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90_HB3030enr
235 ILCS 5/5-1 from Ch. 43, par. 115
Amends the Liquor Control Act of 1934. Provides that an
applicant for a special event retailer's license must, in
addition to current requirements, (i) show proof that the
applicant is a valid educational, fraternal, political,
civic, religious, or non-profit organization, (ii) not hold a
retailer's license, (iii) not have received more than 3
special event retailer's licenses in the prior 12 months, and
(iv) show proof to the State Commission that it has obtained
local authority approval. Effective immediately.
LRB9009516LDdvA
HB3030 Enrolled LRB9009516LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 5-1, 6-9, 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 5-1, 6-9, and 7-1 as follows:
7 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
8 Sec. 5-1. Licenses issued by the Illinois Liquor Control
9 Commission shall be of the following classes:
10 (a) Manufacturer's license - Class 1. Distiller, Class
11 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
12 Manufacturer, Class 5. Second Class Wine Manufacturer,
13 Class 6. First Class Winemaker, Class 7. Second Class
14 Winemaker, Class 8. Limited Wine Manufacturer,
15 (b) Distributor's license,
16 (c) Importing Distributor's license,
17 (d) Retailer's license,
18 (e) Special Event Retailer's license (not-for-profit),
19 (f) Railroad license,
20 (g) Boat license,
21 (h) Non-Beverage User's license,
22 (i) Wine-maker's retail license,
23 (j) Airplane license,
24 (k) Foreign importer's license,
25 (l) Broker's license,
26 (m) Non-resident dealer's license,
27 (n) Brew Pub license,
28 (o) Auction liquor license,
29 (p) Caterer retailer license,
30 (q) Special use permit license.
31 Nothing in this provision, nor in any subsequent
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1 provision of this Act shall be interpreted as forbidding an
2 individual or firm from concurrently obtaining and holding a
3 Winemaker's and a Wine manufacturer's license.
4 (a) A manufacturer's license shall allow the
5 manufacture, importation in bulk, storage, distribution and
6 sale of alcoholic liquor to persons without the State, as may
7 be permitted by law and to licensees in this State as
8 follows:
9 Class 1. A Distiller may make sales and deliveries of
10 alcoholic liquor to distillers, rectifiers, importing
11 distributors, distributors and non-beverage users and to no
12 other licensees.
13 Class 2. A Rectifier, who is not a distiller, as defined
14 herein, may make sales and deliveries of alcoholic liquor to
15 rectifiers, importing distributors, distributors, retailers
16 and non-beverage users and to no other licensees.
17 Class 3. A Brewer may make sales and deliveries of beer
18 to importing distributors, distributors, and to
19 non-licensees, and to retailers provided the brewer obtains
20 an importing distributor's license or distributor's license
21 in accordance with the provisions of this Act.
22 Class 4. A first class wine-manufacturer may make sales
23 and deliveries of between 40,000 and 50,000 gallons of wine
24 to manufacturers, importing distributors and distributors,
25 and to no other licensees.
26 Class 5. A second class Wine manufacturer may make sales
27 and deliveries of more than 50,000 gallons of wine to
28 manufacturers, importing distributors and distributors and to
29 no other licensees.
30 Class 6. A first-class wine-maker's license shall allow
31 the manufacture of less than 20,000 gallons of wine per year,
32 and the storage and sale of such wine to distributors and
33 retailers in the State and to persons without the State, as
34 may be permitted by law.
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1 Class 7. A second-class wine-maker's license shall allow
2 the manufacture of up to 50,000 gallons of wine per year, and
3 the storage and sale of such wine to distributors in this
4 State and to persons without the State, as may be permitted
5 by law. A second-class wine-maker's license shall allow the
6 sale of no more than 10,000 gallons of the licensee's wine
7 directly to retailers.
8 Class 8. A limited wine-manufacturer may make sales and
9 deliveries not to exceed 40,000 gallons of wine per year to
10 distributors, and to non-licensees in accordance with the
11 provisions of this Act.
