(A) Unlicensed Sale and Sale in Violation of Restrictions Prohibited.
1. Except as provided in subsection (A)2 hereof, it shall be unlawful for any person not having a current, valid license, authorized and issued hereunder, to sell or offer for sale in the Village any alcoholic liquor.
2. No license shall be required for the retail sale of alcoholic liquor by civic, political, fraternal, educational or charitable organizations and not-for-profit organizations dedicated to the promotion, enhancement or appreciation of museums, libraries, parks, gardens or the fine arts for the purpose of minor fund-raising events, festivals, outings, picnics and other similar special events. Any event shall be considered minor when no more than one hundred (100) people are anticipated to attend.
3. It shall be unlawful for any licensee to sell or offer for sale in the Village any alcoholic liquor except in the manner authorized by and in compliance with the terms and restrictions of a license issued hereunder.
(B) Application for License.
1. Application Generally. Application for a license hereunder shall be made to the Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by one of the partners, if a partnership, or by the duly authorized agent thereof, if a club or corporation, verified by an oath or affidavit.
2. Background Information. Each application shall include the following background information:
(a) The name, age and address of the applicant; in the case of a partnership, also the persons entitled to share in the profits thereof; in the case of a corporation for profit, or a club, also the officers and directors and persons controlling in the aggregate more than five percent (5%) of the voting shares of stock.
(b) The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of naturalization; in the case of a corporation or club, the place of incorporation.
(c) The character of business of the applicant and, in the case of a club or corporation, the objects for which it was formed.
(d) The length of time that the applicant has been in business of the character specified in response to subsection (B)2(c) above, or in case of a club or corporation, the date on which its charter was issued.
(e) The location and description of the premises or place of business which is to be operated under such license.
3. Statements Required. Each application must include the following statements:
(a) A statement as to whether the applicant has a current license issued by the Illinois Liquor Control Commission.
(b) A statement as to whether the applicant has ever been convicted of a felony under any Federal or State law.
(c) A statement as to whether the applicant has ever been convicted of a violation of any Federal or State law or local ordinance concerning the manufacture, possession or sale of alcoholic liquor, or has ever forfeited his bond to appear in court to answer charges for any such violation.
(d) A statement as to whether the applicant has ever been convicted of a gambling offense as prescribed by any State or Federal law or regulation.
(e) A statement as to whether the applicant has had a similar license issued under State or Federal law or under the ordinances of any municipality revoked within ten (10) years of the date of the present application.
(f) A statement as to whether the applicant has had a similar license issued under State or Federal law or under the ordinances of any municipality suspended more than once within one year of the present application.
(g) A statement as to whether the applicant is a Village employee or law enforcing official of any government agency.
(h) A statement as to whether the applicant has been issued a Federal gaming device stamp or a Federal wagering stamp by the Federal government for the current tax period.
(i) A statement as to whether a Federal gaming device stamp has been issued for the current taxable year with respect to the premises for which the license is sought.
(j) A statement as to whether the premises for which a license is sought comprise a store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches or drinks for such minors.
(k) A statement as to whether the retail sale of alcohol on the premises for which a license is sought will violate any provision of the Barrington Hills Zoning Ordinance, 1 and as to whether the lot line of such premises are within one hundred feet (100') of the lot line of any church, school, hospital, home for the aged, children, or indigent persons, or any military or naval station.
(l) A statement as to whether the applicant is a permanent resident of the Village of Barrington Hills.
(m) A statement as to whether the applicant beneficially owns the premises for which a license is sought, or has a lease thereon for the full period for which the license is to be issued.
(n) A statement as to whether the applicant is the beneficial owner of the business to be licensed.
(o) A statement as to whether the applicant will be personally, actively involved in the operation of the business to be licensed.
(p) A statement as to whether the business is or will be managed by a manager or agent. All required statements pertaining to an individual licensee must be supplied with respect to such manager or agent.
(q) A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of this State, this Chapter, or other ordinances of the Village.
(r) A statement that the applicant will not violate any laws of this State or of the United States, or this Chapter, or other ordinances of the Village in the conduct of his businesses.
(s) If the applicant is a partnership, all required statements above pertaining to an individual licensee must be supplied with respect to each partner; provided, however, that the statement concerning active involvement in subsection (B)3(o) above is required of only one such partner.
