Full Text of HB0735 97th General Assembly
HB0735enr 97TH GENERAL ASSEMBLY |
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| 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 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 | 17 | | or his or her designee shall extend only to that area in
any | 18 | | county which lies outside the corporate limits of the cities, | 19 | | villages
and incorporated towns therein and those areas which | 20 | | are owned by the
county and are within the corporate limits of | 21 | | the cities, villages and
incorporated towns with a population | 22 | | of less than 1,000,000, however, such
county shall comply with | 23 | | the operating rules of the municipal ordinances
affected when |
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| 1 | | issuing their own licenses.
| 2 | | However, such mayor, president of the board of trustees or | 3 | | president or
chairman of the county board or his or her | 4 | | designee may appoint a person or persons to assist him
in the | 5 | | exercise of the powers and the performance of the duties herein
| 6 | | provided for such local liquor control commissioner. | 7 | | Notwithstanding any other provision of this Section to the | 8 | | contrary, the mayor of a city with a population of 50,000 or | 9 | | less or the president of a village with a population of 50,000 | 10 | | or less that has an interest in the manufacture, sale, or | 11 | | distribution of alcoholic liquor must direct the council or | 12 | | board over which he or she presides to appoint, by majority | 13 | | vote, a person other than him or her to serve as the local | 14 | | liquor control commissioner. The appointment must be made | 15 | | within 30 days from the day on which the mayor or president | 16 | | takes office, and the mayor or president cannot make | 17 | | nominations or serve any other role in the appointment. To | 18 | | prevent any conflict of interest, the mayor or president with | 19 | | the interest in the manufacture, sale, or distribution of | 20 | | alcoholic liquor shall not participate in any meetings, | 21 | | hearings, or decisions on matters impacting the manufacture, | 22 | | sale, or distribution of alcoholic liquor. Further, the | 23 | | appointee (i) shall be an attorney with an active license to | 24 | | practice law in the State of Illinois, (ii) shall not legally | 25 | | represent liquor license applicants or holders before the | 26 | | jurisdiction over which he or she presides as local liquor |
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| 1 | | control commissioner or before an adjacent jurisdiction, (iii) | 2 | | shall not have an interest in the manufacture, sale, or | 3 | | distribution of alcoholic liquor, and (iv) shall not be | 4 | | appointed to a term to exceed the term of the mayor, president, | 5 | | or members of the council or board.
| 6 | | (Source: P.A. 94-747, eff. 5-8-06.)
| 7 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 8 | | Sec. 6-2. Issuance of licenses to certain persons | 9 | | prohibited.
| 10 | | (a) Except as otherwise provided in subsection (b) of this | 11 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 12 | | no license
of any kind issued by the State Commission or any | 13 | | local
commission shall be issued to:
| 14 | | (1) A person who is not a resident of any city, village | 15 | | or county in
which the premises covered by the license are | 16 | | located; except in case of
railroad or boat licenses.
| 17 | | (2) A person who is not of good character and | 18 | | reputation in the
community in which he resides.
| 19 | | (3) A person who is not a citizen of the United States.
| 20 | | (4) A person who has been convicted of a felony under | 21 | | any Federal or
State law, unless the Commission determines | 22 | | that such
person has been sufficiently rehabilitated to | 23 | | warrant the public trust
after considering matters set | 24 | | forth in such person's application and the
Commission's | 25 | | investigation. The burden of proof of sufficient
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| 1 | | rehabilitation shall be on the applicant.
| 2 | | (5) A person who has been convicted of keeping a place | 3 | | of prostitution or keeping a place of juvenile | 4 | | prostitution, promoting prostitution that involves keeping | 5 | | a place of prostitution, or promoting juvenile | 6 | | prostitution that involves keeping a place of juvenile | 7 | | prostitution.
| 8 | | (6) A person who has been convicted of pandering or | 9 | | other crime or
misdemeanor opposed to decency and morality.
| 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 |
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| 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.
| 23 | | (13) A person who does not beneficially own the | 24 | | premises for which a
license is sought, or does not have a | 25 | | lease thereon for the full period for
which the license is | 26 | | to be issued.