12 (a-1) A manufacturer which is licensed in this State to
13 make sales or deliveries of alcoholic liquor and which
14 enlists agents, representatives, or individuals acting on its
15 behalf who contact licensed retailers on a regular and
16 continual basis in this State must register those agents,
17 representatives, or persons acting on its behalf with the
18 State Commission.
19 Registration of agents, representatives, or persons
20 acting on behalf of a manufacturer is fulfilled by submitting
21 a form to the Commission. The form shall be developed by the
22 Commission and shall include the name and address of the
23 applicant, the name and address of the manufacturer he or she
24 represents, the territory or areas assigned to sell to or
25 discuss pricing terms of alcoholic liquor, and any other
26 questions deemed appropriate and necessary. All statements
27 in the forms required to be made by law or by rule shall be
28 deemed material, and any person who knowingly misstates any
29 material fact under oath in an application is guilty of a
30 Class B misdemeanor. Fraud, misrepresentation, false
31 statements, misleading statements, evasions, or suppression
32 of material facts in the securing of a registration are
33 grounds for suspension or revocation of the registration.
34 (b) A distributor's license shall allow the wholesale
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1 purchase and storage of alcoholic liquors and sale of
2 alcoholic liquors to licensees in this State and to persons
3 without the State, as may be permitted by law.
4 (c) An importing distributor's license may be issued to
5 and held by those only who are duly licensed distributors,
6 upon the filing of an application by a duly licensed
7 distributor, with the Commission and the Commission shall,
8 without the payment of any fee, immediately issue such
9 importing distributor's license to the applicant, which shall
10 allow the importation of alcoholic liquor by the licensee
11 into this State from any point in the United States outside
12 this State, and the purchase of alcoholic liquor in barrels,
13 casks or other bulk containers and the bottling of such
14 alcoholic liquors before resale thereof, but all bottles or
15 containers so filled shall be sealed, labeled, stamped and
16 otherwise made to comply with all provisions, rules and
17 regulations governing manufacturers in the preparation and
18 bottling of alcoholic liquors. The importing distributor's
19 license shall permit such licensee to purchase alcoholic
20 liquor from Illinois licensed non-resident dealers and
21 foreign importers only.
22 (d) A retailer's license shall allow the licensee to
23 sell and offer for sale at retail, only in the premises
24 specified in such license, alcoholic liquor for use or
25 consumption, but not for resale in any form: Provided that
26 any retail license issued to a manufacturer shall only permit
27 such manufacturer to sell beer at retail on the premises
28 actually occupied by such manufacturer.
29 After January 1, 1995 there shall be 2 classes of
30 licenses issued under a retailers license.
31 (1) A "retailers on premise consumption license"
32 shall allow the licensee to sell and offer for sale at
33 retail, only on the premises specified in the license,
34 alcoholic liquor for use or consumption on the premises
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1 or on and off the premises, but not for resale in any
2 form.
3 (2) An "off premise sale license" shall allow the
4 licensee to sell, or offer for sale at retail, alcoholic
5 liquor intended only for off premise consumption and not
6 for resale in any form.
7 Notwithstanding any other provision of this subsection
8 (d), a retail licensee may sell alcoholic liquors to a
9 special event retailer licensee for resale to the extent
10 permitted under subsection (e).
11 (e) A special event retailer's license (not-for-profit)
12 shall permit the licensee to purchase alcoholic liquors from
13 an Illinois licensed distributor (unless the licensee
14 purchases less than $500 of alcoholic liquors for the special
15 event, in which case the licensee may purchase the alcoholic
16 liquors from a licensed retailer) and shall allow the
17 licensee to sell and offer for sale, at retail, alcoholic
18 liquors for use or consumption, but not for resale in any
19 form and only at the location and on the specific dates
20 designated for the special event in the license. An
21 applicant for a special event retailer license must (i)
22 furnish with the application: (A) a resale number issued
23 under Section 2c of the Retailers' Occupation Tax Act or
24 evidence that the applicant is registered under Section 2a of
25 the Retailers' Occupation Tax Act, (B) a current, valid
26 exemption identification number issued under Section 1g of
27 the Retailers' Occupation Tax Act, and a certification to the
28 Commission that the purchase of alcoholic liquors will be a
29 tax-exempt purchase, or (C) a statement that the applicant is
30 not registered under Section 2a of the Retailers' Occupation
31 Tax Act, does not hold a resale number under Section 2c of
32 the Retailers' Occupation Tax Act, and does not hold an
33 exemption number under Section 1g of the Retailers'
34 Occupation Tax Act, in which event the Commission shall set
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1 forth on the special event retailer's license a statement to
2 that effect; (ii) also submit with the application proof
3 satisfactory to the State Commission that the applicant will
4 provide dram shop liability insurance in the maximum limits;
5 and (iii) show proof satisfactory to the State Commission
6 that the applicant has obtained have local authority
7 approval.
