(A) Approval. The Liquor Control Commissioner shall approve a local liquor license application, and issue a local liquor license to the applicant, upon the occurrence of each of the following:
(1) Receipt of a complete application for a new or renewal local liquor license, in accordance with § 116.030 of this chapter;
(2) Receipt of the recommendations and statement of the Chief of Police pursuant to § 116.031 of this chapter, if applicable;
(3) The determination by the Liquor Control Commissioner that the application satisfies the standards and conditions set forth in this § 116.032; and
(4) Payment of the local liquor license fee for the specific class of local liquor license sought, in the amount set forth in the Annual Fee Ordinance, which fee shall be reduced in proportion to the number of whole calendar months which have expired in the license year prior to the issuance of the local liquor license.
(B) Denial.
(1) Definition. For purposes of this division (B) only, except as expressly provided otherwise, the term APPLICANT shall include the entity or individual named on the application for a local liquor license, as well as all partners, officers, managers, directors, shareholders, and agents of the entity or individual that has applied for a local liquor license pursuant to this chapter; except that the term APPLICANT shall not include the directors of a not-for-profit organization that has applied for a Class D Special Event local liquor license pursuant to this Chapter.
(2) Mandatory denial. The Liquor Control Commissioner shall deny any application for a new or renewal local liquor license that satisfies any of the following conditions:
(a) The applicant is a sole proprietorship of which the sole proprietor does not reside within the Village, or within five miles of the Village, and is not actively engaged in the day-to-day conduct of the business;
(b) Where the applicant is 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 such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the village;
(c) The applicant does not own the premises for which a local liquor license is sought, and does not have a lease for such premises for the full period for which the license is to be issued;
(d) Any law enforcing public official, or any member of the Village Board of Trustees, or the Village Clerk or Village Treasurer, has a direct or indirect interest in the manufacture, sale, or distribution of alcoholic liquor in the Village by the applicant; except that this division (B)(2)(d) shall not be deemed or interpreted as prohibiting the issuance of a local liquor license to a bona fide not-for-profit club or charitable organization, operated by its members, one or more of which members is a law enforcing public official or a member of the Village Board of Trustees;
(e) The applicant has been convicted of a gambling or related offense, in violation of Article 28 of the Illinois Criminal Code of 1961, 720 ILCS 5/28-1 et seq., as amended;
(f) A federal wagering stamp has been issued by the federal government to the applicant or for the premises for which a local liquor license is sought, unless the applicant is eligible for a local liquor license pursuant to the Illinois Raffles Act, 230 ILCS 15/0.01 et seq., or the Illinois Pull Tabs and Jar Games Act, 230 ILCS 20/1 et seq.;
(g) The applicant does not possess a valid policy for dram shop insurance covering the period for which a local liquor license is sought, as required pursuant to § 116.050 of this chapter;
(h) The applicant is a club that has been in operation in the village for less than two years, as of the date of application;
(i) The applicant is the subject of a complaint received by the Liquor Control Commissioner from the Illinois Department of Revenue pursuant to Section 6-3 of the Liquor Control Act (235 ILCS 5/6-3), alleging that the applicant has committed a violation of any tax statute administered by such Department;
(j) The applicant is a club of which any member, officer, agent, or employee is paid or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests, beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club;
(k) The application is for a Class E local liquor license, and the applicant has previously received Class E local liquor licenses authorizing the sale of alcoholic liquor for more than 15 days in the 12-month period preceding the date of application;
(l) The application is for any premises located within 100 feet of any religious institution, school, hospital, home for aged or indigent persons or veterans, their spouses or children, or any military or naval station; except that this division (B)(2)(l) shall not apply to the following:
(i) The renewal of a local liquor license for the sale at retail of alcoholic liquor on any premises located within 100 feet of any religious institution occupied after the date of issuance of the original local liquor license, measured to the nearest part of any building used by the religious institution for worship services or educational programs;
(ii) The renewal of a local liquor license for the sale at retail of alcoholic liquor on any premises located within 100 feet of any school occupied after the issuance of the original local liquor license;
(iii) Religious institutions or private schools that sell alcoholic liquor at retail for limited periods during which groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors; or
(iv) Institutions of higher learning; or
(m) The village has not taken and recorded all fingerprints of the applicant, or the applicant has not paid all required fingerprinting fees, as required pursuant to § 116.031(B) of this chapter.
(3) Permissive denial. The Liquor Commissioner shall have the right, but not the obligation, to deny any application for a local liquor license that satisfies any of the following conditions:
(a) The application is for any premises, or is filed by any applicant, for which a license issued pursuant to this chapter has been revoked;
(b) The applicant has been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, or sale of alcoholic liquor;
(c) The applicant has been convicted of a felony under the laws of the State of Illinois or the United States;
(d) The application is for any premises for which there exists a violation of Chapter 153 of this Code;
(e) The applicant is delinquent in the payment to the village of any tax or payment required pursuant to this code, including, without limitation, any payment for water service or for refuse collection; or
(f) The applicant is not of good character or reputation in the village or in the community in which the applicant resides.
(Ord. 1191, passed 3-20-2017)