(A) Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objectives or to a non-profit fundraising organization that is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.
(B) A license may not be issued under this chapter to:
(1) Any person whose felony conviction will impair the person's ability to engage in the licensed position;
(2) Any person who is or has been a professional gambler or gambling promoter;
(3) Any person who is not a good moral character;
(4) Any firm or corporation in which a person defined in division (1), (2) or (3) has a proprietary, equitable or credit interest, or in which such a person is active or employed;
(5) Any organization in which a person defined in division (1), (2) or (3) is an officer, director, or employee, whether compensated or note; and/or
(6) Any organization in which a person defined in division (1), (2) or (3) is to participate in the management or operation of a raffle as defined in this chapter.
(C) The Village President, upon a finding that an applicant for a license was convicted of a felony shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) The lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
(2) Whether five years since a felony conviction or three years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
(3) If the applicant was previously licensed or employed in this state or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
(4) The age of the person at the time of the criminal offense;
(5) Successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
(6) Evidence of the applicant's present fitness and professional character;
(7) Evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
(8) Any other mitigating factors that contribute to the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
(Ord. 1084, passed 2-7-2018)