This article shall be known, cited, and referred to as the "Bannockburn
Liquor Control Ordinance."
[Amended 7-10-2017 by Ord. No. 2017-22]
For the purposes of this Article X, the following words and phrases shall have the following meanings:
The product of distillation of any fermented liquid, whether
rectified or diluted, whatever may be the origin thereof, including
synthetic and ethyl alcohol, but not including denatured or wood alcohol.
Any alcohol, spirits, wine or beer and every liquid or solid,
patented or not, containing alcohol, spirits, wine or beer, and capable
of being consumed as a beverage by a human being. The provisions of
this article shall not apply to alcohol used in the manufacture of
denatured alcohol produced in accordance with acts of Congress promulgated
thereunder, nor to any beverage containing not more than 1/2 of 1%
of alcohol by volume.
A beverage obtained by the alcoholic fermentation of an infusion
or concoction of barley, malt, ale, stout, lager beer, porter, and
the like.
A corporation organized under the laws of the state, solely
for the promotion of some common object other than the sale or consumption
of alcoholic liquors, which shall have been in operation in the Village
for one year prior to applying for a liquor license, 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 an
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 for cooking, preparing, and serving food and meals for
its members and their guests; provided that the club files with the
Local Liquor Control Commissioner, at the time of its application
for a license under this article, two copies of a list of names and
residences of its members, and similarly files within 10 days of the
election or acceptance of any additional member the name and address
of the additional member; and further provided 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 the members of the club or its guests, beyond
the amount of any 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. The membership of a private
tennis and racquetball facility may in some cases be, but is not necessarily,
a club as defined in this article.
Every building or other structure kept, used, maintained,
advertised, and held out to the public to be a retail store that does
not have an on-staff pharmacist and only sells food and other non-food
items and which has been authorized by a special use permit pursuant
to the Bannockburn Zoning Code.[1]
Every building or other structure kept, used, maintained,
advertised, and held out to the public to be a retail store that primarily
sells food and incidentally sells other non-food items, including
but not limited to pharmaceutical sales dispensed by an on-staff pharmacist,
and which has been authorized by a special use permit pursuant to
the Bannockburn Zoning Code.[2]
Every building or other structure kept, used, maintained,
advertised, and held out to the public to be a place where sleeping
accommodations are offered to transient travelers and guests and which
has been authorized by a special use permit pursuant to the Bannockburn
Zoning Code.[3]
Any public place that is not a restaurant as defined herein,
where food service is available for consumption on-premises, and where
the service of alcoholic beverages is in addition to or incidental
and complementary to the food service.
Any bottle, flask, jug, can, cask, barrel, keg, hogshead,
or other receptacle or container whatsoever, used, corked, or capped,
sealed, and labeled by the manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
A designated area adjacent to a restaurant that is specifically
authorized in the approval documents for a Class D-1 liquor license
as being intended for sitting, eating and drinking, or similar activities.
A paved or surfaced level plane attached to or closely adjacent
to a grocery store and a grocery store with pharmacy that is constructed
entirely at, or within six inches of, the average level of the adjoining
grade and is intended to be used for sitting, eating and drinking,
or similar activities.
Any individual, firm, club, partnership, corporation, company,
association, joint venture, or joint-stock company. Whenever used
in a clause describing or imposing a fine or term of imprisonment,
or both, the term "person" shall mean the partners, members, directors,
or officers thereof.
Any public place kept, used, maintained, advertised, and
held out to the public as a place where meals are served, and where
meals are actually and regularly served, at tables, without sleeping
accommodations, with adequate and sanitary kitchen and dining room
equipment and capacity and having employed therein a sufficient number
and kind of employees to prepare, cook, and serve to its customers
or guests complete meals, including dinner or luncheon menus, at which
the service of alcoholic beverages is incidental and complementary
to the service of the meals. No lounges, diners, drive-ins, or self-service
or carry-out establishments are included hereunder.
A separate area associated, managed and operated in conjunction with a restaurant, as defined above, containing seats numbering not more than 25% of the seating capacity of the associated restaurant, to be used primarily for restaurant patrons waiting to be seated in the associated restaurant, and secondarily for other patrons, whether or not incidental and complementary to the service of meals or food, but only to patrons who are seated. No premises containing a bar counter at which patrons may be served is included hereunder, nor are limited-service establishments, including, but not limited to, lounges, luncheonettes, diners, coffee shops, drive-ins, or self-service or carryout establishments. "Restaurant lounge area" under this article shall include all "cocktail lounges" authorized under a special use permit granted pursuant to Chapter 260, Zoning, § 260-506A(3); provided that an application must be submitted and all other requirements must be met under this Bannockburn Liquor Control Ordinance before liquor may be served on the premises.
Any transfer, exchange, or barter in any manner, or by any
means whatsoever, including the transfer of alcoholic liquors by and
through the transfer or negotiation of warehouse receipts or certificates,
for a consideration and includes and means all sales made directly
or indirectly by any person, including any principal, proprietor,
agent, servant, or employee.
Any sales for use or consumption and not for resale in any
form.
The sale of alcoholic liquor in the original package for
use or consumption off the premises where sold.
A facility established in conjunction with and as an accessory use to a membership sports and recreation facility pursuant to special use permit under Chapter 260, Zoning, § 260-506B(3).
Any beverage which contains alcohol obtained by distillation,
mixed with water or other substances in solution, and includes brandy,
rum, whiskey, gin, or other spirituous liquors, and these liquors
when rectified, blended, or otherwise mixed with alcohol or other
substances.
Any alcoholic beverage obtained by the fermentation of the
natural contents of fruits, or vegetables, containing sugar, including
these beverages when fortified by the addition of alcohol or spirits,
as above defined.
A.
President designated Local Liquor Control Commissioner. The Village
President is hereby designated Local Liquor Control Commissioner in
and for the Village of Bannockburn.
B.
Duties. The Local Liquor Control Commissioner shall have the following
duties:
(1)
To administer the appropriate provisions of this article, of
ordinances and resolutions relating to alcoholic liquor as may be
enacted by the Board of Trustees, and of any other legislation as
may become applicable within the Village with respect to the sale
of alcoholic liquor.
(2)
To issue or renew local liquor licenses in accordance with the
provisions of this article.
(3)
To deny any application for the issuance or renewal of a local
license to an applicant that the Commissioner has determined to be
ineligible therefor in accordance with the provisions of this article.
(4)
To suspend for cause for not more than 30 days, or revoke for
cause, any local license in accordance with the provisions of this
article.
(5)
To receive and act upon complaints from any citizen that any
of the provisions of this article, or any rules or regulations adopted
pursuant thereto, or any other applicable rules or regulations have
been or are being violated and to act upon these complaints in the
manner hereinafter provided.
(6)
To receive local license fees and forward the same forthwith
to the Village Treasurer for proper deposit and accounting in the
general fund.
