A. The commissioner shall prepare, or cause to be prepared, an application form, in accordance with this chapter, and shall require such other additional information, records or background investigations as the commissioner or chief of police shall from time to time determine to be advisable and/or necessary to confirm the information provided in the application.
B. Any person desiring a license authorized by this chapter shall make application to the commissioner. A separate application shall be made for each license by the applicant. Such application shall be typed or legibly handwritten on forms prepared and furnished by the commissioner. Each application shall be signed and verified by oath or affidavit by each person so required, and shall be filed with the office of the village administrator. The following persons shall be listed on the application:
1. If the applicant is an individual or individuals, each individual shall sign and verify the application.
2. If the applicant is a general partnership, all partners shall sign and verify the application.
3. If the applicant is a limited partnership, all general partners and any limited partner owning more than a five percent (5%) interest in such limited partnership and any person entitled to share in more than five percent (5%) of the profits of the partnership who shall sign and verify the application and specify the percentage of interest owned or profit to which he is entitled.
4. If the applicant is a corporation or a limited liability corporation (LLC), all officers, directors and managing members and any stockholders owning more than fifty percent (50%) of the corporate stock of a publicly traded corporation and more than five percent (5%) of the corporate stock of a nonpublicly traded corporation shall be listed, and their official position and percentage of stock owned shall be specified. The application shall be signed and verified by the president, secretary, managing member and site manager.
5. If the applicant is a club, all local officers and directors shall be listed, and their official position shall be specified. The application shall be signed and verified by the president, secretary and site manager.
6. Any person who acts as the manager or agent of the licensee shall submit information and documentation as required of him by the commissioner.
C. Applications shall contain the following information and statements:
1. The name, address, date of birth and social security number of all persons required to be listed on the application.
2. A statement whether each person required to be listed on the application is a resident of the state of Illinois. In the case of corporations, officers, directors, or stockholders and in the case of partnerships, partners do not have to be residents of Illinois if the licensee employs a resident manager to operate the licensed premises.
3. A statement of the citizenship of all persons required to be listed on the application, and if any person is a naturalized citizen of the United States, the date and place of naturalization and a copy of said naturalization documents. If any person is not a citizen of the United States, a statement that the person has the legal authority to reside in the United States and a copy of all documents granting said authority.
4. The name and address of the applicant's prospective business, and if applicable, the date of the filing of the "assumed name" of the business with the county clerk.
5. If the applicant is an Illinois corporation, a copy of the articles of incorporation and a certificate of good standing.
6. If the applicant is a foreign corporation, a certificate from the secretary of state of Illinois to conduct business in Illinois as a foreign corporation.
7. If the applicant is an Illinois limited partnership, a copy of the filed certificate of limited partnership and a certificate of good standing from the Illinois secretary of state.
8. If the applicant is a foreign limited partnership, a copy of the filed certificate of limited partnership in the state of filing, and a copy of the filed application for admission to transact business as a foreign limited partnership in Illinois.
9. If the applicant is an individual, a statement as to the nature of the business of the applicant.
10. If the applicant is a club, a copy of its charter, the date it was formed, and state of its headquarters, and a statement as to the nature of its business and activities within the state of Illinois. (Ord. 13-22, 6-4-2013)
11. A statement whether the proposed location is within one hundred feet (100') of any church, school, hospital, home for the aged or indigent persons or for veterans, their spouses or children. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
12. A statement whether food for human consumption is to be sold at the event conducted or in the licensed premises if the license is granted. A statement whether the business will be in combination with a restaurant, and whether fifty percent (50%) of the gross receipts of the licensed business will be or has been from the sale of such food, and documentation substantiating this statement if requested by the local liquor control commissioner.
13. A statement as to the ownership of the licensed premises. If the applicant is not the owner of the licensed premises, the name, address, and phone number of the owner, and the duration of the lease. Documentation showing proof of ownership (deed, tax bill or like document) or a copy of the lease.
