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§ 111.16 APPLICATION FOR LICENSE.
   An applicant for a license shall submit to the Liquor Commissioner or to the Village Clerk (who shall transmit the application to the Liquor Commissioner) an application in writing under oath stating:
   (A)   The applicant’s name and mailing address;
   (B)   The name and address of the applicant’s business;
   (C)   If applicable, the date of the filing of the assumed name of the business with the County Clerk;
   (D)   In case of a copartnership, the date of the formation of the partnership; in the case of a state corporation, the date of its incorporation; 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;
   (E)   The number, the date of issuance and the date of expiration of the applicant’s current state and local retail liquor licenses;
   (F)   The name and address of the landlord if the premises are leased, with a copy of the lease;
   (G)   Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has made an application for a liquor license which has been denied and, if so, the reasons therefor;
   (H)   Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has ever had any previous liquor license suspended or revoked and, if so, the specific reasons thereof;
   (I)   Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has ever been convicted of any criminal misdemeanor or felony and, if so, the particulars thereof;
   (J)   Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, possesses a current federal wagering stamp and, if so, the reasons therefor;
   (K)   Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, or any other person with an interest in the applicant’s place of business is a public official and, if so, the particulars thereof;
   (L)   The applicant’s name, sex, date of birth, Social Security number, position and percentage of ownership in the business; and the name, sex, date of birth, Social Security number, position and percentage of ownership in the business of every owner, partner, corporate officer, director, manager and any person who owns 5% or more of the shares of the applicant’s business entity or parent corporations of the applicant business entity;
   (M)   In addition to any other requirement of this section, an applicant for a special event retailer’s license shall also submit proof of adequate dram shop insurance for the special event prior to being issued a license;
   (N)   If the application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by at least two members of such partnership or the president and secretary of such corporation or two authorized agents of said partnership or corporation; and
   (O)   The transaction control number (TCN), issued by an approved LIVESCAN vendor documenting that digital fingerprints have been submitted to appropriate state and federal agencies, when background check is required by ordinance.
(Prior Code, § 110.004) (Ord. 93-014, passed 5-24-1993; Ord. 15-020, passed 7-20-2015)
§ 111.17 DISPOSITION OF LICENSE APPLICATION.
   (A)   The Liquor Commissioner shall require a background check on any new applicant for a Class C or F liquor license. When the applicant is a partnership, the background check shall include all partners thereof. When the applicant is a corporation, the background check shall include the officers, manager or director of the corporation and any stockholder or stockholders owning in the aggregate more than 5% of the capital stock of the corporation. When the applicant is a limited liability company, the background check shall include the managers, officers and members owning in the aggregate more than 5% of the membership interest of the limited liability company.
   (B)   The Liquor Commissioner may, in his or her discretion, require a background check on any new applicant for a liquor license other than Class C or F. When the applicant is a partnership, the background check may include all partners thereof. When the applicant is a corporation or limited liability company, the background check may include the officers, manager or director of the corporation and any stockholders or members owning in the aggregate more than 5% of the capital stock of the corporation. When the applicant is a limited liability company, the background check may include the managers, officers and members owning in the aggregate more than 5% of the membership interest of the limited liability company.
   (C)   The background check shall include digital fingerprinting and picture completed by an approved LIVESCAN vendor, as listed on Illinois State Police website. The Police Chief will give individuals requiring a background check the ORI code for the Village Liquor Commission. Each individual shall be responsible for scheduling and completing his or her digital fingerprint submission and obtaining the transaction control number (TCN) issued by the approved vendor documenting the submission to state and federal agencies, and shall include the TCN on the liquor license application. Each individual shall be responsible for any charges incurred with respect to the LIVESCAN procedures, and shall pay the approved LIVESCAN vendor directly; in no event shall the village be responsible for LIVESCAN vendor charges. The digital fingerprints shall be submitted to the appropriate state and federal agencies for processing as available.
   (D)   The Liquor Commissioner may, after examination of the application, require the submission of further information needed for a determination under § 111.18 of this chapter or conduct further investigations, as set forth in § 111.02(B)(5) of this chapter.
