3-2-4: APPLICATION FOR LICENSE; REQUISITES:

An applicant for a license from the local liquor control commissioner shall submit an application in writing under oath stating:

   (A)   The name, age and address of the applicant, and the name, age and address of every sole owner, general partner, corporate officer, director, manager, and anyone owning five percent (5%) or more of the aggregate limited partner interest or shares of the applicant business entity or parent of the business entity.

   (B)   The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization.

   (C)   The character of business of the applicant. In case of a corporation, the objects for which it was formed.

   (D)   The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.

   (E)   The amount of goods, wares and merchandise on hand at the time application is made.

   (F)   The location and description of the premises or place of business which is to be operated under such license.

   (G)   A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application.

   (H)   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 the Illinois liquor control act.

   (I)   Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.

   (J)   That applicant will not violate any of the ordinances of the village or of the laws of the state or of the United States in the conduct of his place of business.

   (K)   That applicant has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period of not to exceed 30 days, as expressly permitted under section A of 235 Illinois Compiled Statutes 5/6-1 of the Illinois liquor control act), directly or indirectly from any manufacturer, importing distributor or distributor representative of any such manufacturer, nor be a part in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of 235 Illinois Compiled Statutes 5/6-1 of the Illinois liquor control act.

   (L)   That such applicant and the premises are covered by a policy of dramshop, or host liability, insurance, as applicable, issued by a responsible insurance company authorized and licensed to do business in the state of Illinois insuring such applicant against liability which such applicant may incur under the provisions of 235 Illinois Compiled Statutes 5/6-21, and specifically designating the village of Lisle as certificate holder. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the entire period of the license sought. All applicants shall be required to attach a certificate of insurance coverage to said application.

   (M)   The classification of the license for which application is made.

   (N)   1.   The date of incorporation, if an Illinois corporation, or the date of becoming qualified under the Illinois business corporations act, to transact business in Illinois if a foreign corporation.

      2.   All managers of the premises to be operated under such license must file documents entitled "statement of manager", providing information necessary for the local liquor commissioner's determination. Any and all persons who become managers during the application process or during the term of the license must also file a "statement of manager". Failure to do so will be grounds for revocation or suspension of the license.

   (O)   The commissioner may, within 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. Should the applicant be a partnership corporation, the commissioner may, within his or her discretion, require the following to be fingerprinted:

      1.   The officers, manager or director of the corporation, or any stockholder or stockholders owning in the aggregate of more than five percent (5%) of the capital stock of said corporation.

Any general partners or any limited partners of a partnership owning more than five percent (5%) of the aggregate limited partner interest in such partnership.

      2.   All such fingerprinting shall be done by the village Police Department. Said fingerprints shall be submitted to the appropriate state and/or federal agencies for processing as available. The cost of fingerprinting shall be recoverable from applicant.

In addition to the foregoing information, such application shall contain such other and further information as the Illinois liquor control commission and local liquor control commissioner may by rule or regulation not inconsistent with law prescribe.

If said application is made on behalf of a partnership, firm, association, club or corporation, then the same shall be signed and sworn to by at least two (2) members of such partnership or the president and secretary of such corporation.

All applications shall be upon forms provided by the village. (Ord. 617, 1-22-1976; amd. Ord. 87-1594, 9-8-1987, eff. 1-1-1988; Ord. 96-2802, 8-5-1996; Ord. 2010-4342, 10-4-2010; Ord. 2022-4978, 9-19-2022; Ord. 2022-4984, 11-7-2022)

3-2-5: EXAMINATION OF APPLICANT:

The local liquor control commissioner shall have the right 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 has been served in the manner hereinafter provided, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof of his information in the performance of his duties, and for such purpose 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 liquor control commissioner under this section, he may authorize his agent to act on his behalf. (Ord. 617, 1-22-1976)

3-2-6: CLASSIFICATION OF LICENSES:

All liquor licenses shall be of the following classes:

