A. License Required: It shall be unlawful for any person to manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for retail sale in the Village without having first obtained a retailer's license issued by the Village in keeping with the provisions of this Chapter and the Illinois Liquor Control Law.
B. Lapsed, Revoked and Cancelled Licenses:
1. A license shall be treated as lapsed where a complete application for renewal of the same shall not have been filed on or prior to the expiration date thereof.
2. A revoked license is one that has been made inoperative pursuant to law.
3. A cancelled license is one that has been voluntarily surrendered by the licensee.
C. Application for License:
1. All applications for licenses from the Village shall be made with the Village Clerk, in writing, under oath and on forms of application, furnished by the Clerk. Such application shall contain the information and statements as set out in State law for a State license.
2. At the time of application for a liquor license, the applicant shall show evidence of ownership or bona fide lease for the premises to be used in such business to cover the period for the requested annual liquor license.
3. Each applicant for a license shall agree in his application to comply with all the restrictions and regulations imposed by the laws of the State and this Chapter and other ordinances or resolutions of the Village in force at the time of making such application or that may thereafter be passed relating to the sale at retail of alcoholic liquors, and shall authorize the Village to revoke such license for violation of such agreement, and that any unused portion of the license fee, paid for such license shall be forfeited to the Village. (Ord., 4-5-82)
4. Ineligibility: No license shall be issued to a person who would be ineligible for the issuance of a license under State law. In addition, no license shall be issued to the following:
a. A person who has not resided in the Village for at least thirty (30) days.
b. A corporation where any officer, manager or director, or any shareholder would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the Village.
c. A person who seeks to operate a license from a premises owned in its entirety or in part by a person who would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the Village.
It shall be unlawful for a licensee to employ any person on such licensed premises who would not be eligible to receive a license hereunder for any reason other than citizenship, residence within the Village or age. (Ord. 88-2, 5-2-88, eff. 5-2-88)
D. License Issuance, Provisions:
1. All applications for licenses shall be referred to the Liquor Control Committee. It shall be the duty of the Committee to check the applicant's record with the Police Department and the County Sheriff, and the State's Attorney of the County. If any applicant for a liquor license shall not have resided in the Village for at least ten (10) years immediately prior to this application, the Committee shall have the duty to check in the city and county wherein the applicant has resided during the ten (10) years immediately prior to the date of the application.
2. All licenses shall be signed by the Village President and every renewal shall be in all respects identical with the original or first license.
3. All licenses issued by the Village shall be annual licenses and shall expire on April 30 following the issuance and shall state thereon the name of the licensee and the address and description of the premises for which the license is granted, together with the date of its issuance and expiration. It shall be the duty of the Committee to see that all licenses are returned to the files of the Commission upon expiration or revocation. Each license shall contain the following clause, "Subject to revocation and under such restrictions and regulations as provided by Illinois Liquor Control Law and ordinances of the Village of Forreston regulating the sale at retail of alcoholic liquor and laws and ordinances amendatory thereof".
4. Nothing by reason of the issuance of a new license either in connection with the transfer of a business to a new location or to a new owner of an old location shall entitle any other applicant to a license for other premises.
5. Personal Privilege, Restrictions: A license shall be purely a personal privilege good for not to exceed one year after issuance unless sooner revoked as provided in this Chapter, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the licensee. Executors or administrators of the estate of any deceased licensee which such estate consists in part of alcoholic liquor, under order of the appropriate court may exercise the privileges of the deceased after the death of such decedent until the expiration of such license, but not longer than six (6) months after the death of such licensee.
6. Refund; Renewal: A refund shall not be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this subsection. Any licensee may renew his license at the expiration thereof; provided, that he is then qualified to receive a license and the premises for which such renewal is sought is suitable for such purpose. The renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the village from decreasing the number of licenses to be issued within its jurisdiction. (Ord., 4-5-1982)