Loading...
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(I) Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reasons therefor.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)
The liquor licenses issued by the city under this chapter shall be limited to the following 3 classifications, namely:
(A) Retailer's class A license. Permits the sale or offer for sale at retail any liquor, wine, or beer, as defined in this chapter, within the city limits, for consumption only on the premises, where the same is sold or offered for sale, provided that the sale or offer to sell at retail liquor, wine, or beer is not the principal business therein, but is incidental to the furnishing of food for consumption on the premises, such as in the case of restaurants and hotels. A "retailer's class A license" does not permit the licensee to sell liquor, wine, or beer in original packages not for consumption on the premises.
(B) Retailer's class B license. Permits the sale or offer for sale at retail any liquor, wine, or beer, as defined in this chapter, on premises 2500 square feet or greater, within the city limits, where the sales are made in original packages only, not for consumption on the licensed premises, provided that the sale of liquor, wine, or beer, or offer for sale at retail, is not the principal business of licensed premises, but is incidental to the business, such as the case of package liquor departments in a food market or drugstore. A "retailer's class B license" does not permit the licensee to sell or offer for sale liquor, wine, or beer for consumption on the licensed premises.
(C) Retailer's class C license. Permits the sale or offer for sale at retail alcoholic beverages, as defined in this chapter, within the city limits, for consumption on or off the premises, and permits the sale and consumption in enclosed areas and also in outdoor areas and from portable or temporary stands. A "retailer's class C license" shall only be issued to a not-for-profit religious, civic, or charitable corporation or association and shall be issued on a daily basis. There shall be no license fee for the issuance of these permits.
(D) Retailer's class D license. Permits the sale or offer for sale at retail of alcoholic beverages, as defined in this chapter, within the city limits, for consumption on the premises only, and only upon and within a private club located on the premises. A
PRIVATE CLUB, as the term is used herein, is an establishment to which only members and guests of members, accompanied by a member, are admitted and eligible to be sold alcoholic beverages. Memberships must be issued for a period of not less than 3 months. The sale of memberships for a period of less than 3 months will render a private club ineligible for a license hereunder. The sale of club memberships or the unauthorized sale of alcoholic beverages within a private club licensed hereunder shall be cause for the revocation of the license.
(E) Retailer's class E license. Permits the sale or offer for sale at retail of alcoholic beverages as defined in this chapter within the city limits in sealed containers only and only for consumption off the premises.
(F) Golf course retailer's class F license. Permits the sale or offer for sale at retail of alcoholic beverages, as defined in this chapter, within the city limits, for consumption on premises, and permits the sale and consumption in enclosed areas and also in outdoor areas and from portable or temporary stands.
('69 Code, § 3-21; amend. Ord. O-58-72, passed 9-19-72; amend. Ord. O-36-76, passed 7-20-76; amend. Ord. O-20-81, passed 8-18-81; amend. Ord. 89-21, passed 5-16-89; amend. Ord. O-56-93, passed 12-21-93)
(G) Retailer's class G license. Permits the sale or offer for sale at retail in an establishment, any wine, or beer, as defined in this chapter, within the city limits, for consumption only on the premises, where the same is sold or offered for sale, provided that the sale or offer to sell at retail wine, or beer, is not the principal business therein, but is incidental to the furnishing of food for consumption on the premises, such as in the case of restaurants and hotels. A "retailer's class G license" does not permit the licensee to sell wine, or beer, in original packages not for consumption on the premises.
(H) Retailer's class H license. Permits the sale or offer for sale at retail in an establishment of less than 2500 square feet in size, liquor, wine, or beer, as defined in this chapter, within the city limits, where the sales are made in original packages only, not for consumption on the licensed premises, provided that the sale of liquor, wine, or beer, or offer for sale at retail, is not the principal business of licensed premises, but is incidental to the business, such as the case of package liquor departments in a food market or drugstore. A "retailer's class H license" does not permit the licensee to sell or offer for sale liquor, wine, or beer for consumption on the licensed premises.
(Ord. O-57-93, passed 12-21-93)
No retailer's liquor license of any class shall be issued until all requirements of the zoning ordinance of the city, Chapter 153 of this code, for location in question have been met.
('69 Code, § 3-22)
(A) The number of licenses issued for the sale of alcoholic liquors by the city shall be limited as follows:
(1) Retailer’s Class A license--19.
(2) Retailer’s Class B license--11.
(3) Retailer’s Class D license--0.
(4) Retailer’s Class E license--1.
(5) Retailer’s Class F license--1.
(6) Retailer’s Class G license--2.
(7) Retailer’s Class H license--5.
