[Adopted 3-25-2014 by Ord. No. 14-021; amended in its entirety 7-10-2019 by Ord. No. 19-020]
All words and phrases used in this article, not otherwise defined
herein, and which are defined in the Liquor Control Act of 1934 ("Act"),
235 ILCS 5/1-1 et seq., shall have the meanings accorded to such words
and phrases in the Act. Unless the context otherwise requires, the
following terms, as used in this article, shall be construed according
to the definitions given below:
Includes any business activity or operation that brings the
public to a farm or rural setting to enjoy traditional agricultural
uses, or the enjoyment of related outdoor activities. Agritourism
allows certain operations relative to farming which are developed
to attract tourists and visitors to a particular parcel or parcels
of property.
Any alcohol, spirits, wine, beer, ale or other liquid manufactured,
produced or distilled for or fit for beverage purposes that contains
any amount of alcohol, including beverages commonly known as "near
beer," "nonalcoholic beer," or "nonalcoholic wine" whose taste, color,
odor and consistency are similar to the alcoholic beverages known
as beer and wine and, except for the reduced alcohol content, are
marketed as being similar to beer or wine.
A beverage obtained by the alcoholic fermentation of an infusion
or concoction of barley or other grain, malt, and hops in water, and
includes, among other things, beer, ale, stout, lager beer, porter
and the like.
A person or other entity who or which manufactures beer as
defined elsewhere herein, only at a designated premises, for the sole
purpose of sale and consumption only at and within such premises and
for such sale and consumption and who or which is authorized to sell
solely at retail.
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 and consumption of alcoholic liquors which conforms
to the definition of "club" in Section 1-3.24 of the Act (235 ILCS
5/1-3.24).
A prearranged function in which an entity enters into a rental
agreement or contract for the use of a theater for events, film viewing/critique
or theater production/box office events.
Beer from a craft brewery that:
Includes craft beer and craft spirits.
A place kept, used, maintained, advertised or held out to
the public as a place in which the primary business is the distribution,
manufacture, packaging, sale and storage of craft products or wine
produced on the premises in compliance with federal and state laws.
Spirits from a craft distillery that manufactures alcoholic
liquor in quantities not greater than 100,000 gallons per calendar
year or such quantities as may be permitted under the Illinois Liquor
Control Act, as amended from time to time.
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where food is
available 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
and dining rooms being conducted in the same building or buildings
in connection therewith, and such building or buildings, structure
or structures being provided with adequate and sanitary kitchen and
dining room equipment and capacity, and where meals are actually served
and regularly served; provided that no hotel or motel licensed alone
as such shall sell alcoholic liquor except with meals.
Any building or other structure that meets all requirements
of the definition of "hotel or motel (full service)" other than having
a dining room or a kitchen on the premises.
Any person who has not attained the age of 21 years.
Any public place kept, used, maintained, advertised and held
out to the public as a place where meals are cooked and prepared in
an adequate and sanitary kitchen located on the licensed premises
using stoves, ovens, fryers and related equipment located on the licensed
premises and which are protected by a fire protection system that
conforms with Village ordinances. The sale of packaged foods such
as potato chips, pretzels, popcorn, peanuts or other similar snacks
or frozen or premade foods such as pizzas, hamburgers or sandwiches
which can be prepared by heating or warming in an oven shall not be
considered food prepared and served on premises, as required herein.
The sale for use or consumption and not for resale.
A multifamily dwelling complex and health center where meal
service and recreational activities are provided to occupants 55 years
of age or older.
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,
and includes and means all sales made by any person, whether principal,
proprietor, agent, servant, or employee. The term "sale" includes
any transfer of alcoholic liquor from a foreign importer's license
to any importing distributor's license, even if both licenses are
held by the same person.
Establishments where the public may receive grooming services,
at a barber, beauty or nail salon. Salon establishments that offer
any type of massage or massage therapy services as defined by the
state (225 ILCS 57/1) will be considered on a case-by-case basis.
[Added 12-13-2023 by Ord. No. 23-065]
An educational institution, including preschools and day-care
centers, but not including undergraduate or postgraduate colleges
and universities, having a formal curriculum consisting of recognized
academic subjects.
