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Blue Island, IL Code of Ordinances
BLUE ISLAND, ILLINOIS CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
PARALLEL REFERENCES
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§ 111.41 NUISANCE ACTIVITY.
   Nuisance declared. Any premises, licensed or unlicensed, used to conduct the sale of alcoholic liquors in violation of the Liquor Control Act of 1934 (235 ILCS 5/1-1. et seq.) or this chapter is declared a public nuisance per se, as defined in Chapter 95 of the City Code. Nuisance properties or nuisance activities are prohibited and cannot be engaged in by the licensee, licensee’s ownership, staff or agents, or patrons of the licensee. Any acts of violence, including but not limited to shootings and gunfire, outside the licensed premise by the premise’s patrons will be considered a nuisance activity per se. In addition, any acts disturbing the peace of the residents in the area surrounding the licensed premises, by the premises patrons, ownership, staff or agents, including but not limited to consistent littering, loitering, or noise disturbances will be considered a nuisance per se.
(Ord. 2023-006, passed 1-24-2023)
LICENSES
§ 111.50 LICENSE REQUIRED.
   (A)   It shall be unlawful for any person to engage in the sale at retail of any alcoholic beverage of any kind without first obtaining a license therefor from the Local Liquor Control Commissioner.
   (B)   It shall be unlawful for any person to engage in business to, or conduct a business where patrons are allowed to bottle, blend, deliver, furnish, give, divide, distribute, barter, use, consume, possess or store alcoholic liquors in any commercial establishment without first obtaining a license therefore from the Local Liquor Control Commissioner.
   (C)   It shall be unlawful for any person to bottle, blend, deliver, furnish, give, divide, distribute, barter, use, consume, possess or store alcoholic liquors on any premises which has not been licensed by the Local Liquor Control Commissioner.
   (D)   It shall be unlawful for any person to furnish containers, water or other beverages for the mixture thereof for alcoholic liquors in any commercial establishment which has not been licensed by the Local Liquor Control Commissioner.
   (E)   It shall be unlawful for any person, business, licensee, agent, servant or employee to allow or permit any persons to commit any of the acts prohibited in divisions (A), (B), (C) and (D) above.
   (F)   It shall be unlawful for any person engaged in the business of leasing any premises to allow the use, sale, giving away or consumption on the premises of alcoholic liquor, without first securing a license or without the lessee first securing a license from the Local Liquor Control Commissioner.
(Prior Code, § 111.50) (Ord. 99-287, passed 12-14-1999) Penalty, see § 111.99
§ 111.51 LICENSE LIMITATIONS.
   Any license issued hereunder shall be purely a personal privilege to expire no later than December 31 next after the issuance unless sooner revoked as provided in this chapter, and such license shall not constitute property nor shall it be subject to attachment garnishment or execution, nor shall it be alienable.
(Prior Code, § 111.51) (Ord. 99-287, passed 12-14-1999)
§ 111.52 IMPOSITION OF CONDITIONS, RESTRICTIONS ON LICENSE.
   The Local Liquor Control Commissioner may, as a condition to the issuance of any liquor license, impose such conditions and restrictions upon each license as he or she may deem necessary to ensure that operation of the liquor establishment shall not be harmful to the safety, morals and welfare of the community.
(Prior Code, § 111.52) (Ord. 99-287, passed 12-14-1999)
§ 111.53 CHANGES IN PERSONNEL.
   Any changes in partnership, officers, directors, persons holding directly, beneficially or through any form of indirect or concealed ownership or control, more than 5% of the stock or ownership interest, or managers of establishments licensed under this chapter, shall be reported in writing to the Local Liquor Control Commissioner within ten days of the change. All new personnel shall meet all the standards of this chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the Local Liquor Control Commissioner.
(Prior Code, § 111.53) (Ord. 99-287, passed 12-14-1999)
§ 111.54 APPLICATION GENERALLY.
   (A)   Every person desiring to engage in the business of selling at retail shall make application in writing on forms furnished by the city for a license, stating his or her name, age, residence, length of time in business, whether he or she then holds or has therefore held a license to conduct such business in any other village or city in the state, whether he or she has ever been refused such license by any municipality within the state and whether any license theretofore granted to him or her for the conduct of such business has ever been revoked. Such written application shall be verified. Such application shall be filed with the Local Liquor Control Commission; and such application shall, at the time of the filing of the same, pay to the City Clerk’s office in cash the required application fee.
