§ 4-23. Application for license or permit.

(a)

Application requirements; information to be shown. Any person desiring a license or permit authorized by this article shall make application therefore to the local liquor control commissioner. A separate application shall be made for each license or permit desired by the applicant. Such application shall be in writing upon forms prepared and furnished by the city. Each application for a license or permit shall be signed by the applicant and verified by him by oath or affidavit, and shall be filed with the deputy local liquor control commissioner. In case the applicant is a partnership, all partners must sign and verify the application. In case the applicant is a limited partnership, all general partners and any limited partner owning more than a five (5) percent interest in such limited partnership must sign and verify the application. In case the applicant is a corporation or club, all officers, directors and any stockholders owning more than five (5) percent of the stock of such corporation must sign and verify the application and indicate their official position. In case the applicant is a limited liability company, all members owning more than five (5) percent of the interest of such company must sign and verify the application and indicate their official position. In case any other person is to conduct the place of business as resident manager or managing agent of the licensee he must also sign and verify the application. The information requested in the application form must be furnished as to each person signing the application. Each application shall contain the following information and statements:

(1)

Name, age and address. The name, age and address of the applicant in the case of an individual; in the case of a partnership, the names and addresses of the persons entitled to share in the profits thereof; in the case of a limited partnership, the names, ages, and addresses of all general partners, and of all limited partners owning more than a five (5) percent interest in such limited partnership; in the case of a corporation or club, the objects for which organized, and the names, ages, and addresses of the officers, directors, and any stockholders owning more than five (5) percent of the stock of such corporation; in the case of a limited liability company, the objects for which organized, and the names, ages, and addresses of the members owning more than five (5) percent of the interest of such company; and in any case, the name and address of the resident manager or managing agent who is to conduct the place of business for which the license or permit is sought. A club shall attach to its application two (2) copies of a list of names and residences of its members.

(2)

Residence in city. Whether or not the applicant, if an individual, is a bona fide resident of the city.

(3)

Citizenship. The citizenship of the applicant, and if a naturalized citizen, the time and place of his naturalization.

(4)

Location. The location where he proposes to engage in the business for which the application was submitted, and whether or not the proposed location is within one hundred (100) feet of any church, school, hospital, home for aged or indigent persons or for war veterans, their wives or children, or of any military or naval station.

(5)

Sale of food. Whether food for human consumption is to be sold in such place of business if the application is allowed. Whether the business will be in combination with a restaurant, and whether fifty (50) percent of the gross receipts of the licensed business will be or has been from the sale of such food with documentation as available and required by the local liquor control commissioner.

(6)

Ownership of premises, name of landlord or other owner. Whether the applicant owns the premises for which a license or permit is sought, proof of ownership must be submitted in the form of a deed, tax bill or other qualifying document(s). If an applicant for a license does not own the premises where the license is sought, he must submit the name of the landlord/owner and the terms of the lease, contract for deed, or other qualifying document, including the expiration of the lease, contract for deed, or other qualifying document. In the event the premises is contracted for deed, leased, or subject to any type of license or easement, a copy of the lease, contract for deed, license, easement, or other type of qualifying document shall be attached to the application. If an applicant for a permit does not own the premises where the permit is sought, he must submit the written consent of the owner of such premises.

(7)

Disposition of other applications. Whether the applicant has made application for a similar or other license or permit on premises other than those described in this application and the disposition of such other application.

(8)

Suspension or revocation of previous licenses or permits. Whether or not any license or permit issued to him under this or previous ordinances relating to alcoholic liquor has ever been suspended or revoked.

(9)

Former convictions relative to decency or morality. Whether or not the applicant has ever been convicted of being the keeper or an inmate of a house of ill fame, of pandering or of any other crime or misdemeanor opposed to decency or morality.

(10)

Connection with houses of ill fame. A statement that the applicant is not, at the time of making the application, connected with a house of ill fame and that no such connection will occur during the existence of the license or permit.

(11)

Former conviction of felony, etc. Whether or not the applicant has ever been convicted of a felony, and whether or not he is disqualified to receive the license or permit sought by reason of any manner or thing contained in the laws of the state or this article.