An integrated group of commercial establishments which is
planned, developed, and managed as a unit with customer and employee
parking provided on site, provision for goods delivery separated from
customer access, aesthetic consideration and protection from the elements.
Any beverage which contains alcohol obtained by distillation
mixed with water or other substance in solution, and includes brandy,
rum, whiskey, gin, or other spiritous liquors, and such liquors when
rectified, blended or otherwise mixed with alcohol or other substances.
Any public place kept, used, maintained, advertised and held
out to the public as a golf course, bowling alley, health club, indoor
sports facility, indoor simulated golf, arcade, active family entertainment
attractions, tennis, racquetball or handball club or facility, whether
such place is open to the public in general or only available to those
who have paid a membership fee and where at least 60% of the facility's
total annual revenue is derived from sources other than the sale of
alcoholic beverages.
The Illinois Liquor Control Commission, as defined Section
3-1 of the Act (235 ILCS 5/3-1).
A place kept, used, maintained, advertised or held out to
the public as a place regularly used for showing motion pictures/films
or conducting theatrical, musical or live performances or events.
Theatrical, musical, live performances or special events
in which tickets are sold to the general public. These productions
shall not include regularly scheduled motion pictures or films.
Any electronic video game machine that, upon insertion of
cash, electronic cards or vouchers, or any combination thereof, is
available to play or simulate the play of a video game, including
but not limited to video poker, line up, and blackjack, utilizing
a video display and microprocessors in which the player may receive
free games or credits that can be redeemed for cash. The term does
not include a machine that directly dispenses coins, cash, or tokens
or is for amusement purposes only.
Any alcoholic beverage obtained by the fermentation of the
natural contents of fruits, or vegetables, containing sugar, including
such beverages when fortified by the addition of alcohol or spirits,
as above defined.
A premises where the sale of wine and/or craft beer is the
primary business. A wine/craft beer boutique (also known as "tasting
room" or "tap room") can either adjoin the premises of a restaurant
or operate as a standalone establishment. The retail sale of wine
or craft beer by the drink for consumption on the premises and the
retail sale of packaged wine or craft beer to be consumed off of the
premises would be permitted.
A.
Liquor Commissioner. The Village President shall be the Local Liquor
Control Commissioner (hereinafter "Commissioner") and shall be charged
with the administration of such ordinances and resolutions relating
to alcoholic liquor as may be enacted. The Commissioner may appoint
a person or persons to assist in the exercise of the powers and duties
of the Commissioner.
B.
Powers, duties and functions. The Commissioner shall have the following
powers, functions and duties with respect to local liquor licenses:
(1)
To grant and/or suspend for not more than 30 days, or revoke for
cause, all local licenses issued to persons or entities for premises
within the Commissioner's jurisdiction, and to impose fines as authorized
in this article.
(2)
To enter or to authorize any law enforcement officer to enter, at
any time, upon the premises licensed hereunder to determine whether
any of the provisions of the Act or any Village ordinance, or any
rules or regulations adopted by the Commissioner or by the State Commission,
have been or are being violated, and at such time to examine the premises
of the licensee in connection therewith. Any person or persons appointed
by the Commissioner pursuant to this section shall have the power
given to the Commissioner by this subsection.
(3)
To receive complaints that any of the provisions of the Act or any
Village ordinance have been or are being violated, and to act upon
such complaint(s) in the manner provided by law.
(4)
To receive local license fees and pay same to the Treasurer.
(5)
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, or any licensee
against whom a citation proceeding has been instituted by the State
Commission; to examine, or cause to be examined, the books and records
of any such applicant or licensee or respondent; to hear testimony;
and for such purposes to issue subpoenas which shall be effective
in any part of this state. For the purpose of obtaining any of the
information desired by the Commissioner under this section, the Commissioner
may authorize his or her agent to act on his or her behalf.
(6)
To order, upon the issuance of a written order, a licensed premises
closed for not more than seven days, giving the licensee an opportunity
to be heard during that period, if the Commissioner has reason to
believe that any continued operation of a particular licensed premises
will immediately threaten the welfare of the community; except that
if such licensee shall also be engaged in the conduct of another business
on the licensed premises, such order shall not be applicable to such
other business.
