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E. A person whose license has previously been revoked for cause.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.
[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.
[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.