The following shall apply to all license applications other than a class K special event license:
A. Signature And General Requirements: Applications for a license to sell alcoholic liquor at retail in the city shall be filed with the city manager's office, in writing, on forms furnished by the city, signed by the applicant if an individual, or by all partners in a partnership, or all limited partners in a limited partnership, and if the applicant is a corporation, by the president and secretary of the corporation, verified by oath or affidavit, and shall contain statements and information as set forth below. If a club, said application shall be signed by a duly authorized agent thereof and verified by oath or affidavit, and shall contain statements and information as set forth below. A new application shall be executed each year for a renewal of a license.
B. Fingerprints: Within three (3) working days of filing of the application, every person who makes an application for a license to sell alcoholic liquor at retail shall register his or her fingerprints, and those of all applicants, shareholders, officers, partners, limited partners, managers and agents (unless waived, for good cause shown, by the local liquor control commissioner), in the police department. This subsection applies to new applicants as well as new operating managers. Renewal applications for which the applicants have already been fingerprinted and a check has been made by the police will not be required to resubmit for fingerprints unless specifically required by the liquor control commissioner or the chief of police.
C. Insurance: No license shall be issued under this chapter unless the applicant files with his application a certificate by an insurance company authorized to do business in the state, certifying that the applicant has in force and in effect insurance sufficient to cover the limits of liability established by the Illinois liquor control act, 235 Illinois Compiled Statutes 5/6-21, and any other statutory requirement or requirements under local ordinances. Such evidence shall be submitted yearly for license renewal, and the insurance shall be kept in effect constantly during the existence of the license. Each such policy of insurance shall contain a provision requiring thirty (30) days' prior notice to the local liquor control commissioner before it can be canceled by the insurance company, and this provision shall be indicated on all certificates of insurance required herein.
D. BASSET Training: No license shall be issued under this chapter unless the applicant files with his application a copy of each BASSET certificate, as required under this chapter. Further, the applicant shall provide a statement, under oath, of the applicant's proposed hours of operation and that, in the opinion of the applicant, a sufficient number of employees have received said training to ensure compliance with this chapter. No license shall be issued under this chapter if the local liquor control commissioner determines that the applicant does not have sufficient trained personnel to ensure compliance with the requirements of this chapter.
E. Appearance Review Required: The applicant shall submit an application to the city appearance review committee and obtain an appearance review committee approval of the exterior design and maintenance of the premises, a condition precedent to the issuance of any liquor license hereunder.
F. Information Regarding Applicants: Each application shall disclose the following information:
1. For all applicants (including partners, limited partners, stockholders, managers, and agents as set forth below), the full name including middle initial, date of birth, social security number, home and work addresses and home and work telephone numbers; in the case of a partnership or limited partnership, the persons entitled to share in the profits thereof; in the case of a corporation, a certified copy of the articles of incorporation and certificate of good standing, the date of incorporation, the state of incorporation, and if such state is a state other than Illinois, a certified copy of the certificate of registration, the date upon which the corporation was certified as a foreign corporation entitled to conduct business in Illinois, the names and addresses of the officers and directors and the names and addresses of all stockholders; further, all corporations, limited liability companies, or partnerships licensed under this chapter shall report to the local liquor control commissioner within ten (10) days all internal changes in such entity pertaining to the persons whose names are indicated on the liquor license application. Further, all applicants shall provide the names and additional information required in this subsection for any and all managers or agents conducting the business of the applicant.
2. Citizenship of the applicant(s), place of birth, and if a naturalized citizen, the time and place of naturalization.
3. Character of business of applicant, and in the case of a corporation, the objects for which it was formed.
4. Length of time applicant has been in the business of that character, or in the case of a corporation, the date when its charter was issued and a copy of the articles of incorporation.
5. Location and description of the premises or place of business which is to be operated under such license.
6. Statement whether or not any applicant has made application for a similar or other license on premises other than that described in the application, and the disposition of such other application.
7. Statement whether or not any applicant has ever been convicted of a felony or is otherwise disqualified to receive a license by reason of any matter or thing contained in this chapter or the laws of the state or the ordinances of the city. (For this subsection, a list of any criminal arrests must be listed on the application other than minor traffic offenses.)
8. A statement whether any of the applicants has convictions for such activity as gambling, prostitution, narcotics violations, etc.
9. If the applicant is a partnership or under sole ownership, applicant must show evidence that the requirements of the assumed business name act 1 have been complied with prior to such application being approved. If the applicant is a corporation doing business under any name other than the corporate name, the applicant must show written evidence that he has obtained all applicable approvals for the use of the assumed name including a certificate from the secretary of state. The evidence required herein shall consist, at a minimum, of a copy of an accepted assumed name certificate.
10. A statement whether or not any applicant's previous license issued by any state or subdivision thereof, or by the federal government, has been revoked or suspended and the reasons therefor.
11. A statement that the applicant(s) will not violate any of the laws of the state, or of the United States, or any ordinance of the city in the conduct of his place of business.
12. A statement from the applicant that he is of good character and reputation to the community in which the applicant resides.
13. A copy of the deed or document of title indicating ownership for any premises which is actually owned by the applicant, or a copy of the written lease held by the applicant for the premises. Any lease shall be for the full period for which the license sought is to be issued.
14. The applicant will forward to the Local Liquor Control Commissioner, his agent, or the Chief of Police any additional information required by him to complete the required investigation as to the qualification of the company, applicants, and others required by this chapter.
15. The provisions of this chapter shall be liberally construed to allow the Local Liquor Control Commissioner to obtain such information as he may require, in his sole discretion, to determine any person, firm or entity directly or indirectly benefiting from the sale of liquor upon a premises.
16. The Local Liquor Control Commissioner may, for good cause shown, in his sole discretion, waive any requirement hereunder, unless prohibited by State law.
G. State License Required: No applicant under this chapter shall operate a liquor business without having obtained a liquor license issued by the Illinois Liquor Control Commission. (Ord. 16-O-12, 3-1-2016)
Notes
| 1 | 1. 805 ILCS 405/0.01 et seq. |