[Amended 1-27-2014 by Ord. No. 14-01; 3-28-2022 by Ord. No. 22-03; 5-22-2023 by Ord. No. 23-11]
(A)
It shall be unlawful for any licensees to give or sell or offer for
sale or gift or in any way provide any alcoholic liquors, spirits,
beer or wine in the Village during the following hours:
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Mondays through Sundays
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2:00 a.m. to 5:00 a.m.
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(A)
All retail licensees shall maintain a schedule of the prices charged
for all drinks of alcoholic liquor to be served and consumed on the
licensed premises or in any room or part thereof. Whenever a hotel
or multi-use establishment which holds a valid retailer's license
operates on its premises more than one establishment at which drinks
of alcoholic liquor are sold at retail, the hotel or multi-use establishment
shall maintain at each such establishment a separate schedule of the
prices charged for such drinks at the establishment.
(B)
No retail licensee or employee or agent of such licensee shall:
(1)
Serve two or more drinks of alcoholic liquor at one time to
one person for consumption by that one person, except selling or delivering
wine by the bottle or carafe;
(2)
Sell, offer to sell or serve to any person an unlimited number
of drinks of alcoholic liquor during any set period of time for a
fixed price, except at private functions not open to the general public;
(3)
Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in Subsection C(7) of this section.
(4)
Increase the volume of alcoholic liquor contained in a drink,
or the size of a drink of alcoholic liquor, without increasing proportionately
the price regularly charged for the drink on that day;
(5)
Encourage or permit, on the licensed premises, any game or contest
which involves drinking alcoholic liquor or the awarding of drinks
of alcoholic liquor as prizes for such game or contest on the licensed
premises; or
(6)
Advertise or promote in any way, whether on or off the licenses
premises, any of the practices prohibited under Subsection (C)(1)
through (5).
(C)
Nothing in Subsection (B) shall be construed to prohibit a licensee
from:
(1)
Offering free food or entertainment at any time;
(2)
Including drinks or alcoholic liquor as part of a meal package;
(3)
Including drinks of alcoholic liquor as part of a hotel package;
(4)
Negotiating drinks of alcoholic liquor as part of a contract
between a hotel or multi-use establishment and another group for the
holding of any function, meeting, convention or trade show;
(5)
Providing room service to persons renting rooms at a hotel;
(6)
Selling pitchers (or the equivalent, including but not limited
to buckets), carafes, or bottles of alcoholic liquor which are customarily
sold in such manner and delivered to two or more persons at one time;
or
(7)
Increasing prices of drinks of alcoholic liquor in lieu of,
in whole, or in part, a cover charge to offset the cost of special
entertainment not regularly scheduled.
No license shall be issued for the sale of any alcoholic liquor
at retail within 500 feet of any church, school (other than an institution
of higher learning), hospital, home for the aged or indigent persons,
or for veterans, their spouses or children or any military or naval
station; provided that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs or to restaurants,
food shops, or other places where the sale of alcoholic liquors is
not the principal business carried on if such place of business so
exempted shall have been established for such purposes prior to the
taking effect of this Chapter; nor to the renewal of a license for
the sale at retail of alcoholic liquor on the premises within 500
feet of any church or school where such church or school has been
established within such 500 feet since the issuance of the original
license. In the case of a church, the distance of 500 feet shall be
measured to the nearest part of any building used for worship services
or educational programs and not to property boundaries.
Nothing in this section shall prohibit the issuance of a license
to a church or private school to sell at retail alcoholic liquor if
any such sales are limited to periods when groups are assembled on
the premises solely for the promotion of some common object other
than the sale or consumption of alcoholic liquors. (See 235 ILCS 5/6-11.)
A retail liquor dealer's license shall permit the sale of alcoholic
liquor only on the premises described in the application and license.
Such location may be changed only upon the written permit to make
such change issued by the Mayor. No change of location shall be permitted
unless the proposed new location is a proper one for the retail sale
of alcoholic liquor under the law of this state and the Code of this
municipality. (See 235 ILCS 5/7-14.)
