A. No license of any kind issued by the Commissioner shall be issued to:
1. A person who is not domiciled in the County of McHenry, Illinois, unless eligible under subsection A.12. below except in the case of railroad or boat licenses.
2. A person who is not of good character and reputation in the community in which he resides;
3. A person who is not a citizen of the United States;
4. A person who has been convicted of a felony under any Federal or State law, if the Commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust. Burden of proof to show sufficient rehabilitation shall be on the applicant;
5. The Commissioner shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license:
a. Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
b. Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
c. Records of arrest not followed by a conviction.
d. Convictions overturned by a higher court.
e. Convictions or arrest that have been sealed or expunged.
6. The Commission, upon a finding that an applicant for a license was convicted of a felony or a violation of any federal or State law concerning the manufacture, possession or sale of alcoholic liquor, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant’s record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
a. the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions and responsibilities of the position for which a license is sought;
b. whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
c. if the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
d. the age of the person at the time of the criminal offense;
e. successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant’s probation or parole officer that documents the applicant’s compliance with conditions of supervision;
f. evidence of the applicant’s present fitness and professional character;
g. evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-10 of the Unified Code of Corrections; and
h. any other mitigating factors that contribute to the person’s potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
7. A person who has been convicted of being the keeper or is keeping a house of prostitution and/or gambling;
8. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
9. A person whose license issued under this Ordinance or the Act has been revoked for cause;
10. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
11. A partnership, or any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder, for any reason other than citizenship and residence within the County;
12. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in an aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder, for any reason other than citizenship and residence within the County;
13. A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the “Business Corporation Act of 1983” (805 ILCS 5/101 et seq.).
14. A person whose place of business is conducted by a manager or agent unless the manager/agent is domiciled in McHenry County and the manager or agent possesses the same qualifications required by the licensee;
15. A person who has been convicted of a violation of any Federal or State law concerning manufacture, possession or sale of alcoholic liquor or has forfeited his bond to appear in court to answer changes for any such violation;
16. A person or applicant who neither beneficially owns, nor leases for full period the premises for which license is issued;
17. Any law enforcing public official, including members of local liquor control commissions, any mayor, alderman, or member of a city council or commission, any president of a village board of trustees, any members of a village board of trustees, or any president or member of a county board, and no such official shall be interested directly in manufacture, sale or distribution of alcoholic liquor, except that 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;
18. A person who is neither an owner nor a beneficial owner of the business to be operated by the licensee;
19. A person who has been convicted of a gambling offense as prescribed by any of subsections (a)(3) through (a)(10) of § 28-1 of, or as prescribed by § 28-3 of the “Criminal Code of 1961”, approved July 28, 1961, as heretofore or hereto after amended (720 ILCS 5/28-1, 5/28-3), or as prescribed by a statute or replaced by any of the aforesaid statutory provisions;
20. A person to whom a Federal Wagering Stamp has been issued by the Federal Government for the current tax period;
21. A partnership to which a Federal Wagering Stamp has been issued by the Federal Government for the current tax period, or if any of the partners have been issued a Federal Gambling device stamp or Federal Wagering Stamp by the Federal Government for the current tax period;
22. A corporation, if any officer, manager or director thereof, or any stockholder owning in an aggregate more than twenty percent (20%) of such corporation’s stock has been issued a Federal Wagering Stamp for the current tax period;
23. Any premises for which a Federal Wagering Stamp has been issued by the Federal Government for the current tax period;
24. Any person or entity, not eligible for a State Retail Liquor Dealer’s License;
25. Any person or entity indebted for any delinquent real estate or personal property taxes, sales ROT, debt or other financial obligation to the County of McHenry;
26. Any person or entity not able to provide a Certificate of Insurance that shows currently in force Liquor Law Liability (Dram Shop) Insurance;
27. For any other reason as outlined in the Act.
(Ord. O-201406-12-020, § 12, passed 6-17-2014; Ord. 7468, passed 3-19-2019)