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Village of Lincolnwood, IL
Cook County
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Table of Contents
Table of Contents
The following definitions shall apply in the interpretation of this Article 2:
ALCOHOLIC LIQUOR
Any spirits, wine, beer, ale or other liquid containing more than 0.5% of alcohol by volume, which is fit for beverage purposes.
APPLICANT
Any person, whether an individual, partnership or copartnership, corporation, limited liability company, or club who submits a written application to the Local Liquor Control Commissioner for one or more alcoholic liquor licenses. "Applicant" shall not include the manager of a licensed premises unless such licensed premises is a club.
BANQUET HALL FACILITY
A business conducted on premises at which the exclusive activity is the holding of private parties for invited guests only, and where there is service for the consumption at tables of a full multiple course meal at a prearranged fixed unit price, or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold as an incident to such food services; provided that each of such private parties is prearranged under the sponsorship of a particular person or organization. Irrespective of whether there is table service or service from a buffet or smorgasbord, each invited guest must have a seat provided at a table located in the banquet hall facility.
BEER
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, porter and the like.
[Added 3-15-2016 by Ord. No. 2016-3196]
CATERER, CATERING ESTABLISHMENT, CATERING SERVICE
A business or activity, the purpose of which is the processing, preparing and serving of meals or food items for immediate off-premises consumption. This definition shall not include any business location where on-premises over-the-counter retail sale of food items occurs.
CLUB
A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; and provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
CRAFT BREWERY
A facility at which beer is manufactured, packaged, stored, distributed, and sold at retail in quantities not exceeding the maximum manufacturing limit for "brew pubs," as defined and set forth in Section 1-3.33 of the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-3.33, as may be amended. A craft brewery may include an accessory tasting room.
[Added 3-15-2016 by Ord. No. 2016-3196]
GROWLER
A refillable and resealable container with a volume capacity not less than 22 ounces and not greater than 64 ounces, that is sold by a licensed craft brewery and used for holding, transporting, and preserving beer manufactured, purchased, and filled at the craft brewery, for consumption off the premises.
[Added 3-15-2016 by Ord. No. 2016-3196]
ILCC BASSET PROGRAM
The beverage alcohol sellers and servers education and training program provided by the State Liquor Control Commission, or any similar training program which has been approved in writing as an equivalent program, in advance, by the Local Liquor Control Commissioner and the Chief of Police.
LIQUOR CONTROL ACT
The Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., as may be amended.
RETAIL SALE
The sale for use or consumption and not for resale.
SERVICE BAR
A place or location not within view of the general public where beer and wine may be poured and served through a draft system. A service bar may only be located in a kitchen, food preparation area, or wait or server station area of retail licensee who primarily serves meals (food that is prepared and served on the licensed premises and excludes the serving of snacks).
SHAREHOLDER
Any person, firm or corporation that owns or controls 5% or more of a corporation, partnership, or other business entity.
TASTING ROOM
An area that is located on the same premises as, and accessory to, a craft brewery, in which beer may be sampled and purchased in accordance with the provisions of this Article 2, but in which beer is not manufactured.
[Added 3-15-2016 by Ord. No. 2016-3196]
(A) 
It shall be unlawful to sell or offer for sale at retail in the Village any alcoholic liquor without having a retail liquor dealer's license, or to sell or offer for sale such alcoholic liquor in violation of the terms of such license, or in violation of the terms and restrictions of all applicable governmental liquor laws and regulations.
(B) 
The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a current tax period by the United States government or any of its agencies shall constitute prima facie evidence that such person is subject to the provisions of Articles 1 and 2 of this chapter.
(C) 
No alcoholic liquor may be sold by a local liquor licensee within the Village until the licensee has obtained a state liquor license for the sale at retail of alcoholic liquor and has submitted evidence thereof to Local Liquor Control Commissioner. The licensee shall maintain a valid state license throughout the entire term of the local license.
(D) 
No local liquor license shall be renewed unless evidence of the licensee's current, valid state license for the sale at retail of alcoholic liquor shall have been presented to the Local Liquor Control Commissioner. Failure to have a current, valid state license is prima facie evidence of disqualification from renewal of licensee's local license.
[Amended last 11-28-2023 by Ord. No. 2023-3732]
There shall not be more than 13 Class A licenses, zero Class A-1 licenses, six Class B licenses, zero Class B-1 licenses, one Class C license, one Class D license, one Class D-1 license, one Class E license, one Class V-E license, and zero Class F licenses issued and outstanding in any one calendar year. Not more than one Class S-E license may be issued at any one time.
[Amended 2-21-2023 by Ord. No. 2023-3661]
Applications for local liquor licenses shall be made to the Local Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club, limited liability company, or corporation, verified in a written format approved by the Village, and shall contain, without limitation, the following statements and information:
(A) 
The full name, age and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; in the case of a corporation or limited liability company, the objects for which organized, the names and addresses and date of birth and place of birth of the officers, directors, members, all persons owning directly or beneficially more than 5% of the stock of such corporation and the person acting as manager of the premises.
(B) 
The citizenship of the applicant(s), if an individual or partnership, his or her date and place of birth, and if a naturalized citizen, the time and place of his or her naturalization.
(C) 
The character of business of the applicant.
(D) 
The length of time said applicant has been in business of that character.
(E) 
The amount of goods, wares and merchandise on hand at the time application is made.
(F) 
The location and description of the premises or place of business which is to be operated under such license.
(1) 
If a leased premises, a copy of the lease shall be provided as required and shall be for a term of sufficient length to encompass the period of the license sought.
(2) 
The name and address of the owner or owners of the premises and the names and addresses of all the owners of the beneficial interest of any trust if said premises is held in trust along with a statement from such owner or owners allowing the use of the premises for such purpose if any of the owner or owners is different from the applicant.
