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90_HB0087ham001
LRB9000737LDdvam01
1 AMENDMENT TO HOUSE BILL 87
2 AMENDMENT NO. . Amend House Bill 87 by replacing the
3 title with the following:
4 "AN ACT to amend the Liquor Control Act by changing
5 Sections 6-1, 6-21, and 7-1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Liquor Control Act of 1934 is amended by
9 changing Sections 6-1, 6-21, and 7-1 as follows:
10 (235 ILCS 5/6-1) (from Ch. 43, par. 119)
11 Sec. 6-1. Privilege granted by license; nature as to
12 property; transfer ability; tax delinquencies. A license
13 shall be purely a personal privilege, good for not to exceed
14 one year after issuance, except a non-beverage user's
15 license, unless sooner revoked as in this Act provided, and
16 shall not constitute property, nor shall it be subject to
17 attachment, garnishment or execution, nor shall it be
18 alienable or transferable, voluntarily or involuntarily, or
19 subject to being encumbered or hypothecated. Such license
20 shall not descend by the laws of testate or intestate
21 devolution, but it shall cease upon the death of the
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1 licensee, provided that executors or administrators of the
2 estate of any deceased licensee, and the trustee of any
3 insolvent or bankrupt licensee, when such estate consists in
4 part of alcoholic liquor, may continue the business of the
5 sale or manufacture of alcoholic liquor under order of the
6 appropriate court, and may exercise the privileges of the
7 deceased or insolvent or bankrupt licensee after the death of
8 such decedent, or such insolvency or bankruptcy until the
9 expiration of such license but not longer than six months
10 after the death, bankruptcy or insolvency of such licensee.
11 Except in the case of a non-beverage user's license, a refund
12 shall be made of that portion of the license fees paid for
13 any period in which the licensee shall be prevented from
14 operating under such license in accordance with the
15 provisions of this paragraph.
16 Any licensee may renew his license at the expiration
17 thereof, provided he is then qualified to receive a license
18 and the premises for which such renewal license is sought are
19 suitable for such purpose; and provided further that the
20 renewal privilege herein provided for shall not be construed
21 as a vested right which shall in any case prevent the city
22 council or village president and board of trustees or county
23 board, as the case may be, from decreasing the number of
24 licenses to be issued within its jurisdiction. No retailer's
25 license shall be renewed if the Department of Revenue has
26 reported to the Illinois Liquor Control Commission that such
27 retailer is delinquent in filing any required tax returns or
28 paying any amounts owed to the State of Illinois until the
29 applicant is issued a certificate by the Department of
30 Revenue stating that all delinquent returns or amounts owed
31 have been paid by guaranteed remittance or the payment
32 agreement to pay all amounts owed has been accepted by the
33 Department. The State Commission shall not renew a retailer's
34 license unless the applicant for renewal submits proof of
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1 dram shop insurance coverage in amounts to be determined by
2 the State Commission by rule. No retailer's license issued by
3 a local liquor control commissioner shall be renewed unless
4 the applicant provides documentation that any tax owed to (i)
5 the municipality in which the applicant is located (in the
6 case of a license issued by the mayor or president of the
7 board of trustees of a city, village or incorporated town
8 acting as local liquor control commissioner) or (ii) the
9 county in which the applicant is located (in the case of a
10 license issued by the president or chairman of a county board
11 acting as local liquor control commissioner) by the applicant
12 has been satisfied by payment in the form of a cashier's
13 check, certified check, money order, or cash.
14 A negotiable instrument received as payment for a license
15 fee, transfer fee, late fee, offer in compromise,
16 pre-disciplinary conference settlement, or fine imposed by
17 order that is dishonored on presentation shall not be
18 considered payment and shall be cause for disciplinary
19 action.
20 (Source: P.A. 89-250, eff. 1-1-96.)
21 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
22 Sec. 6-21. (a) Every person who is injured within this
23 State, in person or property, by any intoxicated person has a
24 right of action in his or her own name, severally or jointly,
25 against any person, licensed under the laws of this State or
26 of any other state to sell alcoholic liquor, who, by selling
27 or giving alcoholic liquor, within or without the territorial
28 limits of this State, causes the intoxication of such person.