8 (f) A railroad license shall permit the licensee to
9 import alcoholic liquors into this State from any point in
10 the United States outside this State and to store such
11 alcoholic liquors in this State; to make wholesale purchases
12 of alcoholic liquors directly from manufacturers, foreign
13 importers, distributors and importing distributors from
14 within or outside this State; and to store such alcoholic
15 liquors in this State; provided that the above powers may be
16 exercised only in connection with the importation, purchase
17 or storage of alcoholic liquors to be sold or dispensed on a
18 club, buffet, lounge or dining car operated on an electric,
19 gas or steam railway in this State; and provided further,
20 that railroad licensees exercising the above powers shall be
21 subject to all provisions of Article VIII of this Act as
22 applied to importing distributors. A railroad license shall
23 also permit the licensee to sell or dispense alcoholic
24 liquors on any club, buffet, lounge or dining car operated on
25 an electric, gas or steam railway regularly operated by a
26 common carrier in this State, but shall not permit the sale
27 for resale of any alcoholic liquors to any licensee within
28 this State. A license shall be obtained for each car in
29 which such sales are made.
30 (g) A boat license shall allow the sale of alcoholic
31 liquor in individual drinks, on any passenger boat regularly
32 operated as a common carrier on navigable waters in this
33 State, which boat maintains a public dining room or
34 restaurant thereon.
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1 (h) A non-beverage user's license shall allow the
2 licensee to purchase alcoholic liquor from a licensed
3 manufacturer or importing distributor, without the imposition
4 of any tax upon the business of such licensed manufacturer or
5 importing distributor as to such alcoholic liquor to be used
6 by such licensee solely for the non-beverage purposes set
7 forth in subsection (a) of Section 8-1 of this Act, and such
8 licenses shall be divided and classified and shall permit the
9 purchase, possession and use of limited and stated quantities
10 of alcoholic liquor as follows:
11 Class 1, not to exceed ....................... 500 gallons
12 Class 2, not to exceed ....................... 1,000 gallons
13 Class 3, not to exceed ....................... 5,000 gallons
14 Class 4, not to exceed ....................... 10,000 gallons
15 Class 5, not to exceed ....................... 50,000 gallons
16 (i) A wine-maker's retail license shall allow the
17 licensee to sell and offer for sale at retail in the premises
18 specified in such license not more than 50,000 gallons of
19 wine per year for use or consumption, but not for resale in
20 any form; this license shall be issued only to a person
21 licensed as a first-class or second-class wine-maker. A
22 wine-maker's retail licensee, upon receiving permission from
23 the Commission, may conduct business at a second location
24 that is separate from the location specified in its
25 wine-maker's retail license. One wine-maker's retail
26 license-second location may be issued to a wine-maker's
27 retail licensee allowing the licensee to sell and offer for
28 sale at retail in the premises specified in the wine-maker's
29 retail license-second location up to 50,000 gallons of wine
30 that was produced at the licensee's first location per year
31 for use and consumption and not for resale.