(7)
To keep or cause to be kept a complete record of all licenses
issued under this article, and to furnish the Village Clerk, Village
Treasurer and Chief of Police each with a copy thereof; upon the issuance
of any new license, or the revocation or suspension of any old license,
the Local Liquor Control Commissioner shall give written notice of
the action to each of these officers within 48 hours of the action.
(8)
To report, whenever requested by the Board of Trustees, all
of the acts taken to enforce this article and all acts taken in regard
to the collection of liquor license fees, including the date collected,
and date the fees were turned over to Village Treasurer.
C.
Other powers. The Local Liquor Control Commissioner shall have the
following other specific powers:
(1)
To appoint one or more persons to assist the Local Liquor Control
Commissioner in the exercise of the Commissioner's powers and the
performance of any duties as the Commissioner may deem necessary.
(2)
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 such applicant or licensee; to hear testimony and take proof of
information in the performance of the Commissioner's duties, and for
this purpose to issue subpoenas which shall be effective in any part
of this state.
(3)
To enter or to authorize any law enforcing officer to enter
at any time upon any premises licensed hereunder, to determine whether
any of the provisions of this article or any rules or regulations
adopted by the Local Liquor Control Commissioner, or by any other
agency having the authority to do so, have been or are being violated,
and at the time of the entry to examine the premises in connection
therewith.
(4)
To extend, by written order, closing hours upon occasion for
good cause.
(5)
To allow, by written order, the serving and sale at retail of
alcoholic beverages for consumption on the premises without a license
for no more than eight hours on unlicensed premises when the activity
is secondary to a major nonpartisan, nonpolitical fund-raising event
sponsored by a civic, fraternal, educational, or charitable organization,
or organization dedicated to the promotion, enhancement, or appreciation
of museums, libraries, parks, gardens, or the fine arts, when the
organization is organized under the laws of this state not for pecuniary
profit. The order shall expressly restrict the sale and consumption
of alcoholic liquor to specifically designated premises used in conjunction
with the fund-raising event.
D.
Liquor Advisory Board established. There is hereby established a
Liquor Advisory Board which shall consist of the Local Liquor Control
Commissioner and the members of the Village Board of Trustees. Three
members of the Liquor Advisory Board shall constitute a quorum and
the vote of a majority of those members voting shall be necessary
to take or authorize action. The Liquor Advisory Board shall have
the following duties and functions:
(1)
To recommend to the Local Liquor Control Commissioner rules,
regulations, policies, and criteria, not inconsistent with the law,
for the distribution and sale of alcoholic liquors throughout the
Village, and for the licensing and operation of retail liquor establishments.
(2)
To make any other recommendations to the Local Liquor Control
Commissioner pertaining to the regulation and consumption of alcoholic
liquor to the end that the health, safety, and welfare of the people
of the Village be protected and that reasonable restraint in the consumption
of alcoholic liquors be fostered and promoted.
(3)
To conduct hearings upon applications for, suspensions and revocations
of, and complaints pertaining to liquor licenses, whenever referred
to it by the Local Liquor Control Commissioner or required by provisions
of this article, and make recommendations thereon to the Local Liquor
Control Commissioner.
A.
Unlicensed sale prohibited; sale in violation of restrictions prohibited;
wine and beer tasting.
[Amended 7-10-2017 by Ord. No. 2017-22]
(1)
It shall be unlawful for any person not having a current, valid
license, authorized and issued hereunder, to sell or offer for sale
in the Village any alcoholic liquor.
(2)
It shall be unlawful for any licensee to sell or offer for sale
in the Village any alcoholic liquor except in the manner authorized
by and in compliance with the terms and restrictions of a license
issued hereunder.
(3)
Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the Village, an alcoholic beverage with the intent of promoting the sale of an alcoholic beverage, except that the giving away by Class A-1 and Class A-2 licensees, without charge, of wine and/or beer in small and limited amounts for tasting purposes only, immediately prior and incidental to the sale of wine and/or beer in the original package for consumption off the premises, shall not be considered a violation of this section.
(a)
Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, giveaways, however, shall be subject to the following conditions and limitations:
[1]
The wine and/or beer tasting shall be attended
and supervised by a full-time employee in a designated area on the
licensed premises as approved by the Local Liquor Control Commissioner
and designated in the license;
[2]
The actual amount of wine and/or beer tasted may
not exceed one ounce; and
[3]
The sample shall be served in a container which
shall be disposed of following the sampling.
(b)
Furthermore, except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it is hereby declared unlawful to advertise the availability of a tasting or give-away through any public media or other means of communication other than advertisements on the licensed premises not visible from the exterior thereof.
B.
Application for license.
(1)
Application generally. Application for a license hereunder shall
be made to the Local Liquor Control Commissioner, in writing, signed
by the applicant, if an individual, or by one of the partners, if
a partnership, or by the duly authorized agent thereof, if a club
or corporation, verified by an oath or affidavit.
(2)
Background information. Each application shall include the following
background information:
(a)
The name, age and address of the applicant; in the case of a
partnership, also the persons entitled to share in the profits thereof;
in the case of a corporation for profit, or a club, also the officers
and directors, and persons controlling in the aggregate more than
5% of the voting shares of stock.
(b)
The applicant's citizenship and place of birth, and if a naturalized
citizen, the time and place of the applicant's naturalization; in
the case of a corporation or club, the place of incorporation.
(c)
The character of business of the applicant, and in the case
of a club or corporation, the objects for which it was formed, and
the length of time that the applicant has been in the business, or
in case of a club or corporation, the date on which its charter was
issued.
(d)
The amount of goods, wares, and merchandise on hand at the time
application is made.
(e)
The location and description of the premises or place of business
which is to be operated under the license.
(3)
Statements required. Except for applications for K or K-1 licenses,
each application must include the following statements:
(a)
A statement as to whether the applicant has a current license
issued by the Illinois Liquor Control Commission.
(b)
A statement as to whether the applicant has ever been convicted
of a felony under any federal or state law.
(c)
A statement as to whether the applicant has ever been convicted
of a violation of any federal, state, or local law concerning the
manufacture, possession, or sale of alcoholic liquor, or has ever
forfeited a bond to appear in court to answer charges for any such
violation.
(d)
A statement as to whether the applicant has ever been convicted
of a gambling offense as proscribed by any federal or state law or
regulation.
(e)
A statement as to whether the applicant has had a similar license
issued under federal or state law or under the ordinances of any municipality
revoked within 10 years of the date of the present application.
(f)
A statement as to whether the applicant has had a similar license
issued under federal or state law or under the ordinances of any municipality
suspended more than once within one year of the present application.
(g)
A statement as to whether the applicant is a Village employee,
or law enforcement agent of any government or government agency.
[Amended 5-22-2017 by Ord. No. 2017-12]
(h)
A statement as to whether the applicant has been issued a federal
gaming device stamp or a federal wagering stamp by the federal government
for the current tax period.
(i)
A statement as to whether a federal gaming device stamp has
been issued for the current taxable year with respect to the premises
for which the license is sought.
(j)
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 minors of school age or where the principal business
transacted consists of school books, school supplies, food, lunches,
or drinks for these minors.
