(A) License required. It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without first having obtained a village retail dealer’s license for each location, place or premises where alcoholic liquor is sole or offered for sale.
(B) Classification of, and restriction on, number of liquor licenses.
(1) Licenses to sell alcoholic liquor at retail shall be of the following classes.
(a) Class A. A Class “A” license shall entitle the licensee to sell alcoholic liquor, at retail, for consumption either on the premises by the drink, or off the premises where sold in the original package. The licenses issued prior to this amendment, by authority of Ord. 300, shall be classified Class “A” licenses.
(b) Class B. A Class “B” license shall entitle the licensee to sell packaged liquor in the original package for consumption off the premises and shall not authorize consumption on the premises.
(c) Class S. Class “S” (special use) license shall entitle the licensee to provide samples of alcohol, not to exceed three ounces per sample, and sell alcohol at retail for consumption off premises to persons meeting the legal age requirement for consumption of alcohol.
(2) No more than three Class “A” and one Class “B” licenses for the retail sale of alcoholic liquor shall be issued at any given time within the village.
(C) Application for license; procedure; contents. An applicant for retail liquor license from the village shall submit to the Village President an application in writing under oath stating:
(1) The name and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof, and in the case of the corporation, for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or his or her nominees, the name and address of such person;
(2) The citizenship of the applicant, his or her place of birth and if a naturalized citizen, the time and place of his or her naturalization;
(3) The character of business of the applicant; and, in case of corporation, the objects for which it was formed;
(4) The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
(5) The amount of goods, wares and merchandise on hand at the time the application is made;
(6) The location and description of the premises or place of business which is to be operated under such license;
(7) A statement whether such applicant has made similar application for a similar license on premises other than those described in this application, and the disposition of such application;
(8) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter;
(9) Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor;
(10) The date of incorporation if an Illinois corporation, or the date of becoming qualified under the state’s Business Corporation Act, being 805 ILCS 5/1.01 et seq., to transact business in Illinois if a foreign corporation;
(11) He or she will not violate any of the laws of the State of Illinois or of the United States in the conduct of his or her place of business;
(12) He or she has not received or borrowed money or anything else of value, and that he or she will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days directly or indirectly from any manufacturer, importing distributor or distributor, and that he or she shall not be a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of this subchapter. In addition to foregoing information, such application shall contain such other further information as the Village President or Village Board of Trnstees may, by rule or regulation not inconsistent with law, prescribe; and
(13) If said application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed and sworn to by at least two members of such partnership, or the president and secretary of such corporation.
(D) Persons ineligible for licenses.
(1) A person who is not a resident of the village, within the village corporate limits, (non-resident) unless said non-resident submits a liquor license application according to the terms in this subchapter including a written request asking the Village Board to renew said application and grant said non-resident a liquor license if after review of said application by the Village Board a vote is taken by the Board members and the majority of said Board members vote in favor of issuing the non-resident a liquor license. This exception shall only apply to non-residents; provided, they are not ineligible under divisions (D)(2) through (D)(18) below;
(2) A person who is not of good character and reputation in the community in which he or she 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;
(5) A person who has been convicted of being the keeper 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 subchapter 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, unless all of the members of such copartnership shall be qualified to obtain a license;
(10) A corporation, if any 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 political subdivision;
(11) A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the state’s Business Corporation 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, or has forfeited his or her bond to appear in court to answer charges for any such violation;
(14) A person who does not beneficially own the premises for which a license is sought, or does not a have a lead thereon for the full period for which the license is to be issued;
(15) A person who is not beneficial owner of the business to be operated by the licensee;
(16) A person who have been convicted of a gambling offence as prescribed by this subchapter or any statute;
(17) A person to whom a federal gamin device stamp or a federal wagering stamp has been issued by the federal government for the current tax period;
(18) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;
(19) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period; and/or
(20) Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(E) Fees. The annual fees for the respective licenses in this subchapter shall be as follows:
(1) Class A: $500;
(2) Class B: $300; and
(3) Class S: $25.
(F) License term. All licenses issued pursuant to this subchapter shall expire annually on June 30.
(G) License to be posted. Every license shall cause his or her retail alcoholic liquor license issued pursuant to this subchapter to be hung or posted in plain view in a conspicuous place on the licensed premises.
(H) Transferability of licenses. A license shall be purely a personal privilege, good for only the period specified therefor in division (F) above unless sooner revoked as in this subchapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be subject to alienable or transferable, voluntarily or involuntarily or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or interstate devolution, but it shall cease upon the death of the licensee; provided that, executors or administrators of the estate of the deceased licensee, and the trustee of any insolvent or bankrupt licenses when such estate consists in part of alcoholic liquor under order of the appropriate court, and may exercise the privilege of the deceased or insolvent or bankrupt until the expiration of such license, but no longer than six months after the death, bankruptcy or insolvency of such licensee.
(I) Changing location of licensed premises. Changes in location of the premises licensed as retail alcoholic liquor vendors may be permitted, if such change is approved, in writing by the Village President. Changes in such locations shall always conform to this subchapter and other village ordinances.
(J) Bartenders, age. No person shall be a baiiender not in any way directly or indirectly prepare or serve alcoholic liquor on an authorized alcoholic liquors vendor’s premises unless he or she is 21 years of age or older.
(K) Revocation or suspension of licenses; powers of Liquor Commissioner. The Village President, as Liquor Commissioner of the village, shall have the power to revoke or suspend any liquor license hereunder for violation of any section of this subchapter, as specified in 235 ILCS, and all other powers granted to him or her in the aforesaid chapter of the Illinois Compiled Statutes, subject to the restrictions and procedures contained therein.
(Ord. 458, passed 3-20-2006; Ord. 486, passed 5-3-2010; Ord. 498, passed 5-21-2012; Ord. 506, passed 2-18-2013)