It shall be unlawful to sell or offer for sale any alcoholic
liquor without having a license, or in violation of the terms of such
license.
Alcoholic liquor license renewal privileges shall not be construed
as a vested right and shall not prevent the County from decreasing
the number of licenses within its jurisdiction.
An alcoholic liquor license shall be a purely personal privilege
and shall not constitute property or be subject to being encumbered
or hypothecated. It shall not descend by the laws of testate or intestate
devolution, and shall cease upon the death, bankruptcy or insolvency
of the licensee, provided that executors, administrators, trustees
in bankruptcy or receivers of the estate of any deceased, bankrupt
or insolvent licensee, when such estate consists in part of alcoholic
liquors, may continue the business of the sale or manufacture of alcoholic
liquor under court order and exercise the privileges of the deceased,
bankrupt or insolvent licensee after the death of such decedent or
such bankruptcy or insolvency until such license expires, but not
longer than six months after the death, bankruptcy or insolvency of
such licensee. A refund shall be made of that portion of the license
fee paid for any period in which the licensee shall be prevented from
operating under such license in accordance with the provisions of
this section.
Each alcoholic liquor license shall terminate on the 31st of
December next following its issuance.
An alcoholic liquor license shall permit the sale of alcoholic
liquor only in the premises described in it. Such location may be
changed only upon a written permit to make such change issued by the
local Liquor Control Commissioner. No change of location shall be
permitted unless the proposed new location is a proper one for the
retail sale of alcoholic liquor under law.
An alcoholic liquor license shall state on its face the name
of the licensee, the business name and the address and description
of the premises for which the license is granted, together with its
issuance and expiration dates.
Every licensee shall cause his alcoholic liquor license to be
framed and hung in plain view in a conspicuous place on the licensed
premises.
The classification of licenses authorized to be issued under
this chapter shall be as follows:
A.
Class A license, which shall be known as a "general liquor license"
and shall authorize the retail sale on the premises specified of alcoholic
liquors for consumption on the premises, as well as other retail sale
of such liquor, which shall include sales by original package.
B.
Class B license, which shall be known as a "package goods only license"
and shall authorize the sale of alcoholic liquor by the original package
only for consumption off the premises.
C.
Class C license, which shall be known as a "club liquor license"
and shall authorize the retail sale on the premises specified of alcoholic
liquor for consumption on the premises, as well as other retail sale
of alcoholic liquor, which license shall be issued only to clubs.
D.
Class D license, which shall be known as a "beer and wine only license"
and shall authorize the retail sale on the premises specified of beer
and wine for consumption on the premises as well as retail sales of
such beer and wine in the original packages.
E.
Special licenses.
(1)
Class R license, which shall be known as a "restaurant license" and
shall be issued to the holder of a Class A license whose licensed
premises comply with the definition of "restaurant." To comply with
the definition of restaurant, the main business must be the retail
sale of food for consumption on the premises. At least 50% of the
gross receipts of all sales of all services and products on the premises
must be from the sale of food.
(a)
If the proposed licensed premises are currently doing business
as a restaurant at the time of request for a Class R license, the
fifty-percent total shall be determined by averaging all sales over
the first 11 months of the calendar year.
(b)
If the proposed licensed premises are not currently doing business
as a restaurant at the time of request for Class R license, the applicant
shall make a good faith estimate to accompany the application that
the restaurant will comply with the 50% within a reasonable period
of time, not to exceed one year after the granting of the license.
(c)
Additionally, three months after the issuance of the license,
the licensee shall demonstrate to the local Liquor Commission the
licensed premises' ability to be in compliance with the fifty-percent
requirement for the last six months of the license year.
(d)
Furthermore, six months after the issuance of the license, the
licensee shall demonstrate to the local Liquor Commission that the
fifty-percent requirement is attainable for the remaining six months
of the license year.
