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No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of the sale of school books, school supplies, food, lunches or drinks for such minors.
(Ord. 06-101, passed 4-17-2006) Penalty, see § 113.99
(A) In addition to other grounds specified in this chapter, the Local Liquor Control Commission, on complaint of the state’s Department of Revenue, shall refuse the issuance or renewal of a retail liquor dealer’s license, or suspend or revoke the license, of any person, for any of the following violations of any tax act administered by the state’s Department of Revenue:
(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 sub-certificates of registration, if required; and
(6) Willful violation of any rule or regulation of the state’s Department of Revenue relating to the administration and enforcement of tax liability.
(B) Upon receiving notice from the state’s Department of Revenue that a violation of any of divisions (A)(1) through (A)(6) above have been corrected or otherwise resolved to the Department’s satisfaction, the Local Liquor Control Commission may vacate an order of revocation.
(Ord. 06-101, passed 4-17-2006)
All retail liquor dealer’s licenses shall be valid from the date and time issued until one minute past 12:01 a.m. on the following April 30, unless suspended or revoked sooner as provided for in this chapter. No license shall be issued or valid for a term of longer than one year. The fee paid for a license shall be reduced in proportion to the number of full calendar months remaining until expiration of the license.
(Ord. 06-101, passed 4-17-2006)
(A) A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntary or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided that, executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee.
(B) Any licensee may renew his or her license at the expiration thereof, provided the licensee is then qualified at the time of renewal to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and, provided further that, the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Village Board from decreasing the number of licenses to be issued within the village. No retail liquor dealer’s license shall be renewed unless the applicant provides documentation that any tax owed to the village has been satisfied by payment.
(C) All applications for the renewal of a retail liquor dealer’s license shall be made in writing to the Local Liquor Control Commission at least 15 days prior to the date of expiration of said license. It shall not be necessary for the licensee to file a full license application in order to obtain a renewal of the license; provided that, the applicant shall submit an affidavit stating that the information and statements contained in the original application have not changed, and such affidavit shall be accompanied by the required license fee.
(D) Any person who shall fail to make application for renewal and pay the fee as herein provided shall be deemed to have forfeited and abandoned such license, and no renewal thereof shall thereafter be permitted. Any such license so forfeited or abandoned shall not be reissued, and any such person seeking thereafter to procure a license shall be considered as a new applicant and shall be subject to all limitations as to the number of licenses to be issued, as heretofore provided.
(E) Nothing contained in this section shall be construed to require the Local Liquor Control Commission to renew a license when the total number of licenses outstanding in a particular license classification exceeds those permitted by this chapter.
(Ord. 06-101, passed 4-17-2006)
(A) No corporate licensee shall permit any transfer of its stock which would vest in aggregate more than 5% of the stock outstanding in said corporation in any stockholder unless said stockholder has been previously approved by the Local Liquor Control Commission. All requests for approval of stockholders shall be in writing and under oath stating substantially the same requisites as set forth in § 113.20 of this chapter.
(B) The Local Liquor Control Commission shall approve such transfer of stock unless the proposed stockholder would be ineligible to receive a license for the retail sale of alcoholic liquor under this chapter for any reason other than citizenship and residence within the village.
(Ord. 06-101, passed 4-17-2006)
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