A.
No person shall sell, keep or offer for sale at retail, or conduct
any place for the sale at retail of alcoholic liquor within the limits
and territory of this municipality without having a license to do
so, issued by the Mayor of this municipality in the manner hereinafter
provided, and a valid license for such purpose issued by the Illinois
Liquor Control Commissioner of the State of Illinois.
B.
A similar valid license issued by the Mayor of this municipality
is hereby required for and with respect to each building, location
and premises, within the aforesaid territory of this municipality,
at or upon which alcoholic liquor is to be sold or kept or offered
for sale at retail.
(See 235 ILCS 5/4-1)
A.
The Mayor is authorized to grant and issue licenses to individuals,
firms, and corporations to sell at retail and to keep and offer for
sale at retail alcoholic liquors within the limits and territory of
this municipality upon the conditions and in the manner provided by
this chapter and by the Liquor Control Act (235 ILCS 5/1-1 et seq.),
and not otherwise. Such license shall be in writing, signed by the
Mayor and attested by the Municipal Clerk, with the seal of his office
affixed thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Prior to issuance of a license, the applicant must submit to the
Mayor an application in triplicate, in writing and under oath, stating
the following:
(1)
The name, age, and address of the applicant in the case of an individual;
in the case of a copartnership, the persons entitled to share in the
profits thereof, and in the case of a corporation for profit or a
club, the date of incorporation, the object for which it was organized,
the names and addresses of the officers, directors and the name of
the person who will be managing the establishment for which the license
is sought, and if a majority in interest of the stock of such corporation
is owned by one person or his nominee, the address and name of such
person.
(2)
The citizenship of the applicant, his place of birth and, if a naturalized
citizen, the time and place of his naturalization.
(3)
The character of business of the applicant, and in the case of a
corporation, the objects for which it was formed.
(4)
The length of time that the applicant has been engaged in the business
of that character or, in the case of a corporation, the date on which
its charter was issued.
(5)
The location and description of the premises or place of business
which is to be operated under such license.
(6)
Whether applicant has made similar application for a similar other
license on premises other than described in the application and the
disposition of such application.
(7)
That applicant has never been convicted of a felony and is not disqualified
to receive a license by reason of any matter or thing contained in
the Liquor Control Act (235 ILCS 5/1-1 et seq.) or in this chapter
or resolution and amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
Whether a previous license issued to the applicant by any state,
or subdivision thereof, or by the federal government has been revoked
and the reasons therefor.
(9)
That he will not violate any of the laws of the State of Illinois
or of the United States, or any of the provisions of this chapter
or resolution and amendments thereto in the conduct of his place of
business.
C.
In the case of a partnership or corporation, the information and
statements required by this section shall be furnished as to each
partner, and with respect to a corporation, the information and statements
required by this section shall be furnished as to the president of
the corporation, the secretary of the corporation, the directors of
the corporation, and with respect to the person who is to manage the
establishment for which a license is sought.
D.
If the application is made on behalf of a partnership, firm, association,
club or corporation, then the same shall be signed and sworn to by
at least one member of such partnership, firm, association or club,
or by the president and secretary of such corporation.
E.
One copy of the application shall be retained by the Mayor and one
copy shall be given to the Chief of Police; the Chief of Police shall
endorse on the copies his approval or disapproval of the application
and may make further comments regarding that application. The copies
shall be returned to the Mayor and the endorsement and comment of
the Chief of Police shall be considered by him as an aid in deciding
whether the license should be issued or refused. (See 235 ILCS 5/7-1.)
The Mayor shall have the right to examine or cause to be examined,
under oath, any applicant for a local license or for renewal thereof,
or any licensee upon whom notice of revocation or suspension has been
served in the manner hereinafter provided, and to examine or cause
to be examined the books and records of any such applicant or licensee,
to hear testimony and take proof for his information in the performance
of his duties, and for such purpose to issue subpoenas which shall
be effective in any part of this state. For the purpose of obtaining
any of the information desired by the Mayor under this section, he
may authorize his agent to act on his behalf. (See 235 ILCS 5/4-5.)
Except as otherwise provided in Subsection U of this section,
no license of any kind shall be issued by the Mayor to the following:
A.
A person who is not a resident of this Village;
B.
A person who is not of good character and reputation in the community
in which he resides;
C.
A person who is not 21 years of age;
D.
A person who has been convicted of a felony under any federal or
state law, unless the Mayor determines that such person will not be
impaired by the conviction in engaging in the licensed practice after
considering matters set forth in such person's application in accordance
with 235 ILCS 5/6-2.5 and the Mayor's investigation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
A person who has been convicted of keeping a place of prostitution
or keeping a place of juvenile prostitution, promoting prostitution
that involves keeping a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile prostitution;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
A person who has been convicted of pandering;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
A person whose license issued under this chapter has been revoked
for cause;
H.
