Bill Text: IL HB5288 | 2011-2012 | 97th General Assembly | Engrossed

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. Provides that an applicant for a license (instead of retail license) from the State Commission shall submit an application stating specified information. Provides that an applicant who has ever had a previous liquor license within or without the State that was suspended or revoked (instead of any previous liquor license suspended or revoked) must submit that information and the reasons for the suspension or revocation to the Commission. Adds a requirement that an applicant for licensure must submit whether the applicant, its subsidiary, affiliate, or any officer, member, or partner currently holds any license issued by the State Commission. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5288 Detail]

Download: Illinois-2011-HB5288-Engrossed.html

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

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(6) The name of the city, village, or county that
issued the local retail liquor license;
(7) The name and address of the landlord if the
premises are leased;
(8) The date of the applicant's first request for a
State liquor license and whether it was granted, denied or
withdrawn;
(9) The address of the applicant when the first
application for a State liquor license was made;
(10) The applicant's current State liquor license
number;
(11) The date the applicant began liquor sales at his
place of business;
(12) The address of the applicant's warehouse if he
warehouses liquor;
(13) The applicant's Retailer's Occupation Tax (ROT)
Registration Number;
(14) The applicant's document locater number on his
Federal Special Tax Stamp;
(15) Whether the applicant is delinquent in the payment
of the Retailer's Occupational Tax (Sales Tax), and if so,
the reasons therefor;
(16) Whether the applicant is delinquent under the cash
beer law, and if so, the reasons therefor;
(17) In the case of a retailer, whether he is
delinquent under the 30 day credit law, and if so, the

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

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(25) That he has not received or borrowed money or
anything else of value, and that he will not receive or
borrow money or anything else of value (other than
merchandising credit in the ordinary course of business for
a period not to exceed 30 90 days as herein expressly
permitted under Section 6-5 hereof), directly or
indirectly, from any manufacturer, importing distributor
or distributor or from any representative of any such
manufacturer, importing distributor or distributor, nor be
a party in any way, directly or indirectly, to any
violation by a manufacturer, distributor or importing
distributor of Section 6-6 of this Act.
In addition to any other requirement of this Section, an
applicant for any manufacturer's license under subsection (a)
of Section 5-1 shall also submit information that discloses
whether the applicant, its subsidiary, affiliate, or any
officer, associate, member, or partner currently holds any
license, or holds more than a 5% interest in an entity that
holds any license, issued by the State Commission under Section
5-1 of this Act.
In addition to any other requirement of this Section, an
applicant for a special use permit license and a special event
retailer's license shall also submit (A) proof satisfactory to
the Commission that the applicant has a resale number issued
under Section 2c of the Retailer's Occupation Tax Act or that
the applicant is registered under Section 2a of the Retailer's

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Occupation Tax Act, (B) proof satisfactory to the Commission
that the applicant has a current, valid exemption
identification number issued under Section 1g of the Retailers'
Occupation Tax Act and a certification to the Commission that
the purchase of alcoholic liquors will be a tax-exempt
purchase, or (C) a statement that the applicant is not
registered under Section 2a of the Retailers' Occupation Tax
Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act.
The applicant shall also submit proof of adequate dram shop
insurance for the special event prior to being issued a
license.
In addition to the foregoing information, such application
shall contain such other and further information as the State
Commission and the local commission may, by rule or regulation
not inconsistent with law, prescribe.
If the applicant reports a felony conviction as required
under paragraph (21) of this Section, such conviction may be
considered by the Commission in determining qualifications for
licensing, but shall not operate as a bar to licensing.
If said application is made in behalf of a partnership,
firm, association, club or corporation, then the same shall be
signed by one member of such partnership or the president or
secretary of such corporation or an authorized agent of said
partnership or corporation.

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All other applications shall be on forms prescribed by the
State Commission, and which may exclude any of the above
requirements which the State Commission rules to be
inapplicable.
(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.