Loading...
This chapter shall be published in book or pamphlet form. The City Clerk hereby is authorized by the City Council to make such publication, and have printed not less than 100 copies of the same, three of which shall at all times be kept on file in the office of the City Clerk and be available for public use and examination in the Clerk's office.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
LICENSES AND PERMITS
(A) The Mayor shall be the Local Liquor Control Commissioner and shall have the powers, functions and duties conferred and imposed by applicable provisions of Sections 2, 3, 4 and 5 of Article N of the Liquor Control Act, Section 20 of Article VI, and of other applicable provisions of said Liquor Control Act, hereby adopted by reference thereto and made a part of this section.
(B) The phrase “provisions of this Act,” as used in said Section 3, Article IV of the Liquor Control Act, shall be construed to include provisions of this chapter.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
(A) It shall be unlawful for any person, either by himself, herself, or agent, or any person acting as an agent, barkeeper, clerk or servant of another, to sell, display, or offer for sale at retail in the city any alcoholic liquor, without first having obtained a license or permit so to do as hereinafter provided, and it shall likewise be unlawful for any such person to sell or offer for sale any alcoholic liquor, in violation of the terms and conditions of such license or permit.
(B) The word “person,” as used in this section, means any individual, partnership, club, association or corporation.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
Applications for a license or permit shall be made in writing to the Local Liquor Control Commissioner, signed by the applicant, if an individual; by all partners, if a partnership; or by a duly authorized officer thereof, if a club or corporation; verified by affidavit, and shall be submitted and filed with the Local Liquor Control Commissioner, and shall contain the following information and statements:
(A) The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; and in the case of a corporation; for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or his or her nominees, the name and address of such person;
(B) The citizenship of the applicant, his or her place of birth and if a naturalized citizen, the time and place of his or her naturalization;
(C) The character of business of the applicant; and in case of a corporation, the objects for which it was formed;
(D) The length of time that the 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, and that the licensee owns said premises or has a lease thereon for the full term for which the license is requested. In the event the applicant has a lease for the premises, a photostatic copy of the lease shall be attached to the application;
(G) A statement whether applicant has made similar application for a similar other license or permit on premises other than described in this application, and the disposition of such application;
(H) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license or permit by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of this city.
(I) Whether a previous license or permit by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefore;
(J) A statement of the length of time the applicant has resided in the city and in the State of Illinois prior to the submission of the application;
(K) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the city, in the conduct of his or her place of business; and
(L) In addition to the foregoing information, such application shall contain such other and further information as the Local Liquor Control Commissioner may by rule or regulation, not inconsistent with law, prescribe.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
(A) For a new liquor license or permit (with exception of a class “T” license), an applicant shall deliver, along with a completed application, a non-refundable fee in the amount of $100. If the application is approved, the fee will be credited toward the cost of the license.
(B) Applications are valid for a period of six months from the date they are filed with the City Clerk. If the applicant is unable to meet the license or permit requirements within the application period, the application fee is forfeited and a new application must be completed (with a new application fee) before the applicant will be reconsidered for a liquor license or permit. Allowance is made for special circumstances, however. If the applicant can show evidence that the six-month limit is a hardship and if they contact the Local Liquor Control Commissioner within the initial six-month application period, they can be granted, in writing by the Local Liquor Control Commissioner, an extension of not more than six additional months.
(C) Renewals are not subject to the six-month application period and are not required to submit the $100 application fee.
(D) Before a new liquor license or permit may be issued, the following requirements must be met:
(1) A valid, signed application must be completed and filed with the City Clerk.
(2) An Application fee of $100 must be remitted (for all except a new Class A and B1 - the application fee is $5,000, new Class D2 - the application fee is $2,500 and Class T has no application fee).
(3) Applicant must complete the waiver for background check and personal history form.
(4) The background check must not reveal any history that would not allow the applicant to hold a liquor license or permit in the city.
(5) Applicant must own a business that is open to the public, a business that is preparing to open to the public, or provide a letter of intent of a business opening and show significant progress toward that opening.
(6) Provide a license and permit bond in the amount of $500 payable to the city.
(7) Provide proof of ownership/control of the property in the form of a purchase contract or lease agreement.
(8) Any valid license for the property that has been issued to another license holder must be surrendered.
(9) All fees for the license or permit must be paid according to the conditions stated herein.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006- 5214, passed 1-17-2006; Am. Ord. 2015-5378, passed 5-19-2015)
Evidence of dram shop liability insurance covering the entire period of the license in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Illinois. The certificate shall insure applicant and owner or lessor of the premises in such amounts as may be required by the Illinois Liquor Control Act, or in an amount of not less than $ 1,000,000, whichever amount is greater. The certificate shall be submitted to the Local Liquor Commissioner upon application for or renewal of the liquor license.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006- 5214, passed 1-17-2006; Am. Ord. 2011-5333, passed 11-15-2011)
Subject to the limitations and restrictions herein set forth and all other lawful limitations and restrictions, the Local Liquor Control Commissioner may from time to time grant licenses or permits for the retail sale of alcoholic liquor within the corporate limits of the city to the person required to obtain a license or permit under § 114.16 hereof and eligible to hold a license or permit under this chapter, provided, however, that proper and prescribed application therefore be made in writing and be supported by sufficient evidence to satisfy the Local Liquor Control Commissioner of the eligibility of applicant to hold a license or permit.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
No license or permit shall be issued to any such person declared to be ineligible to license or permit under the applicable provisions of Sections 2, 8, 8a or 21 of Article VI of said Liquor Control Act of the State of Illinois, hereby adopted by reference thereto and made a part of this section.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
Loading...