Except as otherwise provided in division (U) below, no license of any kind shall be issued by the Local Commissioner to the following:
(A) A person who is not a resident of this village;
(B) A person who is not of good character and reputation in the community in which the applicant resides;
(C) A person who is not 21 years of age or older;
(D) A person who has been convicted of a felony under any federal or state law, unless the Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant;
(E) A person who has been convicted of being the keeper of 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 or morality;
(G) A person whose license issued under this Act has been revoked for cause;
(H) A person who, at the time of the application for renewal of any license issued hereunder, would not be eligible for such license upon first application;
(I) A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason other than residence within the political subdivision, unless residency is required by local ordinance;
(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 such 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 the Business Corporation Act of 1983 to transact business in the state;
(L) 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;
(M) 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 Act or has forfeited the person’s bond to appear in court to answer charges for any such violation;
(N) 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;
(O) Any law enforcing public official, including members of local liquor control commissions, any Local Commissioner of the Village Board of Trustees, any member of a Village Board of Trustees, and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted, to any member of a village board of trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if:
(1) The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
(2) The issuance of the license is approved by the State Commission;
(3) The issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located; and
(4) The official granted a license does not vote on alcoholic liquor issues pending before the board or council to which the license holder is elected.
(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 prescribed by the Criminal Code of 1961 § 28-1.1(a)(3) through (a)(11), or as proscribed by §§ 28-1.1 or 28-3 or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(R) A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
(S) A person who intends to sell alcoholic liquor for use or consumption on the person’s licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in 235 ILCS 5/6-21;
(T) A person who is delinquent in the payment of any indebtedness or obligation to the village; and
(U) A criminal conviction of a corporation is not grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation. The Local Commissioner shall determine if all provisions of this division (U) have been met before any action on the corporation’s license is initiated.
(2009 Code, § 21-2-4)
Statutory reference:
Similar provisions, see 235 ILCS 5/6-2