(e)
If, at the end of either the three-month period or six-month
period following the issuance of the license, it is determined that
the fifty-percent requirement is not reasonably attainable, then the
Class R license may be revoked, if after the hearing the local Liquor
Commission is satisfied that the fifty-percent requirement will not
be met during the last six-month period of the license.
(2)
Class S license, which shall be known as a "special event retailer's
license (not-for-profit)" and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or consumption,
but not for resale in any form, and only at the location and on the
specific date(s) designated for the special event on the license.
A "special event" can be defined as a single theme. A special event
retailer's license must be obtained for each single theme per location,
not to exceed 15 total days of the event. All not-for-profit corporations
are required to secure a license for each "special event."
[Amended 8-10-2011 by Res. No. 11-08-2021; 4-21-2022 by Ord. No. 22-04-27]
(a)
A Class S license shall permit the licensee to purchase alcoholic
liquors from an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special event,
in which case the licensee may purchase the alcoholic liquors from
a licensed retailer).
(b)
Eligibility. The special event retailer's license (not-for-profit)
is for events conducted by an educational, fraternal, political, civic,
religious, service or not-for-profit organization.
(3)
Class T-1 license, which shall authorize a temporary license, pursuant
to the conditions herein set forth, as a supplemental license to a
holder of a valid liquor license of any political subdivision or unit
of local government located in Stephenson County, Illinois (including
a holder of a Stephenson County liquor license), which license provides
for the sale of liquor on a fixed premises. The temporary license
shall allow the holder to use said license to hold up to and including
three events per year under the authority of said license. No event
shall last more than 12 hours. Unless provided otherwise by the Liquor
Commission and except as otherwise provided for herein, the licensee
shall be subject to all the provisions of this chapter. The licensee
shall notify the Stephenson County Liquor Commission at least 10 business
days prior to any event during which this temporary license is used.
Said notice shall be on a form provided by the Stephenson County Clerk
and shall include at a minimum the location of the event, written
authority for the use of the location, the purpose and nature of the
event, the hours of the event, a certificate of insurance, and proof
of a valid retail liquor license issued by a political subdivision
or unit of local government located in Stephenson County."
(4)
Class V license, which shall be known as a "vineyard license" authorizing
the sale of only wine and only by the drink for consumption on the
premises or packaged wine only for consumption off the premises of
the licensee. The licensee shall, unless otherwise provided for herein,
be subject to all other provisions of this chapter.
(5)
Class
V-1 license, which shall be known as a "modified vineyard license"
authorizing the sale of wine, only by the drink, for consumption on
the premises or packaged wine only for consumption off the premises
of the licensee, and individual servings of beer by bottle or can
only, and only for consumption on the premises. The licensee shall,
unless otherwise provided for herein, be subject to all other provisions
of this chapter.
[Added 1-12-2011 by Ord.
No. 11-01-1776]
(6)
Class M license, which shall be known as a "microbrewery license" authorizing the sale of beer produced on the premises by microbrewery as defined in § 203-1. Such sales shall be only by the drink for consumption on the premises or in a sealed original package, with the seal intact, for consumption off the premises of the licensee. The licensee shall, unless otherwise provided for herein, be subject to all other provisions of this chapter.
[Added 4-14-2016 by Ord.
No. 16-04-1381]
The local Liquor Control Commission shall have the discretion
to set a maximum number of alcoholic liquor licenses issued each year
for each class of license.
[Amended 8-10-2011 by Res. No. 11-08-1821]
No alcoholic liquor license shall be allowed for the retail
sale of any alcoholic liquor within 100 feet of any church, school,
hospital, home for the aged or indigent persons or for veterans, their
wives or children, or any military or naval station. This prohibition
shall not apply to regularly organized clubs, restaurants, food shops
or other places where the sale of alcoholic liquor is not the principal
business carried on, if such place or business so exempted shall have
been established for such purpose prior to the taking effect of this
chapter, nor to the renewal of a license for the sale of alcoholic
liquor on premises within 100 feet of any church where such church
has been established within such 100 feet since the issuance of the
original license.
