City of chicago new liquor license applications

2024 S-66 (current)

(a) An application for a City retailer’s license for the sale of alcoholic liquor shall be made in conformity with the provisions of this chapter and the general requirements of Chapter 4-4 relating to applications for licenses. The Commissioner of Business Affairs and Consumer Protection shall assist the mayor or the mayor’s designee as local liquor control commissioner in the exercise of the powers and the performance of the duties of the local liquor control commissioner.

(b) The application shall be in writing, signed by the applicant if an individual. If the applicant is a club, partnership or corporation, the application shall be signed by a duly authorized agent thereof. If the applicant is a limited liability company managed by managers, the application shall be signed by a manager. If the applicant is a limited liability company managed by its members, the application shall be signed by a member. The application shall be verified by oath or affidavit, and shall include the following statements and information:

(1) in the case of an individual: the name, date of birth, residence address, current telephone number and social security number of the applicant; in the case of a club, the date of its incorporation; the objects for which it was organized; a summary of its activities during the past year; and the names, residence addresses, dates of birth and social security numbers of all officers and directors; in the case of a partnership, limited partnership, corporation, limited liability company or other legal entity: the date of its organization or incorporation; the objects for which it was organized or incorporated; a summary of its activities during the past year; the name, residence address, date of birth and social security numbers of any person owning directly or beneficially any percentage of ownership therein, provided, however, that if the partnership, limited partnership, corporation, limited liability company or other legal entity is publicly traded on an exchange within meaning of the Securities Exchange Act of 1934, the names, residence addresses, social security numbers, dates of birth and percentage of interest of the three members who own the highest percentage of interest therein and of any other members who hold a five percent or greater interest therein; and, where applicable, the names, residence addresses, dates of birth and social security numbers of all principal officers and directors; if the entity is a manager- managed limited liability company, the names, residence addresses, dates of birth and social security numbers of all managers; and the name and current telephone number of any authorized agent; and in all cases: the name, address, and a brief description of any work performed by any person in connection with the preparation and filing of the application, including but not limited to, any attorney, accountant, consultant, expediter, promoter or lobbyist;

(2) the character of business of the applicant and the length of time the applicant has been in a business of that character, or in the case of a corporation, the date when its charter was issued;

(3) the location and description of the premises or place of business which is to be operated under such license;

(B) the name, address and telephone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as trustee and if known to the applicant;

(6) a statement as to whether the applicant has made application for a similar license on premises other than that described in the application, and the disposition of such application;

(7) a statement as to whether the applicant is disqualified to receive a license by reason of any provision of this chapter or other provisions of this Code or the laws of the state of Illinois;

(8) a statement as to whether the applicant has ever been convicted of a felony, gambling offense, violation of law concerning the manufacture, possession or sale of cannabis (other than a minor cannabis offense), narcotics or other controlled substances, or violation of law concerning the manufacture, possession or sale of alcoholic liquor;

(9) a statement as to whether any previous license for the sale of alcoholic liquor issued by any state or subdivision thereof has been revoked, and the reasons for revocation;

(10) a statement that the applicant will not violate any of the laws of the state of Illinois, or of the United States, or any provision of this Code in the conduct of business; and

(11) if applicable, a statement that the owner of the premises prohibits or will prohibit the carrying of concealed firearms on the property and has posted or will post a sign in accordance with subsection (k)(1) of Section 4-60-140 indicating that firearms are prohibited on the property.

(12) Any other information that the commissioner of business affairs and consumer protection or local liquor control commissioner may require to implement the requirements of this chapter.

(c) (1) During the application process for a liquor license or for an expanded establishment amended liquor license, the applicant shall pay the license fee as required by Section 4-5-010, and, no later than 30 days after payment of the license fee, shall submit to the Department of Business Affairs and Consumer Protection all required documentation, as prescribed by the rules of the department, necessary to complete the liquor license application. If the applicant submits all required documentation in a timely manner, the local liquor control commissioner shall review the application materials and any written objections to the granting of the license and shall approve or deny the application within 60 days after all required documentation has been submitted. If the applicant fails to submit all required documentation in a timely manner, the Commissioner of Business Affairs and Consumer Protection shall deem the application to be incomplete and shall suspend all further processing of the application unless the applicant reactivates the application within six months after payment of the license fee by (i) submitting all required documentation necessary to complete the application process, and (ii) paying a $500.00 license application reactivation fee which the Commissioner of Business Affairs and Consumer Protection is authorized to assess. If the applicant reactivates the license application in accordance with the requirements of this subsection, the local liquor control commissioner shall review the application materials and any written objections to the granting of the license and shall approve or deny the application within 60 days after all required documentation has been submitted and the license application reactivation fee paid. If the Commissioner of Business Affairs and Consumer Protection deems the liquor license application to be incomplete and the applicant fails to reactivate the application in accordance with the requirements of this subsection, or, if the applicant withdraws the application, the application shall expire and the applicant shall forfeit the license fee and, if applicable, the license application reactivation fee. If the liquor license application expires or is withdrawn, a new application for a liquor license, accompanied by the license fee and all required documentation prescribed by the rules of the Department of Business Affairs and Consumer Protection, shall be required to obtain a liquor license under this chapter.

