HB3450 EngrossedLRB097 08792 ASK 48922 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 7-1 and by adding Section 7-15 as follows:
 
6    (235 ILCS 5/7-1)  (from Ch. 43, par. 145)
7    Sec. 7-1. An applicant for a retail license from the State
8Commission shall submit to the State Commission an application
9in writing under oath stating:
10        (1) The applicant's name, and mailing address and, if
11    applicable, the applicant's electronic mail address;
12        (2) The name and address of the applicant's business;
13        (3) If applicable, the date of the filing of the
14    "assumed name" of the business with the County Clerk;
15        (4) In case of a copartnership, the date of the
16    formation of the partnership; in the case of an Illinois
17    corporation, the date of its incorporation; or in the case
18    of a foreign corporation, the State where it was
19    incorporated and the date of its becoming qualified under
20    the Business Corporation Act of 1983 to transact business
21    in the State of Illinois;
22        (5) The number, the date of issuance and the date of
23    expiration of the applicant's current local retail liquor

 

 

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1    license;
2        (6) The name of the city, village, or county that
3    issued the local retail liquor license;
4        (7) The name and address of the landlord if the
5    premises are leased;
6        (8) The date of the applicant's first request for a
7    State liquor license and whether it was granted, denied or
8    withdrawn;
9        (9) The address of the applicant when the first
10    application for a State liquor license was made;
11        (10) The applicant's current State liquor license
12    number;
13        (11) The date the applicant began liquor sales at his
14    place of business;
15        (12) The address of the applicant's warehouse if he
16    warehouses liquor;
17        (13) The applicant's Retailer's Occupation Tax (ROT)
18    Registration Number;
19        (14) The applicant's document locater number on his
20    Federal Special Tax Stamp;
21        (15) Whether the applicant is delinquent in the payment
22    of the Retailer's Occupational Tax (Sales Tax), and if so,
23    the reasons therefor;
24        (16) Whether the applicant is delinquent under the cash
25    beer law, and if so, the reasons therefor;
26        (17) In the case of a retailer, whether he is

 

 

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1    delinquent under the 30 day credit law, and if so, the
2    reasons therefor;
3        (18) In the case of a distributor, whether he is
4    delinquent under the 15 day credit law, and if so, the
5    reasons therefor;
6        (19) Whether the applicant has made an application for
7    a liquor license which has been denied, and if so, the
8    reasons therefor;
9        (20) Whether the applicant has ever had any previous
10    liquor license suspended or revoked, and if so, the reasons
11    therefor;
12        (21) Whether the applicant has ever been convicted of a
13    gambling offense or felony, and if so, the particulars
14    thereof;
15        (22) Whether the applicant possesses a current Federal
16    Wagering Stamp, and if so, the reasons therefor;
17        (23) Whether the applicant, or any other person,
18    directly in his place of business is a public official, and
19    if so, the particulars thereof;
20        (24) The applicant's name, sex, date of birth, social
21    security number, position and percentage of ownership in
22    the business; and the name, sex, date of birth, social
23    security number, position and percentage of ownership in
24    the business of every sole owner, partner, corporate
25    officer, director, manager and any person who owns 5% or
26    more of the shares of the applicant business entity or

 

 

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1    parent corporations of the applicant business entity; and
2        (25) That he has not received or borrowed money or
3    anything else of value, and that he will not receive or
4    borrow money or anything else of value (other than
5    merchandising credit in the ordinary course of business for
6    a period not to exceed 90 days as herein expressly
7    permitted under Section 6-5 hereof), directly or
8    indirectly, from any manufacturer, importing distributor
9    or distributor or from any representative of any such
10    manufacturer, importing distributor or distributor, nor be
11    a party in any way, directly or indirectly, to any
12    violation by a manufacturer, distributor or importing
13    distributor of Section 6-6 of this Act.
14    In addition to any other requirement of this Section, an
15applicant for a special use permit license and a special event
16retailer's license shall also submit (A) proof satisfactory to
17the Commission that the applicant has a resale number issued
18under Section 2c of the Retailer's Occupation Tax Act or that
19the applicant is registered under Section 2a of the Retailer's
20Occupation Tax Act, (B) proof satisfactory to the Commission
21that the applicant has a current, valid exemption
22identification number issued under Section 1g of the Retailers'
23Occupation Tax Act and a certification to the Commission that
24the purchase of alcoholic liquors will be a tax-exempt
25purchase, or (C) a statement that the applicant is not
26registered under Section 2a of the Retailers' Occupation Tax

 

 

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1Act, does not hold a resale number under Section 2c of the
2Retailers' Occupation Tax Act, and does not hold an exemption
3number under Section 1g of the Retailers' Occupation Tax Act.
4The applicant shall also submit proof of adequate dram shop
5insurance for the special event prior to being issued a
6license.
7    In addition to the foregoing information, such application
8shall contain such other and further information as the State
9Commission and the local commission may, by rule or regulation
10not inconsistent with law, prescribe.
11    If the applicant reports a felony conviction as required
12under paragraph (21) of this Section, such conviction may be
13considered by the Commission in determining qualifications for
14licensing, but shall not operate as a bar to licensing.
15    If said application is made in behalf of a partnership,
16firm, association, club or corporation, then the same shall be
17signed by one member of such partnership or the president or
18secretary of such corporation or an authorized agent of said
19partnership or corporation.
20    All other applications shall be on forms prescribed by the
21State Commission, and which may exclude any of the above
22requirements which the State Commission rules to be
23inapplicable.
24(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
 
25    (235 ILCS 5/7-15 new)

 

 

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1    Sec. 7-15. License renewal notification. Beginning on
2January 1, 2012, the State Commission shall send, through
3electronic mail, all licensees a reminder of the date each
4State license expires. The State Commission shall notify each
5licensee through electronic mail 30 days prior to the
6expiration date of his or her license. The State Commission is
7not required to comply with this Section if the licensee does
8not provide the State Commission his or her electronic mail
9address.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.