[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-9-1991 by Ord. No. 92-7]
Pursuant to the authority granted in 235 ILCS
5/6-15, alcoholic liquor may be delivered, but not sold, in the following
buildings under the control of the Village of Williamsville, Williamsville,
Illinois:
Any person who shall violate the provisions of this article
shall be punished in accordance with 235 ILCS 5/10-1.
[Adopted 6-4-2001 by Ord. No. 2002-02]
The following guidelines shall be placed in
effect regarding the sale of package liquor, liquor licenses and alcoholic
beverages.
This article shall be liberally construed to
the end that the health, safety and welfare of the people of the Village
of Williamsville may thereby be protected and to the end that temperance
in the consumption of alcoholic liquors may be encouraged and fostered
by judicious and careful regulation and control of the sale and distribution
of alcoholic liquors.
[Amended 5-27-2008 by Ord. No. 2008-05]
A.
Except as provided for herein in Subsection C hereinafter, all words
and phrases used in this article and defined in the Illinois Liquor
Control Act (235 ILCS 5/1-1 et seq.), enacted January 31, 1934, and
in effect July 1, 1934, shall have the same meaning herein as they
have in the Act.
B.
The words "the Village," as used in this article, shall be taken
to mean and include all territory within the geographical limits of
the Village of Williamsville, Sangamon County, State of Illinois.
C.
"Restaurant" shall be defined as any public place kept, used, maintained,
advertised, and held out to the public as a place where meals are
served, and where meals are actually and regularly served, without
sleeping accommodations, such space being provided with adequate and
sanitary kitchen and dining room equipment and capacity and having
employed therein a sufficient number and kind of employees to prepare,
cook and serve suitable food for its guests. Any business claiming
to be a restaurant must document, on demand of the Liquor Commissioner,
that 60% or more of its gross receipts during the past three months
is derived from the sale of food as distinguished from alcoholic liquor.
During the first three months of operation, the business must document,
on demand of the Liquor Commissioner, that 60% or more of its gross
receipts is derived from the sale of food as distinguished from alcoholic
liquor for each month.
The Village President shall be the local Liquor
Control Commissioner of the Village and shall act as such.
The Liquor Control Commissioner of the Village
shall have the following powers and duties:
A.
To grant or suspend, for not more than 30 days, or
to revoke for cause all local licenses issued to persons, firms or
corporations subject to his jurisdiction.
B.
To enter, or to authorize any inspector, law enforcement
officer or peace officer to enter, at any time, upon any premises
licensed hereunder for the purpose of determining whether any of the
provisions of this article have been or are being violated and to
inspect or examine such premises at the time of entry thereon.
C.
To require that all licensed premises be maintained
and operated in a sanitary condition and in compliance with all applicable
laws, ordinances, rules and regulations, and require any additional
security or enforcement to assure compliance with all applicable rules,
regulations and ordinances of the Village and the State of Illinois;
to assure the public safety, welfare and best interests of people
of the Village; to determine the environmental and economic impact
of the area surrounding the licensed premises; and to enforce such
ordinances against any public nuisance.
D.
To require that any licensee secure and file with
his office a certificate of approval showing compliance with all applicable
rules or regulations of the Health Department of the county and a
certificate of approval from the building and zoning officials of
the Village, showing compliance with all applicable ordinances, rules
and regulations.
E.
To require each licensee dispensing draught beer to
have coils and other equipment used in drawing draught beer cleaned
at least once each week by either chemical or mechanical means approved
by the Health Department of the county, and to prohibit the use of
such cleaning by steam or hot water alone.
F.
To require each licensee to be responsible for the
person or persons cleaning coils and that said person or persons maintain
a written record of the dates on which said coils were cleaned.
G.
To receive complaints from any citizen regarding violations
of any of the provisions of this article or of the Illinois Liquor
Control Act or complaints regarding any other applicable laws, ordinances,
rules or regulations concerning violations thereof and to act upon
such complaints as herein provided.
H.
To receive all local license fees and to pay the same
forthwith to the Village Treasurer.
I.
