§ 3-29. Restrictions on issuance.

The following restrictions shall apply to the issuance and renewal of city liquor licenses issued under this article:

(1)

No license shall be issued for any premises upon which the sale of alcoholic liquor is prohibited by any of the provisions of Illinois Revised Statutes, nor shall a license be issued for any premises at which the local liquor control commissioner shall deem the operation under the license to be detrimental to the public interest and welfare.

(2)

No license shall be issued to any premises on which gasoline or diesel fuel is sold unless all sales of liquor are to be made for consumption off of the licensed premises.

(3)

No license shall be issued for any premises using a drive-up service facility for the sale or delivery of alcoholic liquor.

(4)

No Class A, Class C, Class D or Class E license shall be issued for any premises which are not in full compliance with all city codes, ordinances and regulations pertaining to health, safety and fire prevention.

(5)

No license, other than a renewal of a license to an existing licensee for the currently licensed premises, shall be issued for a premises located within the area bounded as follows: start at Water and Chicago streets, proceed west to Plum Street, then north on Plum Street to Livingston Street, thence east on Livingston Street to Main Street, then south on Main Street to Howard Street, then east on Howard Street to Chicago Street, then south to Water Street, the point of beginning; unless the exterior of the building constituting the proposed licensed premises shall meet or exceed City of Pontiac Central Business District Design Guidelines (the guidelines) as established and adopted by the city, as amended from time to time. For the purpose hereof, final determination as to whether a premises meets or exceeds said guidelines shall be determined by the city council.

In the case of corporations, partnerships or any other entity presently holding an existing license, subsequent applications for renewal shall not be exempt from compliance herewith if there is any change in ownership of the stock issued by a corporation, partnership interests in a partnership or other ownership interests in any other entity, from and after the date of the last renewal. In the event of such changes in ownership, upon renewal the corporation, partnership or other entity shall be required to comply herewith.

The Local Liquor Control Commissioner shall have the discretion of issuing a license to an applicant for a premises not meeting or exceeding the guidelines upon being provided satisfactory evidence of the licensee's intention of complying therewith during the term of the license to be issued, and, in such event, the license may be issued contingent upon such compliance by a specified date and be revocable in the event of a failure to so comply.

(Code 1966, § 19.18; Ord. No. 89-O-027, § 1, 8-21-89; Ord. No 97-O-002, § 2, 1-21-97)