Full Text of SB0295 95th General Assembly
SB0295 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0295
Introduced 2/7/2007, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/6-2 |
from Ch. 43, par. 120 |
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Amends the Liquor Control Act of 1934. Provides that no license
of any kind issued by the State Commission or any local
commission shall be issued to a person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not post a poster or sign in a conspicuous place stating, "If you weigh 160 pounds and consume four alcoholic drinks in 1 hour, your blood alcohol concentration will be .08.".
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A BILL FOR
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SB0295 |
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LRB095 05022 KBJ 25090 b |
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-2 as follows:
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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 | 8 |
| prohibited.
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| (a) Except as otherwise provided in subsection (b) of this | 10 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 11 |
| no license
of any kind issued by the State Commission or any | 12 |
| local
commission shall be issued to:
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| (1) A person who is not a resident of any city, village | 14 |
| or county in
which the premises covered by the license are | 15 |
| located; except in case of
railroad or boat licenses.
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| (2) A person who is not of good character and | 17 |
| 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 | 20 |
| any Federal or
State law, unless the Commission determines | 21 |
| that such
person has been sufficiently rehabilitated to | 22 |
| warrant the public trust
after considering matters set | 23 |
| forth in such person's application and the
Commission's |
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| 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 | 4 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 6 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 8 |
| been revoked for
cause.
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| (8) A person who at the time of application for renewal | 10 |
| of any license
issued hereunder would not be eligible for | 11 |
| such license upon a first
application.
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| (9) A copartnership, if any general partnership | 13 |
| thereof, or any
limited partnership thereof, owning more | 14 |
| than 5% of the aggregate limited
partner interest in such | 15 |
| copartnership would not be eligible to receive a
license | 16 |
| hereunder for any reason other than residence within the | 17 |
| political
subdivision, unless residency is required by | 18 |
| local ordinance.
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| (10) A corporation or limited liability company, if any | 20 |
| member, officer, manager or director thereof, or
any | 21 |
| stockholder or stockholders owning in the aggregate more | 22 |
| than 5% of the
stock of such corporation, would not be | 23 |
| eligible to receive a license
hereunder for any reason | 24 |
| other than citizenship and residence within the
political | 25 |
| subdivision.
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| (10a) A corporation or limited liability company |
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| unless it is incorporated or organized in Illinois, or | 2 |
| unless it
is a foreign corporation or foreign limited | 3 |
| liability company which is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company | 5 |
| Act to transact business in Illinois. The Commission shall | 6 |
| permit and accept from an applicant for a license under | 7 |
| this Act proof prepared from the Secretary of State's | 8 |
| website that the corporation or limited liability company | 9 |
| is in good standing and is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company | 11 |
| Act to transact business in Illinois.
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| (11) A person whose place of business is conducted by a | 13 |
| manager or agent
unless the manager or agent possesses the | 14 |
| same qualifications required by
the licensee.
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| (12) A person who has been convicted of a violation of | 16 |
| any Federal or
State law concerning the manufacture, | 17 |
| possession or sale of alcoholic
liquor, subsequent to the | 18 |
| passage of this Act or has forfeited his bond to
appear in | 19 |
| court to answer charges for any such violation.
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| (13) A person who does not beneficially own the | 21 |
| premises for which a
license is sought, or does not have a | 22 |
| lease thereon for the full period for
which the license is | 23 |
| to be issued.