A person who, at the time of the application for renewal of any license
issued hereunder, would not be eligible for such license upon first
application;
I.
A copartnership, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership would not be eligible to receive
a license hereunder for any reason other than residence within the
political subdivision, unless residency is required by local ordinance;
J.
A corporation or limited-liability company, if any member, 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 and residence within the Village;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
A corporation or limited-liability company unless it is incorporated
or organized in Illinois, or unless it is a foreign corporation or
foreign limited-liability company which is qualified under the Business
Corporation Act of 1983 (805 ILCS 5/1.01 et seq.) or the Limited Liability
Company Act (805 ILCS 180/1-1 et seq.) to transact business in Illinois.
The Mayor shall permit and accept from an applicant for a license
under this chapter proof prepared from the Secretary of State's website
that the corporation or limited-liability company is in good standing
and is qualified under the Business Corporation Act of 1983 or the
Limited Liability Company Act to transact business in Illinois;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L.
A person whose place of business is conducted by a manager or agent
unless the manager or agent possesses the same qualifications required
by the licensee;
M.
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 this chapter or has forfeited
his bond to appear in court to answer charges for any such violation,
unless the Mayor determines, in accordance with 235 ILCS 5/6-2.5,
that the person will not be impaired by the conviction in engaging
in the licensed practice;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
N.
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;
O.
Any law-enforcing public official, including members of local liquor
control commissions, the President of the Village Board of Trustees,
any member of the Village Board of Trustees, and no such official
shall have a direct interest in the manufacture, sale, or distribution
of alcoholic liquor, except that a license may be granted to such
official in relation to premises that are not located within the territory
subject to the jurisdiction of that official if the issuance of such
license is approved by the State Liquor Control Commission and except
that a license may be granted to any member of the Village Board of
Trustees in relation to premises that are located within the territory
subject to the jurisdiction of that official if:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The sale of alcoholic liquor pursuant to the license is incidental
to the selling of food;
(2)
The issuance of the license is approved by the State Commission;
(3)
The issuance of the license is in accordance with all applicable
local ordinances in effect where the premises are located; and
(4)
The official granted a license does not vote on alcoholic liquor
issues pending before the Board of Trustees;
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Notwithstanding any provision of this Subsection O to the contrary, a member of the Village Board of Trustees other than the President of the Village Board of Trustees, may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law-enforcing public official, the Mayor or Village Board President. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor.
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P.
A person who is not a beneficial owner of the business to be operated
by the licensee;
Q.
A person who has been convicted of a gambling offense as prescribed by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or as proscribed by Section 28-1.1 or 28-3 of the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
R.
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 Raffles and Poker Runs Act (230 ILCS
15/1 et seq.) or the Illinois Pull Tabs and Jar Games Act (230 ILCS
20/1 et seq.);
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
S.
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 235 ILCS 5/6-21;
T.
A person who is delinquent in the payment of any indebtedness or
obligation to the Village;
U.
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 Mayor shall determine if all provisions of this Subsection U have been met before any action on the corporation's license is initiated;
V.
A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this Subsection V, a person who is licensed by any licensing authority as a “"manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer;
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
W.
A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns, on or after June 13, 2013, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of Subsection W, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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(See 235 ILCS 5/6-2)
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A.
Retail liquor licenses issued under this chapter shall be valid for
a twelve-month period upon the payment of the license fee as hereinafter
set forth unless sooner revoked or suspended. The twelve-month period
shall be from May 1 to April 30 of the following year.
B.
The license fee shall be payable in advance by the applicant for
a license at the time the application for a license is submitted to
the Mayor as hereinbefore provided. In the event the license is denied,
the license fee shall be returned to the applicant. The fees shall
be deposited in the Municipal General Fund. The application for a
license shall be filed with the Municipal Clerk.
C.
Licenses shall state thereon the names of the licensees and the address
and description of the premises for which they are granted and the
dates of their issuance and expiration.
D.
With respect to a corporation operating an establishment for which
a liquor license has been issued, should the manager of said establishment
change after the issuance of said liquor license, the corporation
must submit the new manager's name, which shall be submitted within
30 days. Continuation of the license will be contingent upon a background
check of the new manager as set out in this chapter, and all fees
shall be waived should the license be changed only as a result of
a change of managers. If, for some reason, the manager is not acceptable,
the licensee shall have 30 days to submit a new name before revocation.
Failure to provide new information shall be grounds for suspension
or revocation of said license.
(See 235 ILCS 5/4-1)
[Amended 5-10-1994 by Ord. No. 1273; 7-8-2003 by Ord. No. 03-1333; 8-25-2005 by Ord. No. 1355; 11-14-2011 by Ord. No. 11-1413; 3-8-2016 by Ord. No.