To serve notice of hearing upon any licensee to consider
suspension or revocation of a license under circumstances which involve
repeated reports by law enforcement officers of violations of the
law upon the premises (real estate) adjacent to and surrounding the
structure in which alcoholic liquors are served, pursuant to a license
issued in compliance with this article and which violations consist
of any offensive language or loud music, affrays, assaults and other
breaches of the peace amounting to a nuisance.
J.
To examine or cause to be examined, under oath, any
applicant for a license or for a renewal thereof or any licensee upon
whom a notice of revocation or suspension has been served and to examine
or cause to be examined the books and records of any such applicant
or licensee. The Commissioner, in conducting such examination, may
hear testimony and receive proof for his information in the performance
of his duties and, in connection with such examination, may issue
subpoenas which shall be effective in any part of the State of Illinois.
In conducting such examinations, the Liquor Commissioner may authorize
his agent to act on his behalf.
K.
To appoint a person or persons to assist him in the
exercise of the powers and performance of the duties provided for
by the Liquor Commissioner, including but not limited to appointment
of members to a Williamsville Liquor Commission.
A.
For purposes of this article, the movement of a business
from one location to a second location shall constitute a transfer.
The sale or disposition of a business by the licensee to a person
who will continue the business on the same location shall constitute
a waiver.
B.
After a license has been granted for a particular
premises, the Commissioner, upon proper showing, may permit the licensee
to abandon the premises therein described and to move his place of
business to other premises approved by the Commissioner. However,
in order to obtain a hearing on the matter the licensee shall make
written application to the Commissioner and pay a hearing fee as set
forth in Chapter 155, Fees. The application shall contain proof that
notice of application was served upon the owner of the original premises.
The applicant has the burden of showing that the premises to which
removal is to be made complies, in all respects, with the provisions
of all applicable ordinances and regulations pertaining to zoning,
health and safety. Upon receipt of such request the Commissioner will
conduct a hearing to inquire into and receive evidence bearing upon
the question of removal to other premises. No person may transfer
a license to a new location unless they have continuously operated
the current licensed premises for at least two years.[1]
A.
No person shall sell or permit the sale, use or consumption
of any alcoholic liquors in the Village without first having obtained
a license to sell such liquors in each location, place or premises
wherein it is proposed by a prospective licensee to sell such liquors.
B.
Except as otherwise provided in § 111-10I
herein, cabarets, night clubs, dance halls and places in which entertainment
is provided and which are not part of a premises licensed hereunder
are prohibited from allowing patrons to bring upon the premises alcoholic
beverages to be there served or consumed by said patrons.
C.
Where two or more locations, places or premises are
under the same roof, or are located at one street address, a separate
license shall be obtained for each such location, place or premises,
unless all rooms in which it is intended to serve alcoholic liquors
are directly connected or are adjacent to and accessible to each other
without leaving the building. Each licensee shall define with certainty
the room or rooms in which liquor is to be sold. The provision contained
in this subsection shall not apply to locations, places or premises
for which a Class F license or Class G license is required, is sought
or has been issued. In such cases, the Class F or G license shall
be sufficient for all such locations, places or premises so situated
or any part thereof.
D.
No person licensed to sell liquor under any license
issued by the Liquor Commissioner shall be permitted to sell, give
away or otherwise dispose of alcoholic liquor at any place other than
the place specifically described in his license, whether such place
be in the same building or not, provided that nothing herein contained
shall be so construed as to prevent any hotel operator or motel operator
licensed under this article from serving alcoholic liquor to registered
guests of the hotel or motel in any room or part of the hotel or motel.
However, such liquor so served shall be kept in and served from a
licensed location, place or room in said hotel or motel. The foregoing
provisions shall apply only to hotels and motels conducted and maintained
as such.
No person shall sell, barter, transport, deliver,
furnish or possess any alcoholic liquor for beverage purposes, except
as specifically provided in 235 ILCS 5/1-1 et seq. (Liquor Control
Act of January 31, 1934), as amended, and the provisions of this article.
A.
No licensee under this article, nor any officer, associate,
member, representative, agent or employee of such licensee shall sell,
give or deliver alcoholic liquor to any person under the age of 21
years or to any intoxicated person or to any person known by him to
be a habitual drunkard or an insane or mentally ill or mentally deficient
person.
