A. License required. It shall be unlawful to sell or offer for retail sale any place in Grundy County outside the limits of any incorporated cities, towns and villages, any alcoholic liquor without having a Grundy County Retail Liquor Dealer's License or in violation of such license.
B. Application. Applications and renewal applications for a Grundy County Retail Liquor Dealer's License shall be provided by the Secretary of the Grundy County Board. The application must be made in writing, signed by the applicant, if an individual, or by an authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
1. The applicant's name, mailing address and telephone number;
2. The name and address of the applicant's business;
3. In the case of a co-partnership, the date of the formation of the copartnership;
4. In the case of a corporation for profit, 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 nominees, the name and address of such person;
5. In the case of a club, the objects for which it was organized and the names and addresses of the officers and directors;
6. 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;
7. The character of business of the applicant and the length of time that the applicant has been in business of that character, or in the case of a corporation, the date on which its character was issued;
8. The address and description of the premises or place of business which is to be operated under such license;
9. A statement indicating whether the applicant has made similar application for a similar other license on the premises, other than described in this chapter, and the disposition of such application;
10. A statement that applicant has never been convicted of a felony, pandering or other crime or misdemeanor opposed to decency and morality, and it not disqualified to receive a license based on this chapter or the Illinois Liquor Act of 1934;
11. Whether a previous license from any state or subdivision thereof or from the federal government has been revoked and the reasons therefore;
12. A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any resolution of the Grundy County Board in the conduct of his or her place of business.
C. Licensing Restrictions. A Retail Liquor Dealer's License shall not be issued to:
1. A person who is not a resident of Grundy County;
2. A person who is not a citizen of the United States of America;
3. A person who is not of good character and reputation in the community in which he or she resides;
4. A person who has been convicted of a felony under State or Federal law;
5. A person who has been convicted of being the keeper of, or is keeping, a house of ill reputation;
6. A person who has been convicted of pandering, or other crime or misdemeanor opposed to decency and morality;
7. A person whose Grundy County Retailer Liquor Dealer's License has been revoked, or a person who has failed to comply with each and every requirement of this chapter;
8. A person who, at the time of application for renewal of a Retail Liquor Dealer's License, would not be eligible for such license upon a first application;
9. A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of a licensee;
10. A person who does not beneficially own the premises for which a Retail Liquor Dealer's License is sought, or does not have a lease thereon for the full period for which the license is to be issued;
11. A person who is not a beneficial owner of the business to be operated 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 has forfeited his or her bond to appear in court to answer charges for any such violation;
13. A person who has been convicted of a gambling offense as prescribed by 710 ILCS 5/28-1 or 70 ILCS 5/28-3 as amended;
14. A co-partnership, unless all of the members of such co-partnership are qualified to obtain a license;
15. A corporation, if any officer, manager, director or stockholder owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a Retail Liquor Dealer's License for any reason other than citizenship or residence;
16. A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act to transact business in Illinois;
17. A corporation, if any officer, manager, director or stockholder thereof, owning the aggregate more than twenty percent (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; unless the corporation is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
18. A person or co-partnership, including any of the partners of the copartnership, to which A Federal Gaming Device Stamp or a Federal Wagering Stamp has been issued by the Federal Government for the current tax period; unless that person or co-partnership is eligible to be issue a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
19. Any law enforcing public official, mayor, alderman, chairman or member of the Grundy County Board, or president or member ofa village board of trustees;
20. Any person, co-partnership, club or corporation not eligible for an Illinois Retail Liquor Dealer's License.
21. Submission of a signed application for a liquor license and/or acceptance or a liquor license constitutes the applicant’s consent to an inspection of any and all portions of the licensed premises by the County:
a. At any time during the normal business hours of the licensed premises, with or without advance notice; or
b. At such other time as the County shall designate to the applicant/Licensee in writing, with not less than forty-eight (48) hours advance notice. Inspections pursuant to this consent may be conducted by any County personnel, including Sheriff Department, Land Use Department, or Health Department, the Liquor Commissioner, or other staff authorized by the Liquor Commissioner, for purposes of determining compliance with the provisions of this Liquor Code, or for purposes of determining compliance with any other applicable code or regulation.
The consent for inspection shall extend to any portion of the premises. An applicant or Licensee’s refusal to grant access to the premises for an inspection shall constitute grounds for denial of a pending application (without refund of any posted application fees) and shall constitute a violation of this Liquor Code for liquor license holders, which may subject a liquor Licensee to suspension or revocation of their liquor license, imposition of fines and penalties under this Liquor Code, or both. The existence of code violations shall justify suspension, denial, or non-renewal of a liquor license.
22. In the event the Liquor Commissioner receives a liquor license application which the Commissioner determines is not adequately regulated under this Code, the Commissioner may temporarily delay review of the application for purposes of seeking an amendment to this Code to add additional regulation.
