[Amended 5-16-2024]
It shall be unlawful to sell or offer for retail
sale in the territory in the County outside of the limits of any incorporated
city, towns or village any alcoholic beverage without having a license
issued by the McLean County Liquor Control Commission, or in violation
of the terms of such license. A State of Illinois license is also
required pursuant to the Liquor Control Act of 1934 (235 ILCS 5/1-1
et seq.), and licensees shall abide by all conditions imposed by the
Illinois Liquor Control Commission.
[Added 12-21-1993]
Set-up establishments as defined in this chapter
are prohibited in McLean County outside the limits of any incorporated
city, town or village, and it shall be unlawful for any person acting
as a principal, proprietor, agent, servant or employee to operate
a set-up establishment.
[Amended 6-17-1986]
A retailer's license shall allow the licensee
to sell or offer for sale alcoholic beverages, at retail only and
not for resale in any form, on the premises in accordance with the
classification of said license as hereinafter provided.
[Amended 2-17-2015]
It shall be unlawful for any person, partnership
or corporation to peddle alcoholic beverages in the County outside
of the corporate limits of any city, town or village.
[Amended 2-17-2015]
The location of an establishment licensed to
sell or offer for sale alcoholic beverages may be changed only upon
written permit to make such changes issued by the Commission.
[Amended 8-16-2005]
No license shall be issued for sale at retail
of any alcoholic beverage at a location prohibited by 235 ILCS 5/6-11.
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
for the subject matter in 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
beverages, may continue the business of the sale of alcoholic beverages
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 the 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.
[Amended 8-16-2005; 9-21-2010; 2-17-2015]
Class A, B, C and G licenses shall expire at
12:00 midnight on the 30th day of June, next following their issuance.
Class E and F licenses shall be issued for one day only, such day
to be specified on the face of the license.
No license under the terms of this chapter shall
be issued to:
A. A person who is not of good character and reputation
in the community in which he resides.
B. A person whose license to sell alcoholic beverages
in this County has been revoked for cause.
C. 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.
D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license, under the provisions of Subsections
A through
C of this section.
E. A corporation or limited-liability company, if any officer, manager or director thereof, or any holder or owner of 51% of the stock or other securities of the corporation, would not be eligible to receive a license hereunder the provisions of Subsections
A through
G of this section for any reason other than citizenship and residence with this County.
[Amended 2-17-2015]
F. A person, partnership or corporation whose place of
business is conducted by a manager or agent unless said manager or
agent possesses the same qualifications as required of the licensee.
G. A person who has been convicted of a violation of
any federal or state law concerning the manufacture, possession or
sale of alcoholic beverages, or who has forfeited his bond to appear
in court to answer charges for any such violation.
[Amended 2-17-2015]
H. A person, partnership or corporation who or which
does not own the premises for which a license is sought or who or
which does not have a lease thereon for the premises for which the
license is to be issued, except for Class E licenses.
I. Any person, partnership or corporation if the applicant
or any partner, director or officer is a law-enforcing public official
or member of a County board.
J. Any person, partnership, or corporation not eligible
for a state retail liquor dealer's license.
[Amended 6-17-1986; 8-16-2005; 9-21-2010; 10-18-2011]
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.
E. Class E license. Class E licenses shall authorize
the retail sale of beer or wine as defined in this chapter on the
site specified for consumption on such site in connection with a one-day
special event held by a nonprofit organization. Such licenses shall
be issued only to said nonprofit organization.
F. Class
F license. Class F licenses shall authorize the retail sale of alcoholic
beverages as defined in this chapter on a specified date and site
for consumption on such site on such date in connection with a one-day
private social function, including but not limited to a wedding, birthday
party, retirement party, reception following a religious event, graduation
party, family and/or school reunion, attendance at which is by invitation
only and does not require purchase of a ticket or payment of a fee
for admission to the function. Such licenses shall be issued only
to holders of current Class A or B licenses issued by McLean County
or holders of comparable licenses issued by any town, city, or village,
and shall only authorize the holder to sell the type of alcoholic
beverages authorized by the holder's McLean County, town, city, or
village license. There shall be a separate license required for each
function, and there will be no more than 12 licenses issued to any
one license holder during any calendar year.
[Amended 5-16-2024]
G. Class G license. Class G licenses shall authorize
the retail sale of alcoholic beverages in outdoor gardens as defined
in this chapter for consumption in the outdoor gardens. Class G licenses
may only be issued to holders of Class A or B licenses.
