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(A) The mayor or his or her designee, shall be the local liquor control commissioner and shall be charged with the administration in the city of the appropriate provisions of the state dram shop law, ILCS Ch. 235, Act 5, § 6-21, and of such ordinances and resolutions relating to alcoholic liquor as may be enacted.
(B) However, the mayor or his or her designee may appoint a person or persons to assist him in the exercise of the powers and the performance of the duties herein provided for the liquor control commissioner.
(ILCS Ch. 235, Act 5, § 4-2)
(C) In the event that a review is taken to the state commission of any orders entered by the local liquor control commissioner, that review shall be limited to a review of the official record of the proceedings of the liquor control commissioner.
(Res. R-14-86, passed 7-29-86)
The city council is authorized to fix and pay compensation to the local liquor control commissioner and compensation to such deputies, assistants, or employees as may be deemed necessary for the proper performance of the duties vested in him.
(ILCS Ch. 235, Act 5, § 4-3)
The liquor control commissioner has the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes and boats.
(A) To grant and or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within his jurisdiction;
(B) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of ILCS Ch. 235, Act 5, § 6-21 or any rules or regulations adopted by him or by the state commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(C) To notify the Secretary of State where a club incorporated under the "General Not for Profit Corporation Act" or a foreign corporation functioning as a club in the city under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
(D) To receive complaint from any citizen within his jurisdiction that any of the provisions of ILCS Ch. 235, Act 5, § 621, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner thereinafter provided;
(E) To receive local license fees and pay the same forthwith to the city treasurer;
(F) In municipalities of 500,000 or more persons, the liquor control commissioner shall also have the power to levy fines in accordance with ILCS Ch. 235, Act 5, § 7-5.
(ILCS Ch. 235, Act 5, § 4-4)
LICENSE
Applications for retail liquor dealers' licenses shall be made to the liquor commissioner in writing, shall be signed by the applicant (if an individual, or by a duly authorized agent thereof, if a club or corporation), shall be verified by oath or affidavit, and shall contain the following information and statements:
(A) The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and, if a majority in interest of the stock of the corporation is owned by one person or his nominees, the name and address of that person.
(B) The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
(C) The character of business of the applicant; and in case of a corporation, the objects for which it was formed.
(D) The length of time that the applicant has been in business of that character, or, in the case of a corporation, the date on which its charter was issued.
(E) The amount of goods, wares, and merchandise on hand at the time application is made.
(F) The location and description of the premises or place of business which is to be operated under the license.
(G) A statement whether the applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of that application.
(H) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state, or the ordinances of this city.
(I) Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reasons therefor.
(J) The date of incorporation of an Illinois corporation, or the date of becoming qualified to do business in this state, if a foreign corporation.
(K) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinances of the city in the conduct of his place of business.
(L) A complete financial statement of the applicant, partners, or corporation.
(M) Proof of ownership of the property concerned, or a certified lease thereon for the full period for which the license is to be issued.
(N) A certified list of the wholesalers, distributors, and suppliers of liquor for the proposed licensee.
(O) A certified binder letter covering dram shop liability insurance for the proposed licensee.
('69 Code, § 3-17)
No retail liquor dealer's license shall be issued to:
(A) A person who is not a resident of the city, except in case of railroad or boat licensees.
(B) A person who is not of good character and reputation in the community in which he resides.
(C) A person who is not a citizen of the United States.
(D) A person who has been convicted of a felony under the laws of the State of Illinois.
(E) A person who has been convicted of being the keeper or is keeping a house of ill fame.
(F) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
(G) A person whose license issued under this chapter has been revoked for cause.
(H) A person who at the time of application for renewal of any license issued hereunder would not be eligible for the license upon a first application.
(I) A co-partnership, unless all of the members of the co-partnership shall be qualified to obtain a license.
(J) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of the corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
(K) A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under state law to transact business in Illinois.
(L) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, subsequent to the passage of this chapter, or shall have forfeited his bond to appear in court to answer charges for any such violation.
(M) 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, or a person who is not a beneficial owner of the business to be operated by the licensee.
(N) Any law enforcing public official, any mayor of the city council, any member of the city council, or any president or member of a county board, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor.
(O) Any person, association, or corporation not eligible for a state retail liquor dealer's license.
(P) Any person holding a valid retailer's class license of another class issued for the same location.
(Q) A club may not be granted a retailer's class B license.
(R) A person or co-partnership, or individual partner thereof, possessing a valid federal gaming device stamp, or federal wagering stamp, or employing any person holding such a stamp, or any premises for which such a stamp has been issued for the current tax period.
(S) A person who has been convicted of a gambling offense as proscribed by ILCS Ch. 720, Act 5, § 28-1(A)(3) through (10) and § 28-3, as amended, or as proscribed by any statute replacing any of those provisions, or ordinance based upon those statutes.
(T) A corporation, if any officer, manager, or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of the corporation has been issued a federal gaming device stamp or federal wagering stamp for the current tax period.
('69 Code, § 3-18; amend. Ord. O-34-75, passed 8-19-75)
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