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(A) Application generally. Applications for local liquor licenses shall be made to the Commissioner on a form prescribed by the Commissioner; shall be in writing; shall be signed by the applicant if an individual, or by one of the partners on behalf of all partners if a partnership, by a member or manager of a limited liability company, or by a duly authorized agent if a corporation; and shall be verified by an oath or affidavit. Each application shall specifically identify the applicant and the licensed premises to which a local liquor license would be issued, and the filing of an application shall authorize the Local Liquor Commissioner or the Commissioner’s agents to conduct all necessary or appropriate background checks of the applicant and its agents, owners and representatives.
(B) Background information. Each application shall include the following background information:
(1) The name, age, address and Social Security number of the applicant; in the case of a partnership, all partners and also of the persons entitled to share in the profits thereof; in the case of a corporation or club, the names and addresses of the officers and directors and every person owning or controlling more than 5% of the voting shares of stock or the ownership interest; in the case of a limited liability company, all members and managers;
(2) In the case of an individual, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization. In the case of a corporation, the date and place of incorporation and the objects for which it was formed and proof that it is a corporation in good standing and authorized to conduct business in the state;
(3) The character of business of the applicant;
(4) The length of time that the applicant has been in the business of the character specified in response to division (B)(3) above;
(5) The amount of goods, wares and merchandise on hand at the time application is made;
(6) The location and description of the premises for which a local liquor license is sought and the specific name of the business that is to be operated under such local liquor license;
(7) The names of each governmental body from which the applicant (and all other persons identified in division (B)(1) above) has received a liquor license within ten years immediately prior to the date of the present application; and
(8) A telephone number or numbers at which the licensee or the manager can be contacted 24 hours per day.
(C) Statements required.
(1) For any license or renewal of a license, the applicant shall be required to make statements regarding such applicant and all persons to be identified pursuant to division (B)(1) above. If the applicant is an individual, that individual shall subscribe to all of the statements set out below. If the applicant is a partnership, each partner shall subscribe to all of the statements set out below; provided, however, that if the applicant is organized as a limited partnership, then the statement concerning active involvement provided in division (C)(2)(q) below shall be required only of all general partners. If the applicant is a corporation, each director and officer thereof and every person owning or controlling more than 5% of the voting shares or the ownership interest of such corporation shall subscribe to all of the statements set out below. If the applicant is a limited liability company, each member and manager shall subscribe to all of the statements set out below.
(2) If the business for which a local liquor license is sought will be managed by a manager or agent, every such manager or agent shall subscribe to all of the statements set out below. The submission of false information in regarding the following statements shall be grounds for denial, revocation or non-renewal of a liquor license:
(a) A statement as to whether or not the applicant has a current, valid state liquor license for the premises covered by the application;
(b) A statement as to whether or not the applicant has ever been convicted of a felony under any federal or state law;
(c) A statement as to whether or not the applicant has ever been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, sale or dispensation of alcoholic liquor or has ever forfeited his or her bond to appear in court to answer charges for any such violation;
(d) A statement as to whether the applicant has ever been convicted of a gambling offense as proscribed by any state or federal law or regulation or has ever forfeited his or her bond to appear in court to answer charges for any such violation;
(e) A statement whether the applicant has made similar application for a similar license for a premises other than described in the application, and the disposition of such application;
(f) A statement as to whether or not the applicant has had revoked any liquor license issued under state or federal law or under the ordinances of any municipality within ten years immediately prior to the date of the present application;
(g) A statement as to whether or not the applicant has had suspended more than once any liquor license issued under state or federal law or under the ordinances of any municipality within one year immediately prior to the present application;
(h) A statement as to whether or not the applicant is a city employee or a law enforcing official of the city or any other government or government agency;
(i) A statement as to whether or not the applicant has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;
(j) A statement as to whether or not a federal gaming device stamp has been issued for the current taxable year with respect to the premises for which the local liquor license is sought;
(k) A statement as to whether or not the premises for which a local liquor license is sought comprises a store or other place of business where the majority of customers are under the age of 21 years or where the principal business transacted consists of the sale of school books, school supplies, food, lunches or drinks for such customers;
(l) A statement as to whether or not the retail sale of alcoholic liquor on the premises for which a license is sought will violate any provision of this code, including this chapter;
(m) A statement as to whether or not the premises for which a license is sought is within 100 feet of any church building used for worship or educational purposes, school (other than an institution of higher learning), hospital, senior citizen housing, daycare center, nursing or personal care facility or any military or naval station;
(n) A statement as to whether or not the applicant is a permanent resident of the city; or for any applicant that is partnership, all of the general partners of the partnership are residents of the city;
(o) A statement as to whether or not the applicant beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued;
(p) A statement as to whether or not the applicant is the beneficial owner of the business to be licensed;
(q) A statement as to whether or not the applicant will be personally and actively involved in the operation of the business to be licensed;
(r) A statement as to whether or not the business is or will be managed by a manager or agent;
(s) A statement as to the nature of the business and the amount of anticipated alcoholic liquor sales as a percentage of gross annual sales of the business;
(t) A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of the state, this chapter or any other code or ordinance of the city;
(u) A statement that the applicant will not violate any federal or state laws, this chapter or any other code or ordinance of the city in the conduct of the applicant’s business;
(v) If the applicant is a foreign corporation, a statement as to whether or not it is qualified under the State Business Corporations Act of 1983, 215 ILCS 125/3-1 et seq., to transact business in the state;
(w) If the business to be operated pursuant to the local liquor license is operating under an assumed name, a statement that the applicant has complied with the state assumed business name act and other applicable laws; and
(x) Such other statements or information as may be necessary to demonstrate that the applicant, the applicant’s business and the premises from which such business will be conducted satisfy all conditions and requirements applicable to the local liquor license being sought.
