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|[ Introduced ]||[ House Amendment 003 ]||[ House Amendment 005 ]|
|[ House Amendment 006 ]|
92_HB0640ham004 LRB9207152LDcsam03 1 AMENDMENT TO HOUSE BILL 640 2 AMENDMENT NO. . Amend House Bill 640 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 6-2 as follows: 6 (235 ILCS 5/6-2) (from Ch. 43, par. 120) 7 Sec. 6-2. Issuance of licenses to certain persons 8 prohibited. 9 (a) Except as otherwise provided in subsection (b), no 10 license of any kind issued by the State Commission or any 11 local commission shall be issued to: 12 (1) A person who is not a resident of any city, 13 village or county in which the premises covered by the 14 license are located; except in case of railroad or boat 15 licenses.
;16 (2) A person who is not of good character and 17 reputation in the community in which he resides. ;18 (3) A person who is not a citizen of the United 19 States. ;20 (4) A person who has been convicted of a felony 21 under any Federal or State law, unless the Commission 22 determines that such person has been sufficiently -2- LRB9207152LDcsam03 1 rehabilitated to warrant the public trust after 2 considering matters set forth in such person's 3 application and the Commission's investigation. The 4 burden of proof of sufficient rehabilitation shall be on 5 the applicant. ;6 (5) A person who has been convicted of being the 7 keeper or is keeping a house of ill fame. ;8 (6) A person who has been convicted of pandering or 9 other crime or misdemeanor opposed to decency and 10 morality. ;11 (7) A person whose license issued under this Act 12 has been revoked for cause. ;13 (8) A person who at the time of application for 14 renewal of any license issued hereunder would not be 15 eligible for such license upon a first application. ;16 (9) A copartnership, if any general partnership 17 thereof, or any limited partnership thereof, owning more 18 than 5% of the aggregate limited partner interest in such 19 copartnership would not be eligible to receive a license 20 hereunder for any reason other than residence within the 21 political subdivision, unless residency is required by 22 local ordinance. ;23 (10) A corporation, if any officer, manager or 24 director thereof, or any stockholder or stockholders 25 owning in the aggregate more than 5% of the stock of such 26 corporation, would not be eligible to receive a license 27 hereunder for any reason other than citizenship and 28 residence within the political subdivision. ;29 (10a) A corporation unless it is incorporated in 30 Illinois, or unless it is a foreign corporation which is 31 qualified under the Business Corporation Act of 1983 to 32 transact business in Illinois. ;33 (11) A person whose place of business is conducted 34 by a manager or agent unless the manager or agent -3- LRB9207152LDcsam03 1 possesses the same qualifications required by the 2 licensee. ;3 (12) A person who has been convicted of a violation 4 of any Federal or State law concerning the manufacture, 5 possession or sale of alcoholic liquor, subsequent to the 6 passage of this Act or has forfeited his bond to appear 7 in court to answer charges for any such violation. ;8 (13) A person who does not beneficially own the 9 premises for which a license is sought, or does not have 10 a lease thereon for the full period for which the license 11 is to be issued. ;12 (14) Any law enforcing public official, including 13 members of local liquor control commissions, any mayor, 14 alderman, or member of the city council or commission, 15 any president of the village board of trustees, any 16 member of a village board of trustees, or any president 17 or member of a county board; and no such official shall 18 be interested directly in the manufacture, sale, or 19 distribution of alcoholic liquor, except that a license 20 may be granted to such official in relation to premises 21 that whichare not located within the territory subject 22 to the jurisdiction of that official if the issuance of 23 such license is approved by the State Liquor Control 24 Commission and except that, if the premises are located 25 in the township of Niles, a license may be granted to 26 such an official in relation to premises that are 27 located within the territory subject to the jurisdiction 28 of that official, if (i) the sale of alcoholic liquor 29 pursuant to the license is incidental to the selling of 30 food, (ii) the issuance of the license is approved by the 31 State Commission, and (iii) the issuance of the license 32 is in accordance with all applicable local ordinances in 33 effect where the premises are located. ;34 (15) A person who is not a beneficial owner of the -4- LRB9207152LDcsam03 1 business to be operated by the licensee. ;2 (16) A person who has been convicted of a gambling 3 offense as proscribed by any of subsections (a) (3) 4 through (a) (11) of Section 28-1 of, or as proscribed by 5 Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or 6 as proscribed by a statute replaced by any of the 7 aforesaid statutory provisions. ;8 (17) A person or entity to whom a federal wagering 9 stamp has been issued by the federal government, unless 10 the person or entity is eligible to be issued a license 11 under the Raffles Act or the Illinois Pull Tabs and Jar 12 Games Act. 13 (b) A criminal conviction of a corporation is not 14 grounds for the denial, suspension, or revocation of a 15 license applied for or held by the corporation if the 16 criminal conviction was not the result of a violation of any 17 federal or State law concerning the manufacture, possession 18 or sale of alcoholic liquor, the offense that led to the 19 conviction did not result in any financial gain to the 20 corporation and the corporation has terminated its 21 relationship with each director, officer, employee, or 22 controlling shareholder whose actions directly contributed to 23 the conviction of the corporation. The Commission shall 24 determine if all provisions of this subsection (b) have been 25 met before any action on the corporation's license is 26 initiated. 27 (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.)".
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