[HISTORY: Adopted by the City Council of
the City of Crystal Lake 1-19-1993 as amended 5-5-1998 by Ord. No. 5045 (Art. IV, Ch. I, Section
I, of the 1993 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 158.
As used in this chapter, the following terms
shall have the meanings indicated:
The product of distillation of any fermented liquid, whether
rectified or diluted, whatever may be the original thereof and includes
synthetic ethyl alcohol. It does not include denatured alcohol or
wood alcohol.
Includes alcohol spirits, wine and beer, and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by a human being. The
provisions of this chapter shall not apply to alcohol used in the
manufacture of denatured alcohol produced in accordance with Acts
of Congress and regulations promulgated thereunder, nor to any liquid
or solid containing 1/2 of 1%, or less, of alcohol by volume.
A business establishment, holding a liquor license issued pursuant to Chapter 329 of this Code, in which the principal business is the sale of alcoholic liquors for consumption on the premises and may include the incidental sale of food for consumption on the premises.
[Added 10-6-2020 by Ord.
No. 7655]
Any establishment or building, or part of an establishment
or building, as the case may be, wherein the game of bowling, played
with composition balls and 10 wooden pins, is played.
A dinner, banquet, party or other similar event at which
food service and alcoholic liquor are provided for consumption on
the premises by a catering business.
[Added 6-2-2015 by Ord.
No. 7134]
A business which provides food service and serves alcoholic
liquor at locations not owned or leased by the catering business for
consumption at such location.
[Added 6-2-2015 by Ord.
No. 7134]
The City of Crystal Lake, an Illinois municipal corporation.
A corporation organized under the laws of this state, not
for pecuniary profit, solely for the promotion of some common object
other than the sale or consumption of alcoholic liquors which conforms
to the definition of a club, as provided by 235 ILCS 5/1-3.24, commonly
known as "Liquor Control Act," as amended.
A recreational area with buildings or structures used in
conjunction therewith for the primary use of members and their guests,
as the case may be, all of which is established for recreational and
entertainment purposes and used in conjunction with recreational pursuits
or games, e.g., golf, tennis, etc.
A recreational area with or without clubhouse facilities
primarily for the use of members and their guests or the general public,
as the case may be, engaging in a form of recreation or game commonly
known as "golf."
Every building or other structure, kept, used, maintained,
advertised and held out to the public to be a place where food is
actually served and consumed and sleeping accommodations are offered
for adequate pay to travelers and guests, whether transient, permanent
or residential, in which 10 or more rooms are used for sleeping accommodations
and dining rooms being conducted in the same building and such building
structure being provided with adequate and sanitary kitchen and dining
room equipment and capacity.
A person designated by the licensee who is directly in control
of the day-to-day operations of the business operated upon the licensed
premises. The manager shall be authorized by the licensee to accept
service of all notices, including but not limited to notices of violation
and notices of hearing.
[Added 10-6-2020 by Ord.
No. 7655]
For purposes of this chapter and unless otherwise provided
in this chapter, persons under the age of 21.
Any bottle, flask, jug, can, cask, barrel, keg, hogshead
or other receptacle or container, whatsoever, used, corked or capped,
sealed and labeled by the manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
Except as otherwise provided in this chapter, "premises"
shall mean the interior of the building or structure within or upon
which the licensee is licensed to conduct their business.
[Added 10-6-2020 by Ord.
No. 7655]
RESTAURANT TYPE AA restaurant where 95% of the product that is sold will be consumed within the confines of the restaurant.
RESTAURANT TYPE BA restaurant facility where the product is served in cafeteria-line style in disposable containers, which product could be taken out or eaten at tables or counters. This restaurant facility provides no table service by employees of the restaurant.
Sealing and removal of open wine bottles from
a restaurant. Notwithstanding any other provision of this Code, a
restaurant licensed to sell alcoholic liquor in this City may permit
a patron to remove one unsealed and partially consumed bottle of wine
for off-premises consumption, provided that the patron has purchased
a meal and consumed a portion of the bottle of wine with the meal
on the restaurant premises. A partially consumed bottle of wine that
is to be removed from the premises pursuant to this subsection shall
be securely sealed by the licensee or an agent of the licensee prior
to removal from the premises and placed in a transparent one-time-use
tamper-proof bag. The licensee or agent of the licensee shall provide
a dated receipt for the bottle of wine to the patron. Wine that is
resealed in accordance with the provisions of this subsection and
not tampered with shall not be deemed an unsealed container for the
purposes of Section 11-502 of the Illinois Vehicle Code (625 ILCS
5/11-502).
[Added 2-6-2007 by Ord. No. 6159]
The sale for use or consumption and not for resale.
Any transfer, exchange or barter in any manner, or by any
means whatsoever, including the transfer of alcoholic liquors by and
through the transfer or negotiation of warehouse receipts or certificates
and means all sales made by any person, whether principal, proprietor,
agent, servant or employee.
Any building or site that has as its principal purpose the
operation of a facility for participatory sporting events.
[Added 10-6-2020 by Ord.
No. 7655]
Includes to keep or expose for sale and to keep with intent
to sell.
A recreation area where patrons participate in an activity
directly on a body of water owned by the City of Crystal Lake, including
swimming, water skiing, wakeboarding, or other similar activity.
[Added 3-15-2016 by Ord.
No. 7206]
It shall be unlawful to sell or offer for sale
at retail in the City of Crystal Lake any alcoholic liquor unless
the person selling or offering for sale has a valid current liquor
license in accordance with the provisions of this chapter, or in the
event the person has a valid current license in effect in violation
of the terms of such license.
[Amended 12-16-2008 by Ord. No. 6438; 3-3-2009 by Ord. No. 6448; 4-5-2016 by Ord. No. 7209; 10-6-2020 by Ord. No.
7655]
A.
Applications for such licenses shall be made to the
Local Liquor Commissioner in writing, signed by the applicant, or
corporation, verified by oath or affidavit, and shall contain the
following information and statements:
(1)
The name, age and address of the applicant in the case of an individual;
in the case of a partnership, the persons entitled to share in the
profits thereof, and in the case of a corporation for profit, limited-liability
company or limited-liability partnership, or a club, the date of incorporation
or formation, the objects for which it was organized, the names and
addresses of the officers, managers, and/or directors, and any shareholder
and/or LLC member holding a 5% or greater ownership interest in such
entity.
(2)
The citizenship of the applicant, place of birth,
and if a naturalized citizen, the time and place of naturalization.
(3)
The character of business of the applicant; and in
case of a corporation, the objects for which it was formed.
(4)
The length of time that said applicant has been in
business of that character, or in the case of a corporation, the date
on which its charter was issued.
(5)
The location and description of the premises or place
of business which is to be operated under such license.
(6)
A statement whether the applicant has made similar
application for a similar other license on premises other than described
in this application, and the disposition of such application.
(7)
A statement that the applicant has never been convicted
of a felony and is not disqualified to receive a license by reason
of any matter or thing contained in this chapter, laws of this state
or the ordinances of this City.
(8)
Whether a previous license by any state or subdivision
thereof, or by the federal government has been revoked, and the reasons
therefor.
(9)
A statement that the applicant will not allow gambling devices or gambling on the premises, except as may be specifically authorized in accordance the provisions of § 268-3 of this Code.
(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
ordinance of the City in the conduct of his/her place of business.
(11)
The name, age, address and telephone number of a manager, as
defined in this chapter, who will be in direct day-to-day control
of the establishment for which the license is sought along with a
statement executed by the applicant authorizing such manager to accept,
on behalf of the applicant, all notices, including but not limited
to notices of violations or notices of hearing. In the event that
a license is issued to the applicant, the applicant shall be responsible
to promptly update the City with the current name, address and telephone
number of such manager and any future change of manager. Designation
of the manager as a person upon whom notices may be served does not,
in any manner, limit the authority of the City and/or the Liquor Commissioner
to serve notices upon any other person or company who may otherwise
be authorized by law to be served with legal notices on behalf of
a licensee.
(12)
When any application submitted is seeking a license in a classification
which allows for the sale and consumption of alcoholic liquor in an
open unroofed area and the applicant requests that a portion of the
open unroofed area include public property, the applicant shall submit
a site plan, subject to the approval of the Liquor Commissioner, which
accurately depicts the portion of the proposed area to be located
upon such public property, including the location of the alcoholic
service and consumption area as well as the location of all tables
and chairs.
[Added 4-5-2022 by Ord.
No. 7797]
B.
For the purposes of this ordinance,[1] all liquor license holders must comply with the provisions
of the Illinois Liquor Control Act of 1934 (235 ILCS 5/1 et seq.),
including but not limited to the provisions of 235 ILCS 5/6-27.1 with
respect to certification of individuals for completion of training
by a licensed Beverage Alcohol Sellers and Servers Education and Training
(BASSET) provider and shall comply with each of the following:
(1)
Each licensee shall at all times have available for inspection by
the City on the licensed premises a copy of the current certification
of completion of BASSET training, issued by a BASSET training provider
licensed by the Illinois Liquor Control Commission, to all servers
at the licensed premises as well as all managers and persons checking
identification at the licensed establishment.
(2)
Except as otherwise provided herein, no licensee, manager or other
employee of an establishment covered under the provisions of this
chapter shall serve, vend or check identification unless such licensee,
manager or other employee possesses a current certification of completion
of BASSET training from a BASSET training provider licensed by the
Illinois Liquor Control Commission.
(3)
Employees hired by licensed establishments after passage of this
ordinance[2] shall obtain BASSET certification issued by a BASSET training
provider, licensed by the Illinois Liquor Control Commission, within
90 days of beginning such employment, and until certified, shall not
serve, vend or check identification for alcoholic beverages except
under the supervision of a BASSET certified manager or employee of
the licensed establishment.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted
10-6-2020.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted
10-6-2020.
C.
