Unless the context otherwise requires, the terms used in this
chapter shall have the following meanings:
ALCOHOLIC LIQUOR
Any spirits, wine, beer, ale, or other liquid containing
more than 1/2 of 1% of alcohol by volume, which is fit for beverage
purposes.
CLUB
A corporation organized under the laws of this state, not
for pecuniary profit, solely for the promotion of some common object
other than the sale or consumption of alcoholic liquors, kept, used
and maintained by its members through the payment of dues and owning,
hiring or leasing a building or space in a building, of such extent
and character as may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests
and provided with suitable and adequate kitchen and dining room space
and equipment and maintaining a sufficient number of servants and
employees for cooking, preparing and serving food and meals for its
members and guests; provided that such club files with the Mayor at
the time of its application for a license under this chapter two copies
of a list of names and residences of its members and similarly files
within 10 days of the election of any additional members their names
and addresses, and provided further that its affairs and management
are conducted by a Board of Directors, Executive Committee, or similar
body chosen by the members at their annual meeting, and that no member
or any officer, agent or employee of the club is paid 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 introduced by members
beyond the amount of such salary as may be fixed and voted at any
annual meeting by the members or by its Board of Directors or other
governing body out of the general revenue of the club.
DISTILLER
A person who distills, ferments, brews, makes, mixes, concocts,
processes, blends, bottles or fills an original package with any alcoholic
liquor. A distiller may make sales and deliveries of alcoholic liquor
to distillers, rectifiers, importing distributors, distributors and
nonbeverage users and to no other licensees.
[Added by Ord. No. 05-02-16]
HOTEL
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where food is
actually served and consumed and sleeping accommodations are offered
for adequate pay to travelers and guests, whether transient permanent
or residential, in which 25 or more rooms are used for the sleeping
accommodations of the guests and having one or more dining rooms where
meals are served to such guests, such sleeping accommodations and
dining rooms being conducted in the same building or buildings, structure
or structures and being provided with adequate and sanitary kitchen
and dining room equipment and capacity.
RESTAURANT
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, without sleeping accommodations,
such space being provided 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 suitable food
for its guests.
RETAIL SALE
The sale for use or consumption and not for resale.
It shall be unlawful to sell or offer for sale at retail in
the City any alcoholic liquor without having a retail liquor dealer's
license, or in violation of the terms of such license.
No such licenses shall be issued to:
A. A person who is not a resident of the City.
B. A person who is not of good character and reputation in this community.
C. A person who is not a citizen of the United States.
D. A person who has been convicted of a felony under the laws of the
State of Illinois, unless the Commission 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
Commission's investigation. The burden of proof of sufficient rehabilitation
shall be on the applicant.
E. 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.
F. A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality.
G. A person whose license issued under this chapter has been revoked
for cause.
H. 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.
I. A copartnership, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership would not be eligible to receive
a license hereunder for any reason other than residence within the
City, unless residency is required by the City.
J. 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 hereunder for any reason other
than citizenship and residence within the political subdivision.
K. A person whose place of business is conducted by a manager or agent
unless the manager or agent possesses the same qualifications required
of the licensee.
L. 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 April 16, 1934, or shall have forfeited his bond
to appear in court to answer charges for any such violation.
M. A person who does not 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, or who is not the beneficial owner of the
business operated by the licensee.
N. Any law-enforcing public official, any Mayor, Alderman, or member of the City Council; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any Alderman in relation to premises that are located within the territory subject to the jurisdiction of that official if (i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, (ii) the issuance of the license is approved by the State Commission, (iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and (iv) the official granted a license does not vote on alcoholic liquor issues pending before the City Council. Notwithstanding any provision of this Subsection
N to the contrary, an Alderman or member of the City Council may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law-enforcing public official or the Mayor. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the Mayor may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Council has made a local liquor control commissioner appointment that complies with the requirements of Section 4-2 of the State Liquor Control Act.
O. Any person, association or corporation not eligible for a state retail
liquor dealer's license.
P. A person who has been convicted of a gambling offense as proscribed
by any of 720 ILCS 5/28-1, Subsections (a)(3) through (a)(11), or
as proscribed by 720 ILCS 5/28-1.1 or 28-3 of the Criminal Code of
2012, or as proscribed by a statute replaced by any of the aforesaid
statutory provisions.
Q. A person or entity to whom or which a federal wagering stamp has
been issued by the federal government, unless the person or entity
is eligible to be issued a license under the Raffles and Poker Runs
Act (230 ILCS 15/1 et seq.) or the Illinois Pull Tabs and Jar Games
Act (230 ILCS 20/1 et seq.).