(k)
A statement as to whether the retail sale of alcohol on the
premises for which a license is sought will violate any provision
of the Bannockburn Zoning Code,[1] and as to whether the premises are within 100 feet of
the boundary line of any school, hospital, home for the aged, children,
or indigent persons, or any military or naval station, or within 100
feet of the nearest part of any church building used for worship or
educational purposes.
(l)
A statement as to whether the applicant is a permanent resident
of the Village of Bannockburn.
(m)
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.
(n)
A statement as to whether the applicant is the beneficial owner
of the business to be licensed.
(o)
A statement as to whether the applicant will be personally,
actively involved in the operation of the business to be licensed.
(p)
A statement as to whether the business is or will be managed
by a manager or agent. All required statements pertaining to an individual
licensee must be supplied with respect to any manager or agent.
(q)
A statement that the applicant is not disqualified from receiving
a license by reason of any matter or item contained in the laws of
this state, this article, or other local ordinances.
(r)
A statement that the applicant will not violate any federal
or state laws, this article, or other local ordinances in the conduct
of the applicant's business.
(s)
If the applicant is a partnership, all required statements above pertaining to an individual licensee must be supplied with respect to each partner; provided, however, that the statement concerning active involvement in Subsection B(3)(o) is required of only one partner.
(t)
If the applicant is a corporation, all required statements above pertaining to an individual licensee must be supplied with respect to each officer, manager, or director thereof, and any stockholder or stockholders controlling in the aggregate more than 5% of the voting stock of the corporation; provided, however, that the statement concerning Village residency in Subsection B(3)(l) and the statement concerning active involvement in Subsection B(3)(o) shall not be required of any officers, managers, directors and five-percent-aggregate stockholders; provided, further, that the statement concerning the issuance of a federal gaming device stamp or a federal wagering stamp for the current taxable year in Subsection B(3)(h) shall only be required of a stockholder or stockholders who control in the aggregate more than 20%, rather than 5%, of the voting stock of the corporation.
(4)
Statements required. Each application for K or K-1 licenses
must include the following statements:
(a)
A statement as to whether the applicant has a current license
issued by the Illinois Liquor Control Commission.
(b)
A statement that the applicant is not disqualified from receiving
a license by reason of any matter or item contained in the laws of
this state, this article, or other local ordinances.
(c)
A statement as to whether the applicant will be personally,
actively involved in the operation of the business to be licensed.
(d)
A statement that the applicant will not violate any federal
or state laws, this article, or other local ordinances in the conduct
of the applicant's business.
(5)
Ineligibility for license. No license of any kind shall be issued
or renewed to:
(a)
A person who has been convicted of a felony under any federal
or state law, if the local Liquor Advisory Board determines, after
investigation, that the person has not been sufficiently rehabilitated
to warrant the public trust.
(b)
A person who had been convicted of a violation of any federal,
state, or local law concerning the manufacture, possession, or sale
of alcoholic liquor or shall have forfeited a bond to appear in court
to answer charges for any such violation.
(c)
A person who has been convicted of a gambling offense as proscribed
by any federal or state law or regulation.
(d)
A person whose liquor license issued under state law or any
local ordinance has been revoked for cause within 10 years of the
date of the present application.
(e)
A person whose liquor license issued under this article has
been suspended more than once for cause within one year of the present
application if the local Liquor Advisory Board determines that the
applicant is no longer worthy of the public trust.
(f)
Any Village employee, law-enforcing official, the President
and any member of the Board of Trustees; provided, however, that nothing
herein contained shall prohibit the issuance of a license to a bona
fide not-for-profit private club or charitable or educational organization,
owned and operated by its members, one or more of which members is
a Village employee, law-enforcing public official, the President,
or a member of the Board of Trustees.
(g)
A person to whom a federal gaming device stamp or a federal
wagering stamp has been issued by the federal government for the current
tax period.
(h)
A person applying for a license with respect to premises for
which a federal gaming device stamp has been issued for the current
taxable year.
(i)
A person applying for a license with respect to any store or
other place of business where the majority of customers are minors
of school age or where the principal business transacted consists
of school books, school supplies, food, lunches, or drinks for these
minors.
(j)
A person applying for a license with respect to premises upon
which the retail sale of alcoholic liquor will violate any provision
of the Bannockburn Zoning Code,[2] or which premises are within 100 feet of any church, school,
hospital, home for the aged, children, or indigent persons, or any
military or naval station; provided that in measuring the distance
from a church, the nearest part of any building for worship or educational
purposes shall be used rather than property boundaries; provided,
further, that no distance shall be required with respect to a state
university or other institution of higher learning.
(k)
A person who is not a permanent resident of the Village of Bannockburn.
(l)
A person who does not beneficially own or does not have a lease
thereon for the full period for which the license is to be issued.
[Amended 5-22-2017 by Ord. No. 2017-12]
(m)
A person who is not the beneficial owner of the business to
be licensed.
(n)
A person who will not be personally, actively involved in the
operation of the business to be licensed.
(o)
A person whose place of business is managed by a manager or
agent unless the manager or agent possesses the qualifications required
of an individual licensee.
(p)
A partnership, unless all members thereof shall be qualified to obtain a license; provided, however, that the requirement of active involvement in Subsection B(3)(o) shall apply only to one partner.
(q)
A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders controlling in the aggregate more than 5% of the stock of the corporation, would not be eligible, except by reason of the Village residency requirement in Subsection B(3)(l) or the requirement of active involvement in Subsection B(3)(o), to receive a license hereunder; provided, however, that the ineligibility of a corporate applicant premised on a stockholder or stockholders having received a federal gaming device stamp or a federal wagering stamp for the current taxable year in Subsection B(3)(h) shall apply only to the extent that the stockholder or stockholders control in the aggregate more than 20%, rather than 5%, of the stock of the corporation.
(6)
All licenses issued pursuant to this article shall be conditioned
upon the acquisition by the applicant of a state license issued by
the Illinois Liquor Control Commission. Any license so conditionally
issued shall not authorize the retail sale of any alcoholic liquor
until proof of acquisition of the state license is furnished to the
Local Liquor Control Commissioner. In the event that the applicant
is refused a state license by the Commission, the license conditionally
issued under this article shall become null and void and the license
fee and surety bond required by this article shall be returned to
the applicant.
(7)
In addition to other grounds specified in this article, the
Local Liquor Control Commissioner, on complaint of the Illinois Department
of Revenue, may refuse the issuance or renewal of a license, or suspend
or revoke the license, for any of the following violations of the
Retailers Occupation Tax Act (35 ILCS 120/1 et seq.):
(a)
Failure to make a tax return.
(b)
The filing of a fraudulent return.
(c)
Failure to pay all or part of any tax or penalty finally determined
to be due.
(d)
Failure to keep books and records.
(e)
Failure to secure and display a certificate or subcertificate
of registration.
(f)
Willful violation of any rule or regulation of the State Department
of Revenue relating to the administration and enforcement of tax liability.
C.
BASSET program.
