101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1166

 

Introduced 2/5/2019, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 5/5-725 new
225 ILCS 210/2005  from Ch. 96 1/2, par. 1-2005
225 ILCS 320/10  from Ch. 111, par. 1109
225 ILCS 320/17  from Ch. 111, par. 1116
225 ILCS 345/9  from Ch. 111, par. 7110
225 ILCS 635/3.2  from Ch. 56 1/2, par. 242.2
225 ILCS 705/4.01  from Ch. 96 1/2, par. 401
225 ILCS 705/5.01  from Ch. 96 1/2, par. 501
225 ILCS 705/6.01  from Ch. 96 1/2, par. 601
225 ILCS 705/7.02  from Ch. 96 1/2, par. 702
225 ILCS 705/7.04  from Ch. 96 1/2, par. 704
225 ILCS 705/27.01  from Ch. 96 1/2, par. 2701
225 ILCS 705/27.02  from Ch. 96 1/2, par. 2702
225 ILCS 705/32.02  from Ch. 96 1/2, par. 3202
225 ILCS 705/32.03  from Ch. 96 1/2, par. 3203
235 ILCS 5/6-2  from Ch. 43, par. 120
240 ILCS 5/19  from Ch. 17, par. 1469

    Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes.


LRB101 06039 JRG 51060 b

 

 

A BILL FOR

 

SB1166LRB101 06039 JRG 51060 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by adding Section 5-725 as follows:
 
6    (20 ILCS 5/5-725 new)
7    Sec. 5-725. Licensure; immigration status. Except as
8otherwise provided by law, no department may deny an
9occupational or professional license based solely on the
10applicant's citizenship status or immigration status. The
11General Assembly finds and declares that this Section is a
12State law within the meaning of subsection (d) of Section 1621
13of Title 8 of the United States Code. Nothing in this Section
14shall affect the requirements to obtain a license that are not
15directly related to citizenship status or immigration status.
16Nothing in this Section shall be construed to grant eligibility
17for obtaining any public benefit other than a license.
 
18    Section 10. The Illinois Explosives Act is amended by
19changing Section 2005 as follows:
 
20    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
21    Sec. 2005. Qualifications for licensure.

 

 

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1    (a) No person shall qualify to hold a license who:
2        (1) is under 21 years of age;
3        (2) has been convicted in any court of a crime
4    punishable by imprisonment for a term exceeding one year;
5        (3) is under indictment for a crime punishable by
6    imprisonment for a term exceeding one year;
7        (4) is a fugitive from justice;
8        (5) is an unlawful user of or addicted to any
9    controlled substance as defined in Section 102 of the
10    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
11    seq.);
12        (6) has been adjudicated a person with a mental
13    disability as defined in Section 1.1 of the Firearm Owners
14    Identification Card Act; or
15        (7) is not a legal citizen of the United States or
16    admitted for permanent residence.
17    (b) A person who has been granted a "relief from
18disabilities" regarding criminal convictions and indictments,
19pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
20845) may receive a license provided all other qualifications
21under this Act are met.
22(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
23    Section 15. The Illinois Plumbing License Law is amended by
24changing Sections 10 and 17 as follows:
 

 

 

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1    (225 ILCS 320/10)  (from Ch. 111, par. 1109)
2    Sec. 10. (1) An applicant for a plumber's license shall
3file a written application in the office of the Department on
4the form designated by the Department at least 30 days before
5the date set by the Department for the examination.
6    (2) The Director shall promptly approve the application for
7examination if:
8        (a) the required application fee has been paid, and
9        (b) (blank), and the applicant has submitted evidence
10    that he or she is a citizen of the United States or has
11    declared his or her intention to become a citizen, and
12        (c) the applicant has submitted evidence that he or she
13    has completed at least a 2 year course of study in a high
14    school, or an equivalent course of study, and
15        (d) the applicant has been employed as an Illinois
16    licensed apprentice plumber under supervision in
17    accordance with this Act for at least 4 years preceding the
18    date of application and has submitted evidence that he or
19    she has worked at the plumbing trade in accordance with
20    this Act for the 4 year Illinois licensed apprentice
21    plumber apprenticeship period, or
22        (e) the applicant has submitted evidence that he or she
23    has successfully completed an approved course of
24    instruction in plumbing supervised directly by an Illinois
25    licensed plumber in colleges, universities, or trade
26    schools.

