ORDINANCE NUMBER 13-2024
AN ORDINANCE OF THE VILLAGE OF BENSENVILLE, DUPAGE AND COOK COUNTIES, ILLINOIS AMENDING CHAPTER 3 OF TITLE 3 OF THE BENSENVILLE VILLAGE CODE TO REGULATE THE TRANSFER OF LIQUOR LICENSES AND CHANGES TO LICENSEE INFORMATION
WHEREAS, the Village of Bensenville, DuPage and Cook Counties, Illinois (the “Village”) is a duly organized and existing municipal corporation created under the provisions of the laws of the State of Illinois and under the provisions of the Illinois Municipal Code, as from time to time supplemented and amended; and
WHEREAS, the President and Board of Trustees of the Village of Bensenville (the “Corporate Authorities”) are charged with the responsibility of regulating the sale and distribution of alcoholic liquor within the Village; and
WHEREAS, Article IV of the Liquor Control Act of 1934, 235 ILCS 5/4-1, authorizes the Corporate Authorities to determine the number, kind and classification of licenses for the retail sale of alcoholic liquor and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and
WHEREAS, the Village’s Local Liquor Commissioner has the authority to issue, suspend, and revoke licenses, which authorize the sale and distribution of alcoholic liquor by individuals and entities within the Village; and
WHEREAS,
the Local Liquor Commissioner is charged with adopting procedures, rules, and regulations for the licensing and operating of retail liquor establishments to insure compliance with the laws relating to the sale of alcoholic liquor; protect the health, safety, and welfare of the residents of the Village; and foster and promote temperance in the consumption of alcoholic liquors; and
WHEREAS, the Corporate Authorities may from time to time amend the text of the Bensenville Village Code when it is determined to be in the best interests of the residents of the Village; and
WHEREAS, the Corporate Authorities find that it is in the best interests of the residents of the Village to provide for the regulations herein specified to promote the health, safety, and welfare of the residents of the Village and the general public.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Bensenville, DuPage and Cook Counties, Illinois, as follows:
Section 1
. That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof, as if fully set forth in their entirety.
Section 2. The Corporate Authorities find and determine that it is necessary and desirable to amend the Bensenville Village Code for the purposes set forth herein and that the adoption of this Ordinance is in the best interests of the Village.
3-3-8: CHANGE OF OWNERS OR MANAGERS LICENSEE INFORMATION OR USE OF LICENSED PREMISES:
A. Following the issuance of any liquor license, every Every licensee shall notify the Village President Local Liquor Commissioner in writing of every change of ownership or management in the licensee's residence, management, partnership, officers, members, directors, persons holding directly or beneficially an aggregate of more than five (5) percent of the stock or ownership interest in the licensee, or managers of the licensed premises, or the licensee’s legal name or the licensee’s assumed name provided that no change in the use of the premises or concept of the business described in the liquor license application or liquor license is proposed. which occurs from the time of the licensee's last application under this chapter. The Notice notice required under this section shall be given within forty eight (48) hours of to the Local Liquor Commissioner no less than thirty (30) days prior to any such change. Any person becoming a partner, officer, member, director, manager, or person holding such ownership interest (as the case may be) shall meet all of the applicable standards and requirements of this chapter for issuance of a liquor license. The Village President Local Liquor Commissioner shall may require the new owner or manager any such person to submit to a routine police examination or furnish such other information as may, in the discretion of the Village President Local Liquor Commissioner, be deemed necessary. Failure to comply with any requirement of this subsection shall render the liquor license forfeited.
B. Any liquor license issued shall automatically terminate upon a change in the use of the premises or the concept of the business described in the liquor license application or liquor license. If any licensee intends to change the use of the premises or the concept of the business in operation and as described in the liquor license application or liquor license, the licensee shall complete and submit a new application for a liquor license to the Local Liquor Commissioner in accordance with the requirements set forth in this chapter. Said application shall be made to the Local Liquor Commissioner no less than thirty (30) days prior to any such proposed change in use or concept taking effect.
Section 4. Section 3-3-10 (“Transfer or Renewal of License”) of Chapter 3 (“Liquor Regulations”) of Title 3 (“Business Regulations”) of the Bensenville Village Code is hereby amended by deleting the following stricken language and adding the underlined language to read, as follows:
3-3-10: TRANSFER OR RENEWAL OF LICENSE:
A. A liquor license shall be purely a personal privilege, good for a period not to exceed one year after issuance unless sooner revoked according to law, 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 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 not longer than six (6) months after the death, bankruptcy or insolvency of such licensee.
B. Any licensee may renew his its liquor license at the expiration thereof, provided he it is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the President and Board of Trustees of the Village Corporate Authorities from decreasing the number of licenses to be issued within the Village jurisdiction of said President and Board of Trustees
.
C. No license may be transferred or moved to a new location without approval of the Corporate Authorities. Any liquor license issued shall lapse and be declared forfeited and revoked automatically by order of the Village President Local Liquor Commissioner: (1) if a change in the use of the premises or the concept of the business described in the liquor license application or liquor license occurs without prior written approval from the Local Liquor Commissioner; or (2) if the licensee voluntarily terminates, closes the premises or ceases doing business for more than thirty (30) successive days without prior written permission approval from the Local Liquor Commissioner Village President beforehand
.
Section 5
. This Ordinance, and its parts, are declared to be severable and any section, paragraph, clause, provision, or portion of this Ordinance that is declared invalid shall not affect the validity of any other provision of this Ordinance, which shall remain in full force and effect.
Section 6
. If any part of this Ordinance is found to be in conflict with any other ordinance, resolution, motion, or order or parts thereof, the most restrictive or highest standard shall prevail.
Section 7
. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law.
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PASSED AND APPROVED by the President and Board of Trustees of the Village of Bensenville, DuPage and Cook Counties, Illinois, this 23rd day of April 2024, pursuant to a roll call vote, as follows:
APPROVED:
Frank DeSimone, Village President
ATTEST:
Nancy Quinn, Village Clerk
AYES: Carmona, Frey, Lomax, Panicola
NAYES: None
ABSENT: Franz, Perez