2023 Illinois Compiled Statutes › Chapter 240 - WAREHOUSES › 240 ILCS 5/ - Safety Deposit License Act.

(240 ILCS 5/0.01) (from Ch. 17, par. 1450)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Safety Deposit License Act.
(Source: P.A. 86-1324.)
(240 ILCS 5/1) (from Ch. 17, par. 1451)
Sec. 1. 
		For the purposes of this Act:
"Person" means any individual, firm, corporation, association, trust or other
association of individuals.
"Director" means the Director of the Department of Financial
Institutions of the State of Illinois.
(Source: P.A. 91-357, eff. 7-29-99.)
(240 ILCS 5/2) (from Ch. 17, par. 1452)
Sec. 2. 
		
		No person, except as hereinafter provided, shall engage in the business
of renting or permitting the use of for compensation, safety deposit boxes,
safes, vaults or other facilities for the safekeeping of personal property
unless he has been issued a license to do so. The engaging in such business
by any person without a license, current and unrevoked, issued pursuant to
the provisions of this Act is declared to be inimical to the public welfare
and public safety and to constitute a public nuisance. The Director,
through the Attorney General or the State's Attorney of the county, may
maintain an action in the name of the People of the State of Illinois to
perpetually enjoin any person from so unlawfully engaging in such business.
Such injunctive remedy shall be in addition to, and not in lieu of any
penalty or remedy, civil or criminal, otherwise provided by law.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/3) (from Ch. 17, par. 1453)
Sec. 3. 
		This Act does not apply to:
1. Any banking or savings and loan institution or credit union organized
under the laws
of this State or
of the federal government, including any safety deposit business
operated by or in connection with a State, federal or national bank, savings
and loan, credit union, or a trust
company that carries on its business under supervision of State or
federal statutes;
2. The storing of personal property for hire under the Personal Property
Storage Act;
3. Warehouses licensed under the Illinois Refrigerated Warehouses
Act;
4. Plants licensed under the Meat and Poultry Inspection Act;
5. Warehouses licensed under the Public Grain Warehouse and Warehouse
Receipts Act.
(Source: P.A. 88-235.)
(240 ILCS 5/4) (from Ch. 17, par. 1454)
Sec. 4. 
		
		Application for a license shall be made to the Director upon a form
furnished by him.
The application shall contain the following information
and the information required by Sections 5 to 10, inclusive, which shall
be sworn to and notarized:
1. The name under which applicant will conduct his business.
2. Identity of applicant, whether corporation, general partnership,
limited or special partnership, common law or business trust, or a sole
proprietorship.
3. Date of organization of business.
4. Address at which the business will be conducted if licensed.
5. Full name and address of owners and holders of title to premises in
which business is to be conducted.
6. If applicant is a successor to the business for which license is
being applied for, the names and addresses of predecessors and the date the
business was acquired by the applicant.
7. Whether the applicant or any persons interested in or associated with
the applicant are interested either directly or indirectly in the same or a
similar business as that of the applicant at any place or location other
than the one located at the address stated for which a license is
requested. If such relationship exists, the names and addresses of the
other persons.
8. Information as to any other license, either local, county, state or
federal, that applicant now holds in connection with the operation or
conduct of the business for which application is now being made for
license.
9. Detailed description of kind, number and character of boxes, safes or
other facilities to be offered or used for safekeeping purposes.
10. Full name and address of manager of applicant's business.
11. Whether the applicant under the present business name or any former
name has ever been denied a license, or has had suspended, cancelled or
revoked any license for the conduct or operation of the business of keeping
and letting of safety deposit boxes, safes, vaults or other facilities
under any statute of the State of Illinois or law of any local or
governmental agency providing for the regulation and licensing of any such
business.
12. The application shall, if made by a sole proprietor, be signed by
the proprietor, if made by a partnership by each of the partners, and if
made by a corporation, business trust or other legal entity by two officers
or trustees thereof.
(Source: P.A. 91-357, eff. 7-29-99.)
(240 ILCS 5/5) (from Ch. 17, par. 1455)
Sec. 5. 
		If the applicant is a corporation the application shall state:
a.  Name of state in which applicant is incorporated;
b.  Date of corporate charter or authority;
c.  If incorporated in a state other than Illinois, date of compliance
with the "Business Corporation Act of 1983";
d.  Name and address of its president and secretary;
e.  If foreign corporation, name and address of Illinois registered
agent;
f.  If some other form of organization, describe briefly and give name
and addresses of executive officers;
g. Whether the applicant corporation has at any time operated under a
name other than that stated in the application and if so a statement of
such other names and the periods during which they were used.
(Source: P.A. 83-1362.)
(240 ILCS 5/6) (from Ch. 17, par. 1456)
Sec. 6. 
		