(G) 
A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in Chapter 10, laws of the state, or the ordinances of the Village.
(H) 
Whether a previous license by any state or subdivision thereof, or by the federal government has been applied for or issued, if so where and when, or if any such license has been revoked, the reasons therefor.
(I) 
The date of incorporation if an Illinois corporation, or the date of becoming qualified under the Illinois Business Corporation Act of 1983, 805 ILCS 5/1.01 et seq., to transact business in Illinois if a foreign corporation.
(J) 
A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States, or any ordinance of the Village in the conduct of his or her place of business.
(K) 
That he or she has not received or borrowed money or anything of value, and that he or she will not receive or borrow money or anything of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days, as provided by statute), directly or indirectly from any manufacturer, importing distributor or distributor representative of any such manufacturer, importing distributor or distributor of alcoholic liquor and has not been a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor as prescribed by statute.
(L) 
If application is made on behalf of a partnership, firm, association, club, limited liability company, or corporation, then the same shall be executed by at least two members of such partnership, association or club, or limited liability company (unless such limited liability company is a single member limited liability company; in such instance only the signature of the single member is required), or the president and secretary of such corporation.
(M) 
A statement that at least one person eligible to be issued, and to sign the application for a liquor license is 21 years of age or older (e.g., officer, director, stockholder, manager, agent or partner).
(N) 
The fingerprints of an applicant for a new liquor license and of the manager or managers of each licensee, and at the discretion of the Local Liquor Control Commissioner, the fingerprints of an applicant for a renewal of a liquor license, whether said applicant be an individual or a partnership. Should the applicant be a corporation, or a limited liability company, the Local Liquor Control Commissioner may, within his or her discretion, require the following to be fingerprinted: the officers, manager or director thereof, or any member or members or stockholder or stockholders owning in the aggregate of more than 5% of the capital stock of said corporation or limited liability company. All fingerprinting shall be done by the Village's Police Department. Fingerprints shall be submitted to the appropriate state and/or federal agencies for processing as available. The cost of fingerprinting shall be recoverable from the applicant.
(O) 
Such other and further information as the Local Liquor Control Commissioner may require.
(P) 
All managers of all alcoholic liquor dealers licensed under this Chapter 10 must file applications pursuant to this Article 2 as if they were applicants for individual licenses, must meet all pertinent licensing requirements of this Article 2, and must be approved by the Local Liquor Control Commissioner. The application, approval and qualification requirements for managers shall be conditions attached to the license of the business employing them, and any violations of those requirements can result in license penalties for the employing business, including suspension, revocation, and/or fines.
(A) 
Approval. The Local Liquor Control Commissioner shall approve a local liquor license application, and issue a local liquor license to the applicant, upon the occurrence of each of the following:
(1) 
Receipt of a complete application for a new or renewal local liquor license, in accordance with Section 10-2-4 of this Code;
(2) 
The determination by the Local Liquor Control Commissioner that the application satisfies the standards and conditions set forth in this Article 2; and
(3) 
Payment of the local liquor license fee for the specific class of local liquor license sought, in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(B) 
Denial.
(1) 
Definition. For purposes of this Section 10-2-5(B) only, except as expressly provided otherwise, the term "applicant" shall include the entity or individual named on the application for a local liquor license, as well as all partners, officers, managers, directors, shareholders, and agents of the entity or individual that has applied for a local liquor license pursuant to this chapter; except that the term "applicant" shall not include the directors of a not-for-profit organization that has applied for a Class S-E local liquor license pursuant to this Article 2.
(2) 
Mandatory denial. The Local Liquor Control Commissioner shall deny any application for a new or renewal local liquor license that satisfies any of the following conditions.
(a) 
The applicant, if a sole proprietorship, or the day-to-day manager of the applicant, if a firm, partnership, corporation, or other business entity, is not either a citizen or a legal permanent resident of the United States;
(b) 
The applicant does not own the premises for which a local liquor license is sought, and does not have a lease for such premises for the full period for which the license is to be issued;
(c) 
Any law enforcing public official, or any member of the Village Board of Trustees, has a direct or indirect interest in the manufacture, sale, or distribution of alcoholic liquor in the Village by the applicant; except that this Section 10-2-5(B)(2)(c) shall not be deemed or interpreted as prohibiting the issuance of a local liquor license to a bona fide not-for-profit club or charitable organization, owned and operated by its members, one or more of which members is a law enforcing public official or a member of the Village Board of Trustees;
(d) 
The applicant has been convicted of a gambling or related offense, in violation of Article 28 of the Illinois Criminal Code of 1961, 720 ILCS 5/28-1 et seq., as amended;
(e) 
A federal wagering stamp has been issued by the federal government to the applicant or for the premises for which a local liquor license is sought, unless the applicant is eligible for a local liquor license pursuant to the Illinois Raffles Act, 230 ILCS 15/0.01 et seq., or the Illinois Pull Tabs and Jar Games Act, 230 ILCS 20/1 et seq.;
(f) 
The applicant is delinquent in the payment to the Village of any tax or payment required pursuant to this Code;
(g) 
The applicant is the subject of a complaint received by the Local Liquor Control Commission from the Illinois Department of Revenue pursuant to Section 6-3 of the Liquor Control Act,[2] alleging that the applicant has committed a violation of any tax statute administered by such Department;
[2]
Editor's Note: See 235 ILCS 5/6-3.
