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(A) Designation. The Village President is hereby designated as the Local Commissioner and shall be charged with the administration of the Liquor Control Act and of ordinances and resolutions relating to alcoholic liquor as may be enacted. The President may appoint a person or persons to assist in the exercise of the powers and the performance of the duties provided for in division (B).
(B) Powers, duties, and functions. The Local Commissioner shall have all the powers, functions, and duties with respect to local liquor licenses granted by the Liquor Control Act, including:
(1) To grant and/or suspend for not more than 30 days or revoke for cause all local licenses issued to persons or entities for premises within the Commissioner’s jurisdiction, and to impose fines as set forth herein.
(2) To enter or to authorize any law enforcement officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the Liquor Control Act or this chapter, or any rules or regulations adopted by the Local Commissioner or by the state commission, have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.
(3) To receive complaints from any citizen with the Local Commissioner’s jurisdiction that any of the provisions of the Liquor Control Act or of this chapter have been or are being violated, and to act upon these complaints in the manner provided by law.
(4) To receive local license fees and pay same to the Village Treasurer.
(5) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the state Liquor Control Commission; to examine, or cause to be examined, the books and records of any applicant or licensee or respondent; and to hear testimony and take proof for information in the performance of the Local Commissioner’s duties; and for these purposes, to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the Local Commissioner under this section, the Commissioner may authorize his or her agent to act on his or her behalf.
(6) To order, upon the issuance of a written order, the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period, if the Local Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community; except that 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.
(7) If the village permits club licenses, to notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated the Liquor Control Act by selling or offering for sale at retail alcoholic liquors without a retailer’s license.
Statutory reference:
Powers and duties of Local Commissioners, see 235 ILCS 5/4-2, 4-4, and 4-5
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.
Penalty, see § 111.99
(A) Applications for these licenses shall be made to the Local Commissioner, or the Village Clerk operating in the Commissioner’s behalf, 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 statements and information:
(1) The full name, age, and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the objects for which organized, the names, addresses, date of birth, and place of birth of the officers, directors, all persons owning directly or beneficially more than 5% of the stock of the corporation, and the persons acting as managers or assistant managers of the premises;
(2) The citizenship of the applicant, the applicant’s date and place of birth, and, if a naturalized citizen, the time and place of naturalization;
(3) The character of business of the applicant;
(4) The length of time the applicant has been in business of that character or, in the case of a corporation, the date when its charter was issued;
(5) The amounts 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.
(a) If a leased premises, a copy of the lease shall be provided as required and shall be for a term of sufficient length to encompass the period of the license sought.
(b) The name and address of the owner or owners of the premises and the names and addresses of all the owners of the beneficial interest of any trust if the premises is held in trust;
(7) A statement whether the applicant has made application for a similar or other license on premises other than described in this application, and the disposition of the application;
(8) A statement that the 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 for this state, or the ordinances of this village;
(9) Whether a previous license by any state or subdivision thereof, or by the federal government, has been issued, and, if so, where and when, or if any such license has been revoked the reasons therefor;
(10) The date of incorporation, if an Illinois corporation, or the date of becoming qualified under the Illinois Business Corporation Act to transact business of Illinois if a foreign corporation; and
(11) A statement that the applicant will not violate any of the laws of this state or of the United States, or any ordinance of the village in the conduct of his or her place of business.
(B) All managers and assistant managers for all types of licensed businesses must file applications pursuant to this section as if they were applicants for individual licenses, must meet all pertinent licensing requirements of this chapter, and must be approved by the Local Commissioner. The application, approval, and qualification requirements for managers and assistant managers shall be conditions attached to the license of the business employing them, and any violations of those requirements can result in license penalties for the employing business, including suspension, revocation, or fines.
(C) (1) The Local Commissioner may, in the exercise of his or her discretion, require any applicant for a new village liquor license, or any applicant for a renewal of a village liquor license, to be fingerprinted whether the applicant be an individual or a partnership. Should the applicant be a corporation, the Local Commissioner may, within his or her discretion, require the following to be fingerprinted:
(a) The officers, manager, or director of the corporation; or
(b) Any stockholder or stockholders owning in the aggregate more than 5% of the capital stock of the corporation.
