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Rep. Lou Lang
Filed: 10/24/2011
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| 1 | | AMENDMENT TO HOUSE BILL 735
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| 2 | | AMENDMENT NO. ______. Amend House Bill 735 by replacing |
| 3 | | everything after the enacting clause with the following:
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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 |
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| 1 | | direct interest in the manufacture, sale, or distribution of |
| 2 | | alcoholic liquor; but the authority of the
president or |
| 3 | | chairman of the county board or his or her designee shall |
| 4 | | extend only to that area in
any county which lies outside the |
| 5 | | corporate limits of the cities, villages
and incorporated towns |
| 6 | | therein and those areas which are owned by the
county and are |
| 7 | | within the corporate limits of the cities, villages and
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| 8 | | incorporated towns with a population of less than 1,000,000, |
| 9 | | however, such
county shall comply with the operating rules of |
| 10 | | the municipal ordinances
affected when issuing their own |
| 11 | | licenses. If that official has a direct interest in the |
| 12 | | manufacture, sale, or distribution of alcoholic liquor, the |
| 13 | | council or board over which he or she presides must appoint, by |
| 14 | | majority vote of those elected or appointed, a liquor control |
| 15 | | commissioner other than that official, and that official shall |
| 16 | | not nominate or serve any other role in such appointment.
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| 17 | | However, such mayor, president of the board of trustees or |
| 18 | | president or
chairman of the county board or his or her |
| 19 | | designee may appoint a person or persons to assist him
in the |
| 20 | | exercise of the powers and the performance of the duties herein
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| 21 | | provided for such local liquor control commissioner.
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| 22 | | (Source: P.A. 94-747, eff. 5-8-06.)
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| 23 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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| 24 | | Sec. 6-2. Issuance of licenses to certain persons |
| 25 | | prohibited.
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| 1 | | (a) Except as otherwise provided in subsection (b) of this |
| 2 | | Section and in paragraph (1) of subsection (a) of Section 3-12, |
| 3 | | no license
of any kind issued by the State Commission or any |
| 4 | | local
commission shall be issued to:
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| 5 | | (1) A person who is not a resident of any city, village |
| 6 | | or county in
which the premises covered by the license are |
| 7 | | located; except in case of
railroad or boat licenses.
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| 8 | | (2) A person who is not of good character and |
| 9 | | reputation in the
community in which he resides.
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| 10 | | (3) A person who is not a citizen of the United States.
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| 11 | | (4) A person who has been convicted of a felony under |
| 12 | | any Federal or
State law, unless the Commission determines |
| 13 | | that such
person has been sufficiently rehabilitated to |
| 14 | | warrant the public trust
after considering matters set |
| 15 | | forth in such person's application and the
Commission's |
| 16 | | investigation. The burden of proof of sufficient
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| 17 | | rehabilitation shall be on the applicant.
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| 18 | | (5) A person who has been convicted of keeping a place |
| 19 | | of prostitution or keeping a place of juvenile |
| 20 | | prostitution, promoting prostitution that involves keeping |
| 21 | | a place of prostitution, or promoting juvenile |
| 22 | | prostitution that involves keeping a place of juvenile |
| 23 | | prostitution.
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| 24 | | (6) A person who has been convicted of pandering or |
| 25 | | other crime or
misdemeanor opposed to decency and morality.
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| 26 | | (7) A person whose license issued under this Act has |
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| 1 | | been revoked for
cause.
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| 2 | | (8) A person who at the time of application for renewal |
| 3 | | of any license
issued hereunder would not be eligible for |
| 4 | | such license upon a first
application.
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| 5 | | (9) A copartnership, if any general partnership |
| 6 | | thereof, or any
limited partnership thereof, owning more |
| 7 | | than 5% of the aggregate limited
partner interest in such |
| 8 | | copartnership would not be eligible to receive a
license |
| 9 | | hereunder for any reason other than residence within the |
| 10 | | political
subdivision, unless residency is required by |
| 11 | | local ordinance.
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| 12 | | (10) A corporation or limited liability company, if any |
| 13 | | member, officer, manager or director thereof, or
any |
| 14 | | stockholder or stockholders owning in the aggregate more |
| 15 | | than 5% of the
stock of such corporation, would not be |
| 16 | | eligible to receive a license
hereunder for any reason |
| 17 | | other than citizenship and residence within the
political |
| 18 | | subdivision.
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| 19 | | (10a) A corporation or limited liability company |
| 20 | | unless it is incorporated or organized in Illinois, or |
| 21 | | unless it
is a foreign corporation or foreign limited |
| 22 | | liability company which is qualified under the Business
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| 23 | | Corporation Act of 1983 or the Limited Liability Company |
| 24 | | Act to transact business in Illinois. The Commission shall |
| 25 | | permit and accept from an applicant for a license under |
| 26 | | this Act proof prepared from the Secretary of State's |
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| 1 | | website that the corporation or limited liability company |
| 2 | | is in good standing and is qualified under the Business
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| 3 | | Corporation Act of 1983 or the Limited Liability Company |
| 4 | | Act to transact business in Illinois.
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| 5 | | (11) A person whose place of business is conducted by a |
| 6 | | manager or agent
unless the manager or agent possesses the |
| 7 | | same qualifications required by
the licensee.