   (B)   (1)   All applications for license under this chapter shall be delivered to the Local Liquor Control Commissioner.
      (2)   It shall be the duty of the Local Liquor Control Commissioner to investigate and consider the application.
      (3)   For this purpose, the Local Liquor Control Commissioner may enlist the aid of the Chief of Police and any other city officials or officers that he or she deems necessary to complete the investigation. The investigation shall include a background and credit check.
      (4)   Upon completion of the investigation, the Local Liquor Control Commissioner shall approve or disapprove the issuance of a license based on the application; provided, in case of approval, that there exists an available license as set forth in this chapter.
   (C)   Before any action is taken upon any application as provided in this chapter, the applicant shall pay to the city the sum of $75, no part of which shall be refundable, to cover the city’s cost in reviewing and investigation such applicant.
   (D)   As part of the application process, the applicant may be required to execute a sufficient number of personal inquiry waiver forms so as to allow the Liquor Commissioner to obtain information about the applicant, and information about businesses located outside the city in which the applicant has an interest, from other jurisdictions and law enforcement agencies.
   (E)   (1)   Except for applications for new licenses during the course of the annual year, no application will be accepted or approved unless the application is fully completed, the questions answered, properly signed and verified.
      (2)   Failure to complete the application and to file the same within the time limit prescribed herein shall be deemed grounds for refusal of the Local Liquor Control Commissioner to review such license.
   (F)   The application shall contain such queries as shall intelligently inform the Local Liquor Control Commissioner as to whether or not the applicant is eligible for a license and complies with the applicable requirements of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.) for retail liquor license.
   (G)   (1)   Applicants may be required to submit information as to sources of funds for the purchase or operation of their businesses.
      (2)   The Commissioner may require such other information in writing or an oral examination.
   (H)   Misstatements in the application shall be deemed grounds for refusal to issue or renew the license and, if a license is issued, grounds for revocation.
(Prior Code, § 111.54) (Ord. 99-287, passed 12-14-1999)
Statutory reference:
   Licensee qualification, see 235 ILCS 5/4-1, 235 ILCS 5/6-12 and 235 ILCS 5/6-25
§ 111.55 FINGERPRINTING OF LICENSED APPLICANTS.
   (A)   The applicant for a license under this chapter shall be fingerprinted and a complete set of fingerprints maintained on file with the Police Department.
   (B)   In case of corporations, the manager or person in charge shall also be fingerprinted.
(Prior Code, § 111.55) (Ord. 99-287, passed 12-14-1999)
§ 111.56 PERSONS INELIGIBLE TO BE LICENSED.
   No license required by this chapter shall be issued to:
   (A)   A person who is not a resident of the city;
   (B)   A person who is not of good character and reputation in the community in which he or she resides;
   (C)   A person who is not a citizen of the United States;
   (D)   A person who has been convicted of a felony under any federal or state law, if the Commissioner determined after the investigation that such person has not been sufficiently rehabilitated to warrant the public trust;
   (E)   A person who has been convicted of being the keeper or is keeping a house of ill fame;
   (F)   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
   (G)   A person whose license issued under this chapter has been revoked for cause;
   (H)   A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon first application;
   (I)   A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license;
   (J)   A corporation, if any officer, manager or director thereof, or any stockholders owning in aggregate more than 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 political subdivision;
   (K)   A corporation unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the State Business Corporation Act of 1983, 805 ILCS 5, to transact business in the state;
   (L)   A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
   (M)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this section, or has forfeited his or her bond to appear in court to answer charges for any such violation;
   (N)   A person who does not 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;
   (O)   Any law enforcing public official, including members of the Local Liquor Control Commission, the Mayor of the city, any member of a City Council; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;
   (P)   A person who is not beneficial owner of the business to be operated by the licensee;
   (Q)   A person who has been convicted of a gambling offense;
   (R)   A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period;
   (S)   A co-partnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;
   (T)   A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation, has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period; and
   (U)   Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(Prior Code, § 111.56) (Ord. 99-287, passed 12-14-1999)
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