[Amended 7-10-2017 by Ord. No. 2017-22]
(1)
Training program. Training is required as specified below:
(a)
For licenses effective on or after March 1, 2012, the original
or renewal application for all annual licenses shall be accompanied
by proof of completion of a state-certified Beverage Alcohol Sellers
and Servers Education and Training (BASSET) program, for at least
the manager of the licensee for all classes of licenses, and for all
persons who serve or sell alcoholic beverages pursuant to this article
on behalf of any licensee holding either a Class A-1, A-2, B-1, B-2,
C-1, C-2, D, D-1, E, F, G, H, I, J, K, K-1, L, or M-1 license.
[Amended 5-11-2020 by Ord. No. 2020-15]
(b)
After March 1, 2012, within 90 days from the beginning of their
employment with a licensee, any manager of a licensee, and any person
who serves or sells alcoholic liquor on behalf of any licensee holding
either a Class A-1, A-2, B-1, B-2, C-1, C-2, D, D-1, E, F, G, H, I,
J, K, K-1, L, or M-1 license, shall complete the BASSET program, and
shall, until completion of the BASSET program, work under the supervision
of a person who has completed the BASSET program.
[Amended 5-11-2020 by Ord. No. 2020-15]
(c)
A photocopy of the certificate of completion of the BASSET program
must be filed with the Village Clerk and maintained in the manager's
office on the premises of the licensee.
(2)
Service, sale, and management without required training prohibited.
(a)
It is unlawful to permit any person in an establishment holding
either a Class A-1, A-2, B-1, B-2, C-1, C-2, D, D-1, F, G, H, I, J,
K, K-1, L, or M-1 license to serve or sell alcoholic beverages unless
that person has completed the BASSET program as required by this section.
[Amended 5-11-2020 by Ord. No. 2020-15]
(b)
In addition, no establishment holding any annual license under
this article shall employ a manager in all annual licensed establishments
unless that person has completed the BASSET program as required in
this section.
[Amended 7-10-2017 by Ord. No. 2017-22]
There shall be the following classes of licenses and respective license fees; provided, however, that no license shall be issued in excess of the number, if any, specified in § 141-1009 for each class of license.
A.
Class A-1 licenses. Class A-1 licenses shall authorize the retail
sale of alcoholic liquor, in the original package, only for consumption
off the premises where sold, and not for consumption on the premises
where sold. Class A-1 licenses may be issued only to an applicant
which will use no more than 10% of its total merchandise display and
sale space for the display and sale of beer and spirits, and no more
than 40% of its total merchandise display and sale space for the display
and sale of wine, and which will display and sell other merchandise
from the remainder of such space. The annual fee for Class A-1 licenses
shall be $1,750.
B.
Class A-2 licenses. Class A-2 licenses shall authorize the retail
sale of only beer or wine, in the original package, only for consumption
off the premises where sold, and not for consumption on the premises
where sold. Class A-2 licenses shall also authorize the holding of
wine tasting sessions for a single admission fee on the licensed premises,
provided that the license holder strictly complies with each of the
following requirements. The annual fee for Class A-2 licenses shall
be $750.
(1)
No more than 12 sessions shall be held on the licensed premises in any one license year as defined by § 141-1012.
(2)
No session shall be of a duration of more than three hours,
and sessions shall be held only during the ordinary business hours
of the licensed premises. Each session shall be attended and supervised
by a full-time employee in a designated area on the licensed premises
as approved by the Local Liquor Control Commissioner and designated
in the license.
(3)
There shall be no advertising or publication visible or recognizable
outside of the licensed premises relating to these sessions, except
for the sending of personalized invitations through the mail. The
license holder shall notify the Local Liquor Control Commissioner
of the time and place of each session, or of any rescheduling of a
session, at least 48 hours in advance of any session.
(4)
No person shall consume more than two ounces of any one type
of wine or more than 12 ounces of all types of wine during any session
or on the premises during any one day. Attendance at any session shall
not exceed 30 persons, excepting family members and employees of the
license holder, and representatives of manufacturers or distributors.
(5)
Each session shall comply in all other respects with the provisions
of the Bannockburn Liquor Control Ordinance where applicable.
C.
Class B-1 licenses. Class B-1 licenses shall authorize the retail
sale of alcoholic liquors for consumption only on the premises where
sold to members or guests of members by clubs, as defined in this
article, organized under the laws of this state not for pecuniary
profit. Class B-1 licenses may only be issued to a club owning or
occupying under a lease having a definite term of more than one year
a parcel of real property of no fewer than 10 acres, and requiring
the payment of annual dues from its members of more than $240. The
annual fee for Class B-1 licenses shall be $1,000.
D.
Class B-2 licenses. Class B-2 licenses shall authorize the retail
sale of alcoholic liquor for consumption, only on the premises where
sold, to members or guests of members by clubs, as defined this article,
organized under the laws of this state not for pecuniary profit and
primarily for charitable, educational, or service purposes, or the
promotion, enhancement, or appreciation of museums, libraries, parks,
gardens, or the fine arts. The annual fee for Class B-2 licenses shall
be $250.
E.
Class C-1 licenses. Class C-1 licenses shall authorize the retail
sale of alcoholic liquor by restaurants, but only when the sale is
incidental and complementary to the sale and service of complete meals
and for consumption only on the premises where sold. The annual fee
for Class C-1 licenses shall be $2,000.[1]
[1]
Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $1,500. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.
F.
Class C-2 licenses. Class C-2 licenses shall authorize the retail
sale of beer and wine by restaurants, but only when the sale is incidental
and complementary to the sale and service of complete meals and for
consumption only on the premises where sold. The annual fee for Class
C-2 licenses shall be $1,250.
G.
Class D licenses. Class D licenses shall authorize the retail sale
of alcoholic liquor in restaurant lounge areas, as defined in this
article, for consumption only on the premises where sold. The annual
fee for Class D licenses shall be $1,000. The holder of a valid Class
D-1 license shall be permitted to install in the separate restaurant
lounge area a bar not longer than 30 lineal feet providing seats which
number not more than 7% of the seating capacity of the associated
restaurant, and shall be permitted to engage in retail sales of alcoholic
liquor for consumption at the bar to persons seated thereat. The total
number of seats provided in the separate restaurant lounge area, whether
at the bar or at tables (other than full-sized tables where complete
food service is regularly available), shall not exceed 25% of the
seating capacity of the associated restaurant.
H.
Class D-1 licenses. Class D-1 licenses shall authorize the retail
sale of alcoholic liquor in outdoor patio bar areas, as defined in
this article, for consumption only within the outdoor patio bar area
designated as part of the license. The annual fee for Class D-1 licenses
shall be $1,000. The holder of a valid Class D-1 license shall be
permitted to install a separate outdoor patio bar area not longer
than 20 lineal feet providing seats that number not more than 12%
of the indoor seating capacity of the associated restaurant, and shall
be permitted to engage in retail sales of alcoholic liquor for consumption
at the outdoor patio bar area to persons seated thereat. The total
number of seats provided in the separate outdoor patio bar area, whether
at the bar or at tables (other than full-sized tables where complete
food service is regularly available), shall not exceed 45% of the
indoor seating capacity of the associated restaurant. The holder of
a valid Class D-1 license shall close by 11:00 p.m., Sunday through
Thursday, and 12:00 midnight, Friday and Saturday. Live or recorded
music may not be played or performed in the outdoor patio bar area.
