Full Text of HB3126 101st General Assembly
HB3126 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3126 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/6-2 | from Ch. 43, par. 120 |
|
Amends the Liquor Control Act of 1934. Provides that a violation of a provision of the Raffles and Poker Runs Act concerning local regulation of raffles is not grounds for the denial, suspension, or revocation of a license under the Liquor Control Act of 1934. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3126 | | LRB101 10978 RPS 56161 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 6-2 as follows:
| 6 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 7 | | Sec. 6-2. Issuance of licenses to certain persons | 8 | | prohibited.
| 9 | | (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:
| 13 | | (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.
| 16 | | (2) A person who is not of good character and | 17 | | reputation in the
community in which he resides.
| 18 | | (3) A person who is not a citizen of the United States.
| 19 | | (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 will not be impaired by the conviction in | 22 | | engaging in the licensed practice
after considering | 23 | | matters set forth in such person's application in |
| | | HB3126 | - 2 - | LRB101 10978 RPS 56161 b |
|
| 1 | | accordance with Section 6-2.5 of this Act and the
| 2 | | Commission's investigation.
| 3 | | (5) A person who has been convicted of keeping a place | 4 | | of prostitution or keeping a place of juvenile | 5 | | prostitution, promoting prostitution that involves keeping | 6 | | a place of prostitution, or promoting juvenile | 7 | | prostitution that involves keeping a place of juvenile | 8 | | prostitution.
| 9 | | (6) A person who has been convicted of pandering.
| 10 | | (7) A person whose license issued under this Act has | 11 | | been revoked for
cause.
| 12 | | (8) A person who at the time of application for renewal | 13 | | of any license
issued hereunder would not be eligible for | 14 | | such license upon a first
application.
| 15 | | (9) A copartnership, if any general partnership | 16 | | thereof, or any
limited partnership thereof, owning more | 17 | | than 5% of the aggregate limited
partner interest in such | 18 | | copartnership would not be eligible to receive a
license | 19 | | hereunder for any reason other than residence within the | 20 | | political
subdivision, unless residency is required by | 21 | | local ordinance.
| 22 | | (10) A corporation or limited liability company, if any | 23 | | member, officer, manager or director thereof, or
any | 24 | | stockholder or stockholders owning in the aggregate more | 25 | | than 5% of the
stock of such corporation, would not be | 26 | | eligible to receive a license
hereunder for any reason |
| | | HB3126 | - 3 - | LRB101 10978 RPS 56161 b |
|
| 1 | | other than citizenship and residence within the
political | 2 | | subdivision.
| 3 | | (10a) A corporation or limited liability company | 4 | | unless it is incorporated or organized in Illinois, or | 5 | | unless it
is a foreign corporation or foreign limited | 6 | | liability company which is qualified under the Business
| 7 | | Corporation Act of 1983 or the Limited Liability Company | 8 | | Act to transact business in Illinois. The Commission shall | 9 | | permit and accept from an applicant for a license under | 10 | | this Act proof prepared from the Secretary of State's | 11 | | website that the corporation or limited liability company | 12 | | is in good standing and is qualified under the Business
| 13 | | Corporation Act of 1983 or the Limited Liability Company | 14 | | Act to transact business in Illinois.
| 15 | | (11) A person whose place of business is conducted by a | 16 | | manager or agent
unless the manager or agent possesses the | 17 | | same qualifications required by
the licensee.
| 18 | | (12) A person who has been convicted of a violation of | 19 | | any Federal or
State law concerning the manufacture, | 20 | | possession or sale of alcoholic
liquor, subsequent to the | 21 | | passage of this Act or has forfeited his bond to
appear in | 22 | | court to answer charges for any such violation, unless the | 23 | | Commission determines, in accordance with Section 6-2.5 of | 24 | | this Act, that the person will not be impaired by the | 25 | | conviction in engaging in the licensed practice.
| 26 | | (13) A person who does not beneficially own the |
| | | HB3126 | - 4 - | LRB101 10978 RPS 56161 b |
|
| 1 | | premises for which a
license is sought, or does not have a | 2 | | lease thereon for the full period for
which the license is | 3 | | to be issued.
| 4 | | (14) Any law enforcing public official, including | 5 | | members
of local liquor control commissions,
any mayor, | 6 | | alderman, or member of the
city council or commission, any | 7 | | president of the village board of trustees,
any member of a | 8 | | village board of trustees, or any president or member of a
| 9 | | county board; and no such official shall have a direct | 10 | | interest in the
manufacture, sale, or distribution of | 11 | | alcoholic liquor, except that a
license
may be granted to | 12 | | such official in relation to premises that are
not
located | 13 | | within the territory subject to the jurisdiction of that | 14 | | official
if the issuance of such license is approved by the | 15 | | State Liquor Control
Commission
and except that a license | 16 | | may be granted, in a city or village with a
population of | 17 | | 55,000 or less, to any alderman, member of a city council, | 18 | | or
member of a village board of trustees in relation to | 19 | | premises that are located
within the territory
subject to | 20 | | the jurisdiction of that official if (i) the sale of | 21 | | alcoholic
liquor pursuant to the license is incidental to | 22 | | the selling of food, (ii) the
issuance of the license is | 23 | | approved by the State Commission, (iii) the
issuance of the | 24 | | license is in accordance with all applicable local | 25 | | ordinances
in effect where the premises are located, and | 26 | | (iv) the official granted a
license does not vote on |
| | | HB3126 | - 5 - | LRB101 10978 RPS 56161 b |
|
| 1 | | alcoholic liquor issues pending before the board or
council | 2 | | to which the license holder is elected. Notwithstanding any | 3 | | provision of this paragraph (14) to the contrary, an | 4 | | alderman or member of a city council or commission, a | 5 | | member of a village board of trustees other than the | 6 | | president of the village board of trustees, or a member of | 7 | | a county board other than the president of a county board | 8 | | may have a direct interest in the manufacture, sale, or | 9 | | distribution of alcoholic liquor as long as he or she is | 10 | | not a law enforcing public official, a mayor, a village | 11 | | board president, or president of a county board. To prevent | 12 | | any conflict of interest, the elected official with the | 13 | | direct interest in the manufacture, sale, or distribution | 14 | | of alcoholic liquor shall not participate in any meetings, | 15 | | hearings, or decisions on matters impacting the | 16 | | manufacture, sale, or distribution of alcoholic liquor. | 17 | | Furthermore, the mayor of a city with a population of | 18 | | 55,000 or less or the president of a village with a | 19 | | population of 55,000 or less may have an interest in the | 20 | | manufacture, sale, or distribution of alcoholic liquor as | 21 | | long as the council or board over which he or she presides | 22 | | has made a local liquor control commissioner appointment | 23 | | that complies with the requirements of Section 4-2 of this | 24 | | Act.