A fee of $300, to cover administrative costs, shall be paid for the initial application or change in classification for a liquor license, or upon any change in ownership or interest of any corporation, partnership, limited-liability company or other entity holding a liquor license which would result in a change of ownership interest of 5% or more of the entity's ownership. There shall be imposed a fine as set forth in Chapter 248, Fines, for failure to report the change of a manager or the internal change of ownership within 30 days. Application fees are in addition to the annual license fee.
D.
Background checks shall be made for all persons required by this
chapter to be listed on the application for license. For the purposes
of this ordinance,[3] all liquor license holders must comply with the following
procedures for obtaining the necessary background investigations.
All new applicants must submit federal and state background investigations
for all listed owners and managers. In the event of a change to the
listed owners and/or managers, background checks shall be required
for all such newly designated individuals.
(1)
For applicants residing within the corporate limits of the City of
Crystal Lake, a fee of $50, payable to the City of Crystal Lake, shall
be made, per applicant. The applicant shall contact the Crystal Lake
Police Department to complete their background investigation.
(2)
For applicants living in the State of Illinois, but outside the corporate
limits of the City of Crystal Lake, the applicant is required to apply
for a background check at an Illinois State Police approved LiveScan
vendor. All fees for such background check shall be paid directly
to the vendor that performs the background check.
(3)
For applicants living outside of the State of Illinois, applicants
must comply with Illinois State Police requirements for background
investigations. All fees will be paid directly to the agency providing
the background investigation.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted
10-6-2020.
E.
The annual license fee and any applicable supplemental license fees,
for the first licensed year, as set forth in this chapter, shall be
prorated from the month of issuance to the last month of the first
license year. The prorated amount for the applicable license fee and/or
supplemental license fee for the first licensed year shall be paid,
in full, at the time of issuance of such license. All persons making
application for a license renewal, including the renewal of a supplemental
license, shall either pay the balance in full at the time of such
renewal, or may elect to pay 1/2 of the fees due at the time of renewal
of such license or supplemental license and the balance of such fee
by not later than December 1 of the year in which the license or supplemental
license is renewed. Failure to pay the license fee or any portion
thereof shall result in the immediate revocation of the license. All
persons requesting a Class 16, 19, or 20 license shall be required
to pay the full amount of the license fee at the time of application.
In the event an application is not accepted, the license fee shall
be refunded.[4]
[4]
Editor's Note: Former Subsection F, which provided for reduced
liquor license fees during the COVID-19 pandemic, added 11-17-2020
by Ord. No. 7667, as amended 4-20-2021 by Ord. No. 7699, which immediately
followed this subsection, was repealed effective 6-1-2022.
[Amended 7-10-1995 by Ord. No. 3809; 4-5-2016 by Ord. No. 7209; 10-6-2020 by Ord. No. 7655]
No such license shall be issued to:
A.
An applicant who is not a resident of the City (applicable only to
sole proprietorships).
B.
An applicant who is not of good character and reputation in the City.
C.
A person who is not a citizen of the United States and who is unable
to present documentation issued by the United States Citizenship and
Immigration Services authorizing the person's presence in the United
States.
D.
An applicant who has been convicted of a felony under any federal
or state law.
E.
An applicant who has been convicted of being the keeper or is keeping
a house of ill fame.
F.
An applicant who has been convicted of pandering or other crime or
misdemeanor opposed to decency and morality.
G.
An applicant whose license issued under this chapter has been revoked
for cause.
H.
An applicant 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 partnership, unless all of the members of such partnership shall
be qualified to obtain a license hereunder except for the requirement
of residence within the political subdivision, except that at least
one partner of a partnership shall be a resident of the City.
J.
A corporation, limited-liability corporation (LLC), limited-liability
partnership (LLP) if any partner, officer, manager, member or director
thereof, or any stockholder or stockholders holding in the aggregate
more than a 5% ownership interest in such entity would not be eligible
to receive a license hereunder for any reason other than residence
within the City.
K.
A corporation or limited-liability company unless it is incorporated
or organized in Illinois, or unless it is a foreign corporation or
foreign limited-liability company which is qualified under the Business
Corporation Act of 1983[1] or the Limited Liability Company Act[2] to transact business in Illinois and has designated a
registered agent within the State of Illinois to accept process and
notices on the corporation or limited-liability company's behalf.
L.
An applicant whose place of business is conducted by a manager, unless
said manager possesses the same qualifications required of the licensee,
except those related to residency.
M.
An applicant 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 chapter, or shall have forfeited
his/her bond to appear in court to answer charges for any such violation.
N.
An applicant who does not 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 law enforcing public official, any City Manager, any Mayor, or
member of the City Council or Liquor Commissioner or any president
or member of a county board, and no such persons shall have a direct
interest in the manufacture for sale, sale or distribution of alcoholic
liquor.
P.
Any person, association, or corporation not eligible for a state
retail liquor dealer's license.
Q.
An applicant who is not a beneficiary owner of the business to be
operated by the licensee.
R.
An applicant who has been convicted of a gambling offense as prescribed
by any part of Subsection (a)(3) through (a)(10) of 720 ILCS 5/28-1
or as prescribed by 720 ILCS 5/28-3, as heretofore or hereafter amended,
or as prescribed by a statute replaced by any of the aforesaid statutory
provisions.
S.
An individual applicant, corporation, limited-liability corporation or limited-liability partnership, including any officer, manager, director, partner, or owner thereof to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, except that this prohibition shall not apply to any such stamps applicable to such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
T.
A partnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period except that this prohibition shall not apply to any such stamps applicable to such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
U.
A person who does not have an established place of business in which
to use the license.
V.
Any business which features topless or bottomless dancers, strippers
or similar entertainers or other employees where nude or seminude
dancing or other displays are performed or employed.
There shall be 30 classes of licenses:
A.
Class 1 license shall authorize the retail sale, on
the premises specified, of alcoholic liquor, for consumption on the
premises as well as the retail sale of alcoholic liquor in the original
package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday,
Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday;
and 12:00 noon on Sunday and 1:00 a.m. on Monday. A Class A restaurant
may be located on the premises. The license shall also authorize the
retail sale of alcoholic liquor in the original package by the license
holder at wine-tasting events that are held within the City. The annual
fee for such license shall be the sum of $1,350.
[Amended 5-15-2012 by Ord. No. 6786]
B.
Class 2 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and noon on Sunday and 1:00 a.m. on Monday. A Class A type
restaurant may be located on the premises. The annual fee for such
license shall be the sum of $1,150.
C.
Class 3 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises as well as the retail sale of alcoholic liquor in the
original package between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. The annual fee for
such license shall be the sum of $1,475.
D.
Class 4 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. The annual fee for
such license shall be the sum of $1,750.
[Amended 4-18-2006 by Ord. No. 6059]
E.
Class 5 license shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purpose of this license,premises shall include not only the interior of any building or structure but also: 1) any open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed; and 2) any noncontiguous open unroofed area of the property on which the licensed premises is situated, but only to the extent that a special event permit has been issued pursuant to Chapter 453 of the City Code which allows the sale and consumption of alcoholic liquor upon such noncontiguous open unroofed area.
[Amended 7-19-2022 by Ord. No. 7827]
(1)
Any
open unroofed area in which alcoholic beverages are served or consumed
pursuant to this license shall conform to the following:
(a)
The open unroofed areas shall be particularly described by the license
holder and approved by the Liquor Commissioner and shall have obtained
all permits or approvals required by the ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed areas shall be no greater than 100% of the other
floor space of the licensed premises or such greater area as may be
approved by the Liquor Commissioner.
(c)
The open unroofed areas shall have a maximum capacity as defined
by the Liquor Commissioner that shall be separately posted at the
entrance to the open unroofed area.
(d)
Any part of the open unroofed areas not blocked by a building shall
be surrounded by a fence or other barrier approved by the Liquor Commissioner,
which fence or other barrier shall contain the required number of
fire exits. All fences or other barriers shall comply with the ordinances
of the City regarding vision, clearance and required distances from
corners.
(e)
All electrical wiring shall comply with the codes of the City.
(f)
All combustible rubbish shall be stored in a noncombustible container,
and the license holder shall be responsible for keeping the area in
a clean and sightly condition.
(g)
The noise emanating from any open unroofed area where alcoholic beverages
are served pursuant to this license shall not violate any of the provisions
of the City Code of Ordinances pertaining to noise.
(h)
The license holder shall be responsible for preventing violations
of this chapter.
(i)
No open unroofed area where alcoholic beverages are served pursuant
to this license shall be permitted within 100 feet of land zoned for
residential purposes, except as may be expressly approved by the Liquor
Commissioner, subject to such conditions as the Liquor Commissioner
may deem necessary to ensure that sales and consumption can be conducted
in a safe manner and to minimize any impact upon such residentially
zoned properties.
(j)
Alcoholic liquor in the original package which is not intended for
consumption upon the licensed premises shall not be sold within any
open unroofed area.
(2)
The
fee for such license shall be the sum of $1,950.
F.
Class 6 licenses.[1]
[Added 3-15-2016 by Ord.
No. 7206]
(1)
Class 6 licenses shall authorize the retail sale of alcoholic liquor,
only on the premises of an outdoor water sports facility on City-owned
property as specified in the license, and only for consumption on
such premises between the hours of 11:00 a.m. and 10:00 p.m., Sunday
through Thursday, and between the hours of 11:00 a.m. and 11:00 p.m.,
Friday through Saturday. A Class A or Class B type of restaurant may
be located on the premises. Alcoholic liquor may only be served to
patrons or guests of the licensed premises from a bar which is permanently
constructed. For purposes of this license, premises shall include
an open unroofed area which is surrounded by a fence or other barrier
approved by the Liquor Commissioner which encloses the premises and
which contains the required number of fire exits. Such fences or other
barriers shall comply with the ordinances of the City regarding vision,
clearance and required distances from corners. All applications for
a Class 6 license must be accompanied by a plan which depicts the
location of the fence or other barrier as well as the location of
any permanently installed bars from which alcoholic liquor will be
served. Alcoholic liquor may only be served to patrons or guests at
the bars depicted in such plans or by wait staff employed at the premises
who deliver the alcoholic beverages to such patrons or guests. All
exits from the premises shall at all time when patrons or guests are
present on the premises be under the direct supervision of employees
or agents of the licensee who shall be able to monitor patrons or
guests of the outdoor water sports facility to ensure that alcoholic
beverages are not removed from the premises. Any person served or
consuming alcoholic beverages on the premises shall have his/her hand
stamped with a waterproof stamp bearing the date on which the alcoholic
beverage was served. Any person engaging in any water sport at the
premises shall be required to wear a wristband which must be cut in
order to be removed. Any person with an intact wrist band shall not
be served an alcoholic beverage. Any person served or consuming alcoholic
beverages upon the premises shall be prohibited from engaging in any
water-based activity at the outdoor water sports facility on the date
that such person was served or consumed alcoholic beverages upon the
premises.
