It is unlawful to sell or offer for sale, or expose for sale, any alcoholic liquor, as defined in § 223-1.1, within the City without having a license from the City therefor.
[Amended 1-16-2018 by Ord. No. 3366; 4-16-2018 by Ord. No. 3401]
A.
Applications for a retail liquor license shall be made to the City
Clerk in writing, in a form to be furnished by the City Clerk to the
applicant. The application may be made by an individual or by a duly
authorized agent. If made by a club, limited-liability company, or
corporation, the application must be verified by oath or affidavit.
The application shall contain the following information and statements:
(1)
The name, age and address of the applicant, in the case of an
individual, and in the case of a copartnership, the persons entitled
to share in the profits thereof, and in the case of a limited-liability
company or corporation for profit, or a club, the date of incorporation
or organization, the names and addresses of the officers and directors
or members, and if a majority in interest of the stock of such corporation
or club is owned by one person or his nominee, the name and address
of such person;
(2)
The citizenship of the applicant, his place of birth, and if
a naturalized citizen, the time and place of his naturalization;
(3)
The character of business of the applicant; and in case of a
limited-liability company or corporation, the objects for which it
was formed;
(4)
The length of time that the applicant has been engaged in the
business of that character, or in the case of a corporation or limited-liability
company, the date on which its charter was issued or company was formed;
(5)
The location and description of the premises or place of business
which is to be operated under such license;
(6)
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;
(7)
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
code or resolution, and amendments thereto;
(8)
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or subdivision thereof or by the federal government has been revoked,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;
(9)
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 code or
resolution and amendments thereto, in the conduct of his place of
business.
B.
In case of a partnership, corporation, or limited-liability company,
the information and statements required by this section shall be furnished
as to each partner, and as to the president and secretary of the corporation
with the location of the principal office of the corporation or members
of the limited-liability company.
C.
If the application is made in behalf of a partnership, firm, association,
club, corporation, or limited-liability company, 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 or by the managing member of the limited-liability company.
D.
One copy of the application shall be retained by the local Liquor
Control Commissioner and one copy shall be 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 local Liquor Control Commissioner
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.
E.
The local Liquor Control Commissioner 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, 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 local Liquor Control Commissioner under
this section, he may authorize his agent to act on his behalf.
The Mayor shall keep or cause to be kept a complete record of
all such licenses issued by him; and shall furnish the Clerk, Treasurer
and Chief of Police each with a copy thereof. Upon the issuance of
any new license, or the revocation of any old license, the Mayor shall
give written notice of such action to each of these officers within
48 hours of such action.
[Amended 8-16-2004 by Ord. No. 2288]
Upon the application being prepared and executed by the applicant, the same shall be submitted to the Mayor for approval. The Mayor shall require a criminal history background investigation by the Federal Bureau of Investigation (FBI), with the assistance of the City's Police Department, for all liquor licenses applicants and dram shop managers or agents where a licensee's place of business is conducted by a manager or agent. If the applicant is a corporation or limited-liability company, an FBI criminal history investigation shall be required for each manager, officer, director and shareholder owning in the aggregate more than 5% of the stock of the company or corporation. If the applicant is a copartnership, an FBI criminal history investigation shall be required for each general partner or limited partner owning in the aggregate more than a 5% interest in the partnership. The applicant shall remit payment of the fee required by the City for the background investigation(s), the amount of which shall be set by and contained in Chapter 165, Article II, of City's Municipal Code (same being the ordinance of the City which annually sets license and other fees and charges of the City), as from time to time in effect. The applicant (and each other person for whom a background investigation is required) shall sign the required forms for the FBI investigation(s), and be fingerprinted on the required FBI fingerprint card at the time the applicant applies for the liquor license. The Mayor shall withhold action on the application until the Mayor has received the FBI report with regard to the criminal history investigation(s) pertaining to the applicant and any other persons for whom an investigation is required; except in cases where the Mayor determines that the withholding of the issuance of the liquor license until receipt of the FBI investigative report(s) will cause a severe and undue hardship for the applicant and will not cause a threat to the health, safety and welfare of the citizens of the City. The application shall be denied in the event the FBI investigative report indicates the criminal history of the applicant or any other person for whom a background investigation is required indicates the applicant is disqualified from receiving the liquor license. In any instance where a liquor license is issued by the Mayor prior to the Mayor receiving the FBI investigative report(s), the license shall be issued subject to revocation after the FBI investigative report(s) is received by the Mayor if, based upon the report, the Mayor should determine the applicant/licensee is disqualified from receiving a City liquor license.
Every licensee shall cause his license to be framed and hung
in plain view in a conspicuous place on the licensed premises.
[Amended 1-16-2018 by Ord. No. 3366; 4-16-2018 by Ord. No. 3402; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
No retail license shall be issued by the local Liquor Control
Commissioner to:
A.
