Bill Text: IL HB0735 | 2011-2012 | 97th General Assembly | Enrolled
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-Enrolled.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-Enrolled.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; but | ||||||
16 | the authority of the
president or chairman of the county board | ||||||
17 | or his or her designee shall extend only to that area in
any | ||||||
18 | county which lies outside the corporate limits of the cities, | ||||||
19 | villages
and incorporated towns therein and those areas which | ||||||
20 | are owned by the
county and are within the corporate limits of | ||||||
21 | the cities, villages and
incorporated towns with a population | ||||||
22 | of less than 1,000,000, however, such
county shall comply with | ||||||
23 | the operating rules of the municipal ordinances
affected when |
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1 | issuing their own licenses.
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2 | However, such mayor, president of the board of trustees or | ||||||
3 | president or
chairman of the county board or his or her | ||||||
4 | designee may appoint a person or persons to assist him
in the | ||||||
5 | exercise of the powers and the performance of the duties herein
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6 | provided for such local liquor control commissioner. | ||||||
7 | Notwithstanding any other provision of this Section to the | ||||||
8 | contrary, the mayor of a city with a population of 50,000 or | ||||||
9 | less or the president of a village with a population of 50,000 | ||||||
10 | or less that has an interest in the manufacture, sale, or | ||||||
11 | distribution of alcoholic liquor must direct the council or | ||||||
12 | board over which he or she presides to appoint, by majority | ||||||
13 | vote, a person other than him or her to serve as the local | ||||||
14 | liquor control commissioner. The appointment must be made | ||||||
15 | within 30 days from the day on which the mayor or president | ||||||
16 | takes office, and the mayor or president cannot make | ||||||
17 | nominations or serve any other role in the appointment. To | ||||||
18 | prevent any conflict of interest, the mayor or president with | ||||||
19 | the interest in the manufacture, sale, or distribution of | ||||||
20 | alcoholic liquor shall not participate in any meetings, | ||||||
21 | hearings, or decisions on matters impacting the manufacture, | ||||||
22 | sale, or distribution of alcoholic liquor. Further, the | ||||||
23 | appointee (i) shall be an attorney with an active license to | ||||||
24 | practice law in the State of Illinois, (ii) shall not legally | ||||||
25 | represent liquor license applicants or holders before the | ||||||
26 | jurisdiction over which he or she presides as local liquor |
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1 | control commissioner or before an adjacent jurisdiction, (iii) | ||||||
2 | shall not have an interest in the manufacture, sale, or | ||||||
3 | distribution of alcoholic liquor, and (iv) shall not be | ||||||
4 | appointed to a term to exceed the term of the mayor, president, | ||||||
5 | or members of the council or board.
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6 | (Source: P.A. 94-747, eff. 5-8-06.)
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7 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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8 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
9 | prohibited.
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10 | (a) Except as otherwise provided in subsection (b) of this | ||||||
11 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
12 | no license
of any kind issued by the State Commission or any | ||||||
13 | local
commission shall be issued to:
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14 | (1) A person who is not a resident of any city, village | ||||||
15 | or county in
which the premises covered by the license are | ||||||
16 | located; except in case of
railroad or boat licenses.
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17 | (2) A person who is not of good character and | ||||||
18 | reputation in the
community in which he resides.
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19 | (3) A person who is not a citizen of the United States.
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20 | (4) A person who has been convicted of a felony under | ||||||
21 | any Federal or
State law, unless the Commission determines | ||||||
22 | that such
person has been sufficiently rehabilitated to | ||||||
23 | warrant the public trust
after considering matters set | ||||||
24 | forth in such person's application and the
Commission's | ||||||
25 | investigation. The burden of proof of sufficient
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1 | rehabilitation shall be on the applicant.
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2 | (5) A person who has been convicted of keeping a place | ||||||
3 | of prostitution or keeping a place of juvenile | ||||||
4 | prostitution, promoting prostitution that involves keeping | ||||||
5 | a place of prostitution, or promoting juvenile | ||||||
6 | prostitution that involves keeping a place of juvenile | ||||||
7 | prostitution.
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8 | (6) A person who has been convicted of pandering or | ||||||
9 | other crime or
misdemeanor opposed to decency and morality.
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10 | (7) A person whose license issued under this Act has | ||||||
11 | been revoked for
cause.
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12 | (8) A person who at the time of application for renewal | ||||||
13 | of any license
issued hereunder would not be eligible for | ||||||
14 | such license upon a first
application.
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15 | (9) A copartnership, if any general partnership | ||||||
16 | thereof, or any
limited partnership thereof, owning more | ||||||
17 | than 5% of the aggregate limited
partner interest in such | ||||||
18 | copartnership would not be eligible to receive a
license | ||||||
19 | hereunder for any reason other than residence within the | ||||||
20 | political
subdivision, unless residency is required by | ||||||
21 | local ordinance.
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22 | (10) A corporation or limited liability company, if any | ||||||
23 | member, officer, manager or director thereof, or
any | ||||||
24 | stockholder or stockholders owning in the aggregate more | ||||||
25 | than 5% of the
stock of such corporation, would not be | ||||||
26 | eligible to receive a license
hereunder for any reason |
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1 | other than citizenship and residence within the
political | ||||||
2 | subdivision.
