§ 110.05 RESTRICTIONS ON ISSUANCE OF LIQUOR LICENSE/PERMIT.
   (A)   No license/permit under this chapter shall be issued to the following:
      (1)   A person who is not of good character and reputation in the community in which he or she resides.
      (2)   A person who is not a citizen or a legal resident of the United States.
      (3)   A person who has been convicted of a felony under any federal or state law, or of a violation of Village Code under this chapter.
      (4)   A person who has been convicted of pandering or other crime opposed to decency and morality.
      (5)   A person whose license/permit issued under this chapter was previously revoked for cause.
      (6)   A person who at the time of application for renewal of any license/permit issued hereunder would not be eligible for such license/permit under a first application.
      (7)   A partnership, if any general partner, limited partner or other member of such partnership owning more than 5% of the aggregate partner interest in such partnership would not be eligible to receive a license/permit under this chapter for any reason other than citizenship and/or residency.
      (8)   A corporation or limited liability company, if any officer, manager, or director thereof, or any stockholder(s) owning in the aggregate more than 5% of the stock of such corporation, or any member(s) owning in the aggregate more than 5% of the membership interest of such limited liability company would not be eligible to receive a license/permit hereunder for any reason other than citizenship and/or residency.
      (9)   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee.
      (10)   A person who is a beneficial owner of the business to be operated by the licensee on the premises for which the license/permit is sought or does not have a lease for that premises for the full term of the subject license/permit.
      (11)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, or who shall have forfeited his or her bond to appear in court to answer charges for any such violation.
      (12)    Any law-enforcing public official, including the Mayor, any member of the Village Board, and any member of the corporate authorities within their own community; and no such official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor, except that a license/permit may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license/permit is approved by the Local Liquor Control Commissioner and as applicable the state commission; and except that a license/permit may be granted to a member of the Village Board in relation to premises that are located within the territory subject to the jurisdiction of that official if (i) the sale of alcoholic liquor pursuant to the license/permit is incidental to the selling of food; (ii) the issuance of the license/permit is approved by the state commission, if applicable; (iii) the issuance of the license/permit is in accordance with all applicable local ordinances in effect where the premises are located; and (iv) the official granted a license/permit does not vote on alcoholic liquor issues before the Board to which the license holder is elected. Notwithstanding any provision of this paragraph to the contrary, a member of the Village Board may have a direct interest in the manufacture, sale or distribution of alcoholic liquor provided he is not a law enforcing public official or president of the Village Board. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor cannot participate in any meetings, hearings or decisions on matters impacting the manufacture, sale or distribution of alcoholic liquor.
      (13)   Any person not eligible for a state retail liquor dealer's license.
      (14)   Any other person where prohibited by state statute.
      (15)   A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or a limited liability company qualified and registered under the Business Corporation Act of 1983 (805 ILCS 5/1.01 et seq.) or the Limited Liability Company Act (805 ILCS 180/1-1 et seq.) to transact business in Illinois.
      (16)   A member or manager of a partnership if any such member or manager is not a citizen or legal resident of the United States.
      (17)   A person who has been convicted of a gambling offense as proscribed by 720 ILCS 5/28-1 (a)(l)--(a)(11), as amended, or as proscribed by 720 ILCS 5/28-1.1 or 5/28-3, as amended, or any other applicable state statute.
      (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 (230 ILCS 15/0/01 et seq.) or the Illinois Pull Tabs and Jar Games Act (235 ILCS 20/1 et seq.).
   (B)   Corporate and Limited Liability Company exception. A criminal conviction of a corporation or a limited liability company is not grounds for the denial, suspension or revocation of a license/permit applied for or held by the corporation or a limited liability company 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; or if the offense that led to the conviction did not result in any financial gain to the corporation or the limited liability company and the corporation or the limited liability company has terminated its relationship with each director, officer, manager, employee and/or controlling shareholder or member whose actions directly contributed to the conviction. The Local Liquor Control Commissioner shall determine if all provisions of this division (B) have been met before any action on the corporation's or limited liability company's license/permit is initiated.
(Ord. 2023-05, passed 8-8-2023)