   (E)   The Commissioner shall issue a written acceptance or rejection of an applicant within 60 days of its receipt by the Commissioner or Village Clerk; or shall notify an applicant of the reasons for further time being necessary to complete the investigation or processing.
(Prior Code, § 110.005) (Ord. 93-014, passed 5-24-1993; Ord. 2008-016, passed 5-19-2008; Ord. 15-020, passed 7-20-2015)
§ 111.18 RESTRICTION ON LICENSEES.
   No liquor licenses shall be issued to:
   (A)   A natural person who is not a resident of the village;
   (B)   A natural person who is not of good character and reputation in the community in which such person resides;
   (C)   A natural person who is not a citizen of the United States;
   (D)   A natural person who has been convicted of being the keeper or is keeping a house of ill fame;
   (E)   A natural person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
   (F)   A natural person whose license under this chapter or under the Liquor Control Act has been revoked for cause;
   (G)   A natural 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;
   (H)   A copartnership, if any general partnership thereof or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license hereunder for any reason other than residence;
   (I)   A corporation, if any officer, manager, assistant manager or director thereof, or any stockholder or stockholders 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;
   (J)   A corporation, unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the Business Corporation Act to transact business in the state;
   (K)   A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
   (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, or who shall have forfeited a bond to appear in Court to answer charges for any such violation;
   (M)   A person who does not actually or 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;
   (N)   Any law enforcing public official, including members of local liquor control commissions, any mayor, alderman or member of the city council or commission, any president of a village board of trustees, any member of a village board of trustees or any president or member of a county board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor; except that, the license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Commission;
   (O)   Any person, firm or corporation not eligible for or who has failed to obtain a state retail liquor dealer’s license;
   (P)   A person who is not a beneficial owner of the business to be operated by the licensee;
   (Q)   A person who has been convicted of a gambling offense as proscribed by 720 ILCS 5/28-1(a)(3) through (a)(10), or as proscribed by a statute replacing any of the aforesaid statutory provisions;
   (R)   A natural person to whom a federal gaming device or a federal wagering stamp has been issued by the federal government for the current tax period;
   (S)   A copartnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;
   (T)   A corporation, if any officer, manager or director thereof, of any stockholder owning in the aggregate more than 5% of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period; and/or
   (U)   Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(Prior Code, § 110.006) (Ord. 93-014, passed 5-24-1993)
§ 111.19 RECORD OF LICENSES.
   (A)   The Village Clerk shall keep a complete record of all such licenses issued and shall furnish the Chief of Police with a copy thereof.
   (B)   Upon revocation or suspension of any license, the Village Clerk shall immediately give written notice thereof to the Chief.
(Prior Code, § 110.007) (Ord. 93-014, passed 5-24-1993)
§ 111.20 INSURANCE REQUIREMENTS.
   (A)   No license shall be granted to an applicant until such applicant shall furnish evidence satisfactory to the Liquor Commissioner that such applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the state insuring such applicant against liability which such applicant may incur under the Liquor Control Act.
   (B)   The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license sought.
(Prior Code, § 110.008) (Ord. 93-014, passed 5-24-1993)
§ 111.21 TERM OF LICENSE; RENEWALS.
   (A)   Each license issued hereunder shall terminate on April 30 following the issuance thereof, except Class A and B licenses, which shall be for limited periods as prescribed in § 111.26 of this chapter.
   (B)   At the expiration of each license period, the licensee shall submit a new application for each renewal period, which shall be processed in the same manner as an application for a new license, except that any background check will be discretionary with the Liquor Commissioner, and not required. If the application meets the standards of this chapter, the licensee shall be entitled to renewal of the license. The renewal privilege shall not be construed as a vested right which shall prevent the corporate authorities of the village from decreasing or limiting the number of classes of licenses to be issued pursuant to this chapter.
(Prior Code, § 110.009) (Ord. 93-014, passed 5-24-1993; Ord. 2008-016, passed 5-19-2008)
§ 111.22 TRANSFER OF LICENSE.
   (A)   A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided herein, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable for transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution; provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate Court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee.
   (B)   A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with this section.
(Prior Code, § 110.010) (Ord. 93-014, passed 5-24-1993)
§ 111.23 BANQUET HALL LICENSES.