It shall be unlawful to sell or offer for sale at retail in
the Village any alcoholic liquor without having a liquor license,
or in violation of the terms of such license. Applications for such
licenses shall be made to the Commissioner.
A.
Applications for liquor licenses shall be made to the 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 statements and information and
be in the form provided for in the rules and regulations of the Commissioner.
B.
All managers for all licensed liquor businesses must meet all pertinent
licensing requirements of this article as if they were applicants
for individual licenses. The qualification requirements for managers
shall be conditions attached to the license of the business employing
them, and any violations of those requirements can result in license
penalties for the employing business, including suspension, revocation,
and/or fines.
[Amended 12-13-2023 by Ord. No. 23-065]
C.
A background check is required for initial first-time license applicants.
This is done through fingerprinting. The following individuals are
required to be fingerprinted:
[Amended 12-13-2023 by Ord. No. 23-065]
(1)
All officers, managers, directors, partners or persons holding directly,
beneficially or through any form or indirect or concealed ownership
or control, more than five percent (5%) of the stock or ownership
interest. The Commissioner may, in his or her discretion, require
any applicant for a renewal of a liquor license to be fingerprinted.
(2)
All such fingerprinting shall be done by the Commisioner's designated
vendor. Said fingerprints shall be submitted to the appropriate state
and/or federal agencies for processing. The cost of fingerprinting
shall be paid by the applicant to the designated vendor.
D.
The Commissioner shall issue a written approval or rejection of an
application within 60 days of its receipt by the Commissioner; or
shall notify any applicant of the reasons for further time being necessary
to complete the investigation or processing; or shall schedule a hearing
on the application for a liquor license as allowed by Section 7-9
of the Act (235 ILCS 5/7-9).
The fact that an applicant has been convicted of or has been
placed on supervision for a drug- or alcohol-related offense or suspension
of a liquor license in any other jurisdiction shall be considered
in the review of an application for a liquor license or renewal thereof,
and may be the basis for the denial of the license or renewal of any
license hereunder. For purposes of this article, "alcohol-related
offense" includes driving while under the influence of intoxicating
liquor, and any offenses involving the possession, transfer or consumption
of alcohol. No such license shall be issued to:
A.
A person who is not a resident of the Village in which the premises
are located. (This provision only applies to liquor licensees who
are operating as a sole proprietor, as opposed to a corporation. LLC
or partnership. Officers/members of those types of business entities
are not required to be residents of the Village.)
[Amended 12-13-2023 by Ord. No. 23-065]
B.
A person who is not of good character and reputation in the community
in which such person resides.
C.
A person who is not a citizen of the United States.
D.
A person who has been convicted of a felony under any federal or
state law, 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 under this article, or any similar regulatory
ordinance or statute, has been revoked for cause.
H.
A person who at the time of renewal would not be eligible for a license
upon initial application.
[Amended 12-13-2023 by Ord. No. 23-065]
I.
A co-partnership if a general partnership or limited partnership
thereof owning more than 5% of the aggregate limited partner interest
in the co-partnership would not be eligible to receive a license hereunder
for any reason other than residence within the Village, unless residency
is required hereunder.
[Amended 12-13-2023 by Ord. No. 23-065]
J.
A corporation or limited-liability company if any member, officer,
manager, or director thereof, or any stockholder 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
or residency.
[Amended 12-13-2023 by Ord. No. 23-065]
K.
A corporation or limited-liability company, unless it is incorporated
in Illinois, or unless it is a foreign corporation which is qualified
under the Business Corporation Act (805 ILCS 5/1.01 et seq.) to transact
business in Illinois.
L.
A person whose place of business is conducted by a manager or agent,
unless said manager or agent possesses the same qualifications required
by the licensee, and except that such manager or agent shall not be
required to reside within the Village.
[Amended 12-13-2023 by Ord. No. 23-065]
M.
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor, or who shall have forfeited his or her bond to appear in court
to answer charges for any such violation.
N.
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 issued.
O.