 

 

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1    (3) If the application for examination is approved, the
2Department shall promptly notify the applicant in writing of
3such approval and of the place and time of the examination. If
4the application is disapproved, the Department shall promptly
5notify the applicant in writing of such disapproval, stating
6the reasons for disapproval.
7    (4) If an applicant neglects, fails or refuses to take an
8examination for license under this Act, the application is
9denied. However, such applicant may submit a new application
10for examination, accompanied by the required application fee.
11Application fees for examination for a plumber's license are
12not refundable.
13(Source: P.A. 99-504, eff. 1-1-17.)
 
14    (225 ILCS 320/17)  (from Ch. 111, par. 1116)
15    Sec. 17. (a) Upon the payment of the required fee, an
16applicant who is a plumber, registered or licensed in another
17state, or municipality, may, without examination, be granted a
18license as a licensed plumber by the Department provided:
19        (1) that the applicant is at least twenty-one years of
20    age and is a citizen of the United States, or has declared
21    his intention to become a citizen, and
22        (2) that the Board finds that the requirements for the
23    registration or licensing of plumbers in such other state
24    or municipality, were, at the date of the registration or
25    license, substantially equal to the requirements then in

 

 

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1    force in this State, and provided that the same privilege
2    of registration is accorded by said state or municipality,
3    to licensed plumbers in the State of Illinois.
4    (b) A plumber licensed or registered as a plumber by
5another state or municipality, whose license requirements are
6substantially equal to the requirements for an Illinois
7Plumber's license, and such governmental unit, does not have a
8reciprocal agreement with the State of Illinois, may apply for
9and be issued an Illinois Plumber's license provided that the
10applicant successfully passes the Illinois plumber's
11examination and pays the required fees.
12(Source: P.A. 79-1000.)
 
13    Section 20. The Water Well and Pump Installation
14Contractor's License Act is amended by changing Section 9 as
15follows:
 
16    (225 ILCS 345/9)  (from Ch. 111, par. 7110)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 9. Applications for a license, or for renewal thereof,
19and applications for examination shall be made to the
20Department in writing and under oath or affirmation, upon forms
21prescribed and furnished by the Department. Such applications
22shall contain such information as the Department deems
23necessary in order to carry out the provisions of this Act.
24    The Department shall issue a Water Well Contractor's

 

 

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1license, a Water Well Pump Installation Contractor's license,
2or a Water Well and Pump Installation Contractor's license to
3any applicant therefor who:
4        (a) is at least 18 years of age,
5        (b) (blank), is a citizen of the United States or has
6    declared his intention to become a citizen of the United
7    States,
8        (c) possesses a good moral character,
9        (d) has had the required experience as follows:
10            (1) an applicant for a water well contractor's
11        license shall have worked two years under the
12        supervision of a licensed water well contractor,
13            (2) an applicant for a water well pump installation
14        contractor's license shall have worked two years under
15        the supervision of a licensed water well pump
16        installation contractor or in the case of those
17        applicants whose experience was gained prior to
18        January 1, 1972, under the supervision of a contractor
19        who was engaged in water well pump installation,
20            (3) an applicant for a water well and pump
21        installation contractor's license shall have worked
22        two years for a licensed water well and pump
23        installation contractor and the applicant shall show
24        evidence satisfactory to the Department that he was
25        engaged in both water well contracting and pump
26        installing during the two year period. For those

 

 

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1        applicants who gained their experience prior to
2        January 1, 1972, it shall be sufficient for them to
3        show that they worked under the supervision of a
4        licensed water well contractor who was engaged in pump
5        installation and that they did work in both fields.
6        (e) has made a satisfactory grade on the examination
7    for the particular license for which he is applying.
8        (f) has paid the fee provided by statute.
9    Such licenses shall be serially numbered, shall be signed
10by the Director and issued under the seal of the Department.
11(Source: P.A. 81-791.)
 
