§ 3-28. Persons ineligible for license.  


Latest version.
  • No city license for the sale at retail of alcoholic liquors shall be issued to or held by any of the following:

    (1)

    A person who is not a bona fide resident of the city and who has not maintained a bona fide residence within the city for 90 days preceding the date of the license applied for.

    (2)

    Any person who has not attained the age of 21 years.

    (3)

    A person who is not of good character and reputation in the community.

    (4)

    A person who is not a citizen of the United States.

    (5)

    A person who has been convicted of a felony under any federal or state law, if the local liquor control commissioner determines that such person has not been sufficiently rehabilitated to warrant the public trust.

    (6)

    A person who has been convicted of being the keeper or is keeping a house of ill fame.

    (7)

    A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.

    (8)

    A person whose license initially issued by the city under this article or any predecessor to this article has been revoked for cause.

    (9)

    A person who, at the time of application for renewal of any license issued under this article, would not be eligible for such license on a first application.

    (10)

    A copartnership, if any general partner, or a limited partner owning more than five percent of the aggregate limited partner interest thereof would be ineligible to receive a license under this article for any reason, except for residency.

    (11)

    A corporation, if any director or officer or any stockholder owning in the aggregate more than five percent of the voting stock of such corporation would not be eligible to receive a license under this article for any reason other than residence within the city.

    (12)

    A corporation, unless it is incorporated in the state or unless it is a foreign corporation which is qualified to transact business in the state.

    (13)

    A person whose place of business is conducted by a manager or agent, unless the manager or agent is designated as the resident manager at the time of application and unless the resident manager possesses the same qualifications required of an individual licensee.

    (14)

    A person who has been convicted of a violation of any federal or state law concerning the manufacturing, possession or sale of alcoholic liquor subsequent to January 31, 1934, or who has forfeited his bond to appear in court to answer charges for any such violation.

    (15)

    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.

    (16)

    The mayor, being the local liquor control commissioner, members of the city council, the city attorney or any sworn member of the city police department; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor.

    (17)

    A person who is not a beneficial owner of the business to be operated by the licensee.

    (18)

    A person who has been convicted of a gambling offense in the state.

    (19)

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

    (20)

    A partnership to which a federal wagering stamp has been issued by the federal government for the current tax period, or to any of the partners of which a federal gaming device stamp or federal wagering stamp has been issued by the federal government for the current tax period.

    (21)

    A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than 20 percent of the voting stock of such corporation has been issued a federal wagering stamp for the current tax period.

    (22)

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

    (23)

    Any person otherwise ineligible to be licensed under the provisions of the Liquor Control Act of 1934 (Ill. Rev. Stat. ch. 43, ¶ 93.9 et seq.).

    (24)

    Any person convicted of violating any provision of the Cannabis Control Act of the State of Illinois (720 ILCS 550/1 et seq.), the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), the Drug Paraphernalia Control Act of the State of Illinois (720 ILCS 600/1 et seq.), or any other statute, law, regulation or ordinance, whether federal, state or local, pertaining to the possession, use, control, sale or distribution of cannabis, any controlled substance or drug paraphernalia as defined in the above identified acts, whether said conviction is a misdemeanor or a felony conviction. For the purposes hereof, the term "conviction" shall include, in addition to a formal conviction entered as a result of a finding of guilt after a jury or bench trial of after a plea of guilt, any other disposition, including, but not limited to, court supervision, conditional discharge, other similar disposition not resulting in the entry of a formal conviction, provided such disposition was made as a result of a finding by the court having jurisdiction over the criminal proceeding, as a result of a bench or jury trial, a plea of guilt, a stipulation of facts or a plea of no contest, that a violation of any of the foregoing laws occurred, even if no formal conviction was entered upon the charges.

(Code 1966, § 19.06; Ord. No. 89-O-027, § 1, 8-21-89; Ord. No 97-O-002, § 1, 1-21-97)