Any elected public official, Homer Glen officer or employee or member
of any Homer Glen Village board or commission; and no such official
shall have any ownership interest or direct pecuniary interest, in
part or in whole, in an establishment or in the manufacture, sale
or distribution of alcoholic liquor in the Village, 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 member of the Village Board of Trustees in relation to premises
that are located within the territory subject to the jurisdiction
of that official if: 1) the sale of alcoholic liquor pursuant to the
license is incidental to the selling of food; 2) the issuance of the
license is approved by the State Commission; 3) the issuance of the
license is in accordance with all applicable local ordinances in effect
where the premises are located; and 4) the official granted a license
does not vote on alcoholic liquor issues pending before the Board.
Notwithstanding any provision of this subsection to the contrary,
a member of the Village Board of Trustees, other than the President
of the Village Board of Trustees, 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 Village Board
President. 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 Village President may have an
interest in the manufacture, sale, or distribution of alcoholic liquor
as long as the Village Board has made a local liquor control commissioner
appointment that complies with the requirements of Section 4-2 of
the Act (235 ILCS 5/4-2).
P.
Any person, firm or corporation not eligible for a state retail liquor
dealer's license.
Q.
Any applicant who fails to obtain a state liquor license.
R.
A person who is not a beneficial owner of the business to be operated
by the licensee.
S.
A person who has been convicted of a gambling offense as prescribed
by state statute.
T.
Any premises from which alcoholic liquor may be sold at a drive-through
facility where the customer or purchaser can purchase or receive delivery
or alcoholic liquor without exiting a motor vehicle or without entering
such building or structure where alcoholic liquor is sold.
[Amended 12-13-2023 by Ord. No. 23-065]
The Village Clerk shall keep a complete record of all liquor
licenses issued.
No liquor license shall be granted to an applicant until such
applicant shall furnish evidence satisfactory to the Commissioner
that such applicant is covered by a policy of dram shop insurance
issued by a responsible insurance company authorized and licensed
to do business in the State of Illinois insuring such applicant against
liability which such applicant may incur under the provisions of Section
6-21 of the Act (235 ILCS 5/6-21). The evidence of the insurance policy
shall indicate that the term of the insurance is of sufficient length
to encompass the period of the license sought.
Each license issued hereunder shall terminate on April 30 following
the issuance thereof. Any licensee may renew such license at the expiration
thereof, provided that the licensee is then qualified to receive a
license and the premises for which such renewal license is sought
are suitable for such purpose; provided, further, that the renewal
privilege herein provided for shall not be construed as a vested right
which shall prevent the corporate authorities of the Village from
decreasing or limiting the number of classes of licenses to be issued
within the Village.
[Amended 12-13-2023 by Ord. No. 23-065]
A.
A liquor
license shall be a purely personal privilege, effective for a period
not to exceed one year after issuance unless sooner revoked as provided
in this article, and shall not constitute property, nor shall it be
subject to attachment, garnishment or execution, nor shall it be alienable
or transferable, voluntarily or involuntarily, or subject to being
encumbered or hypothecated. Such license shall cease upon the death
of the licensee or, in the case of a corporation, limited-liability
company or partnership, its dissolution or bankruptcy, and shall not
descend by the laws of testate or intestate devolution; provided that
executors or administrators of the estate may continue the business
of the sale or manufacture of alcoholic liquor under the order of
the appropriate court, and may exercise the privileges of the deceased
or insolvent or bankrupt licensee after the death of such decedent,
or such insolvency or bankruptcy, until the expiration of such license,
but not longer than six months after the death, bankruptcy or insolvency
of such licensee.
B.
Any sale,
transfer, or assignment of more than 50% of the shares of a corporation
or more than 50% of an interest in a partnership or other business
entity shall require the payment of a new application fee and review
by the Commissioner, so long as that business entity will remain the
holder of the liquor license after the sale. Should the Commissioner
approve the application as presented, no further action is required.
Should the Commissioner not approve of the application, the license
would be terminated and an application for a new liquor license would
have to be completed and a new liquor license fee paid (if approved).
There shall be the following classes of liquor licenses with
an annual license fee as indicated:
A.
Class A: Restaurant with Service Bar.
(1)
A restaurant license authorizes the retail sale, for consumption
on the license premises, of alcoholic liquor by the drink or vinous
beverages by the bottle or carafe, or beer or margaritas by the pitcher
of a capacity not to exceed 60 ounces.
