(A) Initial license and rider applications.
(1) Applications for licenses and riders must be submitted to the deputy liquor commissioner on application forms provided by the city. The applicant shall provide all the information requested in the application form at the time of submittal. Incomplete applications shall not be accepted and processed.
(2) Application forms shall seek the following information:
(a) The name, age, address, and phone number of: the applicant (in the case of an individual or a sole proprietor); the persons entitled to share the profits of the business entity (in the case of a partnership or similar entity); the officers and directors (in the case of a corporation), or the members and managers (in the case of a limited liability company). If the applicant is a corporation or a limited liability company, the applicant shall also provide a copy of the applicant’s certificate of incorporation or certificate of organization issued by the Illinois Secretary of State.
(b) The applicant’s Illinois Department of Revenue and Internal Revenue Service sales tax and income tax filer numbers.
(c) Such other information as the liquor commissioner deems appropriate.
(3) Each application shall be signed and verified under oath by the applicant individually, if the applicant is applying for a license in his or her individual name, or by a duly authorized officer or agent, if the applicant is an entity other than a sole proprietorship. The person signing the application and verification under oath must be age 21 or older. The applicant need not be a resident of the city. Except as provided in § 96.19(D) of this chapter, all fees charged by the city for the license and rider, if any, applied for must be tendered to the city at the time the application is submitted.
(4) Every application for a license (other than a Class TEMP-C and a Class TEMP-N license) must list at least one person, who is designated as a “manager” and who is qualified and authorized to act on behalf of the applicant if granted a license.
(a) An owner can be a manager.
(b) An applicant and licensee may have more than one manager.
(c) One or more individuals designated as a manager must be available to act (either in person or by telephone) on behalf of the licensee at all times the licensee’s premises are open for business and selling, serving, offering for sale, offering to serve, and/or allowing on-premises consumption of alcohol.
(d) Managers must not, themselves, be disqualified as defined in the Liquor Act, to hold a liquor license.
(e) If a manager resides outside of Vermilion County, such person must be regularly present at the licensed premises for a minimum of 30 hours each week.
(f) If any person so designated as a manager in the application is no longer serving in such capacity, the licensee must advise the liquor commissioner or deputy liquor commissioner within five business days of the date when such person’s duties as manager cease.
(g) Managers may be added during the license year provided they are qualified to act as managers as provided in this section and the Liquor Act and the liquor commissioner or deputy liquor commissioner approves their designation as managers.
(5) At the time an applicant applies for a license or a licensee seeks a license, or during the period when a license is in good standing and in force, the applicant or licensee, as the case may be, may apply for a rider appropriate to the class of license applied for or then currently held as provided in § 96.09.
(6) Every application for any class of license and/or rider, including Class TEMP-C and Class TEMP-N license, shall be accompanied by a certificate of insurance that evidences that the applicant and the applicant’s premises have or will have dram shop (liquor liability) insurance with minimum coverages of at least $1,000,000 per occurrence and $1,000,000 in the aggregate in full force and effect throughout the time period covered by the license. In the event insurance coverage lapses, regardless of reason, during the time period covered by the license, the licensee shall promptly provide the city with a new certificate of insurance evidencing dram shop coverage in the aforesaid amounts. If the licensee is unable to obtain such replacement dram shop insurance coverage, licensee shall promptly notify the city and shall immediately cease selling, serving, alcohol, whether for on-premises or for off-premises consumption and/or allowing the consumption of alcohol on the licensee’s premises until such time as licensee procures dram shop insurance coverage at the limits prescribed in this subsection. The applicant shall include with the application a certificate of dram shop insurance coverage that specifically names the “City of Danville, Illinois” as an additional primary named insured and certificate holder in the form of a policy endorsement or rider. Certificate must include corporation name and d/b/a name exactly as shown on application. City of Danville must be listed as certificate holder.
(7) The issuance of a liquor license and/or rider, regardless of class, shall be deemed to include the representations contained in the application for the respective class of license and type of rider, if any. Any false statement or misrepresentation in an application or in all other information submitted with the application shall be deemed grounds for immediate suspension or revocation of the license and rider and imposition of a fine as provided in § 96.47.
(8) If the applicant leases the premises for which the license is sought, the applicant shall provide a copy of the lease evidencing that the lease term spans the timeframe when the license will be in effect. The applicant shall highlight the page of the lease that grants the applicant authority to sell, serve, offer to sell or serve alcohol or allow consumption of alcohol, whether for on-premises or off-premises consumption. In lieu of highlighting a copy of the lease indicating the aforesaid permission, the applicant can provide other written confirmation bearing the lessor’s original signature that the applicant will have the authority to sell, offer for sale, serve, or offer for sale and service alcohol whether for on-premises or off-premises consumption from the lease premises.