(t) If the applicant is a corporation, all required statements above pertaining to an individual licensee must be supplied with respect to each officer, manager or director thereof, and any stockholder or stockholders controlling in the aggregate more than five percent (5%) of the voting stock of such corporation; provided, however, that the statement concerning Village residency in subsection (B)3(l) above and the statement concerning active involvement in subsection (B)3(o) above, shall not be required of such officers, managers, directors and five percent (5%) aggregate stockholders; provided, further, that the statement concerning the issuance of a Federal gaming device stamp or a Federal wagering stamp for the current taxable year in subsection (B)3(h) above shall only be required of a stockholder or stockholders who control in the aggregate more than twenty percent (20%), rather than five percent (5%) of the voting stock of such corporations.
(C) Ineligibility for License.
1. No license of any kind shall be issued or renewed to:
(a) A person who has been convicted of a felony under any Federal or State law, if the Liquor Control Commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.
(b) A person who has been convicted of a violation of any Federal or State law or local ordinance concerning the manufacture, possession or sale of alcoholic liquor or shall have forfeited his bond to appear in court to answer charges for any such violation.
(c) A person who has been convicted of a gambling offense as prescribed by any State or Federal law or regulation.
(d) A person whose liquor license issued under State law or any municipal ordinance has been revoked for cause within ten (10) years of the date of the present application.
(e) A person whose liquor license issued under this Chapter has been suspended more than once for cause within one year of the present application.
(f) Any Village employee, law enforcing official, the President and any member of the Board of Trustees; provided, however, that nothing herein contained shall prohibit the issuance of a license to a bona fide not-for-profit private club or charitable or educational organization, owned and operated by its members, one or more of which members is a Village employee, law enforcing public official, the President or a member of the Board of Trustees.
(g) A person to whom a Federal gaming device stamp or a Federal wagering stamp has been issued by the Federal government for the current tax period.
(h) A person applying for a license with respect to premises for which a Federal gaming device stamp has been issued for the current taxable year.
(i) A person applying for a license with respect to any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches or drinks for such minors.
(j) A person applying for a license with respect to premises upon which the retail sale of alcoholic liquor will violate any provision of the Barrington Hills Zoning Ordinance, or which lot line of such premises are within one hundred feet (100') of the lot line of any church, school, hospital, home for the aged, children, or indigent persons, or any military or naval station; provided that no distance shall be required with respect to a State university or other institution of higher learning.
(k) A person, other than a corporation, who is not a permanent resident of the Village of Barrington Hills.
(l) A person who does not beneficially own the 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.
(m) A person who is not the beneficial owner of the business to be licensed.
(n) A person who will not be personally, actively involved in the operation of the business to be licensed.
(o) A person whose place of business is managed by a manager or agent unless said manager or agent possesses the qualifications required of the applicant for the license.
(p) A partnership, unless all members thereof shall be qualified to obtain a license; provided, however, that the requirement of active involvement in subsection (C)1(n) above shall apply only to one such partner.
(q) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders controlling in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible, except by reason of the Village residency requirement in subsection (C)1(k) above or the requirement of active involvement in subsection (C)1(n) above, to receive a license hereunder; provided, however, that the ineligibility of a corporate applicant premised on a stockholder or stockholders having received a Federal gaming device stamp or a Federal wagering stamp for the current taxable year in subsection (C)1(g) above shall apply only to the extent that such stockholder or stockholders control in the aggregate more than twenty percent (20%), rather than five percent (5%), of the stock of such corporations.
2. All licenses issued pursuant to this Chapter shall be conditioned upon the acquisition by the applicant of a State license issued by the Illinois Liquor Control Commission. Any license so conditionally issued shall not authorize the retail sale of any alcoholic liquor until proof of acquisition of such State license is furnished to the Local Liquor Control Commissioner. In the event that the applicant is refused a State license by said Commission, the license conditionally issued under this paragraph shall become null and void and the license fee and surety bond required by this Chapter shall be returned to the applicant.
3. In addition to other grounds specified in this Chapter, the Liquor Control Commissioner, on complaint of the State Department of Revenue may refuse the issuance or renewal of a license, or suspend or revoke such license, for any of the following violations of the "Retailer's Occupation Tax Act".
(a) Failure to make a tax return.
(b) The filing of a fraudulent return.
(c) Failure to pay all or part of any tax or penalty finally determined to be due.
(d) Failure to keep books and records.
(e) Failure to secure and display a certificate or sub-certificate of registration.
