State of Illinois
92nd General Assembly
Legislation

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92_HB0640ham006











                                           LRB9207152LDpram06

 1                     AMENDMENT TO HOUSE BILL 640

 2        AMENDMENT NO.     .  Amend House Bill  640  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-2 as follows:

 6        (235 ILCS 5/6-2) (from Ch. 43, par. 120)
 7        Sec.  6-2.   Issuance  of  licenses  to  certain  persons
 8    prohibited.
 9        (a)  Except  as  otherwise provided in subsection (b), no
10    license of any kind issued by the  State  Commission  or  any
11    local commission shall be issued to:
12             (1)  A  person  who  is  not a resident of any city,
13        village or county in which the premises  covered  by  the
14        license  are  located; except in case of railroad or boat
15        licenses.;
16             (2)  A person who  is  not  of  good  character  and
17        reputation in the community in which he resides.;
18             (3)  A  person  who  is  not a citizen of the United
19        States.;
20             (4)  A person who has been  convicted  of  a  felony
21        under  any  Federal  or  State law, unless the Commission
22        determines  that  such  person  has   been   sufficiently
 
                            -2-            LRB9207152LDpram06
 1        rehabilitated   to   warrant   the   public  trust  after
 2        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             (5)  A person who has been convicted  of  being  the
 7        keeper or is keeping a house of ill fame.;
 8             (6)  A person who has been convicted of pandering or
 9        other   crime  or  misdemeanor  opposed  to  decency  and
10        morality.;
11             (7)  A person whose license issued  under  this  Act
12        has been revoked for cause.;
13             (8)  A  person  who  at  the time of application for
14        renewal of any license  issued  hereunder  would  not  be
15        eligible for such license upon a first application.;
16             (9)  A  copartnership,  if  any  general partnership
17        thereof, or any limited partnership thereof, owning  more
18        than 5% of the aggregate limited partner interest in such
19        copartnership  would not be eligible to receive a license
20        hereunder for any reason other than residence within  the
21        political  subdivision,  unless  residency is required by
22        local ordinance.;
23             (10)  A corporation,  if  any  officer,  manager  or
24        director  thereof,  or    any stockholder or stockholders
25        owning in the aggregate more than 5% of the stock of such
26        corporation, would not be eligible to receive  a  license
27        hereunder  for  any  reason  other  than  citizenship and
28        residence within the political subdivision.;
29             (10a)  A corporation unless it  is  incorporated  in
30        Illinois,  or unless it is a foreign corporation which is
31        qualified under the Business Corporation Act of  1983  to
32        transact business in Illinois.;
33             (11)  A  person whose place of business is conducted
34        by a  manager  or  agent  unless  the  manager  or  agent
 
                            -3-            LRB9207152LDpram06
 1        possesses   the   same  qualifications  required  by  the
 2        licensee.;
 3             (12)  A person who has been convicted of a violation
 4        of any Federal or State law concerning  the  manufacture,
 5        possession or sale of alcoholic liquor, subsequent to the
 6        passage  of  this Act or has forfeited his bond to appear
 7        in court to answer charges for any such violation.;
 8             (13)  A person who does  not  beneficially  own  the
 9        premises  for which a license is sought, or does not have
10        a lease thereon for the full period for which the license
11        is to be issued.;
12             (14)  Any law enforcing public  official,  including
13        members  of  local liquor control commissions, any mayor,
14        alderman, or member of the city  council  or  commission,
15        any  president  of  the  village  board  of trustees, any
16        member of a village board of trustees, or  any  president
17        or  member  of a county board; and no such official shall
18        be interested  directly  in  the  manufacture,  sale,  or
19        distribution  of  alcoholic liquor, except that a license
20        may be granted to such official in relation  to  premises
21        that  which  are not located within the territory subject
22        to the jurisdiction of that official if the  issuance  of
23        such  license  is  approved  by  the State Liquor Control
24        Commission and except that a license may  be  granted  to
25        such  an  official  in  relation  to    premises that are
26        located within the territory subject to the  jurisdiction
27        of    that  official  if (i) the sale of alcoholic liquor
28        pursuant to the license is incidental to the  selling  of
29        food, (ii) the issuance of the license is approved by the
30        State  Commission,  and (iii) the issuance of the license
31        is in accordance with all applicable local ordinances  in
32        effect where the premises are located.;
33             (15)  A  person who is not a beneficial owner of the
34        business to be operated by the licensee.;
 
                            -4-            LRB9207152LDpram06
 1             (16)  A person who has been convicted of a  gambling
 2        offense  as  proscribed  by  any  of  subsections (a) (3)
 3        through (a) (11) of Section 28-1 of, or as proscribed  by
 4        Section  28-1.1 or 28-3 of, the Criminal Code of 1961, or
 5        as proscribed  by  a  statute  replaced  by  any  of  the
 6        aforesaid statutory provisions.;
 7             (17)  A  person or entity to whom a federal wagering
 8        stamp has been issued by the federal  government,  unless
 9        the  person  or entity is eligible to be issued a license
10        under the Raffles Act or the Illinois Pull Tabs  and  Jar
11        Games Act.
12        (b)  A  criminal  conviction  of  a  corporation  is  not
13    grounds  for  the  denial,  suspension,  or  revocation  of a
14    license applied  for  or  held  by  the  corporation  if  the
15    criminal  conviction was not the result of a violation of any
16    federal or State law concerning the  manufacture,  possession
17    or  sale  of  alcoholic  liquor,  the offense that led to the
18    conviction did not  result  in  any  financial  gain  to  the
19    corporation   and   the   corporation   has   terminated  its
20    relationship  with  each  director,  officer,  employee,   or
21    controlling shareholder whose actions directly contributed to
22    the  conviction  of  the  corporation.  The  Commission shall
23    determine if all provisions of this subsection (b) have  been
24    met  before  any  action  on  the  corporation's  license  is
25    initiated.
26    (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.)".

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