(h) 
The applicant is a corporation or limited liability company that is neither incorporated nor organized in Illinois, nor qualified under the Illinois Business Corporation Act of 1983, 805 ILCS 5/1.01 et seq., to transact business in Illinois;
(i) 
The application is for any premises, or is filed by any applicant, for which a license issued pursuant to this chapter has been revoked;
(j) 
The applicant has been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, or sale of alcoholic liquor;
(k) 
The applicant has been convicted of a felony under the laws of the State of Illinois or the United States, unless the Local Liquor Control Commissioner determines, after investigation, that the applicant has been sufficiently rehabilitated to warrant the public trust;
(l) 
The application is for any premises for which either: (1) the majority of customers are minors of school age; or (2) the principal use or business is the sale of school books, school supplies, or food and beverages for consumption by minors of school age; or
(m) 
The application is for any premises located within 100 feet of any religious institution, school, hospital, home for aged or indigent persons or veterans, their spouses or children, or any military or naval station; except that this Section 10-2-5(B)(2)(m) shall not apply to the following:
(i) 
Premises for which the principal use or business: (1) was established on or before, and has been continuous since, January 31, 1934; and (2) is a hotel, restaurant, or club;
(ii) 
The renewal of a local liquor license for the sale at retail of alcoholic liquor on any premises located within 100 feet of any religious institution occupied after the date of issuance of the original local liquor license, measured to the nearest part of any building used by the religious institution for worship services or educational programs; or
(iii) 
The renewal of a local liquor license for the sale at retail of alcoholic liquor on any premises located within 100 feet of any school occupied after the issuance of the original local liquor license; or
(iv) 
Religious institutions or private schools that sell alcoholic liquor at retail for limited periods during which groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
Each license issued hereunder shall terminate on April 30 following the issuance thereof.
There shall be the following classes of licenses, with annual license fees in the amounts set forth in the Annual Fee Resolution.[1]
(A) 
Class A license: retail sale for consumption on the premises.
(B) 
Class A-1 license: retail sale for consumption on the premises, by restaurants only, but only for a premises located not less than 500 feet from any property that is primarily used for residential purposes.
[Added 4-3-2018 by Ord. No. 2018-3329[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections (B) through (H) as Subsections (C) through (I), respectively.
(C) 
Class B license: retail sale in its original package, not for consumption on the premises.
(D) 
Class B-1 license: retail sale in its original package, not for consumption on the premises, only by grocery stores that receive customer orders solely through the Internet. and only for a premises located within an approved planned unit development.
[Added 11-6-2018 by Ord. No. 2018-3363[3]]
[3]
Editor’s Note: This ordinance also redesignated former Subsections (D) through (I) as Subsections (E) through (J), respectively.
(E) 
Class C license: retail sale for consumption on the premises in clubs.
(F) 
Class D license: retail sale of wine and beer only for consumption on the premises in restaurants in conjunction with the sale of food.
(G) 
Class D-1 license: retail sale and service of beer and wine only, but not for resale in any form, for consumption in a separate room within the premises operated and licensed as an ice arena. The sale, service and consumption of beer and wine must be confined to a separate room within the ice arena premises accessible only to persons 21 years of age or older. The separate room must be secured and patrolled by the liquor licensee or his or her nominee to ensure that no persons under 21 years of age are allowed in the separate room. The beer and wine shall not be stored in coolers or dispensers to which customers have access.
(H) 
Class E license: Class E licenses, which shall authorize the sale of alcoholic liquors for consumption on the premises where served and limited to invited guests at private catered functions. Such licenses shall be issued only to caterers, catering services, or catering establishments that possess a current Village business license. Caterers holding Class E licenses may serve alcoholic liquor only in conjunction with the service of meals, not snacks. The service of alcoholic liquor shall be by employees of the licensed catering business. Such licenses shall be issued only for the premises owned, operated or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. The caterer, catering service or catering establishment shall give notice in writing to the Local Liquor Control Commissioner not less than seven days prior to holding any open house or special event tasting.
(I) 
Class S-E license. The temporary retail sale of wine and beer for consumption on the premises for a period not to exceed five days. During each calendar year, a single organization may receive no more than three Class S-E licenses and no more than five Class S-E licenses may be issued during a single calendar year. All sales of alcoholic liquor made pursuant to a Class S-E license may be conducted only upon receipt of, and in strict compliance with, a special use permit license or a special event retailer's license, as the case may be, issued by the State of Illinois pursuant to the Liquor Control Act. Class S-E licensees shall grant free and unfettered access to the licensed premises at all times to officers of the Village Police Department.
(J) 
Class F license: Class F licenses, which shall authorize the sale of beer by a craft brewery, either for consumption on the premises within a tasting room, or for consumption off the premises. Class F licensees may only sell beer manufactured at the location of the sale. Beer sampling shall be permitted but only in compliance with Section 10-2-35 of this Code. Alcohol sold at retail for consumption off the premises must be delivered in containers that are sealed for transport, which containers shall not be opened or consumed in the tasting room. Class F licensees may not operate a kitchen or food preparation facility anywhere within a licensed craft brewery.
[Added 3-15-2016 by Ord. No. 2016-3196]
(K) 
Class V-E license: Class V-E licenses shall authorize the temporary retail sale of alcoholic liquor on the premises of a Village-owned park at a Village-sponsored outdoor festival, taking place during the months of June, July, or August, for a period not to exceed four days. No more than one V-E license may be issued during a single calendar year. All sales of alcoholic liquor made pursuant to a Class V-E license may be conducted only upon receipt of, and in strict compliance with, a special use permit license or a special event retailer's license, as the case may be, issued by the State of Illinois pursuant to the Liquor Control Act. Class V-E licensees shall grant free and unfettered access to the licensed premises at all times to officers of the Village Police Department.
[Added 6-21-2022 by Ord. No. 2022-3618]
[1]
Editor's Note: See Ch. A25, Fees.