(2) All fingerprinting shall be done by the Police Department. Fingerprints shall be submitted to the appropriate state and federal agencies for processing as available. The cost of fingerprinting shall be paid by the applicant.
(D) The Local Commissioner shall issue a written acceptance or rejection of an application within 60 days of its receipt by the Commissioner or Clerk in his or her behalf; or shall notify an applicant of the reasons for further time being necessary to complete the investigation or processing; or shall schedule a hearing on the application as allowed by 235 ILCS 5/7-9.
Penalty, see § 111.99
Statutory reference:
License applications, see 235 ILCS 5/4-1, 4-7, and 7-1
(A) The fact that an applicant has been convicted of or has been placed on supervision for a drug or alcohol-related offense or suspension of a liquor license in any other jurisdiction shall be considered in the review of an application for any license or renewal thereof, and may be the basis for the denial of the license or renewal of any license hereunder. For purposes of this chapter, ALCOHOL-RELATED OFFENSE includes driving while under the influence of intoxicating liquor, and any offenses involving the possession, transfer, or consumption of alcohol.
(B) Except as otherwise provided in division (C), 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 the person resides;
(3) A person who has been convicted of a felony under federal or state law, unless the State Commission determines that such person will not be impaired by the conviction in engaging in the licensed practice after considering matters set forth in such person’s application in accordance with 235 ILCS 5/6-2.5 and the State Commission’s investigation;
(4) A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution;
(5) A person who has been convicted of pandering;
(6) A person whose license under this chapter or under the Liquor Control Act has been revoked for cause;
(7) 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;
(8) A copartnership, if any general partnership thereof or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in the copartnership, would not be eligible to receive a license hereunder for any reason other than residence within the village, unless residency is required by local ordinance;
(9) 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 5% of the stock of the corporation, 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, unless it is incorporated or organized in this state, or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in this state. The State Commission shall permit and accept from an applicant for a license under the Liquor Control Act (235 ILCS 5) 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 this state;
(11) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required 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 shall have forfeited a bond to appear in court to answer charges for any violation, unless the State Commission determines, in accordance with 235 ILCS 5/6-2.5, that the person will not be impaired by the conviction in engaging in the licensed practice;
(13) A person who does not beneficially 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 issued;
(14) Any law enforcing village public official, officer, or employee or member of any village board or commission; and no official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor except as set out in 235 ILCS 5/6-2(a)(14);
(15) A person who is not a beneficial owner of the business to be operated by the licensee;
(16) A person who has been convicted of a gambling offense as proscribed by 720 ILCS 5/28-1(a)(3) through (a)(12), 28-1.1, or 28-3, or as proscribed by a statute replacing any of the aforesaid statutory provisions;
(17) A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under 230 ILCS 15/0.01 et seq. or 230 ILCS 20/1 et seq.;
(18) 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 235 ILCS 5/6-21(a);
(19) A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this division (B)(19), a person who is licensed by any licensing authority as a MANUFACTURER OF BEER shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer; or
(20) A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this division (B)(20), a person who is licensed by any licensing authority as a MANUFACTURER OF BEER shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
(C) 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, state or local 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, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation. The State Commission shall determine if all provisions of this division (C) have been met before any action on the corporation’s license is initiated.
Statutory reference:
Restrictions on state licensees, see 235 ILCS 5/6-2
No license shall be granted to an applicant until the applicant shall furnish evidence satisfactory to the Local Commissioner that the applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the state insuring the applicant against liability which the applicant may incur under the provisions of 235 ILCS 5/6-21 and specifically designating the village as an additional insured. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license sought.
Statutory reference:
Insurance requirements, see 235 ILCS 5/6-21 et seq.
(A) Each license issued hereunder shall terminate on April 30 following the issuance thereof. Any licensee may renew its license at the expiration thereof, provided that it is then qualified to receive a license, and the premises for which the renewal license is sought are suitable for the 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 Board of Trustees from decreasing or limiting the number of classes of licenses to be issued within the village.
(B) A negotiable instrument received as payment for a license fee, transfer fee, late fee, offer in compromise, pre-disciplinary conference settlement, or fine imposed by order that is dishonored on presentation shall not be considered payment and shall be cause for disciplinary action.
(235 ILCS 5/6-1)
Statutory reference:
License term; renewal, see 235 ILCS 5/6-1 et seq.
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