B.
Any person to whom the sale, gift or delivery of any
alcoholic liquor is prohibited because of age shall not purchase or
accept a gift of such alcoholic liquor, nor shall such person have
alcoholic liquor in his possession.
C.
If a licensee or his agents or employees believe,
or have reason to believe, that a sale or delivery of any alcoholic
liquor is prohibited because of the age of the prospective recipient,
he or such agents or employees shall, before making such sale or delivery,
demand presentation of some form of positive identification, showing
proof of age, which identification has been issued by a public officer
in the performance of his official duties.
D.
Misrepresentation of age.
(1)
Any person under the age of 21 years who misrepresents
his or her age for the purpose of purchasing or obtaining any alcoholic
beverage, in any place where such beverage is sold, shall, upon conviction
thereof, be subject to a fine of not less than $50 nor more than $1,000.
(2)
In accordance with 235 ILCS 5/6-16, any person found
guilty of any of the foregoing acts shall, upon conviction thereof,
be fined not less than $500 and perform at least 25 hours of community
service. If possible, any community service shall be performed for
an alcohol abuse prevention program.[1]
E.
No person shall operate or attempt to operate any
premises for the sale of alcoholic beverages for which the license
has been revoked, for any cause, for the period of one year after
such revocation.
F.
Any person found guilty of selling or delivering alcoholic
liquor to any person under the age of 21 years or to any intoxicated
person known by him to be a habitual drunkard or insane or mentally
ill shall be fined not less than $50 nor more than $1,000.
G.
Nothing in this article shall prohibit the issuance
of a license to a church or private school to sell at retail alcoholic
liquor, provided that such sales are limited to periods when groups
are assembled on the premises solely for the promotion of some common
object other than the sale of alcoholic liquors.
H.
No licensee, nor any officer, associate, member representative,
agent or employee of such licensee shall permit anyone to carry, possess
or discharge any firearm, stun gun, laser or other deadly weapon on
or about said licensed premises or grounds thereon, except that the
owner or licensed manager, with a valid firearm permit, may keep such
firearm on said premises.
I.
Nothing
in this article shall prohibit a person of the age of 21 years or
older from consuming wine within a duly licensed restaurant having
seating for 40 persons or more, which wine was furnished by the patron
to be consumed by him with a meal purchased from said restaurant and,
if and only if, said restaurant's management permits said patron or
patrons to provide such wine.
A.
Application
for a license or for renewal of a currently existing license hereunder
shall be made to the Liquor Control Commission, in writing, under
oath, signed by the applicant, if an individual, or by the duly authorized
agent thereof, if a club, corporation or unit of local government,
and shall include the following information and statements:
(1)
The name, age, last three residence addresses and
social security number of the applicant. In the case of a partnership,
the application must contain the names, ages and last three residence
addresses and social security number of each partner. If a corporate
license is sought, the application must contain the name of the corporation,
the date of the incorporation, the articles of incorporation and the
names and addresses and social security numbers of all officers and
directors. If 50% or more of the stock of such corporation is owned
by one person, or his nominee, the name and address and social security
number of each such person shall be set forth in the application.
(2)
In the case of an individual, the application must
contain his place of birth and, if the application is a naturalized
citizen, then the date and place of naturalization must be shown.
(3)
The capital investment which the applicant intends
to make in the business of selling liquor at retail upon receipt of
a license.
(4)
The location, address and legal description of the
premises to be licensed. If the premises are leased, the application
shall attach a copy of the lease to the license application.
(5)
A statement whether the applicant has made any other
application in Illinois for a liquor license and what disposition,
if any, was made of such application and a statement that the applicant
will not violate any of the laws of the state or of the United States,
and that the applicant will not violate any of the ordinances of the
Village.
(6)
A statement whether or not applicant was ever convicted
of a felony or misdemeanor.
B.
The applicant, and in the case of a corporation, all
officers and persons owning in the aggregate more than 5% of the stock
of the corporate applicant shall be fingerprinted in accordance with
235 ILCS 5/4-7.[1]
C.