All such license fees shall be paid to the Village at the time application is made. In the event the application for a retail liquor dealer's license is denied, the fee shall be returned to the applicant.
[Amended 8-18-2020 by Ord. No. 2020-3480]
(A) 
All persons to whom a liquor license has been granted pursuant to this chapter must procure and maintain an active policy of dramshop insurance throughout the term of such license, issued by a responsible insurance company authorized and licensed to do business in the state, insuring such licensee and the owner of the premises against liability in the minimum amount of $1,000,000 each for liability, one person, means of support and property damage, which such licensee may incur under the provisions of the Illinois Compiled Statutes.
[Amended 11-17-2020 by Ord. No. 2020-3496]
(B) 
No liquor license may be granted to any applicant until the applicant furnishes evidence satisfactory to the Liquor Control Commissioner that the applicant has procured and maintains the dramshop insurance policy required pursuant to Section 10-2-9(A) of this Code.
(C) 
At least once every 90 days during the term of a liquor license, the licensee must submit to the Village proof that it maintains an active dramshop insurance policy as required pursuant to Section 10-2-9(A) of this Code.
(D) 
The insurance policy or certificate of insurance providing evidence of the insurance policy shall indicate the term of the insurance policy. The insurance policy shall provide that no cancellation or modification of the policies shall occur without at least 30 calendar days' prior written notice given to the Village. In the event of cancellation of such insurance, the Local Liquor Control Commissioner shall be notified immediately of such cancellation.
The Local Liquor Control Commissioner shall keep, or cause to be kept, a complete record of all such licenses issued.
Any licensee may renew his or her license at the expiration thereof, provided that he or she is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purposes; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the Village.
In the event that the Village shall reduce the number of licenses below that number issued in the prior year and the number of applicants does not decrease such as to be equal to or less than the number of available licenses, the Local Liquor Control Commissioner may issue the available licenses on the basis of date of application, years holding prior licenses, adequate service to areas in the Village, record of violations or any other reasonable basis.
Every licensee shall cause the license to be framed and hung in plain view in a conspicuous place on the licensed premises.
In the event of the loss or destruction of a license issued pursuant to this Article 2, a duplicate license shall be issued upon written application to the Local Liquor Control Commissioner and payment of a fee in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
A license shall be a purely personal privilege, good for not to exceed one year after issuance unless sooner revoked or suspended as provided in this Article 2, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor may continue the business of the sale or manufacture of alcoholic liquor under the 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 not longer than six months after the death, bankruptcy or insolvency of such licensee.
Any changes in name, or changes in partnerships, officers, directors, members, persons holding directly or beneficially more than 5% of the stock or ownership interest, or managers of establishments licensed under this Article 2, shall be reported in writing to the Local Liquor Control Commissioner within 10 days of the change. All new personnel shall meet all the standards of this Article 2 and must otherwise qualify to hold a liquor license. The information provided shall include, but is not limited to, name, home address, sex, date of birth, Social Security number, position, and percentage of ownership (if any) not previously reported. In the event that the ownership of the licensee corporation, partnership, copartnership, limited liability company, or other non-natural person licensed by the Village is by another or other such corporations, partnerships, copartnerships, limited liability companies, or other non-natural person, such licensee must report the name, home address, sex, date of birth, Social Security number, position and percentage of ownership (if any) of the individuals holding in the aggregate more than a five-percent ownership interest in the corporation, partnership, copartnership, limited liability company, or other non-natural person. All such changes in personnel shall be subject to review by the Local Liquor Control Commissioner.
(A) 
When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, said license shall terminate.
(B) 
When a license has been issued to a corporation or a limited liability company and a change takes place in officers, directors, managers, members or shareholders, resulting in the holding of office or ownership of the corporation or company by one who is not eligible for a license, the license shall terminate.
(C) 
When a license has been issued to an individual who is no longer eligible for a license, the license shall terminate.
(D) 
At all times when a liquor license is in effect a licensee shall have on duty a manager or owner who is listed as managerial staff in the liquor license application of the licensee. When a licensee changes managers or adds additional managers, such new manager must be listed on a manager information request/update form which is filed with the Local Liquor Control Commissioner, and each manager shall be fingerprinted by the Village Police Department within 10 days of such change in personnel.
A license issued hereunder shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only when and upon the written permit to make such change shall be issued by the Local Liquor Control Commissioner. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this Article 2.
Whenever any license issued pursuant to this Article 2 has been revoked or suspended as provided for in this Code, the licensee shall not forfeit any of the monies that have been paid for said license.
When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of manufacturing, distributing or selling alcoholic liquor in the premises described in such revoked license.
(A) 
Responsible alcohol service training required. Each manager of a local liquor licensee, and each employee of a local liquor licensee who will be engaged in selling, mixing, preparing, serving or delivering alcoholic liquor to customers, guests or patrons shall, within 90 days after the manager or employee begins employment with the local liquor licensee, successfully complete an ILCC BASSET program; provided, however, that this Section 10-2-19 shall not apply to representatives of a Class S-E local liquor license.
(B) 
Proof of training. Each local liquor licensee shall maintain on the licensed premises proof of completion by each manager and employee of the local liquor licensee of the training required pursuant to this Section 10-2-19, in a manner that will allow inspection, upon demand, by any full-time, part-time, or auxiliary Village police officer or by any designee of either the State Liquor Control Commission or the Local Liquor Control Commissioner.
(C) 
Restrictions on sales by untrained personnel.
(1) 
No person shall sell, mix, prepare, serve, or deliver alcoholic liquor in the Village unless that person has successfully completed an ILCC BASSET program, as required pursuant to Section 10-2-19(A) of this Code; except that a person may sell, mix, prepare, serve, or deliver alcoholic beverages: (a) within 90 days after that person begins employment with the licensee; and (b) under the direct supervision of a manager or employee of the local liquor licensee that is at least 21 years of age and has successfully completed an ILCC BASSET program.