No alcoholic liquor license shall be issued to any person for
retail sale of any alcoholic liquor at any store or other place of
business where the majority of customers are minors of school age
or where the principal business transacted consists of school books,
school supplies, food, lunches, or drinks for such minors.
The local Liquor Control Commissioner shall have the right to
examine or cause to be examined, under oath, any applicant for a local
license or for a renewal thereof, or any licensee upon whom notice
of revocation or suspension has been served as provided by statute,
and to examine or cause to be examined the books and records of any
such applicant or licensee, to hear testimony and take proof for his
information in the performance of his duties; for such purposes he
shall have the power of subpoena, which shall be effective in any
part of the state. For the purpose of obtaining any information desired
under this section, the local Liquor Control Commissioner may authorize
his agent to act on his behalf.
A.
All alcoholic liquor license fees shall be paid in advance to the
County Clerk in the full amount of the fee required, and the fee shall
accompany the application and shall be returned to the applicant if
the application is denied. The license fee to be paid shall be reduced
in proportion to the number of full calendar months that have expired
in the year prior to the issuance of the license.
B.
The license fees to be paid to the County upon each issuance of an
alcoholic liquor license shall be established from time to time by
the County Board.
[Amended 8-10-2011 by Res. No. 11-08-1821]
C.
The Liquor Commission, after approval by a majority of its members,
may waive the payment of the license fee by a Class S alcoholic liquor
holder only when the following conditions are met:
[Amended 4-21-2022 by Ord. No. 22-04-27A]
(1)
The Class S license holder is a not-for-profit organization or unit
of local government.
D.
The County Clerk shall pay the license fee collected pursuant to
the provisions of this chapter to the County Treasurer.
Once the liquor license is issued, no part of the license fee is refundable upon the sale of business or voluntary cessation and surrender of the license except as provided in § 203-19 of this chapter.
A.
An application for an alcoholic liquor license shall be made to the
local Liquor Control Commissioner. Applications shall be obtained
through the Stephenson County Clerk. Such application shall be made
in writing and shall be signed by the applicant, if an individual,
and verified by oath or affidavit. If said application is made on
behalf of a partnership, firm, association, club or corporation, then
it shall be signed and sworn to by at least two members of such partnership
or the president and secretary of such corporation.
B.
All such applications shall contain the following information and
statements:
(1)
The name, age and address of the applicant in the case of an individual;
in the case of a copartnership, the persons entitled to share in the
profits thereof; and in the case of a corporation for profit, or a
club, the date of incorporation, the objects for which it was organized,
the names and addresses of the officers and directors, and if a majority
of the stock of such corporation, in interest, is owned by one person
or his nominee, the name and address of such person.
(2)
The citizenship of the applicant, his place of birth and, if a naturalized
citizen, the time and place of his naturalization.
(3)
The character of business of the applicant; and in the case of a
corporation, the objects for which it was formed.
(4)
The length of time that said applicant has been in business of that
character; or in the case of the corporation, the date on which its
charter was issued.
(5)
The amount of goods, wares and merchandise on hand at the time application
is made.
(6)
The location and description of the premises or place of business
that is to be operated under such license, including a drawing of
the licensed premises.
[Amended 6-15-2011 by Ord. No. 11-06-1814]
(7)
A statement as to whether applicant has made similar application
for a similar license on premises other than described in this application,
and the disposition of such application.
(8)
A written list, verified by the applicant, stating the name, address,
age, and length of residence in Stephenson County or counties that
are within Illinois and contiguous with Stephenson County of all managers
to be employed by the applicant in connection with the retail sale
of alcoholic liquor on the licensed premises. Holders of liquor licenses
issued under this article shall also, within 10 days after employment
commences, report to the Stephenson County Liquor Control Commission,
in writing, the name, address, age, and length of residence in Stephenson
County or counties that are within Illinois and contiguous with Stephenson
County of all managers who become employed by the licensee subsequent
to the filing of the employee list referred to in the immediately
preceding sentence.