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| 1 | | (14) Any law enforcing public official, including | 2 | | members
of local liquor control commissions,
any mayor, | 3 | | alderman, or member of the
city council or commission, any | 4 | | president of the village board of trustees,
any member of a | 5 | | village board of trustees, or any president or member of a
| 6 | | county board; and no such official shall have a direct | 7 | | interest in the
manufacture, sale, or distribution of | 8 | | alcoholic liquor, except that a
license
may be granted to | 9 | | such official in relation to premises that are
not
located | 10 | | within the territory subject to the jurisdiction of that | 11 | | official
if the issuance of such license is approved by the | 12 | | State Liquor Control
Commission
and except that a license | 13 | | may be granted, in a city or village with a
population of | 14 | | 50,000 or less, to any alderman, member of a city council, | 15 | | or
member of a village board of trustees in relation to | 16 | | premises that are located
within the territory
subject to | 17 | | the jurisdiction of that official if (i) the sale of | 18 | | alcoholic
liquor pursuant to the license is incidental to | 19 | | the selling of food, (ii) the
issuance of the license is | 20 | | approved by the State Commission, (iii) the
issuance of the | 21 | | license is in accordance with all applicable local | 22 | | ordinances
in effect where the premises are located, and | 23 | | (iv) the official granted a
license does not vote on | 24 | | alcoholic liquor issues pending before the board or
council | 25 | | to which the license holder is elected. Notwithstanding any | 26 | | provision of this paragraph (14) to the contrary, an |
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| 1 | | alderman or member of a city council or commission, a | 2 | | member of a village board of trustees other than the | 3 | | president of the village board of trustees, or a member of | 4 | | a county board other than the president of a county board | 5 | | may have a direct interest in the manufacture, sale, or | 6 | | distribution of alcoholic liquor as long as he or she is | 7 | | not a law enforcing public official, a mayor, a village | 8 | | board president, or president of a county board. To prevent | 9 | | any conflict of interest, the elected official with the | 10 | | direct interest in the manufacture, sale, or distribution | 11 | | of alcoholic liquor shall not cannot participate in any | 12 | | meetings, hearings, or decisions on matters impacting the | 13 | | manufacture, sale, or distribution of alcoholic liquor. | 14 | | Furthermore, the mayor of a city with a population of | 15 | | 50,000 or less or the president of a village with a | 16 | | population of 50,000 or less may have an interest in the | 17 | | manufacture, sale, or distribution of alcoholic liquor as | 18 | | long as the council or board over which he or she presides | 19 | | has made a local liquor control commissioner appointment | 20 | | that complies with the requirements of Section 4-2 of this | 21 | | Act.
| 22 | | (15) A person who is not a beneficial owner of the | 23 | | business to be
operated by the licensee.
| 24 | | (16) A person who has been convicted of a gambling | 25 | | offense as
proscribed by any of subsections (a) (3) through | 26 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section |
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| 1 | | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 2 | | proscribed by a
statute
replaced by any of the aforesaid | 3 | | statutory provisions.
| 4 | | (17) A person or entity to whom a federal wagering | 5 | | stamp has been
issued by the
federal government, unless the | 6 | | person or entity is eligible to be issued a
license under | 7 | | the Raffles Act or the Illinois Pull Tabs and Jar Games | 8 | | Act.
| 9 | | (18) A person who intends to sell alcoholic liquors for | 10 | | use or
consumption on his or her licensed retail premises | 11 | | who does not have liquor
liability insurance coverage for | 12 | | that premises in an amount that is at least
equal to the | 13 | | maximum liability amounts set out in subsection (a) of | 14 | | Section
6-21.
| 15 | | (b) A criminal conviction of a corporation is not grounds | 16 | | for the
denial, suspension, or revocation of a license applied | 17 | | for or held by the
corporation if the criminal conviction was | 18 | | not the result of a violation of any
federal or State law | 19 | | concerning the manufacture, possession or sale of
alcoholic | 20 | | liquor, the offense that led to the conviction did not result | 21 | | in any
financial gain to the corporation and the corporation | 22 | | has terminated its
relationship with each director, officer, | 23 | | employee, or controlling shareholder
whose actions directly | 24 | | contributed to the conviction of the corporation. The
| 25 | | Commission shall determine if all provisions of this subsection | 26 | | (b) have been
met before any action on the corporation's |
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| 1 | | license is initiated.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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