29 Any person at least 21 years of age who pays for a hotel or
30 motel room or facility knowing that the room or facility is
31 to be used by any person under 21 years of age for the
32 unlawful consumption of alcoholic liquors and such
33 consumption causes the intoxication of the person under 21
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1 years of age, shall be liable to any person who is injured in
2 person or property by the intoxicated person under 21 years
3 of age. Any person owning, renting, leasing or permitting the
4 occupation of any building or premises with knowledge that
5 alcoholic liquors are to be sold therein, or who having
6 leased the same for other purposes, shall knowingly permit
7 therein the sale of any alcoholic liquors that have caused
8 the intoxication of any person, shall be liable, severally or
9 jointly, with the person selling or giving the liquors.
10 However, if such building or premises belong to a minor or
11 other person under guardianship the guardian of such person
12 shall be held liable instead of the ward. A married woman has
13 the same right to bring the action and to control it and the
14 amount recovered as an unmarried woman. All damages recovered
15 by a minor under this Act shall be paid either to the minor,
16 or to his or her parent, guardian or next friend as the court
17 shall direct. The unlawful sale or gift of alcoholic liquor
18 works a forfeiture of all rights of the lessee or tenant
19 under any lease or contract of rent upon the premises where
20 the unlawful sale or gift takes place. All actions for
21 damages under this Act may be by any appropriate action in
22 the circuit court. An action shall lie for injuries to means
23 of support or loss of society caused by an intoxicated person
24 or in consequence of the intoxication of any person resulting
25 as hereinabove set out. The action, if the person from whom
26 support or society was furnished is living, shall be brought
27 by any person injured in means of support or society in his
28 or her name for his or her benefit and the benefit of all
29 other persons injured in means of support or society.
30 However, any person claiming to be injured in means of
31 support or society and not included in any action brought
32 hereunder may join by motion made within the times herein
33 provided for bringing such action or the personal
34 representative of the deceased person from whom such support
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1 or society was furnished may so join. In every such action
2 the jury shall determine the amount of damages to be
3 recovered without regard to and with no special instructions
4 as to the dollar limits on recovery imposed by this Section.
5 The amount recovered in every such action is for the
6 exclusive benefit of the person injured in loss of support or
7 society and shall be distributed to such persons in the
8 proportions determined by the verdict rendered or judgment
9 entered in the action. If the right of action is settled by
10 agreement with the personal representative of a deceased
11 person from whom support or society was furnished, the court
12 having jurisdiction of the estate of the deceased person
13 shall distribute the amount of the settlement to the person
14 injured in loss of support or society in the proportion, as
15 determined by the court, that the percentage of dependency of
16 each such person upon the deceased person bears to the sum of
17 the percentages of dependency of all such persons upon the
18 deceased person. For all causes of action involving persons
19 injured, killed, or incurring property damage before
20 September 12, 1985, in no event shall the judgment or
21 recovery under this Act for injury to the person or to the
22 property of any person as hereinabove set out exceed $15,000,
23 and recovery under this Act for loss of means of support
24 resulting from the death or injury of any person, as
25 hereinabove set out, shall not exceed $20,000. For all causes
26 of action involving persons injured, killed, or incurring
27 property damage after September 12, 1985 but before January
28 1, 1998, in no event shall the judgment or recovery for
29 injury to the person or property of any person exceed $30,000
30 for each person incurring damages, and recovery under this
31 Act for loss of means of support resulting from the death or
32 injury of any person shall not exceed $40,000. For all causes
33 of action involving persons injured, killed, or incurring
34 property damage on or after January 1, 1998, in no event
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1 shall the judgment or recovery for injury to the person or
2 property of any person exceed $100,000 for each person
3 incurring damages, and recovery under this Act for loss of
4 means of support resulting from the death or injury of any
5 person shall not exceed $150,000. Recovery under this Act
6 for loss of society resulting from the death or injury of any
7 person, as set out in this Section, shall not exceed
8 $150,000. Nothing in this Section bars any person from making
9 separate claims which, in the aggregate, exceed any one limit
10 where such person incurs more than one type of compensable
11 damage, including personal injury, property damage, and loss
12 to means of support or society. However, all persons
13 claiming loss to means of support or society shall be limited
14 to an aggregate recovery not to exceed the single limitation
15 set forth herein for the death or injury of each person from
16 whom support or society is claimed.
