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90_HB0087
235 ILCS 5/6-1 from Ch. 43, par. 119
235 ILCS 5/6-21 from Ch. 43, par. 135
235 ILCS 5/7-1 from Ch. 43, par. 145
Amends the Liquor Control Act. Increases the maximum
amounts recoverable in a dram shop action to $50,000 for
damages and $60,000 for loss of support. Provides that the
Liquor Control Commission shall not renew a retailer's
license without proof of insurance.
LRB9000737LDdv
LRB9000737LDdv
1 AN ACT to amend the Liquor Control Act by changing
2 Sections 6-1, 6-21, and 7-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Sections 6-1, 6-21, and 7-1 as follows:
7 (235 ILCS 5/6-1) (from Ch. 43, par. 119)
8 Sec. 6-1. Privilege granted by license; nature as to
9 property; transfer ability; tax delinquencies. A license
10 shall be purely a personal privilege, good for not to exceed
11 one year after issuance, except a non-beverage user's
12 license, unless sooner revoked as in this Act provided, and
13 shall not constitute property, nor shall it be subject to
14 attachment, garnishment or execution, nor shall it be
15 alienable or transferable, voluntarily or involuntarily, or
16 subject to being encumbered or hypothecated. Such license
17 shall not descend by the laws of testate or intestate
18 devolution, but it shall cease upon the death of the
19 licensee, provided that executors or administrators of the
20 estate of any deceased licensee, and the trustee of any
21 insolvent or bankrupt licensee, when such estate consists in
22 part of alcoholic liquor, may continue the business of the
23 sale or manufacture of alcoholic liquor under order of the
24 appropriate court, and may exercise the privileges of the
25 deceased or insolvent or bankrupt licensee after the death of
26 such decedent, or such insolvency or bankruptcy until the
27 expiration of such license but not longer than six months
28 after the death, bankruptcy or insolvency of such licensee.
29 Except in the case of a non-beverage user's license, a refund
30 shall be made of that portion of the license fees paid for
31 any period in which the licensee shall be prevented from
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1 operating under such license in accordance with the
2 provisions of this paragraph.
3 Any licensee may renew his license at the expiration
4 thereof, provided he is then qualified to receive a license
5 and the premises for which such renewal license is sought are
6 suitable for such purpose; and provided further that the
7 renewal privilege herein provided for shall not be construed
8 as a vested right which shall in any case prevent the city
9 council or village president and board of trustees or county
10 board, as the case may be, from decreasing the number of
11 licenses to be issued within its jurisdiction. No retailer's
12 license shall be renewed if the Department of Revenue has
13 reported to the Illinois Liquor Control Commission that such
14 retailer is delinquent in filing any required tax returns or
15 paying any amounts owed to the State of Illinois until the
16 applicant is issued a certificate by the Department of
17 Revenue stating that all delinquent returns or amounts owed
18 have been paid by guaranteed remittance or the payment
19 agreement to pay all amounts owed has been accepted by the
20 Department. The State Commission shall not renew a retailer's
21 license unless the applicant for renewal submits proof of
22 dram shop insurance coverage in amounts to be determined by
23 the State Commission by rule. No retailer's license issued by
24 a local liquor control commissioner shall be renewed unless
25 the applicant provides documentation that any tax owed to (i)
26 the municipality in which the applicant is located (in the
27 case of a license issued by the mayor or president of the
28 board of trustees of a city, village or incorporated town
29 acting as local liquor control commissioner) or (ii) the
30 county in which the applicant is located (in the case of a
31 license issued by the president or chairman of a county board
32 acting as local liquor control commissioner) by the applicant
33 has been satisfied by payment in the form of a cashier's
34 check, certified check, money order, or cash.
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1 A negotiable instrument received as payment for a license
2 fee, transfer fee, late fee, offer in compromise,
3 pre-disciplinary conference settlement, or fine imposed by
4 order that is dishonored on presentation shall not be
5 considered payment and shall be cause for disciplinary
6 action.
