A. Forms of application for a license under this Ordinance shall be furnished by the McHenry County Liquor Commissioner, and applicants for a license under this Ordinance shall secure the necessary forms from said McHenry County Liquor Commissioner and such application or applications shall be in writing and under oath and shall be filed with the McHenry County Liquor Commissioner and shall become a permanent record of the Commission and shall contain the following information, vis:
1. Applicant’s name and residential address. If the premises are leased, name and address of the landlord, and a copy of lease. Lease must be in name of applicant and for the entire license period;
2. Name and address of applicant’s business;
3. Proof of proper zoning for the licensed premises;
4. If applicable, date of filing of an “assumed name” of its business with the McHenry County Clerk;
5. In a case of a partnership, date of formation of the partnership; in case of an Illinois corporation, date of its incorporation; or in a case of a foreign corporation, the State where it was incorporated and date of its becoming qualified under the “Business Corporation Act of 1983” (805 ILCS 5/1.01 et seq.) to transact business in the State of Illinois.
6. Applicant’s Retailer’s Occupation Tax (ROT) Registration Number; whether the applicant is delinquent in the payment of the Retailer’s Occupation Tax (Sales Tax), and if so, the reasons therefore;
7. Whether the applicant is delinquent under the thirty (30) day credit law, and if so, the reasons therefore;
8. Whether the applicant has made an application for a liquor license which has been denied in any jurisdiction, and if so, the reasons therefore;
9. Whether the applicant has ever had any previous liquor license suspended or revoked in any jurisdiction, and if so, the reasons therefore;
10. Whether the applicant has ever been convicted of a gambling offense or felony, and if so, the particulars thereof;
11. Whether the applicant, partner, shareholder or manager is an elected, appointed, or law enforcement public official, and if so, the particulars thereof;
12. Applicant’s name, sex, date of birth, social security number, FEIN 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, partner, corporate officer, director, manager and any person who owns five percent (5%) or more of the shares of the applicant business entity or parent corporations of the applicant business entity.
13. That applicant has not received or borrowed money or anything else of value, and that applicant will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days as expressly permitted in § 6-5 of the Act), directly or indirectly, from any manufacturer, importing distributor or distributor or from any representative of any such manufacturer, importing distributor or distributor, nor be a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of § 6-6 of the Act.
14. That the applicant has a one-year pre-paid in effect Liquor Law Liability (Dram Shop) Insurance policy for the entire term of the license. Evidence of said coverage shall be in the form of a Certificate of Insurance which the applicant shall submit with the written application. The Certificate of Insurance must be marked paid in full.
a. There shall be a thirty (30) day notification to the Commissioner in an event of cancellation of the Liquor Law Liability Insurance; such notification requirement shall be stated on the Certificate of Insurance.
b. That a renewal of Liquor Law Liability Insurance shall be sent to the Commissioner no later than fifteen (15) days prior to the expiration date of the Liquor Law Liability Insurance.
c. To show evidence, satisfactory to the Commissioner, of issuance of a policy of liquor liability insurance (Dram Shop) and insuring against liability for any injury or death on account of acts of negligence, omission, or violating the Liquor Control Act. Said policy shall carry an amount of coverage which meets or exceeds the limitation on actions for damages caused by intoxication (235 ILCS 5/6-21) and must be increased as statutorily amended. Each licensee shall furnish the Commissioner a certificate of such insurance and, in the event of cancellation, notify the Commissioner immediately of such cancellation. If the Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of a community, he/she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
15. a. In addition to the foregoing information, such application shall contain such other and further information as the Commissioner may, by rule or regulation not inconsistent with law, prescribe.
b. All license holders have a perpetual duty to update the aforementioned information for duration of license. Failure to update information to the Commissioner within ten (10) days shall be deemed a violation of this Ordinance.
c. If the applicant reports a felony conviction as required under subsection A.10. above of this Section, such conviction may be considered by the Commissioner in determining qualifications for licensing, but shall not operate as a bar to licensing.
d. If said application is made on behalf of a partnership, the application must be signed by at least one of the partners. Applications made on behalf of an association, club or corporation must be signed by one officer in good standing with the organization.
B. At the time of application for either a new or Class “D” license, the applicant shall submit certifications from the McHenry County Health Department and Building and Zoning Department that the proposed license premises are in conformity with all regulations and ordinances of said Departments.
C. There shall be a onetime, nonrefundable Liquor License Application Fee of $1,000.00 (one thousand and no/100 dollars) charged to new applicants of all classes of liquor licenses, excepting Class “F” and Class “S” licenses. The application fee shall not apply to renewals of liquor licenses by the same licensee. Licensees who add or change corporate officers or partners so that said new corporate officer or partners now own 30% or more of stock shall not be deemed a renewal for the next application period and shall be subject to paying the Application fee.
D. 1. All licensees who change any part of their corporate structure including; changes to partnership agreements, articles of incorporation, or add or change partners or corporate officers who own 5% or more of ownership stock in the licensed entity shall notify the Commissioner of said change within 10 days after such change takes effect. The licensee shall have 60 days after notifying the Commissioner to have any new partners or corporate officers approved by the Commissioner. The application fee for changes to corporate officers shall be $100 for each new officer. If the application of a new partner or corporate officer is approved within 60 days of said applicant assuming their new position, no application fee shall be required at renewal. Failure to comply with this provision shall result in the licensee being assessed the full application fee at the time their license renewal. Changes in ownership constituting 30% or more of stock shall be assessed the application fee at the next renewal, pursuant to subsection C. above of this Ordinance, regardless of compliance with this subsection.
2. New Partners or Officers: New partners or officers must file an application with the Commissioner prior to being interviewed and considered for approval by the Commissioner. New partners or officers shall be finger printed and photographed by the McHenry County Sheriff’s Office. Thereupon, said photographs shall be placed in the Commissioner’s files, and file with their application letters of recommendation from at least three (3) individuals, who are not to be owners or employees of the establishment for which they seek manager status; the letters must include the name, address, and telephone number of its maker. New partners and officers shall be subject to the same standards as the original applicant.
E. Licensees requiring a manager, because the licensee is not a resident of McHenry County and therefore ineligible to receive a license without a manager, must inform the Commissioner within 10 days after the prior manager’s final day of employment. The licensee shall then have sixty (60) days by which to hire a new manager and have said new manager interviewed and approved by the Commissioner. Failure to comply with this provision shall result in the licensee being assessed the full application fee at the time their license is up for renewal.
1. New Managers: New managers must file an application with the Commissioner prior to being interviewed and considered for approval by the Commissioner. New Managers shall (1) be fingerprinted and photographed by the McHenry County Sheriff’s Office. Said photographs shall be placed in the Commissioner’s files, and (2) file with their application letters of recommendation from at least three (3) individuals, who are not to be owners or employees of the establishment for which they seek manager status; the letters must include the name, address, and telephone number of its maker. New managers must meet the same requirements as an owner and must not be disqualified from serving as a manager by any of the provisions of § 5.08.120 of this Ordinance.
2. On an annual basis, after the second manager application and interview, applicants shall pay an additional fee of $75.00 (seventy-five and 00/100 dollars) per manager interview.
(Ord. O-201406-12-020, § 10, passed 6-17-2014; Ord. 7468, passed 3-19-2019)