32 (j) An airplane license shall permit the licensee to
33 import alcoholic liquors into this State from any point in
34 the United States outside this State and to store such
HB3030 Enrolled -8- LRB9009516LDdvA
1 alcoholic liquors in this State; to make wholesale purchases
2 of alcoholic liquors directly from manufacturers, foreign
3 importers, distributors and importing distributors from
4 within or outside this State; and to store such alcoholic
5 liquors in this State; provided that the above powers may be
6 exercised only in connection with the importation, purchase
7 or storage of alcoholic liquors to be sold or dispensed on an
8 airplane; and provided further, that airplane licensees
9 exercising the above powers shall be subject to all
10 provisions of Article VIII of this Act as applied to
11 importing distributors. An airplane licensee shall also
12 permit the sale or dispensing of alcoholic liquors on any
13 passenger airplane regularly operated by a common carrier in
14 this State, but shall not permit the sale for resale of any
15 alcoholic liquors to any licensee within this State. A
16 single airplane license shall be required of an airline
17 company if liquor service is provided on board aircraft in
18 this State. The annual fee for such license shall be as
19 determined in Section 5-3.
20 (k) A foreign importer's license shall permit such
21 licensee to purchase alcoholic liquor from Illinois licensed
22 non-resident dealers only, and to import alcoholic liquor
23 other than in bulk from any point outside the United States
24 and to sell such alcoholic liquor to Illinois licensed
25 importing distributors and to no one else in Illinois.
26 (l) A broker's license shall be required of all brokers
27 who solicit orders for, offer to sell or offer to supply
28 alcoholic liquor to retailers in the State of Illinois, or
29 who offer to retailers to ship or cause to be shipped or to
30 make contact with distillers, rectifiers, brewers or
31 manufacturers or any other party within or without the State
32 of Illinois in order that alcoholic liquors be shipped to a
33 distributor, importing distributor or foreign importer,
34 whether such solicitation or offer is consummated within or
HB3030 Enrolled -9- LRB9009516LDdvA
1 without the State of Illinois.
2 No holder of a retailer's license issued by the Illinois
3 Liquor Control Commission shall purchase or receive any
4 alcoholic liquor, the order for which was solicited or
5 offered for sale to such retailer by a broker unless the
6 broker is the holder of a valid broker's license.
7 The broker shall, upon the acceptance by a retailer of
8 the broker's solicitation of an order or offer to sell or
9 supply or deliver or have delivered alcoholic liquors,
10 promptly forward to the Illinois Liquor Control Commission a
11 notification of said transaction in such form as the
12 Commission may by regulations prescribe.
13 Such license shall not entitle the holder to buy or sell
14 any alcoholic liquors for his own account or to take or
15 deliver title to such alcoholic liquors.
16 This subsection shall not apply to distributors,
17 employees of distributors, or employees of a manufacturer who
18 has registered the trademark, brand or name of the alcoholic
19 liquor pursuant to Section 6-9 of this Act, and who regularly
20 sells such alcoholic liquor in the State of Illinois only to
21 its registrants thereunder.
22 Any agent, representative, or person subject to
23 registration pursuant to subsection (a-1) of this Section
24 shall not be eligible to receive a broker's license.
25 (m) A non-resident dealer's license shall permit such
26 licensee to ship into and warehouse alcoholic liquor into
27 this State from any point outside of this State, and to sell
28 such alcoholic liquor to Illinois licensed foreign importers
29 and importing distributors and to no one else in this State;
30 provided that said non-resident dealer shall register with
31 the Illinois Liquor Control Commission each and every brand
32 of alcoholic liquor which it proposes to sell to Illinois
33 licensees during the license period; and further provided
34 that it shall comply with all of the provisions of Section
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1 6-9 hereof with respect to registration of such Illinois
2 licensees as may be granted the right to sell such brands at
3 wholesale.
4 (n) A brew pub license shall allow the licensee to
5 manufacture beer only on the premises specified in the
6 license, to make sales of the beer manufactured on the
7 premises to importing distributors, distributors, and to
8 non-licensees for use and consumption, to store the beer upon
9 the premises, and to sell and offer for sale at retail from
10 the licensed premises, provided that a brew pub licensee
11 shall not sell for off-premises consumption more than 50,000
12 gallons per year.
13 (o) A caterer retailer license shall allow the holder to
14 serve alcoholic liquors as an incidental part of a food
15 service that serves prepared meals which excludes the serving
16 of snacks as the primary meal, either on or off-site whether
17 licensed or unlicensed.
