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90_HB2948
235 ILCS 5/6-2 from Ch. 43, par. 120
Amends the Liquor Control Act of 1934. Provides that the
issuance of a license to a person who has committed certain
violations is not prohibited if the Commission determines
that the person is sufficiently rehabilitated.
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LRB9011105LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-2.
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 Section 6-2 as follows:
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), no
11 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,
14 village or county in which the premises covered by the
15 license are located; except in case of railroad or boat
16 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
20 States;
21 (4) A person who has been convicted of a felony
22 under any Federal or State law, unless the Commission
23 determines that such person has been sufficiently
24 rehabilitated to warrant the public trust after
25 considering matters set forth in such person's
26 application and the Commission's investigation. The
27 burden of proof of sufficient rehabilitation shall be on
28 the applicant;
29 (5) A person who has been convicted of being the
30 keeper or is keeping a house of ill fame;
31 (6) A person who has been convicted of pandering or
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1 other crime or misdemeanor opposed to decency and
2 morality;
3 (7) A person whose license issued under this Act
4 has been revoked for cause;
5 (8) A person who at the time of application for
6 renewal of any license issued hereunder would not be
7 eligible for such license upon a first application;
8 (9) A copartnership, if any general partnership
9 thereof, or any limited partnership thereof, owning more
10 than 5% of the aggregate limited partner interest in such
11 copartnership would not be eligible to receive a license
12 hereunder for any reason other than residence within the
13 political subdivision, unless residency is required by
14 local ordinance;
15 (10) A corporation, if any officer, manager or
16 director thereof, or any stockholder or stockholders
17 owning in the aggregate more than 5% of the stock of such
18 corporation, would not be eligible to receive a license
19 hereunder for any reason other than citizenship and
20 residence within the political subdivision;
21 (10a) A corporation unless it is incorporated in
22 Illinois, or unless it is a foreign corporation which is
23 qualified under the Business Corporation Act of 1983 to
24 transact business in Illinois;
25 (11) A person whose place of business is conducted
26 by a manager or agent unless the manager or agent
27 possesses the same qualifications required by the
28 licensee;
29 (12) A person who has been convicted of a violation
30 of any federal or State law concerning the manufacture,
31 possession or sale of alcoholic liquor, subsequent to the
32 passage of this Act or has forfeited his bond to appear
33 in court to answer charges for any such violation, unless
34 the Commission determines that such person has been
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1 sufficiently rehabilitated to warrant the public trust
2 after considering matters set forth in such person's
3 application and the Commission's investigation. The
4 burden of proof of sufficient rehabilitation shall be on
5 the applicant;
6 (13) A person who does not beneficially own the
7 premises for which a license is sought, or does not have
8 a lease thereon for the full period for which the license
9 is to be issued;
10 (14) Any law enforcing public official, including
11 members of local liquor control commissions, any mayor,
12 alderman, or member of the city council or commission,
13 any president of the village board of trustees, any
14 member of a village board of trustees, or any president
15 or member of a county board; and no such official shall
16 be interested directly in the manufacture, sale or
17 distribution of alcoholic liquor, except that license may
18 be granted to such official in relation to premises which
19 are not located within the territory subject to the
20 jurisdiction of that official if the issuance of such
21 license is approved by the State Liquor Control
22 Commission;
23 (15) A person who is not a beneficial owner of the
24 business to be operated by the licensee;
25 (16) A person who has been convicted of a gambling
26 offense as proscribed by any of subsections (a) (3)
27 through (a) (11) of Section 28-1 of, or as proscribed by
28 Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or
29 as proscribed by a statute replaced by any of the
30 aforesaid statutory provisions, unless the Commission
31 determines that such person has been sufficiently
32 rehabilitated to warrant the public trust after
33 considering matters set forth in such person's
34 application and the Commission's investigation. The
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1 burden of proof of sufficient rehabilitation shall be on
2 the applicant;
3 (17) A person or entity to whom a federal wagering
4 stamp has been issued by the federal government, unless
5 the person or entity is eligible to be issued a license
6 under the Raffles Act or the Illinois Pull Tabs and Jar
7 Games Act.
8 (b) A criminal conviction of a corporation is not
9 grounds for the denial, suspension, or revocation of a
10 license applied for or held by the corporation if the
11 criminal conviction was not the result of a violation of any
12 federal or State law concerning the manufacture, possession
13 or sale of alcoholic liquor, the offense that led to the
14 conviction did not result in any financial gain to the
15 corporation and the corporation has terminated its
16 relationship with each director, officer, employee, or
17 controlling shareholder whose actions directly contributed to
18 the conviction of the corporation. The Commission shall
19 determine if all provisions of this subsection (b) have been
20 met before any action on the corporation's license is
21 initiated.
22 (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.)