3-3-8: PERSONS INELIGIBLE FOR LICENSE:
No license of any kind issued by the Village Liquor Control Commissioner shall be issued to:
   A.   A person who is not a resident of the Village. This requirement may be waived by the Liquor Commissioner in the event the applicant shall become a resident of the Village.
   B.   A person who is not of good character and reputation in the community in which he resides.
   C.   A person who is not a citizen of the United States. (1975 Code § 22.08)
   D.   A person who has been convicted of a felony under any Federal or State law, unless the commission 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 commission's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant. (Ord. 2004-40, 7-13-2004)
   E.   A person who has been convicted of being the keeper or is keeping a house of ill fame.
   F.   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
   G.   A person whose license issued under this chapter has been revoked for cause.
   H.   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. (1975 Code § 22.08)
   I.   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 for any reason other than residence within the political subdivision. (Ord. 2004-40, 7-13-2004)
   J.   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, or any member owning in the aggregate more than five percent (5%) of the membership interests in such limited liability company, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
   K.   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. (Ord. 2017-29, 6-13-2017)
   L.   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee.
   M.   A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this chapter, or has forfeited his bond to appear in court to answer charges for such violation.
   N.   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. (1975 Code § 22.08)
   O.   Any law enforcing public official, including members of Local Liquor Control Commissions, any Mayor, Alderman, or member of a City Council or Commission, any President of a Village Board of Trustees, any member of a Village Board of Trustees, or any President or member of a County Board; and no such official shall be interested directly in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted, in a City or Village with a population of fifty thousand (50,000) or less, to any Alderman, member of a City Council, or member of a Village Board of Trustees in relation to premises that are located within the territory subject to the jurisdiction of that official 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 local ordinances in effect where the premises are located, and 4) the official granted a license does not vote on alcoholic liquor issues pending before the Board or Council to which the license holder is elected. (Ord. 2004-40, 7-13-2004)
   P.   A person who is not a beneficial owner of the business to be operated by the licensee.
   Q.   A person who has been convicted of a gambling offense as proscribed by any of the subsection (a)(3) through (a)(10) of section 28-1 of, or as prescribed by section 28-3 of the Criminal Code of 1961 1 , approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions. (1975 Code § 22.08)
   R.   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.
   S.   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 subsection (a) of 235 Illinois Compiled Statutes 5/6-21.
   T.   A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in the State of Illinois as a distributor or importing distributor. For purposes of this subsection T, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non- resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
   U.   A person who is licensed in the State of Illinois as a distributor or importing distributor, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in the State of Illinois as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns no more than five percent (5%) of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this subsection U, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer. (Ord. 2017-29, 6-13-2017)

 

Notes

1
1. 720 ILCS 5/28-3.