Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Article III - Licensing

The­Coun­ty­Clerk shall pro­vide each hold­er of a Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license with a flu­o­res­cent decal show­ing the year and class of the license.  The licensee shall dis­play the decal on or near the front door or win­dow of the licensed premis­es so that the decal is vis­i­ble to the Sheriff’s patrol.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

A licensee shall cause their license to be framed and hung in plain view in a con­spic­u­ous place on the licensed premis­es.  (See 235 ILCS 5/6–24) 

No license of any class to sell alco­holic liquor shall be issued by the Liquor Con­trol Com­mis­sion­er unless the appli­cant there­for has pre­sent­ed a writ­ten com­mit­ment or “Binder” from a licensed dramshop insur­er to insure the said licensee in an amount not less than the max­i­mum lim­it for recov­ery pro­vid­ed for in 235 ILCS 5/6–21.  The licensee shall con­tem­po­ra­ne­ous with the issuance of a license, present evi­dence of such insur­ance (a dupli­cate pol­i­cy and a paid receipt for the pre­mi­um there­for) to the Liquor Con­trol Com­mis­sion­er.  The licensee’s fail­ure to keep such dramshop insur­ance in force through­out the entire peri­od for which the afore­said license is issued shall be grounds for revo­ca­tion of such license.  (See 235 ILCS 5/1–3.17–1 and 5/5–1(e))

The Liquor Con­trol Com­mis­sion­er shall keep or cause to be kept a com­plete record of all such licens­es issued under this Chap­ter; and shall fur­nish the Coun­ty Clerk, Trea­sur­er, Sher­iff and State’s Attor­ney with a copy of each license.  Upon the issuance of any new license, or the revo­ca­tion of any exist­ing license, the Liquor Con­trol Com­mis­sion­er shall give writ­ten notice of such action to the Deputy Liquor Con­trol Com­mis­sion­ers, the Coun­ty Clerk, the Trea­sur­er, the Sher­iff and the State’s Attor­ney with­in forty-eight (48) hours of such action.  (See 235 ILCS 5/4–1).

All licens­es issued under this Chap­ter shall be signed by the Liquor Con­trol Com­mis­sion­er and attest­ed by the Coun­ty Clerk with the seal of his office affixed there­to and shall state there­on the name of the licensee, the address of the licensed premis­es, the date of issuance of the license, the date of expi­ra­tion of the license and the class of the license.

(A) A licensee may renew their license at the expi­ra­tion there­of, pro­vid­ed they are then qual­i­fied to receive a license and the premis­es for which such renew­al license is sought are suit­able for such pur­pos­es; pro­vid­ed that the renew­al priv­i­lege here­in pro­vid­ed shall not be con­strued as a vest­ed right.

(B) Any license issued to a cor­po­ra­tion shall ter­mi­nate upon trans­fer of own­er­ship from one per­son or per­sons to anoth­er of more than thir­ty per­cent (30%) of the stock of the cor­po­ra­tion, and any appli­ca­tion for renew­al of the license in the corporation’s name sub­se­quent to the trans­fer of own­er­ship of more than thir­ty per­cent (30%) of the stock of the cor­po­ra­tion shall be con­sid­ered and treat­ed as a new application.

(C) When­ev­er a non-cor­po­rate licensee forms a cor­po­ra­tion to oper­ate in lieu of said licensee, a new appli­ca­tion and fee is required even when the share­hold­er or share­hold­ers of said cor­po­ra­tion and the licensee or licensees are one and the same persons.

(D) Fail­ure to apply for renew­al of a license and/or fail­ure to sub­mit the appro­pri­ate fee by the expi­ra­tion date of the exist­ing license may be con­sid­ered by the Liquor Con­trol Com­mis­sion­er as a deci­sion not to renew the license.

Notwith­stand­ing Sec­tion 21–3‑9 of this Chap­ter, the Liquor Con­trol Com­mis­sion­er, upon receipt of a writ­ten appli­ca­tion and a trans­fer fee in the amount of One Hun­dred Dol­lars ($100.00), may autho­rize the trans­fer of any license issued under this Chapter.

