No person shall sell or offer for sale at retail in the Village
any alcoholic liquor without having a retail liquor dealer's license.
[Amended 3-23-2015 by Ord. No. 15-11]
Every person, firm or corporation engaged in the retail sale
of alcoholic liquor in the Village shall pay an annual license fee.
The licenses shall be divided in six classes, and the license fees
shall be as follows:
A.
Class A license. A Class A license shall authorize the sale of alcoholic
liquor for consumption only on the premises where sold.
B.
Class A-1 license. A Class A-1 license shall authorize the sale on
premises specified of alcoholic liquor for consumption on the premises,
as well as other retail sales of beer and wine in the original package
and not for consumption on the premises. Any display of beer and wine
for retail in the original package shall not exceed an area of 36
square feet in the licensed premises and no advertising of retail
sales of package goods shall be carried on other than the price of
the package being attached to the display area.
C.
Class B license. A Class B license shall authorize the sale of alcoholic
liquor only in original packages and not for consumption on the premises
where sold, which premises shall not be located on property or in
a building that is used, in whole or in part, for residential purposes,
except as otherwise approved by the Liquor Control Commissioner in
connection with an approved mixed-use planned unit development.
D.
Class C license. A Class C license shall be issued only to restaurants
engaged primarily in selling and serving meals and which shall authorize
the sale of alcoholic liquors on the premises. The sale and service
of alcoholic liquor must be served at tables where meals are served,
or at a bar or counter, provided that the percentage of sales related
to alcoholic liquors cannot exceed 30% of the total retail sales of
the restaurant; and any bar area must be specifically identified as
such in the license.
E.
Class D license. A Class D license shall only be issued for (1) special
public or private events sponsored by civic, fraternal, political
subdivisions or religious organizations or (2) for private, invitation-only
events for any business, organization, citizen or resident of the
Village in connection with a picnic, carnival, banquet, wedding, party
or other special event and shall authorize the retail sale of alcoholic
beverages for consumption on the premises specified. Class D licenses
may be granted to an applicant on a temporary basis for a single event
for up to 48 hours or be issued annually to an applicant and authorize
said applicant to conduct multiple special events up to a maximum
of 15 days per licensed premises in any twelve-month period. The dates
of such special events shall be listed in the application materials
or shall be disclosed no less than five days prior to any such event.
Applications must be filed with the Village Clerk at least five days
prior to any special event in connection with which same is issued.
F.
Class F catering license. A Class F license shall authorize a catering
business with its business license location either within or without
the Village to sell alcoholic liquor at retail for consumption on
the premises where sold only in connection with scheduled special
functions such as banquets, wedding receptions, and other private
party functions where meals are served by the licensee and where the
service of alcoholic beverages is primarily incidental and complementary
to the service of such meals. No retail sale of alcoholic liquor shall
be made at any time to the general public (other than to those in
attendance at the banquets, wedding receptions, or other party functions).
An applicant for a Class F license shall furnish a copy of its State
of Illinois catering liquor license.
|
Schedule of Fees
| |
|---|---|
|
License Classification
|
License Fee
|
|
Class A
|
$600 per year
|
|
Class A-1
|
$600 per year
|
|
Class B
|
$600 per year
|
|
Class C
|
$400 per year
|
|
Class D
|
$25 per event or $200 for annual license*
|
|
Class F
|
$50 per day or $250 per year
|
|
*
|
Political subdivisions shall be exempt from the Class D license
fee.
|
[Amended 5-14-2012 by Ord. No. 12-09]
A.
The number of licenses that shall be granted within the Village shall
be limited as follows:
|
License Classification
|
Number of Licenses Available
|
|---|---|
|
Class A
|
2
|
|
Class A-1
|
4
|
|
Class B
|
5
|
|
Class C
|
5
|
|
Class D
|
*
|
|
Class F
|
*
|
|
*
|
No limit is placed under this section upon the number of Class
D and F licenses. These licenses are limited in duration and restricted
as otherwise set forth in this chapter. The Board of Trustees may
further modify the number of Class A, A-1, B, and C licenses available
as it deems fit and in the best interests of the Village.
|
[1]
Editor's Note: This ordinance increased the maximum number
of available Class A licenses upon the issuance by the Liquor Commissioner
of a license to a qualified and valid applicant on or before 3-30-2016.
