(A) LICENSE REQUIRED. No person shall sell or offer for sale, possess for sale, advertise for sale or display for sale alcoholic liquor within the corporate limits of the City without having first obtained a license to do so as provided in this Article.
(B) NATURE AND EXTENT OF LICENSE.
(1) The license required by this Article shall be a retailer’s license and shall permit the licensee to sell and offer for sale alcoholic liquor at retail upon the licensed premises specified and described in the licensee’s application and as defined within this ordinance. Each license granted shall be subject to the provisions of this Article, other applicable Ordinances of the City of Mt. Vernon, and all applicable laws of the State of Illinois and the United States, including but not limited to the Illinois Liquor Control Act (235 ILCS 5/).
(2) (a) A license issued hereunder shall be a purely personal privilege good for not to exceed one (1) year after issuance, and said license 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 be encumbered or hypothecated; such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee except as hereinafter provided.
(b) All licenses issued hereunder shall expire on April 30 following issuance. Any sale of alcoholic liquor after expiration of a license shall constitute sale of alcoholic liquor without a license; if an applicant seeks renewal of an existing license, an application for renewal shall be submitted with the required license fee prior to expiration of the existing license. Expiration of a license shall occur by operation of law without any notice or hearing and there shall be no right to reinstatement of any license, although an application for a new license may be submitted. A licensed premises shall be subject to inspection by the Building Inspector at all times.
(3) A license issued hereunder shall not be transferred or otherwise conveyed through a change in ownership or change in interest of any licensed premises or any licensee. Any change in stock ownership, a partnership interest or other change in any ownership interest shall constitute an attempt to transfer a license and shall terminate the license by operation of law without notice or hearing.
(4) (a) A license issued hereunder shall not be delivered to the Licensee and no license issued for any premises shall be effective unless and until the Licensee has obtained a valid Certificate of Occupancy for the licensed premises under the Revised Code of Ordinances; a copy of the original license may be provided to a Licensee prior to the issuance of the Certificate of Occupancy for the premises solely for the use by Licensee to obtain financing, to obtain State licenses, to permit construction or remodeling, or for other valid reasons approved by the Local Liquor Control Commissioner if the Licensee and the City, by and through its Local Liquor Control Commissioner, have executed an agreement which defines the Licensee’s obligations and the restrictions on the license prior to delivery of the original license.
(b) No sales of alcoholic liquor shall be made by any Licensee prior to delivery of the original license to the Licensee. No remodeling, alteration, or other construction shall be made to any licensed premises without a building permit and compliance with all requirements and procedures associated therewith.
(C) APPLICATION FOR LICENSE.
(1) All applications for licenses under this Article shall be in writing, under oath, addressed to the Local Liquor Control Commissioner, and filed in the office of the City Clerk.
(2) (a) Each application shall be signed by the applicant. If the applicant is a partnership, all partners shall sign the application. If the applicant is a corporation or club, the application shall be signed and verified by the president and secretary.
(b) The information recited in the application shall be under oath or affirmation as to each person signing the application. The willful making of any false statement as to a material fact in any application shall constitute cause for denial of a license or revocation of any license issued hereunder.
(3) (a) The applicant has a duty to keep the City Clerk and the Local Liquor Control Commissioner advised as to its current mailing address. The applicant has a duty to file a completed application and to provide all information required or requested.
(b) The applicant has a duty to timely comply with the requirements of this Article and to diligently prosecute any application filed with the City Clerk. The applicant has the burden of proof to establish the applicant’s qualifications and the qualifications of the premises for a license.
(4) Each application shall include the following information and statements:
(a) Name, birth date, social security number, residence address, and citizenship (and if a naturalized citizen, the time and place of naturalization) of the applicant in the case of an individual.
(b) In the case of a partnership, the names, birth dates, social security numbers, and residence addresses of all partners.
(c) In the case of a corporation or club, the names, birth dates, social security numbers, driver’s license numbers, and residence addresses of the officers, directors, managers; and the names, birth dates, social security numbers, and residence addresses of all persons who own or have an interest in over five (5) percent of the stock.
(d) In the case of a partnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified to transact business in the State of Illinois.
(e) The location where the applicant proposes to engage in the business for which the application is submitted along with an affirmative statement that the proposed location does not conflict with the location restrictions detailed with § 111.11 herein.
(f) The class of license for which the application is submitted.
(g) The name and address of the landlord if the premises are leased.
(h) The nature of the business which the applicant intends to carry out and the amount of applicant’s anticipated gross revenue from other sources within the proposed licensed premises.
(i) A list of the governmental entities to which the applicant has submitted an application(s) for a liquor license; the date of the application; the disposition of such application; amounts of and reasons for fines imposed; and the dates, reason, and length of suspension or revocation of such license, if any.
(j) A statement that the applicant, individual applicant, partners of a partnership applicant, and officers, manager, directors, and stockholders of any corporation applicant have never been convicted of keeping a house of ill fame, convicted of pandering or other crime or misdemeanor opposed to decency and morality, or convicted of any felony under any federal or state law.
