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G. A person whose license issued under this chapter has been revoked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;
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.
|
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)]
[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.)
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.)