(2)
In addition to the above requirements, any unroofed area in which
alcoholic beverages are served or consumed pursuant to this license
shall conform to the following:
(a)
The open unroofed area shall be particularly described and depicted
in plans to be submitted and subject to the review and approval of
the Liquor Commission. All such open unroofed areas shall further
be subject to the licensee having first obtained all permits or approvals
required by the ordinances of the City Code, City or other governmental
authority.
(b)
The open unroofed area shall have a maximum capacity as defined
by the Liquor Commissioner, which shall be separately posted at the
entrance to the open unroofed area.
(c)
All electrical wiring shall comply with the codes of the City.
(d)
All combustible rubbish shall be stored in a noncombustible
container, and the license holder shall be responsible for keeping
the area in a clean and sightly condition.
(e)
The noise emanating from any open unroofed area where alcoholic
beverages are served pursuant to this license shall not violate any
of the provisions of the City Code of Ordinances pertaining to noise.
(f)
The license holder shall be responsible for preventing violations
of this chapter.
(g)
No open unroofed area where alcoholic beverages are served pursuant
to this license shall be permitted within 100 feet of land zoned for
residential purposes.
(3)
The annual fee for such license shall be $1,250.00.
[1]
Editor's Note: Former § 4.87-6,
Class 6 license, was deleted 4-18-2006 by Ord. No. 6059.
G.
Class 7 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises as well as the retail sale of alcoholic liquor in the
original package between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and noon on Sunday and 1:00 a.m. on Monday. The license
shall also authorize the retail sale of alcoholic liquor in the original
package by the license holder at wine-tasting events that are held
within the City. A Class A type restaurant may be located on the premises.
For the purposes of this license, premises shall include not only
the interior of any building or structure but also an open unroofed
area immediately contiguous to the building or structure where alcoholic
beverages are served or consumed.
[Amended 5-4-2021 by Ord.
No. 7704]
(1)
Any open unroofed area in which alcoholic beverages
are served or consumed pursuant to this license shall conform to the
following:
(a)
The open unroofed area shall be particularly
described and adjacent to and operated as a part of the premises licensed
to sell alcoholic liquor on the premises and shall have obtained all
permits or approvals required by the ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed area shall be no greater than
100% of the other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum
capacity as defined by the Liquor Commissioner which shall be separately
posted at the entrance to the open unroofed area.
(d)
When the open unroofed area is located on private
property, any part of the open unroofed area not blocked by a building
shall be surrounded by a fence or other barrier approved by the Liquor
Commissioner which shall contain the required number of fire exits.
All fences or other barriers shall comply with the ordinances of the
City regarding vision, clearance and required distances from corners.
[Amended 4-5-2022 by Ord.
No. 7797]
(e)
All electrical wiring shall comply with the
codes of the City.
(f)
All combustible rubbish shall be stored in a
noncombustible container, and the license holder shall be responsible
for keeping the area in a clean and sightly condition.
(g)
The noise emanating from any open unroofed area
where alcoholic beverages are served pursuant to this license shall
not violate any of the provisions of the City Code of Ordinances pertaining
to noise.
(h)
The license holder shall be responsible for
preventing violations of this chapter.
(i)
No open unroofed area where alcoholic beverages
are served pursuant to this license shall be permitted within 100
feet of land zoned for residential purposes, except as may be approved
by the Liquor Commissioner, subject to such conditions as the Liquor
Commissioner may deem necessary to ensure that sales and consumption
can be conducted in a safe manner and to minimize any impact upon
such residentially zoned properties.
(2)
The annual fee for such license shall be the sum of
$1,700.
H.
Class 8 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. For the purposes
of this license, premises shall include not only the interior of any
building or structure but also an open unroofed area immediately contiguous
to the building or structure where alcoholic beverages are served
or consumed.
(1)
Any open unroofed area in which alcoholic beverages
are served or consumed pursuant to this license shall conform to the
following:
(a)
The open unroofed area shall be particularly
described and adjacent to and operated as a part of the premises licensed
to sell alcoholic liquor on the premises and shall have obtained all
permits or approvals required by the ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed area shall be no greater than
1/2 the other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum
capacity as defined by the Liquor Commissioner which shall be separately
posted at the entrance to the open unroofed area.
(d)
Any part of the open unroofed area not blocked
by a building shall be surrounded by a fence or other barrier approved
by the Liquor Commissioner which shall contain the required number
of fire exits. All fences or other barriers shall comply with the
ordinances of the City regarding vision, clearance and required distances
from corners.
(e)
All electrical wiring shall comply with the
codes of the City.
(f)
All combustible rubbish shall be stored in a
noncombustible container, and the license holder shall be responsible
for keeping the area in a clean and sightly condition.
(g)
The noise emanating from any open unroofed area
where alcoholic beverages are served pursuant to this license shall
not violate any of the provisions of the City Code of Ordinances pertaining
to noise.
(h)
The license holder shall be responsible for
preventing violations of this chapter.
(i)
No open unroofed area where alcoholic beverages
are served pursuant to this license shall be permitted within 100
feet of land zoned for residential purposes.
(2)
The annual fee for such license shall be the sum of
$1,500.
I.
Class 9 license which shall authorize the retail sale,
on the premises specified, of alcoholic liquor, for consumption, on
the premises as well as the retail sale of alcoholic liquor in the
original package between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. For the purposes
of this license, premises shall include not only the interior of any
building or structure but also an open unroofed area immediately contiguous
to the building or structure where alcoholic beverages are served
or consumed.
(1)
Any open unroofed area in which alcoholic beverages
are served or consumed pursuant to this license shall conform to the
following:
(a)
The open unroofed area shall be particularly
described and adjacent to and operated as a part of the premises licensed
to sell alcoholic liquor on the premises and shall have obtained all
permits or approvals required by the ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed area shall be no greater than
1/2 the other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum
capacity as defined by the Liquor Commissioner which shall be separately
posted at the entrance to the open unroofed area.
(d)
Any part of the open unroofed area not blocked
by a building shall be surrounded by a fence or other barrier approved
by the Liquor Commissioner which shall contain the required number
of fire exits. All fences or other barriers shall comply with the
ordinances of the City regarding vision, clearance and required distances
from corners.
(e)
All electrical wiring shall comply with the
codes of the City.
(f)
All combustible rubbish shall be stored in a
noncombustible container, and the license holder shall be responsible
for keeping the area in a clean and sightly condition.
(g)
The noise emanating from any open unroofed area
where alcoholic beverages are served pursuant to this license shall
not violate any of the provisions of the City Code of Ordinances pertaining
to noise.
(h)
The license holder shall be responsible for
preventing violations of this chapter.
(i)
No open unroofed area where alcoholic beverages
are served pursuant to this license shall be permitted within 100
feet of land zoned for residential purposes.
(2)
The annual fee for such license shall be the sum of
$1,825.
J.
Class 10 license which shall authorize the retail
sale, on the premises specified, of alcoholic liquor, for consumption
on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday,
Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and
Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. For the purposes
of this license, premises shall include not only the interior of any
building or structure but also an open unroofed area immediately contiguous
to the building or structure where alcoholic beverages are served
or consumed.
(1)
Any open unroofed area in which alcoholic beverages
are served or consumed pursuant to this license shall conform to the
following:
(a)
The open unroofed area shall be particularly
described and adjacent to and operated as a part of the premises licensed
to sell alcoholic liquor on the premises and shall have obtained all
permits or approvals required by the Ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed area shall be no greater than
1/2 the other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum
capacity as defined by the Liquor Commissioner which shall be separately
posted at the entrance to the open unroofed area.
(d)
Any part of the open unroofed area not blocked
by a building shall be surrounded by a fence or other barrier approved
by the Liquor Commissioner which shall contain the required number
of fire exits. All fences or other barriers shall comply with the
ordinances of the City regarding vision, clearance and required distances
from corners.
(e)
All electrical wiring shall comply with the
codes of the City.
(f)
All combustible rubbish shall be stored in a
noncombustible container, and the license holder shall be responsible
for keeping the area in a clean and sightly condition.
(g)
The noise emanating from any open unroofed area
where alcoholic beverages are served pursuant to this license shall
not violate any of the provisions of the City Code of Ordinances pertaining
to noise.
(h)
The license holder shall be responsible for
preventing violations of this chapter.
(i)
No open unroofed area where alcoholic beverages
are served pursuant to this license shall be permitted within 100
feet of land zoned for residential purposes.
(2)
The annual fee for such license shall be the sum of
$1,625.
K.
Class 11 license which shall authorize the retail
sale of alcoholic liquor for consumption on the premises specified
in the license where sold as well as the retail sale of alcoholic
liquor in the original package between the hours of 11:00 a.m. and
1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00
a.m. Friday and Saturday; and 12:00 noon on Sunday and 1:00 a.m. on
Monday, and shall be issued to a regularly organized club, as hereinbefore
defined, which has been established for at least 10 years prior to
making application for such license, and said license shall authorize
the licensee to sell alcoholic liquor in the club quarters. This license
also permits the retail sale of alcoholic liquor from a beverage cart
or refreshment stand on the grounds of the golf club or country club
or at a patio adjacent to the clubhouse/restaurant. No Class 11 license
shall be issued until the Local Liquor Control Commission and the
Mayor and City Council have satisfied themselves that the club applying
for the license was actually and in fact organized for some purposes
or object other than the sale or consumption of alcoholic liquor.
