(A) License required. It shall be unlawful to sell or offer for sale at-retail in the village any alcoholic liquor without having a retail liquor dealer’s license, or in violation of the terms of the license.
(B) Application for license. Applications for the licenses shall be made to the President of the Village Board in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
(1) The name, age and address of the applicant; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a 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 the corporation is owned by one person or his or her nominees, the name and address of the 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 a corporation, the objects for which it was formed;
(4) 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 charter was issued;
(5) The amount of goods, wares and merchandise on hand at the time application is made;
(6) The location and description of the premises or place of business which is to be operated under the license;
(7) A statement whether applicant has made similar application for a similar other license on premises other than that described in this application and the disposition of the 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 chapter, laws of this state or ordinances of this village;
(9) Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor; and
(10) A statement that the applicant will not violate any of the laws of the state or of the United States, or any ordinance of the village in the conduct of his or her place of business.
(C) Restrictions on license. No 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 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 the laws of the state;
(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 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 the license upon a first application;
(9) A copartnership, unless all of the members of the 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 the corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision;
(11) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of 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 effective date hereof, or shall have forfeited his or her bond to appear in court to answer charges for any like violation;
(13) A person who does not 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, the President of the Village Board of Trustees, any member of the Village Board of Trustees; and no official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor; or
(15) Any person not eligible for a state retail liquor dealer’s license.
(D) Renewal of license. Any licensee may renew his or her license at the expiration thereof, provided he or she is then qualified to receive a license and the premises for which the renewal license is sought are suitable for that purpose; and provided, further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the President of the Village Board from decreasing the number of licenses to be issued within his or her jurisdiction.
(E) Transfer of license.
(1) A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated.
(2) The license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent, or the insolvency or bankruptcy until the expiration of the license, but not longer than six months after, the death, bankruptcy or insolvency of the licensee.
(3) 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 the license in accordance with the provisions of this section; provided however, that if the license is revoked for the causes as in this chapter set forth, there shall be no refund.
(F) Revocation of license.
(1) The President of the Village Board may revoke or suspend any retail liquor dealer’s license issued by him or her if he or she determines that the licensee has violated any provisions of this chapter, or for violation of any state law pertaining to the sale of alcoholic liquor. However, no such license shall be revoked or suspended except after a public hearing by the President of the Village Board with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend. If the President of the Village Board has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he or she may, upon the issuance of a written order stating the reason for the conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period. If the licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, the order shall not be applicable to the other business or businesses.
(2) The President of the Village Board shall, within five days after the hearing, if he or she determines after the hearing that the license should be revoked or suspended, state the reason or reasons for the determination in a written order, and either the period of suspension or that the license has been revoked, and shall serve a copy of the order within five days upon the licensee.
(1986 Code, § 3-2-2) Penalty, see § 110.99