Whenever the liquor license for a premises located within an area described in Section 4-60-022 or Section 4-60-023 lapses for failure to renew or is revoked for cause, no new license shall be issued for that premises, unless the premises is a sports stadium with a seating capacity greater than 3,000 persons, an Outdoor Entertainment Venue as defined in Section 4-60-010, a casino, as that term is defined in 230 ILCS 10/4, a restaurant, or a hotel, or is operated by the metropolitan pier and exhibition authority. If the premises is any of the foregoing, any new license shall be limited to sale of alcoholic liquor for consumption on the premises. Nothing in Section 4-60-022 or Section 4-60-023 prevents or prohibits the issuance of an additional license to allow continued operation of an existing business within an area specified in either section by a new licensee, if the license is of the same type and if the successor licensee is any of the following: (a) the legal spouse of the prior licensee at the time of application for the new license; or (b) a parent, natural or adopted child of the prior licensee; or (c) an heir of the prior licensee by intestate succession, or a testamentary devisee of the prior licensee, and, after the death of the prior licensee, has thereby received the prior owner's interest in the licensed business; or (d) any other person who already shares ownership in the licensed business, or is acquiring less than five percent of the shares of a corporate licensee; or (e) any other person who is acquiring the licensed business by purchase.
Issuance of a new license under subsection (a) or (b) of this section shall be subject to the following conditions: the applicant for the successor license shall bear the burden of proof of the relationship allowing the issuance of the new license. Issuance of a new license under subsection (c) of this section shall be subject to the following conditions; the applicant for the successor license shall establish his or her right to the ownership of the licensed business in proceedings before the appropriate tribunal for the validation of the subject will or the establishment of heirship; rights of inheritance or heirship shall not be determined or affected as part of the license application process.
Issuance of a new license under clause (d) of this section shall be subject to the following conditions: no person to whom less than five percent of the shares of a corporation holding a liquor license is transferred, who did not share ownership in the license prior to issuance of the new license, may purchase more than five percent of the shares of the liquor license in any 12-month period.
Issuance of a new license under subsection (e) of this section is subject to the following conditions: If 50 or more legal voters reside within a distance of 500 feet from the licensed premises the applicant shall first notify all legal voters registered within the 500-foot area by certified mail, return receipt requested, stating that application is being made for issuance of a license to a new licensee, and stating the name of the applicant and the location of the licensed premises. The applicant shall sign an affidavit verifying that all legal voters registered within the 500-foot area have been notified by certified mail. The applicant shall cause to be posted at the location of the premises, in a place clearly visible from the public way, notice in the form prescribed by the commissioner of business affairs and consumer protection, stating that application is being made for a license for operation of the business by a new licensee. Within 60 days before the filing of an application for the new license, the applicant shall obtain and file with the department of business affairs and consumer protection the written consent of at least 51 percent of the legal voters registered within the 500-foot area. Such measurement shall be made from the boundaries of the premises as described in the application for which the privilege is sought, to a radius of 500 feet away. The applicant shall simultaneously deliver a copy of the filing to the alderman of the ward in which the subject premises are located. For a period of 30 days after the application is filed, any person who signed a consent may submit a written revocation of consent with the department of business affairs and consumer protection. After expiration of the 30-day period, and after the department of business affairs and consumer protection or its designee has verified the legitimacy of all signatures supplied with the application and any revocations that may have been filed, the department shall certify whether sufficient valid signatures have been filed to proceed with the application. Issuance of the requested license will be permitted only if (i) the existing license of the subject business has not been revoked at any time from two years prior to the date of application for the new license until processing of the application of the new license is completed; and (ii) the licensed business has not been closed for a total of more than ten days during the same time period as described in clause (i) of this paragraph due to suspension of the license or voluntary closing in lieu of suspension, in any combination; and (iii) no proceedings for the revocation or suspension of the existing license are pending during the processing of the application for the new license; and (iv) the successor licensee pays to the city the sum of $1,000.00 prior to issuance of the successor license in addition to all license fees due pursuant to Chapter 4-5 of this Code. Notwithstanding any provision of this paragraph, the requirements of consent of voters and proof of consent shall not apply to an application for a new package goods license under subsection (e) of this section if the floor area of the licensee's business is at least 12,000 square feet and if retail sale of alcoholic liquor did not account for more than 25 percent of the gross revenue from all retail sales on the licensed premises during each of the past two tax years. The applicant for a new license under subsection (e) of this section shall bear the burden of proof of eligibility for the new license and compliance with all applicable procedures, including proof of gross sales and percentages of gross sales attributable to retail sale of alcoholic liquor. Any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this paragraph shall be fined not less than $500.00 per offense, or incarcerated for a period not to exceed three months, or both.
(Added Coun. J. 5-19-93, p. 32377; Amend Coun. J. 5-17-95, p. 1241; Amend Coun. J. 9-29-04, p. 32144, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-23-22, p. 47798, § 4; Amend Coun. J. 5-25-22, p. 48413, § 5)