No license shall be issued to any person for the sale at retail
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. (See 235 ILCS 5/6-12.)
No person shall, within this municipality, transport, carry,
possess, or have any alcoholic liquor in, upon, or about any motor
vehicle in or on any public street, alley or place, except in the
original package and with the seal unbroken.
The licensee shall not knowingly permit any person to leave
his premises with open liquor or in a cup-to-go.
The presence in a vehicle other than a public vehicle of any
alcoholic liquor shall be prima facie evidence that it is in the possession
of and is being carried by all persons occupying such vehicle at the
time of which such alcoholic liquor is found, except under the following
circumstances:
It shall be unlawful to establish a retail liquor business within the municipality in violation of the restrictions of the Zoning Code. (See Chapter 40 of the Revised Code.)
All such licensees may sell alcoholic liquor at retail, by the
drink or in the original package for consumption either on or off
the premises licensed on the day of any national, state, county or
municipal election, including primary elections during the hours the
polls are open within the political area in which such election is
being held and on Sundays; subject to all the remaining terms, conditions
and opening hours and closing hours as set forth in this chapter.
It shall be unlawful for any person to do or commit any of the
following acts within the Village, to wit:
(A)
Drink any alcoholic liquors on any public street, alley, sidewalk,
or other public way without special permission granted by the Mayor.
(B)
Drink any alcoholic liquors in any public park, except with the permission
of the Mayor.
(C)
Drink any alcoholic liquors on any private property without permission
of an owner thereof.
(D)
Appear on or in any public street, alley, sidewalk or other public
place, including parks and recreation areas, in an intoxicated condition.
No licensee, his agent, servant or employee shall permit or
allow any lewd or lascivious act or any topless and/or bottomless
employee and/or employees ("topless" being defined as naked and substantially
without clothing or covering of the body from the waist to the neckline
and bottomless being defined as naked and substantially without clothing
or covering of the body from the waist downward), or entertainment
to be performed within the licensed premises by an entertainer employed
therein, or by any employee or guest.
Nor shall any licensee, his agent, servant or employee permit
or allow any employee or guest or any other person whomever to solicit
or encourage the purchasing of any alcoholic liquor or beverage of
any description, or the giving of any gratuity or gift by any patron
or guest to or for the benefit of such employee or guest.
The following kinds of conduct on premises in this municipality
licensed to sell alcoholic liquor are prohibited:
(A)
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts;
(B)
The actual or simulated exhibition, touching, caressing, or fondling
of the breasts, buttocks, pubic hair, anus, vulva, or genitals;
(C)
The actual or simulated displaying of the breasts, buttocks, pubic
hair, anus, vulva, or genitals;
(D)
The permitting by a licensee of any person to remain in or upon the
licensed premises who exposes to view any portion of his or her breasts,
buttocks, genitals, vulva, or anus;
(E)
The displaying of films or pictures depicting acts, a live performance
of which are prohibited by the regulations quoted above.
All premises used for the retail sale of alcoholic liquor or
for the storage of such liquor for such sale shall be kept in a clean
and sanitary condition, and shall be kept in full compliance with
the codes regulating the condition of the premises used for the storage
or sale of food for human consumption. (See 410 ILCS 650/1 et seq.)
It shall be unlawful to employ in any premises used for the
retail sale of alcoholic liquor, any person who is afflicted with
or who is a carrier of any contagious disease, infectious or venereal
disease; and it shall be unlawful for any person who is afflicted
with or a carrier of any such disease to work in or about any premises
or to engage in any way in the handling, preparation or distribution
of such liquor. (See 410 ILCS 650/10.)
Every licensee shall have, at all times, a valid operating permit
from the County Health Department which regulates health standards.
It shall be unlawful to peddle alcoholic liquor in this municipality.
(See 235 ILCS 5/4-1.)
