It shall be unlawful to sell or offer for retail
sale within the corporate limits of the City of Lexington any alcoholic
liquor without having a retailer's license or in violation of the
terms of such license.
A retailer's license shall allow the licensee
to sell or offer for sale alcoholic liquor, at retail only and not
for resale in any form, on the premises specified in said license
in accordance with the classification of said license as hereinafter
provided.
It shall be unlawful for any person, partnership
or corporation to peddle alcoholic liquor within the corporate limits
of the City of Lexington.
A location may be changed only upon written
permit to make such change issued by the Local Liquor Control Commissioner.
No license shall be issued for sale at retail
of any alcoholic liquor at a location prohibited by 235 ILCS, Article
VI.
Any license granted shall not be subject to
attachment, garnishment or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, or subject to being encumbered
or the subject matter of any lien. 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 executors 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 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 such insolvency or bankruptcy until the expiration
of such license but no longer than six months after the death, insolvency
or bankruptcy of such licensee. A refund shall be made of that portion
of the license fees paid for any period in which the licensee shall
be prevented from operation under such license in accordance with
the provisions of this section.
Class A, B, and C licenses shall expire at 12:00
midnight on the 30th day of April next following its issuance. Class
D licenses shall be issued for one day only, such day to be specified
on the face of the license.
No license of any kind issued by the Local Liquor
Control Commissioner shall be issued to:
A.
A person who is not a resident of the City of Lexington.
B.
A person who is not of good character and reputation
in the community in which he/she resides.
C.
A person who is not a citizen of the United States.
D.
A person who has been convicted of a felony under
any federal or state law, if the Local Liquor Control Commissioner
determines, after investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust.
E.
A person who has been convicted of being the keeper
or is keeping a house of ill fame.
F.
A person who has been convicted of pandering or other
crime or misdemeanor opposed to decency and morality.
G.
A person whose license to sell alcoholic liquor in
the City of Lexington has been revoked for cause.
H.
A person 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 copartnership, if any general partnership thereof,
or any limited partnership thereof, owning more than 5% of the aggregate
limited partner interest in such copartnership would not be eligible
to receive a license hereunder for any reason other than residence
within the City of Lexington.
J.
A corporation or limited-liability company, if any
officer, manager or director thereof, or any stockholder or stockholders
owning in the aggregate more than 5% of the stock of such corporation,
would not be eligible to receive a license hereunder for any reason
other than citizenship and residence within the City of Lexington.[1]
K.
L.
A person whose place of business is conducted by a
manager or agent unless the manager or agent possesses the same qualifications
required by the licensee.
M.
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 has forfeited his/her bond to appear
in court to answer charges for any such violation.
N.
A person who does not beneficially own the premises
for which license is sought, or does not have a lease thereon for
the full period for which the license is to be issued.
O.
Any person, partnership or corporation if the applicant,
or any partner, director or officer, is a law enforcing public official
of the City of Lexington, including, but not limited to, the Mayor
and any Alderman, except as provided in 235 ILCS 5/6-3, Subsection
(14).[5]
P.
A person who is not a beneficial owner of the business
to be operated by the licensee.
Q.
A person who has been convicted of a gambling offense as prescribed by any of Subsections (a)(3) through (a)(10) of Section 28-1[6] of, or as proscribed by Section 28-3[7] of, the Criminal Code of 1961, approved July 28, 1961,
as heretofore or hereafter amended, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
R.
A person to whom a federal wagering stamp has been
issued by the federal government for the current tax period.[8]
S.
Any person, partnership, incorporated or unincorporated
association, or any combination of individuals owning or conducting
any business allowing or permitting any type of adult entertainment
such as:
[Added 11-22-1999 by Ord. No. 1999-9]
(1)
The showing or display of any adult movie rated at
or above an X rating.
(2)
Allowing any person to remove his or her clothing
for the purpose of entertainment.
(3)
Offering for sale or viewing purposes any type of
pornography that includes a person engaged in any deviant sexual act.
(4)
Allowing any type of suggestive or erotic dancing
that is primarily intended for adult entertainment or to appeal to
the prurient interest of the audience.
(5)
Performing any sexual act for the purpose of adult
entertainment or to appeal to the prurient interest.
Retail liquor licenses shall be divided into
six classes as follows:
A.
Class A license: Class A licenses shall authorize
the retail sale of alcoholic beverages as defined in this chapter
on the premises specified for consumption on such premises as well
as other retail sales of such alcoholic beverages.
B.
Class B license: Class B licenses shall authorize
the retail sale of beer or wine as defined in this chapter on the
premises specified for consumption on such premises as well as other
retail sales of such beer or wine.
