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(g) A person whose license issued under this Chapter has been
revoked for cause;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.
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PASSED and APPROVED this 31st day of January , 1996.
AYES: Bolger Locke, Bates, Lawson, Baird
NAYS:
ABSENT: None
ABSTAINED:
ATTEST: /lip Mayor
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