A. Definition: For purposes of this chapter, "applicant" shall mean and include in the case of an individual, the individual; in the case of a copartnership, the persons entitled to share in the profits thereof; in the case of a corporation, officers and directors, and shareholders with a five percent (5%) or more interest; and in the case of a limited liability company, each member holding a five percent (5%) or more interest in the limited liability company and each manager thereof.
B. License Application: Applications for such licenses shall be made to the local liquor control commissioner, on forms to be provided by the city clerk signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation or limited liability company, verified by oath or affidavit and shall contain the following statements and information. (Ord. 2013-22, 10-28-2013)
C. Processing Fee: All applicants for a new liquor license shall be subject to and shall pay a nonrefundable two hundred fifty dollar ($250.00) processing fee per business, plus a forty dollar ($40.00) live scan fee for each individual owner of a sole proprietorship, and the individual making application on behalf of a partnership, corporation, or limited liability company. (Ord. 2017-5, 1-23-2017)
D. Statements And Information Required:
1. The name and address of the applicant in the case of an individual; in the case of a copartnership, the names and addresses of the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and shareholders with a five percent (5%) or more interest; and in the case of a limited liability company, the names and address of its manager(s) and the names and addresses of each member holding a five percent (5%) or more interest in the limited liability company. In each case, there shall also be provided the driver's license number and social security number of each individual named in the application.
2. A statement that if a copartnership, all members of the copartnership shall be qualified to obtain a license.
3. A statement that if a corporation, or limited liability company, all officers and directors and shareholders, and all managers and members with a five percent (5%) or more interest are eligible to receive a license hereunder for every reason other than residence. If a shareholder or member is also a corporation or limited liability company, the same information shall be provided as to all shareholders, members and managers of the owning entity.
4. The citizenship of the applicant, each officer or director of a corporate applicant and member or manager of a limited liability company, and their respective dates of birth, and if a naturalized citizen, the time and place of such naturalization.
5. A description of and the character of the business of the applicant.
6. The length of time said applicant has been in business of this character, or in the case of a corporation, the date when its charter was issued, or in the case of a limited liability company the date of filing/issuance of its articles of organization, together with evidence of authority to transact business in the state of Illinois and a certificate of good standing.
7. A statement that the applicant does beneficially own the premises for which a license is sought, or does have a written lease thereon for the full period for which the license is to be issued, accompanied by a copy of the lease.
8. A statement that the applicant is not a law enforcing public official, mayor or alderman of the city, and that no such official has any interest in any way, either directly or indirectly, in the sale, manufacturing or distribution of alcoholic liquor, or in the business of the applicant.
9. A statement that the applicant has not been convicted of being the keeper or is keeping a house of ill fame and has not been convicted of pandering or other crime or misdemeanor opposed to decency or morality.
10. A statement that if the business is conducted by a manager or agent, said manager or agent possesses the same qualifications required of the licensee.
11. A statement that the business premises are not within one hundred feet (100') of any church, school, hospital, home for the aged or indigent person or for veterans, their wives or children.
12. A statement that a majority of the customers are not or will not be minors and that the principal business does not consist of selling school books, supplies, food, lunches or drinks for such minors.
13. The location and description of the premises or place of business, which is to be operated under such license.
14. A statement whether applicant has made application for a similar or other license of premises other than described in the application, and the disposition of such application.
15. A statement that 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, the laws of this state or any other state, or the ordinances of this city.
16. A statement whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.
17. A statement that the applicant will not violate any of the laws of the state of Illinois or any other state, or of the United States, or any ordinance of the city in the conduct of his/its place of business.
E. Background Checks: All applicants for a liquor license shall be subject to background checks to be conducted by the city police department.
F. Incomplete Applications:
1. Application for licenses, which are incomplete, inaccurate or fail to contain the statements or information required by this chapter, shall be rejected. The commissioner shall issue a written rejection of such application setting forth the deficiency in said application within sixty (60) days of its receipt by the city clerk. Prior to such rejection, the applicant may submit the additional information or statements required to complete such application.
2. Administrative or legal expenses incurred in reviewing incomplete or inaccurate liquor applications, advising the applicant of such deficiencies and rejecting such applications shall be paid by the applicant. A bill or invoice shall be submitted to the applicant specifying the additional administrative or legal expenses incurred in processing the applicant's incomplete liquor application, which shall be paid by the applicant together with the annual license fee prior to the issuance of such license. (Ord. 2013-22, 10-28-2013)