(2)
Service of alcoholic liquor shall be only during the time that food
is being served and a full menu is in effect.
(3)
The license shall only be available for premises defined as a "restaurant"
herein containing a minimum area of 1,200 square feet.
(4)
All such liquor service shall be from a service bar only; said bar
shall not be available for customer use.
(5)
Restaurant licenses shall be issued only to restaurants that have
dining facilities as stated.
(6)
The annual fee for a Class A license shall be $2,000.
B.
Class B: Restaurant and Bar.
(1)
A restaurant and bar license authorizes the retail sale, for consumption
on the licensed premises, of alcoholic liquor by the drink for consumption
on the premises, and beer and vinous beverages by the bottle or carafe,
or beer or margaritas by the pitcher of a capacity not to exceed 60
ounces.
(2)
Service of alcoholic liquor shall be only during the time that food
is being served and a full menu is in effect.
(3)
The license shall only be available for premises defined as a "restaurant"
herein containing a minimum area of 1,200 square feet.
(4)
The annual fee for a Class B license shall be $2,000.
C.
Class C: Craft Products or Wine Facility.
(1)
A craft products or wine facility license authorizes the on-premises
consumption and retail sale of craft products in sealed packages where
the premises is that of a craft products or wine facility as defined
herein. The following provisions shall apply:
(a)
The licensee shall maintain in good standing a State of Illinois
brew pub license, craft brew license, craft distiller license or wine-maker's
premises license as required and authorized under the Illinois Liquor
Control Act (235 ILCS 5/1 et seq.), as amended.
(b)
Product sampling shall be permitted in accordance with state
law at no charge.
(c)
On-premises consumption shall be limited to the retail portion
of the licensed premises except during supervised tours and private
events. The retail portion shall not exceed 3,000 square feet.
(d)
Patrons under the age of 21 shall be allowed on the premises
when accompanied by an individual 21 years of age or older, however,
classes and seminars shall be limited to patrons 21 years of age or
older.
(e)
Such facilities shall provide food service during consumption
of alcohol on the premises, which may include hot or cold sandwiches,
appetizers or other similar foods which may be prepared on the premises,
but is not so required. Licensees are encouraged to partner with local
restaurants for food service.
(2)
Video gaming on premises is prohibited.
(3)
The annual fee for a Class C license shall be $2,000.
D.
Class D: Package Store License.
(1)
A package store license authorizes the retail sale, on the premises
specified, of alcoholic liquor in its original package, not for consumption
on the premises.
(2)
If the sale of alcoholic liquor is conducted on premises which are
utilized primarily for other retail sales activity, the sale of liquor
shall be confined to an area which is separated from the other retail
portions of the premises by a suitable enclosure or partition, the
design and construction of which shall be approved by the Commissioner
or the Commissioner's designee.
(a)
Notwithstanding the foregoing, the requirement set forth in the preceding sentence of this Subsection D(2) shall not apply to any Class D licensee that is actually primarily engaged in the retail sale of grocery products as a full-service grocery store, and holds itself out to the public as so engaged, whether or not the licensee operates such grocery store in connection with a pharmacy or in connection with the operation of any other lawful business or the provision of any otherwise lawful good or service.
(b)
Notwithstanding the foregoing, free alcoholic liquor tastings
shall be permitted at and within such premises in accordance with
state law, except at businesses where the primary operation is the
retail sale of gasoline and/or diesel fuel.
(3)
Subject to the regulations stated herein, a business where the primary
operation is for the retail sale of gasoline and/or diesel fuel shall
not be prohibited from obtaining a package store license.
(4)
The annual fee for a Class D license shall be $2,000.
E.
Class E: Temporary License.
(1)
A temporary license authorizes the retail sale of alcoholic liquor,
on the premises specified, for consumption on or adjacent to the licensed
premises at a picnic, carnival, or similar function. Such temporary
licenses are to be granted to local organizations, groups or entities
promoting a common object other than the sale of alcoholic liquor.
(2)
Such license shall be authorized on a day-to-day basis, but for not
more than seven consecutive days or for intermittent use on not more
than seven total days in a consecutive thirty-day period.