17 In handling the claim of a person injured by an
18 intoxicated person under any insurance policy or self-insured
19 plan, it is the duty of that insurance company or
20 self-insured entity to exercise good faith and ordinary care
21 toward the interests of its insured or the person covered by
22 the self-insured entity.
23 In any action brought pursuant to this subsection (a) and
24 after a verdict by a jury or after judgment by the court on
25 that claim, if it appears to the court that the insurer or
26 self-insured entity unreasonably delayed in settling the
27 claim or failed to exercise good faith or ordinary care in
28 the handling of that claim, the court may allow as part of
29 the taxable costs in the action reasonable attorney fees,
30 other costs, plus an amount not to exceed any of the
31 following amounts:
32 (1) 25% of the amount that the court or jury finds such
33 party is entitled to recover against the insurer or
34 self-insured entity exclusive of all costs;
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1 (2) $25,000;
2 (3) The excess of the amount that the court or jury
3 finds such party is entitled to recover, exclusive of costs,
4 over the amount, if any, that the insurer or self-insured
5 entity offered to pay in settlement of the claim prior to the
6 verdict by a jury or judgment by the court.
7 Nothing in this Act shall be construed to confer a cause
8 of action for injuries to the person or property of the
9 intoxicated person himself, nor shall anything in this Act be
10 construed to confer a cause of action for loss of means of
11 support or society on the intoxicated person himself or on
12 any person claiming to be supported by such intoxicated
13 person or claiming the society of such person. In conformance
14 with the rule of statutory construction enunciated in the
15 general Illinois saving provision in Section 4 of "An Act to
16 revise the law in relation to the construction of the
17 statutes", approved March 5, 1874, as amended, no amendment
18 of this Section purporting to abolish or having the effect of
19 abolishing a cause of action shall be applied to invalidate a
20 cause of action accruing before its effective date,
21 irrespective of whether the amendment was passed before or
22 after the effective date of this amendatory Act of 1986.
23 Each action hereunder shall be barred unless commenced
24 within one year next after the cause of action accrued.
25 However, a licensed distributor or brewer whose only
26 connection with the furnishing of alcoholic liquor which is
27 alleged to have caused intoxication was the furnishing or
28 maintaining of any apparatus for the dispensing or cooling of
29 beer is not liable under this Section, and if such licensee
30 is named as a defendant, a proper motion to dismiss shall be
31 granted.
32 (b) Any person licensed under any state or local law to
33 sell alcoholic liquor, whether or not a citizen or resident
34 of this State, who in person or through an agent causes the
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1 intoxication, by the sale or gift of alcoholic liquor, of any
2 person who, while intoxicated, causes injury to any person or
3 property in the State of Illinois thereby submits such
4 licensed person, and, if an individual, his or her personal
5 representative, to the jurisdiction of the courts of this
6 State for a cause of action arising under subsection (a)
7 above.
8 Service of process upon any person who is subject to the
9 jurisdiction of the courts of this State, as provided in this
10 subsection, may be made by personally serving the summons
11 upon the defendant outside this State, as provided in the
12 Code of Civil Procedure, as now or hereafter amended, with
13 the same force and effect as though summons had been
14 personally served within this State.
15 Only causes of action arising under subsection (a) above
16 may be asserted against a defendant in an action in which
17 jurisdiction over him or her is based upon this subsection.
18 Nothing herein contained limits or affects the right to
19 serve any process in any other manner now or hereafter
20 provided by law.