If no such license shall be approved by said date, the number of available
Class A licenses shall revert to 0.
[2]
Editor's Note: This ordinance increased the maximum number
of Class C licenses upon the issuance by the Liquor Commissioner of
a license to a qualified and valid applicant on or before 1-31-2017.
If no such license shall be approved by said date, the number of available
Class C licenses shall revert to three.
[3]
Editor's Note: This ordinance increased the maximum number
of Class A licenses upon the issuance by the Liquor Commissioner of
a license to a qualified and valid applicant on or before 1-31-2020.
If no such license shall be approved by said date, the number of available
Class A licenses shall revert to one.
[4]
Editor's Note: This ordinance increased the maximum number
of Class C licenses contingent upon the issuance by the Liquor Commissioner
of a license to a qualified and valid applicant on or before 1-31-2022.
[5]
Editor's Note: This ordinance increased the maximum number
of Class B licenses, contingent upon the issuance by the Liquor Commissioner
of a license to a qualified and valid applicant on or before 11-30-2022,
and also increases the maximum number of Class C licenses contingent
upon the issuance by the Liquor Commissioner of a license to a qualified
and valid applicant on or before 11-30-2022. If no such license shall
be approved by said date, the number of available Class B licenses
shall revert to four, and the number of available Class C licenses
shall revert to four.
B.
Termination by dormancy. A license shall be rendered dormant and
shall abate when the licensed premises have been closed or when no
alcoholic liquor has been sold or served on the premises for 60 days,
and no request for transfer to a new location or request for an extension
of time has been received by the Liquor Control Commissioner. A license
shall be rendered dormant and shall abate immediately when a licensee
sells or otherwise conveys the licensed premises, and such license
shall be deemed to have been surrendered to the Liquor Control Commissioner.
Upon a determination of abatement by the Commissioner, the number
of licenses in the class of the license that has been rendered dormant
shall be reduced by one.
A.
Application for a license required by this chapter shall be made
to and filed with the Liquor Control Commissioner or his or her designee.
It shall be in writing, signed by the applicant if an individual or
a duly authorized agent thereof if a corporation, and verified by
oath or affidavit. It shall be accompanied by a nonrefundable filing
fee of $200. However, there shall be no application fee for Class
D or Class F liquor licenses.
B.
The application shall be presented not less than 30 days prior to
the date issuance is desired and shall contain at least the following
and other information necessary to evaluate the application:
(1)
For all applicants (including partners, stockholders, managers, agents
as set forth in this section), the full name, including middle initial,
date of birth, social security number, the last two home addresses
and current work address and home and work telephone numbers; in the
case of a partnership, the persons entitled to share in the profits
thereof; in the case of a corporation, the date of incorporation,
the state of incorporation, and if the state is a state other than
Illinois, the date upon which the corporation was certified as a foreign
corporation entitled to conduct business in Illinois, the names and
addresses of the officers and directors, the names and addresses of
all stockholders if the total number of stockholders is 20 or less,
or if the number of stockholders is 21 or more, only those stockholders
owning more than 5% interest in the corporation shall be required
to be listed; in all cases, the names and additional information required
in this section for any and all managers or agents conducting the
business;
(2)
The citizenship of the applicant, his or her place of birth, and
if a naturalized citizen, the time and place of his or her naturalization:
(3)
The type of business of the applicant and, in the case of a corporation,
the objects for which it was formed, plus a detailed business plan
setting forth the nature and use of the prospective licensed premises.