12    Section 25. The Illinois Horse Meat Act is amended by
13changing Section 3.2 as follows:
 
14    (225 ILCS 635/3.2)  (from Ch. 56 1/2, par. 242.2)
15    Sec. 3.2. The following persons are ineligible for
16licenses:
17        a. A person who is not a resident of the city, village
18    or county in which the premises covered by the license are
19    located; except in case of railroad or boat licenses.
20        b. A person who is not of good character and reputation
21    in the community in which he resides.
22        c. (Blank). A person who is not a citizen of the United
23    States.
24        d. A person with a prior conviction of a felony or a

 

 

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1    misdemeanor that is directly related to the practice of the
2    profession where such conviction will impair the person's
3    ability to engage in the licensed position.
4        e. (Blank).
5        f. A person whose license issued under this Act has
6    been revoked for cause.
7        g. A person who at the time of application for renewal
8    of any license issued hereunder would not be eligible for
9    such license upon a first application.
10        h. A co-partnership, unless all of the members of such
11    co-partnership shall be qualified to obtain a license.
12        i. A corporation, if any officer, manager or director
13    thereof or any stockholder or stockholders owning in the
14    aggregate more than five percent (5%) of the stock of such
15    corporation, would not be eligible to receive a license
16    hereunder for any reason other than citizenship and
17    residence within the political subdivision.
18        j. A person whose place of business is conducted by a
19    manager or agent unless said manager or agent possesses the
20    same qualifications required of the licensee.
21(Source: P.A. 100-286, eff. 1-1-18.)
 
22    Section 30. The Coal Mining Act is amended by changing
23Sections 4.01, 5.01, 6.01, 7.02, 7.04, 27.01, 27.02, 32.02, and
2432.03 as follows:
 

 

 

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1    (225 ILCS 705/4.01)  (from Ch. 96 1/2, par. 401)
2    Sec. 4.01. Each applicant for a certificate of competency
3as State Mine Inspector shall produce evidence satisfactory to
4the Mining Board that he is a resident citizen of this State,
5at least thirty years of age; that he has had a practical
6mining experience of ten years, of which at least two years
7shall have been in the State of Illinois, and that he is a man
8of good repute and temperate habits; and that he has a first
9class mine manager's certificate. He shall pass an examination
10as to his practical and technological knowledge of mine
11appliances; of the proper development and operation of coal
12mines; of ventilation in mines; of the nature and properties of
13mine gases; of first aid to the injured and of mine rescue
14methods and appliances, as prescribed by the Department of
15Natural Resources; of the geology of coal measures in this
16State; and of the laws of this State relating to coal mines.
17(Source: P.A. 89-445, eff. 2-7-96.)
 
18    (225 ILCS 705/5.01)  (from Ch. 96 1/2, par. 501)
19    Sec. 5.01. Each applicant for a certificate of competency
20as mine manager shall produce evidence satisfactory of the
21Mining Board that he is a citizen of the United States, at
22least 23 years of age; that he has had at least 4 years'
23practical underground mining experience; has been issued a
24Certificate of Competency as Mine Examiner, or its equivalent
25issued by another state; and that he has satisfactorily

 

 

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1completed a course of instruction in first aid to the injured
2and mine rescue methods and appliances prescribed by the
3Department; and that he is a man of good repute and temperate
4habits. He shall also pass such examination as to his
5experience in mines and in the management of men; his knowledge
6of mine machinery and appliances; the use of surveying and
7other instruments used in mining; the properties of mine gases;
8the principles of ventilation; and the legal duties and
9responsibilities of mine managers, as shall be prescribed by
10the rules of the Mining Board.
11    Persons who have graduated and hold a degree in engineering
12or an approved 4-year program in coal mining technology from an
13accredited school, college or university are required to have
14only 2 years' practical underground mining experience to
15qualify for the examination for a Certificate of Competency.
16    Persons who have graduated and hold a two-year Associate in
17Applied Science Degree in Coal Mining Technology from an
18accredited school, college or university are required to have
19only 3 years' practical underground mining experience to
20qualify for the examination for a Certificate of Competency.
21(Source: P.A. 79-876.)
 
