[HISTORY: Adopted by the City Council of the City of Mendota
as Ch. 34 of the 1998 Code. Amendments noted where applicable.]
Unless the context otherwise requires, the terms used in this
chapter shall have the following meanings:
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.
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.
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]
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.
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.
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.
A.
Application
for such license shall be made to the Mayor (Liquor Commissioner)
in writing, signed by the applicant, if an individual, or by a duly
authorized agent thereof, if a club or corporation, verified by oath
or affidavit, and shall contain the following information and statements:
(1)
The name, age and address of the applicant in the case of an individual;
in the case of a copartnership, the persons entitled to share in profits
thereof; and in the case of a corporation for profit or a club, the
date of incorporation, the object for which it was organized, the
names and addresses of the officers and directors, and if a majority
in interest of the stock of such corporation is owned by one person
or his nominee, the name and address of such person.
(2)
The location and description of the premises or place of business
which is to be operated under such license.
(3)
The citizenship of the applicant, his place of birth and if a naturalized
citizen, the time and place of his naturalization.
(4)
The character of the business of the applicant, and in case of a
corporation, the object for which it was formed.
(5)
A statement whether applicant has made similar application for a
similar other license on premises other than described in this application,
and disposition of such application.
(6)
A statement that applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in this chapter, laws of this state or ordinances
of this City.
(7)
Whether a previous license by any state or subdivision thereof, or
by the federal government, has been revoked, and the reason therefor.
(8)
Whether the proposed location of the business is within 100 feet
of any church, school or hospital or other prohibited institutions.
(9)
Whether any law-enforcing public official is directly or indirectly
interested in the business for which the license is sought.
(10)
A statement that the applicant will not violate any of the laws
of the State of Illinois or of the United States, or any ordinance
of the City, in the conduct of his place of business.
B.
Beer and wine garden license applications shall require that the
not-for-profit organization organized under the laws of the State
of Illinois submit two copies of an up-to-date list of the names and
residences of its present members, Articles of Incorporation, a list
of the members of the Board of Directors, Executive Committee or similar
body chosen by the members as a governing body for the corporation,
and a statement of the general purpose for conducting the beer and
wine garden and the use to be made of the profits from the distribution
or sale of said beer and wine, which statement is to be signed by
the President of said corporation.
C.
All new applications for liquor licenses shall be accompanied by
a processing fee when a background check is required, in an amount
set from time to time by the City Council. License renewal shall not
be subject to a processing fee.[1]
D.
The application for a liquor license in the City of Mendota shall
be in the following form:
[Added by Ord. No. 4-19-99[2]]
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APPLICATION FOR CITY LIQUOR RETAILER'S LICENSE
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The undersigned hereby make(s) application for issuance of a
City retailer's license for the sale of alcoholic liquor for the term
beginning __________, _____, and ending __________, _____, and hereby
certify(ies) to the following facts:
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1)
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Applicant's full name:
(If a partnership or corporation give names of all owners of
more than 5%.)
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Name under which business is to be conducted:
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2)
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Location of place of business for which license is sought:
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(A)
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(Exact address by street and number) (Zip code)
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(B)
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(Full description of location, place or premises, specifying
floor, room, etc.)
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3)
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State principal kind of business:
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4)
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Class of license applied for:
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5)
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Does applicant seek a license to sell alcoholic liquor upon
the premises as a restaurant?
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(A)
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Maintained and held out to the public as a place where meals
are actually and regularly served?
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(B)
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Provided with adequate and sanitary kitchen and dining room
equipment and capacity, with sufficient employees to prepare, cook
and serve suitable food?
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6)
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Does applicant own premises for which this license is sought?
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7)
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Has applicant a lease on such premises covering the full period
for which the license is sought? ______________ If so, attach copy.
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8)
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Is applicant licensed as a food dispenser?
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9)
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Is the location of applicant's business for which license is
sought within 100 feet property line to property line from institutions
of higher learning, of any school, hospital, home for aged or indigent
persons, or for veterans, their wives or children, or any military
or naval station, or 100 feet building to building from a church?
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10)
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Is any law-enforcing public official, Mayor, Alderman, member
of the City Council or commission, or any President or member of a
county board directly interested in the business for which this license
is sought?
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11)
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Has any manufacturer, importing distributor or distributor directly
or indirectly paid or agreed to pay for this license, advanced money
or anything of value, or any credit (other than merchandising credit
in the ordinary course of business for a period not to exceed 30 days),
or is such person directly or indirectly interested in the ownership,
conduct or operation of the place of business?