		If applicant is an unincorporated entity of any type, a partnership
or sole proprietorship, and the business name or title used is such as to
require registration of such name or title under "An Act in relation to the
use of an assumed name and the conduct or transaction of business in this
State", approved July 17, 1941, the date of and the county in which the
required filing was effected shall be stated.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/7) (from Ch. 17, par. 1457)
Sec. 7. 
		
		If applicant is a partnership, the names and addresses of all
partners and a statement as to whether or not, or to what extent, the
Articles of Agreement, and any supplementary written statements, provide
and stipulate for a limitation, if any, as to any partner or partners'
liability for debts or obligations of the business conducted by the
partnership, and the names and addresses of the partners to be engaged in
active management or participation in the conduct of the business shall be
stated.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/8) (from Ch. 17, par. 1458)
Sec. 8. 
		
		If applicant is a common law or business trust, the names and
addresses of each trustee and of all beneficiaries in the trust and names
of persons to be engaged in the management or active participation in the
conduct of the business shall be stated.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/9) (from Ch. 17, par. 1459)
Sec. 9. 
		
		If applicant is under direct or indirect common control with, or is
controlled by any other person, partnership, corporation or other entity
the application shall state:
a. Name of such controlling or affiliated party or parties:
b. Nature and extent of such control.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/10) (from Ch. 17, par. 1460)
Sec. 10. 
		If applicant has heretofore been licensed:
a. Date of prior license or licenses issued;
b. Date prior license or licenses expired;
c. Date prior licenses renewed or new licenses issued in place thereof.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/11) (from Ch. 17, par. 1461)
Sec. 11. 
		
		Each application shall be accompanied by a supplementary statement
executed and submitted by the individual owner of a sole proprietorship; by
each partner (whether general or limited) of a partnership; by properly
authorized officer or officers of a corporation; each manager, trustee or
member of an unincorporated association, making application for license,
and by any person about to become associated in any official capacity, or
as a partner with any person licensed under this Act. The supplementary
statement shall contain the following information and the information
required by Sections 12 to 18, inclusive, which shall be sworn to and
notarized;
1.  Business name and address of applicant with which affiant is, or will
be, associated.
2.  Affiant's full name, business address, residence address and age.
3. Official title or scope of managerial duties, or otherwise indicate
nature of connection of the affiant with the applicant above named.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/12) (from Ch. 17, par. 1462)
Sec. 12. 
		
		The nature and tenure of each period of employment or business of
affiant for at least ten years immediately preceding the date of his
statement shall be stated in the supplementary statement.
Any periods of attendance at educational institutions, periods of
unemployment, and periods of self-employment during such ten-year period
shall be shown in the chronological order of their occurrence. As to
periods of self-employment, the nature of the business or activities
engaged in shall be stated. Employment by others should be shown in the
following order:
a.  Beginning date;
b.  Name and address of employer;
c.  Official capacity or nature of employment;
d. Date terminated;
e. Reason for termination.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/13) (from Ch. 17, par. 1463)
Sec. 13. 
		
		If the applicant named in the supplementary statement is a
corporation, or an incorporated association, the amount of capital stock or
invested interest owned of record by the affiant shall be stated. If the
applicant is a partnership, the approximate percentage of the total
partnership capital credited to the within affiant shall be stated.
A statement shall be made as to whether or not the invested capital
interest of the affiant, as stated above, represents borrowed funds, in
whole or in part, pledged funds, or funds hypothecated or under lien in any
manner or degree, and if so, the names of the persons to whom the applicant
is indebted.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/14) (from Ch. 17, par. 1464)
Sec. 14. 
		
		If partnership or unincorporated association, the limitation of
liability of the affiant as a partner or member thereof shall be stated in
the supplementary statement.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/15) (from Ch. 17, par. 1465)
Sec. 15. 
		
		The supplementary statement shall state whether or not the affiant
is connected with, or holds financial interest, in, any other person,
partnership, association or corporation engaged as a regular business in
the keeping and letting of safety deposit boxes, safes, and vaults or other
facilities for safekeeping of personal property. If so, the name and
address of such party or parties shall be stated and the nature and extent
of the financial interest.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/16) (from Ch. 17, par. 1466)
Sec. 16. 
		
		If affiant is engaged in, associated or connected in any way with,
any other business, occupation, profession, or activities, other than that
of the business of the applicant being conducted or to be conducted under
the name at the address given for the applicant named in supplementary
statement, that requires a license or is licensed, supervised, or regulated
by any officer, body, commission or public authority of the Federal
Government or the State of Illinois or any municipality therein or
political subdivision thereof, the full name and address of such other
business, occupation, profession, or activity, the nature of such business,
and the nature of the connection or financial interest of the affiant in
such other business shall be stated.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/17) (from Ch. 17, par. 1467)
Sec. 17. 
		