A license issued under this Chap­ter shall be pure­ly a per­son­al priv­i­lege, and shall not con­sti­tute prop­er­ty nor shall it be sub­ject to attach­ment, gar­nish­ment or exe­cu­tion, nor shall it be alien­able or trans­fer­able, vol­un­tar­i­ly or invol­un­tar­i­ly, or sub­ject to being encum­bered or hypoth­e­cat­ed.  A license issued under this Chap­ter shall not descend by the laws of tes­tate or intes­tate devo­lu­tion, but it shall cease upon the death of the licensee, pro­vid­ed that execu­tors and admin­is­tra­tors of any estate of the deceased licensee and the trustees of any insol­vent or bank­rupt licensee, when such estate con­sists in part of alco­holic liquor, may con­tin­ue the busi­ness of the sale of alco­holic liquor under the order of the court hav­ing juris­dic­tion of such estate and may exer­cise the priv­i­leges of such deceased, insol­vent, or bank­rupt licensee after the death of such descen­dent or such insol­ven­cy or bank­rupt­cy until the expi­ra­tion of such license, but not longer than six (6) months after the death, bank­rupt­cy or insol­ven­cy of such licensee.  (See 235 ILCS 5/6–1) 

(A) A Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license shall be valid for the peri­od begin­ning Jan­u­ary 1 of any year and end­ing on Decem­ber 31 of the same year.

(B) A Class “I” license may be grant­ed for the fol­low­ing time peri­ods: one (1) day or less; two (2) or more days to a max­i­mum of fif­teen (15) days per loca­tion in any twelve (12) month period.

(C) A Class “J” license shall be valid for a peri­od not to exceed forty-eight (48) hours as deter­mined by the Liquor Con­trol Commissioner.

(D) Any license issued by the Coun­ty Clerk pri­or to the adop­tion of this Chap­ter shall be valid through twelve o’clock (12:00) A.M. Mid­night on Decem­ber 31, 2009; pro­vid­ed, how­ev­er, a licensee hold­ing any such license shall be sub­ject to all oth­er pro­vi­sions of this Chap­ter.  (See 235 ILCS 5/4–1) 

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

The fee for licens­es shall be as follows:

(A) Class A – Tav­ern $900.00

(B) Class B – Pack­age Store $900.00

(C) Class C – Club $900.00

(D) Class D – Restau­rant $500.00

(E) Class E – Wine-Man­u­­­fac­­­tur­er $500.00

(F) Class F ‑Event­Cen­ter $500.00

(G) Class G – Cater­er Retail­er $500.00

(H) Class H – Lim­it­ed Retail Wine       $300.00

(I) Class I – Spe­cial Use $25.00

(J) Class J – Spe­cial Events $25.00

The fee for a Class “J” license may be waived at the dis­cre­tion of the Liquor Con­trol Commissioner.

In the event an ini­tial appli­ca­tion for a Class “A”, “B”, “C”, “D”, “E”, “F”, or “G” license is for a peri­od of less than the full license year, the annu­al fee set forth above shall be reduced in pro­por­tion to the full cal­en­dar months which have elapsed in the license peri­od pri­or to the issuance of the license.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

The Liquor Con­trol Com­mis­sion­er shall have the pow­er to issue retail liquor licens­es for sell­ing at retail of alco­holic liquor.  Such licens­es shall be issued in the fol­low­ing clas­si­fi­ca­tions and none other:

(A) Class “A” – Tav­ern.  A Class “A” license shall autho­rize the retail sale on the premis­es of alco­holic liquor for con­sump­tion on the premis­es as well as oth­er retail sales of such liquor in the orig­i­nal pack­age which shall be con­sumed on or off the premis­es.  There shall be two (2) Class “A” licenses.

(B) Class “B” – Pack­age Store.  A Class “B” license shall autho­rize the retail sale of alco­holic liquor in the orig­i­nal sealed pack­age, but not for con­sump­tion on the premis­es.  There shall be one (1) Class “B” license.

(C) Class “C” – Club.  A Class “C” license shall autho­rize the retail sale of alco­holic liquor on the premis­es of any club for con­sump­tion on the premis­es as well as oth­er retail sales of such liquor in the orig­i­nal pack­age which shall be con­sumed on or off the premis­es.  There shall be one (1) Class “C” license.

(D) Class “D” – Restau­rant.  A Class “D” license shall autho­rize the retail sale of alco­holic liquor on the premis­es of any restau­rant for con­sump­tion on the premis­es.  There shall be five (5) Class “D” licenses.