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12)
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Is the applicant or any affiliate, associate, subsidiary, officer,
director or other agent engaged in the manufacture of alcoholic liquors?
If so, at what location or locations?
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13)
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Is the applicant engaged in the business of an importing distributor
or distributor of alcoholic liquors?
If so, at what location or locations?
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14)
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Will the business be conducted by a manager or agent? __________
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If so, give name and residence address of such manager or agent:
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Name
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Address
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15)
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Do you hold any other current business licenses issued by the
City?
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If so, what type of license do you currently hold and what is
the address of the licensed premises?
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(Type)
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(Address)
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Individual Applicant:
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16)
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a.
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Name
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Date of birth
(Month) (Day) (Year)
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b.
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Residence address
(give street and number)
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c.
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Place of birth
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d.
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Are you a citizen of the United States: _________
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If a naturalized citizen, when naturalized?
(Month, Day, Year)
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Where naturalized?
(City and State)
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Court in which (or law under which) naturalized
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e.
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Have you ever been convicted of any felony under any federal
or state law?
If so, give date and state offense:
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f.
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Have you ever been convicted of being the keeper of a place
of prostitution or a place of juvenile prostitution; or of pandering
or other crime or misdemeanor opposed to decency and morality?
If so, give date and state offense:
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g.
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Have you ever been convicted of a violation of a federal or
state liquor law since February 1, 1934?
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If so, give date and state offense:
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h.
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Have you ever permitted an appearance bond forfeiture for any
of the violations mentioned in (g)?____________________
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i.
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Have you made application for other similar license for premises
other than described in this application?
If so, give date, location of premises and disposition of application:
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j.
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Has any license previously issued to you by state, federal or
local authorities been revoked, suspended or fined?
If so, state reasons therefor and date(s)
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AFFIDAVIT
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STATE OF ILLINOIS
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)
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)ss
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COUNTY OF LaSALLE
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)
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I, (or we) swear (or affirm) that I (or we) will not violate
any of the ordinances of the City of Mendota, or the law of the State
of Illinois of the laws of the United States of America in the conduct
of the place of business described herein and that the statements
contained in this application are true and correct to the best of
my (our) knowledge and belief.
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(Signature of applicant)
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SUBSCRIBED AND SWORN to before
me this _____ day of __________, _____.
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__________________________________ Notary Public
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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.[1]
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.[2]
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.[3]
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.[4]
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.[5]
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.[6]
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.).[7]
R.
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.[9]
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]
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.
A.
The number of licenses in each respective category shall at no time
exceed the following:
[Amended by Ord. No. 11-01-04; Ord. No. 02-21-06; Ord. No. 06-15-09C; Ord. No. 12-19-11A; Ord. No. 04-15-13; Ord. No. 05-02-16; Ord. No. 03-07-22A]
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Class A
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6
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Class B
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4
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Class C
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6
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Class D
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10
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Class E
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2
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Class F
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2
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Class G
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11
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Class H
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4
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Class H-1
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No limit
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Beer Garden
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No limit
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B.
All Class A licenses shall have the right to a renewal or reissuance
of such license for the same or a different place upon compliance
with the provisions of this chapter governing the issuance of Class
A licenses. Such Class A license may assign or convey the right to
a renewal or reissuance thereof to another person in accordance with
the procedure hereinafter set forth. Such assignee, upon full compliance
with the provisions of this chapter governing the issuance of such
licenses, shall be entitled to a renewal or reissuance of such license
in his own name. Each such holder of a Class A license, in turn, may
assign or convey such right to a renewal or reissuance of such license
upon the same terms and conditions as the original owner thereof could
do hereunder; provided, however, that the privilege of renewal and/or
reissue provided in this section shall apply only so long as the license
in each case shall have been kept in force continually and uninterruptedly
in the name of the licensee or his successor in interest. Nothing
herein provided shall be deemed to restrict the right of the local
Liquor Commissioner to revoke any such license or to restrict the
right of the City to decrease the number of Class A licenses.
C.
