[HISTORY: Adopted by the Mayor and Board of Trustees of the Village of Flossmoor 8-7-1972 by FMC-36 (Ch. 21, Art. IX, of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees, fines and charges — See Ch. 150.
Food handling establishments — See Ch. 163.
A. 
Interpretation. This article shall be liberally construed to the end that the health, safety and welfare of the residents of the Village shall be protected.
B. 
Definitions.
(1) 
Unless otherwise specified herein or unless the context shall otherwise require, terms used in this article shall have the definitions given in the Illinois Liquor Control Act, 235 ILCS 5/1 et seq., as amended from time to time. Where not otherwise qualified, the term "license or licensee" wherever used in this article means a license or licensee of the Village hereunder.
(2) 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
An individual, partnership or corporation which seeks to be licensed under the provisions of this article. In the case of a club, "applicant" shall mean the officers, directors and person operating as manager. In the case of a corporation, it shall mean the officers, directors, all persons owning directly or beneficially more than 10% of the stock of such corporation and the person operating as manager of the premises. In the case of a partnership, it shall mean all partners and the person operating as manager of the premises.
[Amended 7-7-2014 by Ord. No. 2014-1783]
CLUB
A corporation organized under the laws of this state, which shall have been in operation as a club for one year prior to applying for a liquor license and which shall have been organized not for pecuniary profit but solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests.
RESTAURANT
Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, which offers patrons complete meals, including dinner and/or luncheon menu at which the service of alcoholic beverages is incidental and complementary to the service of such meals and which is licensed as a restaurant under Chapter 163, Food Handling Establishments, of this Code. Limited food service as provided by lounges, luncheonettes, diners, coffee shops, drive-ins, etc., does not satisfy the requirements of this definition.
No person shall sell or offer for sale or possess with intention to sell at retail in the Village any alcoholic liquor without a retailer's license from the Village in addition to a state license. No person shall sell or offer for sale at retail in the Village any alcoholic liquor in violation of the terms and conditions of the license or in violation of any provision of this Code or any provision of the Illinois Liquor Control Act.
No Village retailer's license of any kind shall be issued:
A. 
To a person, partnership or corporation declared ineligible for license under 235 ILCS 5/6-2, as amended from time to time, or to a person, partnership or corporation not eligible for a state retail liquor dealer's license.
B. 
For use on premises adjacent to churches, schools, hospitals, or other institutions or places of business if issuance of such license would be contrary to 235 ILCS 5/6-11, 5/6-12, 5/6-15, as amended from time to time.
C. 
For premises to be licensed under a restaurant or club classification unless such premises shall fully qualify under the definitions of such places as given in 235 ILCS 5/1-1 et seq., as amended from time to time, as well as under the provisions of § 103-1-1B of this article.
An applicant for a license or for renewal of a license from the Village shall submit an application to the Local Liquor Control Commissioner. The application shall be in writing under oath and shall be signed by the applicant as hereinabove defined. The application shall state:
A. 
The name, age and address of the applicant in the case of an individual or of all persons entitled to share in the profits in the case of a partnership; in the case of a club or corporation, the name, date of incorporation, the address, the objects for which it was organized; the names and addresses of all stockholders of a corporation and the proportion of stock held by each; the names and addresses of all members of a club.
B. 
The citizenship of the applicant, the citizen's place of birth, and, if a naturalized citizen, the time and place of citizen's naturalization.
C. 
The character of the business or operation with which the desired license is to be used and the class of license for which application is made.
D. 
The length of time that the applicant has been in that business or operation and the date at which that business or operation was started in the Village and, in the case of a corporation, the date on which its charter was issued.
E. 
The location and description of the premises or place of business which is to be operated under the desired license.
F. 
Whether applicant has ever made application for license to retail alcoholic liquor on premises other than described in the subject application and the disposition of such prior application.
G. 
Whether applicant has any criminal record.
H. 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and the reasons therefor.
I. 
That the applicant is familiar with the laws of the United States and of the State of Illinois and of this Village as they relate to retailers of alcoholic liquors and that the applicant has never violated these laws and will not violate nor permit the applicant's employees or agents to violate any of the laws of the United States or of the State of Illinois or the ordinances of this Village in the conduct of the business for which a license is desired.
J. 
That if legal ownership of any premises for which an application for a license is made under the provisions of this article is held in a land trust, a disclosure of all beneficiaries of said trust and owners of said property under said trust shall be disclosed in the application.
