(A) No liquor license shall be issued under the terms of this subchapter to:
(1) (a) A person who refuses to cooperate in providing necessary information and fingerprints for the conduct of a background check, or for whom the background check reveals information which would disqualify such person from receiving a license hereunder;
(b) A person who is not a resident of the city, except that no general or limited partner of a partnership, and no officer, director or shareholder of a corporation shall be required to be a resident of the city;
(c) A person who is not of good character and reputation in the community in which such person resides;
(d) A person who is not a citizen of the United States, except that no officer, director or shareholder of a corporation shall be required to be a United States citizen;
(e) A person who has been convicted of a felony under any federal or state law, unless the State Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant;
(f) A person who has been convicted of prostitution or operating a house of prostitution;
(g) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(h) A person whose license issued under this subchapter has been revoked for cause, except as provided in § 111.03 7(H);
(i) 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;
(j) A partnership, if any general partner or partnership thereof, or any limited partner or partnership thereof, owning more than 5% of the aggregate limited partnership interest in such partnership, or any liquor manager, would not be eligible to receive a license under this subchapter for any reason other than residence within the city;
(k) A corporation, if any officer, liquor manager or director thereof, or any shareholder or shareholders 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 and residence within the city;
(l) 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 to transact business in Illinois;
(m) A person whose place of business is conducted by a liquor manager unless the liquor manager possesses the same qualifications required of the licensee;
(n) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or has forfeited his bond to appear in court to answer charges for any such violation;
(o) 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;
(p) Any law enforcing public official, including the Mayor or any alderman; and no such official shall be interested either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor, except that a license may be issued to any alderman, other than the Mayor, in relation to premises that are located within the city if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
2. The issuance of the license is approved by the State Commission;
3. The issuance of the license is in accordance with all applicable city ordinances in effect; and
4. The official granted a license does not vote on any alcoholic liquor issues pending before the City Council;
(q) A person who has been convicted of a gambling offense as proscribed by any of subsections (a) (3) through (a) (10) of § 28-1 of, or as proscribed by § 28-3 of, the Criminal Code of 1961, approved July 28,1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(r) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period, unless the person or entity is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act.
(2) A criminal conviction of a corporation shall not be grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal of state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation, and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation.
(B) No license for the sale of alcoholic liquor at retail shall be issued under the terms of this subchapter for any premises if such premises or the activities proposed to be conducted thereon, violate any of the following restrictions:
(1) A federal wagering stamp has been issued for such premises by the federal government for the current tax period, unless the person or entity entitled to utilize the premises is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
(3) Such premises are located within 100 feet of any church, school other than an institute of higher learning, hospital, home for the aged or indigent persons, or for veterans, their spouses or children, or any military or naval station. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. This prohibition shall not apply to hotels offering restaurant service, to regularly organized clubs or to restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet after the issuance of the original license. Nothing herein shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors;
(4) The majority of customers of such premises are minors of school age or if the principal business transacted consists of the sale of schoolbooks, school supplies, food; lunches or drinks for such minors;
(5) Except in the case of wineries that have bed and breakfast facilities, hotels and clubs, such premises has any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purposes, and such portion of the same building or structure is permitted to be used or kept accessible for use by the public. This provision shall not prevent any connection between the premises and such other portion of the building or structure that is used only by the licensee, the licensee’s family and personal guests;
(6) It is apparent from the floor plan submitted that the operation of the proposed business on such premises is likely to violate the requirements for a license of the classification requested.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08; Am. Ord. 12-19, passed 4-24-12)