The applicant, or applicants, shall obtain a certificate
of approval from both the Health Department and the Building and Zoning
Department of the Village or county (if the county is administering
the building and zoning ordinances of the Village) and shall file
such approval in the office of the Liquor Commissioner with any application
for a license.
A.
For licenses issued after the effective date of this
article, the original or renewal application for a Class C, D, F or
G license shall be accompanied with proof of completion of a state-certified
Beverage Alcoholic Sellers and Servers Education Training Program
(BASSET), for all persons who serve or sell alcoholic beverages pursuant
to that license.
B.
For licenses issued after the effective date of this
article, the original or renewal application for the Class C, D, F,
or G license shall be accompanied with proof of completion of a state-certified
Beverage Alcoholic Sellers and Servers Education Training Program
(BASSET), for the managers of the license.
C.
After the passage date of this article, new employees
or managers of a license who are required to complete the BASSET training
shall, within 90 days from the beginning of their employment with
that license, complete the BASSET program and shall, until completion
of the BASSET program, work under the direct supervision of a person
who has completed the BASSET program. Said ninety-day period may be
extended by the Commissioner upon a showing of good cause.
D.
A photocopy of the certificate of completion of the
BASSET program must be filed with the office of the Village Clerk
and maintained in the manager's office on the premises of the licensee.
No license shall be issued to:
A.
Any person who is not of good character and reputation
in the community in which he resides or does business.
B.
Any applicant who is not a resident of the State of
Illinois, except that in cases of a corporate nonresident licensee,
the premises must be managed by a resident of the State of Illinois.
Said manager must be present on the premises at least 40 hours per
week. Anything in this subsection to the contrary notwithstanding,
persons or corporations holding valid liquor licenses issued by the
county prior to the adoption of this article (former licenses) shall
be exempted from the residency requirements of the County Liquor Control
Ordinance in effect on the date of the effective date of this article
shall prevail; provided, however, that the local residency requirements
of this subsection shall prevail under any one or more of the following
circumstances:
(1)
The former license is not renewed under the other
provisions of this article.
(2)
The former license is renewed under this article but
is later revoked or not renewed for cause.
(3)
A holder of the former license who renews his license
under this article attempts to sell or otherwise transfers the so
licensed business to a person who does not qualify under the provisions
of this article including the local residency requirement.
(4)
A corporate holder of the former license attempts
to transfer or suffer a transfer of controlling interest in such corporation
without a resident manager as required in the first sentence of Subsection
B.
(5)
A partnership holding a former license admits a new
partner, suffers a dissolution of the partnership or permits a transfer
of any portion of a partner's interest in the partnership to a person,
corporation or firm which is not a partner as of the effective date
of this article.
C.
A person who has been convicted of a felony under
any federal or state law.
D.
An applicant who has been convicted of being the keeper
of or who is keeping a house of ill fame.
E.
An application who has been convicted of pandering
or other crimes or misdemeanors opposed to decency and morality.
F.
An applicant whose license issued under the Illinois
Liquor Control Act has been revoked for cause.
G.
An application who, at the time of application for
renewal of any license issued or revoked, would not be eligible for
license upon first application, except as otherwise provided in Subsection
B of this section.
H.
A partnership or joint venture, unless all of the
members of such partnership or joint venture shall be qualified for
a license.
I.
A corporation, if any officer, manager or director
thereof, or any stockholder or stockholders owning any shares or portions
of shares of corporation stock, would not be eligible to receive a
license hereunder for any reason other than citizenship and residence
within the county.
J.
A corporation, unless it is incorporated in Illinois,
or unless it is a foreign corporation which is qualified under this
Illinois Business Corporation Act to transact business in Illinois.
K.
A person whose place of business is conducted by a
manager or agent unless the manager or agent posses the same qualifications
required of the licensee, and such manager shall reside within the
State of Illinois, except as otherwise provided in Subsection B of
this section.
L.
A person who has been convicted of a violation of
any federal or state law concerning the manufacture, possession or
sale of alcoholic liquor, or who has forfeited his bond to appear
in court to answer charges for any such violation.