(E) Class “E” – Wine-Man­u­­­fac­­­tur­er.  A Class “E” license shall autho­rize wine-tast­ing and the sale of alco­holic liquor for con­sump­tion on the premis­es of any wine-man­u­­­fac­­­tur­er, as well as oth­er retail sales of such liquor in the orig­i­nal sealed pack­age which shall be con­sumed on or off the premis­es.  There shall be twen­ty (20) Class “E” licenses.

(F) Class “F” – Event Cen­ter.  A Class “F” license shall autho­rize the retail sale of alco­holic liquor as a part of pri­vate func­tions on the premis­es of any event cen­ter for con­sump­tion on the premis­es.  There shall be one (1) Class “F” license.

(G) Class “G” – Cater­er Retail­er.  A Class “G” license shall autho­rize the serv­ing of alco­holic liquors by a cater­er retail­er as an inci­den­tal part of a food ser­vice that serves pre­pared meals which excludes the serv­ing of snacks as the pri­ma­ry meal, either on or off-site whether licensed or unli­censed.  There shall be one (1) Class “G” license.

(H) Class “H” – Lim­it­ed Retail Wine.  A Class “H” license shall autho­rize the sale of wine in the orig­i­nal sealed pack­age, but not for con­sump­tion on the premis­es, and in con­junc­tion with the dis­play and sale of oth­er non-alco­holic gift items, and where the sale of non-alco­holic gift items con­sti­tutes a sub­stan­tial por­tion of the licensee’s busi­ness.  There shall be one (1) Class “H” license.

(I) Class “I” – Spe­cial Use.  A Class “I” license shall autho­rize the hold­er of a Class “A”, “B”, “C”, “D”, “E”, “F” or “G” license to trans­fer a por­tion of its alco­holic liquor inven­to­ry from its retail licensed premis­es to a des­ig­nat­ed site for a spe­cif­ic event, and to sell or offer for sale at retail, only in the premis­es spec­i­fied in the request, the trans­ferred alco­holic liquor for use or con­sump­tion, but not for resale in any form.

(J) Class “J” – Spe­cial Events.  A Class “J” license shall autho­rize an edu­ca­tion­al, fra­ter­nal, polit­i­cal, civic, or reli­gious orga­ni­za­tion, orga­nized as a not-for-prof­it orga­ni­za­tion under the laws of this State, to sell or offer wine and beer as part of an event con­duct­ed by the organization.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

No license shall be issued by the Liquor Con­trol Com­mis­sion­er to the following:

(A) A per­son who is not a res­i­dent of the Coun­ty except as pro­vid­ed in sub­sec­tion (L) of this Section.

(B) A per­son who is not of good char­ac­ter and rep­u­ta­tion in the com­mu­ni­ty in which he resides.

(C) A per­son who is not twen­­­ty-one (21) years of age.

(D) A per­son who has been con­vict­ed of a felony under any fed­er­al or state law, unless the Liquor Con­trol Com­mis­sion­er 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 Liquor Con­trol Commissioner’s inves­ti­ga­tion.  The bur­den of proof suf­fi­cient reha­bil­i­ta­tion shall be on the applicant.

(E) A per­son who has been con­vict­ed of being the keep­er of or is keep­ing a house of ill-fame.

(F) A per­son who has been con­vict­ed of pan­der­ing or oth­er crime or mis­de­meanor opposed to decen­cy or morality.

(G) A per­son whose license has pre­vi­ous­ly been revoked for cause.

(H) A per­son who, at the time of the appli­ca­tion for renew­al for any license issued here­un­der, would not be eli­gi­ble for such license upon first application.

(I) A co-part­n­er­­­ship, if any gen­er­al part­ner­ship there­of or any lim­it­ed part­ner­ship there­of, own­ing more than five per­cent (5%) of the aggre­gate lim­it­ed part­ner inter­est in such co-part­n­er­­­ship would not be eli­gi­ble to receive a license under this Chap­ter for any reason.

(J) A cor­po­ra­tion or lim­it­ed lia­bil­i­ty com­pa­ny if any offi­cer, man­ag­er or direc­tor there­of or any stock­hold­er or stock­hold­ers own­ing in the aggre­gate more than five per­cent (5%) of such cor­po­ra­tion, would not be eli­gi­ble to receive a license here­un­der for any rea­son oth­er than the require­ment for cit­i­zen­ship and residence.