18 (p) An auction liquor license shall allow the licensee
19 to sell and offer for sale at auction wine and spirits for
20 use or consumption, or for resale by an Illinois liquor
21 licensee in accordance with provisions of this Act. An
22 auction liquor license will be issued to a person and it will
23 permit the auction liquor licensee to hold the auction
24 anywhere in the State. An auction liquor license must be
25 obtained for each auction at least 14 days in advance of the
26 auction date.
27 (q) A special use permit license shall allow an Illinois
28 licensed retailer to transfer a portion of its alcoholic
29 liquor inventory from its retail licensed premises to the
30 premises specified in the license hereby created, and to sell
31 or offer for sale at retail, only in the premises specified
32 in the license hereby created, the transferred alcoholic
33 liquor for use or consumption, but not for resale in any
34 form. A special use permit license may be granted for the
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1 following time periods: one day or less; 2 or more days to a
2 maximum of 15 days per location in any 12 month period. An
3 applicant for the special use permit license must also submit
4 with the application proof satisfactory to the State
5 Commission that the applicant will provide dram shop
6 liability insurance to the maximum limits and have local
7 authority approval.
8 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
9 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
10 revised 11-5-97.)
11 (235 ILCS 5/6-9) (from Ch. 43, par. 126)
12 Sec. 6-9. Registration of trade marks; sale within
13 geographical area; delivery to authorized persons. The
14 Legislature hereby finds and declares that for purposes of
15 ensuring the preservation and enhancement of interbrand
16 competition in the alcoholic liquor industry within the
17 State, ensuring that importation and distribution of
18 alcoholic liquor in the State will be subject to thorough and
19 inexpensive monitoring by the State, reducing the importation
20 of illicit or untaxed alcoholic liquor into the State,
21 excluding misbranded alcoholic liquor products from the
22 State, providing incentives to distributors to service and
23 sell to larger numbers of retail licensees in the geographic
24 area where such distributors are engaged in business, and
25 reducing the amount of spoiled and overaged alcoholic liquor
26 products sold to consumers, it is necessary to restrict the
27 purchase of alcoholic liquors at wholesale in the State to
28 those persons selected by the manufacturer, distributor,
29 importing distributor or foreign importer who owns or
30 controls the trade mark, brand or name of the alcoholic
31 liquor products sold to such persons, and to restrict the
32 geographic area or areas within which such persons sell such
33 alcoholic liquor at wholesale, as provided in this Section.
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1 Each manufacturer, non-resident dealer, distributor,
2 importing distributor, or foreign importer who owns or
3 controls the trade mark, brand or name of any alcoholic
4 liquor shall register with the State Commission, in the
5 Chicago office, on or before the effective date, the name of
6 each person to whom such manufacturer, non-resident dealer,
7 distributor, importing distributor, or foreign importer
8 grants the right to sell at wholesale in this State any such
9 alcoholic liquor, specifying the particular trade mark, brand
10 or name of alcoholic liquor as to which such right is
11 granted, the geographical area or areas for which such right
12 is granted and the period of time for which such rights are
13 granted to such person. Each manufacturer, non-resident
14 dealer, distributor or importing distributor, or foreign
15 importer who is required to register under this Section must
16 furnish a copy of the registration statement at the time of
17 appointment to the person who has been granted the right to
18 sell alcoholic liquor at wholesale. Such manufacturer,
19 non-resident dealer, distributor, importing distributor, or
20 foreign importer may grant the right to sell at wholesale any
21 trade mark, brand or name of any alcoholic liquor in any
22 geographical area to more than one person. If the
23 registration is received after the effective date, the
24 Commission shall treat the date the registration was received
25 in the Chicago office as the effective date. Such
26 registration shall be made on a form prescribed by the State
27 Commission and the State Commission may require such
28 registration to be on a form provided by it. No such
29 registration shall be made by any other person or in any
30 other manner than as is provided in this Section and only
31 those persons registered by the manufacturer, non-resident
32 dealer, distributor, importing distributor or foreign
33 importer, shall have the right to sell at wholesale in this
34 State, the brand of alcoholic liquor specified on the
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1 registration form.