7 (Source: P.A. 89-250, eff. 1-1-96.)
8 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
9 Sec. 6-21. (a) Every person who is injured within this
10 State, in person or property, by any intoxicated person has a
11 right of action in his or her own name, severally or jointly,
12 against any person, licensed under the laws of this State or
13 of any other state to sell alcoholic liquor, who, by selling
14 or giving alcoholic liquor, within or without the territorial
15 limits of this State, causes the intoxication of such person.
16 Any person at least 21 years of age who pays for a hotel or
17 motel room or facility knowing that the room or facility is
18 to be used by any person under 21 years of age for the
19 unlawful consumption of alcoholic liquors and such
20 consumption causes the intoxication of the person under 21
21 years of age, shall be liable to any person who is injured in
22 person or property by the intoxicated person under 21 years
23 of age. Any person owning, renting, leasing or permitting the
24 occupation of any building or premises with knowledge that
25 alcoholic liquors are to be sold therein, or who having
26 leased the same for other purposes, shall knowingly permit
27 therein the sale of any alcoholic liquors that have caused
28 the intoxication of any person, shall be liable, severally or
29 jointly, with the person selling or giving the liquors.
30 However, if such building or premises belong to a minor or
31 other person under guardianship the guardian of such person
32 shall be held liable instead of the ward. A married woman has
33 the same right to bring the action and to control it and the
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1 amount recovered as an unmarried woman. All damages recovered
2 by a minor under this Act shall be paid either to the minor,
3 or to his or her parent, guardian or next friend as the court
4 shall direct. The unlawful sale or gift of alcoholic liquor
5 works a forfeiture of all rights of the lessee or tenant
6 under any lease or contract of rent upon the premises where
7 the unlawful sale or gift takes place. All actions for
8 damages under this Act may be by any appropriate action in
9 the circuit court. An action shall lie for injuries to means
10 of support caused by an intoxicated person or in consequence
11 of the intoxication of any person resulting as hereinabove
12 set out. The action, if the person from whom support was
13 furnished is living, shall be brought by any person injured
14 in means of support in his or her name for his or her benefit
15 and the benefit of all other persons injured in means of
16 support. However, any person claiming to be injured in means
17 of support and not included in any action brought hereunder
18 may join by motion made within the times herein provided for
19 bringing such action or the personal representative of the
20 deceased person from whom such support was furnished may so
21 join. In every such action the jury shall determine the
22 amount of damages to be recovered without regard to and with
23 no special instructions as to the dollar limits on recovery
24 imposed by this Section. The amount recovered in every such
25 action is for the exclusive benefit of the person injured in
26 loss of support and shall be distributed to such persons in
27 the proportions determined by the verdict rendered or
28 judgment entered in the action. If the right of action is
29 settled by agreement with the personal representative of a
30 deceased person from whom support was furnished, the court
31 having jurisdiction of the estate of the deceased person
32 shall distribute the amount of the settlement to the person
33 injured in loss of support in the proportion, as determined
34 by the court, that the percentage of dependency of each such
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1 person upon the deceased person bears to the sum of the
2 percentages of dependency of all such persons upon the
3 deceased person. For all causes of action involving persons
4 injured, killed, or incurring property damage before
5 September 12, 1985, in no event shall the judgment or
6 recovery under this Act for injury to the person or to the
7 property of any person as hereinabove set out exceed $15,000,
8 and recovery under this Act for loss of means of support
9 resulting from the death or injury of any person, as
10 hereinabove set out, shall not exceed $20,000. For all causes
11 of action involving persons injured, killed, or incurring
12 property damage after September 12, 1985 but before January
13 1, 1998, in no event shall the judgment or recovery for
14 injury to the person or property of any person exceed $30,000
15 for each person incurring damages, and recovery under this
16 Act for loss of means of support resulting from the death or
17 injury of any person shall not exceed $40,000. For all causes
18 of action involving persons injured, killed, or incurring
19 property damage after January 1, 1998, in no event shall the
20 judgment or recovery for injury to the person or property of
21 any person exceed $50,000 for each person incurring damages,
22 and recovery under this Act for loss of means of support
23 resulting from the death or injury of any person shall not
24 exceed $60,000. Nothing in this Section bars any person from
25 making separate claims which, in the aggregate, exceed any
26 one limit where such person incurs more than one type of
27 compensable damage, including personal injury, property
28 damage, and loss to means of support. However, all persons
29 claiming loss to means of support shall be limited to an
30 aggregate recovery not to exceed the single limitation set
31 forth herein for the death or injury of each person from whom
32 support is claimed.