The Liquor Control Commissioner may, as a prerequisite to completing
the review of any application, require the applicant to supplement
such detailed business plan (including the delivery of floor plans
for the prospective licensed premises) so as to establish clear representations
regarding the proposed operations of the prospective licensed premises
and the types of alcoholic beverages and other items to be sold or
served thereon. The Liquor Control Commissioner shall be deemed to
have relied on the detailed business plan in the issuance of any license
under this chapter;
(4)
The length of time that the applicant has been in business of that
character or, in case of a corporation, the date on which its charter
was issued;
(5)
The location and description of the premises or place of business
which is to be operated under the license and the specific name of
the business;
(6)
A statement whether the applicant has made similar application for
a similar other license on premises other than described in this application,
and the disposition of the application;
(7)
A statement that the applicant has never been convicted of a felony
and is not disqualified to receive a license by reasons of any matter
or thing contained in this Code, laws of this state, or the ordinances
of this Village;
(8)
Whether a previous license by any state or subdivision thereof or
by the federal government has been revoked and the reasons therefor;
(9)
A statement that the applicant will not violate any of the laws of
the state or of the United States or any ordinances of the Village
in the conduct of his or her place of business;
(10)
A statement as to whether the premises for which a license is
sought comprise a store or other place of business where the majority
of customers are under the age of 21 years or where the principal
business transacted consists of the sale of school books, school supplies,
food, lunches, or drinks for such customers;
(11)
A statement as to whether the applicant is a permanent resident
of the Village;
(12)
A statement as to whether the applicant beneficially owns the
premises for which a license is sought or has a lease thereon for
the full period for which the license is to be issued;
(13)
A statement as to whether the applicant is the beneficial owner
of the business to be licensed;
(14)
A statement as to whether the applicant will be personally,
actively involved in the operation of the business to be licensed;
(15)
A statement as to whether the business is or will be managed
by a manager or agent and, if so, statements from every such manager
or agent to the same extent as required from every individual applicant;
(16)
A statement as to the nature of the business and the amount
of anticipated alcoholic liquor sales as a percentage of gross annual
sales of the business;
(17)
A statement that the applicant is not disqualified from receiving
a license by reason of any matter or item contained in the laws of
the State of Illinois, this chapter, or any other code or ordinance
of the Village;
(18)
The Illinois Retailers Occupation Tax number currently assigned
to the business or individual and a statement that the business or
individual is not currently delinquent in payments to the Illinois
Department of Revenue, Village, or any other governmental entity:
(19)
Certifications from the appropriate County Health Department
and the Village Building and Zoning Department indicating that the
proposed licensed premises comply with the regulations and ordinances
of the departments.
C.
Once an application for a license has been denied, either because
the applicant did not qualify or there were no liquor licenses currently
available for issuance, the application shall no longer be considered
to be on file after the applicant has received notice of the denial
of the issuance of a license.
A.
The 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 or her information
in the performance of his or her duties, and for such purpose to issue
subpoenas which shall be effective in any part of the state. For the
purpose of obtaining any of the information desired by the Liquor
Control Commissioner under this section, the Commissioner may authorize
his or her agent to act on his or her behalf, as provided by statute.
B.
By applying for a liquor license, every applicant authorizes any
person to disclose, and the Village to investigate, all information
pertaining to the applicant's application. Every applicant waives
any and all claims against the Village, and agrees to indemnify and
hold harmless the Village and its elected and appointed officials,
officers, boards, commissioners, attorneys, employees, and agents
from any and all claims resulting from or arising out of, or alleged
to result from or arise out of, the aforesaid activities. Every applicant
will consent to and sign any written authorization, waiver, and/or
indemnification agreement as the Village may require in connection
with the aforesaid activities.
All license fees shall be paid to the Liquor Control Commissioner
at the time application is made and shall be forthwith turned over
to the Village Treasurer. In the event the license applied for is
denied, the license fee shall be returned to the applicant, but not
the nonrefundable filing fee of $200.
A.
No licenses required by this chapter shall be issued to:
(1)
A person who is not a resident of the Village of Coal City;
[Amended 10-23-2019 by Ord. No. 19-35]
(2)
A person who is not of good character and reputation in the community
in which he or she resides;
(3)
A person who is not a citizen of the United States;
(4)
A person who has been convicted of a felony under any federal or
state law unless the Liquor Control Commissioner determines that such
person has been sufficiently rehabilitated to warrant the public trust
after considering matters set forth in such person’s application
and the Commissioner’s investigation. The burden of proof of
sufficient rehabilitation shall be on the applicant;
[Amended 7-27-2016 by Ord. No. 16-16]
(5)
A person who has been convicted of keeping a place of prostitution
or keeping a place of juvenile prostitution, promoting prostitution
that involves keeping a place of prostitution or promoting juvenile
prostitution that involves keeping a place of juvenile prostitution;
[Amended 7-27-2016 by Ord. No. 16-16]
(6)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality;
(7)
A person whose license issued under this chapter has been revoked
for cause or whose liquor license issued under state law or other
municipal ordinance was revoked for cause;
(8)
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license upon a first
application;
(9)
A
person whose place of business is conducted by a manager or agent,
unless such manager or agent possesses the same qualifications required
of the licensee;
[Added 10-23-2019 by Ord. No. 19-35[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
A(9) through (19) as Subsection A(10) through (20), respectively.