(9) No license and/or rider shall be issued unless the applicant is current in payment of outstanding fees, fines, taxes, or reimbursements, if any, due and payable to the city.
(B) License and rider renewals.
(1) If a licensee intends to renew a license and an accompanying rider, if any, the licensee shall submit a renewal application on a city form at least 15 calendar days prior to the expiration of the then current license. The licensee’s renewal application shall provide the city with any changes to the information that the licensee provided in the licensee’s initial license application or most recent prior renewal application, as the case may be, together with any additional information requested by the city. If the licensee has a rider, the licensee shall provide any changes relating to that rider at the time the licensee applies to renew the licensee’s license and rider. The licensee shall tender the completed renewal application to the city along with the appropriate license and rider, if any, renewal fee as set forth in § 96.51.
(2) Every renewal application for any class of license and rider, if any, shall be accompanied by a current certificate of insurance in the manner required in § 96.03(A)(6).
(3) If the applicant leases the premises for which the renewal license is sought, the applicant shall provide a copy of the lease evidencing that the lease term spans the time period when the renewed license will be in effect if issued. The applicant shall highlight the lease page of the then current lease or other written confirmation from the lessor that the applicant continues to be authorized to sell, serve, and allow consumption of alcohol for on-premises or off-premises consumption.
(4) A renewal license shall not be renewed until the applicant pays any outstanding fees, fines, taxes, or reimbursements due and payable to the city.
(C) License and/or rider issuance is discretionary.
(1) Nothing in this section shall be deemed or construed as any guaranty or warranty that an application for a license or a rider or the renewal thereof will be renewed by the city.
(2) In the event the city denies a licensee’s application to renew a license and/or a rider, the licensee may request an appeal of that decision as provided in § 96.48 of this chapter.
(D) Grounds for denying initial and renewal applications. The following shall be grounds for not issuing an initial or renewing a license and/or rider:
(1) An applicant who is not of good character and reputation in the city.
(2) An applicant who has been convicted of being the keeper of, or who is keeping a house of prostitution or who has been convicted of a felony, pandering, or other violations of law opposed to decency and morality or breach of the peace.
(3) An applicant who has had a city-issued liquor license revoked for cause under this chapter.
(4) An applicant who would not be eligible for the license pursuant to the Liquor Act or the Gaming Act if the applicant or renewal applicant seeks authority to display, operate and allow the public to play one or more VGTs.
(5) An applicant partnership, unless all of the members of the partnership are qualified to obtain a license. This provision shall not apply to members of a limited partnership.
(6) A corporation or limited liability company that is not in good standing with the Secretary of State or other appropriate state official within the state in which the entity was incorporated or organized.
(7) An applicant whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee as required by this chapter and the Liquor Act.
(8) An applicant who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcohol.
(9) An applicant who does not own the premises for which a license is sought and who does not have a valid lease for the full period for which the license is to be issued.
(10) An applicant where the mayor, any alderperson, or any law enforcement public official who has a direct or indirect ownership interest in the applicant, is employed by an applicant (except when employed to provide security for the applicant’s premises) or any entity that manufactures or distributes alcohol shall not be eligible for a license.
(11) Any applicant that is not eligible for a State of Illinois retail liquor dealer’s license.
(12) A corporation, limited partnership, limited liability company or similar entity whose place of business is conducted by a manager or agent who shall be considered a person within the meaning of this chapter, except when the manager or agent comes under the restrictions set forth in subsections of this section.
(13) An applicant for a license whose premises is not ready or available for business. However, if the premises is being constructed or remodeled, the license shall be issued, but retained by the liquor commissioner or deputy liquor commissioner until the applicant provides the liquor commissioner with a copy of a certificate of occupancy for the premises identified in the license. If the construction or remodeling shall not be commenced within 90 days after the application for a license is filed, or the construction or remodeling shall cease for more than 60 consecutive days, the license held by the liquor commissioner may be voided at the liquor commissioner’s discretion. If voided, no refund of the license fee shall be made.
(14) An applicant must be current in the payment to the city of all fees, taxes (including property taxes), fines, and/or costs that are due and owing to the city by the applicant and manager and if the applicant is a business entity, by the owners of the business.
(15) A person under the age of 21 years of age.
(16) The building in which the applicant seeks to operate does not meet building and zoning code ordinances and regulations.
(17) The issuance of an initial license or a renewal thereof can reasonably be expected to create a nuisance such as excessive and repeated breaches of the peace.
(18) The applicant has a history of problems with regard to violations of health regulations, state or federal laws, and/or ordinances at prior establishments owned or managed by the applicant.
(19) The issuance of the license can reasonably be expected to create excessive noise, traffic, parking or litter problems.
(Ord. 9470, passed 3-5-24)