33 Nothing in this Act shall be construed to confer a cause
34 of action for injuries to the person or property of the
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1 intoxicated person himself, nor shall anything in this Act be
2 construed to confer a cause of action for loss of means of
3 support on the intoxicated person himself or on any person
4 claiming to be supported by such intoxicated person. In
5 conformance with the rule of statutory construction
6 enunciated in the general Illinois saving provision in
7 Section 4 of "An Act to revise the law in relation to the
8 construction of the statutes", approved March 5, 1874, as
9 amended, no amendment of this Section purporting to abolish
10 or having the effect of abolishing a cause of action shall be
11 applied to invalidate a cause of action accruing before its
12 effective date, irrespective of whether the amendment was
13 passed before or after the effective date of this amendatory
14 Act of 1986.
15 Each action hereunder shall be barred unless commenced
16 within one year next after the cause of action accrued.
17 However, a licensed distributor or brewer whose only
18 connection with the furnishing of alcoholic liquor which is
19 alleged to have caused intoxication was the furnishing or
20 maintaining of any apparatus for the dispensing or cooling of
21 beer is not liable under this Section, and if such licensee
22 is named as a defendant, a proper motion to dismiss shall be
23 granted.
24 (b) Any person licensed under any state or local law to
25 sell alcoholic liquor, whether or not a citizen or resident
26 of this State, who in person or through an agent causes the
27 intoxication, by the sale or gift of alcoholic liquor, of any
28 person who, while intoxicated, causes injury to any person or
29 property in the State of Illinois thereby submits such
30 licensed person, and, if an individual, his or her personal
31 representative, to the jurisdiction of the courts of this
32 State for a cause of action arising under subsection (a)
33 above.
34 Service of process upon any person who is subject to the
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1 jurisdiction of the courts of this State, as provided in this
2 subsection, may be made by personally serving the summons
3 upon the defendant outside this State, as provided in the
4 Code of Civil Procedure, as now or hereafter amended, with
5 the same force and effect as though summons had been
6 personally served within this State.
7 Only causes of action arising under subsection (a) above
8 may be asserted against a defendant in an action in which
9 jurisdiction over him or her is based upon this subsection.
10 Nothing herein contained limits or affects the right to
11 serve any process in any other manner now or hereafter
12 provided by law.
