§ 6-55. Issuance of licenses to certain persons prohibited.  


Latest version.
  • (a)

    Except as otherwise provided in subsection (b) of this section, no license of any kind issued by the state commission or any local commission shall be issued to:

    (1)

    A person who is not a resident of any city, village or county in which the premises covered by the license are located, except in case of railroad or boat licenses;

    (2)

    A person who is not of good character and reputation in the community in which he resides;

    (3)

    A person who has been convicted of a felony under any federal or state law unless the commission 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 commission's investigation; the burden of proof of sufficient rehabilitation shall be on the applicant;

    (4)

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

    (5)

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

    (6)

    A person whose license issued under this article has been revoked for cause;

    (7)

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

    (8)

    A copartnership, if any general partnership or any limited partnership owning more than five percent of the aggregate limited partner interest in such copartnership would not be eligible to receive a license under this article for any reason other than residence within the political subdivision unless residency is required by local ordinance;

    (9)

    A corporation, if any officer, manager or director, or any stockholders owning in the aggregate more than five percent of the stock of such corporation would not be eligible to receive a license under this article for any reason other than citizenship and residence within the political subdivision;

    (10)

    A corporation unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983, 805 ILCS 5/1.01 et seq., to transact business in the state;

    (11)

    A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee;

    (12)

    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 January 31, 1934, or has forfeited his bond to appear in court to answer charges for any such violation;

    (13)

    A person who does not beneficially own the premises for which a license is sought, or does not have a lease for the full period for which the license is to be issued;

    (14)

    Any law enforcing public official, including members of local liquor control commissions, any mayor, alderman or member of the city council or commission, any president of the village board of trustees, any member of a village board of trustees, or any president 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 state commission;

    (15)

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

    (16)

    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, 720 ILCS 5/28-1, 5/28-1.1, 5/28-3, or as proscribed by a statute replaced by any of the statutory provisions in this section; or

    (17)

    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, 230 ILCS 15/0.01 et seq., or the Illinois Pull Tabs and Jar Games Act, 230 ILCS 20/1 et seq.

    (b)

    A criminal conviction of a corporation is not grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor; the offense that led to the conviction did not result in any financial gain to the corporation; and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation. The commission shall determine if all provisions of this subsection (b) have been met before any action on the corporation's license is initiated.

(Ord. No. 01-91, § 1(20.07), 12-23-1991)

State law reference

Similar provisions, 235 ILCS 5/6-2.