I.
Special Class E licenses. Special Class E licenses shall authorize,
subject to the following restrictions, the retail sale of alcoholic
liquor by civic, fraternal, service, educational, or charitable organizations,
and organizations dedicated to the promotion, enhancement, or appreciation
of museums, libraries, parks, gardens, or the fine arts, when the
organizations are organized under the laws of this state not for pecuniary
profit. Special Class E licenses shall be issued to these organizations
only for fundraising events, festivals, outings, picnics, and other
similar special events, only for consumption on the premises or within
the area specifically designated in such license, and shall in no
event be valid for longer than 48 hours. The fee for special Class
E licenses shall be $15 per day.
J.
Class F licenses. Class F licenses shall authorize the retail sale
of alcoholic liquor for consumption only on the premises where sold,
to members or guests of a private tennis and racquetball facility
at a short-order grill established therein. The annual fee for Class
F licenses shall be $2,000.[2]
[2]
Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $1,000. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.
K.
Class G licenses. Class G licenses shall authorize the retail sale
of alcoholic beverages in a non-restaurant food service facility for
consumption only on the premises where sold to customers of the facility,
but only when the sale of alcoholic beverages is in addition to or
incidental and complementary to the service of food. The annual fee
for Class G licenses shall be $2,000.
L.
Class H licenses. Class H licenses shall authorize the retail sale
of beer and wine only by hotels for consumption on the premises only,
subject to the terms, conditions, and restrictions of this and all
other pertinent sections of this article. The privilege granted by
Class H licenses shall be to sell beer and wine in the original container
through a retail store within the hotel, which sales shall be limited
to persons who are registered guests of the hotel. Beer and wine sold
pursuant to a Class H license shall be for consumption by registered
guests of the hotel only on the licensed premises. Authorized sales
by any Class H licensee may occur only between the hours of 11:00
a.m. and 11:00 p.m. on Monday through Sunday. All beer and wine must
be secured in a locked area between the hours of 11:00 p.m. and 11:00
a.m. The annual fee for Class H licenses shall be $1,500.[3]
[Amended 10-10-2017 by Ord. No. 2017-31]
[3]
Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $750. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.
M.
Class I licenses. Class I licenses shall authorize the retail sale
of alcoholic liquor as an incidental part of a food service that serves
prepared meals for parties, weddings, and special events only. The
annual fee for such license shall be $1,000.
N.
Class J licenses. Class J licenses may be issued only to an applicant
that operates as a grocery store and which will use no more than 20%
of its total merchandise display and sale space for the display and
sale of wine, beer and spirits and which will display and sell other
merchandise from the remainder of such space. The annual fee for Class
J licenses shall be $2,500.
(1)
Consumption and retail sale of wine and beer off and on premises. Class J licenses shall authorize the retail sale by a grocery store of alcoholic liquor, in the original package, for consumption off the premises where sold. In addition, Class J licenses shall authorize the retail sale by a grocery store of alcoholic liquor for consumption on the premises where sold subject to the BASSET regulations stated in § 141-1004C. Class J licensees may sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village between the hours of 7:00 a.m. and 11:00 p.m. on Monday through Sunday.
(2)
Special or organized wine and beer tastings. Class J licenses
shall authorize the holding of special or organized wine tasting and/or
beer tasting events for a single admission fee on the licensed premises,
provided that the license holder strictly complies with each of the
following requirements:
(a)
No more than 12 special or organized wine tasting and/or beer tasting events shall be held on the licensed premises in any one license year as defined by § 141-1012;
(b)
No special or organized wine tasting and/or beer tasting event
shall be of a duration of more than five hours, and special or organized
wine tasting and/or beer tasting events shall be held only between
the hours of 7:00 a.m. and 11:00 p.m. on Monday through Sunday at
the licensed premises. Each special or organized wine tasting and/or
beer tasting event shall be attended and supervised by a full-time
employee in a designated area on the licensed premises as approved
by the Local Liquor Control Commissioner and designated in the license;
(c)
There shall be no advertising or publication visible or recognizable
outside of the licensed premises relating to these special or organized
wine tasting and/or beer tasting events, except for the sending of
personalized invitations electronically or through the mail. The license
holder shall notify the Local Liquor Control Commissioner of the time
and place of each wine tasting and/or beer tasting event, or of any
rescheduling of a wine tasting and/or beer tasting event, at least
48 hours in advance of any wine tasting and/or beer tasting event;
(d)
No person shall consume more than 12 ounces of all types of
wine during any wine tasting and/or beer tasting event, or on the
premises during any one day. Attendance at any special or organized
wine tasting and/or beer tasting event shall not exceed 150 persons,
excepting family members and employees of the license holder, and
representatives of manufacturers or distributors;
(e)
No person shall consume more than 24 ounces of all types of
beer during any wine tasting and/or beer tasting event, or on the
premises during any one day. Attendance at any wine tasting and/or
beer tasting event shall not exceed 150 persons, excepting family
members and employees of the license holder, and representatives of
manufacturers or distributors; and
(f)
Each special or organized wine tasting and/or beer tasting event
shall comply in all other respects with the provisions of the Bannockburn
Liquor Control Ordinance where applicable.
(3)
Consumption of wine and beer on the patio. Class J licenses
shall additionally authorize for consumption alcoholic liquor on the
patio area adjoining the premises where sold between the hours of
11:00 a.m. and 11:00 p.m. on Monday through Sunday.
(4)
Consumption of wine and beer without charge. Class J licensees
may give away or otherwise dispense without charge, by the drink or
in any other manner, within the premises, an alcoholic beverage consisting
of a sample of wine or beer with the intent of promoting the sale
of an alcoholic beverage of wine or beer, immediately prior and incidental
to the sale of wine or beer in the original package for consumption
off the premises, which shall not be considered a violation of this
section, provided that the license holder strictly complies with each
of the following conditions and limitations:
(a)
The tasting shall be attended and supervised by a full-time
employee in a designated area on the licensed premises as approved
by the Local Liquor Control Commissioner and designated in the license;
(b)
The actual amount of any sample of wine tasted may not exceed
two ounces;
(c)
The actual amount of any sample of beer tasted may not exceed
four ounces; and
(d)
The sample shall be served in a container which shall be disposed
of on site following the sampling.
O.
Class K licenses. Class K licenses shall authorize the service and
consumption of bring-your-own-beverages on the licensed premises or
within the area designated in the license from 11:00 a.m. to 11:00
p.m. on Monday through Saturday and from 11:00 a.m. to 10:00 p.m.
on Sunday. The licensed premises, or designated area, may be a club,
restaurant, restaurant lounge area, short-order grill, non-restaurant
food service facility, hotel, grocery store, patio, or outdoor patio
bar, as defined herein. Class K licenses do not permit patrons of
a licensed premises to depart the licensed premises with a bring-your-own-beverage
unless that beverage is in its original container and with the seal
unbroken. The annual fee for a Class K license shall be $500.[4]
[4]
Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $250. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.
