(A) (1) The fact that an applicant has been convicted of or has been placed on supervision for a drug or alcohol-related offense or suspension of a liquor license in any other jurisdiction shall be considered in the review of an application for any license or renewal thereof, and may be the basis for the denial of the license or renewal of any license hereunder.
(2) For purposes of this chapter, ALCOHOL-RELATED OFFENSE includes driving while under the influence of intoxicating liquor, and any offenses involving the possession, transfer or consumption of alcohol.
(B) Except as otherwise provided in division (C) below, no liquor 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 the person resides;
(3) A person who has been convicted of a felony under federal or state law, unless the State Commission determines that such person will not be impaired by the conviction in engaging in the licensed practice after considering matters set forth in such person’s application in accordance with 235 ILCS 5/6-2.5 and the State Commission’s investigation;
(4) A 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;
(5) A person who has been convicted of pandering;
(6) A person whose license under this chapter or under the Liquor Control Act has been revoked for cause;
(7) A person who at the time of application for renewal of any license issued hereunder would not be eligible for the license upon a first application;
(8) A copartnership, if any general partnership thereof or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in the copartnership, would not be eligible to receive a license hereunder for any reason other than residence within the village, unless residency is required by local ordinance;
(9) 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 the corporation, would not be eligible to receive a license hereunder for any reason other than residence within the village;
(10) A corporation or limited liability company, unless it is incorporated or organized in this 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 this state. The State Commission shall permit and accept from an applicant for a license under the Liquor Control Act (235 ILCS 5) 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 this 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, or who shall have forfeited a bond to appear in court to answer charges for any violation, unless the State Commission determines, in accordance with 235 ILCS 5/6-2.5, that the person will not be impaired by the conviction in engaging in the licensed practice;
(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 issued;
(14) Any law enforcing village public official, officer or employee or member of any village board or commission; and no official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor, except as set out in 235 ILCS 5/6-2(a)(14);
(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 720 ILCS 5/28-1(a)(3) through (a)(12), 28-1.1 or 28-3, or as proscribed by a statute replacing 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 230 ILCS 15/0.01 et seq. or 230 ILCS 20/1 et seq.;
(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 235 ILCS 5/6-21(a);
(19) 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 as a distributor or importing distributor. For purposes of this division (B)(19), 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; or
(20) A person who is licensed in the state 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 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 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 division (B)(20), 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.
(C) (1) 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, state or local 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, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation.
(2) The State Commission shall determine if all provisions of this division (C) have been met before any action on the corporation’s license is initiated.
Statutory reference:
Restrictions on state licensees, see 235 ILCS 5/6-2