IL
Illinois House Bill HB2465

Illinois 2023-2024 Regular Session

Illinois House Bill HB2465 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2465 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 235 ILCS 5/7-1 from Ch. 43, par. 145 Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor Control Commission or local liquor commissioner may not refuse to issue a retail license based on an applicant's noncitizen status if the applicant otherwise meets the qualifications for licensure and the applicant has a valid Illinois driver's license or Illinois identification card; the applicant undergoes a criminal history records check and has no record of an offense that would disqualify him or her from licensure; the applicant resides in the jurisdiction in which the license will be issued; the applicant is in good standing with the community in which the license will be issued; and the applicant is in good standing with the Internal Revenue Service, the Department of Revenue, his or her creditors, applicable credit bureaus, and any other similar financial agencies. Preempts home rule powers. LRB103 30269 RPS 56697 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2465 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 235 ILCS 5/7-1 from Ch. 43, par. 145 235 ILCS 5/7-1 from Ch. 43, par. 145 Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor Control Commission or local liquor commissioner may not refuse to issue a retail license based on an applicant's noncitizen status if the applicant otherwise meets the qualifications for licensure and the applicant has a valid Illinois driver's license or Illinois identification card; the applicant undergoes a criminal history records check and has no record of an offense that would disqualify him or her from licensure; the applicant resides in the jurisdiction in which the license will be issued; the applicant is in good standing with the community in which the license will be issued; and the applicant is in good standing with the Internal Revenue Service, the Department of Revenue, his or her creditors, applicable credit bureaus, and any other similar financial agencies. Preempts home rule powers. LRB103 30269 RPS 56697 b LRB103 30269 RPS 56697 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2465 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
33 235 ILCS 5/7-1 from Ch. 43, par. 145 235 ILCS 5/7-1 from Ch. 43, par. 145
44 235 ILCS 5/7-1 from Ch. 43, par. 145
55 Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor Control Commission or local liquor commissioner may not refuse to issue a retail license based on an applicant's noncitizen status if the applicant otherwise meets the qualifications for licensure and the applicant has a valid Illinois driver's license or Illinois identification card; the applicant undergoes a criminal history records check and has no record of an offense that would disqualify him or her from licensure; the applicant resides in the jurisdiction in which the license will be issued; the applicant is in good standing with the community in which the license will be issued; and the applicant is in good standing with the Internal Revenue Service, the Department of Revenue, his or her creditors, applicable credit bureaus, and any other similar financial agencies. Preempts home rule powers.
66 LRB103 30269 RPS 56697 b LRB103 30269 RPS 56697 b
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1111 1 AN ACT concerning liquor.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Liquor Control Act of 1934 is amended by
1515 5 changing Section 7-1 as follows:
1616 6 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
1717 7 Sec. 7-1. An applicant for a retail license from the State
1818 8 Commission shall submit to the State Commission an application
1919 9 in writing under oath stating:
2020 10 (1) The applicant's name and mailing address;
2121 11 (2) The name and address of the applicant's business;
2222 12 (3) If applicable, the date of the filing of the
2323 13 "assumed name" of the business with the County Clerk;
2424 14 (4) In case of a copartnership, the date of the
2525 15 formation of the partnership; in the case of an Illinois
2626 16 corporation, the date of its incorporation; or in the case
2727 17 of a foreign corporation, the State where it was
2828 18 incorporated and the date of its becoming qualified under
2929 19 the Business Corporation Act of 1983 to transact business
3030 20 in the State of Illinois;
3131 21 (5) The number, the date of issuance and the date of
3232 22 expiration of the applicant's current local retail liquor
3333 23 license;
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2465 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3838 235 ILCS 5/7-1 from Ch. 43, par. 145 235 ILCS 5/7-1 from Ch. 43, par. 145
3939 235 ILCS 5/7-1 from Ch. 43, par. 145
4040 Amends the Liquor Control Act of 1934. Provides that the Illinois Liquor Control Commission or local liquor commissioner may not refuse to issue a retail license based on an applicant's noncitizen status if the applicant otherwise meets the qualifications for licensure and the applicant has a valid Illinois driver's license or Illinois identification card; the applicant undergoes a criminal history records check and has no record of an offense that would disqualify him or her from licensure; the applicant resides in the jurisdiction in which the license will be issued; the applicant is in good standing with the community in which the license will be issued; and the applicant is in good standing with the Internal Revenue Service, the Department of Revenue, his or her creditors, applicable credit bureaus, and any other similar financial agencies. Preempts home rule powers.