A. The annual fees for licenses shall be as set forth in Chapter
205, Fees.
[Amended 11-17-1992; 8-16-2005; 9-21-2010; 10-18-2011; 2-17-2015]
B. Such fees shall be payable at the time the application
is filed and shall be returned to the applicant in the event that
the application is denied or withdrawn.
[Amended 5-16-2024]
C. Fees for licenses issued for a term of less than a
full license year shall be reduced in proportion to the full calendar
months which have elapsed in the license year.
[Amended 5-16-2024]
D. In the event that a change to a higher classification
of license is granted for a term of less than a full license year,
an additional fee shall be required in the amount of the difference
in annual fee between the applicable licenses reduced in proportion
to the full calendar months which have elapsed in the license year.
[Amended 5-16-2024]
[Amended 8-16-2005; 9-21-2010; 2-17-2015; 5-16-2024]
License applications shall be processed by the County Clerk. The County Clerk shall then refer complete applications for Class A, B, C, and G licenses to the Commission and complete applications for Class E and F licenses to the Liquor Control Commissioner. The County Clerk shall transfer the license fees in the same manner as all license fees received in the Clerk's office. The County Clerk's fee and license fees shall be as set forth in Chapter
205, Fees, and shall be submitted with the application.
[Amended 10-18-2011; 2-17-2015; 5-16-2024]
Applications for a Class A, B, or C license
under the terms of this chapter shall be signed by the applicant,
if an individual, or partners, if a partnership, or by a duly authorized
agent of the corporation, if a corporation; and all signatures thereon
shall be verified. Renewal applications shall be submitted to the
County Clerk no later than 30 days prior to the expiration of the
license. The application shall contain the following:
A. A statement whether the applicant has applied for
a liquor license on the same or other premises which has been either
denied, suspended, or revoked, and the date and place of such revocation,
suspension, or denial, with the reasons therefore.
B. The date and place of any conviction of crime of the
applicant or, if a corporation, the date and place of any conviction
of crime of any agent or shareholder of said corporation owning a
majority of the stock.
C. A statement that the applicant is completely familiar with the terms and provisions of this chapter and also with Chapter
216, Food Service.
D. A statement that the applicant is not disqualified
from receiving a liquor license by reason of any provisions of the
laws of the State of Illinois.
E. Certificate of insurance issued by an insurance carrier
authorized to do business with the State of Illinois insuring the
business under the Dram Shop laws of the State of Illinois, said certificate
reflecting insurance coverage in amounts of not less than the Dram
Shop liability limits established by the State of Illinois Comptroller
as adjusted each year pursuant to 235 ILCS 5/6-21(a). Such insurance
coverage shall be for the full term of the license for which application
is made.
F. The names of the persons or person who will manage
the business or be the agent of the applicant in supervising the business
operation.
G. The names of any public office held by the applicant;
and partner, if a partnership; officers, directors and majority stockholders,
if a corporation.
H. A statement
that the applicant will apply to the Illinois Liquor Control Commission
for a state liquor license immediately after receiving their McLean
County liquor license, pursuant to the Liquor Control Act of 1934
(235 ILCS 5/1-1 et seq.). Additionally, if denied or otherwise unable
to obtain a state license, the applicant will immediately notify the
McLean County Liquor Control Commissioner.
[Amended 11-17-1992; 10-18-2011; 5-16-2024]
Applications for a Class E license under the terms of this chapter
shall be signed by the duly authorized agent(s) of the applicant.
The application shall be submitted to the McLean County Clerk no later
than 14 days prior to the date of the scheduled event.
A. The application shall contain the following:
(1) Name, address and telephone number of nonprofit organization
making application.
(2) Names, addresses and titles of all officers and directors
of said organization.
(3) Type of event, date and hours of event, and common
description of the location for which license is requested.
(4) The information required in Subsections
A,
C,
D,
E, and
H of §
160-19 of this chapter.
B. If the application is approved and the license is
issued, the McLean County Clerk shall promptly notify the McLean County
Sheriff in writing of the issuance of the Class E license. Such notice
shall include a copy of said license.
[Added 9-21-2010; amended 10-18-2011; 5-16-2024]
Applications for Class F licenses under the terms of this chapter
shall be signed by the duly authorized agent(s) of the applicant.
The application shall be submitted to the McLean County Clerk no later
than 14 days prior to the date of the scheduled function.
