Bill Text: IL HB0735 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Sen. Antonio Muñoz

Filed: 4/2/2012

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AMENDMENT TO HOUSE BILL 735
AMENDMENT NO. ______. Amend House Bill 735 by replacing
everything after the enacting clause with the following:
"Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 4-2 and 6-2 as follows:
(235 ILCS 5/4-2) (from Ch. 43, par. 111)
Sec. 4-2. The mayor or president of the board of trustees
of each city, village or incorporated town or his or her
designee, and the president or chairman of the county board or
his or her designee, shall be the local liquor control
commissioner for their respective cities, villages,
incorporated towns and counties, and shall be charged with the
administration in their respective jurisdictions of the
appropriate provisions of this Act and of such ordinances and
resolutions relating to alcoholic liquor as may be enacted; but
the authority of the president or chairman of the county board

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or his or her designee shall extend only to that area in any
county which lies outside the corporate limits of the cities,
villages and incorporated towns therein and those areas which
are owned by the county and are within the corporate limits of
the cities, villages and incorporated towns with a population
of less than 1,000,000, however, such county shall comply with
the operating rules of the municipal ordinances affected when
issuing their own licenses.
However, such mayor, president of the board of trustees or
president or chairman of the county board or his or her
designee may appoint a person or persons to assist him in the
exercise of the powers and the performance of the duties herein
provided for such local liquor control commissioner.
Notwithstanding any other provision of this Section to the
contrary, the mayor of a city with a population of 50,000 or
less or the president of a village with a population of 50,000
or less that has an interest in the manufacture, sale, or
distribution of alcoholic liquor must direct the council or
board over which he or she presides to appoint, by majority
vote, a person other than him or her to serve as the local
liquor control commissioner. The appointment must be made
within 30 days from the day on which the mayor or president
takes office, and the mayor or president cannot make
nominations or serve any other role in the appointment. To
prevent any conflict of interest, the mayor or president with
the interest in the manufacture, sale, or distribution of

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alcoholic liquor shall not participate in any meetings,
hearings, or decisions on matters impacting the manufacture,
sale, or distribution of alcoholic liquor. Further, the
appointee (i) shall be an attorney with an active license to
practice law in the State of Illinois, (ii) shall not legally
represent liquor license applicants or holders before the
jurisdiction over which he or she presides as local liquor
control commissioner or before an adjacent jurisdiction, (iii)
shall not have an interest in the manufacture, sale, or
distribution of alcoholic liquor, and (iv) shall not be
appointed to a term to exceed the term of the mayor, president,
or members of the council or board.
(Source: P.A. 94-747, eff. 5-8-06.)
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section 3-12,
no license of any kind issued by the State Commission or any
local commission shall be issued to:
(1) A person who is not a resident of any city, village
or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.

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(3) A person who is not a citizen of the United States.
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person has been sufficiently rehabilitated to
warrant the public trust after considering matters set
forth in such person's application and the Commission's
investigation. The burden of proof of sufficient
rehabilitation shall be on the applicant.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering or
other crime or misdemeanor opposed to decency and morality.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for renewal
of any license issued hereunder would not be eligible for
such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the

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political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if any
member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than citizenship and residence within the political
subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by a
manager or agent unless the manager or agent possesses the
same qualifications required by the licensee.
(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,

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possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderman, or member of the city council or commission, any
president of the village board of trustees, any member of a
village board of trustees, or any president or member of a
county board; and no such official shall have a direct
interest in the manufacture, sale, or distribution of
alcoholic liquor, except that a license may be granted to
such official in relation to premises that are not located
within the territory subject to the jurisdiction of that
official if the issuance of such license is approved by the
State Liquor Control Commission and except that a license
may be granted, in a city or village with a population of
50,000 or less, to any alderman, member of a city council,
or member of a village board of trustees in relation to
premises that are located within the territory subject to
the jurisdiction of that official if (i) the sale of
alcoholic liquor pursuant to the license is incidental to
the selling of food, (ii) the issuance of the license is

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approved by the State Commission, (iii) the issuance of the
license is in accordance with all applicable local
ordinances in effect where the premises are located, and
(iv) the official granted a license does not vote on
alcoholic liquor issues pending before the board or council
to which the license holder is elected. Notwithstanding any
provision of this paragraph (14) to the contrary, an
alderman or member of a city council or commission, a
member of a village board of trustees other than the
president of the village board of trustees, or a member of
a county board other than the president of a county board
may have a direct interest in the manufacture, sale, or
distribution of alcoholic liquor as long as he or she is
not a law enforcing public official, a mayor, a village
board president, or president of a county board. To prevent
any conflict of interest, the elected official with the
direct interest in the manufacture, sale, or distribution
of alcoholic liquor shall not cannot participate in any
meetings, hearings, or decisions on matters impacting the
manufacture, sale, or distribution of alcoholic liquor.
Furthermore, the mayor of a city with a population of
50,000 or less or the president of a village with a
population of 50,000 or less may have an interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as the council or board over which he or she presides
has made a local liquor control commissioner appointment

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that complies with the requirements of Section 4-2 of this
Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3) through
(a) (11) of Section 28-1 of, or as proscribed by Section
28-1.1 or 28-3 of, the Criminal Code of 1961, or as
proscribed by a statute replaced by any of the aforesaid
statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless the
person or entity is eligible to be issued a license under
the Raffles Act or the Illinois Pull Tabs and Jar Games
Act.
(18) A person who intends to sell alcoholic liquors for
use or consumption on his or her licensed retail premises
who does not have liquor liability insurance coverage for
that premises in an amount that is at least equal to the
maximum liability amounts set out in subsection (a) of
Section 6-21.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic

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liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's
license is initiated.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".