[Amended 9-27-2010 by Ord. No. 10-5]
(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 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.)
(C)
The licensee, in all other ways outside of this Code, shall be governed
by state law.
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.
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 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 or resolution
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
or resolution and amendments thereto in the conduct of his place of
business.
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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.
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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.
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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. (See 235 ILCS 5/7-1.)
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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.)
[Amended 11-17-2008 by Ord. No. 08-07; 2-23-2015 by Ord. No. 15-01]
No retail license shall be issued by the Mayor to the following:
(A)
A person who is not 21 years of age;
(B)
A person who has been convicted of a felony under any federal or
state law if the Mayor determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant the public
trust;
(C)
A person who has been convicted of being the keeper of or is keeping
a house of ill fame;
(D)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency or morality;
(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;
(H)
A corporation, 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 citizenship and 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
(A corporation whose corporate business address is within the municipality
is specifically permitted to be a licensee.);
(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;
(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 members of local liquor
control commissions, any president, alderman or member of a city council
or commission, any president of a village board of trustees, any member
of a village board of trustees, or any president or member of a county
board; and no such official shall be interested directly in the manufacture,
sale or distribution of alcoholic liquor, except that 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;
(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 28-1.1 of,
or as proscribed by Section 28-3 of, the Criminal Code of 1961, approved
July 28, 1961, as heretofore or hereafter amended, or as proscribed
by a statute replaced by any of the aforesaid statutory provisions;
(R)
A person to whom a federal wagering stamp has been issued by the
federal government for the current tax period; except those persons
who are eligible to receive a license under the Raffles Act or the
Illinois Pull Tabs and Jar Games Act;[1]
[1]
Editor's Note: See 230 ILCS 15 and 230 ILCS 20, respectively.
(S)
A copartnership to which a federal wagering stamp has been issued
by the federal government for the current tax period, or if any of
the partners have been issued a federal gaming device stamp or federal
wagering stamp by the federal government for the current tax period;
(T)
A corporation, if any officer, manager or director thereof, or any
stockholder owning in the aggregate more than 20% of the stock of
such corporation has been issued a federal wagering stamp for the
current tax period;
(U)
Any premises for which a federal wagering stamp has been issued by
the federal government for the current tax period. (See 235 ILCS 5/6-2.)
[Ord. No. 03-07, 5-19-2003]
(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 January 1 to December 31. This may be paid quarterly.
[Amended 1-23-2023 by Ord. No. 23-03]
(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. A licensee may make arrangements to pay
the liquor license fees quarterly. 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 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.)
[Ord. No. 05-06, 11-28-2005]
(A)
Classes. Licenses for the sale of alcoholic liquor at retail in the
Village shall be classified as follows:
[Amended 12-15-2008 by Ord. No. 08-10; 12-9-2011 by Ord. No. 11-11; 10-22-2018 by Ord. No. 18-08]
(1)
Class A. A Class A license shall authorize the licensee to sell
alcoholic liquor by the drink at retail for consumption on the licensed
premises on which food is also sold for consumption. In order to qualify
for a license of this class, and in order to remain qualified for
any subsequent renewal of this license, the person applying or the
licensee must operate as a restaurant and bar and provide a fully
equipped kitchen open for restaurant meals from at least 11:00 a.m.
to 7:00 p.m.
(2)
Class B. A Class B license shall authorize the licensee to sell
alcoholic liquor at retail in packages or containers not for consumption
on the licensed premises.
(3)
Class C. A Class C license shall authorize the licensee to sell
alcoholic liquor at retail in packages or containers not for consumption
on the licensed premises. In order to qualify for a license of this
class, and in order to remain qualified for any subsequent renewal
of this license, the person applying, or the licensee, must prove
to the satisfaction of the Village Commission that more than 75% of
the gross revenue of the person's business on the licensed premises
has resulted from the sale of groceries, merchandise or gasoline sales.
(4)
Class D. A Class D license shall authorize the licensee to sell
alcoholic liquor by the drink at retail for consumption on the premises.
The principal purpose of such establishment shall be the operation
of a lounge or tavern.
(5)
Class E. A Class E license shall authorize the licensee to sell
alcoholic liquor at retail in packages or containers not for consumption
on the licensed premises and by the drink at retail for consumption
on the premises. The principal purpose of such establishment shall
be the operation of a lounge or tavern.
(6)
Temporary. The local Commissioner shall have the power to issue
a temporary permit for the sale of alcoholic liquor to be consumed
on the premises at a banquet, picnic, bazaar, fair or similar private
or public assembly where food and drink is sold, served or dispensed.
A temporary permit shall be issued only to a club, society, fraternity
or benevolent organization not for pecuniary profit and shall be for
a period of not more than four days. Not more than one temporary permit
shall be granted to any one organization in any one period of 30 days.
Nothing herein shall relieve the person granted a temporary permit
from the obligation to acquire any temporary permit from the State
Liquor Control Commission or other licensing agency that state or
federal law may require.
(B)
License term.
(1)
All licenses issued hereunder shall be for a term of one year.
Licenses issued for one year shall expire on December 31 following
the date of issuance.
[Amended 1-23-2023 by Ord. No. 23-03]
(2)
Each license shall state thereon the classification of license,
the name of the licensee, his address and a description of the licensed
premises.
(C)
Number of licenses.
(1)
The number of licenses by classification shall be as follows:
[Amended 12-15-2008 by Ord. No. 08-10; 12-19-2011 by Ord. No. 11-11; 6-25-2012 by Ord. No. 12-04; 1-28-2019 by Ord. No. 19-01; 3-28-2022 by Ord. No. 22-03]
(2)
The number of licenses in any classification may be increased
at any time with the new license or licenses to be available and effective
at a date determined by the Village Board and the number of licenses
in any classification may be decreased effective for future years.
(3)
Licenses issued shall be approved by 2/3 of the Village Board
of Trustees.
(D)
License fees.
(1)
The fee for a Class A, Class B, Class C, Class D or Class E
license shall be $1,500 per year payable in advance on or before January
1 of each year.
[Amended 3-28-2022 by Ord. No. 22-03]
(2)
The fee for a Class A/E license shall be $2,500 per year payable
in advance on or before January 1 of each year.
[Amended 3-28-2022 by Ord. No. 22-03]
(3)
License fees shall be reduced in proportion to the full calendar
months which have expired in the license year prior to the issuance
of the license. Failure of any licensee to pay the specified license
fee on or before the date when the fee is payable shall prevent the
licensee from selling alcoholic liquor at retail and his license shall
thereupon be terminated and shall become available for issuance to
other qualified applicants.
(4)
The fee for a temporary permit authorized under Section 21-2-6(A) shall be $50 per day per permit payable prior to issuance of the permit.
(5)
Any license issued under this chapter must be used by the licensee
within 60 days after the date of issuance; otherwise, the license
may be revoked by the Village Commission.
(6)
If a licensee voluntarily surrenders his license during the
license year, he shall be refunded a portion of the license fee that
he has paid, calculated on a quarterly basis for the full calendar
quarters that remain of the license year following the month during
which the surrender is effected.
(7)
The license fee shall be paid to the Village Treasurer.
A license issued under this chapter shall be purely a personal
privilege, good for not to exceed one year after issued 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 1-8-1948.)
(A)
Annexing license holders. The restrictions contained in this chapter
shall in no way affect taverns and other business(es) 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.
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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.)
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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 following minimum coverages:
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.)
