Unless the context otherwise requires, the following terms,
as used in this chapter, shall be construed in the following manner:
Alcohol, spirits, wine and beer, and every liquid or solid,
patented or not, containing alcohol, spirits, wine or beer, containing
over 1/2 of 1% of alcohol by volume, and capable of being consumed
as a beverage by a human being.
A beverage obtained by the alcoholic fermentation of an infusion
or concoction of barley, or other grain, malt, and hops in water,
and includes, among other things, beer, ale, stout, lager beer and
porter.
Any establishment or building, or any part thereof, wherein
the game of bowling is played with composition balls and 10 wooden
pins.
A corporation organized under the laws of this state, and
not for pecuniary profit, solely for the promotion of some common
object, other than the sale or consumption of alcoholic liquor, and
which further conforms to the definition of a club in 235 ILCS 5/1-3.24
All space between a floor and a ceiling that is enclosed
or partially enclosed with (i) solid walls or windows, exclusive of
doorways, or (ii) solid walls with partitions and no windows, exclusive
of doorways, that extend from the floor to the ceiling, including,
without limitation, lobbies and corridors.
[Added 6-15-2011 by Ord.
No. 11-06-1814]
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where food is
actually and regularly served and consumed and where sleeping accommodations
are offered for pay to travelers and guests, whether transient, permanent
or residential, in which 25 or more rooms are used for the sleeping
accommodations of such guests and having one or more public dining
rooms where meals are served to such guests, such sleeping accommodations
and dining rooms being conducted in the same building or buildings,
in connection therewith, and such building or buildings, structure
or structures being provided with adequate and sanitary dining room
and kitchen equipment and capacity.
Any metal, wooden, plastic, paper or other container designed
to hold four or more gallons of liquid and which actually contains
any amount of alcoholic liquor.
The premises described and identified in the particular application
for license, being one business unit consisting of a room, rooms or
building under the control of the licensee, by ownership or lease,
not leased to another and being no more extensive than the premises
in which the business of the licensee is actually conducted, except
as otherwise provided in this Code.
Any person or club holding a license under the provisions
of this chapter.
A brewery that produces less than 15,000 barrels (for the
purposes of this definition a barrel is considered to be the equivalent
of 31 gallons) of beer or ale per license year from malt and hops
by infusion, bailing and fermentation.
[Added 4-14-2016 by Ord.
No. 16-04-1381]
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.
Any sale of alcoholic liquor not in an enclosed area and
any sale in a licensed premises which is consumed in a nonenclosed
area.
[Added 6-15-2011 by Ord.
No. 11-06-1814]
The continuous maintenance of a domicile within Stephenson
County or counties that are within Illinois and contiguous with Stephenson
County for a period of one year or more shall be prima facie evidence
of residency.
[Amended 7-20-2023 by Ord. No. 23-07-121]
Any public place kept, used, maintained, advertised and held
out to the public to be 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.
Sale for use or consumption and not for resale.
Any alcoholic beverage obtained by the fermentation of the
natural contents of fruits, or vegetables, containing sugar, including
such beverages when fortified by the addition of alcohol or spirits
as defined in 235 ILCS 5/1-3.01 and 235 ILCS 5/1-3.02
The Chairman of the County Board shall be the local Liquor Control
Commissioner and shall administer the Liquor Control Act, 235 ILCS
5/1-1 et seq., and all ordinances and resolutions relating to alcoholic
liquor. He may appoint a person or persons to assist him in the exercise
of such powers and the performance of such duties.
The local Liquor Control Commissioner is hereby given the power
to enter, or to authorize any law enforcing officer to enter, and
examine, at any time any premises licensed hereunder to determine
whether any of the provisions of the Liquor Control Act, 235 ILCS
5/1-1 et seq., this chapter or any rules or regulations adopted by
him or by the State Liquor Commission have been or are being violated.