(2) 
No local liquor licensee shall sell, serve, or deliver any alcoholic liquor at any time at which there is not physically present on the licensed premises a manager or employee of the local liquor licensee who has successfully completed an ILCC BASSET program as required pursuant to Section 10-2-19(A) of this Code.
(3) 
Representatives of Class S-E local liquor licensees may only sell, mix, prepare, serve, and deliver alcoholic liquor if they either: (a) successfully completed an ILCC BASSET program as required pursuant to Section 10-2-19(A) of this Code; or (b) is under the direct supervision of a person who is at least 21 years of age and has successfully completed an ILCC BASSET program.
(A) 
No person licensed hereunder shall sell or permit to be sold, offer for sale or give away any alcoholic liquors except during the hours as set forth below.
(1) 
Class A license: between the hours of 9:00 a.m. and 1:00 a.m. the next day; except that the 1:00 a.m. closing hour shall be extended to 2:00 a.m. Sunday; 3:00 a.m. on New Year's Day; and 4: 00 a.m., on the Sunday on which the Orthodox Easter is observed, but only for those licensees that serve food representative of an ethnicity or nationality for which Orthodox Easter is traditionally observed.
[Amended 4-17-2014 by Ord. No. 2014-3091]
(2) 
Class A-1 license: between the hours of 9:00 a.m. and 1:00 a.m. the next day; except that the 1:00 a.m. closing hour shall be extended to 3:00 a.m. on Saturdays, Sundays, and New Year's Day.
[Added 4-3-2018 by Ord. No. 2018-3329[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection (A)(2) through (9) as Subsection (A)(3) through (10), respectively.
(3) 
Class B license: between the hours of 9:00 a.m. and 11:00 p.m. and 12:00 midnight on New Year's Eve.
(4) 
Class B-1 license: between the hours of 8:00 a.m. and 11:00 p.m.; except that the closing hour shall be extended to 12:00 midnight on New Year's Eve.
[Added 11-6-2018 by Ord. No. 2018-3363[2]]
[2]
Editor’s Note: This ordinance also redesignated former Subsection A(4) through (10) as Subsection A(5) through (11), respectively.
(5) 
Class C license: between the hours of 9:00 a.m. and 1:00 a.m. the next day; except that the closing hour shall be extended to 2:00 a.m. on New Year's Day.
(6) 
Class D license: between the hours of 11:00 a.m. and 12:00 midnight.
(7) 
Class D-1 license: between the hours of 4:00 p.m. and 12:00 midnight.
(8) 
Class E license: The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m., except that service may be made up to 2:00 a.m. on Saturday and Sunday mornings and except that the closing hour shall be extended to 3:00 a.m. on New Year's Day.
(9) 
Class S-E or V-E license: between the hours of 9:00 a.m. and 11:00 p.m.
[Amended 6-21-2022 by Ord. No. 2022-3618]
(10) 
Class F license: between the hours of 12:00 noon and 10:00 p.m.; except that the 12:00 noon opening hour shall be extended to 11:00 a.m. on Friday and Saturday mornings, and the 10:00 p.m. closing hour shall be extended to 12:00 midnight on Friday and Saturday evenings.
[Added 3-15-2016 by Ord. No. 2016-3196[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsection (A)(8) as Subsection (A)(9).
(11) 
Sundays. No alcoholic liquor may be sold on Sunday before 12:00 noon.
(B) 
Leaving the premises. All patrons, customers and all persons other than the licensee and employees thereof in the actual pursuit of their duties as such, shall leave the premises not later than 15 minutes following the closing hours herein established.
(C) 
Exception. In the case of any liquor licensee where the sale of alcoholic liquor is conducted on premises which are utilized primarily for other retail sales activities, such establishments may be kept open for business after the closing hours set forth herein, but no alcoholic liquor may be sold, offered for sale or given away after said closing hours, and no person other than the licensee and employees of the licensee in the actual active pursuit of their employment shall be permitted to remain in or upon that portion of the premises, used during opening hours, for the dispensation of alcoholic liquors.
It shall be the duty of every retail licensee to make books and records available upon request at all times for the purpose of investigation and control by the Illinois Liquor Control Commission and the Local Liquor Control Commission.
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. 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. For the purpose of preventing the violation of this Section 10-2-22, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.
(A) 
It shall be unlawful for any holder of a liquor license, or his or her agent or employee, to suffer or permit any person under the age of 21 years to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located, provided, that this Section 10-2-22(A) shall not apply to any person under the age of 21 years who is accompanied by his or her parent or guardian, or to that portion of any licensed premises which derives its principal business from the sale of service or commodities other than alcoholic liquor, or to any person of at least 18 years of age who is employed on the premises.
(B) 
It shall be unlawful for any person under 21 years of age to draw, pour, mix or serve any alcoholic liquor in any licensed retail premises.
(C) 
It shall be unlawful for any parent or guardian to knowingly permit any minor child of which he or she is parent or guardian to violate any provision of this Article 2.
Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession.
(A) 
It shall be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold. If a licensee or his or her agent or employee believes, has reason to believe, or should have reason to believe that a sale of alcoholic liquor is prohibited because of the nonage of the prospective recipient, he or she 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 or her official duties. [Reasonable care in compliance with the provisions of this Section 10-2-23(A) shall be competent evidence and may be considered in prosecution, revocation or suspension for the violation of any provision of this Article 2 relating to nonage, but shall not act as a defense or bar to prosecution, revocation or suspension for the violation of any other provision of this Article 2.]
