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 Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
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 Act of the General Assembly of Illinois, 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.
B. 
Application contents.
(1) 
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:
(a) 
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.
(b) 
The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
(c) 
The character of business of the applicant and, in the case of a corporation, the objects for which it was formed.
(d) 
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.
(e) 
The location and description of the premises or place of business which is to be operated under such license.
(f) 
Whether applicant has made similar application for a similar other license on premises other than those described in the application and the disposition of such application.
(g) 
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 aforesaid Act of the General Assembly or in this chapter and amendments thereto.
(h) 
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.
(i) 
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 and amendments thereto in the conduct of his place of business.
(j) 
Any other information requested on a liquor license application in a form prescribed by the City.
(2) 
Attached to each copy of the liquor license application shall be a true and correct copy of the applicant's most recent application submitted to the State of Illinois for a state liquor license.
(3) 
The City may from time to time revise its liquor license application to require additional information. The licensee may be required, at the discretion of the City, to provide additional or new information at any time during the license period.
(4) 
If any information provided on a liquor license application is found by the licensee to be incorrect, becomes outdated or is inaccurate for any other reason, it shall be the licensee's responsibility to immediately provide to the City in writing the corrected or modified information.
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 two members 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, one copy 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.
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.
[Amended 10-23-2017 by Ord. No. 2017/10/23-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No retail license shall be issued by the Mayor to the following:
A. 
A person who is operating as a sole proprietor and is not a resident of this municipality.
B. 
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.
C. 
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.
D. 
A person who has been convicted of pandering.
E. 
A person whose license has previously been revoked for cause.
F. 
A person who, at the time of the application for renewal for any license issued hereunder, would not be eligible for such license upon first application.
G. 
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 City.
H. 
A corporation or limited-liability company, if any officer, manager or director thereof or any stockholder owning in the aggregate more than 5% of such corporation would not be eligible to receive a license hereunder for any reason other than the requirement for residence.
I. 
A corporation unless it is incorporated in the State of Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in Illinois.
J. 
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.
K. 
Any person, association or corporation not eligible for a state retail liquor license.
L. 
A person who is not of good character and reputation in the community in which he resides.
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 code, 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.
N. 
A person who does not own the premises for which a license is sought, or does not rent nor have a lease thereon for the full period for which the license is to be issued.
O. 
Any law-enforcing public official, including the Mayor or any Alderman, and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor; except that a license may be granted to such official in relation to premises which 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 the Mayor; and except that a license may be granted to any Alderman in relation to premises that are located within the City if 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 Liquor Control 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 City Council. Notwithstanding any provision of this Subsection O to the contrary, an Alderman 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 or the Mayor. 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.
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 proscribed by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or as proscribed by Section 28-3 of, the Criminal Code of 1961 or of the Criminal Code of 2012, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
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 or the Illinois Pull Tabs and Jar Games Act.
S. 
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 or the Limited Liability Company Act 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.
T. 
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 Subsection (a) of 235 ILCS 5/6-21.
U. 
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 U, 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.
V. 
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 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 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.
A. 
Retail liquor licenses issued under this chapter shall be valid for twelve-month periods upon the payment of the license fee as hereinafter set forth unless sooner revoked or suspended. The twelve-month periods shall be from May 1 to April 30 of the following year. The license may be issued in three-month periods.
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 Local Liquor Control Commissioner 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 and it 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.
[Amended 10-22-2018 by Ord. No. 2018/10/22-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There shall be three classes of licenses that shall be referred to as the following:
A. 
Class A: a retail license which 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. The annual fee for such license shall as set from time to time by the City Council. There shall be a limit of two Class A licenses.
B. 
Class B: a license which shall authorize the retail sale of beer and wine in sealed packages, but not for consumption on the premises. The annual license fee for such a license shall be as set from time to time by the City Council. A Class B (Modified) license shall authorize the sale of alcoholic liquor in sealed packages, but not for consumption on the premises. The annual license fee for such a license shall be as set from time to time by the City Council, in addition to the fee for a Class B license. No Class B (Modified) license shall be granted unless a Class B license is also granted to the same licensee. There shall be a limit of three Class B licenses.
C. 
Class C: a restaurant license which shall authorize the retail sale of alcoholic liquors at a restaurant for consumption only on the premises where sold. There shall be a limit of six Class C licenses.
(1) 
A Class C license shall not be issued to any licensee whose gross receipts from the sale of alcoholic liquor will constitute 25% or more of its gross receipts from all sales. The annual license fee for such license shall be as set from time to time by the City Council.
(2) 
A restaurant shall comply with the following regulations:
(a) 
Alcoholic liquors shall be sold, served and consumed only with and in conjunction with the sale of food for consumption in the public dining room on the premises, except that alcoholic liquors may also be sold, served and consumed in adjacent rooms used to accommodate persons waiting to be seated in the public dining room.
(b) 
Alcoholic liquors shall be sold and served only in individual orders and in proper containers for immediate consumption on the premises and not in bottles, casks, kegs or any container suitable for the transportation of such alcoholic liquor from the dining rooms of such premises in which any liquor is served.
(c) 
Alcoholic liquors shall not be prepared, poured or mixed for sale or service in any dining room, nor shall there be any bar or display of alcoholic liquors in any dining room.
(d) 
Alcoholic liquors shall not be advertised for sale by means of any signpost or billboard, or other means of advertisement located on the exterior of the premises. Advertisements for the sale of alcoholic liquors located on the interior of the premises shall not be visible from the exterior of the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
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 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 descendent or such insolvency or bankrupt licensee after the death of such descendent 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. 
A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
C. 
Any licensee may renew his license at the expiration thereof, provided he is then qualified 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 City Council from decreasing the number of licenses to be issued within its jurisdiction. No retailer's license shall be renewed if the Department of Revenue has reported to the Illinois Liquor Control Commission that such retailer is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois until the applicant is issued a certificate by the Department of Revenue stating that all delinquent returns or amounts owed have been paid by guaranteed remittance or the payment agreement to pay all amounts owed has been accepted by the Department. No retailer's license issued by the Mayor shall be renewed unless the applicant provides documentation that any tax owed by the applicant has been satisfied by payment in the form of a cashier's check, certified check, money order or cash.
D. 
A negotiable instrument received as payment for a license fee, transfer fee, late fee, offer in compromise, predisciplinary conference settlement or fine imposed by order that is dishonored on presentation shall not be considered payment and shall be cause for disciplinary action.
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 be renewed by the duly constituted authorities upon annexation; provided that, thereafter, all the restrictions and contingencies contained herein shall apply.
B. 
Destroyed or damaged businesses.
(1) 
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.
(2) 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 minimum coverages in amounts set from time to time by the City Council for the following: bodily injury liability; property damage; and loss-of-support coverage.
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.
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.