A. License Prohibited: 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 he/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, unless the commissioner determines such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the commissioner's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
5. A person who has been convicted of being the keeper or is keeping a house of prostitution or ill fame.
6. A person who has been convicted of pandering or other crime or misdemeanor involving decency or moral turpitude under the laws of the state of Illinois, any other state, or any federal statute.
7. A person whose license to sell alcoholic beverages in this village has been revoked for cause.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 five percent (5%) of the aggregate limited partner interest in such copartnership 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, if any member, officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (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 village.
11. A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the business corporation act of 1983 1 or the limited liability company act 2 to transact business in Illinois. The village shall permit and accept from an applicant for a license under the liquor control 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 Illinois.
12. A person, partnership or corporation whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications as required of the license.
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 drugs prohibited by law, or who has forfeited his bond to appear in court to answer charges for any such violation.
14. A person, partnership or corporation who does not own the premises for which a license is sought, or who does not have a lease thereon for the full period for which the license is to be used.
15. Any person, partnership, or corporation not eligible for a state retail liquor dealer's license.
16. Any law enforcing public official, including members of local liquor control commissions, any mayor or president of the board of trustees, member of the 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 territory subject to the jurisdiction of that official if the issuance of such license is approved by the state liquor control commission and except that a license may be granted in the village to any member of the board of trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if:
a. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
b. The issuance of the license is approved by the state liquor commission;
c. The issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located; and
d. 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 subsection A16 to the contrary, a member of a board of trustees other than the mayor or president of the board of trustees, or a member of a county board other than the president of a county board 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, a mayor, a village board president, or president of a county board. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor cannot participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor.
17. A person who is not a beneficial owner of the business to be operated by the licensee.
18. A person who has been convicted of a gambling offense as proscribed by any versions of the Illinois criminal code of 1961 3 or as proscribed by a statute replacing that code.
20. 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 this chapter.
B. Criminal Conviction: 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. The commissioner shall determine if all provisions of this subsection B have been met before any action on the corporation's license is initiated. (Ord. 2011-06, 2-22-2011)
Notes
| 1 | 1. 805 ILCS 5/1.01 et seq. |
| 2 | 2. 805 ILCS 180/1-1 et seq. |
| 3 | 1. 725 ILCS 5/101 et seq. |
| 4 | 2. 230 ILCS 15/1 et seq. |
| 5 | 3. 230 ILCS 20/1 et seq. |