The annual license fee for a club license as hereinbefore set forth
shall be in the sum of $800.
[Amended 2-17-2009 by Ord. No. 6444; 11-15-2016 by Ord. No. 7312]
L.
Class 12 license which shall authorize the retail sale of alcoholic
liquor for consumption only on the premises specified in the license
where sold. The license shall be issued to a special occasion facility
organized for the purposes of providing banquets, wedding and other
receptions, meetings, parties or other special events upon a contractual
engagement. The special occasion facility may also hold events which
are open to the general public. No Class 12 license shall be issued
until the Local Liquor Control Commission and the Mayor and City Council
have established the hours for operation of the Class 12 license.
No Class 12 license shall be open for business except during the hours
established by this chapter; provided, however, that the Mayor and
City Council may in their discretion extend said hours upon request.
The annual license fee for a special occasion facility as hereinbefore
set forth shall be in the sum of $750.
[Amended 11-15-2016 by Ord. No. 7316]
M.
Class 13 license which shall authorize the sale of
alcoholic liquors on the premises specified in the license in packages
only but not for consumption on the premises where sold between the
hours of 7:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday,
Friday and 7:00 a.m. Saturday and 2:00 am. Sunday and 7:00 a.m. Sunday
and 2:00 a.m. Monday. A Class B type restaurant may be located on
the premises. The annual fee for such a license shall be $625.
[Amended 2-3-2004 by Ord. No. 5744]
N.
Class 14 license which shall authorize the retail
sale of beer and wine for consumption only on the premises specified
in the license where sold between the hours of 11:00 a.m. and 1:00
a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m.
Friday and Saturday; and noon on Sunday and 1:00 a.m. on Monday. A
Class A type restaurant may be located on the premises. The annual
fee for such a license shall be $1,000.
O.
Class 15 license which shall authorize the retail
sale of beer and wine in packages only but not for consumption on
the premises where sold between the hours of 7:00 a.m. and 1:00 a.m.
Monday, Tuesday, Wednesday, Thursday, Friday and 7:00 a.m. Saturday
and 2:00 am. Sunday and 7:00 a.m. Sunday and 2:00 a.m. Monday. A Class
B type restaurant may be located on the premises. Food for consumption
on the premises or which can be taken out shall not be sold by any
Class 15 license holder. The annual fee for such a license shall be
$500.
[Amended 2-3-2004 by Ord. No. 5744]
P.
Class 16 license which shall authorize the retail sale of beer and wine for consumption upon the premises specified in the license where sold. The license shall be issued to not-for-profit corporations qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation requesting the license. No Class 16 license shall be issued until the local Liquor Control Commission and the Mayor and City Council have established a) the location upon the premises where beer and wine is to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter, c) the manner in which the licensee will manage crowd control which shall include, but not be limited to, a requirement that all patrons be required to wear a nontransferable, one use only, disposable wristband identifying them as patrons of the beer and wine area that is subject to the license, and refuse pickup; d) proof of insurance as required by this chapter or the laws of the State of Illinois; e) a list of members of the corporation who will be selling beer and wine at the location pursuant to the license; f) proof of permission from the owner of the premises authorizing the sale of beer and wine during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commission deem appropriate in the case of each particular permit. The license fee for each Class 16 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
Q.
Class 17 license which shall authorize the retail
sale for consumption only on the premises specified in the license
where sold and shall be issued to a congregate care facility within
an independent congregate living complex within a private retirement
community. A separate license shall be issued for each phase of the
congregate living complex, provided that once a license is issued
for a particular phase of a congregate living complex, the license
may be expanded on a phase-by-phase basis upon the filing of a separate
application defining the area to be added to the license issued to
the prior phases of the complex. The determination of the number of
licenses required for each complex shall be determined by the individual
plans submitted to and approved by the City for the development. The
annual fee for such license shall be $1,850 for each phase of the
congregate living complex. No Class 17 license shall be open for business
except during the hours established by this chapter; provided, however,
that the Mayor and City Council may in their discretion extend said
hours upon request.
R.
Class 18 license which shall authorize the retail
sale of alcoholic liquor for consumption on those portions of the
premises of a sports facility approved by the Mayor and City Council
as well as the retail sale of alcoholic liquor in the original package.
The Mayor and City Council shall establish the closing for each portion
of the sports facility for which a Class 18 license is issued. In
taking into account the establishment of the closing hours, the Mayor
and City Council will consider those times during which minors will
be present in each portion of the sports facility covered by the Class
18 license. A Class A or Class B type restaurant may be located on
the premises. The annual fee for such license shall be the sum of
$1,250.
S.
Class 19 License which shall authorize the retail sale of beer, wine and alcoholic liquor drinks for consumption upon the premises specified in the license where sold. The license shall be issued to not-for-profit corporations, including municipal corporations, qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation requesting the license. No Class 19 license shall be issued until the local Liquor Control Commission and the Mayor and City Council have established a) the location upon the premises where the beer, wine and alcoholic liquor drinks are to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter; c) the manner in which the licensee will manage crowd control which shall include, but not be limited to, a requirement that all patrons of the premises where the beer, wine and alcoholic liquor drinks are to be sold be required to wear a nontransferable, one use only, disposable wristband or other means of identification identifying them as patrons of the area that is subject to the license, and refuse pickup; d) proof of insurance as required by this chapter or the laws of the State of Illinois; e) a list of members of the corporation who will be selling beer, wine and alcoholic liquor drinks at the location pursuant to the license; f) proof of permission from the owner of the premises authorizing the sale of beer, wine and alcoholic liquor drinks during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commission deem appropriate in the case of each particular permit. The license fee for each Class 19 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Amended 6-1-1999; 6-15-2004 by Ord. No. 5798]
T.
Class 20 license which shall authorize the retail sale of alcoholic liquor on the premises in packages only but not for consumption on the premises specified in the license where sold. The license shall be issued to not-for-profit corporations or organizations qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation or organization requesting the license. No Class 20 license shall be issued until the local Liquor Control Commissioner and the Mayor and City Council have established: a) the location upon the premises where alcoholic liquor is to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter; c) proof of insurance as required by this chapter or the laws of the State of Illinois; d) a list of members of the corporation who will be selling alcoholic liquor at the location pursuant to the license; e) proof of permission from the owner of the premises authorizing the sale of alcoholic liquor during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commissioner deem appropriate in the case of each particular permit. The license fee for each Class 20 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Added 10-17-2000 by Ord. No. 5341;
amended 11-3-2020 by Ord. No. 7661; 1-5-2021 by Ord. No.
7689]
U.
Class 21 license which shall authorize the retail
sale of alcohol for consumption on the licensed premises where the
major and primary business is that of a cultural/performing arts facility
as defined herein, subject to the following conditions:
[Added 7-17-2001 by Ord. No. 5435; amended 12-16-2008 by Ord. No.
6438; 4-5-2022 by Ord. No. 7794]
(1)
Sale of alcohol shall be limited to regularly scheduled art shows, exhibits, theatrical, musical or live performances, contracted rentals that are not open to the general public and during such other events which may be authorized to take place pursuant to a special use permit granted by the Mayor and City Council or special event permit issued in accordance with Chapter 453 of the City Code.
(2)
The facility may not be promoted as a drinking establishment. Sale
of alcohol shall not be allowed except as permitted pursuant to the
terms of this classification.
(3)
To the extent that events or activities at which the sale and consumption
of alcohol are authorized pursuant to this classification are to take
place upon any open and unroofed areas of the property on which the
licensed premises are located, the licensed premises shall include
not only the interior of any building but also such open and unroofed
areas upon which alcoholic beverages are sold or consumed, provided
that such open and unroofed areas conform to the following:
(a)
The open unroofed areas shall be particularly described by the
license holder and approved by the Liquor Commissioner and shall have
obtained all permits or approvals required by the ordinances of the
City Code, City or other governmental authority.
(b)
Any part of the open unroofed areas not blocked by a building
shall be surrounded by a fence or other barrier approved by the Liquor
Commissioner which shall contain the required number of fire exits.
All fences or other barriers shall comply with the ordinances of the
City regarding vision, clearance and required distances from corners.
(c)
All electrical wiring shall comply with the codes of the City.
(d)
All combustible rubbish shall be stored in a noncombustible
container, and the license holder shall be responsible for keeping
the area in a clean and sightly condition.
(f)
The license holder shall be responsible for preventing violations
of this chapter.
(4)
The fee for such license shall be the sum of $500 effective January
1, 2009.
V.
Class 22 license which shall authorize the retail
sale, on the premises specified, of alcoholic liquor, for consumption,
on the premises as well as the retail sale of alcoholic liquor in
the original package between the hours of 11:00 a.m. and 1:00 a.m.
Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday
and Saturday; and 12:00 p.m. on Sunday and 1:00 a.m. on Monday. The
Mayor and City Council may authorize the license holder to be open
at 10:00 a.m. on Sunday upon the license holder submitting a list
of the dates that it requests the earlier Sunday opening hours to
the Mayor and City Council for approval. A Class A type restaurant
may be located on the premises. For the purposes of this license,
premises shall include not only the interior of any building or structure
but also an open unroofed area immediately contiguous to the building
or structure where alcoholic beverages are served or consumed.
[Added 9-2-2003 by Ord. No. 5695; amended 3-19-2013 by Ord. No. 6915]
(1)
Any open unroofed area in which alcoholic beverages
are served or consumed pursuant to this license shall conform to the
following:
(a)
The open unroofed area shall be particularly
described and adjacent to and operated as a part of the premises licensed
to sell alcoholic liquor on the premises and shall have obtained all
permits or approvals required by the ordinances of the City Code,
City or other governmental authority.
