|
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.
|
(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 |
subdivision.
|
(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 |
Act.
|
(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.
|