Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-07
, passed 2-6-24). The text of the amendment will be incorporated below when the ordinance is codified.
Application for an initial license or renewal of an existing license required by this chapter shall be made to the Local Liquor Commissioner on forms provided and submitted to the Village Clerk. Such application shall be made in writing and shall be signed by the applicant, if an individual, or, if a club or corporation, by a duly authorized agent thereof, verified by oath or affidavit, and shall contain the following information, statements and certifications:
A. The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors and the name and address of each shareholder in the corporation. In the event any stock in said corporation is held by a nominee then the name and address of the person for whom the nominee holds ownership.
B. The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization.
C. The character of business of the applicant; and in the case of a corporation, the objects for which it was formed.
D. The length of time that such applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
E. The amount of goods, wares and merchandise on hand at the time application is made.
F. The location and description of the premises or place of business which is to be operated under such license.
G. A statement as to whether the applicant has made similar application for a similar license on premises other than those described in this application, and the disposition of such application. (1984 Code)
H. Whether the applicant: 1) has ever been convicted of a gambling offense or felony; 2) has been convicted of a misdemeanor involving injury to a person or property within the past ten (10) years; or 3) has been convicted of a misdemeanor involving theft or deception within the past five (5) years, under the laws of the state, or any other state, or the laws of the United States, and if so, a detailed description of such felony or misdemeanor. (Ord. 86-29, 5-6-1986)
I. Whether a previous license issued by a state or subdivision thereof, or by the federal government has been revoked and the reason therefor.
J. A statement that the applicant will not violate any of the laws of the village, this state or the United States in the conduct of his place of business.
K. In the case of a corporation, a list of the name and residence address of any owner of stock of such corporation. (1984 Code)
L. Each applicant, except applicants for class D license, shall designate at least one individual who shall serve as liquor manager for the applicant. Upon each renewal of a liquor license, the licensee shall designate a liquor manager or managers. The applicant shall supply the following information with respect to such manager or managers:
1. The name of the manager.
2. The residence address of the manager or agent and the length of time such manager has resided at that address, and if such length of time is less than one year, the previous residence address of such manager or agent.
3. The place and date of birth of the manager.
4. The social security number and driver's license number of the manager.
5. The experience of the manager in handling alcoholic liquor or in conducting a business of the character for which a license is being applied.
6. The home and business telephone numbers of the manager or agent.
7. The number of hours during which the manager will be on the premises to be licensed; provided that at least one manager, to be designated as the liquor manager for the premises, shall be on the premises not less than thirty five (35) hours per week. This provision shall not apply to class D or class F licenses. (Ord. 95-127, 12-19-1995)
8. Statement and representation from the applicant whether the applicant will be applying for a video gaming license and will be conducting video gaming at the proposed licensed premises. (Ord. 2013-80, 10-15-2013)
M. Certificates of completion of a state certified alcohol awareness program for the managers of liquor sales, bartenders and servers for the licensed premises, except for those managers, bartenders or servers who have been employed by the licensee less than ninety (90) days. (Ord. 95-127, 12-19-1995)
N. Each license application for an initial liquor license at a premises where the applicant has stated the applicant will be applying for a video gaming license or will be conducting video gaming shall be accompanied by a set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the state. The plans shall show the dimensions of the premises, its location on and the dimensions of its site; the property lines and their relationship to the building and all parking areas located on the property; and the design and layout for determination of occupancy, including, but not limited to, exiting, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas, and position of equipment and fixtures therein whether or not an application for a video gaming license has or will be submitted. The plans shall show on the face thereof a written computation of proposed occupancy limits, parking requirements and areas which will be reasonably necessary for loading and unloading. The requirement to submit floor and site plans shall not be applicable to liquor license applications that do not state the applicant's intention to apply for a video gaming license that allow for the sale of alcoholic beverages and/or liquor on the premises (except that a floor plan shall be required for a class F license) and shall not be required for liquor license renewals. The layout of a licensed premises, as depicted on the floor plan submitted with the initial liquor license application that states an intention to apply for video gaming filed with the village after the effective date hereof, may not be substantially changed without submission of a new set of plans and approval by the local liquor control commissioner. The requirements of this subsection shall not apply to any applicant seeking a class C, C extended, G, H, J, K, L, or M license. (Ord. 2013-80, 10-15-2013)