[Amended 7-20-2023 by Ord. No. 23-07-121]
(9)
A statement as to whether the applicant has ever been convicted of
a felony and that the applicant is not disqualified to receive a license
for any reason whatsoever.
(10)
A statement that the applicant, if granted a license or renewal
of a license, will report to the local Liquor Control Commission any
violations or allegations of violations of any federal, state, or
local law or ordinance that could, in the discretion of either the
local or state Liquor Control Commission, result in a fine, suspension,
or revocation of the licensee's license.
(11)
Whether a previous license by any state or subdivision thereof,
or by the federal government, has been revoked and the reasons thereof.
(13)
A statement that the applicant will not violate any of the laws
of the state or the United States in the conduct of his place of business.
(14)
Proof of coverage through dram shop insurance from the day of
the issuance of the license through the end of the term of the license.
The licensee is required and directed, when obtaining dram shop insurance,
to inform the provider of the dram shop insurance that the insurance
policy provider is required to notify the Clerk of the County at least
10 days prior to the termination or proposed termination of any dram
shop insurance coverage provided to the licensee. A clause to that
effect is to be included in the policy.
(15)
A statement by the applicant that he has not received or borrowed
money or anything else of value, and that he will not receive or borrow
money or any things of value (other than merchandising credit in the
ordinary course of business for a period not to exceed 90 days as
provided in 235 ILCS 5/6-5) directly or indirectly from any manufacturer,
importing distributor or distributor representative of any such manufacturer
or importing distributor or be a party in any way, directly or indirectly,
to any violation by a manufacturer, distributor or importing distributor
of 235 ILCS 5/6-6.
(16)
The applicant must state whether or not he owns the premises
for which the license is sought and the nature and extent of that
ownership and whether or not there are any other owners of any interest
in that property. If he does not own the property in question, the
applicant must state what possessory and legal interest he has in
the property and whether or not he has a lease or other interest.
If the applicant states that he has a lease, the applicant must state
the duration of the lease. Further, it must appear on the face of
the application that the duration of the lease is not less than the
duration of the liquor license being applied for.
C.
No person shall make a false statement upon such application.
No alcoholic liquor license shall be issued to:
A.
A person who is not a resident of Stephenson County or counties that
are within Illinois and contiguous with Stephenson County.
[Amended 7-20-2023 by Ord. No. 23-07-121]
B.
A person who is not of good character and reputation in the County.
C.
A person who is not a citizen of the United States.
D.
A person who has been convicted of a felony.
E.
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality.
F.
A person whose state or County alcoholic liquor license has been
revoked for cause.
G.
A person who at the time of application for renewal of any alcoholic
liquor license would not be eligible for such license upon a first
application.
H.
A copartnership, unless all the members of such copartnership shall
be qualified to receive a license.
I.
A corporation 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 an
alcoholic liquor license for any reason other than citizenship and
residence within the County.
J.
A limited-liability corporation if any officer, manager or director
thereof, or any stockholder or stockholders owning in the aggregate
more than 5% of the stock of such limited-liability corporation, would
not be eligible to receive an alcoholic liquor license for any reason
other than citizenship and residence within the County.
K.
A corporation, unless it is incorporated in Illinois, or unless it
is a foreign corporation which is qualified under the Illinois Business
Corporation Act, 805 ILCS 5/1.01 et seq., to transact business in
Illinois.
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, subsequent to the passage of Illinois Compiled Statutes Chapter
235, or has forfeited his bond to appear in court to answer charges
for any such violation.
N.
A person who does not beneficially own the premises for which a license
is sought, or does not have a lease thereon for the full period for
which the license is to be issued.
O.