(12)

Agreement not to violate ordinances, etc. A statement that the applicant agrees not to violate any provision of this article or other ordinances of this city or any law of the United States or of the state in the conduct of his business, and that in the event such promise is broken or if any statement contained in the application is not true, that the license applied for may be immediately suspended or revoked.

(13)

Agreement to testify under oath and provide records, as required. A statement that the applicant will testify under oath and subscribe to the truth in response to all relevant and material questions propounded to him, in any hearing conducted by the local liquor control commissioner, either before or after the issuance of a license or permit to him, and that his failure to so testify shall be sufficient reason for the refusal to issue any such license or permit to him, or the renewal thereof, or for the suspension or revocation of any license or permit which has been issued to him. A statement that he will provide, on receipt of a lawfully authorized subpoena by the local liquor control commissioner, any book or record of his licensed business in connection with any investigation conducted by the local liquor control commissioner, and that his failure to provide such books or records shall be sufficient reason for the refusal to issue any such license or permit to him, or the renewal thereof, or for the suspension or revocation of any license or permit which has been issued to him.

(14)

Statement as to receipt of money or credit from manufacturers or distributors. A statement that the applicant has not accepted, received or borrowed money, or anything else of value, or accepted or received credit (other than merchandise credit in the ordinary course of business for a period not to exceed thirty (30) days directly or indirectly from any manufacturer, importing distributor or wholesaler of alcoholic liquor, or from any stockholder or officer of any corporation engaged in, or any other person connected with any such business.

(15)

Documentation of limited partnership. If applicant is an Illinois limited partnership, a copy of the filed certificate of limited partnership and a certificate of good standing from the Illinois Secretary of State must be attached. If applicant is a foreign limited partnership, a copy of the filed certificate of limited partnership from the Illinois Secretary of State for admission to transact business as a foreign limited partnership in Illinois must be attached.

(16)

Documentation of corporation. If applicant is an Illinois corporation, a copy of the articles of incorporation and a certificate of good standing from the Illinois Secretary of State must be attached. If the applicant is a foreign corporation, a certificate from the Illinois Secretary of State to conduct business in Illinois as a foreign corporation must be attached.

(17)

Documentation of limited liability company. If applicant is an Illinois limited liability company, a copy of the articles of organization and a certificate of good standing from the Illinois Secretary of State must be attached. If the applicant is a foreign limited liability company, a certificate from the Illinois Secretary of State to conduct business in Illinois as a foreign limited liability company must be attached.

(18)

Connection with police department or city council. A statement whether or not the applicant, his or her spouse, or any member of the applicant's household is a member or employee of the police department of the city, a city commissioner, or the mayor, and whether or not any such person is interested in any way, either directly or indirectly, in the license or permit applied for, the premises, or the profits or proceeds from the sale of alcoholic liquor under the license or permit applied for.

(19)

Evidence of insurance. No license or permit shall be granted to an applicant until such applicant shall furnish evidence satisfactory to the local liquor control commissioner that such applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the State of Illinois insuring such applicant against liability which such applicant may incur under the provisions of 235 ILCS 5/6-21, and specifically designating the city as an additional insured, on a primary, non-contributory basis. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license or permit sought.

(20)

Type of license or permit. A statement as to what type of license or permit being applied for. Following a review of the application and any additional documentation and information submitted by the applicant, the local liquor control commissioner retains the right to determine the appropriate classification of license to be issued.

(21)

Additional requirements. The local liquor control commissioner may request additional information to be included in the application, which is necessary to effectuate the purposes of this article.

(b)

Fingerprinting of certain persons prerequisite to filing application for license. Prior to filing an application for an original license required by this article, all persons required to be named in the application as provided in this section shall submit his or her fingerprints to the department of state police in the form and manner prescribed by the department for a fingerprint records search. Each applicant shall be required to pay the fees, if any, associated with this process. No application for license shall be considered, and no license shall issue until such time as the fingerprinting has been completed and documentation of completion is provided to the city.

(c)

Application fee—Application for license; application for permit.