(K) A cor­po­ra­tion or lim­it­ed lia­bil­i­ty com­pa­ny unless it is incor­po­rat­ed in the State of Illi­nois, or unless it is a for­eign cor­po­ra­tion which is qual­i­fied under the 
Busi­ness Cor­po­ra­tion Act of 1983” or the Lim­it­ed Lia­bil­i­ty Com­pa­ny Act to trans­act busi­ness in Illinois.

(L) A per­son whose place of busi­ness is con­duct­ed by a man­ag­er or agent unless the man­ag­er or agent is a res­i­dent of this Coun­ty and the man­ag­er or agent pos­sess­es the same qual­i­fi­ca­tions required by the licensee.

(M) 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 the pas­sage of the Act, or has for­feit­ed his bond to appear in court to answer charges for any such violation.

(N) A per­son who does not ben­e­fi­cial­ly own the premis­es for which a license is sought, or does not rent or have a lease there­on for the full peri­od for which the license is to be issued.

(O) Any law enforc­ing pub­lic offi­cial, includ­ing mem­bers of local liquor con­trol com­mis­sions, any may­or, alder­man, or mem­ber of a city coun­cil or com­mis­sion, any pres­i­dent of a vil­lage board of trustees, any mem­ber of a vil­lage board of trustees, or any chair­man 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 Illi­nois Liquor Con­trol Com­mis­sion and the Liquor Con­trol Commissioner.

(P) 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, or as pro­scribed by a statute replaced by any of the afore­said statu­to­ry provisions.

(Q) A per­son to whom a fed­er­al wager­ing stamp has been issued by the fed­er­al gov­ern­ment for the cur­rent tax period.

(R) A co-part­n­er­­­ship to which a fed­er­al wager­ing stamp has been issued by the fed­er­al gov­ern­ment for the cur­rent tax peri­od, or if any of the part­ners have been issued a fed­er­al gam­ing device stamp or fed­er­al wager­ing stamp by the fed­er­al gov­ern­ment for the cur­rent tax period.

(S) A cor­po­ra­tion, if any offi­cer, man­ag­er or direc­tor there­of, or any stock­hold­er own­ing in the aggre­gate more than twen­ty per­cent (20%) of the stock of such cor­po­ra­tion has been issued a fed­er­al wager­ing stamp for the cur­rent tax period.

(T) Any premis­es for which a fed­er­al wager­ing stamp has been issued by the fed­er­al gov­ern­ment for the cur­rent tax period.

(U) Any per­son indebt­ed for any delin­quent real estate or per­son­al prop­er­ty tax­es, retailer’s occu­pa­tion tax, debt or oth­er finan­cial oblig­a­tion to the County.

(V) Any per­son not eli­gi­ble for a state retailer’s liquor license.

(W) For any oth­er rea­son as out­lined in the Act.

(See 235 ILCS Sec. 5/6–2)

The Liquor Con­trol Com­mis­sion­er shall have the right to exam­ine, or cause to be exam­ined, under oath, any appli­cant for a local license or for renew­al there­of, or any licensee upon whom notice of revo­ca­tion or sus­pen­sion has been served, and to exam­ine or cause to be exam­ined, the books and records of any such appli­cant or licensee; to hear tes­ti­mo­ny and take proof for his infor­ma­tion in the per­for­mance of his duties, includ­ing but not lim­it­ed to requir­ing the pro­duc­tion of an affi­davit affirm­ing any par­tic­u­lar or spe­cif­ic ques­tion posed by the Liquor Con­trol Com­mis­sion­er and for such pur­pose to issue sub­poe­nas which shall be effec­tive in any part of this State.  For the pur­pose of obtain­ing any of the infor­ma­tion desired by the Liquor Con­trol Com­mis­sion­er under this Sec­tion, the Liquor Con­trol Com­mis­sion­er may autho­rize its agent to act on its behalf.  (See 235 ILCS Sec. 5/4–5) 

(A) The Liquor Con­trol Com­mis­sion­er is autho­rized to grant and issue licens­es to per­sons to sell at retail and to keep and offer for sale at retail alco­holic liquors with­in the Coun­ty upon the con­di­tions and in the man­ner pro­vid­ed by this Chap­ter and by the Act, and not oth­er­wise.  The Liquor Con­trol Com­mis­sion­er shall pro­vide a form of appli­ca­tion to any applicant.