A. The application
shall contain the following:
(1) Name,
address and telephone number of the license holder making the application,
name under which the license holder does business, and address and
telephone number of the premises for which the holder has a license.
(2) Type
of function, date and hours of function, and common description of
the location for which a license is requested.
(3) The information required in Subsections
A,
C,
D,
E, and
H §
160-19 of this chapter.
(4) If
the applicant does not hold a Class A or B license issued by McLean
County, a copy of their current comparable license issued by another
town, city, or village, with an affidavit stating that the applicant
has not been cited for any violations of liquor control ordinances
of the issuing city, town, or village within the past 12 months preceding
the application.
(5) The
applicant's Illinois Liquor Control Commission license number.
B. If the
application is approved and the license is issued, the McLean County
Clerk shall promptly notify the McLean County Sheriff in writing of
the issuance of the Class F license. Such notice shall include a copy
of said license.
[Added 8-16-2005; amended 2-17-2015; 5-16-2024]
Applications for a Class G license shall be
filed with the application for a Class A or B license under the terms
of this chapter and shall contain the following:
A. A statement that the applicant is applying for a Class
A or B license in addition to a Class G license.
B. A statement whether the applicant has ever had an
application or liquor license for the same or another outdoor garden
denied, suspended or revoked, and if so, the date and place of such
revocation, suspension, or denial, with the reasons therefore.
C. A statement that the applicant is completely familiar with the terms and provisions of Chapter
216, Food Service, and Chapter
350, Zoning, of the McLean County Code.
D. A statement that the applicant understands and agrees
that the holder of a Class G license shall be the same person or entity
that is the holder of a Class A or B license for premises immediately
adjacent to the outdoor garden.
E. A statement that the applicant understands and agrees
that before a Class G license may be issued, site plans, construction
or remodeling plans, operational plans or other information and documentation
may be requested for review and approval by the McLean County Health
Department and McLean County Building and Zoning Department.
F. A statement that the applicant understands and agrees that before a Class G license may be issued, the applicant must comply with Chapter
350, Zoning, including, if required, applying for and obtaining a special use permit from the McLean County Board after hearings are conducted by the McLean County Zoning Board of Appeals, and a construction permit from the Building and Zoning Department.
G. A statement that the applicant understands and agrees
that the McLean County Liquor Control Commission may require stipulations
prior to issuance of. a Class G license, such as the erection of fences,
walls, or similar barricades, restrictions or prohibitions regarding
the use of sound-amplifying devices, and conditions to minimize the
impact on parking, vehicular traffic, and pedestrian traffic.
H. An approval letter provided by the McLean County Health Department indicating that applicant' s proposed outdoor garden meets the requirements of Chapter
216, Food Service. For renewal applications, this requirement is waived unless the Liquor Control Commission or Health. Department require an updated letter.
I. Copies of a special use permit and a construction
permit issued by the McLean County Building and Zoning Department
after hearings have been conducted by the McLean County Zoning Board
of Appeals and final approval has been given by the McLean County
Board for the proposed outdoor garden. For renewal applications, this
requirement is waived unless the Liquor Control Commission or Building
and Zoning Department require updated permits.
[Amended 2-17-2015; 5-16-2024]
Each applicant for a Class A, B or C license
hereunder shall execute a penal bond to the County of McLean and the
State of Illinois in the sum of $2,000.00, with two sureties thereon
who are residents of McLean County, Illinois, and who are acceptable
to the Commission, 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 the application is made. The Commission shall
consider the bond and shall have the right to disapprove the bond.
Said bond shall be filed with the County Clerk
of McLean County at the same time the application is presented and
shall be referred by the County Clerk to the Commission with the application.
Said bond shall be conditioned upon the faithful
observance by the licensee of the 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 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 application for a renewal of any license under the terms of
this chapter.
[Added 10-17-1989; amended 2-17-2015; 5-16-2024]
The County Clerk, upon receipt of an any application
for a Class A, B, C, or G license, shall send notice of the filing
of such application to the McLean County Health Department. If the
license application is not a renewal from the year prior, upon receipt
of said notice, the McLean County Health Department shall inspect
the premises sought to be licensed and provide a written report of
its findings to the Liquor Control Commission. A copy of the report
shall be filed with the McLean County Clerk. For renewal applications,
the inspection requirement is waived unless the Liquor Control Commission
or Health Department require an inspection.