All such assignments shall be in writing, signed by the licensees,
and shall be filed with the Mayor, who shall keep a true and complete
record of all such assignments. Upon the filing of any such assignment
there shall be endorsed thereon the time of filing, and upon full
compliance by the assignee with all the laws and ordinances pertaining
to the qualifications of an applicant for such license and the surrender
of the old license for cancellation, there shall (unless the old license
shall have been revoked and not thereafter restored) be issued to
the assignee named in such assignment a license for the same place
or a different place from that specified in the old license, in lieu
of the one so surrendered, for the unexpired portion of the period
of the license so surrendered. Such new license shall be issued only
upon the payment of a fee as set from time to time by the City Council;
and if the entire license period has expired there shall be issued
upon the expiration of the license period a new license to the assignee
upon the payment of the regular license fee for a Class A license.
[Amended by Ord. No. 04-06-15A]
A.
An application for a liquor license shall be accompanied by a bond
to the City of Mendota in the sum of $500. Such bond shall be a joint
and several bond executed by the applicant with two sureties or a
surety company licensed to do business in the State of Illinois as
surety thereon, conditioned upon the true and faithful compliance
with this chapter and the laws of the State of Illinois relating to
alcoholic liquors and conditioned further for the payment of fines,
penalties and judgments levied and liabilities arising out of the
unlawful sale of alcoholic liquors or any other violation of this
chapter.
B.
In lieu of the prior bond, a liquor licensee shall pay a one-time
fee of $50 to the City of Mendota. Said fee shall be placed in a separate
liquor fee account to be held for the purpose of paying fines, penalties
and judgments levied arising out of this chapter.
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.
A.
No person to whom a Class A, B-1, C, D, E, F, G, H, H-1 or beer and
wine garden license to sell alcoholic liquor or beer has been issued
shall be open for business before 6:00 a.m. nor later than 2:00 a.m.
in the morning of the following day on Monday, Tuesday, Wednesday
and Thursday; nor before 6:00 a.m. nor later than 3:00 a.m. on Friday
and Saturday in the morning of the following day; nor before 9:00
a.m. nor later than 1:00 a.m. the following morning on Sunday; provided
that no liquor may be sold or distributed on the premises until 11:00
a.m. The establishment may open and sell other nonalcoholic merchandise
and food supplies commencing at 9:00 a.m. on Sunday morning.[1]
(1)
Alcoholic beverages may be served on Sunday morning prior to 11:00
a.m. in conjunction with a business that is operating a restaurant/brunch.
Said alcohol may be served only in the non-bar area of the restaurant
and shall be served no earlier than 8:00 a.m. Sunday morning and only
when the proper liquor license has been secured by the licensee.
(2)
A person holding a Class B-2 license to sell alcoholic liquor or
beer may be open for business from 6:00 p.m. to 1:00 a.m. in the morning
of the following day, Monday through and including Saturday, and from
2:00 p.m. to 12:00 midnight on Sunday.
B.
Standard time or daylight savings time, whichever is in effect, shall
control the hours above mentioned.
C.
The only persons allowed on the premises from closing hours to opening
hours shall be the owners and actual employed personnel.
D.
The places of business shall close at 6:00 p.m. on December 24 each
year and not open again until 11:00 a.m. the following day.
E.
During the prohibited hours of sale, every Class B-1 and Class B-2 operator shall keep the bar located on the club premises closed and the doors thereto securely locked during the prohibited hours of sale, and no club licensed hereunder shall sell, permit to be sold or give away any liquor except between the hours permitted under the above § 110-17.
F.
It shall be unlawful for any licensee, his agent or employee to permit
any alcoholic liquors to be consumed upon the premises so licensed
except during the hours which under the law such licensee may legally
sell alcoholic liquors on such premises.
G.
Any establishment having a Class D or E liquor license shall be permitted
to open at any time for the sale of nonalcoholic items.
H.
Any establishment having a Class D or E liquor license shall be permitted
to sell alcoholic beverages commencing at 9:00 a.m. on Sunday mornings.
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.
A.
It shall be unlawful for any person under the age of 21 years to
purchase or obtain any alcoholic liquor in any tavern or other place
in the City of Mendota, Illinois where alcoholic liquor is sold. It
shall be unlawful for any person under the age of 21 to misrepresent
his or her age for the purpose of purchasing or obtaining alcoholic
liquor in any tavern or other place in the City of Mendota, Illinois
where alcoholic liquor is sold. It shall be unlawful for any person
under the age of 21 years to be present, remain or loiter in any tavern
or other place in the City of Mendota, Illinois where alcoholic liquor
is sold unless accompanied by his or her legally aged parent, guardian,
or spouse; except that said persons under the age of 21 shall not
be prohibited from entering upon premises where the principal business
is the sale of food or other commodities other than alcoholic liquor.