(B) Pri­or to issuance of a license, the appli­cant shall com­plete and sub­mit to the Liquor Con­trol Com­mis­sion­er, an appli­ca­tion, togeth­er with a non-refund­able first time appli­ca­tion fee of One Hun­dred Dol­lars ($100.00), said appli­ca­tion must be in writ­ing and under oath, stat­ing the following:

  1. The name, age, and address of the appli­cant in the case of an indi­vid­ual; in the case of a co-part­n­er­­­ship, the per­sons enti­tled to share in the prof­its there­of, and in the case of a cor­po­ra­tion for prof­it or a club, the date of incor­po­ra­tion, the object for which it was orga­nized, the names and address­es of the offi­cers, direc­tors and the name of the per­son who will be man­ag­ing the estab­lish­ment for which the license is sought, and if a major­i­ty in inter­est of the stock of such cor­po­ra­tion is owned by one (1) per­son or their nom­i­nee, the address and name of such person.
  2. The cit­i­zen­ship of the appli­cant, his place of birth and if a nat­u­ral­ized cit­i­zen, the time and place of his naturalization.
  3. The char­ac­ter of busi­ness of the appli­cant, and in the case of a cor­po­ra­tion, the objects for which it was formed.
  4. The length of time that the appli­cant has been engaged in the busi­ness of that char­ac­ter or in the case of a cor­po­ra­tion, the date on which its char­ter was issued.
  5. The loca­tion and descrip­tion of the premis­es or place of busi­ness which is to be oper­at­ed under such license.
  6. Whether appli­cant has made sim­i­lar appli­ca­tion for a sim­i­lar oth­er license on premis­es oth­er than described in the appli­ca­tion and the dis­po­si­tion of such application.
  7. That appli­cant has nev­er been con­vict­ed of a felony and is not dis­qual­i­fied to receive a license by rea­son of any mat­ter or thing con­tained in the Act or in this Chapter.
  8. Whether a pre­vi­ous license issued to the appli­cant by any state, or sub­di­vi­sion there­of, or by the fed­er­al gov­ern­ment has been revoked and the rea­sons for such revocation.
  9. That they will not vio­late any of the laws of the State of Illi­nois or of the Unit­ed States, or any of the pro­vi­sions of this Chap­ter in the con­duct of their place of business.

(C) In the case of a part­ner­ship or cor­po­ra­tion, the infor­ma­tion and state­ments required by this Sec­tion shall be fur­nished as to each part­ner, and with respect to a cor­po­ra­tion, the infor­ma­tion and state­ments required by this Sec­tion shall be fur­nished as to the pres­i­dent of the cor­po­ra­tion, the sec­re­tary of the cor­po­ra­tion, the direc­tors of the cor­po­ra­tion, and with respect to the per­son who is to man­age the estab­lish­ment for which a license is sought.

(D) If the appli­ca­tion is made on behalf of a part­ner­ship, firm, asso­ci­a­tion, club or cor­po­ra­tion, then the same shall be signed and sworn to by at least two (2) mem­bers of such part­ner­ship, firm, asso­ci­a­tion or club, or by the pres­i­dent and sec­re­tary of such corporation.

(E) The orig­i­nal appli­ca­tion shall be retained by the Liquor Con­trol Com­mis­sion­er and copies shall be giv­en to the Deputy Liquor Con­trol Com­mis­sion­ers, the Sher­iff and the State’s Attor­ney.  The Deputy Liquor Con­trol Com­mis­sion­ers, the Sher­iff and the State’s Attor­ney shall endorse on the copies their approval or dis­ap­proval of the appli­ca­tion and may make fur­ther com­ments regard­ing the appli­ca­tion.  The copies shall be returned to the Liquor Con­trol Com­mis­sion­er and the endorse­ments and com­ments of the Deputy Liquor Con­trol Com­mis­sion­ers, the Sher­iff and the State’s Attor­ney shall be con­sid­ered by the Liquor Con­trol Com­mis­sion­er as an aid in decid­ing whether the license should be issued or refused.  (See 235 ILCS 5/7–1)

Noth­ing in this Chap­ter shall be con­strued as per­mis­sion to oper­ate a pub­lic dance hall or road­house used for pub­lic dances with­out first hav­ing obtained a sep­a­rate license for such pub­lic dance hall or road­house under this Code.