(10)
A copartnership, unless all the members owning more than 5%
of the aggregate limited partner interest of such copartnership are
qualified to obtain a license notwithstanding any such member's residency
status within the Village of Coal City;
[Amended 10-23-2019 by Ord. No. 19-35]
(11)
A corporation or limited-liability company, 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 a license under this chapter for any reason other than residence within the Village of Coal City as provided in Subsection A(1) above;
[Amended 7-27-2016 by Ord. No. 16-16; 10-23-2019 by Ord. No. 19-35]
(12)
A corporation or limited-liability company unless it is incorporated
or organized in Illinois, or unless it is a foreign corporation or
foreign limited-liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company Act to transact
business in Illinois;
(13)
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;
(14)
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 this chapter, or has forfeited
his or her bond to appear in court to answer charges for any such
violation;
(15)
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;
(16)
Any law-enforcing public official, the Village President, or
any member of the Village Board of Trustees or employee of the Village;
(17)
A person who is not a beneficial owner of the business to be
operated by the licensee;
(18)
A person who has been convicted of a gambling offense, as provided
by law;
(19)
(20)
A person who intends to sell alcoholic liquors for use or consumption
on his or her licensed retail premises who does not have liquor liability
insurance coverage for that premises in an amount that is at least
equal to the maximum liability amounts set forth in this chapter.
B.
In addition to other grounds specified in this section, the Liquor
Control Commissioner, on complaint of the State Department of Revenue,
shall refuse the issuance or renewal of a license, or suspend or revoke
such license, for any of the following violations of the Retailers
Occupation Tax Act:
(1)
Failure to make a tax return;
(2)
The filing of a fraudulent return;
(3)
Failure to pay all or part of any tax or penalty finally determined
to be due;
(4)
Failure to keep proper books and records;
(5)
Failure to secure and display a certificate or subcertificate of
registration;
(6)
Willful violation of any rule or regulation of the State Department
of Revenue relating to the administration and enforcement of tax liability.
C.
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 when
the majority of customers are less than 21 years of age or when the
principal business transacted consists of school books, school supplies,
food, lunches, or drinks for such customers.
D.
No license shall be issued for the purpose of selling or offering
for sale at retail any intoxicating liquor in any dwelling house,
flat, or apartment building.
E.
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet of any church, school other than an institution
of higher learning, hospital, home for 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 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, or to the renewal of a license for the sale
at retail of alcoholic liquor on premises within 100 feet of any church
or school where such church or school has been established within
such 100 feet since the issuance of the original license. In the case
of a church, the distance of 100 feet shall be measured to the nearest
part of any building used for worship services or educational programs
and not to property boundaries. In all other instances, the distance
of 100 feet shall be measured from property line to property line.
Each license issued under this chapter shall, unless terminated,
revoked, or suspended, expire on April 30 following the issuance thereof;
provided, however, that a Class D license, as designated above, shall
be valid for a forty-eight-hour period beginning at 12:01 a.m. on
the date specified therein or for a lesser period as required by the
license, and a Class F license shall be valid for not more than an
eight-hour period and only between the hours of 11:00 a.m. and 11:00
p.m. The normal licensing period shall be from May 1 through April
30 of each year, unless a license is issued or terminated at some
other time during the year for individual circumstances.
Every licensee shall cause his or her current license or licenses
to be framed and hung in plain view of the public in a conspicuous
place on the licensed premises.
A.
A license issued under this chapter shall permit the sale of alcoholic
liquor only on the premises described in the application and in the
license issued thereon (and only one location shall be so described
in each license).
B.
After a license has been granted for a particular premises, the Liquor
Control Commissioner, upon proper showing, may endorse upon any license
permission to abandon the premises therein described and move therefrom
to other premises approved by the Commissioner. In order to obtain
such approval, the licensee shall file with the Liquor Control Commissioner
a request in writing and a statement under oath which shall show that
the proposed new location is a proper one for the retail sale of alcoholic
liquor under the Liquor Control Act, this chapter, and all other ordinances
of the Village.
