§ 113.44 PRIVILEGE GRANTED BY LICENSE; NATURE AS TO PROPERTY; LICENSE NOT ALIENABLE OR TRANSFERABLE; TAX DELINQUENCIES; RENEWAL.
   (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)