No such license shall be issued to or renewed for:
A. A sole proprietor who does not reside within the City of Batavia at the filing of the application for license, unless the sole proprietor has designated a local registered agent in writing;
B. A partnership, joint venture or other business entity, other than a corporation or LLC that has a lawful registered agent, of which one (1) of the partners, joint venturers or owners of the entity does not reside in the City of Batavia, unless the partnership, joint venture or other business entity has designated a local registered agent in writing;
C. A person who is not of good character and reputation in the community in which he resides or in the City of Batavia;
D. A person who is neither a citizen of the United States nor a current United States resident alien;
E. A person who has been convicted of a felony under any Federal or State law, unless the Local Liquor Control Commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the investigation. The burden of proof of sufficient rehabilitation shall be on the applicant;
F. A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution;
G. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
H. A person whose license under this chapter or the Liquor Control Act has been revoked for cause;
I. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
J. A partnership, if any general partner thereof, or any limited partner(s) thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence in the City;
K. A corporation or limited liability company, if any member, officer, manager or director thereof, or any stockholder or stockholders owning more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the City;
L. A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois. The Local Liquor Control Commissioner shall permit and accept from an applicant for a license under this Act proof prepared from the Secretary of State's website that the corporation or limited liability company is in good standing and is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois;
M. A person whose place of business is supervised by a manager or agent unless said manager or agent possesses the same qualifications required by the licensee;
N. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges for any such violation;
O. A person who does not legally or 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;
P. Any law enforcing public official, including Members of local Liquor Control Commissions, any Mayor, Alderman, or Member of the City Council or Commission; and no such official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of the City if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any Alderman, Member of a City Council in relation to premises that are located within the City if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
2. The issuance of the license is approved by the City Council;
3. The issuance of the license is in accordance with all applicable City ordinances; and
4. The official granted a license does not vote on alcoholic liquor issues pending before the City Council.
Notwithstanding any provision of this Section to the contrary, an Alderman or member of a City Council or Commission may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law enforcing public official. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the Mayor may have an interest in the manufacture, sale, or distribution of alcoholic liquor only if the City Council has made an alternative Local Liquor Control Commissioner appointment that complies with the requirements of Section 4-2 of the Act.
Q. Any person, firm or corporation not eligible for a state retail liquor dealer's license;
R. Any applicant who fails to obtain a state liquor license;
S. A person who is not a legal or beneficial owner or authorized agent of the business to be operated by the licensee;
T. A person who has been convicted of a gambling offense as proscribed by any of subsections (a)(3) through (a)(11) of 720 Illinois Compiled Statutes 5/28-1, or section 28-1.1 or 28-3 of 720 Illinois Compiled Statutes 5/28, or as proscribed by a statute replacing any of the aforesaid statutory provisions;
U. A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Illinois raffles act or the Illinois pull tabs and jar games act;
V. A person who does not have liquor liability (dramshop) insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in the liquor control act;
W. A criminal conviction of a corporation or limited liability company is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation or limited liability company and the corporation or limited liability company has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The local liquor control commissioner shall determine if all provisions of this subsection have been met before any action on the corporation's or limited liability company's license is initiated;
X. In addition to other grounds specified in this chapter, the local liquor control commissioner shall refuse the issuance or renewal of a local liquor license, or suspend or revoke such license, for any of the following violations of any tax act administered by the Illinois department of revenue:
1. Failure to make and file a tax return,
2. The filing of a fraudulent return,
3. Failure to pay all or any part of any tax or penalty finally determined to be due,
4. Failure to keep books and records,
5. Failure to secure and display a certificate or subcertificate of registration, if required,
6. Wilful violation of any rule or regulation of the department relating to the administration and enforcement of a tax liability. (Ord. 13-16, 4-1-2013; amd. Ord. 17-47, 6-19-2017; Ord. 20-21, 3-2-2020)