(k) A complete criminal background and credit check authorization for each person identified within the immediately preceding subparagraph.
(l) The name of any person identified within Subparagraph (C)(4)(j) who has been issued a federal wagering stamp for the current tax year.
(m) 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 (235 ILCS 5/), or in an amount of not less than $1,000,000.00, whichever amount is greater.
(D) PERSONS INELIGIBLE TO HOLD A LICENSE. No license shall issue to:
(1) A person who is not a bona fide resident of the City.
(2) A person who is not of good character and reputation in the City.
(3) A person who is not a citizen of the United States.
(4) A person who has been convicted of a felony or who has been convicted of pandering or any other crime of morality or a person who has been convicted of being a keeper of a house of ill fame under the laws of the State of Illinois or any other federal or state law, unless the Commissioner determines within his sole discretion that such person now warrants the public trust.
(5) A person whose license issued under this Article or the Illinois Liquor control Act (235 ILCS 5/) has been revoked for cause.
(6) A person who at the time of application for renewal of any license issued under this Article would not be eligible for such license upon a first application.
(7) A person whose business is conducted by a manager or agent, unless such manager or agent is an actual resident of Jefferson County, Illinois and possessed the same qualifications required of the Licensee and meets the requirements of Resident manager or managing agent as defined in § 111.02.
(8) A person who does not beneficially 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.
(9) Any law enforcing public official, mayor, or any member of the City Council; and no such official shall be interested in any way either directly or indirectly in the sale or distribution of alcoholic liquor.
(10) Any person, club, association, or corporation not eligible for a state retail liquor dealer’s license.
(11) A partnership, unless all of the members of such partnership shall be qualified to obtain a license.
(12) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five (5) percent of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship or residence within the political subdivision, except however, the manager must be an actual resident of the city.
(13) A corporation, unless it is incorporated in Illinois or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act (805 ILCS 5/) to transact business in Illinois.
(14) A person who has been convicted of any gambling act or offense as prescribed by any criminal code or statute of any state, including but not limited to Illinois, or as prescribed by any statute or regulation of the United States or as prescribed by any ordinance of the City of Mt. Vernon or any other political subdivision of the United States or any state.
(15) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period.
(16) A partnership to whom 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 wagering stamp by the federal government for the current tax period.
(17) A corporation if the corporation or any officer, manager, or director thereof or any stockholder owning in the aggregate more than five (5) percent of the stock of said corporation has been issued a federal gaming device stamp of a federal wagering stamp for the current tax period.
(18) A person in default of any payment to the City of Mt. Vernon, including any licensing fee under this Article or under any other Article of the Revised Code, any other charge or fee imposed by the Revised Code, any tax imposed by the City of Mt. Vernon, or any charge for water, sewer or garbage services, or a person in default on any loan agreement or contract with the City.
(E) BOND. No written Bond shall be required; however, each applicant making application for license hereunder, by acceptance of a license, agrees to indemnify the City against all losses or injury arising against said City by reason of the conduct or operation of a business under such license.
(F) SEPARATE APPLICATION. Separate application by a licensee or a related person must be filed for separate classes of licenses by any applicant desiring to operate more than one licensed business, and a separate license must be obtained by any applicant desiring to operate a licensed business at more than one licensed premises.
(G) MULTIPLE LICENSES. Licenses permitting a person or related person or entity to operate more than one (1) licensed premises are not desirable and an application by an applicant or by a person or entity related to a current license holder for a license or for a second license may be denied solely on the basis that the applicant, or a related person or entity, including any stockholder, partner or other interested party in said applicant, person, or entity, is the holder of another license or is interested in, either directly or indirectly, including as a shareholder, partner or other ownership interest, in another license. RELATED means being employed by, owning stock in, being a partner in, having any interest directly or indirectly in, or being related by blood or marriage in the following relationships: spouse, parent, step-parent, grandparent, step-grandparent, child, step-child, grandchild, step-grandchild, brother, step-brother, sister, step-sister, uncle, aunt, niece or nephew. In all events, no person or related persons or related entities shall possess more than one license that permits sales of package liquor, except a Licensee having two such (package sales) licenses as of August 21, 2017 may continue to renew such existing licenses so long as each licensed premises continues in lawful operation without interruption.
(H) APPLICATION PROCEDURE. Each applicant desiring to engage in the business of sale of alcoholic liquor shall make application to the City Clerk for a license to do so. Such application shall be referred to the Local Liquor Control Commissioner, and if applicable to the Mt. Vernon Liquor Advisory Board. The application shall be processed in accordance with the procedures set forth within this Article. The Local Liquor Control Commissioner shall have sole authority to approve or reject such application. In the event such application is approved by the Local Liquor Control Commissioner, a license shall be issued by the Clerk to such applicant signed by the Commissioner and countersigned by the Clerk, who shall keep a complete record of all such licenses issued.
(Prior Code, Art. 6, § 6.3)