No license authorized by this chapter shall be issued to or maintained by:
A. A person who is not a resident of the village, unless a person has been designated to receive process and mail, as set forth herein.
B. A person who is not of good character and reputation in the village.
C. A person who is not a citizen or legal resident of the United States.
D. A person who has been convicted of a felony under any federal or state law, unless the local liquor control commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and any investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
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G. A person whose license issued under this chapter has been revoked for cause.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 such license upon a first application.
I. A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (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 within the village.
J. A corporation or limited liability company, if any member, officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residency within the village.
K. A corporation or limited liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the business corporation act of 1983 1 or the limited liability company act 2 to transact business in Illinois. The local liquor control commissioner shall permit and accept from an applicant for a license under this chapter proof prepared from the secretary of state's website that the corporation or limited liability company is in good standing and is qualified under the business corporation act of 1983 or the limited liability company act to transact business in Illinois.
L. A limited liability company, unless it is formed in Illinois, or unless it is a foreign limited liability company which is qualified to transact business in Illinois.
M. 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.
N. 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 the liquor control act, or has forfeited his bond to appear in court to answer charges for any such violation.
O. A person who, individually or through agents or employees, has failed to maintain order at the premises by the owner, staff or patrons, including, but not limited to: 1) violations of the law relating to the manufacture, sale and possession of alcohol; 2) incidents of physical violence or peace disturbance; 3) sale or possession of controlled substances or cannabis; or 4) violations of other laws and ordinances related to the health, peace, morals and well being of the community.
P. 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.
Q. 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 the village board of trustees, or any member of a village board of trustees having a direct interest in the manufacture, sale, or distribution of alcoholic liquor; except, that a license may be granted to such official in relation to premises that is not located within the village if the issuance of such license is approved by the state liquor control commission.
R. A person who is not a beneficial owner of the business to be operated by the licensee.
S. A person who has been convicted of a gambling offense as proscribed by any of subsections (a)(3) through (a)(11) of section 28-1 of, or as proscribed by, section 28-1.1 or 28-3 of the Illinois criminal code 3 , or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
U. A person who is delinquent in the payment of any indebtedness or obligation to the village. This includes any owner, shareholder, partner or member of five percent (5%) or more of the enterprise, or any manager, officer or director.
V. A person who has not complied with each and every business licensing provision set forth in the ordinances of the village or the laws of the state of Illinois or the United States.
W. A person who has not complied with and maintained a license or permit for the sale or preparation of food as required by the county department of public health or comparable agency.
X. A person who intends to sell alcoholic liquors for use or consumption on his or her 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 Illinois Compiled Statutes 5/6-21(a). (Ord. 774, 12-4-2000; amd. 2012 Code)
Notes
| 1 | 1. 805 ILCS 5/1.01 et seq. |
| 2 | 2. 805 ILCS 180/1-1 et seq. |
| 3 | 1. 720 ILCS 5/28-1(a)(3) through (a)(11), 5/28-1.1, 5/28-3. |
| 4 | 1. 230 ILCS 15/0.01 et seq. |
| 2 | 2. 230 ILCS 20/1 et seq. |