22    (225 ILCS 705/6.01)  (from Ch. 96 1/2, par. 601)
23    Sec. 6.01. Each applicant for a certificate of competency
24as mine examiner shall produce evidence satisfactory to the
25Mining Board that he is a citizen of the United States, at

 

 

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1least 21 years of age and of good repute and temperate habits
2and that he has had at least 4 years practical underground
3mining experience, and has been issued a First Class
4Certificate of Competency by the Department of Natural
5Resources. He shall pass an examination as to his experience in
6mines generating dangerous gases, his practical and
7technological knowledge of the nature and properties of mine
8gases, the laws of ventilation, the structures and use of
9multi-gas detectors, and the laws of this State relating to
10safeguards against fires from any source in mines. He shall
11also submit to the Mining Board satisfactory evidence that he
12has completed a course of training in first aid to the injured
13and mine rescue methods and appliances prescribed by the
14Department. Persons who have graduated and hold a degree in
15engineering or an approved 4-year program in coal mining
16technology from an accredited school, college, or university,
17are required to have only 2 years of practical underground
18mining experience to qualify for the examination for a
19certificate of competency.
20    Persons who have graduated and hold a two-year Associate in
21Applied Science Degree in Coal Mining Technology from an
22accredited school, college or university are required to have
23only 3 years' practical underground mining experience to
24qualify for the examination for a Certificate of Competency as
25a Mine Examiner.
26(Source: P.A. 99-538, eff. 1-1-17.)
 

 

 

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1    (225 ILCS 705/7.02)  (from Ch. 96 1/2, par. 702)
2    Sec. 7.02. Each applicant for a certificate of competency
3as electrical hoisting engineer shall produce evidence
4satisfactory to the Mining Board that he is a citizen of the
5United States, at least 21 years of age, that he has had two
6years' experience with electrical hoisting equipment, or has
7completed a training course in operation and maintenance of
8electrical hoisting machinery approved by the Mining Board, and
9is of good repute and temperate habits. He shall pass an
10examination as to his practical and technical knowledge of the
11construction of same, the care and adjustment of electrical
12hoisting engines, the management and efficiency of electric
13pumps, ropes and winding apparatus and as to his knowledge of
14the laws of this State in relation to signals and the hoisting
15and lowering of men at mines.
16(Source: P.A. 79-876.)
 
17    (225 ILCS 705/7.04)  (from Ch. 96 1/2, par. 704)
18    Sec. 7.04. The Mining Board may grant a permit to operate a
19second motion engine, or internal combustion engine, at any
20mine employing not more than 10 men, to any person recommended
21to the Mining Board by the State Mine Inspector of the
22district. The applicant for such permit shall have filed with
23the Mining Board satisfactory evidence that he is a citizen of
24the United States, that he has had at least one year of

 

 

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1experience in operating a steam engine, steam boiler, or
2internal combustion engine and understands the handling and
3care of the same. Such application shall be accompanied by a
4statement from at least three persons who will testify from
5their personal knowledge of the applicant that he is a man of
6good repute and personal habits, and that he has, in their
7judgment, a knowledge of and experience in handling boilers and
8engines as required in this section. Such permit shall apply
9only to the mine for which it was issued, and for a period not
10to exceed one year, except such permit, when it expires, may be
11renewed by the Mining Board from year to year if the person
12holding same requests renewal, and certifies by sworn statement
13that all the circumstances and conditions are the same as when
14said permit was originally issued.
15(Source: Laws 1957, p. 2413.)
 
16    (225 ILCS 705/27.01)  (from Ch. 96 1/2, par. 2701)
17    Sec. 27.01. In all mines in this State which are classified
18as gassy by the State Mine Inspector, and where coal is broken
19down by the use of explosives, a sufficient number of first
20class miners, who are citizens of the United States or admitted
21for permanent residence and able to speak and understand the
22American Language, shall be designated and employed as drillers
23and shooters or shot firers. The duties of the drillers and
24shooters or shot firers shall be to prepare permissible
25explosives for breaking down coal in a safe, practical and

 

 

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1workmanlike manner, and to fire or detonate the same.
2(Source: Laws 1953, p. 701.)
 