P.
Class K-1 licenses. Class K-1 licenses shall authorize the service
and consumption of bring-your-own-beverages on the licensed premises
or within the area designated in the license only for fundraising
events, festivals, outings, and other similar special events. In no
event shall the service or consumption of bring-your-own-beverages
pursuant to a K-1 license be permitted before 11:00 a.m. or after
11:00 p.m. on Monday through Saturday, or before 11:00 a.m. or after
10:00 p.m. on Sunday, and K-1 licenses shall in no event be valid
for longer than 48 hours. Class K-1 licenses do not permit patrons
of a licensed premises to depart the licensed premises with a bring-your-own-beverage
unless that beverage is in its original container and with the seal
unbroken. The fee for Class K-1 licenses shall be $100 per day.
Q.
Class L licenses. Class L licenses may be issued only to an applicant
that operates as a grocery store with pharmacy and which will use
no more than 20% of its total merchandise display and sale space for
the display and sale of wine, beer and spirits and which will display
and sell other merchandise from the remainder of such space.
(1)
Consumption and retail sale of wine and beer off and on premises. Class L licenses shall authorize the retail sale by a grocery store with pharmacy of alcoholic liquor, in the original package, for consumption off the premises where sold. In addition, Class L licenses shall authorize the retail sale by a grocery store with pharmacy of alcoholic liquor for consumption on the premises where sold subject to the BASSET regulations stated in § 141-1004C. Class L licenses may sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village between the hours of 6:00 a.m. and 10:00 p.m. on Monday through Sunday.
(2)
Special or organized wine and beer tastings. Class L licenses
shall authorize the holding of special or organized wine tasting and/or
beer tasting events for a single admission fee on the licensed premises,
provided that the license holder strictly complies with each of the
following requirements:
(a)
No more than 12 special or organized wine tasting and/or beer tasting events shall be held on the licensed premises in any one license year as defined by § 141-1012;
(b)
No special or organized wine tasting and/or beer tasting event
shall be of a duration of more than five hours, and special or organized
wine tasting and/or beer tasting events shall be held only between
the hours of 6:00 a.m. and 10:00 p.m. on Monday through Sunday at
the licensed premises. Each special or organized wine tasting and/or
beer tasting event shall be attended and supervised by a full-time
employee in a designated area on the licensed premises as approved
by the Local Liquor Control Commissioner and designated in the license;
(c)
There shall be no advertising or publication visible or recognizable
outside of the licensed premises relating to these special or organized
wine tasting and/or beer tasting events, except for the sending of
personalized invitations electronically or through the mail. The license
holder shall notify the Local Liquor Control Commissioner of the time
and place of each wine tasting and/or beer tasting event, or of any
rescheduling of a wine tasting and/or beer tasting event, at least
48 hours in advance of any wine tasting and/or beer tasting event;
(d)
No person shall consume more than 12 ounces of all types of
wine during any wine tasting and/or beer tasting event, or on the
premises during any one day. Attendance at any special or organized
wine tasting and/or beer tasting event shall not exceed 150 persons,
excepting family members and employees of the license holder, and
representatives of manufacturers or distributors;
(e)
No person shall consume more than 24 ounces of all types of
beer during any wine tasting and/or beer tasting event, or on the
premises during any one day. Attendance at any wine tasting and/or
beer tasting event shall not exceed 150 persons, excepting family
members and employees of the license holder, and representatives of
manufacturers or distributors; and
(f)
Each special or organized wine tasting and/or beer tasting event
shall comply in all other respects with the provisions of the Bannockburn
Liquor Control Ordinance where applicable.
(3)
Consumption of wine and beer on the patio. Class L licenses
shall additionally authorize for consumption alcoholic liquor on the
patio area adjoining the premises where sold between the hours of
11:00 a.m. and 10:00 p.m. on Monday through Sunday.
(4)
Consumption of wine and beer without charge. Class L licensees
may give away or otherwise dispense without charge, by the drink or
in any other manner, within the premises, an alcoholic beverage consisting
of a sample of wine or beer with the intent of promoting the sale
of an alcoholic beverage of wine or beer, immediately prior and incidental
to the sale of wine or beer in the original package for consumption
off the premises, which shall not be considered a violation of this
section, provided that the license holder strictly complies with each
of the following conditions and limitations. The annual fee for Class
L licenses shall be $2,500.
(a)
The tasting shall be attended and supervised by a full-time
employee in a designated area on the licensed premises as approved
by the Local Liquor Control Commissioner and designated in the license;
(b)
The actual amount of any sample of wine tasted may not exceed
two ounces;
(c)
The actual amount of any sample of beer tasted may not exceed
four ounces; and
(d)
The sample shall be served in a container which shall be disposed
of on site following the sampling.
R.
Class M licenses. Class M licenses shall authorize cooking schools
to sell beer and wine on the licensed premises (or designated areas
of the licensed premises as determined by the Liquor Commissioner
and designated in the license). A Class M licensee shall only be allowed
to sell beer and wine to persons enrolled in or otherwise attending
a cooking or wine class of the licensee or in connection with an event
catered by the licensee cooking school. Sales of beer and wine may
be for on-premises consumption or for off-premises consumption when
the beer or wine is in its original packaging with the seal unbroken.
For purposes of this subsection, the term "cooking school" shall be
defined as business which provides culinary instruction, both demonstration
style and hands on, to persons of all levels of cooking experience.
The annual fee for a Class M license shall be $750.[5]
[Added 5-11-2020 by Ord.
No. 2020-15]
[5]
Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $375. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.
The fee to be paid for licenses issued under the provisions of this article shall be reduced in proportion to the number of calendar months which have expired in the license year prior to the issuance of the license. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of § 141-1013. There shall be no refund where a license is suspended, revoked, or involuntarily terminated pursuant to federal or state law, or this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
The applicant shall be liable for all costs incurred by the
Village in processing the application and investigating the statements
and information provided therein. There shall be a flat, nonrefundable
cost assessment of $250 for each application to cover general overhead
costs. All direct out-of-pocket costs shall be assessed as incurred.
No cost assessment shall be made in connection with applications for
a Class B-2 or Class E license.
The nonrefundable cost assessment of $250 must be submitted
with any application for a license pursuant to this article. Additional
cost assessments shall be paid within 14 days of billing. All fees
for licenses issued under this article shall be paid to the Local
Liquor Control Commissioner before the day on which the license applied
for is to become effective. In the event the license applied for is
denied, any fee submitted shall be returned to the applicant after
costs incurred by the Village in excess of the $250 nonrefundable
cost assessment have been deducted. The applicant shall remain liable
for any costs in excess of the fee and cost assessment submitted.
