§ 4-24. Restrictions on issuance of licenses and permits.

No license or permit authorized by this article may be issued to:

(1)

An applicant under the age of twenty-one (21) or an applicant under any legal disability.

(2)

An applicant who is not of good character and reputation in the community in which he resides.

(3)

An applicant who is not a citizen of the United States of America.

(4)

An applicant who has been convicted of a felony, pandering or any other crime or misdemeanor opposed to decency and morality if the local liquor control commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant a public trust.

(5)

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

(6)

An applicant who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, subsequent to July 12, 1937, or shall have forfeited his bond to appear in court to answer charges for any such violation, if the local liquor control commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant a public trust.

(7)

An applicant convicted of any crime involving the illegal distribution or abuse of alcoholic liquor, including driving while intoxicated or illegal transportation of alcoholic liquor, if the local liquor control commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant a public trust.

(8)

An applicant who previously had a license or permit issued under this article, or prior liquor control ordinance, revoked or denied renewal for any cause.

(9)

An applicant who at the time of application for renewal of any license or permit issued hereunder would not be eligible for such license or permit on a first application.

(10)

An applicant who is not a beneficial owner of the business to be operated by the licensee.

(11)

A partnership, unless all of the members of such partnership shall be qualified to obtain a license or permit.

(12)

A limited partnership, unless all of the general partners of such limited partnership shall be qualified to obtain a license or permit and no limited partner owning more than a five (5) percent interest in the limited partnership would not be eligible to receive a license or permit hereunder for any reason other than citizenship and residence within the city.

(13)

A corporation, if any officer, director, or any stockholder or stockholders owning in the aggregate more than five (5) percent of the stock of such corporation, would not be eligible to receive a license or permit hereunder for any reason other than citizenship and residence within the city.

(14)

A limited liability company, if any member owning in the aggregate more than five (5) percent interest in the limited liability company, would not be eligible to receive a license or permit hereunder for any reason other than citizenship and residence within the city.

(15)

A limited partnership, unless it is organized in Illinois, or unless it is a foreign limited partnership, which is qualified under the Illinois Uniform Limited Partnership Act of 2001 to transact business in Illinois.

(16)

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.

(17)

A limited liability company, unless it is organized in Illinois, or unless it is a foreign limited liability company which is qualified under the Illinois Limited Liability Company Act to transact business in Illinois.

(18)

A person who is not an actual resident of the City of Effingham, Illinois, prior to the date of his or her application. In the case of a general partnership, residency shall not be required for partners, if the general partnership applicant employs a resident manager to operate the business. In the case of a corporate applicant, residency shall not be required for corporate officers and stockholders if the corporate applicant employs a resident manager to operate the business. In the case of a limited liability company applicant, residency shall not be required for limited liability company members if the limited liability company employs a resident manager to operate the business. In the case of a limited partnership applicant, residency shall not be required for limited partners or general partners if the limited partnership applicant employs a resident manager to operate the business.

(19)

An applicant whose place of business is to be conducted by a resident manager or managing agent who would not be eligible to receive a license for a reason other than citizenship.

(20)

An Applicant who does not own the premises for which a license or permit is being sought, or does not have a written lease, contract for deed, license, easement, or other qualifying document for the full period for which the license or permit is to be issued.

(21)

An applicant leasing the premises for which a license or permit is being sought where the terms of the lease, contract for deed, license, easement, or other qualifying document are in conflict with this ordinance, any provision of the City Code or the Illinois Liquor Control Act.

(22)

Any law enforcing public official, including the mayor, commissioners or any elected official; and no such official shall be interested directly or indirectly 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, provided, however, that persons described herein may be members or unpaid officers of clubs, as defined in section 4-3 of article I of this chapter, which are licensed in accordance with subsection 4-22(a)(2) of article III of this chapter.

(23)

Any applicant not eligible for a state retail liquor license.

(24)

An applicant who has in any way failed to cooperate in a background investigation required by this article as ordered or authorized by the local liquor control commissioner.

(25)

An applicant who fails to furnish information or to make statements required in the application for license or permit as set forth in this article or requested by the local liquor control commissioner.

(26)

A person who knowingly furnishes false or misleading information or falsely answers the statements required in the application for a license or permit, or one who furnishes false or misleading information on the application or to any investigator during the application process.

(27)

Any applicant whose business appears underfinanced and whose credit history justifies the local liquor control commissioner's reasonable belief that the applicant is financially unstable and that issuance of a license or permit would not be in the public interest.

(28)

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 proscribed by, Section 8-1.1 or 28-3 of the Illinois Criminal Code of 1961, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.

(29)

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.

(30)

Any person if the following criteria is applicable: If any tax payable to the city or other debt owed to the city remains unpaid after its due date and the delinquent taxpayer or debtor (henceforth debtor) holds a license or a permit, for the benefit of the debtor or his property, issued by the city, or the debtor applies for such license or permit, the city treasurer may request the licensing or issuing authority to suspend or refuse to issue, renew or extend such license or permit. The local liquor control commissioner shall then suspend or refuse to issue, renew, or extend such license or permit until such time as all taxes and outstanding debts are paid. Every licensee or applicant for license or permit shall attest, under penalties of perjury that he has paid all taxes or other debts owed to the city.

(31)

An applicant requesting a license or for premises already licensed to another licensee under this article.

(32)

Any applicant who has not obtained and provided proof to the local liquor control commissioner of adequate dram shop insurance. The City of Effingham, Illinois, shall be named as a certificate holder and it will be the responsibility of the insurer to notify all certificate holders of any restriction or termination of said policy. Failure to maintain adequate dram shop insurance shall be grounds for revocation of any license or permit granted under this article. A licensee is required to give notice within seven (7) calendar days to the deputy local liquor control commissioner in the event its liquor liability insurance is restricted in any way or terminated for any cause. A licensee must provide prior written notice regarding any changes of liquor liability insurance to the deputy local liquor control commissioner thirty (30) days prior to the changes being made.

(33)

Any applicant who uses or proposes to use a licensed premises, which are not in compliance with all applicable health and safety codes and regulations pertaining to the City of Effingham, including, but not limited to building, plumbing, electrical, fire codes and zoning regulations.

(Ord. No. 13-2012, 3-20-2012; Ord. No. 014-2019 , § VIII, 3-5-2019)