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Legal information: Liquor licensing issues in Illinois

by Jamie Rider

Created on: January 02, 2009   Last Updated: January 09, 2009

On the surface, obtaining a liquor license in Illinois appears a straight forward process. Readily available online applications for the state Liquor License and most municipalities exist for the convienence of the applicant. The reality is that this process can be a dizzying maze of requirements. The Liquor Control Act of 1934 provides the broad outlines of what steps are required to attain a license. Yet the Liquor Control Act and state liquor licensing are only a small part of a complicated legal process to get you liquor service business up and running in Illinois.

If you are interested in opening a business or obtaining a special event permit, there are some basic qualifications that you must meet. Some of the requirements have to do strictly with residency and the moral character of the business owner. These include being free of any convictions related to any felony conviction, or misdemeanor convictions relating to sexual conduct, fraud, gambling or prostitution. Other qualifications for an Illinois Liquor License, in particular those applying to out of state corporations, are more involved and require resolution under other state laws such as the Business Corporation Act of 1983.

First, before applying to the state, you must apply for an receive a local liquor license from the community your business will serve. Each locality has very specific and often varied local liquor licensing requirements. Some localities in Illinois have a moratorium on issuing new liquor licenses. Others, like the city of Chicago, require approval of a local alderman or city council member to even submit the application. If there is a moratorium in place, to start a liquor service business you must find someone willing to sell or lease premises with an intact liquor license. The license must be up to date on fees and taxes, and the holder of that license must be willing to relinquish it. As with any scarce resource, the price on an intact license may be high and a certain level of negotiating skill may be necessary in order to obtain it. This is only one of the areas where the right business attorney can expediate the licensing process.

Once purchased/leased, or as part of the acquisition process, the business owner must apply and pay for a transfer of license. The fees can be significant. Both new and transfer fees must be received with the Illinois liquor license application. Another issue that can halt obtaining a liquor license is the will of the voters. Some cities, like

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