Applications for such licenses shall be made to the Local Liquor Control Commissioner in writing, signed by the applicant, if an individual, a duly authorized officer or shareholder of a corporation if the applicant is a corporation, a duly authorized member if the applicant is a limited liability company, or by a person entitled to share in the profits of the applicant if the applicant is a copartnership (provided, however, such person shall also be a partner thereof). The application must be verified by oath or affidavit, and shall contain the following information and statements:
(A) The applicant’s name, sex, age, date of birth, social security number, position and percentage of ownership in the business: and the name, sex, age date of birth and social security number, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, member of any limited liability company, manager and any person who owns 5% or more of the shares of the applicant business entity or parent corporation(s) of the applicant business entity.
(B) The citizenship of the applicant, his or her place of birth, and if a naturalized citizen, the time and place of his or her naturalization.
(C) In case of a limited liability company, corporation or a club, the object for which it was organized, a list of the names, resident address, and phone numbers of its officers, directors, shareholders, and members, and a certified copy of the articles of incorporation, certificate of organization, and/or charter.
(D) In case of a co-partnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; in the case of a limited liability company the date of its organization in Illinois under the Limited Liability Company Act; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Business Corporation Act of 1983 to transact business in the State of Illinois.
(E) The name, character and address of the business of the applicant.
(F) The location and a description of the premises or place of business which is to be operated under the license, including the number of bars to be operated thereon.
(G) A statement whether the applicant has made any other application for a similar license on premises other than that which is described in this application, and the disposition of the application. The statement shall include any other application in which the applicant was in any way involved, regardless of the name, structure and the like of the business entity. If any license was denied the applicant shall include the reasons therefor.
(H) The number the date of issuance and the date of expiration of the applicant's current local retail liquor license issued in either the city or issued by any county or other municipality.
(I) The name of the city, village, or county that issued the local retail liquor license (if other than the City of Oak Forest).
(J) The name and address of the landlord of any premises that are leased in any other municipality or county in which the applicant has another local retail liquor license.
(K) The date of the applicant’s first request for a state liquor license and whether it was granted, denied or withdrawn.
(L) The address of the applicant when the first application for a state liquor license was made.
(1) The applicant’s current state liquor license number.
(2) The date the applicant began liquor sales at his or her place of business.
(3) The applicant’s Retailer’s Occupation Tax (ROT) registration number.
(M) Whether the applicant is delinquent in the payment of the retailer’s occupational tax (sales tax), and if so, the reasons therefor.
(N) Whether the applicant is delinquent under the cash beer law, and if so, the reasons therefor.
(O) In the case of a retailer, whether he or she is delinquent under the 30-day credit law, and if so, the reasons therefor.
(P) Whether the applicant possesses a current federal wagering stamp, and if so, the reasons therefor.
(Q) Whether the applicant, or any other person, directly in his or her place of business is a public official, and if so, the particulars thereof.
(R) If applicable, the date of the filing of the “assumed name” of the business with the County Clerk.
(S) A statement whether the applicant or any owner, partner, member or manager of the applicant, has ever been convicted of either a misdemeanor or a felony and whether any such individual or entity is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of the state or other ordinances of the city, and if so the particulars thereof.
(T) Whether a previous license issued by any state or, subdivision thereof, or by the federal government has been suspended or revoked, and the reasons therefor.
(U) A statement that the applicant will not violate any of the laws of the state, the United States or any ordinances of the city in the conduct of his or her place of business.
(V) The class of license desired by the applicant.
(W) Whether the applicant owns the premises for which a license is sought, and if he does not, the name of his or her landlord and the period of his or her lease. A complete and correct copy of the lease is to be attached to the application.
(X) Whether or not the applicant intends to manage and conduct the business in person, and if not, the name of the manager or agent who is to conduct the business on the premises for which the license is sought.
(Y) A statement that the applicant will be required to, and shall require all officers, agents and employees of the applicant to, testify (subject to constitutional limitations) at any hearing that may be called by the city or any of its committees, commissions, boards or agencies, or the Local Liquor Control Commissioner, relating, directly or indirectly, to any events or occurrences of which they may have knowledge arising out of their position as licensee or as an officer, agent or employee of the licensee and that the applicant has informed all officers, agents and employees, and has made the same a condition of employment for all employees.
(Z) Every application for a license, whether for a new license or for a renewal of an existing license, where the real estate title of the premises is in a trust, shall be accompanied by the sworn affidavit of the land trustee or a beneficiary of the trust, disclosing the names, residence addresses and beneficial interests of each beneficiary of the land trust.
(AA) In addition to the foregoing information, the application shall contain such other information as the Local Liquor Control Commissioner may prescribe.