Any law enforcing public official, any Mayor, alderman, or member
of a city council or commission, any president or member of either
a village board of trustees or County board; and no such official
shall be interested in any way, either directly or indirectly, in
the manufacture, sale or distribution of alcoholic liquor.
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, or as
proscribed by Section 28-3, of the Criminal Code of 1961 (720 ILCS
5/28-1, 5/28-3), as amended, or as proscribed by a statute replaced
by any of the aforesaid statutory provisions.
R.
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.
S.
A copartnership 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.
T.
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.
U.
Any premises for which a federal gaming device stamp or federal wagering
stamp has been issued by the federal government for the current tax
period.
V.
Any person, copartnership or corporation which has not received a
certificate of compliance issued by the County Public Health Department;
said certificate shall state that the Health Department has reviewed
and approved the plan for the premises submitted by the applicant
as complying with all County ordinances and regulations promulgated
thereunder regarding food dispensing and sanitation.
Any alcoholic liquor licensee may renew his license at the expiration
thereof, provided that he is then qualified to receive a license and
the premises for which such renewal license is sought are suitable
for such purposes.
A.
Registration and return procedure. All retail sales/purchasers of any keg in the County of Stephenson subject to this Chapter 203 for off-site consumption must comply with the following registration, documentation and labeling requirements and restrictions imposed by this chapter:
(1)
Purchasers shall provide a current government-issued photo identification
with the purchaser's name, address, and individual identification
number to the seller, who shall then record and document that information
in a log. The log shall also contain the individual keg identification
assigned to the keg by the seller, and include the date of sale and
indicate that the photo identification that was produced was matched
to the purchaser. The log shall also contain some identifier of each
person, owner/employee who sold to each purchaser. The seller shall
keep this information for a minimum period of six months from the
date of sale.
(2)
Sellers shall assign, record and attach to each retail keg sold for
off-site consumption an individual keg registration label/sticker,
at or before the time of sale to the purchaser, and the label/sticker
shall also include a prominent warning thereon that it is illegal
to alter, damage or remove the label/sticker from the keg.
(3)
Sellers of keg alcohol shall obtain the individual keg identification
labels/stickers from the Stephenson County Sheriff's Department, which
shall record to whom the labels/stickers are distributed and shall
restrict the distribution of the labels/stickers to licensed alcoholic
retailers. The Sheriff's Office shall keep a record of such distribution.[1]
(4)
Sellers shall collect a deposit in an amount set by the retailer
for each keg. Purchasers shall return kegs to the retail seller from
whom it was purchased with the individual keg registration label/sticker
attached, intact and legible on or before 60 days from the date of
sale or the deposit shall be forfeited.
(5)
Sellers shall record the date on which the keg is returned, who returned
the keg and indicate whether the keg identification label/sticker
is present or absent by notation on the log.
(6)
Sellers shall remove or otherwise invalidate the individual keg identification
label/stickers from the kegs when they are returned. The old labels/stickers
are to be destroyed.
(7)
Sellers shall produce keg registration logs/records to law enforcement
upon request.
B.
Keg possession requirements and restrictions. No person shall possess
a keg container of alcoholic beverage which was purchased within Stephenson
County from a person or entity subject to this chapter, or purchased
from within the territorial limits of any other jurisdiction, including,
but not limited to, the City of Freeport, Illinois, for consumption,
after the effective date of this chapter without an intact and legible
individual keg identification label/sticker attached as required herein
or as required by any other jurisdiction requiring such label/sticker
or similar identifying label or sticker, except for retail sellers
of keg alcohol and liquor license holders, or if the keg was purchased
at a location where such a label/sticker was not required, without
proof of purchase for the keg, including the name and address of the
seller.
C.
Keg sticker/label prohibitions. No person shall alter, damage, destroy
or remove the individual keg label/sticker which is described and
required by this chapter or any ordinance of the City of Freeport
or any ordinance of any other governmental entity after it has been
attached to the keg, except for retail sellers of keg alcohol.