2 However, a licensed Illinois distributor who has not been
3 registered to sell a brand of alcoholic liquor, but for a
4 period of 2 years prior to November 8, 1979 has been engaged
5 in the purchase of a brand for resale from a licensed
6 Illinois distributor who has the right to sell that brand at
7 wholesale, may continue to purchase and resell the brand at
8 wholesale, and may purchase from the same distributor and
9 resell at wholesale any new brands of the same manufacturer,
10 provided that:
11 (1) Within 60 days after November 8, 1979 he
12 identifies the brand which he so purchased to the State
13 Commission and the Commission within 30 days thereafter
14 verifies that the purchases have occurred;
15 (2) Thereafter, he notifies the State Commission in
16 writing of any brands of the same manufacturer which he
17 wishes to purchase from the same distributor that were
18 not available for distribution on or before November 8,
19 1979, and that the Commission within 30 days of such
20 notification verifies that the brand is a new brand of
21 the same manufacturer, and that the same licensed
22 Illinois distributor has the right to sell the new brand
23 at wholesale;
24 (3) His licensed business address is within the
25 geographical area for which the licensed Illinois
26 distributor from whom the purchases are made has the
27 right to sell said brand or brands of alcoholic liquor;
28 and
29 (4) His sales are made within the geographical area
30 for which the licensed Illinois distributor from whom the
31 purchases are made has the right to sell the brand or
32 brands of alcoholic liquor and only to retail licensees
33 whose licensed premises are located within the
34 aforementioned geographical area.
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1 No person to whom such right is granted shall sell at
2 wholesale in this State any alcoholic liquor bearing such
3 trade mark, brand or name outside of the geographical area
4 for which such person holds such selling right, as registered
5 with the State Commission, nor shall he sell such alcoholic
6 liquor within such geographical area to a retail licensee if
7 the premises specified in such retailer's license are located
8 outside such geographical area. Any licensed Illinois
9 distributor who has not been granted the right to sell any
10 alcoholic liquor at wholesale and is purchasing alcoholic
11 liquor from a person who has been granted the right to sell
12 at wholesale may sell and deliver only to retail licensees
13 whose licensed premises are within the same geographical area
14 as the person who has been granted the right to sell at
15 wholesale.
16 No manufacturer, importing distributor, distributor,
17 non-resident dealer, or foreign importer shall sell or
18 deliver any package containing alcoholic liquor manufactured
19 or distributed by him for resale, unless the person to whom
20 such package is sold or delivered is authorized to receive
21 such package in accordance with the provisions of this Act.
22 (Source: P.A. 89-250, eff. 1-1-96.)
23 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
24 Sec. 7-1. An applicant for a retail license from the
25 State Commission shall submit to the State Commission an
26 application in writing under oath stating:
27 (1) The applicant's name and mailing address;
28 (2) The name and address of the applicant's
29 business;
30 (3) If applicable, the date of the filing of the
31 "assumed name" of the business with the County Clerk;
32 (4) In case of a copartnership, the date of the
33 formation of the partnership; in the case of an Illinois
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1 corporation, the date of its incorporation; or in the
2 case of a foreign corporation, the State where it was
3 incorporated and the date of its becoming qualified under
4 the Business Corporation Act of 1983 to transact business
5 in the State of Illinois;
6 (5) The number, the date of issuance and the date
7 of expiration of the applicant's current local retail
8 liquor license;
9 (6) The name of the city, village, or county that
10 issued the local retail liquor license;
11 (7) The name and address of the landlord if the
12 premises are leased;
13 (8) The date of the applicant's first request for a
14 State liquor license and whether it was granted, denied
15 or withdrawn;
16 (9) The address of the applicant when the first
17 application for a State liquor license was made;
18 (10) The applicant's current State liquor license
19 number;
20 (11) The date the applicant began liquor sales at
21 his place of business;
22 (12) The address of the applicant's warehouse if he
23 warehouses liquor;
24 (13) The applicant's Retailer's Occupation Tax