M.
A person who does not beneficially own the premises
for which a license is sought, or does not have a lease thereon or
other contract permitting him or her to operate a portion of the licensed
premises, for the full period for which the license is to be issued.
N.
The Village President, Clerk, members of the Board
of Trustees, Police Department employees and Treasurer.
O.
A person who is not a beneficial owner of the business
to be operated by the licensee.
P.
A person who has been convicted of a gambling offense,
as prescribed by 720 ILCS 5/28-1 and 5/28-3 of the Criminal Code of
1961, approved July 28, 1961, as heretofore or hereafter amended,
or as prescribed by a statute replaced by any of the aforesaid statutory
provisions.
Q.
A person to whom a federal gaming device stamp or
a federal wagering stamp has been issued by the federal government
for the current tax period.
R.
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, or if any of the partners have been issued
a federal gaming device stamp or federal wagering stamp by the federal
government for the current tax period.
S.
A corporation, if any officer, manager or director
thereof, or any stockholder owning, in the aggregate, more than 20%
of the stock of such corporation, has been issued a federal gaming
device stamp or a federal wagering stamp for the current tax period.
T.
Any premises for which a federal gaming device stamp
or a federal wagering stamp has been issued by the federal government
for the current tax period.
U.
Any person, firm, association or corporation not eligible
for a state retained liquor license.
V.
Any person who owns or is an employee of a manufacturer
or distributor of alcoholic liquors.
W.
Any person for whom the premises for which the license
is sought has had a liquor license revoked within the one year of
the date of application.
X.
Any person or firm who has not paid the appropriate
fees required by this article on the dates specified, or for failure
to pay the amusement license fee for amusement devices located on
the licensed premises.
Y.
A person who is legally indebted to the state or Village
for payment of other fees, charges, bills or taxes which have remained
unpaid for more than 60 days.
Every license shall terminate on the 30th day
of June following its issuance, except Class E and Class E(1) licenses
issued for a limited time.
All licenses shall be granted subject to the
following regulations, and by the act of acceptance of a license to
sell alcoholic liquors at retail, all licensees agree:
A.
To operate the licensed premises in compliance with
all applicable statutes and ordinances and all applicable zoning,
building, fire, health, and other regulations of the village, county
and state.
B.
To see that the premises are, at all times, kept free
of all persons under 21 years of age who are not escorted by a parent
or legal guardian. However, this restriction does not prohibit the
serving of food to persons under 21 years of age in a dining room
on the premises separated from any bar for the serving of alcoholic
liquors. This subsection shall not apply to holders of a Class C,
F or G liquor license.
C.
That any false or untrue statement contained in the
application for license or at license hearing or any violations of
the terms and conditions of the application or of any of the statutes,
ordinances, rules, and regulations hereof shall be cause for revocation
or suspension of the license by the Liquor Control Commissioner as
is provided in the Liquor Control Act (235 ILCS 5/1-1 et seq. as amended).
D.
Not to employ any persons under 16 years of age, nor
to employ any persons under the age of 21 years for the purpose of
drawing, pouring, mixing, of any alcoholic liquor. However, a person
less than 21 years of age, but at least 18 years of age, may serve
or deliver alcoholic liquor when in the presence of and under the
direct supervision and control of an employee 21 years of age or older.
A Class A, B, or F license holder may not employ a person under 21
years of age for the purpose of selling packaged liquor.[1]
E.
Not to employ any waitress or waiter under 18 years
of age.
F.
Not to permit the following conduct on licensed premises:
(1)
Performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation, or
other sexual act.
(2)
The actual or simulated touching, caressing or fondling
of the breasts, buttocks, pubic hair, anus or genitals.
(3)
The actual or simulated display of the breasts, buttocks,
pubic hair, anus, vulva or genitals.
(4)
Permitting any person to remain upon licensed premises
who exposes to public view any portion of his or her breasts, buttocks,
genitals, vulva, or anus.
G.
To operate licensed premises so that assaults, fights
and disorderly conduct do not occur on or about the licensed premises.
H.
Hours and days of sale.
