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HomeMy WebLinkAboutOrdinances - MC-96-645 - 01/31/1996 - Sect 4-5 alcoholic beverages inelligible for licenORDINANCE NO. MC-96-645 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Section 4-5 of the City of McHenry Municipal Code relating to Alcoholic Beverages is hereby amended to read as follows: "Sec. 4-5. Persons ineligible for license. No license shall be issued to: (a) A person who is not a resident of the City; (b) A person who is not of good character and reputation in the community in which he resides; (c) A person who is not a citizen of the United States; (d) A person who has been convicted of a felony under any Federal or State law, unless the 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 Commissioner's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant; (e) A person who has been convicted of being the keeper 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or other crime or misdemeanor opposed to decency and morality; (g) A person whose license issued under this Chapter has been revoked for cause; (h) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first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; (i) A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residency within the City; (j) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residency within the City; (k) 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; (1) 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 license; (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 this Ordinance 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 have a lease thereon for the full period for which the license is to be issued. (o) Any person, association, or corporation not eligible for a State retail liquor dealer's license (p) Any law enforcing public official, any Mayor, Alderman, or member of the City Council or Commission, or any member of the County Board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor; (q) A person who is not a beneficial owner of the business to be operated by the licensee; (r) A person who has been convicted of a gambling offense as prescribed by any of subsections (a)(3) through (a)(10) of Section 28-1, or as proscribed by Section 28-3 of the "Criminal Code of 196111, approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions; (s) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period; (t) A copartnership 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; (u) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation has been issued a federal wagering stamp for the current tax period; (v) Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period. SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. -2- PASSED and APPROVED this 31st day of January , 1996. AYES: Bolger Locke, Bates, Lawson, Baird NAYS: ABSENT: None ABSTAINED: ATTEST: /lip Mayor City tlerk