Illinois General Assembly - Full Text of Public Act 094-0381
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Public Act 094-0381




Public Act 094-0381
SB0406 Enrolled LRB094 09354 LJB 39597 b

    AN ACT concerning liquor.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-2 as follows:
    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
    Sec. 6-2. Issuance of licenses to certain persons
    (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:
        (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.
        (2) A person who is not of good character and
    reputation in the community in which he resides.
        (3) A person who is not a citizen of the United States.
        (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
    rehabilitation shall be on the applicant.
        (5) A person who has been convicted of being the keeper
    or is keeping a house of ill fame.
        (6) A person who has been convicted of pandering or
    other crime or misdemeanor opposed to decency and morality.
        (7) A person whose license issued under this Act has
    been revoked for cause.
        (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.
        (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.
        (10) A corporation or limited liability company, if any
    member, 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 political
        (10a) A corporation or limited liability company
    unless it is incorporated or organized in Illinois, or
    unless it is a foreign corporation or foreign limited
    liability company which is qualified under the Business
    Corporation Act of 1983 or the Limited Liability Company
    Act to transact business in Illinois. The Commission shall
    permit and accept from an applicant for a license under
    this Act proof prepared from the Secretary of State's
    website that the corporation or limited liability company
    is in good standing and is qualified under the Business
    Corporation Act of 1983 or the Limited Liability Company
    Act to transact business in Illinois.
        (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.
        (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.
        (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.
        (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
    county board; and no such official shall be interested
    directly in the manufacture, sale, or distribution of
    alcoholic liquor, except that a license 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 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 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 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.
        (15) A person who is not a beneficial owner of the
    business to be operated by the licensee.
        (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.
        (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
        (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.
    (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
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's
license is initiated.
(Source: P.A. 92-378, eff. 8-16-01; 93-266, eff. 1-1-04;
93-1057, eff. 12-2-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2005