(2) Prior to the approval or renewal of a liquor license, an applicant or licensee shall provide proof to the Department of Business Affairs and Consumer Protection that the applicant or licensee has obtained liquor liability (dramshop) insurance for the operation of the premises described in such application or license in the aggregate amount of $300,000.00, issued by an insurer authorized to insure in Illinois. The insurance policy required by this subsection shall be for a term of at least 12 months, and shall be co-extensive with the first 12 months of the applicable license period. Thereafter, the licensee shall continue to maintain such insurance policy in full force and effect for the duration of the two-year license period. The licensee shall keep proof of the required insurance on the licensed premises at all times and, upon demand, shall produce such proof for inspection by an authorized city official. Each policy of insurance required under this subsection shall include a provision requiring 30 days’ advance notice to the local liquor control commissioner prior to termination or lapse of the policy. Failure to comply with the requirements of this subsection shall be grounds for the suspension or revocation of the license for a single offense in accordance with the requirements of Section 4-4-280 of this Code.

(3) No original or renewal license or expanded establishment amended liquor license shall be issued to any applicant or licensee if any person owning, either directly or indirectly, more than five percent of the interest in the applicant or licensee owes a debt within the meaning of Section 4-4-150(a) of this Code.

(d) Prior to the approval of a retailer's license for the sale of alcoholic liquor, each new applicant or manager of an applicant that is a corporation, limited liability company, partnership or club shall provide evidence to the local liquor control commissioner that such person has successfully completed a beverage alcohol sellers and servers education and training program (hereinafter "alcohol sellers training program") pursuant to the Illinois Alcoholism and Other Drug Dependency Act, as amended.

A copy of the certificate of completion from an "alcohol sellers training program" shall be posted in a conspicuous place within the licensed establishment of a person newly licensed to sell alcoholic liquor. The certificate of completion from an "alcohol sellers training program" shall be valid for a period of three years from its date of issuance. Each such person required to obtain the certificate provided herein shall renew such certificate every three years.

A copy of the certificate of completion from an “alcohol sellers training program” shall be posted in a conspicuous place within the licensed establishment of a person newly licensed to sell alcoholic liquor. The certificate of completion from an “alcohol sellers training program” shall be valid for a period of three years from its date of issuance. Each such person required to obtain the certificate provided herein shall renew such certificate every three years.

(e) Upon payment of the license fee for a liquor license or for an expanded establishment amended liquor license, the Commissioner of Business Affairs and Consumer Protection shall, within five days thereafter, cause to be published on the department’s website in a location accessible to the general public a notice (i) stating that application has been made for a City retailer’s license for the sale of alcoholic liquor; and (ii) specifying the type of license sought by the applicant, the date the license fee was paid, the applicant’s name, and the street number and location of the premises covered by the application. The notice shall also state that any objection to the granting of the license shall be made to the local liquor control commissioner, in writing, signed by the objector, within 35 days from the date the license fee was paid, and shall set forth the specific grounds of the objection. The publication may contain notice of more than one application for a license by different persons for different premises.

(f) Within five days after payment of the license fee for a liquor license or for an expanded establishment amended liquor license, the applicant shall cause to be posted at the location of the premises described in the application, in a place clearly visible from the public way, a notice in the form prescribed by the Commissioner of Business Affairs and Consumer Protection providing the information specified in subsection (e). The applicant shall maintain the notice in place until the local liquor control commissioner has made a decision on the application.

(g) Within five days after payment of the license fee for a liquor license or for an expanded establishment amended liquor license, the Commissioner of Business Affairs and Consumer Protection shall cause a written notice to be issued to the alderman of the ward in which the premises described in the application is located, providing the information specified in subsection (e) and the applicant’s current telephone number.