(1)

An applicant for any license under the provisions of this section shall, at the time of application, file with the deputy local liquor control commissioner, a non-refundable application filing fee by certified check, cashier's check, bank money order, personal money order or postal money order, which shall be in addition to the annual license fee as listed in subsection (e) of this section. This fee shall be paid by the applicant at the time the respective application is filed. The following application fees shall be paid by the applicant for the following application type:

Application Classification:	Application Fee
1. Original Application/New License	$1,000.00
2. Change of License Classification	$500.00
3. Change of Ownership/Change of Business Entity Designation	$500.00
4. Expansion of area of Licensed Premises	$100.00
5. Change of Location for Licensed Premises	$100.00

 

(2)

An applicant for a permit shall, at the time of application, file with the deputy local liquor control commissioner, a non-refundable filing fee by certified check, cashier's check, bank money order, personal money order or postal money order. Any fee assessed by this section shall not apply to any event for which a permit is granted which is sponsored in whole or in part by the city. This fee shall be paid by each new applicant at the time the application is filed in the following amounts for the following permit classification:

Temporary-1 Permit	$100 per event if the event is one day or $200 per event if the event is a two or three day event for a resident of the City of Effingham OR $200 per event if the event is one day or $300 per event if the event is a two or three day event for a non-resident of the City of Effingham
Temporary-2 Permit	$50 per event for a resident of the City of Effingham OR $75 per event for a non-resident of the City of Effingham
Wine and Beer Permit	$100/per event
Public Property Café Permit.	$200.00

 

(3)

No Application fee will be required of any licensee holding a liquor license from the city on the effective date of this ordinance, or of any licensee who first obtains a license from the city only because the property in which such person previously holds a liquor license was newly annexed into the city.

(d)

Procedure for issuance of new license or permit.

(1)

License: Application for a new license shall be filed with the local liquor control commissioner. After appropriate investigation of the applicant's eligibility of a license, the local liquor control commissioner shall prepare a resolution authorizing a license to be issued to the applicant. After the city council has adopted the authorization resolution, the applicant shall file the required annual fee as stated in subsection (e) of this section with the local liquor control commissioner and the new license shall be issued.

(2)

Permit: Application for a permit shall be filed with the local liquor control commissioner. After appropriate investigation of the applicant's eligibility of a permit, the local liquor control commissioner shall issue a permit to the applicant. Upon the application for issuance of a permit, the applicant shall file the required fee as stated in subsection (c)(2) of this section with the local liquor control commissioner and the permit shall be issued. Notwithstanding any other provision of this ordinance, after the local liquor control commissioner has issued any public property café permit, the applicant shall file the required annual fee as stated in subsection (e) of this section with the local liquor control commissioner and the new public property café permit shall be issued.

(e)

Annual fees for license and public property café permit. The following annual license and public property café permit fees shall be paid by each licensee or permittee in the following amounts for the following license or permit classification:

Liquor License or Permit Classification:	Annual Fee:
(1) Class B (Bar/Tavern License—Consumption Sales Only)	$1,000.00
(2) Class B-1 (Bar/Tavern License—Consumption Sales and Package Sales)	$1,400.00
(3) Class B/E (Bar/Tavern/Extended Premises License— Consumption Sales and Package Sales)	$1,500.00
(4) Class C (Club License—Consumption Sales Only)	$850.00
(5) Class C-1 (Club License—Consumption Sales and Package Sales)	$1,050.00
(6) Class C/E (Club/Extended Premises License—Consumption Sales and Package Sales)	$1,200.00
(7) Class G (Golf Course License—Consumption Sales)	$1,200.00
(8) Class M (Retail Merchandise and Grocery Store License—Package Sales Only)	$1,000.00
(9) Class P (Package Store License—Package Sales Only)	$1,000.00
(10) Class P-1 (Package Store/Wine Tasting License—Package Sales and Limited Consumption Sales)	$1,400.00
(11) Class R (Restaurant License—Consumption Sales Only)	$1,000.00
(12) Class R-1 (Restaurant License—Consumption Sales and Package Sales)	$1,400.00
(13) Class R/E (Restaurant/Extended Premises License— Consumption Sales and Package Sales)	$1,500.00
(14) Class T/E (Theatre License/Extended Premises—Consumption Sales Only)	$100.00
(15) Class W-1 (Winery/Wine Shop License—Consumption Sales and Package Sales)	$1,400.00
(16) Class W/E (Winery/Wine Shop/Extended Premises License—Consumption Sales and Package Sales)	$1,500.00
(17) Class CC (Convention Center License—Consumption Sales Only)	$1,000.00
(18) Class BP (Brew Pub License—Consumption Sales and Package Sales)	$1,000.00
(19) Class BP/E (Brew Pub/Extended Premises License—Consumption Sales and Package Sales)	$1,500.00
(20) Class HM (Hotel/Motel License—Consumption Sales Only)	$1,000.00
(21) Class EEV (Entertainment and Event Venue License—Consumption Sales Only)	$1,000.00
(22) Class MT (Movie Theater License—Consumption Sales Only)	$1,000.00
(23) Public Property Café Permit. (Consumption Sales)	$250.00

