A. No local retail liquor dealer's license shall be issued to:
1. A person who is not a resident of the village.
2. A person who is not of good character and reputation in the community in which he resides.
3. A person who is not a citizen of the United States.
4. A person who has been convicted of a felony under any federal or state law, if determined by the local liquor control commissioner that such person has not been sufficiently rehabilitated to warrant 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.
5. A person who has been convicted of being the keeper of or is keeping a house of ill fame.
6. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
7. A person whose license issued under this chapter has been revoked for cause.
8. 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.
9. 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.
10. 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 residence within the village.
11. 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 1 or the limited liability company act to transact business in Illinois. The local liquor control 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.
12. 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.
13. 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 effective date of the local liquor control act or has forfeited his bond to appear in court to answer charges for any such violation.
14. A person who is not a beneficial owner of the business to be operated by the licensee.
15. 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.
16. Any law enforcing public official, the village president or any member of the village board of trustees, and no such official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor; 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 member of the village board of trustees in relation to premises that is located within the village if: a) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food; b) the issuance of the license is approved by the state commission; c) the issuance of the license is in accordance with all applicable village ordinances in effect where the premises is located; and d) the official granted a license does not vote on alcoholic liquor issues pending before the village board to which the license holder is elected. Notwithstanding any provision of this subsection to the contrary, a member of the village board of trustees, other than the village president, may have a direct interest in the manufacture, sale, or distribution 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 manufacture, sale or distribution of alcoholic liquor cannot participate in any meetings, hearings, or decision on matters impacting the manufacture, sale or distribution of alcoholic liquor.
17. Any person, firm or corporation not eligible for a state retail liquor dealer's license.
18. A person who has been convicted of a gambling offense as proscribed by any of the subsections (a)(3) through (a)(11) of 720 Illinois Compiled Statutes 5/28-1, or as proscribed by 720 Illinois Compiled Statutes 5/28-3, as heretofore or hereafter amended, or as proscribed by a statute replacing any of the aforesaid statutory provisions.
20. 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, subsection a.
21. Any person who has sold, given away or delivered alcoholic liquor to any person under the age of twenty one (21) years, in violation of applicable state law or village ordinances, or to any intoxicated person, except as provided in 235 Illinois Compiled Statutes 5/6-16.1, unless otherwise determined by the local liquor control commissioner. (Ord. 2007-124, 12-6-2007; amd. 2011 Code)
B. No new or renewal license shall be issued unless all debts, fines and penalties due and owing the village from the licensee, applicant for license, or licensed premises have been paid in full. (Ord. 2007-124, 12-6-2007)
Notes
| 1 | 1. 805 ILCS 5/1.01 et seq. |
| 2 | 1. 230 ILCS 15/0.01 et seq. |
| 3 | 2. 230 ILCS 20/1 et seq. |