14. A statement whether any person required to be listed on the application previously applied for, holds, or held a liquor license of any type issued by any state or subdivision thereof, or by the federal government, that was rejected, suspended or revoked, and all pertinent information detailing the reason for and circumstances of any such rejection, suspension or revocation.
15. A statement whether or not any person required to be listed on the application or any agent, bartender, limited partner or stockholder has ever been convicted of being the keeper or an inmate of a house of prostitution, or pandering, or of any other crime or misdemeanor, with the exception of traffic offenses not connected with the misuse of alcoholic beverages.
16. A statement whether any person required to be listed on the application is not at the time of making the application connected directly or indirectly with a house of ill fame and verification that no such connection will occur during the existence of the license.
17. A statement whether any person required to be listed on the application has ever been convicted of a felony, or is disqualified to receive the license sought by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of the village. If any such person has been convicted of a felony, a statement indicating the state and county in which the conviction occurred and explaining the nature of the charges which led to the conviction and other relevant information pertaining to the conviction.
18. A statement that should the licensed premises become or constitute a nuisance, the license, permit or certificate may be suspended or revoked or the licensee may be fined by the commissioner.
19. A statement that any person required to be listed on the application will testify under oath and subscribe to the truth in response to all relevant and material questions propounded to him, in any hearing conducted by the commissioner, either before or after the issuance of a license.
20. A statement that any person required to be listed on the application will provide, on receipt of a lawfully authorized subpoena by the commissioner, any book or record of his licensed business in connection with any investigation conducted by the commissioner.
21. A statement that any person required to be listed on the application, and any manager, bartender, agent or employee, if requested by the commissioner, will permit a record of his or her fingerprints to be made by the village police department.
22. In the case of the purchase of an existing business, a statement listing the value of the physical assets if purchased and proof of purchase and a statement setting forth the amount paid for the business as a going concern having value.
23. In the case of a new business, a statement listing all persons and corporations financing the purchase or construction of the business to be licensed and, if requested, a statement detailing the financial background of the applicant and business to be licensed.
24. A statement that all persons required to be listed on the application have paid all taxes, fees or other debts owed to the village.
25. A statement that no person required to be listed on the application, and no person interested in any way, directly or indirectly, in relation to the license applied for, the premises or the profits or proceeds from the sale of alcoholic liquor, nor any member of his or her household is an elected official or a full time employee of the village.
26. A statement authorizing the commissioner to cause to fingerprint all persons required to be listed on the application and all managers and key employees pursuant to subsection G of this section.
27. A statement that all persons required to be listed on the application will not violate any of the laws of the state of Illinois, or of the United States, or any ordinance of the village in relation to the license or the licensed premises.
28. Proof that all managers of the licensed premises and each employee who will be engaged in the selling, mixing, preparing, serving, or delivering alcoholic liquor for consumption on or off the licensed premises has successfully completed an alcohol sales and service training program.
29. A copy of the licensee's village business license and state liquor license (when available) and the licensee's federal employer identification number.
30. All information required must be supplied at the time of application and clearly typed or legibly handwritten. It is the applicant's responsibility to supply on the application the name and address of each manager or bartender to be employed and to ensure that a background investigation is completed on each, including the submission of fingerprints.
D. The requirement of supplying all of the information in subsection C of this section is a continuing one. If any supplied information or statements become invalid or if a new manager or bartender is employed, it is the duty of the licensee to provide updated information in writing to the commissioner and the chief of police. This includes changes in the makeup or control of partnerships or corporations as follows:
1. If the licensee is a partnership, the commissioner must be informed within seven (7) days of the dissolution of the partnership, and within thirty (30) days of the sale or acquisition of a five percent (5%) interest in the partnership by any person, or upon any partner acquiring a fifty percent (50%) or greater interest in the partnership if such partner was not shown to own a fifty percent (50%) or greater interest on prior applications or renewals, or of the resignation or replacement of any managing partner or site manager.