(B) 
No person shall transfer, alter or deface such an identification card, allow another person to use his or her 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, all for the purpose of obtaining or seeking to obtain alcoholic liquor. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section 10-2-23.
(C) 
The consumption of alcoholic liquor by any person under the age of 21 years is forbidden.
(D) 
The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of such underage person in the privacy of a home, is not prohibited.
It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor.
(A) 
Licensed premises restrictions.
(1) 
No liquor licensed premises shall be operated or occupied in violation of any building, fire, health or safety code, rule, regulation, occupancy or capacity limitation established or adopted by the Village or the State of Illinois.
(2) 
Maximum capacity or occupancy restrictions shall be established for each premises licensed for on-premises consumption by the Village Fire Department under applicable life safety codes, and shall be posted in no less than two prominent locations in the particular licensed premises. Deviations from Village-approved plans shall be grounds for the withdrawal or revocation of the business license issued pursuant to Chapter 9 of this Code for such premises, and shall be grounds for the suspension or revocation of a liquor license in accordance with the procedures set forth in Article 1 of this Chapter 10.
(3) 
Banquet hall facilities must have a regular set seating capacity at tables in accordance with all applicable public health, zoning, and fire prevention ordinances and statutes. A banquet hall facility shall not have a separate outside entrance directly into any bar area. Any food preparation and service facilities in the banquet hall facility must be primarily those of a banquet hall facility. Any dancing or entertainment shall be ancillary to the banquet held in the banquet hall facility. Occupancy limits and means of ingress and egress for banquet hall facilities must be approved by the Village prior to the granting of a certificate of occupancy for a banquet hall facility. Deviations from Village-approved plans shall cause a withdrawal or revocation of the business license issued pursuant to Chapter 9 of this Code for such banquet hall facility, and shall be grounds for the suspension or revocation of a liquor license in accordance with the procedures set forth in Article 1 of this chapter.
(4) 
For any premises for which a Class B local liquor license has been issued:
(a) 
The floor area devoted to the sale of alcoholic liquor shall not exceed the lesser of 10% of the total retail sales floor area or 2,000 square feet; and
(b) 
If the principal use of the premises is the retail sale of food, there shall not be any wet bar within the retail sales area.
(B) 
Preservation of peace on licensed premises.
(1) 
It shall be the duty and responsibility of each liquor license holder, his or her employees or agents to maintain the premises in a peaceable and orderly manner so as not to allow any patron, employee or member of the public on the licensed premises to commit any act, which act is done in an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace or to commit an act which causes another person to become unconscious as a result of that act.
(2) 
Each liquor license holder shall have sufficient employees or agents on the premises to maintain the peace. Any employee, agent, or person acting on behalf of the liquor license holder shall be suitably trained to observe and be aware of persons who may become unconscious. Any employee, agent, or person acting on behalf of the liquor license holder shall be suitably trained to maintain the peace of the licensed premises, and may not act in any fashion so as to promote or aggravate situations which may result in physical altercations, fighting or other acts of an unreasonable manner so as to alarm or disturb another and provoke a breach of the peace.
(3) 
No liquor license holder, employee or agent shall knowingly permit any fighting, physical contact of an insulting or provoking nature or which causes physical harm to an individual, nor shall the liquor license holder, employee or agent knowingly permit the use of any drug, item or act causing an individual on the premises to become unconscious.
(4) 
"Premises" or "licensed premises" as used in this Section 10-2-25, shall mean the actual physical space wherein alcoholic beverages are sold to the public, any area set aside for use by the general public (restrooms, lounge), any area used by agents or employees of the liquor license holder for preparation of services (kitchen or storage facilities) and any outdoor area wherein the public is served or awaiting service or where the customers are authorized to park any vehicles and any means of ingress and egress to the parking lot or facility.
(5) 
Each liquor license holder, employee or agent who is present or observes any type of criminal activity, fighting, or notes that any person is unconscious is required to immediately notify the Village of the event by calling the Village 9-1-1 reporting number. If an individual on the premises loses consciousness or is in a state of stupor so as not be competent, each liquor license holder, employee or agent who is present shall immediately call 9-1-1 and notify the Police Department of the condition of the individual. In the event the liquor license holder, employee or agent receives a complaint from any person that someone has or had been drugged on or at the premises, the liquor license holder, employee or agent shall immediately notify the Police Department of the complaint and any other relevant information. The Police Department shall inform the Local Liquor Control Commissioner of any conduct of patrons or other persons on the premises of a liquor license establishment which results in any reports to the Police Department pursuant to this Section 10-2-25(B).
(6) 
Failure to immediately report any incident as required under Section 10-2-25(B)(5) of this Code shall subject the holder of a liquor license to the revocation or suspension of the retail liquor dealer's license in accordance with the procedures set forth in Article 1 of this Chapter 10. The occurrence of more than 10 incidents (regardless of whether these incidents occur on the same or separate days) of similar types of activity such as drugging of persons, disorderly conduct, fighting or other criminal activity which is classified as crimes against persons occur at any liquor licensed premises during the annual term of such liquor license shall constitute a public nuisance, and the Local Liquor Control Commissioner shall have the right and authority to revoke or suspend the local liquor license, issue a fine against the licensee, or to take any other legal steps necessary to prevent the recurrence of such a public nuisance.
(A) 
Except for growlers used by Class F liquor licensees for the retail sale by a craft brewery of beer for consumption off premises, and containers filled and sealed in compliance with Section 6-28.8 of the Illinois Liquor Control Act, 235 ILCS 5/6-28.8, no person licensed under this Article 2 shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor or any other potable liquid; and it shall be unlawful for any person to have in his or her possession for sale at retail any bottles, casks or other containers containing alcoholic liquors, except in original packages.
