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The Local Liquor Control Commissioner shall keep or cause to be kept a complete record of all such licenses or permits issued by him or her, and shall furnish the City Clerk a copy thereof. Upon the issuance of any new license, or the revocation of any old license, or the suspension of any license, the Local Liquor Control Commissioner shall give written notice thereof to the City Clerk within 48 hours of such action, and shall keep such record and give such notice as required by the Liquor Control Act 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)
The location described in the license and application may be changed only upon a written permit to make such change issued by the Local Liquor Control Commissioner, and only then if the proposed new location is a proper one for the retail sale of alcoholic liquor under the ordinances of the city and the laws of the State of Illinois. Such permit fee shall be $25.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
(A) A license or permit issued under this chapter shall be good for a period of not to exceed the end of the semi-annual period of the calendar year next following its issuance, unless sooner revoked as herein provided, and shall permit the sale of alcoholic liquor on or in the premises described in the application, license or permit, and only under the conditions and restrictions imposed in this chapter on the particular class of license or permit described herein.
(B) A license or permit issued under this chapter shall be purely a personal privilege 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 or permit shall not descend by the laws of estate or intestate devolution, but shall cease upon the death of the licensee or permittee; provided, that executors or administrators of the estate of any deceased licensee or permittee and the trustee of any insolvent or bankrupt licensee or permittee, 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 the deceased or insolvent or bankrupt licensee or permittee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of the license or permit, but no longer than six months after the death, bankruptcy or insolvency of such licensee or permittee. Upon the death of a licensee or permittee, if the executor or administrator does not continue the business under such license or permit, there shall be a refund made of that portion of the license or permit fee paid for any period in which the executor or administrator may not operate.
(C) There shall be no refund of any license or permit fee paid hereunder except as above provided, but any licensee or permittee hereunder shall have and be given the right to a renewal or reissue of such license at the same place upon compliance with the ordinances now in force in the city, or which may hereafter be enacted, governing the issuance of such licenses, and provided that the renewal privilege herein provided for shall not be construed as a fixed right which shall in any case prevent the City Council from decreasing the number of licenses to be issued within its jurisdiction.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
(A) A licensee or permittee hereunder may assign or convey the privilege or right of renewal or re-issue of a license or permit provided for herein to another person, firm or corporation, in accordance with the procedure hereinafter set forth, who, upon full compliance with the ordinances then in force in the city, governing the issuance of such licenses or permits, shall be entitled to a renewal or re-issue of such license or permit in his, her, their, or its own name, and which holder of a license or permit, in turn, may assign or convey such privilege or right to renewal or re-issue of such license or permit upon the same terms and conditions as the original owner and holder thereof could do hereunder; provided, however, that the privilege or right of renewal, and re-issue provided in this chapter shall apply only so long as the license or permit in each case shall have been kept in force continually add uninterruptedly in the name of the licensee, permit or his or her successor in interest, and nothing herein provided shall be deemed to restrict the right of the Local Liquor Control Commissioner to revoke any such license or permit.
(B) All such assignments shall be in writing, signed by the licensee or permit, and shall be filed with the Local Liquor Control Commissioner of the city, who shall keep, or cause to be kept, a true and complete record of all such assignments. Upon the filing of any such assignment, the Local Liquor Control Commissioner shall endorse thereon the time of filing, and upon compliance by the assignee with all the laws and ordinances then in force in the city pertaining to the qualifications of an applicant for such license or permit and the surrender of the old license or permit for cancellation, there shall (unless the old license or permit shall have been revoked add not thereafter restored) be issued to the assignee named in such assignment, a license or permit for the same place as that specified in the old license or permit, in lieu of the one so surrendered, for the unexpired portion of the period covered by the license or permit so surrendered; upon condition, however, that such new license or permit shall be issued only upon the payment of a fee to the issuing officer of $25.
(C) If a licensed or permitted business suspends operation, the licensee or permittee has 30 days in which to notify the Local Liquor Control Commissioner of their intent. If the Local Liquor Control Commissioner is not contacted within 30 days from the close of business, the liquor license or permit held at that address may be voided and surrendered to the City Clerk at the discretion of the Local Liquor Control Commissioner. After being contacted by the licensee or permittee, the Local Liquor Control Commissioner may extend the validity of the license or permit, in writing, for a reasonable period not to exceed six months.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
The Local Liquor Control Commissioner may revoke or suspend any license or permit for the sale of alcoholic liquor at retail for any violation of any provision of this chapter, or other valid ordinances or resolutions enacted by the City Council, or any applicable rule or regulation established by the Local Liquor Control Commissioner which is not inconsistent with law, or for any violation of any state law pertaining to the sale of alcoholic liquor, or any applicable rule or regulation established by the Illinois Liquor Control Commission which is not inconsistent with law, according to the power and manner provided by Sections 5 and 6 of Article VII of the Liquor Control Act of the State of Illinois; and such revocation or suspension may be in addition to any fine or penalty imposed for the violation. Any appeal of a decision of the Local Liquor Control Commissioner to the Illinois Liquor Control Commission shall be heard "on the record," and shall only involve a review of the official record of proceedings before the Local Liquor Control Commissioner, with no additional evidence being offered.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006- 5214, passed 1-17-2006; Am. Ord. 2020-5427, passed 2-4-2020)
SALES AND OPERATION
It shall be unlawful to establish, maintain, use or operate the licensed premises contrary to or in violation of license granted or contrary to or in violation of the prohibitions, impositions and requirements of Sections 8, 8a, 9, 10, 12b, 18, 20, 21 or 22 of Article VI of said Liquor Control Act of the State of Illinois, or of other applicable provisions thereof, 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) Penalty, see § 114.99
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