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Public Act 094-0289 |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-2 as follows:
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(235 ILCS 5/6-2) (from Ch. 43, par. 120)
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Sec. 6-2. Issuance of licenses to certain persons | ||||
prohibited.
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(a) Except as otherwise provided in subsection (b) of this | ||||
Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||
no license
of any kind issued by the State Commission or any | ||||
local
commission shall be issued to:
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(1) A person who is not a resident of any city, village | ||||
or county in
which the premises covered by the license are | ||||
located; except in case of
railroad or boat licenses.
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(2) A person who is not of good character and | ||||
reputation in the
community in which he resides.
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(3) A person who is not a citizen of the United States.
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(4) A person who has been convicted of a felony under | ||||
any Federal or
State law, unless the Commission determines | ||||
that such
person has been sufficiently rehabilitated to | ||||
warrant the public trust
after considering matters set | ||||
forth in such person's application and the
Commission's | ||||
investigation. The burden of proof of sufficient
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rehabilitation shall be on the applicant.
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(5) A person who has been convicted of being the keeper | ||||
or is keeping a
house of ill fame.
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(6) A person who has been convicted of pandering or | ||||
other crime or
misdemeanor opposed to decency and morality.
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(7) A person whose license issued under this Act has | ||||
been revoked for
cause.
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(8) A person who at the time of application for renewal |
of any license
issued hereunder would not be eligible for | ||
such license upon a first
application.
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(9) A copartnership, if any general partnership | ||
thereof, or any
limited partnership thereof, owning more | ||
than 5% of the aggregate limited
partner interest in such | ||
copartnership would not be eligible to receive a
license | ||
hereunder for any reason other than residence within the | ||
political
subdivision, unless residency is required by | ||
local ordinance.
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(10) A corporation, if any officer, manager or director | ||
thereof, or
any stockholder or stockholders owning in the | ||
aggregate more than 5% of the
stock of such corporation, | ||
would not be eligible to receive a license
hereunder for | ||
any reason other than citizenship and residence within the
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political subdivision.
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(10a) A corporation unless it is incorporated in | ||
Illinois, or unless it
is a foreign corporation which is | ||
qualified under the Business
Corporation Act of 1983 to | ||
transact business in Illinois.
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(11) A person whose place of business is conducted by a | ||
manager or agent
unless the manager or agent possesses the | ||
same qualifications required by
the licensee.
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(12) A person who has been convicted of a violation of | ||
any Federal or
State law concerning the manufacture, | ||
possession or sale of alcoholic
liquor, subsequent to the | ||
passage of this Act or has forfeited his bond to
appear in | ||
court to answer charges for any such violation.
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(13) A person who does not beneficially own the | ||
premises for which a
license is sought, or does not have a | ||
lease thereon for the full period for
which the license is | ||
to be issued.
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(14) Any law enforcing public official, including | ||
members
of local liquor control commissions,
any mayor, | ||
alderman, or member of the
city council or commission, any | ||
president of the village board of trustees,
any member of a | ||
village board of trustees, or any president or member of a
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county board; and no such official shall have a direct | ||
interest
be interested directly in the
manufacture, sale, | ||
or distribution of alcoholic liquor, except that a
license
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may be granted to such official in relation to premises | ||
that are
not
located within the territory subject to the | ||
jurisdiction of that official
if the issuance of such | ||
license is approved by the State Liquor Control
Commission
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and except that a license may be granted, in a city or | ||
village with a
population of 50,000 or less, to any | ||
alderman, member of a city council, or
member of a village | ||
board of trustees in relation to premises that are located
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within the territory
subject to the jurisdiction of that | ||
official if (i) the sale of alcoholic
liquor pursuant to | ||
the license is incidental to the selling of food, (ii) the
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issuance of the license is approved by the State | ||
Commission, (iii) the
issuance of the license is in | ||
accordance with all applicable local ordinances
in effect | ||
where the premises are located, and (iv) the official | ||
granted a
license does not vote on alcoholic liquor issues | ||
pending before the board or
council to which the license | ||
holder is elected. Notwithstanding any provision of this | ||
paragraph (14) to the contrary, an alderman or member of a | ||
city council or commission, a member of a village board of | ||
trustees other than the president of the village board of | ||
trustees, or a member of a county board other than the | ||
president of a county board may have a direct interest in | ||
the manufacture, sale, or distribution of alcoholic liquor | ||
as long as he or she is not a law enforcing public | ||
official, a mayor, a village board president, or president | ||
of a county board. To prevent any conflict of interest, the | ||
elected official with the direct interest in the | ||
manufacture, sale, or distribution of alcoholic liquor | ||
cannot participate in any meetings, hearings, or decisions | ||
on matters impacting the manufacture, sale, or | ||
distribution of alcoholic liquor.
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(15) A person who is not a beneficial owner of the |
business to be
operated by the licensee.
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(16) A person who has been convicted of a gambling | ||
offense as
proscribed by any of subsections (a) (3) through | ||
(a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||
28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||
proscribed by a
statute
replaced by any of the aforesaid | ||
statutory provisions.
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(17) A person or entity to whom a federal wagering | ||
stamp has been
issued by the
federal government, unless the | ||
person or entity is eligible to be issued a
license under | ||
the Raffles Act or the Illinois Pull Tabs and Jar Games | ||
Act.
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(18) A person who intends to sell alcoholic liquors for | ||
use or
consumption on his or her licensed retail premises | ||
who does not have liquor
liability insurance coverage for | ||
that premises in an amount that is at least
equal to the | ||
maximum liability amounts set out in subsection (a) of | ||
Section
6-21.
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(b) A criminal conviction of a corporation is not grounds | ||
for the
denial, suspension, or revocation of a license applied | ||
for or held by the
corporation if the criminal conviction was | ||
not the result of a violation of any
federal or State law | ||
concerning the manufacture, possession or sale of
alcoholic | ||
liquor, the offense that led to the conviction did not result | ||
in any
financial gain to the corporation and the corporation | ||
has terminated its
relationship with each director, officer, | ||
employee, or controlling shareholder
whose actions directly | ||
contributed to the conviction of the corporation. The
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Commission shall determine if all provisions of this subsection | ||
(b) have been
met before any action on the corporation's | ||
license is initiated.
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(Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04; | ||
93-1057, eff. 12-2-04.)
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