No license under the terms of this Part 1 shall be issued to:
A.
A person who is not of good character and reputation in the community
in which he resides.
B.
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license upon a first
application.
C.
A person who at the time of application is not a citizen of the United
States. Individual applicants or at least one partner of a partnership
shall be a resident of Vermilion County for one continuous year prior.
E.
A corporation or limited-liability company, if any officer, manager
or director thereof, or any holder or owner of 5% of the stock or
other securities of the corporation, would not be eligible to receive
a license hereunder for any reason other than citizenship and residence
within Vermilion County.[1]
F.
A person, partnership or corporation whose place of business is conducted
by a manager or agent unless said manager or agent possesses the same
qualifications as required of the licensee.
G.
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor, or who has forfeited his bond to appear in court to answer
charges for any such violation.
H.
A person, partnership or corporation who or which does not own the
premises for which a license is sought, or who or which does not have
a lease for the term of the license as being applied for, for the
premises for which the license is being issued.
I.
Any law-enforcing public official, including members of the local
Liquor Control Commission, the President, or members of the 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 a member of the Board of Trustees in relation to premises
that are located within the territory subject to the jurisdiction
of that official 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 (iv) the
official granted a license does not vote on alcoholic liquor issues
pending before the Board of Trustees. Notwithstanding any provision
of this subsection to the contrary, a member of the Board of Trustees,
other than the President, 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. 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. Furthermore, the President
may have an interest in the manufacture, sale, or distribution of
alcoholic liquor as long as the Board of Trustees has made a local
Liquor Control Commissioner appointment that complies with the requirements
of 235 ILCS 5/4-2 of the Liquor Control Act.[2]
J.
Any person, partnership, or corporation not eligible for a State
of Illinois retail liquor dealer's license.
K.
A person who has been convicted of a felony under any federal or
state law, unless the Liquor Control Commission determines that such
person has been sufficiently rehabilitated to warrant the public trust
after considering matters set forth in such person's application and
the Commission's investigation. The burden of proof of sufficient
rehabilitation shall be on the applicant.[3]
L.
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.[4]
O.
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 Commission shall permit and accept from
an applicant for a license under this Act 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 (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.[7]
Q.
A person who has been convicted of a gambling offense as proscribed
by any of Subsections (a)(3) through (11) of 720 ILCS 5/28-1 of, or
as proscribed by 720 ILCS 5/28-1.1 or 5/28-3 of the Criminal Code
of 2012, or as proscribed by a statute replaced by any of the aforesaid
statutory provisions.[9]
R.
A person or entity to whom or which 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 15/0/01 et seq.) or the Illinois Pull Tabs and Jar Games
Act (230 ILCS 20/1 et seq.).[10]
S.
T.
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 T, 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.[12]
U.
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 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.[13]
