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|[ Introduced ]||[ House Amendment 003 ]||[ House Amendment 004 ]|
|[ House Amendment 006 ]|
92_HB0640ham005 LRB9207152NTsbam 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- LRB9207152NTsbam 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crime or misdemeanor opposed to decency and 10 morality; 11 (7) A person whose license issued under this Act 12 has been revoked for cause; 13 (8) A person who at the time of application for 14 renewal of any license issued hereunder would not be 15 eligible for such license upon a first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- LRB9207152NTsbam 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 person included in a license prohibition 13 provision of a local ordinance of a home rule 14 municipality with a population of more than 2 million. 15 This subdivision (14) does not apply to a home rule 16 municipality with a population of 2 million or less
law17 enforcing public official, including members of local18 liquor control commissions, any mayor, alderman, or19 member of the city council or commission, any president20 of the village board of trustees, any member of a village21 board of trustees, or any president or member of a county22 board; and no such official shall be interested directly23 in the manufacture, sale or distribution of alcoholic24 liquor, except that license may be granted to such25 official in relation to premises which are not located26 within the territory subject to the jurisdiction of that27 official if the issuance of such license is approved by28 the State Liquor Control Commission; 29 (15) A person who is not a beneficial owner of the 30 business to be operated by the licensee; 31 (16) A person who has been convicted of a gambling 32 offense as proscribed by any of subsections (a) (3) 33 through (a) (11) of Section 28-1 of, or as proscribed by 34 Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or -4- LRB9207152NTsbam 1 as proscribed by a statute replaced by any of the 2 aforesaid statutory provisions; 3 (17) A person or entity to whom a federal wagering 4 stamp has been issued by the federal government, unless 5 the person or entity is eligible to be issued a license 6 under the Raffles Act or the Illinois Pull Tabs and Jar 7 Games Act. 8 (b) A criminal conviction of a corporation is not 9 grounds for the denial, suspension, or revocation of a 10 license applied for or held by the corporation if the 11 criminal conviction was not the result of a violation of any 12 federal or State law concerning the manufacture, possession 13 or sale of alcoholic liquor, the offense that led to the 14 conviction did not result in any financial gain to the 15 corporation and the corporation has terminated its 16 relationship with each director, officer, employee, or 17 controlling shareholder whose actions directly contributed to 18 the conviction of the corporation. The Commission shall 19 determine if all provisions of this subsection (b) have been 20 met before any action on the corporation's license is 21 initiated. 22 (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.".
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