K. 
The applicant must produce a current valid policy of insurance in a solvent and responsible company authorized to do business in the state, insuring said applicant against liability during the entire term of the license for which application is made for any injury or death while operating under the provisions of the Illinois Liquor Control Law, in the amount prescribed in Section 6-21 of the Liquor Control Act (235 ILCS 5/6-21), as now existing or hereafter amended. Each applicant shall further furnish the local Liquor Control Commission or Village Clerk a certificate of such insurance or other evidence satisfactory to said commission; in the event of cancellation, the Village Clerk shall be notified immediately of such cancellation by said applicant.
[Added 3-16-2020 by FMC-2020-4[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections K and L as Subsections L and M, respectively.
L. 
As to corporations. The following information is required of each officer, director and manager, together with every stockholder holding more than 10% of the stock in such corporation, and in the event that a corporation holds 10% or more of the stock of the applicant corporation, the same information must be furnished of such corporation as required of the applicant corporation:
(1) 
Name, residence address, place of birth, and if a naturalized citizen, the date and place of such naturalization.
(2) 
Length of time, if any, each named individual has been engaged in the retail liquor business.
(3) 
A statement as to whether each named individual has made application for license other than the instant license application for the premises desired to be used and the disposition had on such application.
(4) 
A statement disclosing any criminal record of each named individual. Further, that if each named individual had applied in said applicant's individual name, that no disqualification existed for receiving a license by reason of any matter or thing contained in the laws of this state or this article.
(5) 
In the event that any of the individuals named in this corporate application have previously held liquor licenses of any type issued by any state or subdivision thereof, or by the federal government, a statement shall be made to that effect giving pertinent data as to the termination, and if revoked, the reasons therefor.
M. 
In addition to the foregoing information, the application shall contain such other and further information as the Local Liquor Control Commissioner may prescribe by rule or regulation not inconsistent with law.
[Amended 7-7-2014 by Ord. No. 2014-1783]
Licenses permitting the sale at retail of alcoholic liquor shall be of the following classes:
A. 
Class A — Restaurant. Class A licenses shall authorize the sale at retail of alcoholic liquors for consumption on the premises described in the license, but no sales for consumption off the premises.
B. 
Class B — Package. Class B licenses shall authorize the sale at retail of alcoholic liquor in the original packages only, but not for consumption on the premises where sold.
C. 
Class BW — Package Beer and Wine Only. Class BW shall authorize the sale at retail of beer and wine only and in the original package only, but not for consumption on premises, and subject to the following limitations:
[Amended 3-15-2004 by FMC-394]
(1) 
No sale of beer or wine shall occur from a drive-up window or similar opening in the licensed premises to a person occupying a motor vehicle.
(2) 
No sale of beer or wine by a licensee shall be by or through a person who is less than 21 years of age.
(3) 
No licensee shall divide or permit the division of a manufacturer's package containing more than one can or bottle of beer, malt liquor or ale if the capacity of an individual can or bottle is less than 32 ounces.
(4) 
No licensee shall sell or deliver an individual can or bottle of beer, malt liquor or ale with a capacity of less than 32 ounces.
D. 
Class C — Club. Class C licenses shall authorize the sale at retail of alcoholic liquor by a bona fide social or fraternal organization or club, as hereinabove defined, for consumption within the premises maintained by the club.
E. 
Class D — Limited Special Events. Class D licenses shall authorize the sale of alcoholic liquors at a special event not in excess of three consecutive days, to be held by a holder of a valid liquor license at a location other than the location for which a liquor license has been issued.
Amended 3-16-2020 by FMC-2020-4]
F. 
Class PGC — Public Golf Course.
[Added 4-4-2005 by FMC-400]
(1) 
Class PGC licenses shall authorize the sale of alcoholic liquors for consumption on the premises of a public golf course owned by a unit of local government.
(2) 
For purposes of this license class, "premises" shall mean the entire golf course except the areas where motor vehicles are regularly parked or operated, and "facility" shall mean the clubhouse dining areas, including its banquet rooms, decks, patios, grill room, bar and any temporary tents erected where food is served.
(3) 
A Class PGC license shall authorize the sale of alcoholic liquor, from the facility, from one or more motorized food and beverage carts, and from a "halfway house" all for consumption on the premises.