3    (225 ILCS 705/27.02)  (from Ch. 96 1/2, par. 2702)
4    Sec. 27.02. In all mines in this State which are classified
5as non-gassy by the State Mine Inspector, and where coal is
6broken down by the use of explosives, a sufficient number of
7first-class miners, who are citizens of the United States or
8admitted for permanent residence and able to speak and
9understand the American language, shall be designated and
10employed as drillers and shooters or as shot firers. The duties
11of the drillers and shooters or shot firers shall be to prepare
12permissible explosives for breaking down coal in a safe,
13practical and workmanlike manner, and to fire or detonate the
14same.
15(Source: Laws 1953, p. 701.)
 
16    (225 ILCS 705/32.02)  (from Ch. 96 1/2, par. 3202)
17    Sec. 32.02. The person authorized to weigh the coal and
18keep the record thereof shall be a citizen of the United
19States, and shall, before entering upon his duties, make and
20subscribe to an oath before some person duly authorized to
21administer oaths, that he will accurately weigh and carefully
22keep a true record of all coal weighed, and such affidavit
23shall be kept conspicuously posted at the place of weighing.
24(Source: Laws 1953, p. 701.)
 

 

 

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1    (225 ILCS 705/32.03)  (from Ch. 96 1/2, par. 3203)
2    Sec. 32.03. The miners at work in any coal mine may employ
3a check weighman at their option and at their own expense,
4whose duty it shall be to balance the scales and see that the
5coal is properly weighed, and that a correct account of the
6same is kept, and for this purpose he shall have access at all
7times to the beam box of the scales, and be afforded every
8facility for verifying the weights while the weighing is being
9done. The check weighman so employed by the miners shall be a
10citizen of the United States, and before entering upon his
11duties, shall make and subscribe to an oath before some person
12duly authorized to administer oaths, that he will faithfully
13discharge his duties as check weighman, and such oath shall be
14kept conspicuously posted at the place of weighing.
15(Source: Laws 1953, p. 701.)
 
16    Section 35. The Liquor Control Act of 1934 is amended by
17changing Section 6-2 as follows:
 
18    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
19    Sec. 6-2. Issuance of licenses to certain persons
20prohibited.
21    (a) Except as otherwise provided in subsection (b) of this
22Section and in paragraph (1) of subsection (a) of Section 3-12,
23no license of any kind issued by the State Commission or any

 

 

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1local commission shall be issued to:
2        (1) A person who is not a resident of any city, village
3    or county in which the premises covered by the license are
4    located; except in case of railroad or boat licenses.
5        (2) A person who is not of good character and
6    reputation in the community in which he resides.
7        (3) (Blank). A person who is not a citizen of the
8    United States.
9        (4) A person who has been convicted of a felony under
10    any Federal or State law, unless the Commission determines
11    that such person will not be impaired by the conviction in
12    engaging in the licensed practice after considering
13    matters set forth in such person's application in
14    accordance with Section 6-2.5 of this Act and the
15    Commission's investigation.
16        (5) A person who has been convicted of keeping a place
17    of prostitution or keeping a place of juvenile
18    prostitution, promoting prostitution that involves keeping
19    a place of prostitution, or promoting juvenile
20    prostitution that involves keeping a place of juvenile
21    prostitution.
22        (6) A person who has been convicted of pandering.
23        (7) A person whose license issued under this Act has
24    been revoked for cause.
25        (8) A person who at the time of application for renewal
26    of any license issued hereunder would not be eligible for

 

 