 

(f)

Term of license and public property café permit; prorating annual fees. Each license and public property café' permit shall terminate on the thirtieth day of April next following its issuance, unless sooner revoked. The annual fee to be paid shall be reduced in proportion to the full calendar months which have expired in the annual or semi-annual period prior to the issuance of the license or public property café permit.

An existing licensee, who desires to renew his license for a period of time less than a full year, may renew such license for a three-month period or six-month period in lieu of a full year. Any licensee electing to renew his license for less than a full year, shall pay a pro-rata fee for such License based upon the period of time for which such license is obtained.

(g)

Disposition of fees. All application fees and annual license fees paid to the local liquor control commissioner shall be forthwith turned over to the city clerk. The city clerk shall deposit said fees in the general corporate fund, or in such other fund as shall have been designated by the city council after proper action.

(h)

Separate license or permit required for each location. A separate license or permit must be obtained for each location desired by an applicant for a license or permit under the provisions of this article. No more than one license may be issued for any one licensed premises. Each license for the sale of alcoholic liquor must be issued for a separate street address as determined by the address supplied by the applicant and confirmed by the local liquor control commissioner, except that more than one license may be issued for one address, if no licensee is a landlord or tenant of any other licensee at the same address.

(i)

Continuing obligation to supply information.

(1)

The requirement to supply all information required in subsection 4-23(a) of this article is a continuing one. If any supplied information or statements become invalid, it is the duty of the licensee to provide updated information to the local liquor control commissioner.

(2)

If a limited partnership, the local liquor control commissioner must be informed within thirty (30) days of the sale or acquisition of a five (5) percent interest in the limited partnership by any one general or limited partner, or upon any general or limited partner or combination thereof acquiring a fifty (50) percent or greater interest in the limited partnership if such partner or combination was not shown to own a fifty (50) percent or greater interest on prior application or renewal(s).

(3)

If a corporation, the local liquor control commissioner must be informed within thirty (30) days of the resignation or replacement of any officer or of the sale or acquisition of five (5) percent of the corporate stock by any one stockholder or on any stockholder or combination of stockholders acquiring fifty (50) percent or more of the stock if such stockholder or combination of stockholders was not shown to own fifty (50) percent or more of the stock on prior application of subsequent renewal(s).

(4)

If a limited liability company, the local liquor control commissioner must be informed within thirty (30) days of the sale or acquisition of five (5) percent interest in the limited liability company, or upon any member of the limited liability company or combination thereof acquiring a fifty (50) percent or greater interest in the limited liability company if such member or combination was not shown to own a fifty (50) percent or greater interest on prior application or renewal(s).

(Ord. No. 13-2012, 3-20-2012; Ord. No. 16-2013, § III, 8-6-2013; Ord. No. 2-2016, § V, 1-5-2016; Ord. No. 21-2016, § V, 3-15-2016; Ord. No. 76-2016, § VI, 9-20-2016; Ord. No. 18-2017, § IV, 4-18-2017; Ord. No. 77-2017 , § IV, 9-19-2017; Ord. No. 014-2019 , §§ III—VII, 3-5-2019)