(3)
There shall be no fixed or absolute limits on the number of such
licenses that may be issued to any applicant in a given year or on
the number of such licenses that may be in force or effect at any
given time, but the issuance of such licenses shall in all circumstances
be subject to the reasonable discretion and control of the Local Liquor
Control Commissioner.
(4)
The fee for such license shall be $100, regardless of the number
of days for which such license is sought.
F.
Class F: Beer and Wine Retail Sales.
(1)
A beer and wine retail sales license authorizes the retail sale of
beer and wine only for consumption on the premises where sold by the
glass, bottle, carafe or beer by the pitcher of a capacity not to
exceed 60 ounces.
(2)
Service of beer and wine shall be only during the time that food
is being served.
(3)
The license shall only be available for premises containing a minimum
area of 1,200 square feet.
(4)
The annual fee for a Class F license shall be $1,500.
G.
Class G: Beer and Wine Package Sales.
(1)
A beer and wine package sales license authorizes the retail sale
of beer and wine only in sealed packages, but not for consumption
on the premises where sold.
(2)
If the sale of alcoholic liquor is conducted on premises which are
utilized primarily for other retail sales activity, the sale of liquor
shall be confined to an area which is separated from the other retail
portions of the premises by a suitable enclosure or partition, the
design and construction of which shall be approved by the Commissioner
or the Commissioner's designee.
(3)
Notwithstanding the foregoing, free beer and wine tastings shall
be permitted at and within such premises in accordance with state
law and except at businesses where the primary operation is the retail
sale of gasoline and/or diesel fuel.
(4)
The annual fee for a Class G license shall be $1,500.
H.
Class H: Clubs.
(1)
A club license authorizes the retail sale of alcoholic liquor only
on the premises where sold to be issued to a regularly organized club,
as heretofore defined, such sales to be made only to members of the
club or their guests.
(2)
The license shall only be available for premises containing a minimum
area of 1,200 square feet.
(3)
The annual fee for a club license is $750.
I.
Class I: Catering.
(1)
A catering license authorizes the sale of alcoholic liquor in connection
with the operation of a catering business within the Village, which
sale shall be made at the registered office of the licensee, which
shall be the licensed premises, and nowhere else.
(2)
Alcoholic liquor shall only be sold and served by the licensee in
connection with the catering of foods.
(3)
In addition to the other requirements of this article, a Class I
license shall only be issued to persons who can demonstrate that they
are operating a bona fide catering business with headquarters within
the Village.
(4)
The annual fee for a Class I license shall be $1,000.
J.
Class J: Special Events.
(1)
A special event license authorizes the retail sale of alcoholic liquor
on the licensed premises. Such special event licenses are to be granted
to local not-for-profit community organizations chartered as such,
or governmental entities, which are dedicated to the realization of
local goals which are a direct benefit to all the citizens of the
Village. No license shall be required for any event conducted by or
under the auspices of the Village. Such sales are limited to the public
in general at a picnic, carnival or similar function.
(2)
Such license authorizes the retail sale and/or consumption of alcoholic
liquor only, on government-owned property, such as streets, roads
or parks. The boundaries of the licensed premises and the duration
of the license shall be established by the Commissioner. The licensee
shall maintain the premises in a neat, orderly and safe condition,
shall provide such traffic control and sanitation facilities as may
be required by the Commissioner to protect the public health, safety,
welfare and morals of the residents of the Village, and shall restore
the premises after expiration of the license to their prior condition,
including the removal of trash, rubbish and garbage in accordance
with this article. No alcoholic liquor shall be brought onto the premises
or consumed on the premises other than that provided by the licensee
under the terms and conditions of this article and its license.
(3)
The retail sale and consumption of alcoholic liquor authorized by
a license issued pursuant to this subsection shall be limited to the
premises specified in the license, which premises shall be entirely
enclosed in a tent, in a fenced area, or entirely enclosed by a double
fence with at least four feet separating each fence row, demarcating
the licensed premises.
(4)
No applicant shall be allowed to apply for or receive more than two
Class J licenses during the course of any one-year period.
(5)
The fee for such license shall be $50 per day, plus payment to the
Village for the actual cost incurred by the Village in providing additional
police personnel necessitated by improper conduct or control by the
licensee on the specified premises. Each licensee who is to be held
responsible for additional charges shall receive an itemized invoice
therefor, shall be given an opportunity to review the charges with
the Commissioner, and shall thereafter promptly pay any such additional
charge determined by the Commissioner to be due the Village.