[Amended 3-15-2016 by Ord. No. 2016-3196; 6-15-2021 by Ord. No. 2021-3536]
(B) 
Each retail licensee selling malt beverages or wine on draft for consumption on the premises shall display a sign on, over or near each tap or faucet showing the trademark, brand or name of the alcoholic liquor. This sign must be visible to patrons for a distance of at least 10 feet unless it is a service bar as defined herein. Pursuant to this Section 10-2-26(B), no licensee shall substitute any other brand of malt beverages or wine in place of the brand designated by such visible sign, and the licensee shall be prepared at all times to serve any malt beverages or wine that are advertised by such sign or signs upon the premises.
It shall be unlawful for any local liquor licensee, his or her manager or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon to engage, employ or permit the engagement or employment of any person, nor shall any person be permitted to remain on said premises who shall solicit any patron or customer thereof to purchase alcoholic or nonalcoholic liquor.
No local liquor licensee shall deny or permit his or her agents and 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.
No person shall sell or furnish alcoholic liquor at retail to any person on credit or on a passbook, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered; and if any person shall extend credit for such purpose, the debt thereby attempted to be created shall not be recoverable at law; provided that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of said club; and provided further that nothing herein contained shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by regular guests residing at said hotel and charged to the accounts of said guests; and provided further that nothing herein shall be construed to prevent payment by credit card or other credit device for the purchase of liquor in the original package or container for consumption off the premises.
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 in compliance with all applicable Village ordinances regulating the condition of premises used for the storage or sale of food for human consumption and with the sanitation regulations imposed by the Illinois Liquor Control Commission.
It shall be unlawful to employ in any premises open to the public or engaged in the transportation, processing, preparation or packaging of food or beverages any person who the employer knew or should have known based upon reasonable observation was afflicted with, or who is a carrier of, any contagious or infectious disease; and it shall be unlawful for any person who knew or should have known that he or she was afflicted with or a carrier of any such disease to work in or about any such premises.
It shall be unlawful to peddle alcoholic liquor in the Village.
[Amended 3-15-2016 by Ord. No. 2016-3196; 6-15-2021 by Ord. No. 2021-3536]
No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle, except: (A) in the original package with the seal unbroken; (B) in accordance with Section 6-33 of the Illinois Liquor Control Act of 1934, 235 ILCS 5/6-33, with respect to unsealed and partially consumed bottles of wine; (C) in a growler sold, filled, and sealed for transport at a Class F licensed craft brewery; and (D) in accordance with Section 6-28.8 of the Illinois Liquor Control Act, 235 ILCS 5/6-28.8, with respect to carry out and delivery of mixed drinks and single servings of wine.
A club or a veterans' organization may lease its facilities for use by persons not members of the club, but not for more than 100 days in any year. The club shall be held responsible by the Village for compliance with all the ordinances of the Village by any such lessee while on the premises, and during the period of such lease.
(A) 
Local liquor licensees may conduct product sampling for consumption at a licensed retail location. Class B licensees shall not conduct product sampling except upon the prior written approval of the Local Liquor Control Commissioner.
(B) 
All product sampling conducted pursuant to this Section 10-2-35 must be attended by and supervised by a person 21 years old or older, who must be either a full-time or part-time employee of the local liquor licensee or a representative of an alcoholic beverage distributor.
(C) 
Class F licensees may not serve any wine or distilled spirits, nor more than 12 ounces of beer, in any serving of alcoholic beverages provided pursuant to this Section 10-2-35. All other licensees may not serve more than one ounce of wine, three ounces of beer, or 1/2 ounce of distilled spirits in any serving of alcoholic beverages provided pursuant to this Section 10-2-35.
[Amended 3-15-2016 by Ord. No. 2016-3196]
(D) 
Not more than eight ounces of wine, 12 ounces of beer, and three ounces of distilled spirits may be served pursuant to this Section 10-2-35 to a consumer in one day.
[Amended 3-15-2016 by Ord. No. 2016-3196]
(E) 
Class E licensees may conduct not more than 12 on-premises open houses or special events per calendar year at which the licensee may conduct alcoholic liquor product sampling.
(F) 
All product sampling conducted pursuant to this Section 10-2-35 shall be performed in accordance with this Article 2, Section 6-31 of the Liquor Control Act,[1] and any additional restrictions imposed by the Local Liquor Control Commissioner.
[1]
Editor's Note: See 235 ILCS 5/6-31.
(A) 
No alcoholic beverage shall at any time be sold or distributed for any tangible consideration in or about the Village of Lincolnwood Community Center, located at 6900 North Lincoln Avenue, Lincolnwood, Illinois (the "Community Center").
(B) 
No alcoholic beverages shall be dispensed, served or consumed in or about the Community Center, unless an appropriate permit therefor has been issued by the Village Director of Parks and Recreation and the Local Liquor Control Commissioner to any entity renting the Community Center, and in accordance with the following:
[Amended 10-16-2012 by Ord. No. 2012-3020]
(1) 
An application for permit to serve alcoholic beverages shall have been presented to the Director of Parks and Recreation no later than 60 days prior to the date for which a permit is sought, which application shall contain, without limitation, the following information.
(a) 
The name of the applicant;
(b) 
The date, time and the occasion for which the Community Center has been rented by the applicant;
(c) 
The name of the organization, person or persons having charge or control of the occasion at which an alcoholic beverage is sought to be served or dispensed (the "renter");
(d) 
The nature of such occasion and the time period during which the alcoholic beverages will be served or dispensed;
(e) 
A description of the alcoholic beverages to be served or dispensed, and their place of purchase;
(f) 
The number of persons expected to be present at the occasion; and
(g) 
The date of birth of the applicant (the applicant and the renter must be at least 25 years of age).