21 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
22 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
23 Sec. 7-1. An applicant for a retail license from the
24 State Commission shall submit to the State Commission an
25 application in writing under oath stating:
26 (1) The applicant's name and mailing address;
27 (2) The name and address of the applicant's
28 business;
29 (3) If applicable, the date of the filing of the
30 "assumed name" of the business with the County Clerk;
31 (4) In case of a copartnership, the date of the
32 formation of the partnership; in the case of an Illinois
33 corporation, the date of its incorporation; or in the
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1 case of a foreign corporation, the State where it was
2 incorporated and the date of its becoming qualified under
3 the Business Corporation Act of 1983 to transact business
4 in the State of Illinois;
5 (5) The number, the date of issuance and the date
6 of expiration of the applicant's current local retail
7 liquor license;
8 (6) The name of the city, village, or county that
9 issued the local retail liquor license;
10 (7) The name and address of the landlord if the
11 premises are leased;
12 (8) The date of the applicant's first request for a
13 State liquor license and whether it was granted, denied
14 or withdrawn;
15 (9) The address of the applicant when the first
16 application for a State liquor license was made;
17 (10) The applicant's current State liquor license
18 number;
19 (11) The date the applicant began liquor sales at
20 his place of business;
21 (12) The address of the applicant's warehouse if he
22 warehouses liquor;
23 (13) The applicant's Retailer's Occupation Tax
24 (ROT) Registration Number;
25 (14) The applicant's document locater number on his
26 Federal Special Tax Stamp;
27 (15) Whether the applicant is delinquent in the
28 payment of the Retailer's Occupational Tax (Sales Tax),
29 and if so, the reasons therefor;
30 (16) Whether the applicant is delinquent under the
31 cash beer law, and if so, the reasons therefor;
32 (17) In the case of a retailer, whether he is
33 delinquent under the 30 day credit law, and if so, the
34 reasons therefor;
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1 (18) In the case of a distributor, whether he is
2 delinquent under the 15 day credit law, and if so, the
3 reasons therefor;
4 (19) Whether the applicant has made an application
5 for a liquor license which has been denied, and if so,
6 the reasons therefor;
7 (20) Whether the applicant has ever had any
8 previous liquor license suspended or revoked, and if so,
9 the reasons therefor;
10 (21) Whether the applicant has ever been convicted
11 of a gambling offense or felony, and if so, the
12 particulars thereof;
13 (22) Whether the applicant possesses a current
14 Federal Wagering Stamp, and if so, the reasons therefor;
15 (23) Whether the applicant, or any other person,
16 directly in his place of business is a public official,
17 and if so, the particulars thereof;
18 (24) The applicant's name, sex, date of birth,
19 social security number, position and percentage of
20 ownership in the business; and the name, sex, date of
21 birth, social security number, position and percentage of
22 ownership in the business of every sole owner, partner,
23 corporate officer, director, manager and any person who
24 owns 5% or more of the shares of the applicant business
25 entity or parent corporations of the applicant business
26 entity.
27 (25) That he has not received or borrowed money or
28 anything else of value, and that he will not receive or
29 borrow money or anything else of value (other than
30 merchandising credit in the ordinary course of business
31 for a period not to exceed 90 days as herein expressly
32 permitted under Section 6-5 hereof), directly or
33 indirectly, from any manufacturer, importing distributor
34 or distributor or from any representative of any such
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1 manufacturer, importing distributor or distributor, nor
2 be a party in any way, directly or indirectly, to any
3 violation by a manufacturer, distributor or importing
4 distributor of Section 6-6 of this Act.
5 The State Commission shall not issue a retailer's license
6 unless the applicant submits proof of dram shop insurance
7 coverage in amounts to be determined by the State Commission
8 by rule.
9 In addition to any other requirement of this Section, an
10 applicant for a special use permit license and a special
11 event retailer's license shall also submit proof of adequate
12 dram shop insurance for the special event prior to being
13 issued a license.
14 In addition to the foregoing information, such
15 application shall contain such other and further information
16 as the State Commission and the local commission may, by rule
17 or regulation not inconsistent with law, prescribe.
18 If the applicant reports a felony conviction as required
19 under paragraph (21) of this Section, such conviction may be
20 considered by the Commission in determining qualifications
21 for licensing, but shall not operate as a bar to licensing.
22 If said application is made in behalf of a partnership,
23 firm, association, club or corporation, then the same shall
24 be signed by one member of such partnership or the president
25 or secretary of such corporation or an authorized agent of
26 said partnership or corporation.
27 All other applications shall be on forms prescribed by
28 the State Commission, and which may exclude any of the above
29 requirements which the State Commission rules to be
30 inapplicable.
31 (Source: P.A. 88-91; 89-250, eff. 1-1-96.)".