D. Classifications of Retail Liquor Dealer's Licenses. Grundy County Retail Liquor Dealer's Licenses shall be divided into the following classes:
1. Class 'A' Licenses which shall authorize the retail sale of alcoholic liquor for consumption on the premises, as well as the retail sale of alcoholic liquor in packages for consumption off the premises;
2. Class 'B' Licenses which shall authorize the retail sale of alcoholic liquor for consumption on the premises of a club, as well as the retail sale of alcoholic liquor in packages for consumption off the premises;
3. Class 'C' Licenses which shall authorize the retail sale of beer and wine only, for consumption on the premises only;
4. Class 'D' Licenses which shall authorize the retail sale of alcoholic liquor in packages only and not for consumption where it is sold;
5. Class 'E' Licenses which shall authorize the retail sale of alcoholic liquor for consumption on the premises only while entertainment events are being conducted;
6. Special Event Licenses which shall authorize the retail sale of alcoholic liquor for consumption on the premises where the special event retailer shall be determined by the Liquor Control Commission. A Special Event License may only be issued to a special event retailer and such retailer may not be issued more than two special event licenses per year and are not to exceed three (3) days each. A Special Event License may only be issued if the special event retailer has obtained Dram Shop Insurance for the special event and has provided the Liquor Control Committee with sufficient proof that such insurance has been obtained.
E. Number of Retail Liquor Dealer's Licenses. The following number of licenses shall be available for each license class:
1. Six (6) Class 'A' Licenses;
2. Four (4) Class 'B' Licenses;
3. One (1) Class 'C' License;
4. One (1) Class 'D' License;
5. One (1) Class 'E' License; and
6. There is no predetermined number of Special Event Licenses that may be issued. The number of Special Event Licenses that may be issued is left to the discretion of the Liquor Control Commission.
F. License fees. The fees for each class of license are found in the Liquor License Fee Schedule that has been adopted by the Grundy County Board and is attached to the license application.
G. Payment of License Fee. The license fee for Class 'A' through Class 'E' Licenses shall be paid to the Liquor Control Commission when the application for a Retail Liquor Dealer's License is submitted. The fee to be paid for a Class 'A' through Class 'E' license for an initial application shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. If a Class 'A' through Class 'E' license is merely being renewed for the following year, the required fee for the license shall be paid on or before December 31 st• The license fee for a Special Event License must be paid to the Liquor Control Commission upon approval of the application for the license.
H. Disposition of License Fees. All fees collected for Retail Liquor Dealer's Licenses shall be turned over by the Liquor Control Commission to the County Treasurer's Office for the use of the County. In the event that an applicant is not granted a license, the County Treasurer shall return the fee to the applicant within thirty (30) days after notice has been sent to the applicant that his or her application has been denied.
I. Term of Licenses. Class 'A' through Class 'E' licenses shall terminate on December 31 of the year the license is granted. The duration of Special Event Licenses shall be determined by the Liquor Control Commission on a case by case basis.
J. Dram Shop Insurance. At the time a renewal application is made by the licensee, and in the case of a successful new applicant within ten (10) days after the application has been approved, the licensee or applicant shall present evidence of Dram Shop Liability Insurance to the Liquor Control Commission or Commissioner, issued by an insurance company licensed to do business in the State of Illinois, insuring the applicant, and the owner or lessor of the premises in at least the following amounts:
1. Forty five thousand dollars ($45,000.00) of general liability/personal injury insurance per person;
2. Forty five thousand dollars ($45,000.00) of general liability/property damage insurance per person;
3. Fifty five thousand dollars ($55,000.00) of general liability/loss of means of support insurance per person.
K. Transfer of License. A Grundy County Retail Liquor Dealer's License shall be purely a privilege, shall not constitute property, and shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or be subject to being encumbered or hypothecated. Such license shall not descent by the laws of testate or intestate devolution, but shall cease upon the death of the licensee; unless executors or administrators of the estate or any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue under order of an appropriate court, and may exercise the privileges of the deceased, insolvent or bankrupt licensee, after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but no longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this paragraph.
L. Change of Location. A Retail Liquor Dealer's License shall permit the sale of alcoholic liquor only on the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Liquor Control Commission or Commissioner. An application to change the location of the premises that is licensed under this chapter may be obtained by the Secretary of the Grundy County Board and is subject to the approval of the Liquor Control Commission.
M. Display of License. Every licensee shall frame and hang his or her Retail Liquor Dealer's License in a conspicuous place on the licensed premises.
N. Display of Birth Defects Warning Sign. Every holder of a Retail Liquor Dealer's License, whether the licensee sells or offers for sale alcoholic liquors for use or consumption on or off the retail license premises, shall cause a sign with the message: “GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS” to be framed and hung in plain view. These signs shall be no larger than 8 ½ inches by 11 inches. In the event there is no warning sign posted on the licensee's premises refer to 235 ILCS 5/6-24a for further action that must be taken and fines that may be levied for noncompliance. (Ord. 14-007, 4-8-2014)