In every tavern or other place in the City of Mendota, Illinois 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 City
Clerk and which shall read substantially as follows:
|
"WARNING TO PERSONS UNDER THE AGE OF 21 YEARS
| |
|---|---|
|
You are subject to a minimum fine of $50 and a maximum fine
of $750 under the ordinances of the City of Mendota, Illinois if you
purchase alcoholic liquor or misrepresent your age for the purpose
of purchasing or obtaining alcoholic liquor, or if you are present
in or loiter in any tavern or place where alcoholic liquor is sold
unless accompanied by a legally aged parent, guardian, or spouse."
|
B.
It shall be unlawful for any holder of a retail liquor dealer's license,
or his agent or employee, to suffer or permit any minor to be or remain
in any room or compartment adjoining or adjacent to or situated in
the room or place where such licensed premises is located; provided
that this subsection shall not apply to any minor who is accompanied
by his or her legally aged parent, guardian, or spouse, or to any
licensed premises which derives its principal business from the sale
of food or commodities other than alcoholic liquor.
C.
In addition to all other fines and penalties, the Mayor may revoke
the retail liquor dealer's license for any violation of the above
subsection. It shall be unlawful for any legally aged parent, guardian,
or spouse to permit any minor child of which he or she may be parent,
guardian, or spouse to violate any provision of this section.
E.
It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this section if he or she knowingly authorizes or permits consumption of alcoholic liquor by underage invitees. Nothing in this Subsection E shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.[2]
A.
No person shall consume any alcoholic beverage, or have any alcoholic
beverage in his possession except in the original package and with
the seal unbroken, on any public sidewalk, street or public parking
lot in the City of Mendota.
B.
It shall be unlawful to consume or possess any beer or alcoholic
liquor within the Mendota Swimming Pool, Little League Diamond and
surrounding area.
A.
Any person to whom the sale, gift or delivery of any alcoholic liquor
is prohibited because of age shall not purchase or accept a gift of
such alcoholic liquor or have such alcoholic liquor in his possession.
B.
If a licensee, or his agents or employees, believes or has reason
to believe that a sale or delivery of any alcoholic liquor is prohibited
because of the prospective recipient being underage, he shall, before
making such sale or delivery, demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his official duties.
C.
No person shall transfer, alter or deface such an identification
card; use the identification card of another; carry or use a false
or forged identification card; or obtain an identification card by
means of false information. No person shall purchase, accept delivery
or have possession of alcoholic liquor in violation of this section.
The consumption of alcoholic liquor by any person under 21 years of
age is forbidden.
D.
The possession and dispensing or consumption by a minor of alcoholic
liquor in the performance of a religious service or ceremony or the
consumption by a minor under the direct supervision and approval of
the parents or parent or those persons standing in loco parentis of
such minor in the privacy of a home, is not prohibited by this chapter.
E.
Employment.[1]
(1)
Persons 18, 19 and 20 years of age may work in and service liquor
in establishments located within the City of Mendota, provided that
any package beer, wine or liquor sales shall require an individual
not less than 21 years of age to check out and receive money for said
purchase of alcohol.
(2)
In addition, any person or business convicted of violating this chapter
may be subject to liquor license suspension or revocation as provided
by the Liquor Control Act of the State of Illinois and by local ordinance.
F.
The provisions of this chapter prohibiting the possession of alcoholic
liquor by a person under 21 years of age and dispensing of alcoholic
liquor to a person under 21 years of age do not apply in the case
of a student under 21 years of age, but 18 years of age or older,
who:[2]
(1)
Tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in Subsection F(2);
(2)
Is
enrolled as a student in a college, university, or post-secondary
educational institution that is accredited or certified by an agency
recognized by the United States Department of Education or a nationally
recognized accrediting agency or association, or that has a permit
of approval issued by the Board of Higher Education pursuant to the
Private Business and Vocational Schools Act of 2012 (105 ILCS 426/1
et seq.);
(3)
Is
participating in a culinary arts, food service, or restaurant management
degree program of which a portion of the program includes instruction
on responsible alcoholic beverage serving methods modeled after the
Beverage Alcohol Sellers and Server Education and Training (BASSET)
curriculum; and
(4)
Tastes,
but does not imbibe, alcoholic liquor for instructional purposes up
to, but not exceeding, six times per class as a part of a required
course in which the student temporarily possesses alcoholic liquor
for tasting, not imbibing, purposes only in a class setting on the
campus and, thereafter, the alcoholic liquor is possessed and remains
under the control of the instructor.
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."