C.
Class C license: Class C licenses shall authorize
the sale of alcoholic beverages as defined in this chapter on the
premises specified in packages or original containers unopened, at
retail, not to be consumed on such premises where sold.
D.
Class D license: Class D licenses shall authorize
the retail sale of beer or wine as defined in this chapter on the
premises specified for consumption on such premises in connection
with a one-day special event held by a nonprofit organization. Such
licenses shall be issued only to said nonprofit organization.[1]
E.
Class E license: Class E licenses shall authorize
the sale of alcoholic beverages as defined in this chapter on the
premises specified for consumption on such premises in connection
with a one day special event held by a private party, and the holder
of such Class E license shall have previously obtained a Class A license
pursuant to this chapter which would allow such licensee to transport
alcoholic beverages from its premises to the premises specified in
the Class E license for such one-day special event.
F.
Class F license: Class F licenses shall authorize the holder to provide catering services. The annual license fee for such license shall be as set forth in Chapter 63, Fees. The City of Lexington will recognize catering licenses issued in McLean County, but only to the extent that those communities recognize catering licenses issued by the City of Lexington.[2]
[Added 2-14-2005 by Ord. No. 2005-2]
[Added 7-20-2009 by Ord. No. 2009-3; amended 6-14-2010 by Ord. No. 2010-4; 2-14-2022 by Ord. No. 2022-1]
A.
Outdoor
gardens. The Local Liquor Control Commissioner may issue a license
which authorizes the sale and consumption of alcoholic beverages in
an outdoor garden, subject to all of the following terms and conditions:
(1)
For
purposes of this section, an outdoor garden is an area generally open
and subject to the direct influence of the outdoor environment.
(2)
Only the current holder of a Class A liquor license under this Chapter 5 may apply for and receive a license to establish and operate an outdoor garden, which must be located immediately adjacent to a totally enclosed permanent structure which is the site of a dram shop lawfully operating under such Class A liquor license.
(3)
All applicants for a license to operate an outdoor garden shall submit to the Liquor Control Commissioner a written application which accurately and completely describes the proposed outdoor garden, its proposed hours of operation and any other pertinent information, along with plans, specifications and drawings which demonstrate that the proposed outdoor garden will comply with the terms and conditions of this § 5-16 and with any other applicable provisions of local, state or federal law.
(4)
The
area of an outdoor garden shall be considered to be a portion of the
immediately adjacent dram shop operated by the holder of the underlying
Class A liquor license for purposes of establishing any applicable
parking requirements.
(5)
An outdoor
garden shall be constructed, maintained and operated in accordance
with the descriptions, conditions, plans, specifications and drawings
submitted with the application for the license to construct and operate
the outdoor garden.
(6)
A minimum
of two exits shall exist from the designated outdoor area only one
of which is to be through the building attached or directly adjacent
thereto.
(7)
The
number of seats allowed in an outdoor garden shall be limited to the
number that is equal to the square footage of the outdoor garden divided
by 36.
(8)
An outdoor
garden shall be enclosed by a visual boundary setting the outdoor
garden apart from surrounding property where alcoholic liquor cannot
be consumed or taken. A sign shall be clearly posted prohibiting alcoholic
beverages beyond the boundary of the outdoor garden.
(9)
No alcoholic
beverages may be served or consumed within an outdoor garden except
between the hours of 12:00 noon and 10:00 p.m. Sunday through Saturday.
(10)
An
outdoor garden shall not be accessible to any portion of the building
to which it is adjacent other than that portion of the building used
as a location for a dram shop by the holder of the underlying Class
A liquor license.
(11)
The
Liquor Control Commissioner may, as a condition to issuance of a license
to operate an outdoor garden, restrict or prohibit the use of sound-amplifying
devices within the outdoor garden; provided that such restrictions
are noted on the license issued by the Liquor Control Commissioner
authorizing the operation of the outdoor garden.
(13)
An
outdoor garden is a place of employment within the meaning of the
Smoke Free Illinois Act.[2] Accordingly, smoking is prohibited within the confines
of an outdoor garden to the same extent as smoking is prohibited within
the attached totally enclosed permanent structure from which the licensee
operates a dram shop under authority of the qualifying Class A liquor
license.
[2]
Editor's Note: See 410 ILCS 82/1 et seq.
(14)
A
license authorizing the operation of an outdoor garden does not authorize
the sale or consumption of alcoholic beverages at any location other
than within the confines of the outdoor garden or within the confines
of the attached totally enclosed permanent structure from the licensee
operating the qualifying Class A liquor license.
