Bill Text: IL HB3126 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that a violation of a provision of the Raffles and Poker Runs Act concerning local regulation of raffles is not grounds for the denial, suspension, or revocation of a license under the Liquor Control Act of 1934. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3126 Detail]

Download: Illinois-2019-HB3126-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3126 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-2 from Ch. 43, par. 120
Amends the Liquor Control Act of 1934. Provides that a violation of a provision of the Raffles and Poker Runs Act concerning local regulation of raffles is not grounds for the denial, suspension, or revocation of a license under the Liquor Control Act of 1934. Effective immediately.
LRB101 10978 RPS 56161 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3126 LRB101 10978 RPS 56161 b
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 6-2 as follows:
(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.
(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 will not be impaired by the conviction in
engaging in the licensed practice after considering
matters set forth in such person's application in

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accordance with Section 6-2.5 of this Act and the
Commission's investigation.
(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.
(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
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

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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,
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, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the

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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
55,000 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
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

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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 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
55,000 or less or the president of a village with a
population of 55,000 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
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.

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(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 the
Criminal Code of 2012, 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 and Poker Runs 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.
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any

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licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on an
exchange within the meaning of the Securities Exchange Act
of 1934. For the purposes of this paragraph (20), a person
who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,

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including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(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
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.
(c) A violation of subsection (a) of Section 2 of the
Raffles and Poker Runs Act by a licensee is not grounds for the
denial, suspension, or revocation of a license under this Act.
(Source: P.A. 100-286, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.