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| (14) Any law enforcing public official, including | 25 |
| members
of local liquor control commissions,
any mayor, | 26 |
| alderman, or member of the
city council or commission, any |
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| president of the village board of trustees,
any member of a | 2 |
| 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 | 4 |
| interest in the
manufacture, sale, or distribution of | 5 |
| alcoholic liquor, except that a
license
may be granted to | 6 |
| such official in relation to premises that are
not
located | 7 |
| within the territory subject to the jurisdiction of that | 8 |
| official
if the issuance of such license is approved by the | 9 |
| State Liquor Control
Commission
and except that a license | 10 |
| may be granted, in a city or village with a
population of | 11 |
| 50,000 or less, to any alderman, member of a city council, | 12 |
| or
member of a village board of trustees in relation to | 13 |
| premises that are located
within the territory
subject to | 14 |
| the jurisdiction of that official if (i) the sale of | 15 |
| alcoholic
liquor pursuant to the license is incidental to | 16 |
| the selling of food, (ii) the
issuance of the license is | 17 |
| approved by the State Commission, (iii) the
issuance of the | 18 |
| license is in accordance with all applicable local | 19 |
| ordinances
in effect where the premises are located, and | 20 |
| (iv) the official granted a
license does not vote on | 21 |
| alcoholic liquor issues pending before the board or
council | 22 |
| to which the license holder is elected. Notwithstanding any | 23 |
| provision of this paragraph (14) to the contrary, an | 24 |
| alderman or member of a city council or commission, a | 25 |
| member of a village board of trustees other than the | 26 |
| president of the village board of trustees, or a member of |
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| a county board other than the president of a county board | 2 |
| may have a direct interest in the manufacture, sale, or | 3 |
| distribution of alcoholic liquor as long as he or she is | 4 |
| not a law enforcing public official, a mayor, a village | 5 |
| board president, or president of a county board. To prevent | 6 |
| any conflict of interest, the elected official with the | 7 |
| direct interest in the manufacture, sale, or distribution | 8 |
| of alcoholic liquor cannot participate in any meetings, | 9 |
| hearings, or decisions on matters impacting the | 10 |
| manufacture, sale, or distribution of alcoholic liquor.
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| (15) A person who is not a beneficial owner of the | 12 |
| business to be
operated by the licensee.
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| (16) A person who has been convicted of a gambling | 14 |
| offense as
proscribed by any of subsections (a) (3) through | 15 |
| (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 16 |
| 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 17 |
| proscribed by a
statute
replaced by any of the aforesaid | 18 |
| statutory provisions.
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| (17) A person or entity to whom a federal wagering | 20 |
| stamp has been
issued by the
federal government, unless the | 21 |
| person or entity is eligible to be issued a
license under | 22 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 23 |
| Act.
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| (18) A person who intends to sell alcoholic liquors for | 25 |
| use or
consumption on his or her licensed retail premises | 26 |
| who does not have liquor
liability insurance coverage for |
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| that premises in an amount that is at least
equal to the | 2 |
| maximum liability amounts set out in subsection (a) of | 3 |
| Section
6-21.
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| (19) A person who intends to sell alcoholic liquors for | 5 |
| use or consumption on his or her licensed retail premises | 6 |
| who does not post a poster or sign in a conspicuous place | 7 |
| stating, "If you weigh 160 pounds and consume four | 8 |
| alcoholic drinks in 1 hour, your blood alcohol | 9 |
| concentration will be .08.".
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| (b) A criminal conviction of a corporation is not grounds | 11 |
| for the
denial, suspension, or revocation of a license applied | 12 |
| for or held by the
corporation if the criminal conviction was | 13 |
| not the result of a violation of any
federal or State law | 14 |
| concerning the manufacture, possession or sale of
alcoholic | 15 |
| liquor, the offense that led to the conviction did not result | 16 |
| in any
financial gain to the corporation and the corporation | 17 |
| has terminated its
relationship with each director, officer, | 18 |
| employee, or controlling shareholder
whose actions directly | 19 |
| contributed to the conviction of the corporation. The
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| Commission shall determine if all provisions of this subsection | 21 |
| (b) have been
met before any action on the corporation's | 22 |
| license is initiated.
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| (Source: P.A. 93-266, eff. 1-1-04; 93-1057, eff. 12-2-04; 94-5, | 24 |
| eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, eff. 7-29-05; revised | 25 |
| 8-19-05.)
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