   A Class BA “banquet hall” license shall authorize the service or sale of alcoholic liquor at retail, to be sold and served by the drink or pitcher only, although beer may be sold by the keg, and wine may be sold by the bottle, so long as beer and wine are served by the drink or by the pitcher, for consumption on the premises only, in the course of banquet hall business. In the course of this business, the licensee is responsible for control of patrons in the business premises, and at no time may patrons be allowed to act as bartenders or otherwise dispense liquor. At all times that the premises are used for the sale of alcoholic liquor, the licensee or a manager acting for the licensee must be on the premises. Alcoholic liquor may be sold and served only during such times and in such areas within the facility as are evidenced by a written rental agreement, which agreement shall be available for inspection by the Liquor Commissioner or his or her agents during each event and for six months thereafter. The annual fee for the license shall be $250 payable in two installments, $125 on April 30 of each year and $125 on October 30 of each year. The number of banquet hall licenses shall be two.
(Prior Code, § 110.010A) (Ord. 2009-016, passed 6-1-2009; Ord. 13-017, passed 8-19-2013)
§ 111.24 PERMANENT OUTDOOR TAVERN AREA PERMIT.
   (A)   On application and payment of an investigation and processing fee of $100 in addition to the license fees set forth herein, the holder of a Class B, C, E, EE and F license may be issued a permanent outdoor tavern area permit.
   (B)   A permanent outdoor tavern area permit shall, upon issuance, entitle the licensee to allow outside alcoholic liquor consumption as authorized by his or her primary classification, outside of the permanent structure of his or her premises, under the following conditions.
      (1)   A permanent fence, not less than six feet in height, made of wood or other similar material, shall be erected by the licensee. Design and material must be approved by the Liquor Commissioner in accordance with standards approved from time to time by the Village Board. The fence shall be designed in such a manner so as to separate the licensee’s patrons from the general public, and shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property. All applicable fence permits must be obtained and fees paid prior to erecting the fence.
      (2)   (a)   Access into the outdoor tavern area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property. Emergency exits as approved by the Liquor Commissioner shall be provided.
         (b)   Access into the outdoor tavern area may also be granted through the emergency exit, so long as the emergency exit is staffed at all times by an employee of the licensee who is checking identification cards and ensuring that no alcoholic beverages are brought into or taken out of the outdoor tavern area.
      (3)   No music of any kind may be played or broadcast from the outdoor tavern area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
      (4)   No sales or dispensing of alcoholic liquor may be made from the outside tavern area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outdoor café or permanent structure.
      (5)   Proof of dram shop insurance coverage on the outdoor tavern area must be submitted with the completed application.
      (6)   Adequate security must be provided by the licensee.
      (7)   Outside tavern area activities may only be conducted during normal business hours of the establishment.
      (8)   There shall be no sales of alcoholic liquors within the permanent outside tavern area. All sales shall occur within the licensed premises and alcoholic liquor shall be carried by the customers to the outside tavern area.
      (9)   The permanent outside tavern area may include an outside smoking shelter erected and maintained in accordance with the Smoke Free Illinois Act, 30 ILCS 805/8.31 et seq., and any regulations of the state promulgated in accordance therewith, as presently in force or as hereinafter amended. Compliance with such act and regulations is a condition of issuance and renewal of the permit.
      (10)   The annual fee for an outdoor sales permit shall be $25, with a $15 annual renewal/inspection fee.
      (11)   The licensee shall be subject to all other regulations governing the class of license held by the licensee, including, but not limited to, regulations governing hours and the sale of food, except as specifically amended herein.
   (C)   The initial permanent outside tavern area permit shall expire upon the expiration of the license that is current as of the date of issuance of the initial permit. Thereafter, the permanent outside tavern area permit may be renewed and shall expire annually along with the expiration and renewal of the license. The annual fee for the permit shall be $100, to be paid by the licensee along with the license fee.
   (D)   Each licensed premises shall be limited to one outdoor tavern area permit for one outdoor tavern area.
(Prior Code, § 110.010B) (Ord. 2007-038, passed 12-3-2007; Ord. 2008-016, passed 5-19-2008; Ord. 2008-038, passed 11-3-2008)
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