The free dispensing, giving away or delivering of any alcoholic
liquor for the purpose of evading any provisions of this chapter or
state law or any other shift or device to evade any provision of this
chapter shall be held to be an unlawful selling and shall ipso facto
revoke a liquor license.
A photocopy of any application for an alcoholic liquor license
shall be referred by the County Clerk to the County Public Health
Department. The Health Department shall then determine whether the
applicant has complied with all County ordinances or regulations promulgated
thereunder concerning the dispensing of food and beverages and the
requirements of sanitation. The Health Department shall report to
the Liquor Control Commissioner in writing prior to the license being
granted to the applicant. An authorized representative of the Health
Department shall also appear when requested by the Liquor Control
Commissioner at any public hearing to provide any and all necessary
information regarding the facilities of the applicant.
A.
In premises upon which the sale of alcoholic liquor for consumption
upon the premises is licensed (other than a restaurant, hotel, club
or any bowling alley other than one situated on the first or ground
floor), no screen, blind, curtain, partitions, article or things shall
be permitted in the windows 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 arrangements of lights or lighting shall be permitted in or
about the interior of such licensed premises which shall prevent a
full view of the entire interior of such premises from the street,
road or sidewalk. There shall be at least one unobstructed viewing
opening with the minimum dimension of two feet in length and two feet
in width at each above-described premises.
B.
All rooms where liquor is sold for consumption, all exits and entrances
to the premises and all parking areas owned or operated by the licensee,
his agents or assigns in the operation of the licensed premises shall
be continuously lighted during business hours by natural light or
artificial white light so that all parts of the exterior and interior
of the premises shall be clearly visible.
C.
In case the licensee, his agents or assigns fails to comply with
these provisions and legal notice to so comply has been served, then
such license shall be subject to revocation in the manner herein provided.
D.
In order to enforce the provisions of this section, the Liquor Commission
shall have the right to require the filing with it of plans, drawings
and photographs showing the clearance of the view as above required.
[Amended 8-10-2011]
[Amended 6-15-2011 by Ord. No. 11-06-1814; 8-13-2015 by Ord. No. 15-08-1302]
A.
No person
shall sell or offer for sale at retail any alcoholic liquors at any
times prohibited by the Illinois Revised Statutes, as amended.
B.
No person or licensee hereunder holding a Class A, B, C, D, AR, M,
V or V-1 alcoholic liquor license shall sell or offer for sale or
furnish or give away on the licensed premises or any other premises
under the control of the licensee any alcoholic liquor except between
the hours of 7:00 a.m. and 1:00 a.m. on Monday through Thursday, 7:00
a.m. and 2:00 a.m. on Friday and Saturday and 9:00 a.m. to 1:00 a.m.
on Sundays.
[Amended 4-14-2016 by Ord. No. 16-04-1381]
C.
If December
31 falls on any day Sunday through Thursday, the closing hours shall
be extended from 1:00 a.m. until 2:00 a.m. January 1.
All holders of a liquor license under this chapter shall close
the licensed premises or cause the same to be closed and clear and
exclude therefrom all customers, guests, and other persons, from 30
minutes after the time in which the sales are prohibited until the
opening time permitted, with the exception of employees, who may remain
on the premises for not longer than one hour after the time in which
sales are prohibited, and with the further exception that the licensee
or his/her spouse, who may remain on the premises at any time. Further,
the employees, for the exclusive and limited purpose of cleaning and
restocking the premises or preparing for the next day's business,
including preparation of food in those establishments holding appropriate
licenses, may reenter the premises not sooner than 2 1/2 hours
before the sale of liquor is permitted; except, in those establishments
holding an R license, they may reenter 2 1/2 hours prior to the
opening of those premises in which they would be authorized to sell
food and nonalcoholic beverages.
A.
No licensee or agent or employee of the licensee shall sell, offer
for sale, or furnish alcoholic liquor to any person except on the
licensed premises, and the serving of liquor for consumption on the
licensed premises to persons in parked automobiles is hereby prohibited.