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3 | (10a) A corporation or limited liability company | ||||||
4 | unless it is incorporated or organized in Illinois, or | ||||||
5 | unless it
is a foreign corporation or foreign limited | ||||||
6 | liability company which is qualified under the Business
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7 | Corporation Act of 1983 or the Limited Liability Company | ||||||
8 | Act to transact business in Illinois. The Commission shall | ||||||
9 | permit and accept from an applicant for a license under | ||||||
10 | this Act proof prepared from the Secretary of State's | ||||||
11 | website that the corporation or limited liability company | ||||||
12 | is in good standing and is qualified under the Business
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13 | Corporation Act of 1983 or the Limited Liability Company | ||||||
14 | Act to transact business in Illinois.
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15 | (11) A person whose place of business is conducted by a | ||||||
16 | manager or agent
unless the manager or agent possesses the | ||||||
17 | same qualifications required by
the licensee.
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18 | (12) A person who has been convicted of a violation of | ||||||
19 | any Federal or
State law concerning the manufacture, | ||||||
20 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
21 | passage of this Act or has forfeited his bond to
appear in | ||||||
22 | court to answer charges for any such violation.
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23 | (13) A person who does not beneficially own the | ||||||
24 | premises for which a
license is sought, or does not have a | ||||||
25 | lease thereon for the full period for
which the license is | ||||||
26 | to be issued.
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1 | (14) Any law enforcing public official, including | ||||||
2 | members
of local liquor control commissions,
any mayor, | ||||||
3 | alderman, or member of the
city council or commission, any | ||||||
4 | president of the village board of trustees,
any member of a | ||||||
5 | village board of trustees, or any president or member of a
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6 | county board; and no such official shall have a direct | ||||||
7 | interest in the
manufacture, sale, or distribution of | ||||||
8 | alcoholic liquor, except that a
license
may be granted to | ||||||
9 | such official in relation to premises that are
not
located | ||||||
10 | within the territory subject to the jurisdiction of that | ||||||
11 | official
if the issuance of such license is approved by the | ||||||
12 | State Liquor Control
Commission
and except that a license | ||||||
13 | may be granted, in a city or village with a
population of | ||||||
14 | 50,000 or less, to any alderman, member of a city council, | ||||||
15 | or
member of a village board of trustees in relation to | ||||||
16 | premises that are located
within the territory
subject to | ||||||
17 | the jurisdiction of that official if (i) the sale of | ||||||
18 | alcoholic
liquor pursuant to the license is incidental to | ||||||
19 | the selling of food, (ii) the
issuance of the license is | ||||||
20 | approved by the State Commission, (iii) the
issuance of the | ||||||
21 | license is in accordance with all applicable local | ||||||
22 | ordinances
in effect where the premises are located, and | ||||||
23 | (iv) the official granted a
license does not vote on | ||||||
24 | alcoholic liquor issues pending before the board or
council | ||||||
25 | to which the license holder is elected. Notwithstanding any | ||||||
26 | provision of this paragraph (14) to the contrary, an |
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1 | alderman or member of a city council or commission, a | ||||||
2 | member of a village board of trustees other than the | ||||||
3 | president of the village board of trustees, or a member of | ||||||
4 | a county board other than the president of a county board | ||||||
5 | may have a direct interest in the manufacture, sale, or | ||||||
6 | distribution of alcoholic liquor as long as he or she is | ||||||
7 | not a law enforcing public official, a mayor, a village | ||||||
8 | board president, or president of a county board. To prevent | ||||||
9 | any conflict of interest, the elected official with the | ||||||
10 | direct interest in the manufacture, sale, or distribution | ||||||
11 | of alcoholic liquor shall not cannot participate in any | ||||||
12 | meetings, hearings, or decisions on matters impacting the | ||||||
13 | manufacture, sale, or distribution of alcoholic liquor. | ||||||
14 | Furthermore, the mayor of a city with a population of | ||||||
15 | 50,000 or less or the president of a village with a | ||||||
16 | population of 50,000 or less may have an interest in the | ||||||
17 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
18 | long as the council or board over which he or she presides | ||||||
19 | has made a local liquor control commissioner appointment | ||||||
20 | that complies with the requirements of Section 4-2 of this | ||||||
21 | Act.
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22 | (15) A person who is not a beneficial owner of the | ||||||
23 | business to be
operated by the licensee.
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24 | (16) A person who has been convicted of a gambling | ||||||
25 | offense as
proscribed by any of subsections (a) (3) through | ||||||
26 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section |
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1 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
2 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
3 | statutory provisions.
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4 | (17) A person or entity to whom a federal wagering | ||||||
5 | stamp has been
issued by the
federal government, unless the | ||||||
6 | person or entity is eligible to be issued a
license under | ||||||
7 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
8 | Act.
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9 | (18) A person who intends to sell alcoholic liquors for | ||||||
10 | use or
consumption on his or her licensed retail premises | ||||||
11 | who does not have liquor
liability insurance coverage for | ||||||
12 | that premises in an amount that is at least
equal to the | ||||||
13 | maximum liability amounts set out in subsection (a) of | ||||||
14 | Section
6-21.
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15 | (b) A criminal conviction of a corporation is not grounds | ||||||
16 | for the
denial, suspension, or revocation of a license applied | ||||||
17 | for or held by the
corporation if the criminal conviction was | ||||||
18 | not the result of a violation of any
federal or State law | ||||||
19 | concerning the manufacture, possession or sale of
alcoholic | ||||||
20 | liquor, the offense that led to the conviction did not result | ||||||
21 | in any
financial gain to the corporation and the corporation | ||||||
22 | has terminated its
relationship with each director, officer, | ||||||
23 | employee, or controlling shareholder
whose actions directly | ||||||
24 | contributed to the conviction of the corporation. The
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25 | Commission shall determine if all provisions of this subsection | ||||||
26 | (b) have been
met before any action on the corporation's |
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1 | license is initiated.
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2 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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