2. If the licensee is a corporation, the commissioner must be informed within seven (7) days of the dissolution of the corporation, and within thirty (30) days of the resignation or replacement of any officer, managing member or site manager, or of the sale or acquisition or transfer of five percent (5%) of the corporate stock by or from any one stockholder, or if any stockholder acquires fifty percent (50%) or more of the stock if such stockholder was not shown to own fifty percent (50%) or more of the stock on prior applications or subsequent renewals.
3. In the case of clubs, the commissioner must be informed within thirty (30) days upon the election or appointment of a new officer or director, and annually if the membership roster changes.
4. The commissioner must be informed within seven (7) days of the death, insolvency, bankruptcy or conviction of a felony of any licensee or person required to be listed on the license application.
E. No license shall be issued, renewed, or allowed to continue, unless the applicant files, seven (7) days before the issuance of a license, a certificate from an insurance company, licensed to do business in the state of Illinois with an A.M. Best's rating of "B" or better, that said company shall issue to the applicant its certificate of insurance of a liquor liability policy with a minimum combined single limit coverage of five hundred thousand dollars ($500,000.00). Such certificate shall name and include within its coverage as additional insured the village and its officers, employees and agents, shall have an effective term not less than the term of the license and that the village liquor control commissioner shall receive thirty (30) days' prior written notice of any proposed cancellation of such liquor liability policy; except, applicants for a class H, K or L license may have the required insurance for a term less than the license year but shall provide proof of renewal not less than seven (7) days before the expiration of said prior certificate of insurance. If at any time during the period of the license said insurance is not maintained or a current certificate of insurance is not on file with the commissioner, said license shall be suspended or revoked.
F. It is unlawful for a licensee to attempt to pay a license fee, transfer fee, late fee, settlement, or fine pursuant to this chapter with a negotiable instrument that is dishonored on presentation, and said negotiable instrument shall not be considered payment and shall be cause for disciplinary action.
G. Prior to the initial approval and issuance of a license, or whenever a transfer of any interest in the license pursuant to this section or this chapter, or at the request of the commissioner, all persons required to be listed on the application and at the request of the commissioner, and all managers and bartenders shall submit their fingerprints to the village police department in the form and manner prescribed by chief of police. These fingerprints shall be checked against law enforcement records and criminal history records databases. The licensee or applicant shall pay a fee for conducting the criminal history records check, as determined by the chief of police.
H. An application for renewal of any previously issued license shall be filed prior to December 1 each year. The application shall be accompanied by payment of all the requisite fees, shall be verified, and shall include the same information and documentation as shown above, which shall be current and accurate as of the date of filing said renewal application as well as the following documentation and information:
1. A copy of the applicant's current state liquor license number;
2. The date the applicant first obtained a license for the sale of liquor at his place of business;
3. The applicant's retailer's occupation tax (ROT) registration number;
4. Whether the applicant is delinquent in the payment of the retailer's occupation tax (sales tax), and if so, the reasons therefor;
5. Proof of completion of alcohol sales and service training program required by this chapter for each manager and employee who is or will be engaged in the selling, mixing, preparing, serving, or delivering of alcoholic liquor to customers, guests, or patrons for consumption on or off the licensed premises. (Ord. 13-22, 6-4-2013)
Any application for renewal of a liquor license submitted after December 1 must be accompanied by a late filing fee as established in the annual fee schedule. The failure to renew a license or to pay all requisite fees before the expiration of the license shall render the license nonrenewable unless all required information, documentation, and fees, including a late fee in the amount as established in the annual fee schedule, are filed with the village administrator within ten (10) working days of the expiration of the license. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
I. Applications for classes H, K and L licenses need not follow the formal process set forth in this section, but shall be made by a written correspondence to the local liquor control commissioner at least thirty (30) days before the event, and shall identify the date and time of the event, the type of license requested, and the location of the event, and shall include proof of insurance, proof that all persons selling or serving alcoholic liquor have completed an alcohol sales and service training program pursuant to this chapter, and such other information required from time to time by the local liquor control commissioner. (Ord. 13-22, 6-4-2013)