B.
No alcoholic liquor shall be served for consumption at any places
prohibited under state law or to any person to whom state law prohibits
the sale, gift or delivery of alcoholic liquors.
C.
No person shall sell any alcoholic liquor upon any terms prohibited
by state law.
[Amended 8-10-2011]
It shall be unlawful for any licensee or agent or employee of
the licensee to permit any person under the age of 21 years in or
on any licensed premises at any time unless such person is accompanied
by his or her parent, legal guardian or adult spouse. In premises
where the bar, liquor facilities and alcoholic liquors are located
in a separate room from the remainder of the building or structure,
the term "licensed premises" shall refer only to said separate room.
A.
No licensee may employ persons under the age of 21 years on the licensed premises to sell, give or deliver alcoholic liquors to any patron, except as provided in Subsection B of this section.
B.
Any licensee may employ or contract for the services on the licensed
premises of any person 18 years of age and upwards, but under the
age of 21 years, for any purpose except such person cannot draw, pour
or mix alcoholic liquor.
[Amended 6-15-2011 by Ord. 11-06-1814]
It shall be unlawful for any licensee to allow a person in a
drunken condition to remain upon or loiter in and around any licensed
premises or to harbor, conceal, aid or assist any person who has committed
any criminal offense against the laws of the state or to refuse to
aid or assist the law enforcing officers of the County in the apprehension
of persons accused of or suspected of crime.
[Amended 8-10-2011]
The licensee shall not allow, suffer, or permit any lewd persons
or prostitutes to remain on or about the licensed premises, nor shall
the licensee suffer, permit or allow any soliciting for prostitution,
practices of prostitution, or lewdness, idleness, gaming, fornication
or other behavior that is in violation of any law, ordinance, or resolution
to be conducted on such licensed premises. It is the responsibility
of the licensee to hire such persons and conduct such inspections
as are necessary to ensure that the above-proscribed practices do
not occur upon the premises. Further, should the licensee employ the
services of dancers or other similar entertainers, but not including
comedians, musicians, or DJs playing music, the licensee shall furnish
to the Liquor Control Commissioner on the day of the employment, except
in cases of an unforeseen emergency, then not more than 48 hours after
the start of the first day of employment, the following information:
name, address, age, date of birth, place of birth, county of residence,
and a job description of the individual employed. This includes but
is not limited to persons employed by independent contractors and
persons employed by third parties who provide the above-described
dancing-type services to the licensee.
On the licensed premises where dancing by patrons or entertainers
is permitted or where, in the judgment of the Liquor Control Commissioner,
it is necessary for the purposes of keeping order, or where, in the
judgment of the Commissioner, the parking or departing of automobiles
is obstructing or endangering traffic, it shall be the duty of the
licensee, upon the request of the Commissioner, to engage a security
officer at the expense of the licensee during such hours as may be
deemed necessary by the Commissioner. The licensee shall submit to
the Liquor Control Commissioner the name, address, date of birth,
place of birth, and county of residence on or before the first day
of employment of any person hired or retained as a security officer,
whether an employee of the licensee or employed by a third party.
A.
Except as hereafter provided, it shall be unlawful to consume on
the premises licensed pursuant to this chapter any alcoholic liquors
other than those furnished by the licensee, the bringing in of liquor
by patrons for personal consumption on the licensed premises being
hereby prohibited.
A.
All premises used for the retail sale of alcoholic liquor or its storage shall be in a clean and sanitary condition. The licensee and all its agents and employees shall comply with the provisions of Chapter 257, Food Establishments, insofar as applicable.
B.
All premises licensed pursuant to this chapter shall be properly
ventilated and supplied with separate and sufficient toilet facilities
for each sex. Such toilets shall be of the water closet combination
type and located inside the licensed premises.
C.