(4) 
No sale of alcoholic liquor by a licensee shall be by or through a person who is less than 21 years of age.
(5) 
No licensee shall permit any patron to possess alcoholic liquor on the premises which was not acquired from the licensee.
G. 
Class B-WO — Package Wine Only. Class B-WO shall authorize the sale at retail of wine in the original package, and wine tasting, but not otherwise for consumption on premises.
[Added 6-5-2006 by FMC-409]
H. 
[1]Class T — Temporary License. Class T licenses shall authorize the sale of alcoholic liquors to be consumed at a banquet, picnic, bazaar, fair or similar private or public assembly issued only to:
[Added 3-16-2020 by FMC-2020-4]
(1) 
A political subdivision; or
(2) 
A club, society, fraternal or benevolent organization or association which is organized as a not-for-pecuniary-profit which has been in operation for no less than one year.
[1]
Editor's Note: Former Subsection H, Class PC-WO – Premises Consumption Wine Only, added 4-16-2007 by FMC-417, as amended, was repealed 2-20-2017 by FMC-2017-1.
I. 
Class AB-VGP — Restaurant, Package, Video Gaming Prohibited. Class AB-VGP shall authorize the sale at retail of alcoholic liquor for consumption on the premises described in the license; authorize the sale at retail of alcoholic liquor in the original packages only on the premises where sold for consumption off premises; and prohibit any video gaming terminal as defined in the Video Gaming Act of Illinois, 230 ILCS 40/ 1 et seq. to be located or operated on the licensed premises.
[Added 4-20-2020 by FMC-2020-5[2]]
[2]
Editor's Note: Pursuant to this ordinance, former Subsection I was redesignated as Subsection J.
J. 
Class E-VGP – Private event license. Class E-VGP shall authorize the sale of alcoholic liquor for consumption on the premises at a private event open only by personal invitation and not open to the general public, and prohibit any video gaming terminal as defined in the Video Gaming Act of Illinois, 230 ILCS 40/1 et seq., to be located or operated on the licensed premises.
[Added 6-6-2022 by Ord. No. FMC-2022-4[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsections J and K as Subsections K and L, respectively.
K. 
Combination/combined license. When licenses are granted for more than one class of license, one of which is for on-premises consumption and the other is for off-premises consumption, for the same location, then a single combination/combined license may be issued which discloses the classes of licenses covered by the combination/combined license. The fee for such combination/combined license shall be the sum of the fees for each class of license so combined.
[Added 4-4-2016 by FMC-2016-2]
L. 
Class A-1 – Class A-1 licenses shall authorize both the sale of alcoholic liquor for consumption on the premises with service of alcoholic liquor from a machine-operated pouring system and the sale at retail of alcoholic liquor in the original packages solely for consumption off the premises; provided, however, the area used for the sale of alcoholic liquor in original packages shall not utilize more than 25% of the floor area dedicated to sales of alcoholic liquor.
[Added 12-20-2021 by FMC-2021-12]
Licenses shall clearly indicate the class of license and the terms of issuance. Licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon and only one location shall be so described in each license. Each licensee shall cause the license to be framed and hung in plain view in a conspicuous place on the licensed premises.
[Amended 3-15-2004 by FMC-394; 4-4-2005 by FMC-400; 6-5-2006 by FMC-409; 4-16-2007 by FMC-417; 7-7-2014 by Ord. No. 2014-1783]
The license fee due the Village and each of the classifications of licenses set forth herein shall be as provided in Chapter 150, Fees, Fines and Charges, Article 10.
[Amended 5-6-1974 by FMC-55; 11-19-1979 by FMC-135; 10-6-1980 by FMC-156; 11-16-1987 by FMC-221; 5-16-1988 by FMC-225; 5-15-1995 by FMC-304; 6-15-1998 by FMC-344; 6-17-2002 by FMC-380; 3-15-2004 by FMC-394; 4-4-2005 by FMC-400; 12-15-2008 by FMC-431; 3-18-2013 by FMC-458; 7-7-2014 by Ord. No. 2014-1783; 1-20-2015 by FMC-2015-1; 2-20-2017 by FMC-2017-1; 3-16-2020 by FMC-2020-4; 7-19-2021 by FMC-2021-9; 11-15-2021 by FMC-2021-11; 12-20-2021 by FMC-2021-12; 6-6-2022 by Ord. No. FMC-2022-4; 5-1-2023 by Ord. No. FMC 2023-5]
The following are the numbers for each class of license:
Class of License
Number of Licenses Issued
A.