(2) 
A nonrefundable administrative fee, in the amount set forth in the Annual Fee Resolution, is due at the time of submission of the permit application.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(3) 
The renter shall obtain special event and general liability insurance in an amount not less than $2,000,000 for each policy of insurance. Evidence of such insurance is required seven days prior to the rental date. The Village must be listed as an additional certificate holder thereunder.
(4) 
The renter will indemnify and hold the Village harmless from any and all actions, claims, suits or otherwise with respect to the service or dispensation of the alcoholic beverages.
(5) 
The renter must leave the Community Center no later than 11:45 p.m.
(6) 
No alcoholic beverage that contains more than 20% alcohol content shall be permitted to be served or dispensed at the Community Center.
(C) 
Upon review of the application, the Local Liquor Control Commissioner and the Department of Parks and Recreation shall determine, not later than seven days prior to the proposed date identified in the permit application, whether the requested permit shall be issued. In the event the Local Liquor Control Commissioner and the Director of Parks and Recreation determine that a permit application is to be rejected, the basis for such rejection shall be provided in writing to the applicant.
(D) 
The Local Liquor Control Commissioner and the Village Board may from time to time establish additional rules, regulations and restrictions relating to the serving, dispensing and use of alcoholic beverages at the Community Center including, but not limited to, disposal and cleanup procedures.
[Amended 11-16-2021 by Ord. No. 2021-3574]
(A) 
Definitions. When used in this Section 10-2-37, the following terms shall have the meanings set forth in this Section 10-2-37(A), except when the context clearly indicates otherwise.
CONVEYANCE
Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.
GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST
To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering.
ILLICIT DRUGS
Any drug, substance or compound, prohibited by law, including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed.
PARENT
Any person having legal custody of a juvenile: (1) as a natural, adoptive parent, or stepparent; (2) as a legal guardian; or (3) as a person to whom legal custody of the juvenile has been given by order of the court.
REASONABLE STEPS
Actions that, if taken, would be expected to avoid or prevent a prohibited gathering, as provided in Section 10-2-37(B) of this Code, which may include but are not limited to: controlling access to controlled substances at the gathering; controlling the quantity of controlled substances present at the gathering; verifying the age of persons attending the gathering by inspecting drivers licenses or other government-issued identification cards to ensure that controlled substances are not illegally possessed or consumed at the gathering; supervising the activities of all persons under age 21 at the gathering; and calling for police assistance in the event any person is illegally in possession of, or is illegally consuming, any controlled substance at the gathering.
RELIGIOUS CEREMONY
The possession, consumption and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rite or religious ceremony.
RESIDENCE or PREMISES
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.
UNDERAGE PERSON
Any individual under 21 years of age.
(B) 
Prohibited gatherings.
(1) 
It is unlawful for any person to host, or fail to take reasonable steps to prevent, a gathering in any location over which that person has control or a reasonable opportunity for control and at which alcoholic beverages or illicit drugs have been illegally possessed or consumed by underage persons, if such person either knew or reasonably should have known that underage persons would illegally possess or consume alcoholic beverages or illicit drugs.
(2) 
A person who hosts a gathering shall be deemed to be a person who knew or should have known that persons under 21 years of age would illegally possess or consume alcoholic beverages or illicit drugs at the gathering if such person is present at the site of the gathering at the time any underage person illegally possesses or consumes an alcoholic beverage or illicit drug, unless such person has taken appropriate reasonable steps to prevent the illegal possession or consumption of alcoholic beverages or illicit drugs by underage persons.
(3) 
It is the duty of any person who hosts a gathering in any location over which that person has control or a reasonable opportunity for control to take appropriate reasonable steps to prevent the illegal possession or consumption of alcoholic beverages or illicit drugs at the gathering by underage persons.
(4) 
A person who hosts a gathering does not have to be present at the gathering to be liable pursuant to this Section 10-2-37(B).
(C) 
Safe harbor. A person who hosts a gathering shall not be in violation of Section 10-2-37(B) of this Code if he or she either.
(1) 
Seeks assistance from the Village Police Department or other law enforcement agency to either remove any underage person who refuses to abide by the person's performance of the duties imposed by this Section 10-2-37, or to terminate the gathering because the person has been unable to prevent underage persons from illegally possessing or consuming alcoholic beverages or illicit drugs at the gathering despite having taken appropriate reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering; or
(2) 
Advises law enforcement in advance of departing the person's residence that the owner will be away and that no underage person is authorized to be present or to illegally possess or consume alcoholic beverages or illicit drugs at the residence.
(D) 
Exception. This Section 10-2-37 shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underage person and his or her parent or legal guardian, as permitted by state law.
(A) 
Unless otherwise provided in this Chapter 10, any person violating any provision of this Article 2 shall be fined the amount set forth in the Annual Fee Resolution for each offense.[1] Unless otherwise provided in this Chapter 10, a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: See Ch. A25, Fees.
(B) 
In addition to other penalties imposed by Articles 1 and 2 of this chapter, any licensee or employee of a licensee found by a court or the Local Liquor Control Commissioner to have violated any regulation of Articles 1 or 2 of this chapter shall be required to again complete an ILCC BASSET program as described in Sections 10-2-19 of this Code.
[Added 6-15-2021 by Ord. No. 2021-3536]
Class A, A-1, B, and C licensees may sell mixed drinks and single servings of wine for consumption off the premises and Class D licensees may sell single servings of wine for consumption off the premises, but only as permitted by, and in strict compliance with, the applicable provisions of the Illinois Liquor Control Act, including without limitation Section 6-28.8 thereof (235 ILCS 5/6-28.8), as may be amended.