(15)
It
is unlawful for any person to transfer, pass or deliver alcoholic
beverage from a location within an outdoor garden through or over
a fence, wall or other barricade to a person located outside of the
outdoor garden.
B.
Sale on
City right-of-way. The Local Liquor Control Commissioner may issue
a license which authorizes the sale and consumption of alcoholic beverages
on the City right-of-way, subject to all of the following terms and
conditions:
(1)
For
purposes of this section, "City right-of-way" is a sidewalk located
in the B-1 District.
(2)
Only the holders of Class A liquor licenses under this Chapter 5 may apply for and receive a license for outdoor sales and consumption of alcoholic beverages on the City right-of-way pursuant to this section. In addition to all other requirements pursuant to this chapter, the following requirements shall be met:
(a)
Meet all of the requirements and criteria required for licenses for outdoor gardens in § 5-16A as if applicable to the sidewalk area.
(b)
The annual license fee for sidewalk sales shall be the same as the annual license fee for an outdoor garden license as set forth in Chapter 63, Fees, and the license shall be subject to expiration and renewal on the same terms as its companion Class A liquor license.
(c)
The
licensee shall be responsible to see that no customers, employees,
or other persons remove alcoholic liquor and beverages from the designated
outdoor sidewalk, except for the employee carrying alcoholic liquor
directly between the establishment and the sidewalk area.
(d)
The
licensee shall be responsible to see that no person is served or consumes
alcoholic liquor in the designated outdoor sidewalk unless seated
in the seating which has been provided in the designated outdoor sidewalk.
[Amended 2-14-2005 by Ord. No. 2005-2[1]]
The annual fees for licenses shall be as set forth in Chapter 63, Fees.
A.
New applications or renewal applications for such
license shall be made in writing by the applicant to the City Clerk,
Lexington, Illinois, accompanied by the required license fee in cash,
check or money order; the City Clerk shall then refer applications
for Class A, B, C and D licenses to the Local Liquor Control Commissioner
and shall transfer the license fee in the same manner as all license
fees received in his/her office. Renewal applications shall be submitted
to the City Clerk no later than 15 days prior to the expiration of
the license to be renewed.
B.
An application for a Class E license shall be made
in writing by the applicant to the Local Liquor Control Commissioner
and shall pay the appropriate license fee. Such application for a
Class E license shall be signed by the duly authorized agent of the
applicant. The application shall contain the following:
[Amended 2-14-2005 by Ord. No. 2005-2]
A.
An applicant for any class of license from the local
Liquor Control Commissioner shall submit to the Local Liquor Control
Commissioner, or his/her designee, an application in writing under
oath stating:
(1)
The applicant's name and mailing address.
(2)
The name and address of the applicant's business.
(3)
If applicable, the date of the filing of the "assumed
name" of the business with the County Clerk.
(4)
In case of a copartnership, the date of the formation
of the partnership; in the case of an Illinois corporation, the date
of its incorporation; or in the case of a foreign corporation, the
state where it was incorporated and the date of its becoming qualified
under the Business Corporation Act of 1983[1] to transact business in the State of Illinois.
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
(5)
The number, the date of issuance and the date of expiration
of the applicant's current local retail liquor license.
(6)
The name and address of the landlord if the premises
are leased.
(7)
The date of the applicant's first request for a state
liquor license and whether it was granted, denied or withdrawn.
(8)
The address of the applicant when the first application
for a state liquor license was made.
(9)
The applicant's current state liquor license number.
(10)
The date the applicant began liquor sales at his/her
place of business.
(11)
The applicant's retailer's occupation tax (ROT) registration
number.
(13)
Whether the applicant has made an application for
a liquor license which has been denied, and, if so, the reasons therefor.
(14)
Whether the applicant has ever had any previous liquor
license suspended or revoked, and, if so, the reasons therefor.
(15)
Whether the applicant has ever been convicted of a
gambling offense or felony, and, if so, the particulars thereof.
(16)
Whether the applicant possesses a current federal
wagering stamp, and, if so, the reasons therefor.
(17)
Whether the applicant, or any other person directly
in his/her place of business, is a public official, and, if so, the
particulars thereof.
(18)
The applicant's name, sex, date of birth, social security
number, position and percentage of ownership in the business; and
the name, sex, date of birth, social security number, position and
percentage of ownership in the business of every sole owner, partner,
corporate officer, director, manager and any person who owns 5% or
more of the shares of the applicant business entity or parent corporations
of the applicant business entity.
B.
In addition to the foregoing information, such application
shall contain such other and further information as the Local Liquor
Control Commissioner may, by rule or regulation not inconsistent with
law, prescribe.
C.