Class A
Seven
B.
Class B
Two
C.
Class BW
Two
D.
Class C
One
E.
Class D
No limit
F.
Class PGC
One
G.
Class B-WO
Two
Class T
No limit
H.
Class A-1
One
I.
Class E
One
[Amended 4-16-2004 by FMC-417]
A. 
Class A, Class A-1, Class B, Class BW, Class C, Class PGC, Class B-WO, Class AB-VGP, and Class E-VGP licenses shall be effective from May 1 of any given year to April 30 of the following year.
[Amended 2-20-2017 by FMC-2017-1; 6-6-2022 by Ord. No. FMC-2022-4]
(1) 
The fee for renewal shall be the full annual fee. There shall be no rebate for the unexpired term of the license.
(2) 
An application for renewal shall not be granted as such unless made prior to April 30, and unless submitted with the appropriate fee.
(3) 
No license shall be valid unless the proper fee has been paid. Applications for annual licenses occurring between November 1 of any given year to April 30 of the next year will be entitled to a reduced fee of 1/2 the fee for said license.
B. 
Class D and Class T licenses shall be effective for the duration placed on the face of the license.
[Amended 3-16-2020 by FMC-2020-4]
A license shall be purely a personal privilege and shall be subject to all the limitations and privileges set forth in the 235 ILCS 5/6-1 et seq., as amended from time to time.
After a license has been granted for a particular premises, the Local Liquor Control Commissioner, upon application by the licensee, may endorse upon the license permission to abandon the premises thereon described and to remove the license to other premises approved by said Commissioner and described in the endorsement. The application for transfer shall be in writing under oath and shall fully describe the new premises. The reasons for transfer shall be given and it shall be shown that the new premises comply in all respects with the requirements of this article and the Illinois Liquor Control Act, being 235 ILCS 5/1 et seq., as amended from time to time.
Licenses are subject to all prohibitions and penalties set forth in the 235 ILCS 5/6-16 et seq., as amended from time to time.
There shall be no access from licensed premises to dwelling quarters.
All premises used for the retail sale of alcoholic liquor, or for storage of such liquor for sale, shall be kept in full compliance with all provisions of this Code regulating the condition of premises used for the storage or sale of food for human consumption.[1]
[1]
Editor's Note: Original § 21.915, Employees, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
[Amended 3-15-2004 by FMC-394; 4-4-2005 by FMC-400; 6-5-2006 by FMC-409; 4-16-2007 by FMC-417; 7-7-2014 by Ord. No. 2014-1783 ;2-20-2017 by FMC-2017-1; 3-16-2020 by FMC-2020-4; 12-20-2021 by FMC-2021-12; 6-6-2022 by Ord. No. FMC-2022-4]
Premises for the retail sale of alcoholic liquor licensed under the provisions of this chapter shall be permitted to operate only during the hours below for the license class:
Weekdays
Friday, Saturday and Sunday
New Year's Eve
A.
Class A
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
B.
Class B
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
C.
Class BW
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
D.
Class C
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
E.
Class D
Set in license itself
F.
Class PGC:
Facility only
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
Premises excluding facility
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
G.
Class B-WO
9:00 a.m. to 1:00 a.m.
9:00 a.m. to 2:00 a.m.
9:00 a.m. to 4:00 a.m.
Class T
Set in license itself
H.
Class A-1
10:00 a.m. to 11:00 p.m.
10:00 a.m. to 12:00 midnight
10:00 a.m. to 10:00 p.m.
I.
Class E-VGP
12:00 noon to 10:00 p.m.
12:00 noon to 10:00 p.m.
12:00 noon to 10:00 p.m.
No person licensed to sell alcoholic liquor shall use the words "bar" or "saloon" in any advertisements or signs.[1]
[1]
Editor's Note: Original § 21.918, Credit sales, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
No person except a manufacturer, distributor, or importing distributor shall fill or refill, in whole or in part, any original package for alcoholic liquor with the same or any other kind of quality of alcoholic liquor with any diluent. It shall be unlawful for any person to have in said person's possession for sale any bottles, casks, or other container containing alcoholic liquor except in the original package.