(B) However, if more than the number shown here have been issued and are in effect at the time this section becomes effective, the number of licenses shall continue and the licensees of the licenses shall be entitled to renewal of the licenses until such time as the licensees fail to make timely application for a new license, or until such time as their license may be revoked for violation of §§ 114.16 through 114.25; and provided further, that in addition to any and all limitations on the number of licenses, the city may issue a license to any veteran's organization organized and existing under a charter issued by a national organization incorporated by act of the Congress of the United States, upon the payment of the sum of $100 and that the licenses shall not be considered in determining the number of licenses issued and in effect.
(C) Whenever any license issued is surrendered, revoked or becomes expired or terminates for any reason, the number of issued and available licenses hereunder shall thereupon be accordingly decreased. The license shall not thereafter be issued unless compliance is had with § 114.18.
(‘69 Code, § 3-23) (amend. Ord. O-62-69, passed 12-2-69; amend. Ord. O-30-71, passed 4-20-71; amend. Ord. O-30-72, passed 5-16-72; amend. Ord. O-28-74, passed 8-20-74; amend. Ord. O-16-76, passed 4-20-76; amend. Ord. O-8-79, passed 3-6-79; amend. Ord. O-19-81, passed 8-18-81; amend. Ord. O-27-81, passed 10-6-81; amend. Ord. O-34-81, passed 12-1-81; amend. Ord. O-8-83, passed 6-21-83; amend. Ord. O-10-83, passed 8-2-83; amend. Ord. O-15-83, passed 10-18-83; amend. Ord. O-16-83, passed 11-1-83; amend. Ord. O-11-84, passed 6-5-84; amend. Ord. O-12-85, passed 5-7-85; amend. Ord. 7-86, passed 2-18-86; amend. Ord. O-11-86, passed 4-1-86; amend. Ord. 51-86, passed 12-2-86; amend. Ord. 53-86, passed 12-2-86; amend. Ord. 89-36, passed 8-2-89; amend. Ord. 89-37, passed 8-2-89; amend. Ord. 90-20, passed 7-17-90; amend. Ord. 90-21,passed 8-7-90; amend. Ord. 90-51, passed; - -90; amend. Ord. 93-03, passed 2-2-03; amend. Ord. 93-11, passed 4-6-93; amend. Ord. O-26-93, passed 7-20-93; amend. Ord. O-42-93, passed 10-5-93; amend. Ord. O-45-93, passed 11-9-93; amend. Ord. O-59-93, passed 12-21-93; amend. Ord. O-3-94, passed 1-18-94; amend. Ord. O-26-94, passed 3-22-94; amend. Ord. O-13-95, passed 5-2-95; amend. Ord. O-22-97, passed 8-5-97; amend. Ord. O-18-98, passed 5-19-98; amend. Ord. O-34-98, passed 8-4-98; amend. Ord. O-29-00, passed 10-17-00; amend. Ord. O-22-01, passed 5-1-01; amend. Ord. O-34-01, passed 8-7-01; amend. Ord. O-37-01, passed 8-21-01; amend. Ord. O- 55-01, passed 12-4-01; amend. Ord. O-7-02, passed 3-20-02; amend. Ord. O-05-03, passed 1-21-03; amend. Ord. O-25-03, passed 5-6-03; amend. Ord. O-12- 04, passed 4-6-04; amend. Ord. O-25-04, passed 6-15-04; amend. Ord. O-39-04, passed 8-17-04; amend. Ord. O-27-05, passed 9- 20-05; amend. Ord. O-10-06, passed 6-6-06; amend. Ord. O-14- 06, passed 7-18-06; amend. Ord. O-13-07, passed 3-20-07; amend. Ord. O-20-07, passed 7-17-07; amend. Ord. O-01-08, passed 1- 15-08; amend. Ord. O-04-08, passed 3-4-08; amend. Ord. O-21-08, passed 9-16-08; amend. Ord. O-29-08, passed 12-16-08; amend. Ord. O-04-09, passed 2-3-09; amend. Ord. O-04-10, passed 2-16-10; amend. Ord. O-14-10, passed 5-4-10; amend. Ord. O-28-10, passed 10-5-10; amend. Ord. O-29-10, passed 10-19-10; amend. Ord. O-17-11, passed 5-3-11; amend. Ord. O- 41-11, passed 12-6-11; amend. Ord. O-01-12, passed 2-7-12; amend. Ord. O-03-12, passed 2- 21-12; amend. Ord. O-11-12, passed 8-7-12; amend. Ord. O-20- 12, passed 12-4-12; amend. Ord. O-34-13, passed 12-17-13; amend. Ord. O-35-13, passed 12-17-13; amend. Ord. O-2-14, passed 2-18-14; amend. Ord. O-03-14, passed 3-4-14; amend. Ord. O-07-14, passed 4-1-14; amend. Ord. O-18-14, passed 8-5-14; amend. Ord. O-27-14, passed 10-7-14; amend. Ord. O-30-14, passed 12-2-14; amend. Ord. O- 03-15, passed 1-20-15; amend. Ord. O-09-15, passed 3-17-15; amend. Ord. O-20-15, passed 5- 19-15; amend. Ord. O-47-15, passed 12-15-15; amend. Ord. O- 01-16, passed 1-19-16; amend. Ord. O-30-16, passed 11-15-16; amend. Ord. O-34-16, passed 12-20-16; amend. Ord. O-13-17, passed 3-21-17; amend. Ord. O-14-17, passed 3-21-17; amend. Ord. O-15-17, passed 3-21-17; amend. Ord. O-16-17, passed 4-18-17; amend. Ord. O-27-17, passed 9-5-17; amend. Ord. O-01-18, passed 2-6-18; amend. Ord. O-03-18, passed 2-20-18; amend. Ord. O-04-18, passed 3-6-18; amend.