R. 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 out in 235 ILCS 5/6-21, Subsection
(a).
S. A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this Subsection
S, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
T. A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection
T, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Added by Ord. No. 04-06-15A]
Each liquor license issued under this chapter shall expire and
terminate on April 30 next following its issuance. The license fee
to be paid shall be reduced in proportion to the full calendar months
which have expired in the year prior to the issuance of the license.
In the absence of provisions to the contrary, no unused license fees
shall be recognized, nor shall license fee refunds be made.
Liquor licenses are divided into six classes:
A. Class A licenses shall authorize the retail sale of all alcoholic
liquors on the premises of any tavern for consumption on the premises,
as well as "package" retail sales of such liquor. Food may be sold
at these establishments, but may not make up more than 25% of the
gross revenue of said establishment.
[Amended by Ord. No. 02-21-06]
B. Class B licenses, which are issued to clubs and which authorize the
retail sale on the premises specified of alcoholic liquor for consumption
on the premises as well as other retail sales of such liquor to members
of the club and their guests. Class B licenses shall be issued only
to organized clubs and are divided into two classes, namely:
[Amended by Ord. No. 04-06-15A]
(1) Class B-1: The local Liquor Commissioner, together with the Committee
on Finance, Ordinance, Building and Zoning of the Council, may, upon
request of the licensee, issue a permit for the retail sale of alcoholic
liquor to the public, which permit shall authorize the sale for not
more than one day or one night; provided that no more than 12 permits
in one year shall be granted to said licensee. No sales shall be permitted
to be made by the club to the public unless a permit has been issued
to the club as hereinabove set forth.
(2) Class B-2: The licensee under this classification, upon payment of
a fee to the City Clerk in an amount set from time to time by the
City Council, may apply to the local Liquor Commissioner and to the
Committee on Finance, Ordinance, Building and Zoning of the Council
for a permit for the retail sale of alcoholic liquor to the public,
which permit shall permit the sale for not more than one day or one
night; provided that no more than 12 permits in one year shall be
granted to the licensee. No sale shall be permitted to be made by
the club to the public unless a permit has been issued to the club
as hereinabove set forth.
C. Class C licenses shall authorize the sale of beer and wine only at
retail on the premises specified, for consumption on said premises.
D. Class D licenses shall authorize the retail sale of beer and wine
only in packages to be removed from the premises and which in no case
authorizes the consumption of said beer or wine on the premises.
E. Class E licenses shall authorize the retail sale of alcoholic liquor,
beer and wine in packages to be removed from the premises and which
in no case authorizes the consumption of said alcoholic liquor or
beer or wine on the premises. Class "E" licenses shall be issued only
to those establishments whose primary business is that of the retail
sale of said alcoholic liquor, beer and wine in packages as described
above.
F. Class "beer and wine garden" licenses shall authorize the licensee
to sell or distribute beer and wine at a beer and wine garden, on
a daily-use basis on premises only, when the purpose of such is solely
for the promotion of some common object other than the sale or consumption
of alcoholic liquors.
G. Class F licenses shall authorize the retail sale of alcoholic liquor,
beer and wine in packages to be removed from the premises but does
not authorize the consumption of alcoholic liquor, beer or wine on
the premises. Class "F" licenses shall only be issued to those establishments
whose primary business is retail sale of groceries and/or pharmaceuticals,
health and beauty products.
[Added by Ord. No. 11-01-04; amended by Ord. No.
06-15-09C]
H. Class G licenses shall authorize the retail sale of all alcoholic
liquors on the premises in any restaurant, as well as "package" retail
sales of such liquor. The sale of prepared food must be the primary
source of revenue for the establishment.
[Added by Ord. No. 02-21-06]
I. Class H licenses shall be issued to those establishments that function
as a rental hall/catering business where alcohol is sold. The retail
sale of alcoholic liquor at functions on premises must be in conjunction
with an event lasting less than one day and the sale of alcohol is
not a daily occurrence. The retail sale of alcoholic liquor at functions
off premises will be allowed when food is catered by the licensee
and the sale of alcoholic liquor is only incidental to the food service
provided for that function.
[Added by Ord. No. 02-21-06]
J. Class H-1 licenses shall be issued to those establishments that cater
food for a function within the City limits of the City of Mendota
but do not hold a Class H, A or G license issued by the City of Mendota.
The license expires with the conclusion of the function for which
the license was issued.
[Added by Ord. No. 02-21-06]
K. Class I
licenses shall be known as the “Craft Distiller License.”