(f) Wilful violation of any rule or regulation of the State Department of Revenue relating to the administration and enforcement of tax liability.
(D) Classification and Schedule of Fees. There shall be the following classes of licenses and respective license fees; provided, however that no such license shall be issued in excess of the number, if any, specified in subsection (H) for each such license.
1. Class A Licenses, which shall authorize the retail sale of alcoholic liquors for consumption only on the premises where sold to members or guests of members by clubs, as determined in Section 3-2-2 of this Chapter, organized under the laws of this State not for pecuniary profit. The annual fee for such license shall one thousand dollars ($1,000.00).
2. Class B Licenses, which shall authorize the retail sale of alcoholic liquor by restaurants, but only when such sale is incidental and complementary to the sale and service of complete meals and for consumption only on the premises where sold. The annual fee for such license shall be two thousand dollars ($2,000.00).
3. Class C Licenses, which shall authorize the retail sale of alcoholic liquor in restaurant lounge areas, as defined in Section 3-2-2 of this Chapter, for consumption only on the premises where sold. Such license may only be issued to the holder of a valid Class B license. The annual fee for such license shall be one thousand dollars ($1,000.00).
4. Special Class D Licenses, which shall authorize, subject to the following restrictions, the retail sale of alcoholic liquor by not-for-profit organizations dedicated to the promotion, enhancement or appreciation of museums, libraries, parks, gardens, or the fine arts and civic, political, fraternal, riding clubs, educational or charitable organizations. Such licenses shall be issued to such organizations only for major fund-raising events, festivals, outings, picnics, and other similar special events, only for consumption on the premises or within the area specifically designated in such license, and shall in no event be valid for longer than five (5) days. Any event shall be considered major when more than one hundred (100) people are anticipated to attend. The fee for such licenses shall be fifty dollars ($50.00) per day.
(E) Proration of Fees. The fee to be paid for licenses issued under the provisions of this Chapter shall be reduced in proportion to the number of calendar months which have expired in the license year prior to the issuance of the license. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of subsection (J) due to the death of the licensee. There shall be no refund where a license is suspended, revoked or involuntarily terminated pursuant to State law or this Chapter.
(F) Cost Assessment. The applicant shall be liable for all costs incurred by the Village in processing the application and investigating the statements and information provided therein. All such costs shall be in addition to the annual license fee payable under the provisions of subsection (D) above. No such cost assessment shall be made in connection with applications for a Class D license.
(G) Payment and Disposition of Fees and Costs Assessment. Additional costs assessments shall be paid within fourteen (14) days of billing. All fees for licenses issued under this Chapter shall be paid to the Liquor Control Commissioner before the day on which the license applied for is to become effective. In the event the license applied for is denied, any fee submitted shall be returned to the applicant after costs incurred by the Village in excess of the two hundred fifty dollars ($250.00) non-refundable costs assessment have been deducted. The applicant shall remain liable for any costs in excess of the fee and costs assessment submitted. If the license is granted, then the fee and costs assessment shall be deposited in the general corporate purposes fund or in such other fund as shall have been designated by the President and Board of Trustees by motion, resolution or ordinance.
(H) Number of Licenses. The following shall be the number of licenses available to be issued for each class:
Class A 2
Class B 2
Class C 2
Class D 2
(I) Bond. Before any license may be issued, the applicant shall furnish a surety bond in the amount of one thousand dollars ($1,000.00) to the Village of Barrington Hills. Such bond shall be forfeited automatically upon revocation of the license for which the bond was furnished if revocation was for cause. This bond shall not be required for Class D licenses.
(J) License is a Personal Privilege. A license issued under this Chapter shall be purely a personal privilege to expire on the last day of April next following the issuance thereof and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution but shall, except as provided in subsection (K)1 of this Chapter, cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but no longer than six (6) months after the death, bankruptcy or insolvency of such licensee.
(K) Changes in Personnel.
1. Any changes in a partnership, or in officers, directors or persons holding directly or beneficially more than five percent (5%) of the stock of a corporation or ownership interest, or managers, of establishments licensed under this Chapter shall be reported in writing to the Liquor Control Commissioner within ten (10) days of the change. All new personnel shall meet all the standards of this Chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the Liquor Control Commissioner.
2. When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, said license shall terminate.
Notes
| 1 | 1. See Title 5 of this Code for Zoning Regulations |