No license under this article shall be issued to:
(a) A person who is not a resident of the city, except in the case of railroad or boat licenses.
(b) A person who is not of good character and reputation in the community in which he or she resides.
(c) A person who is not a citizen of the United States.
(d) A person who has been convicted of a felony under any federal or state law, unless the State Liquor Control Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
(e) A person who has been convicted of being the keeper of or is keeping a house of ill fame.
(f) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
(g) A person whose license issued under this article or under the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), as amended, has been revoked for cause.
(h) A person who at the time of application for renewal of any license issued under this chapter would not be eligible for such license upon a first application.
(i) A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license under this chapter.
(j) A corporation or limited liability company, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license under this chapter for any reason other than citizenship and residence within the City.
(k) A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983 (805 ILCS 5/1.01 et seq.) or the Limited Liability Company Act (805 ILCS 180/1-1 et seq.) to transact business in Illinois.
(l) 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.
(m) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), or has forfeited a bond to appear in court to answer charges for any such violation.
(n) 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 to be issued.
(o) Any law enforcing public official, any mayor, alderman, or member of the City Council, or any president or member of a county board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any alderman or member of the City Council in relation to premises that are located within the City if:
(1) The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
(2) The issuance of the license is approved by the State Liquor Control Commission;
(3) The issuance of the license is in accordance with all applicable ordinances in effect; and
(4) The official granted a license does not vote on alcoholic liquor issues pending before the Council.
Not withstanding any provision of this paragraph (o) to the contrary, an alderman or member of the City Council may have a direct interest in the manufacture, sale or distribution of alcoholic liquor as long as he or she is not a law enforcing public official or a mayor. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale or distribution of alcoholic liquor cannot participate in any meetings, hearings or decisions on matters impacting the manufacture, sale or distribution of alcoholic liquor.
(p) A person who is not a beneficial owner of the business to be operated by the licensee.
(q) A person who has been convicted of a gambling offense as proscribed by any provision of 720 ILCS 5/28-l(a)(3) through (a)(11), or as prescribed by 720 ILCS 5/28-] .1 or 28-3, or as proscribed by a statute replaced by any of the aforesaid by statutory provisions.
(r) 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 the Raffles Act (230 ILCS 15/0-01 et seq.) or the Illinois Pull Tabs and Jar Games Act (230 ILCS 20/1 et seq.).
(s) A person who intends to sell alcoholic liquor 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 subsection (a) of Section 6-21 of the Liquor Control Act of 1934 (235 ILCS 5/6-21 (a)).
(t) Any person prohibited from holding a license pursuant to 235 ILCS 5/6-2.
(Ord. 2009-8-1. Passed 8-12-09.)
Statutory reference:
Persons ineligible to be licensed, 235 ILCS 5/6-2