All premises licensed pursuant to this chapter shall have hot and
cold running water. All sinks, and particularly those at the bars
and counters used for cleaning and sterilizing of glasses, dishes,
receptacles and utensils, shall be provided with running hot and cold
water.
A.
It shall be unlawful for any person who has not yet attained his
21st birthday to have any amount of alcoholic beverage in his possession
when within the County. This section shall not apply to possession
by a person under 21 years of age who is making a delivery of an alcoholic
beverage in pursuance of the order of his parent or in pursuance of
his employment.
B.
It shall further be unlawful for any person who has not yet attained
his 21st birthday to consume any amount of alcoholic beverage when
within this County. This section shall not apply to consumption by
any person under 21 years of age of an alcoholic beverage in the performance
of a religious ceremony or service, or the consumption by a person
under 21 years of age under the direct supervision and approval of
the parents or parent of such person under 21 years of age in the
privacy of a home.
C.
Any peace officer having jurisdiction within any portion of the County
may initiate an action under this section.
[Added 6-15-2011 by Ord.
No. 11-06-1814]
A.
No Class A, AR, C, or D licensee shall conduct outdoor sales of alcoholic beverages for consumption (See definition of "outdoor sales" in § 203-1 of this chapter) without first obtaining a permit pursuant to this section.
(1)
The license holder must submit to the Stephenson County Liquor Commission,
Stephenson County Zoning Department, and the Stephenson County Health
Department a description of the outdoor sales area as well as plans
and specifications of the area where outdoor sales will be conducted.
(2)
The Stephenson County Liquor Commission, Stephenson County Zoning
Department and Stephenson County Health Department must approve such
plans and specifications. Such plans and specifications must be in
compliance with all applicable law and regulations, including County,
state and federal laws and regulations, including the Illinois Liquor
Control Act.[1] The licensee must allow inspections by the Stephenson
County Liquor Commissioner, the Zoning Administrator and the Health
Administrator or his or her respective designee at reasonable times
during the construction or preparation of the outdoor sales area pursuant
to the submitted plans and specifications for the purpose of assuring
compliance with the requirements set forth in this section.
[1]
Editor's Note: See 235 ILCS 5/1-1 et seq.
(3)
After the outdoor sales area is completed or is otherwise ready to
be used for outdoor sales of alcoholic beverages, it must be inspected
and approved by the Stephenson County Liquor Commission, the Stephenson
County Zoning Department, and the Stephenson County Health Department.
At completion of the outdoor sales area, it shall be in compliance
with all applicable law and regulations, including County, state and
federal laws and regulations, including the Illinois Liquor Control
Act.[2]
[2]
Editor's Note: See 235 ILCS 5/1-1 et seq.
(4)
The licensee must have obtained all required permits.
(5)
The area where outdoor sales are conducted must be contiguous to
and accessible from the licensed premises wherein sales of alcoholic
liquor are otherwise conducted by the licensee.
(6)
Ingress to and egress from the outdoor sales area must be only possible
by passing through the interior or enclosed sales area of the licensed
premises.
(7)
The outdoor sales area shall be surrounded by an ornamental passage
preclusive fence or wall five feet or more in height when measured
from the floor or surface of such area.
(8)
All fences or walls required by this subsection shall be located,
constructed and maintained in conformance with the zoning, building
and other ordinances of Stephenson County.
(9)
No alcoholic liquor shall be removed from the outdoor sales area,
except to the enclosed areas of the licensed premises.
(10)
Use of the outdoor sales area shall not disturb the lawful use and
quiet enjoyment of nearby properties.
(11)
The outside sales area shall comply with the Illinois State Fire
Code.
B.
An outdoor
sales area holding a permit pursuant to this section is subject to
inspection by the Stephenson County Liquor Commissioner, the Stephenson
County Zoning Administrator and the Stephenson County Health Administrator
or their respective designees at reasonable times, including at the
time of transfer of ownership of the licensed premises.
C.