		The supplementary statement must contain the names and addresses
of 3 reputable persons to whom the Director may address inquiries relative
to the experience, character, integrity and standing of affiant. Names
submitted are not to be those of persons related to or employed by the
affiant or actively associated with the applicant named in the
supplementary statement.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/18) (from Ch. 17, par. 1468)
Sec. 18. 
		
		A statement as to whether or not the affiant under present name or
any former name, has ever been denied a license, or has had suspended,
cancelled or revoked any license with respect to any business organized for
the purpose of the keeping and letting of safety deposit boxes, safes,
vaults or other facilities for the safekeeping of personal property, by any
State or other governmental authority shall be contained in the
supplementary statement.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/19) (from Ch. 17, par. 1469)
Sec. 19. No applicant shall be issued a license who:
1. (blank);
2.  has been convicted of a felony;
3.  has not provided a burglar alarm system for the     safe, vault, and other fixtures;
4.  has not provided a time lock for the safe, vault     or other fixtures;
5.  has not provided one or more combination locked     steel doors (one in front of the other and no door less than one inch thick) aggregating at least 3 1/2 inches in thickness; or one combination locked round or square steel door not less than 3 1/2 inches in thickness;
6. has not provided vault construction (walls,     ceiling and floor) of equal resistance to the door;
7. has not placed in a conspicuous place in the     location, a sign in large print, telling the depositor what types of protection are being furnished by the licensee;
8. has advertised or advertises that the facilities     furnished by him are approved by the Director.
Any of the requirements set forth in this section which are not capable
of fulfillment because of wartime restrictions may during the war time
emergency, be waived by the Director.
(Source: P.A. 101-541, eff. 8-23-19.)
(240 ILCS 5/20) (from Ch. 17, par. 1470)
Sec. 20. 
		
		The application shall be accompanied by a Certificate of
Inspection made by a vault service company which has been approved by the
Director and a set of fingerprints of the person who signs the application.
The Certificate shall show the type of vault construction and the condition
of the safety devices employed by the applicant.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/21) (from Ch. 17, par. 1471)
Sec. 21. 
		
		Each applicant shall submit with his application, a specimen form
of all types of contract, agreement, or other writings to be used between
applicant and renters or users of safety deposit boxes, safes, vaults or
other facilities furnished by applicant for the safekeeping of personal
property.
(Source: Laws 1945, p. 1711.)
(240 ILCS 5/22) (from Ch. 17, par. 1472)
Sec. 22. 
		
		The Director shall issue a license to an applicant who has
complied with this Act and who has submitted with his application, a fee
of $50. Each license shall expire on the first day of July next after its
issuance, and shall apply only to the premises described. Each separate
establishment requires an individual license.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/22.1)
Sec. 22.1. 
All moneys received by the Department of Financial Institutions
under this Act shall be deposited in the Financial Institution Fund created
under Section 6z-26 of the State Finance Act.
(Source: P.A. 98-463, eff. 8-16-13.)
(240 ILCS 5/23) (from Ch. 17, par. 1473)
Sec. 23. 
		
		The Director, by his agents, shall inspect at least once in each
license period, the license, safety deposit boxes, safes, vault or other
facilities furnished by the licensee.
If the Director finds that the licensee is not complying with the
provisions of this Act he may revoke the license of the licensee, and the
licensee shall not be eligible for a license hereunder for a period of six
months following the date of revocation.
The Director shall keep in his office a permanent record of all
inspections made, and such record shall be available to the public.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/24) (from Ch. 17, par. 1474)
Sec. 24. 
		
		If any person's license is revoked such person shall give notice
of the revocation to all renters within ten days after the revocation,
whereupon each renter may remove his personal property from the safety
deposit box, safe, vault, or other facility furnished by the licensee, and
shall be refunded the unused portion of the rental fee paid to the
licensee. The licensee shall, within thirty days after the date of
revocation, make refunds of the unused portions of rent and permit the
renters to remove the contents of their boxes. During the 30 day period, he
shall not offer for rent any safety deposit box, safe, vault or other
facilities in which personal property may be stored.
(Source: Laws 1967, p. 1668.)
(240 ILCS 5/25.01) (from Ch. 17, par. 1476)
Sec. 25.01. 
		
		All final administrative decisions of the Director hereunder
shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 82-783.)
(240 ILCS 5/27) (from Ch. 17, par. 1478)
Sec. 27. 
		
		Whoever violates any provision of this Act shall be guilty of a petty
offense. Each day of a violation shall be considered a separate offense.
(Source: P.A. 77-2218.)