If the license is granted, then the fee and cost assessment shall
be deposited in the general corporate purposes fund or in any other
fund as shall have been designated by the President and Board of Trustees
by motion, resolution, or ordinance.
[Amended 7-10-2017 by Ord. No. 2017-22; 8-12-2019 by Ord. No. 2019-16; 5-11-2020 by Ord. No. 2020-15]
The following shall be the number of licenses to be issued for
each class:
|
Class A-1
|
2
|
|
Class A-2
|
2
|
|
Class B-1
|
0
|
|
Class B-2
|
0
|
|
Class C-1
|
3
|
|
Class C-2
|
0
|
|
Class D
|
1
|
|
Class D-1
|
1
|
|
Class E
|
2
|
|
Class F
|
1
|
|
Class G
|
1
|
|
Class H
|
1
|
|
Class I
|
1
|
|
Class J
|
1
|
|
Class K
|
1
|
|
Class K-1
|
0
|
|
Class L
|
1
|
|
Class M
|
1
|
Before any license may be issued, the applicant shall furnish
a surety bond in the amount of $1,000 to the Village. The bond shall
be forfeited automatically upon revocation of the license for which
the bond was furnished if revocation was for cause. This bond shall
not be required for Class B-2 and Special Class E licenses.
It shall be unlawful for any licensee, where more than 5% of
the licensee's gross income is derived from the sale of alcoholic
beverages, or any officer, associate, representative, agent, or employee
of the licensee to become liable for, pay, or make any contribution
directly or indirectly toward the campaign fund or expenses of any
political party, or candidate for public office, or for the nomination
of any candidate for any public office. The Liquor Control Commissioner
shall revoke the license of any licensee who is convicted of a violation
of this section.
A license issued under this article shall be purely a personal privilege to expire on the last day of February next following the issuance thereof 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. Licenses issued under this article shall not descend by the laws of testate or intestate devolution but shall, except as provided in § 141-1013A, cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent, or such insolvency or bankruptcy until the expiration of the license but no longer than six months after the death, bankruptcy, or insolvency of the licensee.
A.
Any changes in a partnership, or in officers, directors, or persons
holding directly or beneficially more than 5% of the stock of a corporation
or ownership interest, or managers, of establishments licensed under
this article 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 and must otherwise qualify
to hold a liquor license. All such changes in personnel shall be subject
to review by the Local 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.
C.
When a license has been issued to a corporation and a change takes
place in the manager thereof, and the change results in management
by one who is not eligible to hold a liquor license, the license shall
terminate.
A.
Sales restricted to authorized premises; change of location. A license
shall permit the sale of alcoholic liquor only in or from the premises
described in the application and license, and only in the manner therein
authorized and in compliance with the terms thereof. The location
may be changed only upon the issuance of a written permit to make
the change, issued by the Local Liquor Control Commissioner. No change
of location shall be permitted unless the proposed new location is
a proper one for the retail sale of alcoholic liquor under the laws
of this state, this article, and other local ordinances.
B.
Displaying license. Every licensee shall cause the licensee's current
alcoholic beverage license to be framed and hung in plain view in
a conspicuous place on the licensed premises.
C.
Hours of business.
[Amended 7-10-2017 by Ord. No. 2017-22; 10-10-2017 by Ord. No. 2017-31]
(1)
Consumption on the premises. Except as provided in § 141-1005N for Class J licenses, § 141-1005L for Class H licenses, and in § 141-1005Q for Class L licenses, it shall be unlawful to sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village before 11:00 a.m. or after 11:00 p.m. on Monday through Saturday or before 11:00 a.m. and after 10:00 p.m. on Sunday.
(2)
Consumption off the premises. Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor in its original package for consumption off the premises in the Village between the hours of 10:00 p.m. and 7:00 a.m. on the following day.
(3)
New Year's Day. The foregoing provisions shall not prohibit
the sale at retail of alcoholic liquor for consumption either on or
off the premises in the Village past the normal closing hours of the
day before and until the hour of 5:00 a.m. on New Year's Day.
(4)
Hours for other business. Licensed premises may remain open
for the sale of food during the hours within which the sale of alcoholic
liquor is prohibited, but no alcoholic liquor may be sold to or consumed
by the public on the premises during these hours.
D.
Sanitary requirements. All premises used for the retail sale of alcoholic
liquor or for the storage of liquor for retail sale shall be kept
in a clean and sanitary condition, and kept in compliance with all
applicable federal, state, and local laws, ordinances, regulations,
rules, and other provisions governing the condition of premises used
for the storage or sale of food for human consumption.
E.
[1]Civil rights in licensed premises. No licensee licensed
under the provisions of this article shall deny or permit his or her
agents or 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. This provision shall not be construed to prevent
a good faith refusal to serve alcoholic liquor to any intoxicated
person or to any person who reasonably appears to be intoxicated.
[Amended 5-22-2017 by Ord. No. 2017-12]
F.
Sales to intoxicated persons.
(1)
No licensee nor any officer, associate, member, representative,
agent, or employee of any licensee shall sell, give, dispense, or
deliver any alcoholic liquor to any person who is, or who appears
to be, intoxicated.
(2)
It shall be unlawful for any person, after purchasing or otherwise
obtaining alcoholic liquor, to sell, give, dispense, or deliver the
alcoholic liquor to an intoxicated or apparently intoxicated person.
G.
Sales to minors.
(1)
No licensee nor any officer, associate, member, representative,
agent, or employee of any licensee shall sell, give, dispense, or
deliver any alcoholic liquor to any person under the age of 21 years.
(2)
No person, after purchasing or otherwise obtaining alcoholic
liquor shall sell, give, dispense, or deliver the alcoholic liquor
to any person under the age of 21 years; provided, however, that this
shall not prohibit the consumption of alcoholic liquor by a minor
in the performance of a religious ceremony; provided, further, that
this shall not prevent the consumption of alcoholic liquor by a minor
in the minor's own home pursuant to the condonation and supervision
of the minor's parents or legal guardians.
(3)
It shall be unlawful for any holder of a liquor license, or
the agent or employees of any holder of a liquor license, to suffer
or permit any person under the age of 21 years to be or remain on
the licensed premises, or in any room or compartment adjoining or
adjacent to the licensed premises; provided, however, that this subsection
shall not apply to any person under the age of 21 who is accompanied
by a parent or guardian, or to any licensed premises in which the
principal business involves the sale of services or commodities other
than alcoholic liquor.
(4)
In any place in the Village where alcoholic liquor is sold,
there shall be displayed at all times in a prominent place a printed
card which shall be supplied by the Village Clerk and which shall
read substantially as follows:
|
WARNING TO PERSONS UNDER THE AGE OF 21 YEARS: YOU ARE SUBJECT
TO A FINE OF UP TO $750 UNDER AN ORDINANCE OF THE VILLAGE OF BANNOCKBURN
IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT YOUR AGE FOR THE
PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.