If the applicant reports a felony conviction, such
conviction may be considered by the Local Liquor Control Commissioner
in determining qualifications for licensing, but shall not operate
as a bar to licensing.
D.
If said application is made in behalf of a partnership,
firm, association, club or corporation, then the same shall be signed
by at least two members of such partnership or the president and secretary
of such corporation or two authorized agents of said partnership or
corporation.
A.
Applications for a Class D license under the terms
of this chapter shall be signed by the duly authorized agent(s) of
the applicant.
B.
The application shall contain the following:
(1)
Name, address and telephone number of the nonprofit
organization making the application.
(2)
Names, addresses and titles of all officers and directors
of said organization.
(3)
Type of event, date and hours of event, location of
event and legal description of premises for which license is required.
[Added 2-14-2005 by Ord. No. 2005-2[1]]
A.
All Class F holders must obtain an event permit from the Liquor Control Commissioner or his/her designee prior to engaging in catering services. The event permit must be applied for at the Lexington City Hall City Collector's Office at least 24 hours before the event, together with the payment of a registration fee as set forth in Chapter 63, Fees. The following information shall be supplied: location of the event, estimated number in attendance, name of person or organization sponsoring the event, proof of dram shop insurance for premises, and how the consumption of alcoholic beverages by minors will be controlled.
B.
The Class F license holder will immediately cease
the sale and service of alcohol at an event if the City of Lexington
Police Department informs the license holder that a violation of any
of the following has occurred at an event:
C.
An event permit may be denied for any of the following
reasons:
(1)
Required information is missing; or
(2)
The application is not timely filed; or
(3)
A prior event sponsored by the individual or organization
sponsoring this event violated City ordinances, state statutes or
regulations, or caused a disturbance; or
(4)
A prior event by this Class F license holder violated
City ordinances, or state statutes or regulations.
D.
In the event that an event permit is denied, the City
Collector shall immediately notify the applicant of the denial. The
applicant may request a hearing on the denial, which shall be held
in front of the Liquor Control Commissioner or his/her designee as
soon as practical after the demand for the hearing.
All applications shall have attached thereto
a certification of insurance issued by an insurance carrier authorized
to do business within the State of Illinois insuring the business
under the Dram Shop Laws of the State of Illinois. Such insurance
coverage shall be for the full term of the license for which application
is made.
At any time during the pendency of an application,
the Local Liquor Control Commissioner shall have the right to compel
the applicant to submit to any examination and to produce any books
and records which, in the judgment of the Local Liquor Control Commissioner,
are material to the determination of whether the applicant is qualified
to receive a license under the provisions of this chapter or whether
the premises sought to be licensed are suitable for such purposes.
The Local Liquor Control Commissioner shall also have the right to
require the applicant to answer any charges made in any objection
to the issuance of the license or made by the Chief of Police. The
failure of any applicant to appear at the time and place fixed by
the Local Liquor Control Commissioner for his/her examination or to
produce books and records requested, unless for good cause shown,
shall be deemed to be an admission that the applicant is not qualified
to receive a license.
[Amended 2-14-2005 by Ord. No. 2005-2]
Each applicant for any class of license issued
hereunder shall execute a penal bond to the City of Lexington in the
sum of $2,000 with two sureties thereon who are residents of Lexington,
Illinois and who are acceptable to the Local Liquor Control Commissioner,
or his/her designee, or with a surety company licensed to do business
in the State of Illinois. Such bond shall be for the full term of
the license for which application is made. The Local Liquor Control
Commissioner or his/her designee shall consider the bond and shall
have the right to disapprove the bond.
Said bond shall be filed with the City Clerk
at the same time application is presented and shall be referred by
the City Clerk to the Local Liquor Control Commissioner with the application.
Said bond shall be conditioned upon the faithful
observance by the licensee of this chapter and provisions of all liquor
laws of the State of Illinois and all laws of the United States of
America applying to the sale, transportation and possession of alcoholic
beverages. Said bond shall be further conditioned upon the payment
by the person, partnership or corporation bonded to any person or
persons entitled to damages as a result of any sale, occurrence, transaction
or injury which arises from the operation of the business for which
the license hereto applies.
A new bond shall be presented yearly at the
time of the application for a renewal of any license under the terms
of this chapter.
If a licensee shall be convicted of the violation
of any of the provisions of this chapter, or his/her license shall
be revoked and no appeal is taken from said order of revocation or
any appeal taken therefrom is decided adversely to the licensee, said
bond (if one is required) shall thereupon be forfeited.
Every licensee shall cause his/her license or
licenses to be framed and hung in plain view in a conspicuous place
on the licensed premises.