13 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
14 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
15 Sec. 7-1. An applicant for a license from the State
16 Commission shall submit to the State Commission an
17 application in writing under oath stating:
18 (1) The applicant's name and mailing address;
19 (2) The name and address of the applicant's
20 business;
21 (3) If applicable, the date of the filing of the
22 "assumed name" of the business with the County Clerk;
23 (4) In case of a copartnership, the date of the
24 formation of the partnership; in the case of an Illinois
25 corporation, the date of its incorporation; or in the
26 case of a foreign corporation, the State where it was
27 incorporated and the date of its becoming qualified under
28 the "Business Corporation Act of 1983" to transact
29 business in the State of Illinois;
30 (5) The number, the date of issuance and the date
31 of expiration of the applicant's current local retail
32 liquor license;
33 (6) The name of the city, village, or county that
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1 issued the local retail liquor license;
2 (7) The name and address of the landlord if the
3 premises are leased;
4 (8) The date of the applicant's first request for a
5 State liquor license and whether it was granted, denied
6 or withdrawn;
7 (9) The address of the applicant when the first
8 application for a State liquor license was made;
9 (10) The applicant's current State liquor license
10 number;
11 (11) The date the applicant began liquor sales at
12 his place of business;
13 (12) The address of the applicant's warehouse if he
14 warehouses liquor;
15 (13) The applicant's Retailer's Occupation Tax
16 (ROT) Registration Number;
17 (14) The applicant's document locater number on his
18 Federal Special Tax Stamp;
19 (15) Whether the applicant is delinquent in the
20 payment of the Retailer's Occupational Tax (Sales Tax),
21 and if so, the reasons therefor;
22 (16) Whether the applicant is delinquent under the
23 cash beer law, and if so, the reasons therefor;
24 (17) In the case of a retailer, whether he is
25 delinquent under the 30 day credit law, and if so, the
26 reasons therefor;
27 (18) In the case of a distributor, whether he is
28 delinquent under the 15 day credit law, and if so, the
29 reasons therefor;
30 (19) Whether the applicant has made an application
31 for a liquor license which has been denied, and if so,
32 the reasons therefor;
33 (20) Whether the applicant has ever had any
34 previous liquor license suspended or revoked, and if so,
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1 the reasons therefor;
2 (21) Whether the applicant has ever been convicted
3 of a gambling offense or felony, and if so, the
4 particulars thereof;
5 (22) Whether the applicant possesses a current
6 Federal Wagering Stamp, and if so, the reasons therefor;
7 (23) Whether the applicant, or any other person,
8 directly in his place of business is a public official,
9 and if so, the particulars thereof;
10 (24) The applicant's name, sex, date of birth,
11 social security number, position and percentage of
12 ownership in the business; and the name, sex, date of
13 birth, social security number, position and percentage of
14 ownership in the business of every sole owner, partner,
15 corporate officer, director, manager and any person who
16 owns 5% or more of the shares of the applicant business
17 entity or parent corporations of the applicant business
18 entity; .
19 (25) That he has not received or borrowed money or
20 anything else of value, and that he will not receive or
21 borrow money or anything else of value (other than
22 merchandising credit in the ordinary course of business
23 for a period not to exceed 90 days as herein expressly
24 permitted under Section 6-5 hereof), directly or
25 indirectly, from any manufacturer, importing distributor
26 or distributor or from any representative of any such
27 manufacturer, importing distributor or distributor, nor
28 be a party in any way, directly or indirectly, to any
29 violation by a manufacturer, distributor or importing
30 distributor of Section 6-6 of this Act.
31 The State Commission shall not issue a retailer's license
32 unless the applicant submits proof of dram shop insurance
33 coverage in amounts to be determined by the State Commission
34 by rule.
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1 In addition to any other requirement of this Section, an
2 applicant for a special event retailer's license shall also
3 submit proof of adequate dram shop insurance for the special
4 event prior to being issued a license.
5 In addition to the foregoing information, such
6 application shall contain such other and further information
7 as the State Commission and the local commission may, by rule
8 or regulation not inconsistent with law, prescribe.
9 If the applicant reports a felony conviction as required
10 under paragraph (21) of this Section, such conviction may be
11 considered by the Commission in determining qualifications
12 for licensing, but shall not operate as a bar to licensing.
13 If said application is made in behalf of a partnership,
14 firm, association, club or corporation, then the same shall
15 be signed by at least two members of such partnership or the
16 president and secretary of such corporation or two authorized
17 agents of said partnership or corporation.
18 Application for a non-resident dealer's license or a
19 special event retailer's license shall be on forms prescribed
20 by the State Commission, and which may exclude any of the
21 above requirements which the State Commission rules to be
22 inapplicable.
23 (Source: P.A. 86-404; 86-1028.)