CLASS 1 - Tavern	Class 1 licenses shall authorize the retail sale of all alcoholic liquors to be consumed on the premises designated therein, and the retail sale of alcoholic liquors only in original packages, unopened, for consumption off the premises, whereby the licensed establishment operating on the premises meets the definition of a "tavern" as stated in section 3-2-1 of this chapter.
CLASS 2 - Retailer; All Alcohol On Premise Consumption & Off-Premise Packaged	Class 2 licenses shall authorize the retail sale of all alcoholic liquors on the premises designated therein for consumption on said premises, and the retail sale of all alcoholic liquors in their original packages, unopened, for consumption off the premises.
CLASS 3 - Retailer; Wine & Beer On Premise; Off-Premise Packaged	Class 3 - Retailer; Wine & Beer On Premise Consumption & Off Premise Packaged Class 3 licenses shall authorize the retail sale of wine & beer on the premises designated therein for consumption on said premises, and the retail sale of wine & beer in their original packages, unopened, for consumption off the premises.
CLASS 4 - Retailer; All Alcohol, Off-Premise Packaged	Class 4 licenses shall authorize the retail sale of all alcoholic liquors in their original, unopened packages, on the premises designated therein, but not for consumption on said premises. Tastings may be held in accordance with subsection 3-2-17(E) of this chapter.
CLASS 5 - Retailer; Wine & Beer Off Premise Packaged	Class 5 licenses shall authorize the retail sale of wine and beer in original packages, unopened, for consumption off the premises. Tastings may be held in accordance with subsection 3-2-17(E) of this chapter.
CLASS 6 - Specialty Retailer; All Alcohol, Off Premise Consumption	Class 6 licenses shall authorize the retail sale of alcohol liquors for consumption in connection with an off-site catering business operating within the village or in connection with the sale of a basket, defined as a decorative gift container the purpose of which is to hold an arrangement of gift items. The sale of alcohol in a basket is merely an adjunct to the sale of flowers, plants, candies, chocolates or similar gift items and is not for consumption on the premise where sold.
CLASS 7 - Manufacturer; All Alcohol, On Premise Consumption & Off Premise Packaged	Class 7 licenses shall authorize the retail sale of alcoholic liquor for consumption on the premises and the sale of beer manufactured on the premises in its original package for consumption off the premises. The licensee shall:
	(A)   Maintain accurate records as to the total gallons of beer manufactured on the premises and sold for consumption off premises, and provide such records to the local liquor control commissioner or village staff upon request;
	(B)   Segregate the portion of the licensed premises dedicated to the manufacturing of beer from the remainder of the premises, restricting public access to the manufacturing area except during supervised tours;
	(C)   Comply with all applicable federal, state and local laws and regulations, including, but not limited to, payment of applicable taxes, procurement of any required federal brewer's notice, Illinois manufacturer's liquor license, Illinois craft brewer's license, and all other required licenses and permits concerning manufacture, packaging, storing, sale, and distribution of alcoholic beverages.
CLASS 8 - Civic Organization; All Alcohol On Premise Consumption	Class 8 licenses shall authorize the retail sale of alcoholic liquor on the premises designated therein, for consumption on the premises only, by incorporated clubs not for pecuniary profit, public park districts, by a college or university when groups are assembled for a common purpose other than the sale or consumption of alcohol, or by institutions at affiliated residential facilities.
CLASS 9 - Special Event; All Alcohol On Premise Consumption	Class 9 licenses shall authorize the retail sale of all alcoholic liquor for consumption on the premises of special events including, but not limited to, festivals, carnivals, or fundraising events. A Class 9 license shall not exceed six consecutive days, nor for more than twelve days in any twelve month period. A class 9 license shall only be issued to educational, fraternal, political, civic, religious or not for profit organizations or current Illinois liquor license retailers who do not hold a village of Lisle liquor license.
CLASS 10 - Bring Your Own; All Alcohol Consumption On Premises	Class 10 licenses shall authorize the licensee to permit individuals that are at least 21 years of age to bring their own wine or beer to a premise for consumption within that establishment subject to the following additional regulations and controls: (A)   A licensee shall not sell, serve or otherwise provide alcoholic liquors to any member or members' guest at any time. (B)   A licensee shall be responsible for ensuring that no persons under 21 years of age are in possession of wine or beer or consume BYO wine or beer at any time at the premises. (C)   The availability and sale of prepackaged snacks will be available at all times that wine and beer are authorized to be consumed at the premises. (D)   No employee shall serve, pour or otherwise handle a members or members' guests BYO wine or beer.