A person who is not a resident of the City.
B.
A person who is not of good character and reputation in the community
in which he resides.
C.
A person who has been convicted of a felony under any federal or
state law, unless the Commission 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 Section 6-2.5 of the State Liquor Control Code (235
ILCS 5/6-2.5) and the Commission's investigation.
D.
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.
E.
A person who has been convicted of pandering.
F.
A person whose license issued under the Illinois Liquor Control Act
has been revoked for cause.
G.
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.
H.
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.
I.
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 City.
J.
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.
K.
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.
L.
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 Commission determines, in accordance with Section 6-2.5
of the State Liquor Control Code (235 ILCS 5/6-2.5), that the person
will not be impaired by the conviction in engaging in the licensed
practice.
M.
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.
N.
Any law-enforcing public official, including the Mayor or any Alderman; 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 City if the issuance of such license is approved by the State Liquor Control Commission 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 Commission, 3) the issuance of the license is in accordance with all applicable City 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 N 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. Furthermore, the Mayor may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Council has made a local Liquor Control Commissioner appointment that complies with the requirements of Section 4-2 of the State Liquor Control Code (235 ILCS 5/4-2).
O.
A person who is not a beneficial owner of the business to be operated
by the licensee.
P.
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 28-1.1 or 28-3 of the Criminal Code of 1961
or the Criminal Code of 2012, or as proscribed by a statute replaced
by any of the aforesaid statutory provisions.
Q.
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.).
R.
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 Section 6-21 of the State Liquor Control Code (235 ILCS 5/6-21).
S.
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 S, 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.
T.
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 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.
U.
Any person, association or corporation operating or seeking to operate
an establishment that derives more than 50% of its gross monthly revenues
from video gaming revenue. At any time during a liquor license period
or prior to the renewal of a liquor license, the Mayor may order the
licensee to produce its accounting records to determine if the licensee
remains eligible for a liquor license under this subsection. Ineligibility
under this subsection, or the failure of the licensee to produce such
records to the Mayor upon request, shall result in the automatic revocation
of a liquor license.
[Amended 9-29-2010; 7-17-2017 by Ord. No. 3336; 1-16-2018 by Ord. No. 3366; 4-16-2018 by Ord. No.
3401]
Every person, firm, limited-liability company, or corporation
engaged in the retail sale of alcoholic liquor in the City shall pay
an annual license fee. Such licenses shall be divided into the following
classes:
A.
Class A licenses.
(1)
Class A-1 licenses shall authorize the retail sale of alcoholic
liquor on the premises specified for consumption on the premises.
An A-1 licensee may also sell, incidental to its business, alcoholic
liquor in sealed containers for off-premises consumption and not for
resale in any form. To qualify for a Class A-1 license, a licensee
must have 50% or more of its monthly gross revenue derived from the
sale of alcoholic liquor. No more than two Class A-1 licenses shall
be issued at any one time.
(2)
Class A-2 licenses shall authorize the retail sale of alcoholic
liquor on the premises specified for consumption on the premises.
An A-2 licensee may also sell, incidental to its business, alcoholic
liquor in sealed containers for off-premises consumption and not for
resale in any form. To qualify for a Class A-2 license, a licensee
must have 50% or more of its monthly gross revenue derived from the
sale of food and nonalcoholic beverages. No more than one Class A-2
license shall be issued at any one time.
B.
Class B licenses shall authorize the retail sale of alcoholic liquor
on the premises specified for consumption on the premises.
C.
Class C licenses shall be issued to wineries and shall authorize
the retail sale of alcoholic liquor on the premises, specified for
consumption on the premises, and the retail sale of wine in sealed
packages intended for consumption off the premises and not for resale
in any form. To qualify as a winery, a licensee must have 50% or more
of its business derived from the sale of wine as defined by this code.
D.
Class D licenses shall authorize the sale of alcoholic liquor intended
for off-premises consumption and not for resale in any form.
E.
Class E licenses, or caterer's licenses, shall authorize the sale
of alcoholic liquors on or off premises by caterers, without regard
to whether or not the location is licensed or unlicensed, as an incidental
part of food service that serves prepared meals, which does not include
the serving of snacks as the primary meal.
F.
Class F licenses, or special event licenses, shall authorize the
sale of alcoholic liquor, for use or consumption only, by a licensee
transferring a portion of its alcoholic liquor inventory from its
retail license premises to the premises designated in its license
application for a special event. Such license will be granted for
three-day increments, up to a maximum of 15 days per licensee per
location in any twelve-month period. Applicants must submit satisfactory
proof that they will provide dram shop liability insurance to the
maximum limits.
G.
