(A)
No retail liquor dealer's license shall be issued to:
(1) A person who is not a citizen of the United States (specifically in the case of a corporation or limited liability company, the entity must be in good standing with the Illinois Secretary of State in order to qualify as a citizen of the United States);
(2) A person who is not of good character and reputation in the community in the Village of South Elgin;
(3) A person who has been convicted of being the keeper or is keeping a house of ill fame;
(4) A person who has been convicted of a felony under any federal or state law;
(5) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(6) A person whose license issued under this chapter has been revoked for cause;
(7) A person who at the time of application for renewal of any license hereunder would not be eligible for such license upon a first application;
(8) Specifically in the case of a corporation or limited liability company, such corporation or limited liability company shall be ineligible if any officer, manager or director thereof, or any stockholder or stockholders of non-publicly traded corporations, or member or members of a limited liability company owning in the aggregate more than a 5% interest of such corporation or limited liability company would not be eligible to receive a license under divisions (A)(3) through (8) above;
(9) A person whose place of business is conducted by a liquor manager unless said liquor manager is a U.S. citizen, possesses the same qualifications required of the licensee, and possesses a valid certificate that he or she has successfully completed an alcohol training program approved by the State of Illinois (i.e., B.A.S.S.E.T.T.);
(10) 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 January 31, 1934, or shall have forfeited his bond to appear in court to answer charges for any such violation;
(11) A person who does not own the premises for which license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(12) Any law-enforcing public official, including the Village President and current members of the Village Board, the Local Liquor Control Commission, the Police Department, or the Kane County Board;
(13) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license;
(14) A corporation, unless it is incorporated in Illinois or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act, ILCS Ch. 805, Act 5, §§ 1.01 et seq., to transact business in Illinois;
(15) Any person, firm, or corporation not eligible for a state retail liquor dealer's license;
(16) Any applicant who fails to obtain a state liquor license;
(17) A person who has been convicted of a gambling offense as proscribed by any of ILCS Ch. 720, Act 5, § 28-1(a)(3) through (a)(10), or as proscribed by ILCS Ch. 720, Act 5, § 28-3, as heretofore or hereafter amended, or as proscribed by a statute replacing any of the aforesaid statutory provisions.
(B) In addition to other grounds specified in this chapter, the Local Liquor Control Commissioner may refuse the issuance or renewal of a retail license, or suspend or revoke such license, for any of the following violations of the "Retailers' Occupational Tax Act," approved June 28, 1933, being ILCS Ch. 35, Act 120, §§ 1 et seq., as amended:
(1) Failure to make a tax return;
(2) The filing of a fraudulent return;
(3) Failure to pay all or part of any tax or penalty finally determined to be due;
(4) Failure to keep books and records;
(5) Failure to secure and display a certificate or subcertificate of registration;
(6) Wilful violation of any rule or regulation of the department relating to the administration and enforcement of tax liability.
(C) The Liquor Commission may place reasonable conditions upon the issuance of renewal of any license and said conditions shall be recorded upon the face of the license.
(Ord. 2019-39, passed 11-4-19; Am. Ord. 2023-33, passed 6-19-23)