Bill Text: IL HB0735 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning retail sales on Sundays.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1059 [HB0735 Detail]
Download: Illinois-2011-HB0735-Introduced.html
Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning retail sales on Sundays.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1059 [HB0735 Detail]
Download: Illinois-2011-HB0735-Introduced.html
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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 4-2 and 6-2 as follows:
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6 | (235 ILCS 5/4-2) (from Ch. 43, par. 111)
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7 | Sec. 4-2. The mayor or president of the board of trustees | ||||||
8 | of each city,
village or incorporated town or his or her | ||||||
9 | designee, and the president or chairman of the county
board or | ||||||
10 | his or her designee, shall be the local liquor control | ||||||
11 | commissioner for their respective
cities, villages, | ||||||
12 | incorporated towns and counties, and shall be charged
with the | ||||||
13 | administration in their respective jurisdictions of the
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14 | appropriate provisions of this Act and of such ordinances and | ||||||
15 | resolutions
relating to alcoholic liquor as may be enacted as | ||||||
16 | long as that official or his or her designee does not have a | ||||||
17 | direct interest in the manufacture, sale, or distribution of | ||||||
18 | alcoholic liquor ; but the authority of the
president or | ||||||
19 | chairman of the county board or his or her designee shall | ||||||
20 | extend only to that area in
any county which lies outside the | ||||||
21 | corporate limits of the cities, villages
and incorporated towns | ||||||
22 | therein and those areas which are owned by the
county and are | ||||||
23 | within the corporate limits of the cities, villages and
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1 | incorporated towns with a population of less than 1,000,000, | ||||||
2 | however, such
county shall comply with the operating rules of | ||||||
3 | the municipal ordinances
affected when issuing their own | ||||||
4 | licenses. If that official has a direct interest in the | ||||||
5 | manufacture, sale, or distribution of alcoholic liquor, the | ||||||
6 | council or board over which he or she presides must appoint, by | ||||||
7 | majority vote of those elected or appointed, a liquor control | ||||||
8 | commissioner other than that official, and that official shall | ||||||
9 | not nominate or serve any other role in such appointment.
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10 | However, such mayor, president of the board of trustees or | ||||||
11 | president or
chairman of the county board or his or her | ||||||
12 | designee may appoint a person or persons to assist him
in the | ||||||
13 | exercise of the powers and the performance of the duties herein
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14 | provided for such local liquor control commissioner.
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15 | (Source: P.A. 94-747, eff. 5-8-06.)
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16 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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17 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
18 | prohibited.
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19 | (a) Except as otherwise provided in subsection (b) of this | ||||||
20 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
21 | no license
of any kind issued by the State Commission or any | ||||||
22 | local
commission shall be issued to:
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23 | (1) A person who is not a resident of any city, village | ||||||
24 | or county in
which the premises covered by the license are | ||||||
25 | located; except in case of
railroad or boat licenses.
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1 | (2) A person who is not of good character and | ||||||
2 | reputation in the
community in which he resides.
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3 | (3) A person who is not a citizen of the United States.
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4 | (4) A person who has been convicted of a felony under | ||||||
5 | any Federal or
State law, unless the Commission determines | ||||||
6 | that such
person has been sufficiently rehabilitated to | ||||||
7 | warrant the public trust
after considering matters set | ||||||
8 | forth in such person's application and the
Commission's | ||||||
9 | investigation. The burden of proof of sufficient
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10 | rehabilitation shall be on the applicant.
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11 | (5) A person who has been convicted of keeping a place | ||||||
12 | of prostitution or keeping a place of juvenile | ||||||
13 | prostitution, promoting prostitution that involves keeping | ||||||
14 | a place of prostitution, or promoting juvenile | ||||||
15 | prostitution that involves keeping a place of juvenile | ||||||
16 | prostitution.
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17 | (6) A person who has been convicted of pandering or | ||||||
18 | other crime or
misdemeanor opposed to decency and morality.
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19 | (7) A person whose license issued under this Act has | ||||||
20 | been revoked for
cause.
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21 | (8) A person who at the time of application for renewal | ||||||
22 | of any license
issued hereunder would not be eligible for | ||||||
23 | such license upon a first
application.
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24 | (9) A copartnership, if any general partnership | ||||||
25 | thereof, or any
limited partnership thereof, owning more | ||||||
26 | than 5% of the aggregate limited
partner interest in such |
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1 | copartnership would not be eligible to receive a
license | ||||||
2 | hereunder for any reason other than residence within the | ||||||
3 | political
subdivision, unless residency is required by | ||||||
4 | local ordinance.
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5 | (10) A corporation or limited liability company, if any | ||||||
6 | member, officer, manager or director thereof, or
any | ||||||
7 | stockholder or stockholders owning in the aggregate more | ||||||
8 | than 5% of the
stock of such corporation, would not be | ||||||
9 | eligible to receive a license
hereunder for any reason | ||||||
10 | other than citizenship and residence within the
political | ||||||
11 | subdivision.
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12 | (10a) A corporation or limited liability company | ||||||
13 | unless it is incorporated or organized in Illinois, or | ||||||
14 | unless it
is a foreign corporation or foreign limited | ||||||
15 | liability company which is qualified under the Business
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16 | Corporation Act of 1983 or the Limited Liability Company | ||||||
17 | Act to transact business in Illinois. The Commission shall | ||||||
18 | permit and accept from an applicant for a license under | ||||||
19 | this Act proof prepared from the Secretary of State's | ||||||
20 | website that the corporation or limited liability company | ||||||
21 | is in good standing and is qualified under the Business
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22 | Corporation Act of 1983 or the Limited Liability Company | ||||||
23 | Act to transact business in Illinois.
