§ 113.23 ISSUANCE OF LICENSES TO CERTAIN PERSONS PROHIBITED.
   (A)   Except as otherwise provided in this section, no retail liquor dealer’s license shall be issued to:
      (1)   A person who has been convicted of a felony under any federal or state law;
      (2)   A person who is not of good character and reputation in the community in which he or she resides;
      (3)   A person who has been convicted of being the keeper or is the keeper of a house of ill fame;
      (4)   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
      (5)   A person, agent or manager operating a business that is not a corporation and is not a resident of the village;
      (6)   A person whose license issued under this chapter has been revoked for cause;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 issued hereunder would not be eligible for such license upon first application;
      (8)   A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate partner interest in such co-partnership would not be eligible to receive a license hereunder;
      (9)   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;
      (10)   A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee;
      (11)   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 state’s Liquor Control Act of 1934, or who has forfeited his or her bond to appear in court to answer charges for any such violation;
      (12)   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;
      (13)   Any law enforcing public official, including members, if any, of a Village Liquor Control Commission, the Village President or any Village Trustee; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor; except that, a retail liquor dealer’s license may be granted to any alderman or member of the Village Board if:
         (a)   The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
         (b)   The issuance of the license is approved by the state’s Liquor Control Commission;
         (c)   The issuance of the license is in accordance with all applicable local ordinances; and
         (d)   The official granted a license does not vote on alcoholic liquor issues pending before the Village Board.
      (14)   Any person, association or corporation not eligible for a state retail liquor license;
      (15)   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 § 6-21(a) of the state’s Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., as amended;
      (16)   A person who is not a citizen of the United States;
      (17)   A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the state’s Business Corporation Act of 1983, being 805 ILCS 5/1.01 et seq., to transact business in the state;
      (18)   A person who is not a beneficial owner of the business to be operated by the licensee;
      (19)   A person who has been convicted of a gambling offense as proscribed by any of § 23-1(a)(3) through (a)(11) of, or as proscribed by §§ 28-1.1 or 28-3 of, the state’s Criminal Code of 2012, being 720 ILCS 5/28-1(a)(3) through (a)(12) or 28-1.1 or 28-3, or as proscribed by a statute replaced by any of the aforesaid statutory provisions; and
      (20)   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 state’s Raffles and Poker Runs Act, being 230 ILCS 15/0.01 et seq., or the state’s Pull Tabs and Jar Games Act, being 230 ILCS 5/1 et seq.
   (B)   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 Liquor Control Commission shall determine if all provisions of this section have been met before any action on the corporation’s license is initiated.
(Ord. 06-101, passed 4-17-2006)