(b)
The open unroofed area shall be no greater than
1/2 the other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum
capacity as defined by the Liquor Commissioner which shall be separately
posted at the entrance to the open unroofed area.
(d)
Except as provided by Subsection V(2) of this
section, any part of the open unroofed area not blocked by a building
shall be surrounded by a fence or other barrier approved by the Liquor
Commissioner which shall contain the required number of fire exits.
All fences or other barriers shall comply with the ordinances of the
City regarding vision, clearance and required distances from corners.
(e)
All electrical wiring shall comply with the
codes of the City.
(f)
All combustible rubbish shall be stored in a
noncombustible container, and the license holder shall be responsible
for keeping the area in a clean and sightly condition.
(g)
The noise emanating from any open unroofed area
where alcoholic beverages are served pursuant to this license shall
not violate any of the provisions of the City Code of Ordinances pertaining
to noise.
(h)
The license holder shall be responsible for
preventing violations of this chapter.
(i)
No open unroofed area where alcoholic beverages
are served pursuant to this license shall be permitted within 100
feet of land zoned for residential purposes.
(2)
The retail sale, on the premises specified, of alcoholic liquor for
consumption on the premises may include the retail sale and consumption
of alcoholic liquor within a tent erected adjacent to the premises
specified, subject to the following conditions:
(a)
Such sale and consumption within a tent shall only be permitted
two times during any calendar year over not more than three consecutive
days per event and only during the hours specified for retail sale
of alcoholic liquor pursuant to this license.
[Amended 8-17-2021 by Ord. No. 7733]
(b)
Such sale and consumption shall only be allowed pursuant to
application made to and approved by the Liquor Commissioner.
(c)
Any application made pursuant to this subsection shall be made
to the Liquor Commissioner not less than 90 days prior to the date
requested for the tent sale.
(d)
All of the conditions applicable to the retail sale and consumption
of alcoholic liquor pursuant to Subsection V(1)(a) through (c) and
(1)(e) through (1)(i) of this section shall be applicable to the retail
sale and consumption of alcoholic liquor pursuant to this Subsection
V(2).
(e)
The Liquor Commissioner may impose such reasonable conditions
and restrictions upon retail sales and consumption of alcoholic liquor
within a tent as may be deemed necessary by the Liquor Commissioner
to assure that such sale and consumption can be conducted in a safe
manner without posing any material risk to patrons of the licensed
premises or others. Such conditions may include mandating a minimum
number of BASSETT-trained personnel to secure the perimeter of the
tent and assure that no patron of the premises attempts to leave the
premises while holding open alcoholic liquor.
(f)
The applicant must provide proof of ownership of the property
on which the tent will be located or provide documentation confirming
the ability to utilize the property for the tent event.
W.
Class 23 license which shall authorize the sale of
alcoholic liquors on the premises specified in the license in packages
only but not for consumption on the premises where sold between the
hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00
a.m. and 11:00 p.m. Friday and Saturday. A Class B type restaurant
may be located on the premises. The annual fee for such a license
shall be $625.
[Added 4-3-2007 by Ord. No. 6186]
X.
Class 24 license which shall authorize the retail
sale, on the premises specified, of alcoholic liquor, for consumption,
on the premises, as well as the retail sale of alcoholic liquors in
the original retail package, between the hours of 7:00 a.m. and 1:00
a.m. Monday, Tuesday, Wednesday, Thursday: 7:00 a.m. and 2:00 a.m.
Friday and Saturday; and 7:00 a.m. on Sunday and 1:00 a.m. on Monday.
A Class A type restaurant may be located on the premises. For the
purposes of this license, premises shall include not only the interior
of any building or structure but also an open unroofed area immediately
contiguous to the building or structure where alcoholic beverages
are served or consumed.
[Added 6-19-2007 by Ord. No. 6222; amended 8-21-2007 by Ord. No.
6242; 4-5-2022 by Ord. No. 7797]
(1)
Any open unroofed area in which alcoholic beverages are served or
consumed pursuant to this license shall conform to the following:
(a)
The open unroofed area shall be particularly described and adjacent
to and operated as a part of the premises licensed to sell alcoholic
liquor on the premises and shall have obtained all permits or approvals
required by the ordinances of the City Code, City or other governmental
authority.
(b)
The open unroofed area shall be no greater than 100% of the
other floor space of the licensed premises.
(c)
The open unroofed area shall have a maximum capacity as defined
by the Liquor Commissioner, which shall be separately posted at the
entrance to the open unroofed area.
(d)
When the open unroofed area is located on private property,
any part of the open unroofed area not blocked by a building shall
be surrounded by a fence or other barrier approved by the Liquor Commissioner,
which shall contain the required number of fire exits. All fences
or other barriers shall comply with the ordinances of the City regarding
vision, clearance and required distances from corners.
(e)
All electrical wiring shall comply with the codes of the City.
(f)
All combustible rubbish shall be stored in a noncombustible
container, and the license holder shall be responsible for keeping
the area in a clean and sightly condition.
(h)
The license holder shall be responsible for preventing violations
of this chapter.
(i)
No open unroofed area where alcoholic beverages are served pursuant
to this license shall be permitted within 100 feet of land zoned for
residential purposes, except as may be approved by the Liquor Commissioner,
subject to such conditions as the Liquor Commissioner may deem necessary
to ensure that sales and consumption can be conducted in a safe manner
and to minimize any impact upon such residentially zoned properties.
(2)
The annual fee for such license shall be the sum of $1,950.
Y.
Class 25 license which shall authorize the retail
sale, on the premises specified, of alcoholic liquor, for consumption
on the premises as well as the retail sale of alcoholic liquor in
the original package between the hours of 7:00 a.m. and 1:00 a.m.
Monday, Tuesday, Wednesday, Thursday; 7:00 a.m. and 2:00 a.m. Friday
and Saturday; and 7:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class
A type restaurant may be located on the premises. The annual fee for
such license shall be the sum of $1,350.
[Added 5-15-2007 by Ord. No. 6202]
Z.
Class 26 license which shall authorize any person having been licensed
as a manufacturer to receive one license for the premises in which
he or she actually conducts such business only for the retail sale
of beer, as well as the retail sale of beer in the original retail
package, manufactured at such premises and only on such premises specified,
between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday
and Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00
noon and 1:00 a.m. Monday. For the purposes of this license, premises
shall include not only the interior of any building or structure but
also an open unroofed area immediately contiguous to the building
or structure where beer is served or consumed.
[Added 12-17-2013 by Ord. No. 6977]
(1)
Any open unroofed area in which beer is served or consumed pursuant
to this license shall conform to the following:
(a)
The open unroofed area shall be particularly described and adjacent
to and operated as a part of the premises licensed to sell beer on
the premises and shall have obtained all permits or approvals required
by the ordinances of the City Code, City or other governmental authority.
(b)
The open unroofed area shall be no greater than 100% of the
interior floor space.
[Amended 4-19-2022 by Ord. No. 7808]
(c)
The open unroofed area shall have a maximum capacity as defined
by the Liquor Commissioner, which shall be separately posted at the
entrance to the open unroofed area.
(d)
Any part of the open unroofed area not blocked by a building
shall be surrounded by a fence or other barrier approved by the Liquor
Commissioner which shall contain the required number of fire exits.
All fences or other barriers shall comply with the ordinances of the
City regarding vision, clearance and required distances from corners.
(e)
All electrical wiring shall comply with the codes of the City.
(f)
All combustible rubbish shall be stored in a noncombustible
container, and the license holder shall be responsible for keeping
the area in a clean and sightly condition.
(h)
The license holder shall be responsible for preventing violations
of this chapter.
(i)
The open unroofed area shall close by 10:00 p.m. Sunday to Thursday
and 11:00 p.m. Friday and Saturday.
[Amended 4-19-2022 by Ord. No. 7808]
(j)
No license shall be issued until the Liquor Control Commissioner
of the City of Crystal Lake is satisfied that the applicant manufacturer
has obtained all federal and State of Illinois licenses required for
the manufacture of beer.
(2)
The annual fee for such a license is $1,150.
(3)
The
retail sale, on the premises specified, of alcoholic liquor for consumption
on the premises may include the retail sale and consumption of alcoholic
liquor within a tent erected adjacent to the premises specified, subject
to the following conditions:
[Added 8-2-2022 by Ord.
No. 7846]
(a)
Such sale and consumption within a tent shall only be permitted two
times during an calendar year over not more than three consecutive
days per event and only during the hours specified for retail sale
of alcoholic liquor pursuant to this license.
(b)
Such sale and consumption shall only be allowed pursuant to application
made to and approved by the Liquor Commissioner.
(c)
Any application made pursuant to this subsection shall be made to
the Liquor Commissioner not less than 90 days prior to the date requested
for the tent sale, except as may otherwise be authorized by the Liquor
Commissioner.
(d)
All of the conditions applicable to the retail sale and consumption
of alcoholic liquor pursuant to Subsection Z(1)(a) through (c) and
Z(1)(e) through (i) of this section shall be applicable to the retail
sale and consumption of alcoholic liquor pursuant to this Subsection
Z(3).
(e)
The Liquor Commissioner may impose such reasonable conditions and
restrictions upon retail sales and consumption of alcoholic liquor
within a tent as may be deemed necessary by the Liquor Commissioner
to assure that such sale and consumption can be conducted in a safe
manner without posing any material risk to patrons of the licensed
premises or others. Such conditions may include mandating a minimum
number of BASSETT-trained personnel to secure the perimeter of the
tent and assure that no patron of the premises attempts to leave the
premises while holding open alcoholic liquor.
(f)
The applicant must provide proof of ownership of the property on
which the tent will be located or provide documentation confirming
the ability to utilize the property for the tent event.
AA.