(1) In case the application is made by a partnership, all partners must sign the application and the information required by this chapter shall be furnished for each partner.
(2) In case the application is made by a corporation, the application shall be signed by the president and secretary of the corporation and the corporate seal shall be affixed to the same.
(3) In case the application is made by a limited liability company, the application shall be signed by the manager of the company and, if the manager is not also a member, then the application must also be signed by a member.
(4) Where the applicant is a business entity, limited liability company, corporation or partnership, the Liquor Control Commissioner reserves the right to require, and has the authority to waive, any of the above requirements, as determined applicable to the actual management, operation and decision-making of the company, e.g., if ownership of the licensee is held by a corporation in purely an investment capacity, with no regular management, operational or decision-making role or function, the Liquor Control Commissioner can determine that the execution of certain documents, or the completion of an application, is not required for certain ownership interests or officials.
(5) Every application for a license, whether a new license or renewal, where the real estate title of the premises is in a trustee, shall be accompanied by the sworn affidavit of the land trustee or beneficiary of the trust, disclosing the names, residence addresses, and beneficial interest of each beneficiary of the land trust.
(6) The applicant must also provide a letter of intent indicating the type and nature of the applicant’s business and the types of activities to be conducted on the licensed premises. Any basic change in the activities to be conducted or the type and nature of the premises or business must be submitted to the Local Liquor Control Commissioner for approval.
(7) Every application for a license, whether for a new license or for a renewal of an existing license, shall be accompanied by a copy of the applicant’s policy of dram shop insurance, written by a responsible insurance company authorized and licensed to do business in Illinois, insuring such applicant against liability as required under ILCS Ch. 235, Act 5, §§ 1-1 et seq., as amended from time to time. The applicant shall keep the policy of insurance in full force and effect during the term of the license (and any renewals) or shall provide a suitable substitute policy and each such policy shall contain a provision that the policy cannot be canceled without 30 days’ prior written notice to the Local Liquor Control Commissioner.
(8) Every application for a license, whether new or renewal, shall be accompanied by a supplemental application signed by each manager employed by the licensee to manage the license premises and all business operations on the licensed premises. Such supplemental application shall be in writing, verified by oath or affidavit, and shall contain the following information and statements:
(a) The manager’s name, sex, age, date of birth and social security number.
(b) The citizenship of the manager, his or her place of birth, and if a naturalized citizen, the time and place of his or her naturalization.
(c) A statement whether the manager has made any other application, either as owner or manager, for a similar license on premises other than described in the supplemental application, and the disposition of that application. Such statement shall include any other application which the manager was in any way involved with regardless of what entity was the proposed licensee under the application. If any such license was denied, the manager shall include the reasons therefor.
(d) The number, date of issuance and date of expiration of any current local retail liquor licenses issued to the manager by any county or other municipality, and the name of such county or other municipality.
(e) If the manager has ever requested a state liquor license, the date of the first request for such license and whether it was granted, denied or withdrawn, and the address of the manager when the first application was made.
(f) The manager’s current state liquor license number, if applicable.
(g) Whether the manager possesses a current federal wagering stamp, and if so, the reasons therefor.
(h) Whether the manager is a public official, and if so, the particulars thereof.
(i) A statement whether the manager has ever been convicted of either a misdemeanor or a felony and whether any such manager is disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of this state, or other ordinances of the city, and if so the particulars thereof.
(j) Whether a previous license issued to the manager by any state or subdivision thereof, or by the federal government, has ever been suspended or revoked and the reasons therefor.
(k) A statement that the manager will not violate any laws of the state, the United States or any ordinance of the city in the conduct of the business at the license premises.
(l) The name of any other persons employed to manage the business to be carried on in the premises for which the license is sought.
(m) A statement that the manager will be required to and shall require all agents and employees to testify (subject to constitutional limitations) at any hearing that may be called by the city or any of its committees, commissions, boards, or agencies, or the Local Liquor Control Commissioner, relating, directly or indirectly, to any events or occurrences of which they may have knowledge arising out of their position as officer, agent or employee. In addition, a statement acknowledging such requirement and indicating that the manager has informed all agents and employees, and has made the same a condition of employment for all employees.
(n) In addition to the foregoing, the supplementary application shall contain such further information as the Local Liquor Control Commissioner may prescribe.
(9) If during any license year there is any change in the manager(s) of the licensee, a new supplementary application signed by each new manager must be filed in writing, verified by oath or affidavit, and containing the same information as required under division (AA)(7) above.
(2000 Code, § 5.08.050) (Am. Ord. 2014-03-0488O, passed 3-25-2014)