[Amended 9-27-2010 by Ord. No. 10-5]
It is unlawful to keep, place, maintain or operate any gambling device or instrument that is not licensed and in compliance with state law in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away. It shall be unlawful for any licensee, or his agent and/or employee, to give or award a cash prize or equivalent to any person playing any devices or machines defined as coin-operated amusement device pursuant to Section 7-4-1 of the Revised Code. (See 720 ILCS 5/28-1.)
Any person licensed under this chapter shall not suffer or permit
any disorder, drunkenness, quarreling, fighting, unlawful games, or
riotous or disorderly conduct in any house or premises kept or occupied
by him for the sale of liquor. (See 235 ILCS 5/4-1.)
No licensee, nor any officer, associate, member, representative,
agent or employee of such licensee shall sell, give or deliver alcoholic
liquor to any person under the age of 21 years, or to any intoxicated
person or to any person known by him to be a habitual drunkard, spendthrift,
insane, or mentally ill. No person, after purchasing or otherwise
obtaining alcoholic liquor shall sell, give or deliver such alcoholic
liquor to another person under the age of 21 years, except in the
performance of a religious ceremony or service. (See 235 ILCS 5/6-16.)
It shall be unlawful for any person under the age of 21 years
to attend any bar or to sell, draw, pour or mix any alcoholic liquor
in any Class A or B licensed retail premises. In a Class C or D licensed
business, a person may serve if he is 18 years of age or older. (See
235 ILCS 5/4-1.)
It shall be unlawful for any person under the age of 21 years
to enter upon premises where alcoholic liquors, spirits, beer or wine
are sold by the holder of a Class A or a Class B license unless accompanied
by a parent or legal guardian. No holder of a Class A or Class B license,
nor any officer, associate, member, representative, agent or employee
of such licensee shall permit any person under the age of 21 years
not accompanied by a parent or legal guardian to enter the licensed
premises. For the purpose of preventing the violation of this section,
any holder of a Class A or a Class B license, or his agent or employee,
may refuse to permit entry onto the licensed premises of any person
under the age of 21 years who is unable to produce adequate written
evidence of the fact that the person accompanying such person under
the age of 21 years is that person's parent or legal guardian. (See
235 ILCS 5/4-1.)
Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase or accept a
gift of such alcoholic liquor or have such alcoholic liquor in his
possession. (See 235 ILCS 5/6-20.)
If a licensee or his agents or employees believe or have reason
to believe that a sale or delivery of any alcoholic liquor is prohibited
because of the age of the prospective recipient, he shall, before
making such sale or delivery, demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his official duties.
Proof that the defendant/licensee or his employees or agent
demanded, was shown, and reasonably relied upon such written evidence
in any transaction forbidden by this section is competent evidence
and may be considered in any criminal prosecution therefor or in any
proceedings for the suspension or revocation of any license based
thereon. (See 235 ILCS 5/6-20.)
No person shall transfer, alter or deface such an identification
card; use the identification card of another; carry or use a false
or forged identification card; or obtain an identification card by
means of false information. No person shall purchase, accept delivery,
or have possession of alcoholic liquor in violation of this chapter.
The consumption of alcoholic liquor by any person under the
age of 21 years is forbidden. (See 235 ILCS 5/6-20.)
In every licensed business where alcoholic liquor is sold, there
shall be displayed at all times in a prominent place, a printed card
which shall be supplied by the Municipal Clerk, and which shall read
as follows:
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UNDERAGE LIQUOR WARNING
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“YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCES
OF THIS MUNICIPALITY IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT
YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.”
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The possession and dispensing or consumption by an underaged
person of alcoholic liquor in the performance of a religious service
or ceremony, or the consumption by an underaged person under the direct
supervision and approval of the parent or parents of such underaged
person in the privacy of a home is not prohibited by this chapter.
(See 235 ILCS 5/6-20.)
It shall be unlawful to refuse to grant admittance to the premises
for which a license has been issued at any time upon the verbal request
of the Chief of Police, any police officer, or the Liquor Commissioner
for the purpose of making an inspection of such premises or any part
thereof. (See 235 ILCS 5/4-4.)