Class
27 license, which shall authorize the retail sale of alcoholic liquors
in connection with the operation of an off-site catering business
as defined herein, that provides and serves alcoholic liquor in connection
with the catering of foods for catered events and for consumption
only on the premises with the food of the catered event. The sale
of alcoholic liquor shall be incidental to the food service; and if
the catered event does not qualify as a private function, a special
event license shall also be required for the location of the catered
event. The service of alcoholic liquor shall be by employees of the
licensed catering business. The catered event shall not be open to
the general public and shall be limited to the contracting party and
his/her/their invited guests. No alcoholic liquor shall be served
at a single location for more than eight consecutive hours. The licensee
shall provide notice to the Crystal Lake Police Department, at least
24 hours prior to a catered event held in the City of Crystal Lake
corporate limits, of the location of the event and the date and hours
during which the event shall occur. In no occasion shall the event
extend beyond the hours established for a Class 2 license holder.
The annual fee for such license shall be $900.
[Added 6-2-2015 by Ord.
No. 7134]
AB.
Class 28 video gaming supplemental liquor license shall authorize the retail sale of alcoholic liquors, for consumption on the premises, at a bar or restaurant, as defined by § 268-3 of this Code, to an applicant which possesses a valid video gaming location license issued by the Illinois Gaming Board and which also holds, for a period of not less than one year, a current and valid liquor license to sell alcoholic liquor at such bar or restaurant. The one-year requirement set forth in this subsection shall not apply to an owner when each of the following conditions are met: 1) for a period of not less than six months prior to filing of an application for a video gaming license, the owner has operated a full-service restaurant within the premises for which a video gaming license is to be issued, and has held, during that period, a valid and current liquor license for such premises, issued pursuant to this chapter; and 2) the most recent occupant of the premises prior to the owner was a video gaming licensed establishment operated as a full-service restaurant. The issuance of a Class 28 supplemental liquor license shall be strictly subject to the following conditions:
[Added 4-5-2016 by Ord.
No. 7208; amended 6-7-2022 by Ord. No. 7821]
(1)
The holder of a current and valid liquor license shall have
submitted and have approved by the Liquor Commissioner an application
for a Class 28 supplemental liquor license, upon such forms as may
be approved by the Liquor Commissioner; and
(2)
The corporate authorities shall have approved sufficient Class
28 supplemental liquor licenses to allow the applicant to be qualified
for a Class 28 supplemental liquor license; and
(3)
(4)
The applicant for a Class 28 supplemental liquor license shall not have allowed any video gaming terminal to be operated upon the licensed premises unless the applicant possesses a current and valid video gaming license issued in accordance with § 268-3 of this Code; and
(5)
The applicant for the Class 28 supplemental liquor license is in compliance with the requirements of § 268-3 of this Code; and
(7)
The fee for the initial issuance and each annual renewal for
such license shall be $100.
AC.
Class 29 license, which shall authorize the retail sale, on the premises
specified, of alcoholic liquor, for consumption on the premises, as
well as the retail sale of alcoholic liquor in the original package
between the hours of 6:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday,
Thursday; 6:00 a.m. and 2:00 a.m. Friday and Saturday; and 6:00 a.m.
on Sunday and 1:00 a.m. on Monday. A Class B type restaurant may be
located on the premises. For the purposes of this license, premises
shall include not only the interior of any building or structure but
also an open, unroofed area immediately contiguous to the building
or structure where alcoholic beverages are served or consumed.
[Added 1-16-2018 by Ord.
No. 7425]
(1)
Any open, unroofed area in which alcoholic beverages are served
or consumed pursuant to this license shall conform to the following:
(a)
The open, unroofed area shall be particularly described and
adjacent to and operated as a part of the premises licensed to sell
alcoholic liquor on the premises and shall have obtained all permits
or approvals required by the ordinances of the City Code, City or
other governmental authority.
(b)
The open, unroofed area shall be no greater than 1/2 the other
floor space of the licensed premises.
(c)
The open, unroofed area shall have a maximum capacity as defined
by the Liquor Commissioner, which shall be separately posted at the
entrance to the open, unroofed area.
(d)
Any part of the open, unroofed area not blocked by a building
shall be surrounded by a fence or other barrier approved by the Liquor
Commissioner, which shall contain the required number of fire exits.
All fences or other barriers shall comply with the ordinances of the
City regarding vision, clearance and required distances from corners.
(e)
All electrical wiring shall comply with the codes of the City.
(f)
All combustible rubbish shall be stored in a noncombustible
container, and the license holder shall be responsible for keeping
the area in a clean and sightly condition.
(g)
The noise emanating from any open, unroofed area where alcoholic
beverages are served pursuant to this license shall not violate any
of the provisions of the City Code of Ordinances pertaining to noise.
(h)
The license holder shall be responsible for preventing violations
of this chapter.
(i)
No open, unroofed area where alcoholic beverages are served
pursuant to this license shall be permitted within 100 feet of land
zoned for residential purposes.
(2)
The annual fee for such license shall be the sum of $2,000.
AD.
A Class 30 temporary liquor license shall authorize the retail sale of beer, wine and alcoholic liquor for consumption upon the premises and in the original package at an event for which a special event license has been issued by the City pursuant to Chapter 453 of the City Code. No sales pursuant to such license shall be made unless, at the time of such sales, the license holder also holds a special use permit license for sales at such special event issued by the Illinois Liquor Control Commission. A Class 30 temporary liquor license may only be issued to a person or entity that concurrently holds a valid retail liquor license for on -premises sale and consumption of beer, wine and alcoholic liquor and / or sale of beer, wine and alcohol in the original package issued by the Local Liquor Control Commissioner as well as the Illinois Liquor Control Commission. The type of sales allowed by the temporary liquor license shall be limited to the same category of sales as identified in the applicant' s retail liquor license. The license shall be for a period not to exceed three days and shall be issued only for special events which are licensed by the City pursuant to Chapter 453. No Class 30 temporary liquor license shall be issued until the Local Liquor Control Commissioner and the Mayor and City Council have established: a) the location upon the premises where alcoholic liquor is to be sold; b) the hours during which the sale of alcohol may be sold during such special event; c) proof of insurance as required by this chapter or the laws of the State of Illinois; d) proof of permission from the owner of the premises authorizing the sale of alcoholic liquor during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commissioner deem appropriate in the case of each particular permit. The license fee for each Class 30 temporary liquor license as hereinbefore set forth shall be the sum of $100. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Added 6-20-2023 by Ord.
No. 7938]
A.
There shall be no more than the following licenses
in the corporate limits of the City of Crystal Lake at any one time:
[Last amended 6-20-2023 by Ord. No. 7935]
|
Type of License
|
Number of Licenses
|
|---|---|
|
Class 1
|
7
|
|
Class 2
|
3
|
|
Class 3
|
5
|
|
Class 4
|
2
|
|
Class 5
|
1
|
|
Class 6
|
1
|
|
Class 7
|
6
|
|
Class 8
|
6
|
|
Class 9
|
7
|
|
Class 10
|
2
|
|
Class 11
|
1
|
|
Class 12
|
4
|
|
Class 13
|
36
|
|
Class 14
|
6
|
|
Class 15
|
2
|
|
Class 16
|
0
|
|
Class 17
|
1
|
|
Class 18
|
1
|
|
Class 19
|
0
|
|
Class 20
|
0
|
|
Class 21
|
2
|
|
Class 22
|
3
|
|
Class 23
|
1
|
|
Class 24
|
8
|
|
Class 25
|
8
|
|
Class 26
|
1
|
|
Class 27
|
1
|
|
Class 28
|
18
|
|
Class 29
|
1
|
B.
In the event that any person, firm or corporation
holding a local license in the County of McHenry shall be annexed
to the City of Crystal Lake, the City of Crystal Lake shall issue
a license upon annexation of the property to the City of Crystal Lake
in compliance with this chapter regardless of the numerical limitation
on licenses. The license issued shall be of the same type and nature
that was issued by the County of McHenry. Any license issued as a
result of annexation of property to the City of Crystal Lake shall
be considered in computing the number of licenses and limitations
thereon.
C.
Any time a license issued pursuant to this chapter is revoked or
voluntarily surrendered for any reason, the number of authorized licenses
in such classification shall automatically be reduced by one without
any further amendment of this section of this Code.
[Amended 10-6-2020 by Ord. No. 7655]
In no case shall any retail license be issued
for the sale of alcoholic liquor, unless the applicant therefor shall
first give to the City of Crystal Lake a bond payable to the City
of Crystal Lake, which bond shall be in the penal sum of $1,000 for
all classes of nontemporary liquor licenses. Said bond shall be signed
by two good sureties or responsible surety companies, licensed to
do business in the State of Illinois; said bond shall be conditioned
that any such applicant for the license and any and all persons in
his/her employ or such as are under his/her control comply with every
and all resolutions, laws, regulations and ordinances of this City,
in force at the time of the approval of such bond, or that may be
adopted by the City Council during the continuance of such license,
which relate in any manner to the sale of alcoholic beverages, or
for the general good government or the City of Crystal Lake, and said
bond shall be further conditioned that such applicant shall pay or
cause to be paid all fines, penalties and costs which may be legally
imposed upon him/her or imposed upon his/her employee or employees,
servant or servants, agent or agents, or any other person or persons
under his/her control, for any violation or breach of such resolution,
rule, regulation or ordinance aforesaid. In addition to the foregoing
bond, every such applicant for an alcoholic liquor license shall also
file with the City Clerk of the City of Crystal Lake any bonds which
may be required by any act passed by the Legislature of the State
of Illinois or by the Congress of the United States.
No license shall be issued hereunder unless
the applicant shall file with the application a certificate by an
insurance company authorized to do business in the State of Illinois,
certifying that the applicant has in force and effect the insurance
required by Illinois statutes.
All such fees paid to the Liquor Control Commissioner
at time application is made shall be forthwith turned over to the
City Clerk. In the event the license applied for has been denied,
the fee shall be returned to the applicant; if the license is granted,
then the fee shall be deposited in the general corporate fund or in
such other fund as shall have been designated by the Council, by proper
action.
