(A) No liquor license shall be issued to:
(1) A natural person who is not a resident of the village;
(2) A natural person who is not of good character and reputation in the community in which such person resides;
(3) A natural person who is not a citizen of the United States;
(4) A natural person who has been convicted of a felony under any federal or state law, unless the state’s Liquor Control 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 state’s Commission’s investigation;
(5) A natural person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution;
(6) A natural person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(7) A person whose license issued under the Liquor Control Act has been revoked for cause;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 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder;
(10) (a) 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 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 state.
(b) A corporation or limited liability company unless it is incorporated or organized in the state, 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 the state. The village shall permit and accept from an applicant for a license under this Act 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 the state.
(11) 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;
(12) 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 Act or has forfeited his or her bond to appear in court to answer charges for any such violation;
(13) 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;
(14) Any law enforcing public official, including any President of the 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 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 are not located within the village if the issuance of such license is approved by the state’s Liquor Control Commission and except that a license may be granted to a member of a Village Board if: the sale of alcoholic liquor pursuant to the license is incidental to the selling of food; the issuance of the license is approved by the state’s Commission; the issuance of the license is in accordance with all applicable village ordinances in effect; and 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. Notwithstanding any provision of this division (A)(14) to the contrary, a member of a Village Board of Trustees other than the President of the Village Board of Trustees, 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 a Village Board President. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, Village President with a may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Village Board has made a Local Liquor Control Commissioner appointment that complies with the requirements of § 4-2 of the Liquor Control Act;
(15) A person who is not a beneficial owner of the business to be operated by the licensee;
(16) A person who has been convicted of a gambling offense as proscribed by any of § 28-1(a)(3) through (a)(11), or as proscribed by §§ 28-1.1 or 28-3, of the Criminal Code of 1961 or the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(17) 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 Act or the state’s Pull Tabs and Jar Games Act;
(18) 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 § 6-21(a) of the Liquor Control Act; and
(19) A person who does not qualify for a state retail liquor license.
(B) A criminal conviction of a corporation is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation.
(Ord. 14-02, passed 2-18-2014)