(A) There shall be a 30-day waiting period before the issuance of a license for retail sale of alcoholic liquor in order to provide sufficient time for a background check of the applicant. The 30-day period shall begin to run upon the receipt of a properly completed application by the Commissioner.
(B) An application for a liquor license shall be made in conformity with the provisions of this chapter. The office of the Auditor shall forward the application to the Commissioner who shall assist the Commissioner in the exercise of his or her powers and the performance of his or her duties as Local Liquor Control Commissioner.
(C) In the case of an applicant who is an individual, the application shall be in writing, verified by oath or affidavit and signed by the applicant.
(D) In the case of a co-partnership, corporation or trust, the information and statements required by this section shall be furnished at least as to each partner, as to the president and secretary of the corporation, and as to the trustee.
(E) In the case of an application on behalf of a co-partnership, firm, association, club or corporation, the application shall be in writing, verified by oath or affidavit, and signed by at least two members of the co-partnership, firm, association or club; or by the president and secretary of the corporation; or by the trustee.
(F) Said application shall include the following statements and information:
(1) The applicant’s name, residence address, current telephone number, sex, date of birth, Social Security number, position and percentage of ownership in the business; and the name, sex, date of birth, Social Security number, position and percentage of ownership in the business of every sole owner, co-partner, trustee, corporate officer, director, manager, authorized agent and any person who directly or beneficially holding 5% or more of the shares of the applicant business entity or parent corporations of the applicant business entity;
(2) In the case of a co-partnership, the date of the formation of the partnership; in the case of an Illinois corporation or club, the date of its incorporation; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Business Corporation Act, 805 ILCS 5/1.01 et seq., to transact business in the state; in the case of a trust, the date of its creation;
(3) The citizenship of the applicant, place of birth and, if a naturalized citizen, the time and place of naturalization and length of residence in this county;
(4) The name and address of the applicant’s business; and in the case of a corporation, club or trust, the address and telephone number of its principal office or place of business;
(5) The character of business of the applicant, and in the case of a corporation, club or trust, the object for which it was organized or created; 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;
(6) The name and address of the owner, managing agent or trustee of the premises if the premises are being purchased under a contract for deed, are being leased or are held in trust;
(7) The location and description of the premises or place of business which is to be operated under such license;
(8) The applicant’s retailer’s occupation tax (ROT) registration number;
(9) The applicant’s document locator number on the federal special tax stamp;
(10) A statement as to whether the applicant has made application for a similar license on the same premises described in the application, and the disposition of such application;
(11) A statement as to whether the applicant has made application for a similar license on premises other than those described in the application, and the disposition of such application;
(12) A statement as to whether the applicant has ever been convicted of any of the following:
(a) A felony;
(b) A gambling offense;
(c) A violation of law concerning the manufacture, possession or sale of cannabis, narcotics or other controlled substances; and
(d) A violation of law concerning the manufacture, possession or sale of alcoholic liquor.
(13) A statement as to whether the applicant is disqualified to receive a license by reason of any matter or thing contained in state law or in this chapter;
(14) A statement as to whether any previous license for the sale of alcoholic liquor issued by the federal government; by any state, or subdivision thereof; or by any county, municipal or village government has been revoked, and the reasons for such revocation; and
(15) A statement that the applicant will not violate any of the laws of the state, or of the United States, or any provision of this chapter in the conduct of business.
(G) At the time of filing an application for a liquor license and upon the payment of all applicable license fees, the applicant must produce a policy of insurance (dramshop) in a solvent and responsible company authorized to do business in the state insuring said licensee against liability for any injury, death or property loss or damage which said licensee may incur while operating under the provisions of the Illinois Liquor Control Act and this chapter.
(1) Said policy of insurance must be issued with policy limits of $30,000 dollars per occurrence for the loss or damage of any person’s property, $30,000 per occurrence for the injury of any person and $40,000 per occurrence for loss of means of support resulting from the death or injury of any person; or, with a combined single limit of $100,000 per occurrence.
(2) Each applicant must produce a certificate of such insurance indicating that the insurer will notify the Commissioner of any cancellation of said insurance policy no less than ten days prior to cancellation of such insurance policy for any reasons.
(3) The term of the insurance policy must be co-extensive with the term of the liquor license.
(4) Termination or lapse of the licensee’s insurance (dramshop) coverage shall be grounds for the revocation of such license.
(H) File an affidavit with the office of the Auditor disclosing any outstanding debt owed by the applicant to the county or state. If the applicant is a co-partnership, then this disclosure requirement shall apply to every person entitled to a share in the profits thereof. If the applicant is a trust, then this shall apply to the trustee and trust. If the applicant is a corporation for profit, the disclosure requirements of this subdivision shall apply to the corporation and all shareholders owning more than 5% of the shares of the corporation applicant.
(1993 Code, § 70.13) (Ord. 93-09, passed 12-15-1993; Ord. 94-16, passed 11-16-1994; Res. passed 2-17-2010)
Statutory reference:
Application for state license; license application fee, see 235 ILCS 5/7-1 and 7-2