The Liquor Control Commissioner shall keep or
cause to be kept a complete record of all such licenses issued and
shall furnish the Clerk and Director of Finance and Chief of Police
each with a copy thereof, upon the issuance of any new license, or
the revocation of any old license.
[Amended 8-16-2011 by Ord. No. 6693]
A.
The Mayor and the City Council of the City of Crystal Lake hereby
authorize any law enforcing officer of the City of Crystal Lake to
enter at any time upon any premises licensed hereunder to determine
whether any of the provisions of this chapter or whether any of the
rules and regulations adopted by the Mayor and the City Council of
the City of Crystal Lake or the State of Illinois have been or are
being violated and at such time to examine the premises of said licensee
in connection therewith. Further, the Mayor and the City Council of
the City of Crystal Lake authorize any law enforcing officer of the
City of Crystal Lake to receive complaints from any citizen within
the jurisdiction of the City of Crystal Lake that any of the provisions
of this chapter or any rules or regulations adopted pursuant to have
been or are being violated, and to act upon complaints in the matter
provided.
B.
An In-House Controlled Purchase Program ("In-House Controlled Purchase
Program") is a program that allows retail liquor licensees to utilize
the services of persons between 18 yeas of age and 21 years of age
to attempt to purchase alcohol at their licensed establishment for
the purpose of evaluating the licensee's training program regarding
the sale of liquor to persons under 21 years of age. The In-House
Controlled Purchase Program is intended to promote an environment
where the licensee, working in conjunction with the City, demonstrates
support for a program designed to reduce the incidence of underage
consumption of alcohol.
C.
The licensee's In-House Controlled Purchase Program must meet the
requirements of this section and must be approved by the Liquor Commissioner
or Chief of Police of the Crystal Lake Police Department, or their
designees, prior to a licensee or any agent of the licensee engaging
in the In-House Controlled Purchase Program.
D.
Violations of § 158-2 of the Code of the City of Crystal Lake (Alcoholic Beverages - Prohibited conduct; exception; penalty) occurring under an In-House Controlled Purchase Program may not be used for criminal prosecution or administrative action. This section shall not, however, prohibit prosecution of a person under the age of 21 who is participating in an In-House Controlled Purchase Program and who either: 1) consumes any alcohol purchased in connection with such In-House Controlled Purchase Program, and/or 2) removes from the licensed premises any alcohol purchased in connection with an In-House Controlled Purchase Program.
E.
The Illinois Compiled Statutes (235 ILCS 5/1-1 et seq.) Liquor Control Act of 1934 (hereinafter referred to as the "Act" in this chapter), Article VI (General Provisions), 5/6-16.1 (Enforcement Actions), are hereby by reference adopted and also made applicable, in part, to the Code of the City of Crystal Lake § 329-11 (Enforcement) in that a licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on the licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee first provides notice, applies for and is granted a permit as provided in this section to conduct an In-House Controlled Purchase Program, "sting operation" or enforcement action, utilizing underage participants approved by the City of Crystal Lake Police Department. Such notice and application shall be submitted in writing at least seven days before the "sting operation" or enforcement action under the In-House Controlled Purchase Program. Notice provided under this section shall be valid for a "sting operation" or enforcement action conducted under an In-House Controlled Purchase Program within 60 days of such notice.
(1)
The In-House Controlled Purchase Program is under the jurisdiction
of the Liquor Control Commissioner for the City of Crystal Lake. The
Liquor Commissioner may authorize the implementation and ongoing administration
of this program through the Chief of the Police Department or his
designee.
(2)
Every person under the age of 21 years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of 18 and 21 years who are participating in an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and in accordance with any applicable rules adopted thereby. Violations of §§ 158-2A(1), 158-2A(3) and/or 329-19 of the City of Crystal Lake Code of Ordinances for either the sale of alcohol to, or the purchase of alcohol by, a minor pursuant to an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and/or the City of Crystal Lake Police Department may not be used for criminal or administrative prosecution.
(3)
Any licensee that applies for an In-House Controlled Purchase Program
permit shall first provide his or her employees a written description
of the licensee's In-House Controlled Purchase Program. The written
description must include notice of actions that may be taken as a
consequence of an employee's failure to comply with company policies
regarding the sale of alcohol during an In-House Controlled Purchase
Program.
(4)
The In-House Controlled Purchase Program authorized under this section
is for the purposes of training employees, determining licensee/employer
self-compliance and furthering compliance with underage drinking laws.
As a condition of being granted an In-House Controlled Purchase Program
permit, the licensee/employer agrees not to terminate an employee
solely for a first-time failure to comply with company policies regarding
the sale of alcohol during an In-House Controlled Purchase Program
authorized under this section.
F.
A retail liquor licensee may conduct an In-House Controlled Purchase
Program under the following conditions:
(1)
The licensee shall only utilize underage individuals trained and/or
otherwise approved by the Crystal Lake Police Department to conduct
In-House Controlled Purchase Program operations. Such individual shall
be under the direct supervision and watch of a preapproved adult agent
of the licensee at least 21 years of age during the entire In-House
Controlled Purchase Program operation. The licensee must ensure that:
(a)
Persons participating in the In-House Controlled Purchase Program
must be 18 years of age, 19 years of age or 20 years of age at the
time of the In-House Controlled Purchase Program operation;
(b)
The persons participating in the In-House Controlled Purchase
Program may not use fraudulent identification and should not be deceptively
mature in appearance;
(c)
Two photos must be taken of the persons participating in the
In-House Controlled Purchase Program on the same day of any operation.
One photo must be full face and one photo must show the employee from
head to toe. These photos must be maintained on the licensed premises,
available for inspection by the police and/or the Liquor Control Commissioner;
(d)
If persons participating in the In-House Controlled Purchase
Program are paid for their time, there can be no compensation of such
persons based on the number of successful purchases made during the
course of the In-House Controlled Purchase Program;
(e)
No persons participating in the In-House Controlled Purchase Program at any time during the course of a "sting operation" violate any law, ordinance or administrative rule while participating in a controlled purchase action. Violations of §§ 158-2A(1), 158-2A(3) and/or 329-19 of the City of Crystal Lake Code of Ordinances for either the sale of alcohol to, or the purchase of alcohol by, a minor pursuant to an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and/or the City of Crystal Lake Police Department may not be used for criminal or administrative prosecution;
(f)
The licensee has written procedures that ensure any liquor purchased
by an eighteen-, nineteen- or twenty-year-old person during an In-House
Controlled Purchase Program is not consumed by that person and/or
removed from the licensed premises, and that the liquor is adequately
secured by the licensee or an employee who is at least 21 years of
age immediately following an occurrence of any purchase; and
(g)
Any licensee that conducts an In-House Controlled Purchase Program
and determines employees to be in compliance with all applicable laws
and ordinances shall notify such employees that no violation was found
within 30 days after the In-House Controlled Purchase Program operation,
and shall maintain a copy of such notice at the licensed premises,
available for inspection by the police and/or the Liquor Control Commissioner.
(2)
The licensee must keep a statement on file signed by the licensee
and each employee indicating that the employee has received training
regarding the sale of liquor to persons under 21 years of age. Restaurant,
tavern, or sports/entertainment facility licensees must keep on file
either such a statement for each employee or a copy of the employee's
mandatory alcohol server training permit. These records must be maintained
on the licensed premises, available for inspection by the Police Department,
Liquor Commissioner or any designee as approved by the Liquor Commissioner.
(4)
All costs and expenses incident to the licensee's In-House Controlled
Purchase Program shall be borne by the licensee. As an express condition
of the acceptance of a permit to conduct an In-House Controlled Purchase
Program, the licensee thereby agrees to indemnify and hold harmless
the City, its officials, both elected and appointed, its employees
and agents against any loss or liability or damage, including expenses
and costs for bodily or personal injury, and for property damage sustained
by any person or to any property as the result of any In-House Controlled
Purchase Program activities.
(5)
If a licensee's In-House Controlled Purchase Program fails to meet
any of the requirements of this section, the Chief of Police or Liquor
Control Commissioner, or their designees, may revoke the permit to
conduct the In-House Controlled Purchase Program. The licensee may
reapply for approval to conduct In-House Controlled Purchase Programs
not less than one year following such revocation.
A.
A license shall be purely a personal privilege, good
for not to exceed one year after the issuance, provided that this
provision shall not apply to Class 16, 19 and 20 licenses. The one-year
period shall be from the first day of June of each year to the 31st
day of May of each year unless sooner revoked or suspended as in this
chapter provided. The license fee for the first year of the license
period shall be prorated from the month of issuance to the last month
of the first license year. A license shall not constitute property
nor shall it be subject to attachment, garnishment to execution, nor
shall it be alienable or transferable, voluntarily or involuntarily,
or subject to be encumbered or hypothecated. Such license shall not
descend by the laws of testate or intestate devolution, but it shall
cease upon the death of the licensee, provided that the executor or
administrators of the estate of any deceased licensee, and the trustee
of any insolvent or bankrupt licensee, when such estate consists in
part of alcoholic liquor, may continue the business of the sale or
manufacture of alcoholic liquor under order of the appropriate court,
and may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the death of such decedent, or any insolvency or bankruptcy,
until the expiration of such license, but not longer than six months
after the death, bankruptcy or insolvency of such licensees. In no
event shall there be any refund of any portion of any license fee
paid.
[Amended 5-17-2011 by Ord. No. 6668[1]]
[1]
Editor's Note: This ordinance also provided that it shall
be effective retroactively to 5-1-2011.
B.
Any licensee may renew his/her/its license at the
expiration thereof, provided he/she/it is then qualified to receive
a license and the premises for which such renewal license is sought
are suitable for such purpose; and provided, further, that the renewal
privilege herein provided for shall not be construed as a vested right
which shall in any case prevent the Mayor and City Council from decreasing
the number of licenses to be issued within their jurisdiction.
A retail dealer's license shall permit the sale
of alcoholic liquor only in the premises described in the application
and license. Such location may be changed only upon the written permit
to make such change issued by the Mayor and City Council. No change
of location shall be permitted unless the proposed new location is
a proper one for the retail sale of alcoholic liquor under the law
of this state and the ordinances of the City.