No M, V or V-1 licensee shall conduct outdoor sales of alcoholic beverages for consumption (See definition of "outdoor sales" in § 203-1 of this chapter) without first obtaining a permit pursuant to this Subsection C.
[Amended 4-14-2016 by Ord. No. 16-04-1381]
(1)
The license holder must submit to the Stephenson County Liquor Commission,
Stephenson County Zoning Department, and the Stephenson County Health
Department a description of the outdoor sales area as well as plans
and specifications of the area where outdoor sales will be conducted.
(2)
The Stephenson County Liquor Commission, Stephenson County Zoning
Department and Stephenson County Health Department must approve such
plans and specifications. Such plans and specifications must be in
compliance with all applicable law and regulations, including County,
state and federal laws and regulations, including portions of the
Illinois Liquor Control Act.[3] The licensee must allow inspections by the Stephenson County Liquor Commissioner, the Zoning Administrator and the Health Administrator or his or her respective designee at reasonable times during the construction or preparation of the outdoor sales area pursuant to the submitted plans and specifications for the purpose of assuring compliance with the requirements set forth in this Subsection C.
[3]
Editor's Note: See 235 ILCS 5/1-1 et seq.
(3)
After the outdoor sales area is completed or is otherwise ready to
be used for outdoor sales of alcoholic beverages, it must be inspected
and approved by the Stephenson County Liquor Commission, the Stephenson
County Zoning Department, and the Stephenson County Health Department.
At completion of the outdoor sales area, it shall be in compliance
with all applicable law and regulations, including County, state and
federal laws and regulations, including the Illinois Liquor Control
Act.[4]
[4]
Editor's Note: See 235 ILCS 5/1-1 et seq.
(4)
The licensee must have obtained all required permits.
(5)
The area where outdoor sales are conducted must be contiguous to
and accessible from the licensed premises wherein sales of alcoholic
liquor are otherwise conducted by the licensee.
(6)
Ingress to and egress from the outdoor sales area must be possible
by passing through the interior or enclosed sales area of the licensed
premises. The Liquor Commission may, upon request of the licensee,
approve other points of access to the outdoor sales area.
(7)
The outdoor sales area shall be surrounded by an ornamental fence or wall approved by the Stephenson County Liquor Commission, subject to the other points of access as provided in Subsection C(6).
(8)
All fences or walls required by this subsection shall be located,
constructed and maintained in conformance with the zoning, building
and other ordinances of Stephenson County.
(9)
No alcoholic liquor shall be removed from the outdoor sales area,
except to the enclosed areas of the licensed premises.
(10)
Use of the outdoor sales area shall not disturb the lawful use and
quiet enjoyment of nearby properties.
(11)
The outside sales area shall comply with the Illinois State Fire
Code.
D.
Upon
the fulfillment of all the applicable conditions and requirements
in this section by a licensee, the Liquor Commission shall issue a
permit which allows the outdoor sales of alcoholic liquor.
[Added 5-16-2019 by Ord.
No. 19-05-2052]
A.
Purpose. The Stephenson County Board finds that licensed liquor establishments
can become targets of opportunity for theft and violent crimes. The
purpose of this section is to protect the public health, safety and
welfare by increasing security for patrons and employees of these
businesses by using video surveillance systems. Video surveillance
systems will assist in deterring crime in, and adjacent to, such businesses
and can provide information to assist law enforcement authorities
with the investigation of crimes that do occur.
B.
Video surveillance requirements. Every business that holds an alcoholic liquor license with a classification of A or C shall install a video surveillance system as defined in § 203-1 with recording security camera(s) of a type, number and placement approved by the duly appointed County Liquor Control Commissioner, or their designee, subject to the minimum requirements set out in Subsection J. A business holding an alcoholic liquor license with a classification of B, D, or R shall comply with this section if video gaming terminals (VGTs) licensed by the State of Illinois Gaming Board are present on the premises, and/or if more than 20% of the gross sales are from alcoholic liquor.