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24 | (11) A person whose place of business is conducted by a | ||||||
25 | manager or agent
unless the manager or agent possesses the | ||||||
26 | same qualifications required by
the licensee.
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1 | (12) A person who has been convicted of a violation of | ||||||
2 | any Federal or
State law concerning the manufacture, | ||||||
3 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
4 | passage of this Act or has forfeited his bond to
appear in | ||||||
5 | court to answer charges for any such violation.
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6 | (13) A person who does not beneficially own the | ||||||
7 | premises for which a
license is sought, or does not have a | ||||||
8 | lease thereon for the full period for
which the license is | ||||||
9 | to be issued.
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10 | (14) Any law enforcing public official, including | ||||||
11 | members
of local liquor control commissions,
any mayor, | ||||||
12 | alderman, or member of the
city council or commission, any | ||||||
13 | president of the village board of trustees,
any member of a | ||||||
14 | village board of trustees, or any president or member of a
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15 | county board; and no such official shall have a direct | ||||||
16 | interest in the
manufacture, sale, or distribution of | ||||||
17 | alcoholic liquor, except that a
license
may be granted to | ||||||
18 | such official in relation to premises that are
not
located | ||||||
19 | within the territory subject to the jurisdiction of that | ||||||
20 | official
if the issuance of such license is approved by the | ||||||
21 | State Liquor Control
Commission
and except that a license | ||||||
22 | may be granted, in a city or village with a
population of | ||||||
23 | 50,000 or less, to any mayor, alderman, member of a city | ||||||
24 | council, or president or
member of a village board of | ||||||
25 | trustees in relation to premises that are located
within | ||||||
26 | the territory
subject to the jurisdiction of that official |
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1 | if (i) the sale of alcoholic
liquor pursuant to the license | ||||||
2 | is incidental to the selling of food, (ii) the
issuance of | ||||||
3 | the license is approved by the State Commission, (iii) the
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4 | issuance of the license is in accordance with all | ||||||
5 | applicable local ordinances
in effect where the premises | ||||||
6 | are located, and (iv) the official granted a
license does | ||||||
7 | not vote on alcoholic liquor issues pending before the | ||||||
8 | board or
council to which the license holder is elected or | ||||||
9 | appointed . Notwithstanding any provision of this paragraph | ||||||
10 | (14) to the contrary, (i) an alderman or member of a city | ||||||
11 | council or commission, a member of a village board of | ||||||
12 | trustees other than the president of the village board of | ||||||
13 | trustees, or a member of a county board other than the | ||||||
14 | president of a county board may have a direct interest in | ||||||
15 | the manufacture, sale, or distribution of alcoholic liquor | ||||||
16 | as long as he or she is not a law enforcing public | ||||||
17 | official, a mayor, a village board president, or president | ||||||
18 | of a county board and, furthermore, (ii) the mayor of a | ||||||
19 | city, president of a village board of trustees, or chairman | ||||||
20 | or president of a county board may have a direct interest | ||||||
21 | in the manufacture, sale, or distribution of alcoholic | ||||||
22 | liquor as long as the council or board has appointed a | ||||||
23 | liquor control commissioner pursuant to Section 4-2 of this | ||||||
24 | Act . To prevent any conflict of interest, the elected | ||||||
25 | official with the direct interest in the manufacture, sale, | ||||||
26 | or distribution of alcoholic liquor cannot participate in |
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1 | any meetings, hearings, or decisions on matters impacting | ||||||
2 | the manufacture, sale, or distribution of alcoholic | ||||||
3 | liquor.
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4 | (15) A person who is not a beneficial owner of the | ||||||
5 | business to be
operated by the licensee.
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6 | (16) A person who has been convicted of a gambling | ||||||
7 | offense as
proscribed by any of subsections (a) (3) through | ||||||
8 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
9 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
10 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
11 | statutory provisions.
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12 | (17) A person or entity to whom a federal wagering | ||||||
13 | stamp has been
issued by the
federal government, unless the | ||||||
14 | person or entity is eligible to be issued a
license under | ||||||
15 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
16 | Act.
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17 | (18) A person who intends to sell alcoholic liquors for | ||||||
18 | use or
consumption on his or her licensed retail premises | ||||||
19 | who does not have liquor
liability insurance coverage for | ||||||
20 | that premises in an amount that is at least
equal to the | ||||||
21 | maximum liability amounts set out in subsection (a) of | ||||||
22 | Section
6-21.
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23 | (b) A criminal conviction of a corporation is not grounds | ||||||
24 | for the
denial, suspension, or revocation of a license applied | ||||||
25 | for or held by the
corporation if the criminal conviction was | ||||||
26 | not the result of a violation of any
federal or State law |
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1 | concerning the manufacture, possession or sale of
alcoholic | ||||||
2 | liquor, the offense that led to the conviction did not result | ||||||
3 | in any
financial gain to the corporation and the corporation | ||||||
4 | has terminated its
relationship with each director, officer, | ||||||
5 | employee, or controlling shareholder
whose actions directly | ||||||
6 | contributed to the conviction of the corporation. The
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7 | Commission shall determine if all provisions of this subsection | ||||||
8 | (b) have been
met before any action on the corporation's | ||||||
9 | license is initiated.
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10 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
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