(1)
Persons holding Class A or B licenses may sell, permit
to be sold, give away or allow to be consumed, alcoholic beverages
on Sunday through Saturday (inclusive) of a particular week between
the hours of 7:00 a.m. and 1:00 a.m. the following morning.
(2)
Persons holding Class C, D, E, E(1), F, or G licenses
may sell, permit to be sold, give away or allow to be consumed, alcoholic
beverages on Monday through Saturday (inclusive) of a particular week
between the hours of 7:00 a.m. and 1:00 a.m. the following morning
and on Sunday from noon (12:00 p.m.) and 1:00 a.m. the following morning.
(3)
No persons holding any class of license shall be permitted
to sell, give away or allow to be consumed any alcoholic beverage
between the hours of 1:00 a.m. and 7:00 a.m. on any day of a particular
week.
I.
To show evidence, satisfactory to the Commissioner,
of the issuance of a policy of liquor liability insurance (dram shop)
and insuring against liability for any injury or death on account
of acts of negligence, omission or violating the Liquor Control Act.
Said policy shall carry a minimum of $50,000 per person and $100,000
per occurrence for injury or death and $50,000 for loss of means of
support. Each licensee shall furnish the Commissioner a certificate
of such insurance and, in the event of cancellation, notify the Commissioner
immediately of such cancellation.
J.
To comply with any and all reasonable requests of
the Liquor Commissioner.
A.
Class A license, which shall only permit the retail
sale of alcoholic liquor in the original packages only, but not for
consumption on the premises where sold. The annual fee for such license
shall be as set forth in Chapter 155, Fees.
B.
Class B license, which shall only permit the retail
sale of beer and wine in original packages only, but not for consumption
on the premises where sold. The annual fee for such license shall
be as set forth in Chapter 155, Fees.
C.
Class C license, which shall authorize the retail
sale by restaurants of alcoholic liquor, by the drink or pitcher,
for consumption on the premises. The annual fee for such license shall
be as set forth in Chapter 155, Fees.
D.
Class D license, which shall authorize the retail
sale of alcoholic liquor, by the drink or pitcher, for consumption
on the premises where sold. The annual fee for such license shall
be as set forth in Chapter 155, Fees.
E.
Class E license, which shall authorize a twenty-four-hour
permit to sell, deal and traffic in alcoholic liquor only on the premises
so licensed. In addition, the fee for the Class E permit shall be
as set forth in Chapter 155, Fees. Class E permits shall be available
only to not-for-profit organizations registered with the State of
Illinois, political organizations or for any other group or organization
that, for good cause shown to the Liquor Commissioner, would qualify.
An unlimited number of Class E permits may be issued, but no organization
shall be granted more than three permits during the calendar year
without permission from the Liquor Commissioner.
F.
Class E(1) license, which shall authorize a twenty-four-hour
permit to sell, deal and traffic in alcoholic liquor only on the premises
so licensed. In addition, the fee for the Class E(1) permit shall
be as set forth in Chapter 155, Fees. Class E(1) permits shall be
available only to for-profit organizations registered with the State
of Illinois, political organizations or for any other group or organization
that, for good cause shown to the Liquor Commissioner, would qualify.
An unlimited number of Class E(1) permits may be issued, but no organization
shall be granted more than three permits during the calendar year
without permission from the Liquor Commissioner.
G.
Class F. A Class F license shall entitle the licensee
to sell alcoholic beverages at retail, by the drink or pitcher or
in the original package, by a golf course/club house, for consumption
in the club house and on the golf course. The license shall only be
available for premises defined as a golf course/clubhouse which has
a minimum of 20 total acres. The annual fee for such license shall
be as set forth in Chapter 155, Fees.
H.
Class G. A Class G license shall entitle the licensee
to sell alcoholic liquor to registered guests of the hotel, or special
invited guests attending a special event sponsored by the hotel, for
consumption on the premises where sold. The license shall only be
available for premises defined as a "hotel" in Chapter 320, Zoning.