4141 LRB103 30269 RPS 56697 b LRB103 30269 RPS 56697 b
4242 LRB103 30269 RPS 56697 b
4343 A BILL FOR
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6868 1 (6) The name of the city, village, or county that
6969 2 issued the local retail liquor license;
7070 3 (7) The name and address of the landlord if the
7171 4 premises are leased;
7272 5 (8) The date of the applicant's first request for a
7373 6 State liquor license and whether it was granted, denied or
7474 7 withdrawn;
7575 8 (9) The address of the applicant when the first
7676 9 application for a State liquor license was made;
7777 10 (10) The applicant's current State liquor license
7878 11 number;
7979 12 (11) The date the applicant began liquor sales at his
8080 13 place of business;
8181 14 (12) The address of the applicant's warehouse if he
8282 15 warehouses liquor;
8383 16 (13) The applicant's Retailers' Occupation Tax (ROT)
8484 17 Registration Number;
8585 18 (14) The applicant's document locator number on his
8686 19 Federal Special Tax Stamp;
8787 20 (15) Whether the applicant is delinquent in the
8888 21 payment of the Retailers' Occupation Tax (Sales Tax), and
8989 22 if so, the reasons therefor;
9090 23 (16) Whether the applicant is delinquent under the
9191 24 cash beer law, and if so, the reasons therefor;
9292 25 (17) In the case of a retailer, whether he is
9393 26 delinquent under the 30-day credit law, and if so, the
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104104 1 reasons therefor;
105105 2 (18) In the case of a distributor, whether he is
106106 3 delinquent under the 15-day credit law, and if so, the
107107 4 reasons therefor;
108108 5 (19) Whether the applicant has made an application for
109109 6 a liquor license which has been denied, and if so, the
110110 7 reasons therefor;
111111 8 (20) Whether the applicant has ever had any previous
112112 9 liquor license suspended or revoked, and if so, the
113113 10 reasons therefor;
114114 11 (21) Whether the applicant has ever been convicted of
115115 12 a gambling offense or felony, and if so, the particulars
116116 13 thereof;
117117 14 (22) Whether the applicant possesses a current Federal
118118 15 Wagering Stamp, and if so, the reasons therefor;
119119 16 (23) Whether the applicant, or any other person,
120120 17 directly in his place of business is a public official,
121121 18 and if so, the particulars thereof;
122122 19 (24) The applicant's name, sex, date of birth, social
123123 20 security number, position and percentage of ownership in
124124 21 the business; and the name, sex, date of birth, social
125125 22 security number, position and percentage of ownership in
126126 23 the business of every sole owner, partner, corporate
127127 24 officer, director, manager and any person who owns 5% or
128128 25 more of the shares of the applicant business entity or
129129 26 parent corporations of the applicant business entity; and
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140140 1 (25) That he has not received or borrowed money or
141141 2 anything else of value, and that he will not receive or
142142 3 borrow money or anything else of value (other than
143143 4 merchandising credit in the ordinary course of business
144144 5 for a period not to exceed 90 days as herein expressly
145145 6 permitted under Section 6-5 hereof), directly or
146146 7 indirectly, from any manufacturer, importing distributor
147147 8 or distributor or from any representative of any such
148148 9 manufacturer, importing distributor or distributor, nor be
149149 10 a party in any way, directly or indirectly, to any
150150 11 violation by a manufacturer, distributor or importing
151151 12 distributor of Section 6-6 of this Act.
152152 13 In addition to any other requirement of this Section, an
153153 14 applicant for a special use permit license and a special event
154154 15 retailer's license shall also submit (A) proof satisfactory to
155155 16 the Commission that the applicant has a resale number issued
156156 17 under Section 2c of the Retailers' Occupation Tax Act or that
157157 18 the applicant is registered under Section 2a of the Retailers'
158158 19 Occupation Tax Act, (B) proof satisfactory to the Commission
159159 20 that the applicant has a current, valid exemption
160160 21 identification number issued under Section 1g of the
161161 22 Retailers' Occupation Tax Act and a certification to the
162162 23 Commission that the purchase of alcoholic liquors will be a
163163 24 tax-exempt purchase, or (C) a statement that the applicant is
164164 25 not registered under Section 2a of the Retailers' Occupation
165165 26 Tax Act, does not hold a resale number under Section 2c of the
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176176 1 Retailers' Occupation Tax Act, and does not hold an exemption
177177 2 number under Section 1g of the Retailers' Occupation Tax Act.
178178 3 The applicant shall also submit proof of adequate dram shop
179179 4 insurance for the special event prior to being issued a
180180 5 license.
181181 6 In addition to the foregoing information, such application
182182 7 shall contain such other and further information as the State
183183 8 Commission and the local commission may, by rule or regulation
184184 9 not inconsistent with law, prescribe.
185185 10 If the applicant reports a felony conviction as required
186186 11 under paragraph (21) of this Section, such conviction may be
187187 12 considered by the Commission in accordance with Section 6-2.5
188188 13 of this Act in determining qualifications for licensing, but
189189 14 shall not operate as a bar to licensing.
190190 15 If said application is made in behalf of a partnership,
191191 16 firm, association, club or corporation, then the same shall be
192192 17 signed by one member of such partnership or the president or
193193 18 secretary of such corporation or an authorized agent of said
194194 19 partnership or corporation.
195195 20 Notwithstanding any provision to the contrary, the State
196196 21 Commission or local liquor commissioner may not refuse to
197197 22 issue a retail license based on an applicant's noncitizen
198198 23 status if the applicant otherwise meets the qualifications for
199199 24 licensure and:
200200 25 (1) the applicant has a valid Illinois driver's
201201 26 license or Illinois identification card;
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212212 1 (2) the applicant undergoes a criminal history record
213213 2 check and has no record of an offense that would
214214 3 disqualify him or her from licensure;
215215 4 (3) the applicant resides in the jurisdiction in which
216216 5 the license will be issued;
217217 6 (4) the applicant is in good standing with the
218218 7 community in which the license will be issued; and
219219 8 (5) the applicant is in good standing with the
220220 9 Internal Revenue Service, the Department of Revenue, his
221221 10 or her creditors, applicable credit bureaus, and any other
222222 11 similar financial agencies.
223223 12 The changes made to this Section by this amendatory Act of
224224 13 the 103rd General Assembly are a denial and limitation of home
225225 14 rule powers and functions under subsection (h) of Section 6 of
226226 15 Article VII of the Illinois Constitution.
227227 16 All other applications shall be on forms prescribed by the
228228 17 State Commission, and which may exclude any of the above
229229 18 requirements which the State Commission rules to be
230230 19 inapplicable.
231231 20 (Source: P.A. 100-286, eff. 1-1-18.)
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