Subject to the limitation on the number of licenses which may
be issued and the making of such additional payment as may be necessary
to meet license fee requirements in case of a change to a higher-fee
class of license, a change may be requested and made from one class
of license to another upon renewal or reissuance of a license.
A.
A license issued under this chapter shall be a purely personal privilege,
good for a period not to exceed one year after issuance or for up
to 48 hours for a Class D license or for up to eight hours for a Class
F license (unless sooner revoked or terminated as provided in this
chapter) and shall not constitute property, nor shall it be subject
to attachment, garnishment, or execution, nor shall it be assignable
or transferable, voluntarily or involuntarily, or subject to being
encumbered or hypothecated.
B.
Such license shall cease and terminate upon the death of the licensee,
and shall not descend by the laws of the state of intestate succession;
provided, however, that the executor or administrator 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 under
the order of a court of competent jurisdiction, 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 in no event for a period longer than six months
after the death, bankruptcy or insolvency of such licensee. The executor
or administrator of the estate or a business representative of any
deceased owner, partner, or shareholder owning 5% or more of a licensed
business shall immediately notify in writing the Liquor Control Commissioner
of such death, and indicate what changes in ownership and/or management
will result from the death.
A license may be issued to two or more persons jointly and in
case of the death of one of such joint licensee, the surviving licensee
shall succeed to all the rights therein by the right of survivorship.
A.
Any licensee may apply for renewal of his or her license at the expiration
thereof, provided that such licensee is then qualified to receive
a license and the premises for which such renewal license is sought
are suitable for the purpose; provided, further, that the opportunity
to apply for renewal shall not be construed as a vested right which
shall in any case prevent the President and Board of Trustees from
decreasing the number of licenses to be issued within the Village
or to be issued within the Village within any class.
B.
All applications for renewal and payment of the annual license fee
shall be submitted to the Village Clerk not later than April 1 of
each year. There shall be no charge for a renewal application, unless
there is a material change in the applicant's circumstances, including
the designation of a new manager.
C.
If any licensee, except a Class D license, shall cease the operation
of the licensed premises, including the serving of liquor, under the
terms of his or her license for any period exceeding 30 days without
first obtaining written approval from the Liquor Control Commissioner,
then the liquor license for that business shall be null and void.
The Liquor Control Commissioner may grant approval for a longer period
of time only following submission of evidence of good cause for the
cessation of operations. The Liquor Control Commissioner may establish
a required date by which operation of the business, including the
serving of liquor, shall resume.
A.
Any changes in partnerships, officers, directors, persons holding
directly or beneficially more than 5% of the stock of a corporation
or ownership interest, or managers of establishments licensed under
this chapter shall be reported, in writing, to the Liquor Control
Commissioner within 10 days after the change. All new personnel shall
meet all the standards of this chapter and shall otherwise qualify
to hold a liquor license. All such changes in personnel shall be subject
to review by the Liquor Control Commissioner.
B.
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, the license shall terminate immediately.
C.
When a license has been issued to a corporation and a change takes
place in the management thereof or in the officers, directors, or
shareholders of more than 5% of the stock, resulting in the holding
of office or such shares of stock by one who is not eligible for a
license, the license shall terminate immediately.
D.
When a license has been issued to an individual who becomes or is
no longer eligible for a license, the license shall terminate immediately.
No licensee licensed under the provisions of this chapter shall
deny or permit his or her agents and employees to deny any person
the full and equal enjoyment of the accommodation, 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.
The licensee and his or her agents, officers, and employees
shall at all times be personally responsible for the proper operation
of the business, including compliance with the provisions of this
chapter and the observation of all laws and regulations applicable
thereto.
The President shall keep or cause to be kept a complete record
of all licenses issued by him or her and shall furnish the Village
Clerk, the Village Treasurer, and the Chief of Police each with a
copy thereof upon the issuance of any new license, and shall notify
each of the officers in writing upon the issuance of any new license
or revocation of any old license.
A person, club, firm, or corporation not having a license shall
not sell or offer for sale any alcoholic liquor for consumption on
the premises where sold or permit the same to be consumed on the premises
where sold.
