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.)