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Each person applying for a retail dealer’s liquor license under this chapter, shall execute a penal bond in the sum of $1,500 with at least two personal securities or a solvent surety company licensed to do business in the state, to be approved by the Village Board. Said bond shall be filed with the Village Clerk at the same time the application is presented, and shall be conditioned upon the faithful observance by the licensee of the provisions of this chapter and of the laws of the state and of the United States of America, applying to the sale and possession of alcoholic liquor. Said bond shall be refunded to the applicant if the application for a license is denied. If a licensee shall be convicted of the violation of any of the provisions of this chapter or the state’s Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., or his or her license shall be revoked and no appeal is taken from said order of revocation or any appeal taken therefrom is decided adversely to the licensee, said bond shall thereupon be forfeited to the village.
(Ord. 06-101, passed 4-17-2006)
(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(6) A person whose license issued under this chapter has been revoked for cause;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)
(A) The Local Liquor Control Commissioner may revoke or suspend any retail liquor dealer’s license if the licensee or any of his or her agents or employees:
(1) Commit any violation of federal law, this chapter, the state’s Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., or any rules or regulations established by the Local Liquor Control Commission or the state’s Liquor Control Commission;
(2) Willfully makes any false statement as to a material fact ir the application for a retail liquor dealer’s license or a renewal thereof;
(3) Permits any disorderly conduct or immoral practices upon the licensed premises;
(4) Permits any person other than the named licensee to create an alcoholic liquor business under such license; or
(5) Fails to comply with the Building Code of the village.
(B) No retail liquor dealer’s license shall be revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commission with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend the charges against him or her. All hearings shall be open to the public, and the Local Liquor Control Commission shall reduce all evidence to writing and shall maintain a certified official record of the proceedings to be taken and prepared by a certified court reporter or certified shorthand reporter. If the Local Liquor Control Commission has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period; except that, if the licensee is also engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to the other business or businesses. If the Local Liquor Control Commission determines after the hearing that the license should be revoked or suspended or that the licensee should be fined, he or she shall within five days after the hearing state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee.
(C) The Local Liquor Commissioner may appoint a Deputy Commissioner to serve in his or her absence with all the powers afforded the Liquor Commissioner.
(D) (1) The Local Liquor Control Commission may revoke or suspend any license issued hereunder if it determines that the licensee has violated any of the provisions of the Video Gaming Act (230 ILCS 40/1 et seq.) and/or Title 11 of the Ill. Adm. Code Subtitle D: Video Gaming, Chapter 1: Illinois Gaming Board, part 1800 Video Gaming (General), as amended, incorporated by reference in this chapter. No such license shall be revoked or suspended for more than 30 days and no license shall be fined, except after public hearing by the Local Liquor Commission with a three-day written notice to the licensee affording the licensee opportunity to appear and defend.
(2) If the Local Liquor Control Commission has reason to believe that any continued operation of a particular licensed premises will in any way threaten the welfare of the village, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee opportunity to be heard during that period; except that, if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
(3) The Local Liquor Control Commission shall, within five days after such hearing, if it determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of the suspension or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee. The licensee shall have the privilege, within a period of 20 days after receipt of such order of fine, suspension or revocation, of appealing the order to the state’s Liquor Control Commission and upon the filing of such an appeal by the licensee, the state’s Liquor Commission shall determine the appeal upon the certified record of proceedings of the Local Control Commission in accordance with state law.
(Ord. 06-101, passed 4-17-2006; Ord. 13-102, passed 3-4-2013) Penalty, see § 113.99
Any five residents of the village shall have the right to file a complaint with the Local Liquor Control Commission stating that any person licensed under the provisions of this chapter has been or is violating the provisions of this chapter, the state’s Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., or any rules or regulations of the Local Liquor Control Commission or the state’s Liquor Control Commission. Such complaint shall be in writing in the form prescribed by the Local Liquor Control Commission and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the Local Liquor Control Commission is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he or she shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.
(Ord. 06-101, passed 4-17-2006)
(A) Except as provided in this section, any order or action of the Local Liquor Control Commission in levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than 30 days to grant a hearing upon a complaint to revoke or suspend a license may, within 20 days after notice of such order or action, be appealed by any resident of the village or any person interested, to the state’s Liquor Control Commission in accordance with state law and the Commission’s rules and regulations.
(B) In any case where a licensee appeals to the state’s Liquor Control Commission from an order or action having the effect of suspending or revoking a license, denying a renewal application or refusing to grant a license, the licensee may resume the operation of the licensed business pending the decision of the state Liquor Control Commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing. In any case in which a licensee appeals to the state’s Liquor Control Commission a suspension or revocation that is the second or subsequent suspension or revocation imposed on that licensee within the preceding 12-month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Local Liquor Control Commission’s action has been issued by the state’s Liquor Control Commission and shall cease all activity otherwise authorized by the license.
(C) The appeal authorized by this section shall be limited to a review of the official record of the proceedings of the Local Liquor Control Commission. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the Local Liquor Control Commission within five days after notice of the filing of such appeal, if the appellant licensee pays for the cost of the transcript.
(Ord. 06-101, passed 4-17-2006)
(A) When any retail liquor dealer’s license has been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of selling alcoholic liquor in the premises described in the revoked license unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only.
(B) Nothing in this section shall prohibit the issuance of a retail liquor dealer’s license authorizing the sale of alcoholic liquor incidental to a restaurant if:
(1) The primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant;
(2) The immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail liquor dealer’s license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership; and
(3) The restaurant is located 100 feet or more feet from a school.
(Ord. 06-101, passed 4-17-2006)
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