No such license shall be issued to:
(A) A person who is not of good character and reputation in the community in which he or she resides;
(B) A person who is not a citizen of the United States;
(C) A person who has been convicted of a felony under any federal or state law;
(D) A person who has been convicted of being the keeper or is keeping a house of ill fame;
(E) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(F) A person whose license issued under this chapter has previously been revoked for cause, or a person who fails to comply with each and every requirement of this chapter;
(G) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon first application;
(H) A partnership, unless all of the members of such partnership shall be qualified to obtain a license;
(I) A corporation or limited liability company, if any officer, manager, member or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship;
(J) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee and if said manager is a full-time employee of the licensee. For purposes of this section, FULL-TIME
shall be defined as working a minimum of 35 hours per work week;
(K) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcohol liquor, or shall have forfeited his or her bond to appear in court to answer charges for any such violation;
(L) A person who does not 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;
(M) (1) Any law-enforcing public official, including members of Local Liquor Control Commissions, any mayor, alderman or member of the city council or commission, any President of the Village Board of Trustees, any member of a Village Board of Trustees, or any President or member of a County Board; and no such official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that 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 in a city or village with a population of 50,000 or less, to any alderman, member of a city council, or member of a Village Board of Trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if:
(a) The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
(b) The issuance of the license is approved by the State Commission;
(c) The issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located; and
(d) The official granted a license does not vote on alcoholic liquor issues pending before the Board or council to which the license holder is elected.
(2) Notwithstanding any provision of this division (M) to the contrary, an alderman or member of a city council or commission, a member of a Village Board of Trustees other than the President of the Village Board of Trustees or a member of a County Board other than the President of the County Board 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, a mayor, a Village Board President, or a President of a County Board. 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.
(N) Any person, club, association, partnership, limited liability company or corporation not eligible for a state retail liquor dealer’s license;
(O) A person who is not a beneficial owner of the business to be operated by the licensee; and
(P) A corporation or limited liability company, unless it is incorporated in this state or unless it is a foreign corporation which is qualified under the State Business Corporation Act or State Limited Liability Company Act to transact business in this state.
(Ord. 2008-08, passed 6-2-2008)