(D) Examination of applicant. At any time during the pendency of an application, the Commissioner shall have the right to compel the applicant to submit to any examination and to produce any books and records which, in the judgment of the Commissioner, are material to the determination of whether the applicant and the applicant’s business are qualified to receive a local liquor license or whether the premises sought to be licensed is suitable for such purposes. The Commissioner shall also have the right to require the applicant to answer any charges made in any objection to the issuance of the license. The failure of any applicant to appear at the time and place fixed by the Commissioner for his or her examination or to produce books and records requested, unless for good cause shown, shall be deemed to be admission that the applicant is not qualified to receive a local liquor license and a request to withdraw the application.
(E) Investigation and disclosure of information contained in application; waiver of claims. By applying for, or providing information in support of an application for, a local liquor license, every person so applying or providing information thereby:
(1) Authorizes any person to disclose, and the city to investigate, all information pertaining to such application;
(2) Waives any and all claims against the city; and
(3) Agrees to indemnify and hold harmless the city and its elected and appointed officials, officers, boards, commissioners, attorneys, employees, agents and representatives from any and all claims resulting from, or arising out of, or alleged to result from or arise out of the processing of such application and any investigation related thereto. Each such person shall consent to and sign any written authorization, waiver and indemnification agreement as the city may require in connection with the processing of such application and any investigation related thereto, but no such separate authorization, waiver, or indemnification shall be required to make effective the terms of this division (E)(3).
(F) Denial or issuance of license. If after review of an application and all relevant facts, the Commissioner determines that the application should be denied, the Commissioner shall notify the applicant within a reasonable time, in writing, stating the reasons for the denial, but otherwise shall issue the local liquor license as soon as all fees required by this chapter have been paid and all other requirements of this chapter have been satisfied.
(G) Supplemental information following issuance. Any change in information provided on, or in connection with, any application for a local liquor license that does or might affect the right of any licensee to continue to hold a local liquor license shall be reported in writing to the Commissioner within ten days after the change. All such changes shall be subject to review and approval by the Commissioner in the same manner as the original application. When any such change affects the ownership of any partnership licensee or any director, officer, manager or person owning or controlling more than 5% of the shares of any corporate licensee, all such persons that have not previously submitted information pursuant to the application process shall, within ten days after such change, submit all information required of a new applicant.
(H) Mandatory alcohol awareness training.
(1) It shall be the responsibility of each licensed establishment which sells alcoholic liquor to provide certified training from the state licensed beverage alcohol seller server education training (BASSET) program or training for intervention procedures (TIPS) program to its liquor managers, bartenders, servers and any other employee involved in the furnishing of alcoholic beverages to its customers.
(2) It shall be the responsibility of each licensed establishment which sells alcoholic liquor for consumption on the premises to have present on the premises at all times when alcoholic liquor may legally be sold, a manager or other employee in charge of such establishment who shall have successfully completed a training program for servers and sellers licensed by the State Department of Alcohol and Substance Abuse and approved by the Commissioner.
(3) The initial application and all subsequent renewal applications for all classes of alcoholic liquor dealer’s licenses shall be accompanied by proof of completion (copy of certificate) of such program licensed by the state by all liquor managers and such other current employees as are necessary to comply with the provisions of division (H)(1) above.
(I) Application fee. Any application shall be accompanied by a non-refundable administrative processing fee as set out in the fee schedule for new licenses, or a fee as set out in the fee schedule for renewal licenses. Applications for change in owners or officers shall be subject to a fee of $100 or such greater amount as set out in the fee schedule.
(Prior Code, § 4-16) (Ord. 2013-26, passed 5-20-2013; Ord. 2016-09, passed 2-16-2016)