(h) The local liquor control commissioner shall review the application materials and any written objections to the granting of the license. The review period for every type of license shall be no fewer than 35 days and no longer than 90 days after the date the license fee is paid, except that there shall be no time limit on review of an application for a late-hour license or for issuance of a license within an area described in Section 4-60-022 or Section 4-60-023. Notwithstanding the foregoing, there shall be no minimum time for review of an application for a license for a premises located within either O'Hare International Airport or Midway Airport. The local liquor control commissioner shall deny an application if the applicant fails to satisfy the requirements of this chapter, and may deny an application for a city liquor dealer's license if the issuance of such license would tend to create a law enforcement problem, result in or add to an undue concentration of licenses, or have a deleterious impact on the health, safety or welfare of the community in which the licensed premises is to be located. A deleterious impact is presumed to exist whenever there have been a substantial number of arrests within 500 feet of the applicant's premises (measured from the nearest exterior wall of the premises) within the previous two years, unless the applicant has adopted a plan of operation that will provide reasonable assurance that the issuance of the license will not have a deleterious impact.

If the applicant is seeking a liquor license for a premises and the local liquor control commissioner finds that, for the subject premises identified in the application within the previous two years, a license application has been denied under this subsection (h) because the local liquor control commissioner has determined that issuance of the license would have a deleterious impact on the health, safety or welfare of the community, the application must be denied unless the applicant can prove by clear and convincing evidence that he has devised a plan of operation that will provide reasonable assurance that the issuance of the license will not have a deleterious impact. In any case in which the local liquor control commissioner finds that an application must be denied under this paragraph, he shall notify the applicant of that finding and afford the applicant 20 days in which to submit a plan of operation, and the time for a final ruling on the application shall be stayed until 35 days after the period in which the plan may be submitted has expired. The plan may include conditions upon the applicant's operation of the premises that are useful or necessary to mitigate a deleterious impact, including but not limited to providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services, or any other reasonable restrictions on business practices. An applicant's failure to adhere to a written plan of operation approved by the commissioner pursuant to this section shall constitute a basis to impose a fine and to suspend or revoke any liquor license subsequently issued, as appropriate. Nothing in this subsection (h) authorizes the issuance of a license when such issuance is prohibited under Section 4-60-180.

(i) No license of any type under this chapter shall be issued prior to the expiration of 35 days after the date the license fee is paid; provided, however, that this requirement shall not apply to a license for a premises located within either O'Hare International Airport or Midway Airport.

(j) Within five days of issuance of a city retailer's license for the sale of alcoholic liquor or an expanded establishment amended liquor license, the commissioner of business affairs and consumer protection shall notify the alderman of the ward in which the premises described in such license is located.

(k) If a change in any information required in subsection (b) of this section occurs at any time during a license period, the licensee shall file a statement, executed in the same manner as an application, indicating the nature and effective date of the change. The supplemental statement shall be filed within ten days after the change takes effect. The department of business affairs and consumer protection shall take measures to prevent disclosure of information required under subsection (b) and not subject to disclosure under the Illinois Freedom of Information Act to persons outside the government.

(l) No application for a retailer's license for the sale of alcoholic liquor shall be accepted for any location which is currently licensed for the retail sale of alcoholic liquor and such license is subject to a pending disciplinary hearing seeking revocation of such license.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-15-93, p. 43968; Amend Coun. J. 4-13-94, p. 48596; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-2-97, p. 48044; Amend Coun. J. 7-29-98, p. 75073; Amend Coun. J. 7-25-01, p. 65046, § 1; Amend Coun. J. 4-9-03, p. 106636, § 1; Amend Coun. J. 6-4-03, p. 2443, § 5; Amend Coun. J. 9-29-04, p. 32144, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-11-07, p. 97475, § 1; Amend Coun. J. 5-9-07, p. 105047, § 3; Amend Coun. J. 11-5-08, p. 43677, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-12-10, p. 91354, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 4; Amend Coun. J. 5-9-12, p. 27485, § 23; Amend Coun. J. 4-10-13, p. 51217, § 1; Amend Coun. J. 9-11-13, p. 58817, § 2; Amend Coun. J. 12-10-14, p. 100450, § 2; Amend Coun. J. 11-26-19, p. 11547, § 5; Amend Coun. J. 11-15-23, p. 6542, Art. IV, § 3)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing