ARTICLE III – LICENSING

          21-3-1        LICENSE REQUIRED.

          (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 the County outside the corporate limits of any incorporated city, village or incorporated town, without having a license to do so issued by the Liquor Control Commissioner, in the manner hereinafter provided, and a valid license for such purpose issued by the Illinois Liquor Control Commission.

          (B)               A similar valid license issued by the Liquor Control Commissioner is required for, and with respect, to each and every premises, within the limits and territory of the County outside the corporate limits of any city, village or incorporated town, at or upon which alcoholic liquor is to be sold or kept or offered for sale at retail. (See 235 ILCS Sec. 5/4-1)

          21-3-2        SEPARATE LICENSE REQUIREMENTS FOR ROADHOUSES AND DANCE HALLS.  Nothing in this Chapter shall be construed as permission to operate a public dance hall or roadhouse used for public dances without first having obtained a separate license for such public dance hall or roadhouse under this Code. 

          21-3-3        APPLICATION FOR LICENSE.

          (A)               The Liquor Control Commissioner is authorized to grant and issue licenses to persons to sell at retail and to keep and offer for sale at retail alcoholic liquors within the County upon the conditions and in the manner provided by this Chapter and by the Act, and not otherwise.  The Liquor Control Commissioner shall provide a form of application to any applicant.

          (B)               Prior to issuance of a license, the applicant shall complete and submit to the Liquor Control Commissioner, an application, together with a non-refundable first time application fee of One Hundred Dollars ($100.00), said application must be in writing and under oath, stating the following:

                    (1)     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 (1) person or their nominee, the address and name 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 the case of a 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, the date on which its charter was issued.

                    (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 Act or in this Chapter.

                    (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 for such revocation.

                    (9)     That they 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 in the conduct of their place of business.

          (C)               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.

          (D)               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.

          (E)               The original application shall be retained by the Liquor Control Commissioner and copies shall be given to the Deputy Liquor Control Commissioners, the Sheriff and the State’s Attorney.  The Deputy Liquor Control Commissioners, the Sheriff and the State’s Attorney shall endorse on the copies their approval or disapproval of the application and may make further comments regarding the application.  The copies shall be returned to the Liquor Control Commissioner and the endorsements and comments of the Deputy Liquor Control Commissioners, the Sheriff and the State’s Attorney shall be considered by the Liquor Control Commissioner as an aid in deciding whether the license should be issued or refused.  (See 235 ILCS 5/7-1)

          21-3-4        EXAMINATION OF APPLICANT.  The 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, including but not limited to requiring the production of an affidavit affirming any particular or specific question posed by the Liquor Control Commissioner 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 Control Commissioner under this Section, the Liquor Control Commissioner may authorize its agent to act on its behalf.  (See 235 ILCS Sec. 5/4-5) 

          21-3-5        PERSONS INELIGIBLE TO RECEIVE LICENSE.  No license shall be issued by the Liquor Control Commissioner to the following:

          (A)               A person who is not a resident of the County except as provided in subsection (L) of this Section.

          (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 Liquor Control Commissioner 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 Liquor Control Commissioner’s investigation.  The burden of proof 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 has previously been revoked for cause.

          (H)               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.

          (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 under this Chapter for any reason.

          (J)               A corporation or limited liability company if any officer, manager or director thereof or any stockholder or stockholders owning in the aggregate more than five percent (5%) of such corporation, would not be eligible to receive a license hereunder for any reason other than the requirement for citizenship and residence.

          (K)               A corporation or limited liability company 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 1983or the Limited Liability Company Act to transact business in Illinois.

          (L)               A person whose place of business is conducted by a manager or agent unless the manager or agent is a resident of this County and 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 the 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 rent or 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 mayor, 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 chairman 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 Illinois Liquor Control Commission and the Liquor Control Commissioner.

          (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 as proscribed by a statute replaced by any of the aforesaid statutory provisions.

          (Q)              A person to whom a federal wagering stamp has been issued by the federal government for the current tax period.

          (R)               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 stamp or federal wagering stamp by the federal government for the current tax period.

          (S)               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.

          (T)               Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period.

          (U)               Any person indebted for any delinquent real estate or personal property taxes, retailer’s occupation tax, debt or other financial obligation to the County.

          (V)               Any person not eligible for a state retailer’s liquor license.

          (W)              For any other reason as outlined in the Act.

(See 235 ILCS Sec. 5/6-2)

          21-3-6        CLASSIFICATION AND NUMBER OF LICENSES.  The Liquor Control Commissioner shall have the power to issue retail liquor licenses for selling at retail of alcoholic liquor.  Such licenses shall be issued in the following classifications and none other:

          (A)               Class “A” – Tavern.  A Class “A” license shall authorize the retail sale on the premises of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor in the original package which shall be consumed on or off the premises.  There shall be two (2) Class “A” licenses.

          (B)               Class “B” – Package Store.  A Class “B” license shall authorize the retail sale of alcoholic liquor in the original sealed package, but not for consumption on the premises.  There shall be one (1) Class “B” license.

          (C)               Class “C” – Club.  A Class “C” license shall authorize the retail sale of alcoholic liquor on the premises of any club for consumption on the premises as well as other retail sales of such liquor in the original package which shall be consumed on or off the premises.  There shall be one (1) Class “C” license.

          (D)               Class “D” – Restaurant.  A Class “D” license shall authorize the retail sale of alcoholic liquor on the premises of any restaurant for consumption on the premises.  There shall be five (5) Class “D” licenses.

          (E)               Class “E” – Wine-Manufacturer.  A Class “E” license shall authorize wine-tasting and the sale of alcoholic liquor for consumption on the premises of any wine-manufacturer, as well as other retail sales of such liquor in the original sealed package which shall be consumed on or off the premises.  There shall be twenty (20) Class “E” licenses.

          (F)               Class “F” – Event Center.  A Class “F” license shall authorize the retail sale of alcoholic liquor as a part of private functions on the premises of any event center for consumption on the premises.  There shall be one (1) Class “F” license.

          (G)               Class “G” – Caterer Retailer.  A Class “G” license shall authorize the serving of alcoholic liquors by a caterer retailer as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or off-site whether licensed or unlicensed.  There shall be one (1) Class “G” license.

          (H)               Class “H” – Limited Retail Wine.  A Class “H” license shall authorize the sale of wine in the original sealed package, but not for consumption on the premises, and in conjunction with the display and sale of other non-alcoholic gift items, and where the sale of non-alcoholic gift items constitutes a substantial portion of the licensee’s business.  There shall be one (1) Class “H” license.

          (I)                Class “I” – Special Use.  A Class “I” license shall authorize the holder of a Class “A”, “B”, “C”, “D”, “E”, “F” or “G” license to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to a designated site for a specific event, and to sell or offer for sale at retail, only in the premises specified in the request, the transferred alcoholic liquor for use or consumption, but not for resale in any form.

          (J)               Class “J” – Special Events.  A Class “J” license shall authorize an educational, fraternal, political, civic, or religious organization, organized as a not-for-profit organization under the laws of this State, to sell or offer wine and beer as part of an event conducted by the organization.

(Amended in Ordinance No 2012-23, 11-30-12)

          21-3-7        FEES.  The fee for licenses shall be as follows:

          (A)               Class A – Tavern                         $900.00

          (B)               Class B – Package Store               $900.00

          (C)               Class C – Club                            $900.00

          (D)               Class D – Restaurant                   $500.00

          (E)               Class E – Wine-Manufacturer        $500.00

          (F)               Class F -EventCenter                 $500.00

          (G)               Class G – Caterer Retailer             $500.00

          (H)               Class H – Limited Retail Wine       $300.00

          (I)                Class I – Special Use                             $25.00

          (J)               Class J – Special Events               $25.00

The fee for a Class “J” license may be waived at the discretion of the Liquor Control Commissioner.

In the event an initial application for a Class “A”, “B”, “C”, “D”, “E”, “F”, or “G” license is for a period of less than the full license year, the annual fee set forth above shall be reduced in proportion to the full calendar months which have elapsed in the license period prior to the issuance of the license.

(Amended in Ordinance No 2012-23, 11-30-12)

          21-3-8        TERM OF LICENSE.

          (A)               A Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license shall be valid for the period beginning January 1 of any year and ending on December 31 of the same year.

          (B)               A Class “I” license may be granted for the following time periods: one (1) day or less; two (2) or more days to a maximum of fifteen (15) days per location in any twelve (12) month period.

          (C)               A Class “J” license shall be valid for a period not to exceed forty-eight (48) hours as determined by the Liquor Control Commissioner.

          (D)               Any license issued by the County Clerk prior to the adoption of this Chapter shall be valid through twelve o’clock (12:00) A.M. Midnight on December 31, 2009; provided, however, a licensee holding any such license shall be subject to all other provisions of this Chapter.  (See 235 ILCS 5/4-1) 

(Amended in Ordinance No 2012-23, 11-30-12)

          21-3-9        NATURE OF LICENSE.  A license issued under this Chapter shall be purely a personal privilege, 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.  A license
issued under this Chapter 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 descendent 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 5/6-1) 

          21-3-10      TRANSFER OF LICENSE.  Notwithstanding Section 21-3-9 of this Chapter, the Liquor Control Commissioner, upon receipt of a written application and a transfer fee in the amount of One Hundred Dollars ($100.00), may authorize the transfer of any license issued under this Chapter.

          21-3-11      RENEWAL OF LICENSE.

          (A)               A licensee may renew their license at the expiration thereof, provided they are 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.

          (B)               Any license issued to a corporation shall terminate upon transfer of ownership from one person or persons to another of more than thirty percent (30%) of the stock of the corporation, and any application for renewal of the license in the corporation’s name subsequent to the transfer of ownership of more than thirty percent (30%) of the stock of the corporation shall be considered and treated as a new application.

          (C)               Whenever a non-corporate licensee forms a corporation to operate in lieu of said licensee, a new application and fee is required even when the shareholder or shareholders of said corporation and the licensee or licensees are one and the same persons.

          (D)               Failure to apply for renewal of a license and/or failure to submit the appropriate fee by the expiration date of the existing license may be considered by the Liquor Control Commissioner as a decision not to renew the license.

          21-3-12      FORM OF LICENSE ISSUED.  All licenses issued under this Chapter shall be signed by the Liquor Control Commissioner and attested by the County Clerk with the seal of his office affixed thereto and shall state thereon the name of the licensee, the address of the licensed premises, the date of issuance of the license, the date of expiration of the license and the class of the license.

          21-3-13      RECORD OF LICENSES.  The Liquor Control Commissioner shall keep or cause to be kept a complete record of all such licenses issued under this Chapter; and shall furnish the County Clerk, Treasurer, Sheriff and State’s Attorney with a copy of each license.  Upon the issuance of any new license, or the revocation of any existing license, the Liquor Control Commissioner shall give written notice of such action to the Deputy Liquor Control Commissioners, the County Clerk, the Treasurer, the Sheriff and the State’s Attorney within forty-eight (48) hours of such action.  (See 235 ILCS 5/4-1)

          21-3-14      DRAMSHOP INSURANCE REQUIRED.  No license of any class to sell alcoholic liquor shall be issued by the Liquor Control Commissioner unless the applicant therefor has presented a written commitment or “Binder” from a licensed dramshop insurer to insure the said licensee in an amount not less than the maximum limit for recovery provided for in 235 ILCS 5/6-21.  The licensee shall contemporaneous with the issuance of a license, present evidence of such insurance (a duplicate policy and a paid receipt for the premium therefor) to the Liquor Control Commissioner.  The licensee’s failure to keep such dramshop insurance in force throughout the entire period for which the aforesaid license is issued shall be grounds for revocation of such license.  (See 235 ILCS 5/1-3.17-1 and 5/5-1(e))

          21-3-15      DISPLAY OF LICENSE.  A licensee shall cause their license to be framed and hung in plain view in a conspicuous place on the licensed premises.  (See 235 ILCS 5/6-24) 

          21-3-16      DECALS.  TheCountyClerk shall provide each holder of a Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license with a fluorescent decal showing the year and class of the license.  The licensee shall display the decal on or near the front door or window of the licensed premises so that the decal is visible to the Sheriff’s patrol.

(Amended in Ordinance No 2012-23, 11-30-12)