 

(Ord. 2013-4471, 1-21-2013; amd. Ord. 2013-4505, 10-21-2013; Ord. 2015-4582, 6-1-2015; Ord. 2015-4607, 9-14-2015; Ord. 2019-4807, 2-4-2019; Ord. 2021-4893, 2-15-2020; Ord. 2022-4978, 9-19-2022; Ord. 2022-4984, 11-7-2022; Ord. 2025- 5129, 2-17-2025)

3-2-7: LICENSE FEES:

The amount of the initial first time application fee and annual license fee for each class of license shall be as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.

All such fees shall be paid to the village at the time application is made. In the event the license applied for is denied due to the lack of an available license, both the initial first time application fee and the annual fee shall be returned to the applicant. If the license is denied or not issued for any reason other than lack of an available license, the initial first time application fee shall be retained by the village and the annual fee shall be returned to the applicant.

If the license is granted, then both fees shall be deposited.

When application is made for an initial license after July 1 of any calendar year, and such applicant has not engaged in the business of alcoholic liquor sales prior to July 1 of said year, the annual license fee shall be fifty percent (50%) of the amount provided therefor in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. The initial first year application fee shall not be prorated.

There shall be no refund of any portion of the annual license fee imposed under this chapter for any period of time during which the licensee ceases to engage in selling alcoholic liquor for any reason.

The application fee for a new manager of an existing liquor license retailer shall be as established in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. (Ord. 2009-4260, 7-20-2009; amd. Ord. 2021-4921, 9-20-2021; Ord. 2022-4978, 9-19-2022)

3-2-8: NUMBER OF LICENSES ISSUED:

   (A)   Determination of Licenses Issued: The mayor and village board of trustees shall by motion and majority vote determine the number of licenses to be issued in each class.

   (B)   Renewal and Expiration: In the event a license is not renewed at the expiration thereof or is surrendered by the licensee at any time, then a license in the same class and for the same location as that license shall be available for a period of thirty (30) calendar days from the date of surrender or expiration of the license. At the expiration of the thirty calendar days, the license will no longer be available for issuance without approval of the mayor and village board of trustees. All terms, conditions and fees as set forth in this code shall apply to a license issued pursuant to this section. Nothing in this section shall prevent the village mayor and board of trustees from decreasing the number of licenses issued in the village or shall be construed as creating a vested right in the issuance of a license.

   (C)   Change In Class: Requests from a current liquor license holder to change from a class that allows for the retail sale of all alcoholic liquors to a class that allows for the retail sale of wine, and beer only may be granted by the local liquor control commissioner without village board approval as long as all other terms of the new class are the same or more restrictive than the previous class. (Ord. 2008-4172, 1-7-2008; amd. Ord. 2022-4978, 9-19-2022)

3-2-9: CONDITIONS OF LICENSE:

   (A)   Nature of License; Nontransferable, Refund: A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter and in the Illinois liquor control act provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this subsection.

   (B)   Changes in Ownership or Personnel: Any and all changes in officers, directors, managers, or changes involving five percent (5%) or more ownership interests in limited liability companies, partnerships or corporate liquor license holders shall be reported in writing to the village of Lisle Clerk's Office within ten (10) days of said change. All new officers, owners, directors or managers shall meet all of the standards of this chapter, shall pay an application fee and shall be subject to review by the local liquor control commissioner. Any change resulting in an ownership interest by an individual not eligible to hold a liquor license, shall terminate such license. Any ownership change resulting in new ownership interests totaling more than fifty percent (50%) results in the termination of the liquor license. All sales of liquor must cease until a new license has been issued based on the submittal of a new application and related fees as indicated in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.

   (C)   Term of License: Each such license (except class 9 licenses) shall terminate on December 31 of the year for which it is issued, unless terminated at an earlier date for failure to maintain adequate dramshop insurance or by reason of any other action by the local liquor control commissioner. The annual fee to be paid shall be paid on or before twelve o'clock (12:00) noon on the last business day of the second full week of December of the year preceding the year for which such license is issued. There shall be a penalty of fifteen percent (15%) of the annual fee assessed for late payment of the annual fee.