Class G licenses, or not-for-profit special event licenses, shall
authorize the purchase and sale of alcoholic liquors by not-for-profit
organizations for the purpose of retail sale for use or consumption
only at the times and location designated as a special event in the
license application. The license allows a retailer to transfer alcoholic
beverages from an existing licensed retail premises to a designated
site for a special event. The license shall be issued and valid for
increments of three days at a time, not to exceed 15 days per licensee
per location in any twelve-month period. Applicants must submit satisfactory
proof that they will provide dram shop liability insurance to the
maximum limits. In order to qualify as a not-for-profit organization,
a licensee must be incorporated as a not-for-profit corporation with
the State of Illinois.
H.
Class H licenses shall authorize a holder thereof to manufacture
beer ("brew pub") and store the brew pub at a designated premises
and to make sales to distributors, importing distributors, as well
as the direct sale to nonlicensed consumers for consumption off the
designated premises in containers not larger than 64 ounces or on
the designated premises. A licensee shall not sell, for off-premises
consumption, more than 155,000 gallons of beer per year. A Class H
licensee must have a valid brew pub license from the State of Illinois.
The Class H licensee who meets the qualifications for the brew pub
is also authorized to sell at retail any non-brew-pub alcoholic liquor
on the premises specified for consumption on the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any licensee may renew his license at the expiration thereof;
provided that he is then qualified to receive a license and the premises
for which such renewal license is sought are suitable for the purposes;
provided, further, that the renewal privilege herein provided for
shall not be construed as a vested right which shall in any case prevent
the Mayor from decreasing the number of licenses to be issued within
his jurisdiction.
A.
Annexing license holders. The restrictions contained in this section
shall in no way affect taverns and other businesses holding retail
liquor licenses, duly licensed by the County of Monroe or other municipalities,
which are located in the territory annexed to the City. 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 longer period than 90 days, without a tavern or business licensed
for the sale of alcoholic liquor being in complete and full operation.
However, if a tavern or business licensed for the sale of alcoholic
liquor 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 Liquor Control Commission shall extend the period of time
for which a license may be held by the payment of fees without the
tavern or business licensed for the sale of alcoholic liquor being
in full and complete operation for an additional 90 days. If either
of the above-stated periods of time passes without the particular
tavern or business licensed for the sale of alcoholic liquor 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.
A.
Term; pro-rating fee. Each such license shall terminate on the 13th
day of April next following its issuance. The fee to be paid shall
be reduced in proportion to the full calendar months which have expired
in the year prior to the issuance of the license.
B.
Disposition of fees. All such fees shall be paid to the City Clerk
at the time application is made and shall be forthwith turned over
to the Treasurer. In the event the license applied for is denied,
the fee shall be returned to the applicant; if the license is granted,
then the fee shall be deposited in the general corporate fund or in
such other fund as shall have been designated by the Mayor and Council
for proper action.
A.
A license shall be purely a personal privilege, good for not to exceed
one year after issuance unless sooner revoked as in this code 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 or administrators of the estate of any deceased licensee
and the trustee 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 order of the appropriate court,
and may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the expiration of such license, but not longer than
six months after the death, bankruptcy or insolvency of such licensee.
A refund shall be made for 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 subsection.
B.
The 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 purposes; provided
that the renewal privilege herein provided shall not be construed
as a vested right, and may be denied by the local Liquor Control Commissioner.
The local Liquor Control Commissioner shall have the following
powers, functions and duties with respect to licenses granted under
this chapter:
A.
In addition to and not limited by the specific penalties above set
out for violations of specific sections of this chapter, the local
Liquor Control Commissioner may suspend for 30 days or revoke any
liquor license issued under this chapter or any state law pertaining
to the sale of alcoholic liquors by any licensee, his agent, servant
or employee.
B.
The local Liquor Control Commissioner may suspend or revoke any liquor
license if the licensee makes any false statement or misrepresentation
in the application for a license.
C.
The local Liquor Control Commissioner may enter or authorize any
law-enforcing officer to enter at any time upon any premises licensed
to determine whether any of the provisions of this chapter or the
laws of the State of Illinois pertaining to the sale of alcoholic
liquor have been or are being violated at such time to examine the
premises of the licensee in connection therewith.
D.
Complaint by residents.
(1)
Any five residents of the City shall have the right to file a complaint
with the Mayor, stating that any licensee under this chapter has been
or is violating the provisions of this chapter, or any amendments
hereto, or of any of the statutes of the State of Illinois, enacted
with reference to the control of liquor. Such complaint shall be in
writing and shall be signed and sworn to by the parties complaining.
(2)
The complaint shall state the particular provision, rule or regulation
believed to have been violated and the facts in detail upon which
such belief is based. If the Mayor is satisfied that the complaint
substantially charges a violation, and that, from the facts alleged,
there is reasonable cause for such belief, it shall set the matter
for hearing, and shall serve notice upon the licensee of the time
and place of such hearing and of the particular charges in the complaint.