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1    such license upon a first application.
2        (9) A copartnership, if any general partnership
3    thereof, or any limited partnership thereof, owning more
4    than 5% of the aggregate limited partner interest in such
5    copartnership would not be eligible to receive a license
6    hereunder for any reason other than residence within the
7    political subdivision, unless residency is required by
8    local ordinance.
9        (10) A corporation or limited liability company, if any
10    member, officer, manager or director thereof, or any
11    stockholder or stockholders owning in the aggregate more
12    than 5% of the stock of such corporation, would not be
13    eligible to receive a license hereunder for any reason
14    other than citizenship and residence within the political
15    subdivision.
16        (10a) A corporation or limited liability company
17    unless it is incorporated or organized in Illinois, or
18    unless it is a foreign corporation or foreign limited
19    liability company which is qualified under the Business
20    Corporation Act of 1983 or the Limited Liability Company
21    Act to transact business in Illinois. The Commission shall
22    permit and accept from an applicant for a license under
23    this Act proof prepared from the Secretary of State's
24    website that the corporation or limited liability company
25    is in good standing and is qualified under the Business
26    Corporation Act of 1983 or the Limited Liability Company

 

 

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1    Act to transact business in Illinois.
2        (11) A person whose place of business is conducted by a
3    manager or agent unless the manager or agent possesses the
4    same qualifications required by the licensee.
5        (12) A person who has been convicted of a violation of
6    any Federal or State law concerning the manufacture,
7    possession or sale of alcoholic liquor, subsequent to the
8    passage of this Act or has forfeited his bond to appear in
9    court to answer charges for any such violation, unless the
10    Commission determines, in accordance with Section 6-2.5 of
11    this Act, that the person will not be impaired by the
12    conviction in engaging in the licensed practice.
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.
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
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    55,000 or less, to any alderman, member of a city council,
5    or member of a village board of trustees in relation to
6    premises that are located within the territory subject to
7    the jurisdiction of that official if (i) the sale of
8    alcoholic liquor pursuant to the license is incidental to
9    the selling of food, (ii) the issuance of the license is
10    approved by the State Commission, (iii) the issuance of the
11    license is in accordance with all applicable local
12    ordinances in effect where the premises are located, and
13    (iv) the official granted a license does not vote on
14    alcoholic liquor issues pending before the board or council
15    to which the license holder is elected. Notwithstanding any
16    provision of this paragraph (14) to the contrary, an
17    alderman or member of a city council or commission, a
18    member of a village board of trustees other than the
19    president of the village board of trustees, or a member of
20    a county board other than the president of a county board
21    may have a direct interest in the manufacture, sale, or
22    distribution of alcoholic liquor as long as he or she is
23    not a law enforcing public official, a mayor, a village
24    board president, or president of a county board. To prevent
25    any conflict of interest, the elected official with the
26    direct interest in the manufacture, sale, or distribution

 

 

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1    of alcoholic liquor shall not participate in any meetings,
2    hearings, or decisions on matters impacting the
3    manufacture, sale, or distribution of alcoholic liquor.
4    Furthermore, the mayor of a city with a population of
5    55,000 or less or the president of a village with a
6    population of 55,000 or less may have an interest in the
7    manufacture, sale, or distribution of alcoholic liquor as
8    long as the council or board over which he or she presides
9    has made a local liquor control commissioner appointment
10    that complies with the requirements of Section 4-2 of this
11    Act.
12        (15) A person who is not a beneficial owner of the
13    business to be operated by the licensee.
14        (16) A person who has been convicted of a gambling
15    offense as proscribed by any of subsections (a) (3) through
16    (a) (11) of Section 28-1 of, or as proscribed by Section
17    28-1.1 or 28-3 of, the Criminal Code of 1961 or the
18    Criminal Code of 2012, or as proscribed by a statute
19    replaced by any of the aforesaid statutory provisions.
20        (17) A person or entity to whom a federal wagering
21    stamp has been issued by the federal government, unless the
22    person or entity is eligible to be issued a license under
23    the Raffles and Poker Runs Act or the Illinois Pull Tabs
24    and Jar Games Act.
25        (18) A person who intends to sell alcoholic liquors for
26    use or consumption on his or her licensed retail premises

 

 

