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A. Application for a retail liquor dealer's license, as provided for in this chapter, shall be made to the town president/mayor in writing, signed by the applicant if an individual, or by a duly authorized agent thereof if a club, corporation, or limited liability company, verified by oath or affidavit, and shall contain the following statements and information:
1. The name, age and address of the applicant in the case of an individual; in the case of co-partnership, the persons entitled to a share in the profits thereof; and in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of such corporation is owned by one person or his nominee, the name and address of such person; and if a limited liability company, the names and addresses of any members holding five percent (5%) or more of such company and any managers of such company;
2. The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization;
3. The character of business of the applicant;
4. The length of time the applicant in question has been in business of that character, or in the case of a corporation, the date when its charter was issued, or in the case of a limited liability company, the date of its organization;
5. The amount of goods, wares and merchandise on hand at the time application is made;
6. The location and description of the premises or place of business which is to be operated under such license;
7. A statement whether the applicant has made application for a similar or other license on premises other than those described in his application, and the disposition of such application;
8. A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of this town;
9. Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reason therefor;
10. A statement that the applicant will not violate any of the laws of the state or of the United States or any of the provisions of this code or ordinances of the town in the conduct of his place of business;
11. That applicant has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period of not to exceed thirty (30) days, as expressly permitted under 235 Illinois Compiled Statutes 5/6-5 of the Illinois liquor control act), directly or indirectly from any manufacturer, importing distributor or distributor representative of any such manufacturer;
12. That adequate dramshop insurance is in force covering the applicant and the premises which is to be operated under such license during the entire license period. Further, in addition to the foregoing statement made under oath, all applicants shall be required to attach to said application as proof of insurance a copy of the policy for dramshop insurance coverage, which policy shall contain at a minimum the following information: insurer's name, agent's name, amount of coverage and type of coverage, and dates of coverage under the policy which must demonstrate insurance coverage during the entire license period;
13. The classification of the license for which application is made;
14. The date of incorporation, if an Illinois corporation, of organization if an Illinois limited liability company, or the date of becoming qualified under the Illinois business corporations act or the Illinois limited liability act to transact business in Illinois if not formed or organized in this state.
15. All managers of the premises to be operated under such license must file documents entitled "statement of manager", providing information necessary for the local liquor commissioner's determination. Any and all persons who become managers during the application process or during the term of the license must also file a "statement of manager". Failure to do so will be grounds for revocation or suspension of the license;
16. a. The commissioner may, within his or her discretion, require any applicant for a new town liquor license, or any applicant for a renewal of a town liquor license, to be fingerprinted. Should the applicant be a partnership, corporation, or limited liability company, the commissioner may, within his or her discretion, require the following to be fingerprinted:
(1) The officers, manager or director of the corporation, or any stockholder or stockholders owning in the aggregate of more than five percent (5%) of the capital stock of said corporation.
(2) Any general partners or any limited partners of a partnership owning more than five percent (5%) of the aggregate limited partner interest in such partnership.
(3) Any members of an LLC owning more than five percent (5%) of the aggregate interest in such LLC.
b. All such fingerprinting shall be done under the direction and control of the town police department. The fingerprints shall be submitted to the appropriate state and/or federal agencies for processing as available. The cost of fingerprinting shall be included in the initial license fee. In addition to the foregoing information, the application shall contain such other and further information as the Illinois liquor control commission and local liquor control commissioner may by rule or regulation, not inconsistent with law, prescribe. If the application is made on behalf of a partnership, firm, association, club or corporation, then the application shall be signed and sworn to by at least two (2) members of such partnership or the president and secretary of such corporation. If by a limited liability company, the application shall be signed and sworn to by a manager or member having authority to bind the limited liability company under its operating agreement. All applications shall be upon forms provided by the local liquor control commissioner.
B. A club shall file with the local liquor control commissioner at the time of its application for a license under this section, two (2) copies of a list of names and residences of its members, and similarly file within ten (10) days of the election of any additional member his name and address; and provided, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly receives, in any form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or its members or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
(Ord. 2007-15, 4-23-2007, eff. 5-4-2007; amd. Ord. 2014-05, 7-28-2014; Ord. 2019-16, 8-26-2019, eff. 9-13-2019)