(A) (1) Application for a license required by this chapter shall be made to and filed with the Mayor. It shall be in writing, signed by the applicant if an individual, or a duly authorized agent thereof if a corporation, and verified by oath or affidavit. There shall be no application fee.
(2) The application shall be presented not less than 30 days prior to the date issuance is desired and shall contain at least the following and other information necessary to evaluate the application:
(a) For all applicants (including partners, stockholders, managers, agents, as set forth in this section, the full name including middle initial, date of birth, Social Security number, the last two home addresses and current work address, and home and work telephone numbers; in the case of a partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the date of incorporation, the state of incorporation, and if the state is a state other than this state, the date upon which the corporation was certified as a foreign corporation entitled to conduct business in the state, the name and address of the officers and directors, the names and addresses of all stockholders if the total number of stockholders is 20 or less, or if the number of stockholders is 21 or more, only those stockholders owning more than 5% interest in the corporation shall be required to be listed; and in all cases, the names and additional information required in this section for any and all managers or agents conducting the business;
(b) The citizenship of the applicant, his or her place of birth, and if a naturalized citizen, the time and place of his or her naturalization;
(c) The type of business of the applicant and, in the case of a corporation, the objects for which it was formed, plus a detailed business plan setting forth the nature and use of the prospective licensed premises. The Liquor Control Commissioner may, as a prerequisite to completing the review of any application, require the applicant to supplement such detailed business plan (including the delivery of floor plans for the prospective licensed premises) so as to establish clear representations regarding the proposed operations of the prospective licensed premises, and the types of alcoholic beverages and other items to be sold or served thereon. The Liquor Control Commissioner shall be deemed to have relied on the detailed business plan in the issuance of any license under this chapter;
(d) The length of time that the applicant has been in business of that character or, in case of a corporation, the date on which its charter was issued;
(e) The location and description of the premises or place of business which is to be operated under the license and the specific name of the business;
(f) A statement whether the applicant has made similar application for a similar or other license on premises other than described in the application and the disposition of the application;
(g) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reasons of any matter or thing contained in this chapter, laws of the state, or the ordinances of the village;
(h) Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked and the reasons therefor;
(i) A statement that the applicant will not violate any of the laws of the state or of the United States, or any ordinances of the village, in the conduct of his or her place of business;
(j) A statement as to whether the premises for which a license is sought comprises a store or other place of business where the majority of customers are under the age of 21 years, or where the principal business transacted consists of the sale of school books, school supplies, food, lunches, or drinks for such customers;
(k) A statement as to whether the applicant is a permanent resident of the village;
(l) A statement as to whether the applicant beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued;
(m) A statement as to whether the applicant is the beneficial owner of the business to be licensed;
(n) A statement as to whether the applicant will be personally actively involved in the operation of the business to be licensed;
(o) A statement as to whether the business is or will be managed by a manager or agent and, if so, statements from every such manager or agent to the same extent as required from every individual applicant;
(p) A statement as to the nature of the business and the amount of anticipated alcoholic liquor sales as a percentage of gross annual sales of the business;
(q) A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of the state, this chapter, or any other code or ordinance of the village;
(r) The state retailers occupation tax number currently assigned to the business or individual, and a statement that the business or individual is not currently delinquent in payments to the State Department of Revenue, the village, or any other governmental entity; and
(s) Certifications from the appropriate County Health Department and the Village Building and Zoning Department indicating that the proposed licensed premises complies with the regulations and ordinances of the Departments.
(3) Once an application for a license has been denied, either because the applicant did not qualify or there were no liquor licenses currently available for issuance, the application shall no longer be considered to be on file after the applicant has received notice of the denial of the issuance of a license.
(B) (1) The Liquor Control Commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by statute, 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 the state. For the purpose of obtaining any of the information desired by the Liquor Control Commissioner under this section, the Commissioner may authorize his or her agent to act on his or her behalf, as provided by statute.
(2) By applying for a liquor license, every applicant authorizes any person to disclose, and the village to investigate, all information pertaining to the applicant’s application. Every applicant waives any and all claims against the village, and agrees to indemnify and hold harmless the village and its elected and appointed officials, officers, boards, commissioners, attorneys, employees, and agents from any and all claims resulting from or arising out of, or alleged to result from or arise out of, the aforesaid activities. Every applicant will consent to and sign any written authorization, waiver, and/or indemnification agreement as the village may require in connection with the aforesaid activities.
(Ord. 11-1, passed 4-19-2011)