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1    who does not have liquor liability insurance coverage for
2    that premises in an amount that is at least equal to the
3    maximum liability amounts set out in subsection (a) of
4    Section 6-21.
5        (19) A person who is licensed by any licensing
6    authority as a manufacturer of beer, or any partnership,
7    corporation, limited liability company, or trust or any
8    subsidiary, affiliate, or agent thereof, or any other form
9    of business enterprise licensed as a manufacturer of beer,
10    having any legal, equitable, or beneficial interest,
11    directly or indirectly, in a person licensed in this State
12    as a distributor or importing distributor. For purposes of
13    this paragraph (19), a person who is licensed by any
14    licensing authority as a "manufacturer of beer" shall also
15    mean a brewer and a non-resident dealer who is also a
16    manufacturer of beer, including a partnership,
17    corporation, limited liability company, or trust or any
18    subsidiary, affiliate, or agent thereof, or any other form
19    of business enterprise licensed as a manufacturer of beer.
20        (20) A person who is licensed in this State as a
21    distributor or importing distributor, or any partnership,
22    corporation, limited liability company, or trust or any
23    subsidiary, affiliate, or agent thereof, or any other form
24    of business enterprise licensed in this State as a
25    distributor or importing distributor having any legal,
26    equitable, or beneficial interest, directly or indirectly,

 

 

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1    in a person licensed as a manufacturer of beer by any
2    licensing authority, or any partnership, corporation,
3    limited liability company, or trust or any subsidiary,
4    affiliate, or agent thereof, or any other form of business
5    enterprise, except for a person who owns, on or after the
6    effective date of this amendatory Act of the 98th General
7    Assembly, no more than 5% of the outstanding shares of a
8    manufacturer of beer whose shares are publicly traded on an
9    exchange within the meaning of the Securities Exchange Act
10    of 1934. For the purposes of this paragraph (20), a person
11    who is licensed by any licensing authority as a
12    "manufacturer of beer" shall also mean a brewer and a
13    non-resident dealer who is also a manufacturer of beer,
14    including a partnership, corporation, limited liability
15    company, or trust or any subsidiary, affiliate, or agent
16    thereof, or any other form of business enterprise licensed
17    as a manufacturer of beer.
18    (b) A criminal conviction of a corporation is not grounds
19for the denial, suspension, or revocation of a license applied
20for or held by the corporation if the criminal conviction was
21not the result of a violation of any federal or State law
22concerning the manufacture, possession or sale of alcoholic
23liquor, the offense that led to the conviction did not result
24in any financial gain to the corporation and the corporation
25has terminated its relationship with each director, officer,
26employee, or controlling shareholder whose actions directly

 

 

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1contributed to the conviction of the corporation. The
2Commission shall determine if all provisions of this subsection
3(b) have been met before any action on the corporation's
4license is initiated.
5(Source: P.A. 100-286, eff. 1-1-18.)
 
6    Section 40. The Safety Deposit License Act is amended by
7changing Section 19 as follows:
 
8    (240 ILCS 5/19)  (from Ch. 17, par. 1469)
9    Sec. 19. No applicant shall be issued a license who:
10        1. (Blank); Is not a citizen of the United States;
11        2. Has been convicted of a felony;
12        3. Has not provided a burglar alarm system for the
13    safe, vault, and other fixtures;
14        4. Has not provided a time lock for the safe, vault or
15    other fixtures;
16        5. Has not provided one or more combination locked
17    steel doors (one in front of the other and no door less
18    than one inch thick) aggregating at least 3 1/2 inches in
19    thickness; or one combination locked round or square steel
20    door not less than 3 1/2 inches in thickness;
21        6. Has not provided vault construction (walls, ceiling
22    and floor) of equal resistance to the door;
23        7. Has not placed in a conspicuous place in the
24    location, a sign in large print, telling the depositor what

 

 

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1    types of protection are being furnished by the licensee;
2        8. Has advertised or advertises that the facilities
3    furnished by him are approved by the Director.
4    Any of the requirements set forth in this section which are
5not capable of fulfillment because of wartime restrictions may
6during the war time emergency, be waived by the Director.
7(Source: Laws 1967, p. 1668.)