A. Contents: Applications for any license under the terms of this chapter shall be signed by the applicant, if an individual; partners, if a partnership; or by a duly authorized agent of a corporation or limited liability company, if a corporation or limited liability company. All signatures on the application shall be verified and under oath. Applicants for a liquor license under this chapter shall submit an application to the village on forms provided by the village, along with a nonrefundable filing fee of one hundred dollars ($100.00). Additionally the applicant shall pay the village for the cost of any and all fingerprinting required by the local liquor control commissioner in order to examine the applicant. The application shall contain the following:
1. The name, age and address of the applicant in the case of an individual. In the case of a partnership, the name, age and address of any person who is entitled to share in the profits thereof. In the case of a corporation, the name of the corporation, the date of incorporation, the state of incorporation, copies of articles of incorporation, the names and addresses of the officers, directors, shareholders and whether the corporation is organized as a profit or a not for profit corporation or a limited liability company, and if a not for profit corporation or limited liability company the members thereof.
2. The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization.
3. The character of the business for which the license is intended and whether food for human consumption is to be sold in such place of business.
4. The length of time that applicant has been in a business similar to that for which a license is sought or in the case of a corporation, the date in which its charter was issued.
5. An inventory of goods, wares, merchandise and equipment, on hand solely for the purpose of the business for which the license is applied.
6. The location and description of the premises to be operated under such license and photographs of the interior and exterior, kitchen and dining area of such premises. In the event that the building is not constructed at the time of the application, the plans of the building to be constructed certified by a registered professional.
7. A statement whether the applicant has made similar application for a similar license on premises other than that described in this application and the disposition of each prior application.
8. The date and place of any conviction of crime of the applicant or if a corporation or limited liability company, the date and place of any conviction of a crime of any agent, officer, shareholder or member of said corporation or limited liability company.
9. Whether a previous license issued to an applicant to sell alcoholic liquor has been revoked by any state or any subdivision thereof, or by the federal government with the date and place of such revocation and the reason therefor.
10. A statement that the applicant is completely familiar with the terms and provisions of this chapter, and the state of Illinois liquor control act of 1934 1 .
11. A statement that the applicant is not disqualified from receiving a liquor license by reason of any provision of a law of the state of Illinois or this chapter.
12. A certificate of insurance issued by a reputable insurance carrier insuring the business against dramshop liability under the dramshop laws of the state of Illinois, said certificate to reflect liability insurance under said act in amounts required under the act and be in effect during the term of any license granted or renewed under this chapter.
13. The names and addresses of three (3) references within the village who can attest to the applicant's character and reputation.
14. The name of the person or persons who will manage the business or be the agent of the applicant and supervising the business operation and the residence of said person or persons.
15. The identification of any public office held by the applicant; any partner, if a partnership; any shareholder, if a corporation; any director or member, if a limited liability company or not for profit corporation.
16. A statement that the applicant, its owners, and officers consent to a background investigation, including fingerprinting, and agree to fully cooperate with such investigation and agree to execute releases for the purpose of obtaining relevant information from third parties in connection with said investigation.
17. A statement whether or not the proposed location of the licensed premises is within one hundred feet (100') of any church, school, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military or naval station.
18. A statement whether the applicant or any owner or member of the applicant is the owner of the premises for which a license is sought and if not then the name of the landlord and a copy of the lease valid for the term of the license.
B. Examination Of Applicant: The local liquor control commissioner shall examine or cause to be examined under oath any applicant for a liquor license. The local liquor control commissioner may, but is not required to, hold a public hearing on any application. Notice shall be provided of any public hearing by posting notice of the time, date and location of the hearing at the village hall and by publication in a newspaper published in the village or in general circulation in the village. The local liquor control commissioner shall receive and may require such evidence as he may deem necessary to make findings based on the standards contained in this chapter for the issuance of a liquor license. Within a reasonable time after examining the applicant and receiving such evidence as he determines necessary, the local liquor control commissioner shall issue a written decision stating whether or not a license will be issued to the applicant and any conditions imposed on the applicant in connection with the license. If the application is denied, the local liquor control commissioner shall state the reasons for denial based on the standards contained in this chapter.
C. Standards For Issuance Of A License: The local liquor control commissioner may deny a liquor license if he finds one or more of the following:
1. The issuance of the license would not be in the best interest of the village.
2. The issuance of the license would be detrimental to the general welfare.
3. The application does not contain all of the information, supporting documents and fees required under this chapter.
4. The issuance of the license would be a violation of any law including this chapter.
5. The applicant does not have sufficient financial assets to maintain the proposed liquor establishment.
6. The applicant or in the case of a corporation or limited liability company, any officer, shareholder or member has been convicted of a felony and has not been adequately rehabilitated.
7. The issuance of the license can reasonably be expected to create excessive noise, traffic, parking or litter problems.
8. The applicant or any officer, shareholder or member of the applicant has a history of problems with regard to violations of health regulations, laws and ordinances at a prior establishment owned or managed by the applicant, officer, shareholder or member.
9. The proposed licensed premises does not meet village codes.
10. The issuance of the license can reasonably be expected to create a nuisance.
11. The applicant or any officer, shareholder or member of the applicant has previously had a liquor license revoked or suspended in this or any other state or jurisdiction.
12. The proposed licensed premises does not meet McLean County health codes.
13. In determining whether or not an applicant meets the above standards, the local liquor control commissioner may impose reasonable conditions on the granting of the license and operation of the business. Failure of the applicant/licensee at any time to adhere or perform such conditions shall be considered a violation of this chapter and grounds to suspend or revoke the license. (Ord. 1292, 11-1-2016)
Notes
| 1 | 1. 235 ILCS 5/1-1 et seq., as amended from time to time. |