It shall authorize a distiller the manufacture of spirits by distillation
in quantities not to exceed 500 gallons per calendar month and the
storage of such spirits. A craft distiller license shall allow the
licensee to sell to distributors, retailers and to nonlicensees in
accordance with the Liquor Control Act (or similar act) of the State
of Illinois and offers spirits for sale at retail in the premises
specified in such license for the use or consumption off the premises
except for tasting of spirits for which no remuneration shall be received;
a single tasting of distilled spirits not to exceed 1/4 of one ounce.
No more than three tastings of distilled spirits shall be provided
to any person on any day. It shall be unlawful for such licensee to
offer tasting or sell alcoholic liquor for consumption on the premises
between the hours of 1:00 a.m. and 6:00 a.m. on Monday; 2:00 a.m.
and 6:00 a.m. on Tuesday, Wednesday, Thursday, and Friday; 3:00 a.m.
and 6:00 a.m. on Saturday; or 3:00 a.m. and 9:00 a.m. on Sunday. The
annual license fee shall be set by the City Council from time to time.
[Added by Ord. No. 05-02-16]
[Added by Ord. No. 11-01-04; amended by Ord. No.
02-21-06; Ord. No. 04-06-15A]
The annual liquor license fees for the categories of licenses described in §
110-6 shall be as set forth in Chapter
193, Licenses, §
193-5, of the City Code.
All liquor license fees shall be paid to the Mayor at the time
application is made, and shall forthwith be turned over to the City
Clerk. In the event a license applied for is denied, the fee shall
be returned to the applicant. If the license is granted, the fee shall
be deposited in the general corporate fund or in such other fund as
shall have been designated by the Council by proper action.
No licenses for the sale at retail of any alcoholic liquor shall
be granted to any person whose place of business is located or designated
to be in any basement or in any story of any building other than the
first floor of any building. No license shall be granted where the
location is residence property.
The Mayor shall keep or cause to be kept a complete record of
all such licenses issued by him; and shall furnish the City Clerk,
Treasurer and Chief of Police each with a copy thereof. Upon the issuance
of any new license or the revocation of any old license, the Mayor
shall give written notice of such action to each of these officers
within 48 hours of such action.
A license shall be purely a personal privilege, good for not
to exceed one year after issuance unless sooner revoked, and shall
not constitute property, nor shall it be subject to attachment, garnishment
or execution, nor shall it be transferable, voluntarily or involuntarily,
or subject to being encumbered or hypothecated. Such license shall
not descend by the laws of testate or intestate devolution, but it
shall 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 such estate consists
in part of an alcoholic liquor or beer license, 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 such decedent, or such insolvency or bankruptcy
until the expiration of such license, but not longer than six months
after the death, insolvency or bankruptcy of such licensee. A refund
shall be made of that portion of the license fees paid for any period
in which the licensee shall be prevented from operating under such
license in accordance with the provisions of this chapter. In the
absence of provisions to the contrary, no unused license fees shall
be recognized, nor shall license fee refunds be made. Any licensee
may renew his license at the expiration thereof; provided he is then
qualified to receive a license and the premises for which such renewal
license is sought are suitable for such purpose; and provided, further,
that the renewal privilege herein provided for shall not be construed
as a vested right which shall in any case prevent the Mayor from decreasing
the number of licenses to be issued within his jurisdiction.
A retail liquor dealer's license shall permit the sale of alcoholic
liquor only on the premises described in the application and license.
Such location may be changed only upon the written permit to make
such change issued by the Mayor. No change of location shall be permitted
unless the proposed new location is a proper one for the retail sale
of alcoholic liquor or beer under the law of this state and the ordinances
of the City.
It shall be unlawful to peddle alcoholic liquors in the City.
All premises used for retail sale of alcoholic liquor or for
the storage of such liquor for such sale shall be kept in a clean
and sanitary condition, and shall be kept in full compliance with
the provisions of this Code regulating the condition of premises used
for the storage or sale of food for human consumption.
It shall be unlawful for any licensee, his agent or employee
to permit any male or female person to solicit any patron to purchase
for him or her any drink or drinks while in the licensed premises
or for such persons to permit any male or female person in his employ
to solicit any patron to purchase for him or her any drink or drinks
while in the licensed premises.
[Amended by Ord. No. 03-07-22A]
Entertainment shall be permitted upon a licensed premises, whether
such entertainment is paid entertainment or free, so long as said
entertainment is lawful and is concluded before midnight.
The Mayor may appoint Aldermen to assist him in the exercise
of the powers and duties herein provided at such compensation as may
be approved by the Council. Such group will be defined as the "Liquor
Commission."
Unless otherwise provided herein, any person or corporation who or which violates any of the provisions of this chapter shall be fined as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.