 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs | 4 | | and Jar Games Act.
| 5 | | (18) A person who intends to sell alcoholic liquors for | 6 | | use or
consumption on his or her licensed retail premises | 7 | | who does not have liquor
liability insurance coverage for | 8 | | that premises in an amount that is at least
equal to the | 9 | | maximum liability amounts set out in subsection (a) of | 10 | | Section
6-21.
| 11 | | (19) A person who is licensed by any licensing | 12 | | authority as a manufacturer of beer, or any partnership, | 13 | | corporation, limited liability company, or trust or any | 14 | | subsidiary, affiliate, or agent thereof, or any other form | 15 | | of business enterprise licensed as a manufacturer of beer, | 16 | | having any legal, equitable, or beneficial interest, | 17 | | directly or indirectly, in a person licensed in this State | 18 | | as a distributor or importing distributor. For purposes of | 19 | | this paragraph (19), a person who is licensed by any | 20 | | licensing authority as a "manufacturer of beer" shall also | 21 | | mean a brewer and a non-resident dealer who is also a | 22 | | manufacturer of beer, including a partnership, | 23 | | corporation, limited liability company, or trust or any | 24 | | subsidiary, affiliate, or agent thereof, or any other form | 25 | | of business enterprise licensed as a manufacturer of beer. | 26 | | (20) A person who is licensed in this State as a |
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| 1 | | distributor or importing distributor, or any partnership, | 2 | | corporation, limited liability company, or trust or any | 3 | | subsidiary, affiliate, or agent thereof, or any other form | 4 | | of business enterprise licensed in this State as a | 5 | | distributor or importing distributor having any legal, | 6 | | equitable, or beneficial interest, directly or indirectly, | 7 | | in a person licensed as a manufacturer of beer by any | 8 | | licensing authority, or any partnership, corporation, | 9 | | limited liability company, or trust or any subsidiary, | 10 | | affiliate, or agent thereof, or any other form of business | 11 | | enterprise, except for a person who owns, on or after the | 12 | | effective date of this amendatory Act of the 98th General | 13 | | Assembly, no more than 5% of the outstanding shares of a | 14 | | manufacturer of beer whose shares are publicly traded on an | 15 | | exchange within the meaning of the Securities Exchange Act | 16 | | of 1934. For the purposes of this paragraph (20), a person | 17 | | who is licensed by any licensing authority as a | 18 | | "manufacturer of beer" shall also mean a brewer and a | 19 | | non-resident dealer who is also a manufacturer of beer, | 20 | | including a partnership, corporation, limited liability | 21 | | company, or trust or any subsidiary, affiliate, or agent | 22 | | thereof, or any other form of business enterprise licensed | 23 | | as a manufacturer of beer. | 24 | | (b) A criminal conviction of a corporation is not grounds | 25 | | for the
denial, suspension, or revocation of a license applied | 26 | | for or held by the
corporation if the criminal conviction was |
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| 1 | | not the result of a violation of any
federal or State law | 2 | | concerning the manufacture, possession or sale of
alcoholic | 3 | | liquor, the offense that led to the conviction did not result | 4 | | in any
financial gain to the corporation and the corporation | 5 | | has terminated its
relationship with each director, officer, | 6 | | employee, or controlling shareholder
whose actions directly | 7 | | contributed to the conviction of the corporation. The
| 8 | | Commission shall determine if all provisions of this subsection | 9 | | (b) have been
met before any action on the corporation's | 10 | | license is initiated.
| 11 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 12 | | Section 40. The Safety Deposit License Act is amended by | 13 | | changing Section 19 as follows:
| 14 | | (240 ILCS 5/19) (from Ch. 17, par. 1469)
| 15 | | Sec. 19. No applicant shall be issued a license who:
| 16 | | 1. (Blank); Is not a citizen of the United States;
| 17 | | 2. Has been convicted of a felony;
| 18 | | 3. Has not provided a burglar alarm system for the | 19 | | safe, vault, and
other fixtures;
| 20 | | 4. Has not provided a time lock for the safe, vault or | 21 | | other fixtures;
| 22 | | 5. Has not provided one or more combination locked | 23 | | steel doors (one in
front of the other and no door less | 24 | | than one inch thick) aggregating at
least 3 1/2 inches in |
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| 1 | | thickness; or one combination locked round or square
steel | 2 | | door not less than 3 1/2 inches in thickness;
| 3 | | 6. Has not provided vault construction (walls, ceiling | 4 | | and floor) of
equal resistance to the door;
| 5 | | 7. Has not placed in a conspicuous place in the | 6 | | location, a sign in
large print, telling the depositor what | 7 | | types of protection are being
furnished by the licensee;
| 8 | | 8. Has advertised or advertises that the facilities | 9 | | furnished by him are
approved by the Director.
| 10 | | Any of the requirements set forth in this section which are | 11 | | not capable
of fulfillment because of wartime restrictions may | 12 | | during the war time
emergency, be waived by the Director.
| 13 | | (Source: Laws 1967, p. 1668.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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