§ 36.06. Restrictions on issuance of licenses.

(a)

No liquor license shall be issued under the terms of this Chapter to any person, partnership, corporation or club if that person, or any partner, officer, director, stockholder or stockholders owning in the aggregate more than five percent of the stock of such corporation.

1.

Is a person who refuses to cooperate in providing necessary information and fingerprints for the conduct of a background check, or for whom the background check reveals information which would disqualify such person from receiving a license hereunder, including, but not limited to information related to subsection (a)(2) through (5), (9) or (14) hereof;

2.

Is not a person of good character and representation in the community in which such person resides;

3.

Is a person who has been convicted of a felony under any Federal or State law, unless the Illinois State Liquor Control 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.

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

5.

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

6.

Is a person whose license issued under this chapter has been revoked for cause;

7.

Is a person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;

8.

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

9.

Is a person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor;

10.

Is a person who does not 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;

11.

Is a law enforcing public official, Mayor, Alderman, member of the City Council or employee;

12.

Is a person, association or corporation not eligible for a state retail liquor dealer's license;

13.

Is doing business in Illinois as a corporation without being incorporated in Illinois or qualified to do business in Illinois if a foreign corporation;

14.

Is a person who has been convicted of gambling offense as proscribed by any of subsections (a)(3) through (a)(10) of Section 28-1 of, or as proscribed by Section 28-3 of, the "Criminal Code of 1961", approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;

15.

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

(b)

No liquor license shall be issued under the terms of this chapter for any premises if such premises or the activities proposed to be conducted thereon, violate any of the following restrictions:

1.

No premises shall be licensed for which a federal wagering stamp has been issued by the federal government for the current tax period.

2.

No premises shall be licensed if the activity proposed to be conducted thereon includes any "adult business uses," as defined in Chapter 22, Article IV, Section 22.42(e) of the Elmhurst Municipal Code.

3.

No premises shall be licensed within one hundred (100) feet of any church, school or hospital; provided however, that this prohibition shall not apply to regularly organized clubs, restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to February 6, 1950 or as to Class "D" licenses, the location of which licensed premises shall be in the discretion of the local liquor commissioner, provided further that this prohibition shall not apply to a Class "PD" license.

(MCO-24-2018, § 2, 11-19-2018)