No unmixed whiskey, unmixed rum or unmixed gin shall be sold or offered for sale at retail for consumption on the premises except in a container having a minimum capacity of at least one fluid ounce and which contains at the time of sale at least one fluid ounce of the beverage being sold. No person licensed to sell alcoholic liquor at retail for consumption on the premises shall use in such sales or possess on the premises any glass or other container so constructed as to be deceptive in appearance or to mislead the consumer as to its true capacity.
The Local Liquor Control Commissioner, the Commissioner's agent or agents, members of a committee appointed by the Commissioner to assist in local control, members of the Board of Trustees and police officers are prohibited from soliciting or accepting any gift, gratuity, emolument, or employment from any licensee and every licensee or employee, agent, or officer of such licensee is prohibited from offering or making any such gift, gratuity, or emolument to any person prohibited from accepting any such gift, gratuity or emolument.
No person shall remove any alcoholic liquor in any container of any kind from a premises licensed solely to sell alcoholic liquor for consumption on the premises.
No minor person shall represent that such minor is of age for the purpose of buying, accepting, or receiving alcoholic liquor from a licensee.[1]
[1]
Editor's Note: Original § 21.924, Intoxication, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
No person shall peddle alcoholic liquor in the Village.
[Amended 7-7-2014 by Ord. No. 2014-1783]
A. 
Regulations administered. The Mayor shall be the Local Liquor Control Commissioner and shall be charged with the administration of the provisions of this article and of the appropriate provisions of the Liquor Control Act of the State of Illinois. The Local Liquor Control Commissioner shall receive no compensation for performing these duties but this provision shall not cause the Commissioner to be ineligible for compensation for other offices or positions said Commissioner may occupy.
B. 
Powers. The Local Liquor Control Commissioner shall have the following powers, functions and duties:
(1) 
To grant and/or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within the Village. Cause shall specifically include a licensee's failure to operate the licensed premises for a period of 60 consecutive days as well as any other violation of this article or the Liquor Control Act.
(2) 
To enter or to authorize any law enforcing officer to enter at any time upon the premises licensed under this article to determine whether any of the provisions of this article or of the Liquor Control Act or any of the rules or regulations adopted by the State Commission have been or are being violated, and at such times to examine the premises of the licensee in connection therewith.
(3) 
To receive complaint from any citizen of the Village that any provision of this article or the Liquor Control Act has been or is being violated and to act upon such complaint in the manner herein provided.
(4) 
To receive or cause to be received all local license fees any pay same forthwith to the Village Treasurer.
(5) 
To examine or cause to be examined under oath any applicant for Village license, or for renewal thereof, or any licensee upon whom notice of revocation has been served, all as provided in the 235 ILCS 5/4-5 et seq., as amended from time to time.
(6) 
To notify the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of the Liquor Control Act (235 ILCS 5/6-20, Transfer, possession and consumption of alcoholic liquor) or a similar provision of this chapter.
C. 
List of licensees. The Local Liquor Control Commissioner shall keep or cause to be kept a complete record and file of particulars of all licenses issued.
[Amended 7-7-2014 by Ord. No. 2014-1783]
Any five residents of the Village shall have the right to file a complaint with the Local Liquor Control Commissioner stating that any retail licensee has been or is violating any provision of this article or of the Illinois Liquor Control Act, being 235 ILCS 5/1 et seq. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provisions believed to have been violated and the facts in detail upon which the belief is based. If the Local Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, the Commissioner shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particulars charged in the complaint.
[Amended 7-7-2014 by Ord. No. 2014-1783]
In accordance with 235 ILCS 5/7-5, the Local Liquor Control Commissioner may revoke and/or suspend any local license issued by the Village if said Commissioner determines that the licensee has violated any provision of this article or of the Illinois Liquor Control Act. There shall be no refund of license fee. These penalties shall be in addition to any other penalties that may be assessed for conviction of violation.
If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use the premises in violation of the terms of this article or of the applicable provisions of the Illinois Liquor Control Act, the owner, agent or other person shall be deemed guilty of a violation of this article to the same extent as said licensee and shall be subject to the same penalties.
Every act or omission constituting a violation of any provision of this article or of the Illinois Liquor Control Act by any officer, director, manager, agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee and the employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by said licensee personally.[1]
[1]
Editor's Note: Original § 21.931, Penalty, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
[Amended 3-15-2004 by FMC-394]
Except as otherwise provided in this article for a greater age, no minor shall tend bar or draw, mix or pour any alcoholic liquor.