It shall be the duty of every retail licensee to make books
and records available upon reasonable notice for the purpose of investigation
and control by the Mayor having jurisdiction over the licensee. Such
books and records need not be maintained on the licensed premises,
but must be maintained in the State of Illinois. (See 235 ILCS 5/6-10.)
In addition to the restrictions on licensing, the holder of
a license is subject to the following restrictions:
(A)
It is unlawful for any licensee to accept, receive or borrow money
or anything of value directly or indirectly from any manufacturer
or distributor of alcoholic liquor. (See 235 ILCS 5/6-5.)
(B)
No licensee licensed under die provisions of this Code shall deny
or permit his agents or employees to deny any person the full and
equal enjoyment of the accommodations, advantages, facilities and
privileges of any premises in which alcoholic liquors are authorized
to be sold subject only to the conditions and limitations established
by law and applicable alike to all citizens. (See 235 ILCS 5/6-17.)
(C)
No licensee shall sell liquor to any persons on credit, or in payment
for services rendered but this does not apply to clubs and hotels
and liquor purchased for consumption off the premises. (See 235 ILCS
5/6-19.)
(D)
No licensee shall fill or refill in whole or in part any original
package of alcohol with the same or other liquor and no liquor shall
be sold except in original packages. (See 235 ILCS 5/6-22.)
(E)
No alcoholic liquor shall be sold or delivered in any building belonging
to or under the control of a municipality except in connection with
the operation of an established food service facility or at a site
specifically provided for in the Act and where dram shop insurance
coverage is provided. (See 235 ILCS 5/6-15.)
(F)
An established place of business is a prerequisite to the issuance
of a license. Revocation of a license when a licensee ceases to operate
the business before the license expires is within the authority of
the commissioner on the grounds of nonuse. (See Goode V. Thomas 31
III. App. 3d 674, 1975.)
Any person who sells, gives, or furnishes to any person under
the age of 21 years any false or fraudulent written, printed, or photostatic
evidence of the age and identity of such person or who sells, gives
or furnishes to any person under the age of 21 years evidence of age
and identification of any other person is guilty of violating this
Code. (See 235 ILCS 5/6-16.)
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee, any written, printed or photostatic
evidence of age and identity which is false, fraudulent, or not actually
his own for the purpose of ordering, purchasing, attempting to purchase
or otherwise procuring or attempting to procure, the serving of any
alcoholic beverage, or who has in his possession any false or fraudulent,
written, printed, or photostatic evidence of age and identity, is
guilty of violating this Code. (See 235 ILCS 5/6-16.)
Any person under the age of 21 years who has any alcoholic beverage
in his possession on any street or highway or in any public place,
or in any place open to the public is guilty of violating this Code.
This section does not apply to possession by a person under the age
of 21 years making a delivery of an alcoholic beverage in pursuance
of the order of his or her parent or in pursuance of his or her employment.
(See 235 ILCS 5/6-16.)
Any person shall be guilty of a violation of this Code where
he or she knowingly permits a gathering at a residence which he or
she occupies of two or more persons where any one or more of the persons
is under 18 years of age and the following factors also apply:
(A)
The person occupying the residence knows that any such person under
the age of 18 is in possession of or is consuming any alcoholic beverage;
and
(B)
The possession or consumption of the alcohol by the person under
18 is not otherwise permitted by this Code; and
(C)
The person occupying the residence knows that the person under the
age of 18 leaves the residence in an intoxicated condition.
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For the purposes of this section where the residence has an
owner and a tenant or lessee, there is a rebuttable presumption that
the residence is occupied only by the tenant or lessee. (See 235 ILCS
5/6-16.)
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Any person who rents a hotel or motel room from the proprietor
or agent thereof for the purpose of or with the knowledge that such
room shall be used for the consumption of alcoholic liquor by persons
under the age of 21 years shall be guilty of violating this Code.
(See 235 ILCS 5/6-16.)