It shall be unlawful to peddle beer and alcoholic
liquor in the City.
All premises used for the retail sale of alcoholic
liquor, or for the storage of such liquor for such sale, shall be
kept in a clean and sanitary condition, and shall be kept in full
compliance with the ordinance regulating the condition of premises
used for the storage or sale of food for human consumption.
A.
It shall be unlawful to employ in any premises used
for the retail sale of alcoholic liquor any minor or any person who
is afflicted with, or who is a carrier of any contagious, infectious
or venereal disease; and it shall be unlawful for any person who is
afflicted with or a carrier of any such disease to work in or about
any premises or to engage in any way in the handling, preparation
or distribution of such liquor. For purposes of this section, "minor"
shall mean any person under the age of 18.[1]
[1]
Editor's Note: Former Subsection B, regarding alcohol sales
and servers training certification, which immediately followed this
subsection, was repealed 10-6-2020 by Ord. No. 7655.
[Amended 10-16-2018 by Ord. No. 7501]
No license shall be issued for the sale at retail
of any alcoholic liquor within 100 feet of any church, school other
than an institution of higher learning, hospital, homes for aged,
indigent persons, veterans, their wives or children, or any military
or naval station, provided that this prohibition shall not apply to
hotels offering restaurant service, regularly organized clubs, or
to restaurants, food shops or other places where sale of alcoholic
liquor is not the principal business. This chapter shall not apply
to not-for-profit corporations requesting Class 16 licenses.
[1]
Editor's Note: Former § 329-18, Restricted areas,
was repealed 10-6-2020 by Ord. No. 7655.
[Amended 4020-1999 by Ord. No. 5150]
No licensee under the provision of this chapter
shall sell, give or in any other manner deliver alcoholic liquor to
any minor, intoxicated person, habitual drunkard, spendthrift, insane,
feebleminded or distracted person, or harbor or permit any intoxicated
persons to loiter on the premises described in the license or permit
any conduct which shall tend to disturb the peace or quiet of the
neighborhood or the premises. Any such sale shall be cause for suspension
of the license.
[Amended 12-16-2003 by Ord. No. 5730]
A.
The Mayor and City Council shall establish the closing
for each portion of the sports facility for which a Class 18 license
is issued. In taking into account the establishment of the closing
hours, the Mayor and City Council will consider those times during
which minors will be present in each portion of the sports facility
covered by the Class 18 license. All license holders holding a license
for consumption of alcoholic liquor on the premises may remain open
until 4:00 a.m. on January 1, provided that they notify the Police
Department in writing on or before December 26 of the preceding year.
The Mayor and City Council may extend the closing hour for Class 5
license holders on particular holidays and exceptional occasions,
provided that such requests are submitted to and approved by the Mayor
and City Council at a regular or special meeting of the City Council
prior to the holiday or exceptional occasion. Nothing contained in
this section shall prohibit Class 5 license holders from submitting
a schedule of holidays and exceptional occasions to the Mayor and
City Council at the beginning of the City's fiscal year. The Mayor
and City Council may upon request in their discretion extend the opening
or closing hours for any class license holder for special events or
occasions, provided that such requests are submitted to and approved
by the Mayor and City Council at a regular or special meeting of the
City Council prior to the special event or occasion.
B.
It shall be unlawful to keep open for business or
to admit the public at any premises in or on which alcoholic liquor
is sold at retail during the hours within which the sale of such liquor
is prohibited, provided that, in the case of restaurants, clubs, drugstores,
hotels and other license holders whose main business is other than
the sale of alcoholic liquor, such establishments may be kept open,
but no alcoholic liquor may be sold to or consumed by the public during
the hours prohibited.
In the premises upon which the sale of alcoholic
liquor for consumption upon the premises is licensed (other than as
a restaurant, hotel or club), no screen, blind, curtain, partition,
article or thing shall be permitted in the window or upon the doors
of such licensed premises nor inside such premises, which shall prevent
a clear view into the interior of such licensed premises from the
street, road or sidewalk at all times, and no booth, screen, partition
or other obstruction nor any arrangement of lights or lighting shall
be permitted in or about the interior of such premises from the street,
road or sidewalk. All rooms where liquor is sold for consumption upon
the premises shall be continuously lighted during business hours by
natural light or artificial white light so that all parts of the interior
of the premises shall be clearly visible. In case the view into any
such licensed premises required by the foregoing provisions shall
be willfully obscured by the licensee or by him/her willfully suffered
to be obscured or in any manner obstructed, then such license shall
be subject to revocation in the manner herein provided. In order to
enforce the provisions of this subsection, the Mayor shall have the
right to require the filing with him/her of plans, drawings and photographs
showing the clearance of the views as above required.
[Amended 4-5-2016 by Ord.
No. 7209]
The Liquor Control Commissioner of Crystal Lake may revoke any license at any time it is found that any licensee shall keep, possess, maintain or allow on the premises any gambling devices, bookmaking, betting or any machine used for gambling purposes, as proscribed by 720 ILCS 5/28-1, except for such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
[Amended 12-5-2000 by Ord. No. 5364; 1-21-2014 by Ord. No.
6998]
A.
All hearings shall be conducted before the Liquor Control Commissioner. All hearings conducted before the Liquor Control Commissioner shall be recorded by a certified court reporter or a certified shorthand reporter. The Liquor Control Commissioner of said City may revoke or suspend any license at any time the Commissioner determines that the licensee has violated any provisions of the Liquor Control Act of 1934, Illinois Compiled Statutes Chapter 235, or any provision of this chapter.
B.
The Liquor Control Commissioner of the City shall for a first offense, other than a violation of § 329-22, impose a fine of not more than $1,000. The fine shall be in addition to any other penalty imposed by the Liquor Control Commissioner. If the licensee is convicted of another offense within five years of the conviction for the prior offense, the Liquor Control Commissioner shall impose a fine of not more than $1,500, which shall be in addition to any other penalty imposed by the Liquor Control Commissioner; and for any subsequent convictions of the licensee for offenses committed during the five-year period, the Liquor Control Commissioner shall impose a fine of not more than $2,500, which shall be in addition to any other penalty imposed by the Liquor Control Commissioner. Each day on which a violation continues shall constitute a separate violation, provided that not more than $10,000 in fines may be imposed against any licensee during the period of his/her license.
C.
Except as may be agreed to, pursuant to a stipulated order, no fine
shall be imposed nor shall such license be suspended or revoked except
after a public hearing by said Liquor Commissioner with a three-day
written notice to the licensee affording the licensee the opportunity
to appear and defend. If the Liquor Commissioner or, in his/her absence,
an Assistant Liquor Commissioner, has reason to believe that any continued
operation of a particular licensed premises will immediately threaten
the welfare of the City, he/she may, upon the issuance of a written
order stating the reason for such conclusion and without notice or
hearing, order the licensed premises closed for not more than seven
days, giving the licensee an opportunity to be heard during that period,
except that if such licensee shall also be engaged in the conduct
of another business or businesses on the licensed premises, such order
shall not be applicable to such other business or businesses. The
Liquor Commissioner shall, within five days after such hearing, if
he/she determines after a hearing that the fine should be imposed
or that the license should be suspended or revoked, state the reason
or reasons for such determination in a written order of suspension
or revocation and shall serve a copy of such order within the five
days upon the licensee.
[Amended 10-6-2020 by Ord. No. 7655]
D.
A court reporter shall be required to take the record at all hearings,
and any appeal of the decision of the Liquor Control Commissioner
shall be upon the record taken at the original hearing. It shall be
the responsibility of the person requesting the appeal to pay for
the cost of producing the record of proceedings at the original hearing.
When any license shall have been revoked for
any cause, no license shall be granted to any person for the period
of one year thereafter for the conduct of the business of manufacturing,
distributing or selling alcoholic liquor in the premises described
in such revoked license.
Any five residents of said City shall have the
right to file a complaint with the Liquor Control Commissioner stating
that any licensee, subject to the jurisdiction of the Commissioner
has been or is violating the provisions of this chapter. Such complaint
shall be in writing and shall be signed and sworn to by the parties
complaining. The complaint shall state the particular provision believed
to have been violated and the facts in detail upon which belief is
based. If the Commissioner is satisfied that the complaint substantially
charges a violation and that from the facts alleged there is reasonable
cause for such belief, he/she shall set the matter for hearing and
shall serve notice upon the licensee of the time and place of such
hearing and of the particular charge in the complaint.
Every act or omission of whatsoever nature constituting
a violation of any of the provisions of this chapter by any officer,
director, manager or other agent or employee of any licensee shall
be deemed and held to be the act of such employer or licensee, and
said employer or licensee shall be punishable in the same manner as
if said act or omission had been done or omitted by him/her personally.
[Amended 7-20-1999]
The Mayor of the City of Crystal Lake shall
act as Liquor Control Commissioner of the City of Crystal Lake. The
City Manager of said City shall also be designated as Assistant Liquor
Control Commissioner, and he/she shall act as Liquor Control Commissioner
in the absence of the Mayor of said City. The Mayor or City Manager
shall constitute a quorum for purposes of holding any hearing as provided
for by this chapter.
[Added 10-6-2020 by Ord.
No. 7655[1]]
If the licensee to which a license has been issued discontinues
operations at the premises described in the application and license
for a period of 60 consecutive days, (except as hereafter set forth),
or whenever there is evidence of a clear intent of the licensee to
abandon the premises, said license shall be subject to revocation.
If said discontinued operation is due to fire or other such damage
wherein the Building Commissioner deems the premises uninhabitable,
said sixty-day period shall be tolled only until occupancy is granted
by the Building Commissioner.
[Amended 2-20-2007 by Ord. No. 6161]
Any person, firm or corporation violating the
provisions of this chapter may suffer the penalty of having his/her
license revoked for any such violation. Revocation shall be in writing
signed by the Mayor.