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| 8 | | (12) A person who has been convicted of a violation of |
| 9 | | any Federal or
State law concerning the manufacture, |
| 10 | | possession or sale of alcoholic
liquor, subsequent to the |
| 11 | | passage of this Act or has forfeited his bond to
appear in |
| 12 | | court to answer charges for any such violation.
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| 13 | | (13) A person who does not beneficially own the |
| 14 | | premises for which a
license is sought, or does not have a |
| 15 | | lease thereon for the full period for
which the license is |
| 16 | | to be issued.
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| 17 | | (14) Any law enforcing public official, including |
| 18 | | members
of local liquor control commissions,
any mayor, |
| 19 | | alderman, or member of the
city council or commission, any |
| 20 | | president of the village board of trustees,
any member of a |
| 21 | | village board of trustees, or any president or member of a
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| 22 | | county board; and no such official shall have a direct |
| 23 | | interest in the
manufacture, sale, or distribution of |
| 24 | | alcoholic liquor, except that a
license
may be granted to |
| 25 | | such official in relation to premises that are
not
located |
| 26 | | within the territory subject to the jurisdiction of that |
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| 1 | | official
if the issuance of such license is approved by the |
| 2 | | State Liquor Control
Commission
and except that a license |
| 3 | | may be granted, in a city or village with a
population of |
| 4 | | 50,000 or less, to any mayor, alderman, member of a city |
| 5 | | council, or president or
member of a village board of |
| 6 | | trustees in relation to premises that are located
within |
| 7 | | the territory
subject to the jurisdiction of that official |
| 8 | | if (i) the sale of alcoholic
liquor pursuant to the license |
| 9 | | is incidental to the selling of food, (ii) the
issuance of |
| 10 | | the license is approved by the State Commission, (iii) the
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| 11 | | issuance of the license is in accordance with all |
| 12 | | applicable local ordinances
in effect where the premises |
| 13 | | are located, and (iv) the official granted a
license does |
| 14 | | not vote on alcoholic liquor issues pending before the |
| 15 | | board or
council to which the license holder is elected or |
| 16 | | appointed. Notwithstanding any provision of this paragraph |
| 17 | | (14) to the contrary, (i) an alderman or member of a city |
| 18 | | council or commission, a member of a village board of |
| 19 | | trustees other than the president of the village board of |
| 20 | | trustees, or a member of a county board other than the |
| 21 | | president of a county board may have a direct interest in |
| 22 | | the manufacture, sale, or distribution of alcoholic liquor |
| 23 | | as long as he or she is not a law enforcing public |
| 24 | | official, a mayor, a village board president, or president |
| 25 | | of a county board and, furthermore, (ii) the mayor of a |
| 26 | | city, president of a village board of trustees, or chairman |
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| 1 | | or president of a county board may have a direct interest |
| 2 | | in the manufacture, sale, or distribution of alcoholic |
| 3 | | liquor as long as the council or board has appointed a |
| 4 | | liquor control commissioner pursuant to Section 4-2 of this |
| 5 | | Act. To prevent any conflict of interest, the elected |
| 6 | | official with the direct interest in the manufacture, sale, |
| 7 | | or distribution of alcoholic liquor cannot participate in |
| 8 | | any meetings, hearings, or decisions on matters impacting |
| 9 | | the manufacture, sale, or distribution of alcoholic |
| 10 | | liquor.
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| 11 | | (15) A person who is not a beneficial owner of the |
| 12 | | business to be
operated by the licensee.
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| 13 | | (16) A person who has been convicted of a gambling |
| 14 | | offense as
proscribed by any of subsections (a) (3) through |
| 15 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section |
| 16 | | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as |
| 17 | | proscribed by a
statute
replaced by any of the aforesaid |
| 18 | | statutory provisions.
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| 19 | | (17) A person or entity to whom a federal wagering |
| 20 | | stamp has been
issued by the
federal government, unless the |
| 21 | | person or entity is eligible to be issued a
license under |
| 22 | | the Raffles Act or the Illinois Pull Tabs and Jar Games |
| 23 | | Act.
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| 24 | | (18) A person who intends to sell alcoholic liquors for |
| 25 | | use or
consumption on his or her licensed retail premises |
| 26 | | who does not have liquor
liability insurance coverage for |
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| 1 | | that premises in an amount that is at least
equal to the |
| 2 | | maximum liability amounts set out in subsection (a) of |
| 3 | | Section
6-21.
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| 4 | | (b) A criminal conviction of a corporation is not grounds |
| 5 | | for the
denial, suspension, or revocation of a license applied |
| 6 | | for or held by the
corporation if the criminal conviction was |
| 7 | | not the result of a violation of any
federal or State law |
| 8 | | concerning the manufacture, possession or sale of
alcoholic |
| 9 | | liquor, the offense that led to the conviction did not result |
| 10 | | in any
financial gain to the corporation and the corporation |
| 11 | | has terminated its
relationship with each director, officer, |
| 12 | | employee, or controlling shareholder
whose actions directly |
| 13 | | contributed to the conviction of the corporation. The
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| 14 | | Commission shall determine if all provisions of this subsection |
| 15 | | (b) have been
met before any action on the corporation's |
| 16 | | license is initiated.
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| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.".
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