(A) Examination of applicant. The Mayor shall have the right to examine or cause to be examined, under oath, any applicant for a local license or for renewal thereof or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof for his or her information in the performance of his or her duties; and for such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the Mayor under this division (A), he or she may authorize his or her agent to act on his or her behalf.
(Prior Code, § 21-2-3)
(B) Prohibited licensees. Except as otherwise provided in division (B)(21) below, no license of any kind shall be issued by the Mayor to the following:
(1) A person who is not a resident of this municipality;
(2) A person who is not of good character and reputation in the community in which he or she resides;
(3) A person who is not 21 years of age;
(4) A person who has been convicted of a felony under any federal or state law, unless the Commission 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 Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant;
(5) A person who has been convicted of being the keeper of or is keeping a house of ill-fame;
(6) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;
(7) A person whose license issued under this chapter has been revoked for cause;
(8) A person who, at the time of the application for renewal of any license issued hereunder, would not be eligible for such license upon first application;
(9) A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason other than residence within the political subdivision, unless residency is required by local ordinance;
(10) A corporation, if any officer, manager, or director thereof or any stockholder or stockholders owning in the 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;
(11) A corporation unless it is incorporated in the state or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in the state;
(12) 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;
(13) 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 Act or has forfeited his or her bond to appear in court to answer charges for any such violation;
(14) 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;
(15) Any law enforcing public official, including members of Local Liquor Control Commissions, any Mayor, or Alderpersons, and no such official shall be interested directly in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory, subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted, in a city with a population of 50,000 or less, to any Alderperson, member of a City Council, in relation to premises that are located within the territory subject to the jurisdiction of that official 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 are located, and the official granted a license does not vote on alcoholic liquor issues pending before the Board or Council to which the license holder is elected;
(16) A person who is not a beneficial owner of the business to be operated by the licensee;
(17) A person who has been convicted of a gambling offense as prescribed by any of subsections § 28-1 (a)(3) through (a)(11) or as proscribed by §§ 28-1.1 or 28-3 of the Criminal Code of 1961 or as prescribed by a statute replaced by any of the aforesaid statutory provisions;
(18) A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles Act or the State Pull Tabs and Jar Games Act;
(19) A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in 235 ILCS 5/6-21;
(20) A person who is delinquent in the payment of any indebtedness or obligation to the city;
(21) 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 Mayor shall determine if all provisions of this division (B)(21) have been met before any action on the corporation’s license is initiated;
(22) A co-partnership to which 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 stamps or federal wagering stamp by the federal government for the current tax period; and
(23) 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 wagering stamp for the current tax period.
(Prior Code, § 21-2-4)
Statutory reference:
Related provisions, see 235 ILCS 5/4-5, 235 ILCS 5/6-2, and 235 ILCS 5/6-21