| 25 | | (15) A person who is not a beneficial owner of the | 26 | | business to be
operated by the licensee.
|
| | | HB3126 | - 6 - | LRB101 10978 RPS 56161 b |
|
| 1 | | (16) A person who has been convicted of a gambling | 2 | | offense as
proscribed by any of subsections (a) (3) through | 3 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 4 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 5 | | Criminal Code of 2012, or as proscribed by a
statute
| 6 | | replaced by any of the aforesaid statutory provisions.
| 7 | | (17) A person or entity to whom a federal wagering | 8 | | stamp has been
issued by the
federal government, unless the | 9 | | person or entity is eligible to be issued a
license under | 10 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs | 11 | | and Jar Games Act.
| 12 | | (18) A person who intends to sell alcoholic liquors for | 13 | | use or
consumption on his or her licensed retail premises | 14 | | who does not have liquor
liability insurance coverage for | 15 | | that premises in an amount that is at least
equal to the | 16 | | maximum liability amounts set out in subsection (a) of | 17 | | Section
6-21.
| 18 | | (19) A person who is licensed by any licensing | 19 | | authority as a manufacturer of beer, or any partnership, | 20 | | corporation, limited liability company, or trust or any | 21 | | subsidiary, affiliate, or agent thereof, or any other form | 22 | | of business enterprise licensed as a manufacturer of beer, | 23 | | having any legal, equitable, or beneficial interest, | 24 | | directly or indirectly, in a person licensed in this State | 25 | | as a distributor or importing distributor. For purposes of | 26 | | this paragraph (19), a person who is licensed by any |
| | | HB3126 | - 7 - | LRB101 10978 RPS 56161 b |
|
| 1 | | licensing authority as a "manufacturer of beer" shall also | 2 | | mean a brewer and a non-resident dealer who is also a | 3 | | manufacturer of beer, including a partnership, | 4 | | corporation, limited liability company, or trust or any | 5 | | subsidiary, affiliate, or agent thereof, or any other form | 6 | | of business enterprise licensed as a manufacturer of beer. | 7 | | (20) A person who is licensed in this State as a | 8 | | distributor or importing distributor, or any partnership, | 9 | | corporation, limited liability company, or trust or any | 10 | | subsidiary, affiliate, or agent thereof, or any other form | 11 | | of business enterprise licensed in this State as a | 12 | | distributor or importing distributor having any legal, | 13 | | equitable, or beneficial interest, directly or indirectly, | 14 | | in a person licensed as a manufacturer of beer by any | 15 | | licensing authority, or any partnership, corporation, | 16 | | limited liability company, or trust or any subsidiary, | 17 | | affiliate, or agent thereof, or any other form of business | 18 | | enterprise, except for a person who owns, on or after the | 19 | | effective date of this amendatory Act of the 98th General | 20 | | Assembly, no more than 5% of the outstanding shares of a | 21 | | manufacturer of beer whose shares are publicly traded on an | 22 | | exchange within the meaning of the Securities Exchange Act | 23 | | of 1934. For the purposes of this paragraph (20), a person | 24 | | who is licensed by any licensing authority as a | 25 | | "manufacturer of beer" shall also mean a brewer and a | 26 | | non-resident dealer who is also a manufacturer of beer, |
| | | HB3126 | - 8 - | LRB101 10978 RPS 56161 b |
|
| 1 | | including a partnership, corporation, limited liability | 2 | | company, or trust or any subsidiary, affiliate, or agent | 3 | | thereof, or any other form of business enterprise licensed | 4 | | as a manufacturer of beer. | 5 | | (b) A criminal conviction of a corporation is not grounds | 6 | | for the
denial, suspension, or revocation of a license applied | 7 | | for or held by the
corporation if the criminal conviction was | 8 | | not the result of a violation of any
federal or State law | 9 | | concerning the manufacture, possession or sale of
alcoholic | 10 | | liquor, the offense that led to the conviction did not result | 11 | | in any
financial gain to the corporation and the corporation | 12 | | has terminated its
relationship with each director, officer, | 13 | | employee, or controlling shareholder
whose actions directly | 14 | | contributed to the conviction of the corporation. The
| 15 | | Commission shall determine if all provisions of this subsection | 16 | | (b) have been
met before any action on the corporation's | 17 | | license is initiated.
| 18 | | (c) A violation of subsection (a) of Section 2 of the | 19 | | Raffles and Poker Runs Act by a licensee is not grounds for the | 20 | | denial, suspension, or revocation of a license under this Act. | 21 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
|
|