25 (ROT) Registration Number;
26 (14) The applicant's document locater number on his
27 Federal Special Tax Stamp;
28 (15) Whether the applicant is delinquent in the
29 payment of the Retailer's Occupational Tax (Sales Tax),
30 and if so, the reasons therefor;
31 (16) Whether the applicant is delinquent under the
32 cash beer law, and if so, the reasons therefor;
33 (17) In the case of a retailer, whether he is
34 delinquent under the 30 day credit law, and if so, the
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1 reasons therefor;
2 (18) In the case of a distributor, whether he is
3 delinquent under the 15 day credit law, and if so, the
4 reasons therefor;
5 (19) Whether the applicant has made an application
6 for a liquor license which has been denied, and if so,
7 the reasons therefor;
8 (20) Whether the applicant has ever had any
9 previous liquor license suspended or revoked, and if so,
10 the reasons therefor;
11 (21) Whether the applicant has ever been convicted
12 of a gambling offense or felony, and if so, the
13 particulars thereof;
14 (22) Whether the applicant possesses a current
15 Federal Wagering Stamp, and if so, the reasons therefor;
16 (23) Whether the applicant, or any other person,
17 directly in his place of business is a public official,
18 and if so, the particulars thereof;
19 (24) The applicant's name, sex, date of birth,
20 social security number, position and percentage of
21 ownership in the business; and the name, sex, date of
22 birth, social security number, position and percentage of
23 ownership in the business of every sole owner, partner,
24 corporate officer, director, manager and any person who
25 owns 5% or more of the shares of the applicant business
26 entity or parent corporations of the applicant business
27 entity.
28 (25) That he has not received or borrowed money or
29 anything else of value, and that he will not receive or
30 borrow money or anything else of value (other than
31 merchandising credit in the ordinary course of business
32 for a period not to exceed 90 days as herein expressly
33 permitted under Section 6-5 hereof), directly or
34 indirectly, from any manufacturer, importing distributor
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1 or distributor or from any representative of any such
2 manufacturer, importing distributor or distributor, nor
3 be a party in any way, directly or indirectly, to any
4 violation by a manufacturer, distributor or importing
5 distributor of Section 6-6 of this Act.
6 In addition to any other requirement of this Section, an
7 applicant for a special use permit license and a special
8 event retailer's license shall also submit (A) proof
9 satisfactory to the Commission that the applicant has a
10 resale number issued under Section 2c of the Retailer's
11 Occupation Tax Act or that the applicant is registered under
12 Section 2a of the Retailer's Occupation Tax Act, (B) proof
13 satisfactory to the Commission that the applicant has a
14 current, valid exemption identification number issued under
15 Section 1g of the Retailers' Occupation Tax Act and a
16 certification to the Commission that the purchase of
17 alcoholic liquors will be a tax-exempt purchase, or (C) a
18 statement that the applicant is not registered under Section
19 2a of the Retailers' Occupation Tax Act, does not hold a
20 resale number under Section 2c of the Retailers' Occupation
21 Tax Act, and does not hold an exemption number under Section
22 1g of the Retailers' Occupation Tax Act. The applicant shall
23 also submit proof of adequate dram shop insurance for the
24 special event prior to being issued a license.
25 In addition to the foregoing information, such
26 application shall contain such other and further information
27 as the State Commission and the local commission may, by rule
28 or regulation not inconsistent with law, prescribe.
29 If the applicant reports a felony conviction as required
30 under paragraph (21) of this Section, such conviction may be
31 considered by the Commission in determining qualifications
32 for licensing, but shall not operate as a bar to licensing.
33 If said application is made in behalf of a partnership,
34 firm, association, club or corporation, then the same shall
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1 be signed by one member of such partnership or the president
2 or secretary of such corporation or an authorized agent of
3 said partnership or corporation.
4 All other applications shall be on forms prescribed by
5 the State Commission, and which may exclude any of the above
6 requirements which the State Commission rules to be
7 inapplicable.
8 (Source: P.A. 88-91; 89-250, eff. 1-1-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.