No License authorized by this chapter shall be issued to:
A. A person who is not a resident of the Village prior to the date of his or her application. In the case of a general partnership, residency shall not be required for partners, if the general partnership Applicant employs a Resident Manager to operate the business. In the case of a corporate Applicant, residency shall not be required for corporate officers and stockholders if the corporate Applicant employs a Resident Manager to operate the business. In the case of a limited liability company Applicant, residency shall not be required for limited liability company members if the limited liability company employs a Resident Manager to operate the business. In the case of a limited partnership Applicant, residency shall not be required for limited partners or general partners if the limited partnership applicant employs a Resident Manager to operate the business.
B. A person who is not of good character and reputation in the community in which he or she resides.
C. A person who has been convicted of a felony under any Federal or state law, unless the Commissioner 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 Commissioner's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
D. A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution.
E. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
F. A person whose license issued under this chapter has been revoked for cause.
G. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.
H. A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder.
I. A corporation or limited liability company, if any member, officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residency within the Village.
J. A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois. The Commissioner shall permit and accept from an applicant for a license under this chapter proof prepared from the Secretary of State's website that the corporation or limited liability company is in good standing and is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois.
K. A person whose place of business is conducted by a Resident Manager or Managing Agent unless the Resident Manager or Managing Agent possesses the same qualifications required by the licensee.
L. 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 has forfeited his or her bond to appear in court to answer charges for any such violation.
M. 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.
N. Any law enforcing public official, the Village President, any Trustee, or any member of the Village Board; except, that a license may be granted to such official in relation to premises that is not located within the Village if the issuance of such license is approved by the State Liquor Control Commission; and except, that a license may be granted to any Trustee or member of the Village Board in relation to premises that is located within the Village if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
2. The issuance of the license is approved by the State Commission;
3. The issuance of the license is in accordance with all applicable Village ordinances; and
4. The official granted a license does not vote on alcoholic liquor issues pending before the Village Board of Trustees. Notwithstanding any provision of the subsection to the contrary, any Trustee or member of the Village Board may have a direct interest in the sale of alcoholic liquor as long as he or she is not a law enforcing public official or the Village President.
To prevent any conflict of interest, the elected official with the direct interest in the sale of alcoholic liquor shall not participate in any meetings, hearing, or decisions on matters impacting the sale of alcoholic liquor. Furthermore, the Village President may have an interest in the sale of alcoholic liquor as long as the Village Board of Trustees has made a Local Liquor Control Commissioner appointment that compiles with the requirements of 625 Illinois Compiled Statues 5/4-2.
O. A person who is not a beneficial owner of the business to be operated by the licensee.
P. A person who has been convicted of a gambling offence as proscribed by any 720 Illinois Compiled Statues 5/28-1(a)(3) through (a)(11), or as proscribed by 720 Illinois Statutes 5/28-1.1 or 5/28-3 (the Criminal Code of 1961 or the Criminal Code of 2012), or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
Q. 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 and Poker Runs Act or the Illinois Pull Tabs and Jar Games Act.
R. 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 Illinois Compiled Statutes 5/6-21(a).
S. A person who intends to operate Video Gaming Terminals at the business to be operated by the licensee, which the Local Liquor Control Commissioner estimates to derive less than (60) percent of its gross annual revenues from sales of foods, snacks, gasoline, personal goods, and/or Alcoholic Liquor; or, in the case of renewal, no license holder who fails to derive at least sixty (60) percent or more of its gross annual revenues from sales of foods, snacks, gasoline, personal goods, and/or Alcoholic Liquor.
T. A person who fails to furnish information or to make statements required in the application for license as set forth in this chapter or requested by the Liquor Control Commissioner.
U. A person who is not eligible for a state retail liquor license.
V. A person who knowingly furnishes false or misleading information or falsely answers the statements required in the application for a License, or one who furnishes false or misleading information on the application or to any investigator during the application process.
W. Any person if the following criteria is applicable: If any tax payable to the Village or other debt owed to the Village remains unpaid after its due date and the delinquent taxpayer or debtor (henceforth debtor) holds a license, for the benefit of the debtor or his or her property, issued by the Village, or the debtor applies for such license, the Village Clerk may request the licensing or issuing authority to suspend or refuse to issue, renew or extend such License. The Local Liquor Control Commissioner shall then suspend or refuse to issue, renew, or extend such License until such time as all taxes and outstanding debts are paid. Every licensee or applicant for a license shall attest, under penalties of perjury that he or she has paid all taxes or other debts owed to the Village. (2017 Code; amd. Ord. 1125-2022, 11-21-2022)