C.
Authority of commissioner. The duly appointed County Liquor Control
Commissioner shall have the authority to formulate reasonable rules
to fully implement this chapter.
D.
Type of camera required. Security camera(s) must be capable of producing
continuously recorded video with a minimum resolution of 1080p that
can be made a permanent record, and which can be enlarged through
projection or other means. Video surveillance systems shall have an
accurate date and time stamp on the recorded video and shall always
be maintained in proper working order during all hours of operation
of the business.
E.
Signage required. Said establishments shall post a conspicuous sign
on or near the main entrance which states that the property is under
video surveillance.
F.
Inspections of equipment. Cameras and recording equipment shall be
subject to periodic inspection by the duly appointed County Liquor
Control Commissioner or their designee and/or the Stephenson County
Sheriff.
G.
Storage of digital media. Said establishments shall maintain all
recorded video for no less than 35 days before reusing or destruction
of the media. Digital media may either be stored on a digital video
recorder, a computer server, an external hard drive, or cloud-based
storage; however, video stored on a computer server or external hard
drive must be backed up on cloud-based storage. Regardless of the
method of digital media storage, all stored video footage shall be
accurately date and time stamped.
H.
Production of digital media. Any licensed liquor establishment that
falls under the jurisdiction of this section shall produce, upon written
or verbal request from either a sworn law enforcement officer, or
a duly appointed member of the County Liquor Control Commission, a
digital copy of any and all video surveillance footage as needed for
official purposes. For the purposes of this section, "official purposes"
shall mean a criminal investigation, an investigation of a County
ordinance, a violation of any state statute, a violation of the laws
of any other state, a violation of federal law, or any other matter
of a public concern. The production of properly requested video surveillance
footage shall be done as soon as practicable after the request is
received by an employee of the licensed business. In any event, any
video surveillance footage requested pursuant to this section shall
be produced to the requesting party within three business days.
I.
Knowledge of equipment required. All licensees are required to have
present on the licensed premises, at all times during business hours,
a person having operational knowledge of, and access to, any surveillance
equipment installed on the licensed premises. Such knowledge will
include but not be limited to setup, use and operation, viewing retrieval
and transfer of video to removable storage media.
J.
Location of equipment. All licensees are required to have video surveillance
cameras that meet the below-listed minimum standards:
(1)
No less than one video surveillance camera dedicated to each
entrance and exit to the establishment. These cameras shall be positioned
in such a manner as to be able to clearly identify the facial features
and the attire of persons entering and exiting the establishment.
(2)
A sufficient number of video surveillance cameras dedicated
to adequately cover any and all parking lots or other areas designated
for customer and/or employee parking use.
(3)
A sufficient number of video surveillance cameras to cover no
less than 90% of the areas inside the establishment that are open
to the public, excluding the restrooms.
K.
Replacement of equipment required. Any cameras or digital recording
equipment installed in accordance with this section shall be replaced
promptly upon failure, or at the manufacturer's recommended replacement
schedule, whichever occurs first. Any business which falls under the
jurisdiction of this section shall self-report to the duly appointed
County Liquor Control Commissioner any equipment malfunctions or repair
issues that affect their compliance with this section. The duly appointed
County Liquor Control Commissioner may grant any business that self-reports
an equipment failure with a reasonable amount of time to address the
problem without penalty, but in no event shall that period exceed
30 days.
L.
Enforcement of violations. Any law enforcement officer or member of the County Liquor Control Commission who becomes aware of a violation of this section shall notify the duly appointed County Liquor Control Commissioner as soon as practicable. Any business found to be in violation of this section may be subject to the provisions as listed in County Ordinance § 203-39 (Penalty; license revocation or suspension).
M.
Effective date. For all existing businesses, this section shall take
effect on the 90th day after being passed by the County Board and
will be effective immediately thereafter for all new business applicants.