If the hotel has a lounge, as defined herein, it shall be unlawful
for any person under 21 years of age to be present in said lounge
after 9:00 p.m. or at the time when live or recorded musical entertainment
(with the exception of jukeboxes) commences, whichever is earlier,
and otherwise in accordance with other sections of this article. The
annual fee for such license shall be as set forth in Chapter 155,
Fees.
Not more than the following licenses for the
following-described classes shall be issued and outstanding at any
one time, which limitation shall be as follows:
The Liquor Commissioner shall keep, or cause
to be kept, a complete record of all licenses issued by him under
this article, and shall furnish the Village Clerk with copies thereof.
Upon the issuance of any new license, or the revocation of any old
license, the Commissioner shall give written notice of such action
to the Clerk within 48 hours. The Liquor Commissioner shall report
to the Village Board all of his acts in the enforcement of this article
and, in regard to the collection of liquor license fees, the date
collected and the date the fees were turned over to the Treasurer
whenever such a report is requested by the Village Board.
A license issued under this article shall be
purely a personal privilege and shall expire on the next June 30 following
the issuance thereof and shall not constitute property, nor shall
it be subject to attachment, garnishment or 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 shall cease upon
the death of the licensee.
Any licensee may apply for renewal of his license
at the expiration thereof; provided, however, that he is then qualified
as for an original application, and provided that the premises for
which such renewal of license is sought is in compliance with all
applicable laws. The right to file an application for renewal of a
license hereunder shall not be construed to create any vested interest
or right in an applicant. An application for renewal of a license
hereunder shall not prevent the Village from decreasing the number
of licenses which may be issued.
A.
All fees for licenses issued under this article shall
be delivered to the Liquor Control Commissioner on or before July
1 of the year for which such license is to be issued. For the period
of July 2 through July 31, a license may only be renewed by payment
of the original fee and a penalty of $50 per day. This penalty shall
commence July 2 and accrue until the Liquor Commissioner has actual
receipt of the fee, including the day of actual receipt, but in no
event after July 31. Where a license application, license fee and
respective penalty are not received on or before July 31, in the discretion
of the Liquor Commissioner, such application for renewal may be denied.
If the license application is granted, the fee shall be deposited
in the general corporate fund of the Village. If the application for
license is denied, the fee shall be returned to the applicant.
B.
If the license renewal fee plus applicable penalties
are not paid by July 31 of the license year, then the late payment
penalty shall increase to $75 per day from August 1 to August 15.
If the license renewal fee and all applicable penalties are not paid
on or before August 15, then the license shall conclusively be deemed
abandoned by the license holder, and the number of liquor licenses
available in the class of licenses to which this abandoned license
belonged shall be deemed increased by the number of abandoned licenses.[1]
All changes in partnerships, officers, directors
or persons holding, directly or beneficially, more than 5% of the
stock or ownership interest or in managers of establishments licensed
under this article shall be reported, in writing, to the Liquor Control
Commissioner within 10 days of the change. All such personnel shall
comply with all applicable requirements of this article. All such
changes in personnel shall be subject to review or hearing by the
Liquor Control Commissioner, in his discretion.
A.
When a license has been issued to a partnership and
a change of ownership occurs, resulting in the creation of a partnership
interest in a person who is not eligible to receive a liquor license,
such license is thereby terminated.
B.
When a license has been issued to a corporation and
a change takes place as to officers or directors or of shareholders
holding more than 5% of the stock in the corporations, or in the manager
or, if a change takes place by the transfer of shares to one who is
not eligible for a license, such license shall thereby terminate.
C.
When a license has been issued to an individual who
becomes ineligible to receive a license, the license theretofore issued
to such individual shall thereby terminate.
D.
In the case of a license issued to a corporation or
partnership, the transfer of more than 30% of the ownership interest
of the original stockholders or original members of the partnership
to a person or persons with no ownership interest in the corporation
or partnership at the time of the transfer, such transfer or transfers
shall constitute the basis for a new license application, and the
initial license fee shall then be payable.
E.
Any licensee who ceases to do business, for whatever
reason, or who closes his place of business or has his place of business
closed, for whatever reason, for a period in excess of 45 days should
notify the Commissioner in writing of the same. The licensee may be
required by the Liquor Commissioner, after receipt of notice of a
hearing, to show cause why the license for such establishment should
not be terminated.