14-1462; 12-13-2016 by Ord. No. 16-1469; 8-21-2019 by Ord. No. 19-1479]
There shall be seven classes of licenses that shall be referred
to as the following. Fees for all licenses shall be set from time
to time by the Board of Trustees by resolution, subject to the provisions
of this chapter.
A.
Class A - Retail License. This license shall authorize the retail
sale of alcoholic liquor on the premises specified for consumption
on the premises, as well as other retail sales of such liquor. Live
music is allowed. There shall be a limit of 13 Class A licenses.
[Amended 6-16-2021 by Ord. No. 21-1493; 1-18-2023 by Ord. No. 23-1508; 10-18-2023 by Ord. No. 23-1515]
B.
Class A-1 - Pour-Only License. This license shall authorize the sale
of alcoholic liquor on the premises specified for consumption on the
premises only. No retail sales of such liquor will be allowed and
no live music or live entertainment is allowed. There shall be a limit
of two Class A-1 licenses.
[Amended 6-16-2021 by Ord. No. 21-1493]
C.
Class B - Liquor Store License. This license shall authorize the
retail sale of alcoholic liquor in sealed packages, but not for consumption
on the premises. There shall be a limit of five Class B licenses.
D.
Class C - Civic Organizations; Temporary License. This license shall
authorize a Class C license for a period of up to 72 hours to any
civic organization which keeps or desires to keep any place selling
or offering for sale, or in any manner dealing in any alcoholic liquors.
Live music is allowed.
E.
Class D License. (Reserved)
F.
Class E - Wine License. This license shall entitle the owner of a
business involved in primarily retail sales to offer wine by bottle
or case for retail sale or for limited consumption for tasting purposes
on the premises only. There shall be a limit of two Class E licenses.
G.
Class F - Restaurant License. This license shall be issued to establishments
in which the restaurant business exceeds 80% of the gross sales, not
including alcoholic beverages. There shall be a limit of one Class
F license issued.
H.
Class G - Civic Organizations License. This license shall authorize
the retail sale of alcoholic liquor on the premises specified for
consumption on the premises, which premises are owned, leased, or
otherwise occupied by a civic organization located within the Village.
The annual fee for such license shall be the same as a Class A license.
This license shall be issued to the bona fide civic organization that
owns or rents a premises wherein the organization wishes to sell alcoholic
beverages. Live music is allowed. There shall be a limit of one Class
G license available.
A license issued under this chapter shall be purely a personal
privilege, good for not to exceed one year after issuance unless sooner
revoked as in this chapter authorized and provided, and shall not
constitute property nor shall it be subject to attachment, garnishment
or execution; nor shall it be alienable or transferable, voluntarily
or involuntarily, or subject to being 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 and administrators of any estate of the deceased licensee
and the trustees 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 the order of the court having
jurisdiction of such estate and may exercise the privileges of such
deceased, 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. (See 235 ILCS 5/6-1.) (See Attorney
General's Report No. 703; 01-08-48.)
A.
Annexing license holders. The restrictions contained in this chapter
shall in no way affect taverns and other businesses holding retail
liquor licenses, duly licensed by the county, which are located in
the territory annexed to the municipality. Licenses may be issued
to them or renewed by the duly constituted authorities upon annexation;
provided that thereafter all of the restrictions and contingencies
contained herein shall apply.
B.
Destroyed or damaged business. No license shall be held in existence
by the mere payment of fees by any person, firm or corporation for
a period longer than 90 days without a tavern or liquor business for
the same being in complete and full operation. However, if a tavern
or liquor business has been destroyed or damaged by fire or act of
God and cannot be rebuilt or repaired within the ninety-day period,
then, in that event, the Mayor shall extend the period of time for
which a liquor license may be held by the mere payment of fees without
the tavern or liquor business being in full and complete operation
for an additional 90 days.
C.
If either of the above-stated periods of time passes without the
particular tavern or liquor business returning to complete and full
operation, the license for that particular business shall expire and
not be subject to renewal, unless all other requirements of this chapter
shall have been met.
(See 235 ILCS 5/4-1.)
No license shall be issued hereunder unless the applicant shall
file with the application a certificate by an insurance company authorized
to do business in the State of Illinois, certifying that the applicant
has the dramshop insurance coverages up to the full amount of potential
liability as established by the Illinois Compiled Statutes from time
to time. (See 235 ILCS 5/6-21.)
Every licensee under this chapter shall cause his license to
be framed and hung in plain view in a conspicuous place on the licensed
premises. (See 235 ILCS 5/6-24.)
The Mayor shall keep a complete record of all licenses issued
by him and shall supply the Clerk, Treasurer and Chief of Police a
copy of the same. Upon issuance or revocation of a license, the Mayor
shall give written notice to these same officers within 48 hours.
(See 235 ILCS 5/4-1.)