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(5)
If a licensee, or a licensee's agents or employees, believes
or has reason to believe that a sale or delivery of alcoholic liquor
is prohibited because the prospective recipient may be under 21 years
of age, the licensee, agent, or employee shall, before making the
sale, dispensing or delivery, demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of the public officer's official duties.
H.
Sales by minors. It shall be unlawful for any licensee or person
in charge of premises licensed hereunder to permit any person under
21 years of age to sell, serve, draw, pour, mix, or deliver any alcoholic
liquor in any licensed retail premises; provided, however, that a
person under 21 years of age but at least 19 years of age may do so
when in the presence and under the direct supervision and control
of an employee 21 years of age or older.
I.
Purchases by minors.
(2)
It shall be unlawful for any person 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.
(3)
No person shall transfer, alter, or deface an identification
card, use the identification card of another, carry or use a false
or forged identification card, or obtain an identification card by
means of false information, where the card may enable such person
to circumvent the provisions of this article.
(4)
It shall be unlawful for any parent or guardian intentionally
or negligently to permit any child under the age of 21 of which he
or she is parent or guardian to violate any provision of this article.
J.
Peddling prohibited. It shall be unlawful to peddle alcoholic liquor
in the Village.
A.
Violation determined by Commissioner. The Local Liquor Control Commissioner
may suspend, for not more than 30 days, or revoke any license issued
by the Commissioner if the Commissioner determines that there has
been any violation of any state law pertaining to the sale of alcoholic
liquor or any provision of this article, or any applicable rules or
regulations established by the Local Liquor Control Commissioner,
or the Illinois Liquor Control Commission, or for the failure to pay
any license cost or fee or any tax imposed on alcoholic liquor or
the sale thereof. However, except as hereinafter provided, no license
shall be revoked or suspended except after a public hearing by the
Liquor Advisory Board, to commence not sooner than five days after
written notice shall have been transmitted to the licensee at the
licensed premises by United States mail, affording the licensee an
opportunity to appear and defend. If the Local Liquor Control Commissioner
has reason to believe that any continued operation of any particular
licensed premises will threaten the welfare of the community, the
Commissioner may, upon the issuance of a written order stating the
reason for his or her conclusion and without notice or hearing but
with the consent of not fewer than two members of the Liquor Advisory
Board, order a licensed premises closed for not more than seven days
pending a hearing on the suspension or revocation of the license therefor.
The order shall contain notice of the date, time and place of the
hearing thereon, which hearing shall commence not fewer than five
days nor more than seven days from the date of service, personally
or by certified United States mail, of the notice upon the licensee
or the licensee's agent, or any employee thereof in charge of the
licensed premises. The Liquor Advisory Board shall hold the hearing
at the date, time, and place set forth in the notice, giving the licensee
an opportunity to be heard, and shall make its advisory report and
recommendation to the Local Liquor Control Commissioner not later
than five days from the conclusion of the hearing. If the licensee
shall also be engaged in the conduct of another business or businesses
on the licensed premises, the initial closing order shall not be applicable
to the other business or businesses. Appeals shall be taken to the
Illinois Liquor Control Commission and the Illinois Circuit Court
in the manner provided by law.
B.
Violation determined by court.
(1)
Whenever any licensee shall be convicted in court of any violation
of state law pertaining to the sale of alcoholic liquor, or any provision
of this article, or any applicable rules or regulations established
by the Local Liquor Control Commissioner or the State Commission,
or any law or regulation pertaining to liquor license fees or taxes,
the license of the licensee may, in the discretion of the Local Liquor
Control Commissioner, be revoked. The revocation need not be preceded
by notice or a hearing for such licensee. However, the licensee shall
have a right to a public hearing by the Liquor Advisory Board for
the purpose of showing cause for reissuing the revoked license by
petitioning for a hearing within 15 days of the revocation of the
license. The hearing shall be held within a reasonable time and shall
allow the licensee an opportunity to be heard, and the Liquor Advisory
Board shall make its advisory report and recommendation to the Local
Liquor Control Commissioner not later than five days from the conclusion
of the hearing.
(2)
Whenever an officer, director, manager, or other employee of any licensee under this article shall be convicted of any violation of any law, ordinance, or provision as provided in Subsection B(1), while engaged in the course of his or her employment or while on the premises described in the license, the license may be revoked in the discretion of the Local Liquor Control Commissioner, subject to a subsequent hearing as provided in Subsection B(1).
C.
Complaints. Any person may file a complaint with the Local Liquor
Control Commissioner alleging that any licensee has been or is violating
state law pertaining to the sale of alcoholic liquor, or the provisions
of this article or the rules or regulations issued pursuant thereto.
Complaints shall be in writing, in the form prescribed by the Local
Liquor Control Commissioner, and shall be signed and sworn to by the
parties complaining. The complaint shall state the particular law,
provisions, rule, or regulation believed to have been violated and
the facts in detail upon which the belief is based. If the Local Liquor
Control Commissioner is satisfied that the complaint substantially
charges a violation and finds probable cause to believe the same,
the Commissioner shall set the matter for hearing and shall serve
notice upon the licensee of the time and place of the hearing and
of the particular charges in the complaint, the hearing to take place
not sooner than five days from the date upon which the notice is mailed
to the licensee at the address of the licensed premises, by United
States mail.
A.
No person shall serve or drink any alcoholic liquor in any restaurant,
dining room, lunchroom, or other place of public resort in the Village,
other than one where the sale of alcoholic liquor for consumption
on the premises is permitted under license and said service takes
place during the hours and in the manner permitted by the license.
B.
No person shall drink any alcoholic liquor in any public street,
pathway, parkway, or parking lot in the Village.
C.
No person shall consume or be in possession of any alcoholic liquor
on any premises licensed under this article other than that alcoholic
liquor sold and dispensed by the licensee. The licensee or his agent
shall have the authority to order the immediate removal of any alcoholic
liquor carried onto a licensed premises in violation of this section.
D.
Consumption of alcoholic liquor shall be restricted to designated
serving areas of the licensed premises, and may not be carried into
or consumed in other areas, parking lots, or adjoining property.
A.
Fines in general. Any person who violates any provision of this article
shall for a first offense be fined not less than $50 nor more than
$750, and for a second or subsequent offense shall be fined not less
than $100 nor more than $750.
B.
Separate offenses. Each day on or during which any person violates
any of the provisions of this article, and each separate act or transaction
in violation of this article, shall constitute a separate offense.
C.
Vicarious liability. Every act or omission of whatsoever nature constituting
a violation of any of the provisions of this article by any officer,
director, manager, or other agent or employee of any licensee shall
be deemed and held to be the act of the employer or licensee, and
the employer or licensee shall be punishable in the same manner as
if the act or omission had been done by the employer or licensee personally.
All the provisions of the Liquor Control Act of 1934 (235 ILCS
5/1-1 et seq.) and the rules and regulations issued by the Illinois
Liquor Control Commission, as amended, pertaining to local control
of alcoholic beverages are hereby incorporated into and declared to
be a part of this article the same as if expressly set forth herein,
except those provisions which are specifically contrary to or inconsistent
with applicable provisions of this article.