Ord. O-04-19, passed 3-19-19; amend. Ord. O-05-19, passed 4-16-19; amend. Ord. O-15-21, passed 7-17-21; amend. Ord. O-21-21, passed 11- 2-21; amend. Ord. O-6-22, passed 4-19-22; amend. Ord. O-11-22, passed 8-2-22; amend. Ord. O-20- 22, passed 12-6-22; amend. Ord. O-23-22, passed 12-20-22; amend. Ord. O-12-23, passed 9-19-23; amend. Ord. O-13-23, passed 11-21-23)
An amendment is required in order to increase the number of licenses. The liquor commissioner, at the direction of the City Council, shall first hold a public hearing with due notice to consider the question. The liquor commissioner shall submit his recommendation to the City Council.
('69 Code, § 3-24; amend. Ord. O-62-69, passed 12-2-69)
(A) The fee per year for each class of license issued under this chapter shall be as follows:
(1) Retailer's Class A license, $2,000.
(2) Retailer's Class B license, $2,000.
(3) Retailer's Class C license, no charge.
(4) Retailer's Class D license, $1,850.
(5) Retailer's Class E license, $2,200.
(6) Retailer's Class F license, $1,850.
(7) Retailer's Class G license, $1,125.
(8) Retailer's Class H license, $1,500.
(B) When application is made for a class A, class B, class D, class E, class F, class G or class H license after July 1, the fee for the license shall be one-half of the annual fee. Such license shall expire on the next succeeding December 31 following issuance of the license.
(C) Each application for a Class A, B, C, D, E, F, G, or H liquor license shall be accompanied by an application fee of $2,500.
('69 Code, § 3-26) (amend. Ord. O-2-70, passed 1-6-70; amend. Ord. O-10-79, passed 3-20-79; amend. Ord. O-27-81, passed 10-6-81; amend. Ord. 89-22, passed 5-16-89; amend. Ord. O-58-93, passed 12-21-93; amend. Ord. O-60-93, passed 12-21-93; amend. Ord. O-47-02, passed 12-17-02; amend. Ord. O-41-06, passed 12-5-06)
All fees received for retail liquor dealer's licenses shall be paid to the liquor commissioner by certified check or money order, made payable to the city at the time application is made. The fees shall be forthwith turned over to the treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant, less a charge of $100 for application, investigation, and processing. If the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the city council by proper action.
('69 Code, § 3-27; amend. Ord. O-34-75, passed 8-19-75)
The liquor commissioner shall keep or cause to be kept a complete record of all retail liquor dealer licenses issued by him, and shall furnish the clerk, treasurer, and chief of police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the liquor commissioner shall give written notice of the action to each of these officers within 48 hours of the action.
('69 Code, § 3-28)
A retail liquor license shall be purely a personal privilege, good for not more than one year after issuance, unless sooner revoked as provided in this chapter, and 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 being encumbered or hypothecated. The license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent, or the insolvency or bankruptcy until the expiration of the license, but not longer than 6 months after the death, bankruptcy or insolvency of the licensee.
('69 Code, § 3-29)
Any licensee under this chapter may renew his license at the expiration thereof, provided he is then qualified to receive a license, and the premises for which the renewal license is sought are suitable for the purpose. However, the renewal privilege provided for herein shall not be construed as a vested right, which shall in any case prevent the City Council from decreasing the number of licenses to be issued within their jurisdiction.
('69 Code, § 3-30)
Loading...