A. Generally:
1. In addition to other grounds specified in this chapter, the commissioner shall refuse the issuance or renewal of a license or suspend or revoke the license of any licensee or applicant for any of the following conditions with respect to an owner, licensee, applicant, manager or bartender:
a. A person under the age of twenty one (21) years. (Ord. 13-22, 6-4-2013)
b. A person who is not a resident of the village except as allowed by this chapter. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
c. A person who is not of good character and reputation in the village and the community in which he resides.
d. A person who has not submitted a complete, accurate and truthful application and all required documentation for a license as provided in this chapter.
e. A person who has been convicted of a felony under any federal or state law, unless the 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 commissioner's investigation with the burden of proof of sufficient rehabilitation to be on the applicant. (Ord. 13-22, 6-4-2013)
f. A person who has been convicted of being the keeper of or is keeping a house of prostitution or juvenile prostitution. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
g. A person who has been convicted of pandering, or any other crime(s) or misdemeanor(s) opposed to decency and morality or of a sexual nature, or is determined to be a "sex offender" as defined by statute and/or is required to register as such. (Ord. 13-22, 6-4-2013)
h. A person who has been convicted of a gambling offense as proscribed by any village ordinance, subsections (a)(3) through (a)(11) of section 28-1, or section 28-1.1 or section 28-3 of the criminal code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
i. A person who is licensed by the state of Illinois as distributor.
j. A partnership or copartnership, if any person owning more than five percent (5%) thereof would not be eligible to receive a license hereunder for any reason other than the citizenship or residency requirements of this chapter, so long as the partnership employs a resident manager to operate the licensed premises. (Ord. 13-22, 6-4-2013)
k. A corporation or limited liability company, if any officer or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock in such corporation would not be eligible to receive a license for any reason hereunder other than the citizenship or residency requirements of this chapter so long as the corporation employs a resident manager to operate the licensed premises.
l. A corporation or limited liability company, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "business corporation act of 1983" to transact business in Illinois. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
m. A club, if any of its officers or directors would not be eligible to receive a license for any reason hereunder other than the residency requirements of this chapter.
n. A person that is not an individual(s), partnership, corporation or "club" as defined in this chapter, except for persons applying for a class G license.
o. A person whose place of business is conducted by a manager who is not qualified to hold a license under this chapter.
p. A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon, or written permission from the owner of the licensed premises for the period for which the license is to be issued. (Ord. 13-22, 6-4-2013)
q. A person who is not a beneficial owner of the business to be operated by the licensee or premises, or have a lease for the term of the license. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
r. Any person not eligible to receive a license under the Illinois liquor control act or subsequent relevant liquor regulations as may be amended from time to time.
s. Any person who is an elected official or full time employee of the village and no such official or employee shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor within the village; except, that a license may be granted to the village president or any member of the village board of trustees in relation to a premises located within the village if the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, the issuance of the license is approved by the state commission, the issuance of the license is in accordance with all applicable local ordinances in effect where the premises is located, and the official granted a license abstains on all votes on alcoholic liquor issues pending before the village board.
t. A person who does not have liquor liability insurance coverage for the licensed premises in an amount that is at least equal to the maximum liability amounts required by the act or this chapter, whichever is greater.
u. A person who sells or intends to sell alcoholic liquor at any premises or place of business where the majority of customers are minors or where the principal business transacted consists of schoolbooks, school supplies, food, lunches, or drinks for such minors.
v. A person who sells or intends to sell alcoholic liquor within one hundred feet (100') of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military or naval station, but this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Nothing in this subsection shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, or where a church locates within one hundred feet (100') of a preexisting licensed premises.
w. 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.
x. A person who fails to so testify or provide such books or records for inspection as required by the local liquor control commissioner.
y. Where the licensed premises constitutes a nuisance as defined by this chapter or elsewhere in this code or by any state or federal law.
z. Where the licensee or his employees or agents have failed to submit their fingerprints in violation of this chapter.
aa. In cases of a renewal application, a licensee who is delinquent in paying any amount owed to the village, until the finance director confirms that all delinquencies and obligations have been satisfied and, if requested, the applicant provides documentation that all taxes, fees, obligations or debts owed to the village by the licensee have been satisfied.
bb. In cases of a renewal application, if the department of revenue has reported to the Illinois liquor control commissioner that such licensee is delinquent in filing any required tax returns or paying any amounts owed to the state of Illinois until the licensee is issued a certificate by the department of revenue stating all delinquent returns or amounts owed have been paid by guaranteed remittance or the payment agreement to pay all amounts owed has been accepted by the department.
cc. A person whose license under this chapter or the act has been revoked for cause within the past twelve (12) months.
dd. A person whose license under this chapter or the act has been revoked unless the commissioner determines it is unlikely the person will violate any provision of this chapter.
2. A criminal conviction of a corporation 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 and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The commissioner shall determine if all provisions of this subsection have been met before any action on the corporation's license is initiated.
B. Violation Of State Tax Acts:
1. In addition to other grounds specified in this chapter, the commissioner, on complaint of the department of revenue of the state of Illinois, shall refuse the issuance or renewal of a license, or suspend or revoke the license, of any person, for any of the following violations of any tax act administered by the department:
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 of registration, if required.
f. Wilful violation of any rule or regulation of the department relating to the administration and enforcement of tax liability.
2. Upon receiving notice from the department that a violation of any of the items in subsection A1 of this section have been corrected or otherwise resolved to the department's satisfaction, the commissioner may vacate an order of revocation. (Ord. 13-22, 6-4-2013)