If a licensee shall sell or dispose of his business
during the period of the license, he may waive his right as a licensee
in writing to the Liquor Control Commissioner. The person to whom
the business is being sold may make application for a new license
and deliver to the Liquor Control Commissioner with such application
a check in payment of the initial license fee. However, in the case
of a sale or disposition of a business by a security agreement whereby
the buyer receives legal title to the premises and/or business only
after complete performance of the respective sales agreement, and
the buyer defaults in performance thereby enabling the secured party
to retain legal title to the premises and/or business, the secured
party can apply for a liquor license for the premises directly from
the Commissioner without an intermediate waiver under this section.
The foregoing exception shall apply only to a secured party who previously
held the license and is eligible for a license under this article.
Under this circumstance the secured party must establish to the satisfaction
of the Liquor Commissioner that the secured party is legally entitled
to repossess himself of the business and/or premises.
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, home for aged or
indigent persons or for veterans, their spouses or children, or any
military reservation or naval station, provided that this prohibition
shall not apply to hotels or motels offering restaurant services,
regularly organized clubs, or to restaurants, food shops, or other
places where sale of alcoholic liquors is not the principal business
carried on, if such place of business so exempted shall have been
established for such purposes prior to the taking effect of Ill. Rev.
Stat., 1987, Ch. 43, paragraph 127, and provided that such prohibition
shall not apply to renewal of a license for the sale at retail of
alcoholic liquor on premises within 100 feet of any church or school
where such church or school has been established within such 100 feet
since the issuance of the original license, in the case of the church,
the distance of 100 feet shall be measured to the nearest part of
any building used for worship services or educational programs and
not to property boundaries.
All licenses issued under this article shall
be displayed in plain view in a conspicuous place within the licensed
premises.
Whenever this article requires a hearing before
the Liquor Control Commissioner acts affirmatively concerning a license
or licensee, the licensee shall be afforded reasonable notice of such
hearing. Such notice shall state:
A.
The time, place, and nature of the hearing.
B.
A statement of the legal authority and jurisdiction
under which the hearing is to be held.
C.
A reference to the particular sections of the ordinances
involved.
D.
A statement informing the licensee of his ability
to respond by presenting evidence and argument.
A.
B.
Where a licensee has received the requisite notice
under this article and fails to appear at a hearing, the Commissioner
may act ex parte. The Liquor Commissioner may also have informal hearings
where the liquor license will not be affirmatively acted on at such
hearing.
Any decision, order, or determination rendered
by the Commissioner which affects the rights, duties, or privileges
of a licensee shall be in writing and shall notify the licensee personally
or by registered or certified mail of the decision accordance with
235 ILCS 5/7-9.
Any entry authorized by this article onto premises
licensed under this article shall be accomplished without a breach
of the peace.
Compliance with any or all of the provisions
of this article concerning procedure may be waived by written stipulation
of all parties.
A.
A request for a continuance of any hearing in any
matter before the Commissioner will not be allowed by the Commissioner
unless for good and valid reason in writing and unless made at least
two days prior to the date set for hearing. Lack of or unavailability
of legal counsel is not, in and of itself, good cause for a continuation.
B.
The Commissioner may, in its discretion, grant a continuance
if extenuating and unusual circumstances are presented in support
of the request for continuance.
Any appeal taken from a decision of the Commissioner
shall be reviewed on the record taken by and prepared by a certified
court reporter or certified shorthand reporter in accordance with
235 ILCS 5/7-5.
[Amended 2-19-2002 by Ord. No. 2002-11]
Any person violating any provision of this chapter
shall be fined not less than $300 nor more than $1,000 for each offense,
and every day that such violation is continued shall constitute a
separate and distinct offense. In addition thereto, the Liquor Control
Commissioner may suspend for not more than 30 days or revoke any license
issued by him if he determines that the licensee has violated any
of the provisions of this article or any provision of the Illinois
Liquor Control Act (235 ILCS 5/1-1 et seq.), and when a 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 selling alcoholic liquors in the premises described in
such revoked license.
