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 County without having a license to do so, issued by the Liquor Commissioner of this County in the manner hereinafter provided, and a valid license for such purpose issued by the Illinois Liquor Control Commissioner of the State of Illinois.
A similar valid license issued by the Liquor Commissioner of this County is hereby required for and with respect to each building, location and premises, within the aforesaid territory of this County, at or upon which alcoholic liquor is to be sold or kept or offered for sale at retail. (235 ILCS 5/4-1)
The Liquor Commissioner 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 County upon the conditions and in the manner provided by this Code and by the Act of the General Assembly of Illinois, and not otherwise. Such license shall be in writing, signed by the Liquor Commissioner and attested by the County Clerk, with the seal of his office affixed thereto.
Prior to issuance of a license, the applicant must submit to the Liquor Commissioner 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 co-partnership, 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.
(J) 
If the applicant is purchasing an existing business, a copy of the purchase or sales agreement.
(K) 
A copy of the lease to the property in question made to the applicant, or if the applicant is the owner of the property, proof of ownership, such as a copy of a deed or a copy of a tax bill.
(L) 
Where required, proof of zoning occupancy inspection by the Zoning Administrator.
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.
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 two (2) members of such partnership, firm, association or club, or by the president and secretary of such corporation.
One (1) copy of the application shall be retained by the Liquor Commissioner, one (1) copy given to the Sheriff; the Sheriff 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 Liquor Commissioner and the endorsement and comment of the Sheriff shall be considered by him as an aid in deciding whether the license should be issued or refused. (235 ILCS 5/7-1)
The Liquor 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 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 Liquor Commissioner under this Section, he may authorize his agent to act on his behalf. (235 ILCS 5/4-5)
Except as otherwise provided in paragraph (U) of this Section, no license of any kind shall be issued by the Liquor Commissioner to the following:
(A) 
A person who is not a resident of this County;
(B) 
A person who is not of good character and reputation in the community in which he resides;
(C) 
A person who is not twenty-one (21) years of age;
(D) 
A person who has been convicted of a felony under any Federal or State law, unless the 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;
(E) 
A person who has been convicted of being the keeper of or is keeping a house of ill-fame;
(F) 
A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;
(G) 
A person whose license issued under this Act 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 co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such co-partnership 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, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (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 political subdivision;
(K) 
A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the “Business Corporation Act of 1983” to transact business in Illinois;
(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 Act or has forfeited his bond to appear in court to answer charges for any such violation;
(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, any County Commissioner, 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 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 the Liquor Commissioner;
(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 1961, or as prescribed 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 Act or the Illinois Pull Tabs and Jar Games Act;
(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 Section 5/6-21 of Chapter 235 of the Illinois Compiled Statutes;
(T) 
A person who is delinquent in the payment of any indebtedness or obligation to the County;
(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 Liquor Commissioner shall determine if all provisions of this paragraph (U) have been met before any action on the corporation’s license is initiated;
(V) 
A co-partnership 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 stamps or federal wagering stamp by the federal government for the current tax period;
(W) 
A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than twenty percent (20%) of the stock of such corporation has been issued a federal wagering stamp for the current tax period.
(X) 
Residency. No person shall be granted a license unless he or she has been a resident of the State of Illinois for at least twelve (12) months immediately preceding the date of application for such license and unless such person shall also have been a resident of the County for at least thirty (30) days immediately preceding the date of application of such license.
(235 ILCS 5/6-2)
Retail liquor licenses issued under this Chapter shall be valid for a twelve (12) month period upon the payment of the license fee as hereinafter set forth unless sooner revoked or suspended. The twelve (12) month period shall be from July 1st to June 30th of the following year.
(A) 
The licensing fees stated in this Code shall be paid to the office of County Clerk at the time of making application therefor, irrespective of the date of application. Fee payment shall be in the form of remittance of a Bank Draft, Bank Cashier's Check, Bank Money Order, Personal Check or Cash. No fee shall be accepted by the County Clerk unless the application for license is in the prescribed form. All fees must be received in the Office of the County Clerk no later than four thirty (4:30 P.M.) on June 30th, prior to the expiration of an existing license.
(B) 
In the event a licensee shall fail to make payment for a renewal of his license within the time limit prescribed, the existing license of the licensee shall lapse at the termination of the licensing period of the licensee and the County Liquor Control Commissioner may then issue the license, within the total number of licenses permitted within the Class for which the license was issued, to another applicant therefor.
(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 thirty (30) days. Continuation of the license will be contingent upon a background check of the new manager as set out in this Code, 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 license shall have thirty (30) days to submit a new name before revocation. Failure to provide new information shall be grounds for suspension or revocation of the license. (See 235 ILCS Sec. 5/4-1)
[Ord. No. 14-04, 9-2-2014]
There shall be six (6) classes of licenses which shall be referred to as:
(A) 
Class One, which shall authorize the sale at retail of alcoholic liquor for consumption on or off the premises where sold. The annual fee for such license shall be Two Hundred Dollars ($200.00).
(B) 
Class Two, which shall authorize the sale at retail of beer and wine only, for consumption on the premises only where sold. The annual fee for such license shall be One Hundred Dollars ($100.00).
(C) 
Class Three, which shall authorize the sale at retail of alcoholic liquor for consumption only off the premises where sold. The annual fee for such license shall be Two Hundred Dollars ($200.00).
(D) 
Class Four, which shall authorize the sale at retail of alcoholic beverages for a period of up to fifteen (15) days. The fee for such license shall be Ten Dollars ($10.00).
(E) 
Class Five, which shall authorize the supervised presentation of alcoholic beverages off-premises for the purpose of disseminating information and education for a period of up to fifteen (15) days. The fee for such license shall be Ten Dollars ($10.00).
(F) 
Class Six, which shall authorize current retail liquor license holders to hold a special off-premises event for a period of up to fifteen (15) days. The fee for such license shall be Ten Dollars ($10.00).
The number of Class One and Class Two licenses issued and in effect may not exceed twenty-two (22), and the total number of both Class One and Class Two licenses shall be considered in determining whether such limit has been exceeded.
In addition to the annual license fees, each applicant shall pay to the Office of the County Clerk Five Dollars ($5.00) as an issuance fee.
(See 235 ILCS 5/4-1)
A license issued under this Code shall be purely a personal privilege, good for not to exceed one (1) year after issued unless sooner revoked as in this Code 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 (6) months after the death, bankruptcy or insolvency of such licensee. (See 235 ILCS Sec. 5/6-1)
Every licensee under this Code shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. (See 235 ILCS Sec. 5/6-24)
The Liquor Commissioner shall keep a complete record of all licenses issued or revoked by him and shall supply the County Clerk, the Treasurer and the Sheriff a copy of the same. (See 235 ILCS Sec. 5/4-1)
Licenses issued hereunder apply to the premises described in the application and in the license issued thereon, and only one (1) location shall be so described in each license. After a Commissioner, upon proper showing, may endorse upon said license therefrom to other premises approved by him, but in order to obtain such approval, the licensee shall file with the Liquor Commissioner a request in writing and a statement under oath which shall show that the premises to which removal is to be made comply in all respects with the requirements of this Code.
All licenses shall be issued for a particular location and to a particular retailer and shall be transferable from said location or retailer only with written consent of the County Liquor Commissioner.
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 coverages up to the full amount of potential liability as established by the Illinois Compiled Statutes from time to time. (235 ILCS 5/6-21)