O. A statement authorizing a police background investigation to verify the information included in the application and releasing the village, its officers, agents and employees from any and all liability which may arise as a consequence thereof. Each individual owner, partner, joint venturer, manager of an LLC, member of an LLC owning more than a five percent (5%) interest therein, officer, director, proposed manager of the premises, proposed liquor manager of the premises, and shareholder owning in the aggregate more than five percent (5%) of the stock in the corporation applying or reapplying for a liquor license, shall execute such a statement and submit himself or herself to the police department for fingerprinting. This provision shall not apply to special event retailers applying for a class D license unless requested in writing by the local liquor commissioner. For corporations whose stock is publicly traded and listed on a recognized stock exchange, this provision shall not apply to the following: shareholders owning less than twenty five percent (25%) of the stock of such corporation, and directors and officers who do not have any management responsibilities of such corporation.
P. In addition to the license fees set forth in section 3-1-1 of this title, an application fee of two hundred fifty dollars ($250.00) shall be paid at the time any application for initial licensing is filed, except that no application fee shall be required for a class D license. The purpose of this fee is to partially offset the costs incurred by the village for performing an investigation of the applicant and its liquor manager. Such fee shall be due and payable whenever a different person is designated as liquor manager, or there is a change in ownership as set forth in section 3-3-12 of this chapter.
Q. Except for special events retailers applying for a class D license, unless requested to do so in writing by the local liquor commissioner, upon receipt of an application and the fee, if any, required under subsection P of this section, the local liquor commissioner shall direct a police investigation of any: 1) individual applicant, 2) each partner, 3) each joint venturer, 4) each manager(s), 5) each member owning more than five percent (5%) of a limited liability company (LLC), or 6) each officer, director and shareholder owning more than five percent (5%) of the stock in a corporation, and each proposed manager of the premises, if any, and each liquor manager designated by the applicant pursuant to subsection L of this section as the case may be. Within sixty (60) days of receipt of a complete application, and assuming the criminal background research has been completed by the state police and/or the FBI and returned to the police department in a timely manner, the local liquor commissioner shall either issue the license upon payment of the applicable fee under the provisions of this chapter, or shall render a decision in writing refusing to issue such license and state the reason such license has been refused. The local liquor commissioner may require the applicant, or a specific agent(s) of the applicant, to present himself, herself or themselves for an interview with the local liquor commissioner prior to a decision on the issuance of a license. The local liquor commissioner's decision in the issuance or denial of a license shall be conclusive. For corporations whose stock is publicly traded and listed on a recognized stock exchange, this provision shall not apply to the following: shareholders owning less than twenty five percent (25%) of the stock of such corporation, and directors and officers who do not have any management responsibilities of such corporation. (Ord. 95-127, 12-19-1995)
R. No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license required by this chapter nor knowingly cause or suffer another to furnish or withhold such information on his behalf. No person shall knowingly furnish any false or misleading information in the investigation of any application for a license required by this chapter. No person shall wilfully withhold any information that is relevant to any such investigation when called upon by any village officials to furnish such information. The furnishing of false or misleading information or withholding any relevant information on any application for any license required by this chapter shall be grounds for denial of any such application, or if discovered after the granting of the license, shall be grounds for a fine and/or the suspension or revocation of the license.
S. A licensee shall conduct the business at a licensed premises in a manner consistent with the statements and representations made on the licensee's application before the local liquor control commissioner. (Ord. 2013-80, 10-15-2013)