   (D)   Renewal: A licensee may renew his license at the expiration thereof only if he is qualified to receive a license and the premises for which such renewal license is sought is suitable for such 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 village president and board of trustees from decreasing the number of licenses to be issued within the village.

   (E)   Licensing Conditions: The following shall be express conditions of the granting of any license hereunder:

      1.   Every licensee seeking to renew a license after January 1, 1993, and every applicant for a new license after January 1, 1993, shall submit to the local liquor control commissioner the proof of insurance as more fully set forth in subsection 3-2-4(L) of this chapter, said proof to be furnished at the time of application for renewal or for a new license. The insurance shall be an annual policy covering the full license period, stating on its face or within the certificate of insurance to be attached thereto, that the insurance is in force for said period and that no cancellation, rescission or revocation of said insurance shall take place unless and until said insurer provides to the village local liquor control commissioner ten (10) business days' notice of such impending cancellation, rescission or revocation. In addition, a duplicate of said notice shall be provided by said insurer to the village.

      2.   Every licensee whose dramshop or host liability insurance has either lapsed or been revoked, terminated, canceled or suspended, and every licensee who has received oral or written notice of such lapse, revocation, termination, cancellation or suspension shall immediately notify the local liquor control commissioner of such occurrence. Failure to provide such notification will be grounds for the exercise by the local liquor control commissioner of his emergency powers as more fully set forth in subsection 3-2-2(B)4 of this chapter, or as set forth under any other provision in this chapter.

      3.   Upon notification that a licensee's dramshop or host liability insurance has lapsed or has been revoked, terminated, canceled or suspended, the local liquor control commissioner may invoke emergency powers as set forth in subsection 3-2-2(B)4 of this chapter, or in his discretion, may invoke his powers as set forth in section 3-2-20 of this chapter, and shall take appropriate steps to terminate the license held by the uninsured licensee. Any license so terminated may be reinstated, and any license threatened with termination may be brought into compliance with the provisions of this chapter, without further cost to the licensee, by submitting to the local liquor control commissioner proof of renewal of previously held insurance or reinsurance under the terms of a new policy. All such renewal or reinsurance shall comport with the requirements of subsection 3-2-4(L) of this chapter.

   (F)   Fingerprinting: Each applicant shall, within thirty (30) days of a request made by the village, submit said fingerprints to the village. Failure to comply with this subsection shall be cause for revocation or suspension of a liquor license.

   (G)   Reporting of Violations: Every licensee and every officer, agent or employee thereof shall have an affirmative duty to immediately notify the village police department upon the occurrence of either a violation of law which is taking, or has taken, place upon the licensed premises or a threatened or actual physical altercation between any two (2) or more persons upon the licensed premises. The failure of a licensee, officer, agent or employee to so notify shall constitute cause for suspension or revocation of the licensee's liquor license. For the purpose of this subsection "licensed premises" shall include, but is not limited to, any building, structure, parking lot or vacant area directly or indirectly related to the retail sale of alcoholic liquor.

   (H)   Access to Licensed Premises: The licensee or officer, agent or employee thereof, shall immediately allow access to any law enforcement officer wishing to enter the premises. The failure to comply with any provision of this subsection shall constitute cause for suspension or revocation of the licensee's liquor license.

   (I)   Owner or Manager on Duty: An owner, manager, assistant manager, or temporary manager must be on duty on the licensed premises during all hours of operation.(Ord. 541, 11-19-1974; amd. Ord. 86-1378, 1-20-1986; Ord. 87-1594, 9-8-1987, eff. 1-1-1988; Ord. 88-1721, 9-6-1988; Ord. 92-2338, 12-7-1992; Ord. 93-2371, 3-15-1993; Ord. 95-2713, 12-4-1995; Ord. 2010-4342, 10-4-2010; Ord. 2021-4921, 9-20-2021; Ord. 2022-4978, 9-19-2022; Ord. 2022-4984, 11-7-2022)