K.
Class K: Sports/Recreational Facility.
(1)
Sports/recreational facility licenses authorize the sale, to the
general public of alcoholic liquor by the drink for consumption on
the premises of a sports/recreational facility where sold, and not
for resale in any form. Sale in the original package for consumption
off the premises is prohibited.
(2)
Service of alcoholic liquor shall be only during the time that the
sports/recreational portions of the facility are open and available
for use.
(3)
Alcoholic liquor may only be served when food is being served from
a restaurant located on the licensed premises.
(4)
The license shall only be available for premises where the restaurant
portion contains a minimum area of 1,200 square feet.
(5)
Appropriate security for the space must be utilized at all times
when alcoholic liquor is being sold or consumed on the premises of
the sports/recreational facility. A security plan must be submitted
for approval by the Local Liquor Control Commissioner and must be
updated on an annual basis with license renewal. The security plan
must at a minimum address any age restrictions, identification of
patrons 21 and older, alcohol sale control measures, monitoring of
the premises, and control of entrances and exits.
(6)
Video gaming on premises is prohibited.
(7)
The annual fee for a Class K license shall be $2,000.
L.
Class L: Agritourism Operations.
(1)
An agritourism operation license authorizes the retail sale, on the
premises or parcels so specified, of alcoholic liquor by the drink
or vinous beverages by the bottle or carafe, or beer by the pitcher
of a capacity not to exceed 60 ounces.
(2)
Service of alcoholic liquor shall be only during the time that agritourism
events are being held on the premises or parcels so specified, and
the events are open and abide by the Village's approved liquor license
hours of operation.
(3)
Alcoholic liquor may be only served when food is being served, sold
and/or catered at the agritourism events.
(4)
The annual fee for a Class L license shall be $1,000.
M.
Class M: Wine/Craft Beer Boutique.
(1)
Wine/craft beer boutique licenses shall authorize the retail sale
of wine and/or craft beer in original packages and for consumption
on the premises. Tastings, classes or seminars shall be permitted
on such premises in accordance with state law and Village ordinances.
Such licenses shall be only authorized in locations where the sale
of wine and/or craft beer is the primary business. The sale of wine
and/or craft beer shall be permitted for consumption on the premises
subject to the following conditions:
(a)
The premises shall not exceed 3,600 square feet.
(b)
Food must be provided on the premises and may include hot or
cold sandwiches, appetizers or other similar foods. Food may be prepared
on the premises or off the premises from a licensed food establishment.
Licensees are encouraged to partner with local restaurants for food
service.
(2)
The annual fee for a Class M license shall be $1,500.
N.
Class N: Brewery Pub.
(1)
A brewery pub license permits the manufacture of beer as defined
elsewhere herein, only at a designated premises, for the sole purpose
of the retail sale, consumption and storage of such beer only at and
within such premises, and free beer tastings at and within such premises
in accordance with state law.
(2)
The license shall only be available as a supplemental license for
premises holding a Class A or Class B license.
(3)
The annual fee for a Class N license shall be $500.
O.
Class O: "BYO" Bring Your Own Licenses.
(1)
"BYO" licenses shall authorize the consumption of beer and wine which
has been brought onto the premises by a patron or patrons 21 years
of age or older for on-site consumption at the following business
premises:
(a)
Restaurants. A restaurant may allow BYO beer and wine to be
consumed within the licensed premises, but only in conjunction with
the purchase and consumption of a meal while seated at a table and
served by an employee of the restaurant. BYO shall be allowed only
during the restaurant hours of operation and only along with and during
regular food service.
(c)
Crafts-making stores. A crafts-making store may allow BYO beer
and wine to be consumed within the licensed premises at the following
times: i) during the time customers (whether individuals or a group)
actually are engaged in designing and creating craft goods such as
pottery, ceramics, jewelry, sculpture, painting, or similar do-it-yourself
projects; ii) during a private event or a group class or other function
attended only by invited guests and not open to individual customers
or to the public.
(d)
Other retail stores. A retail store may allow BYO beer and wine
to be consumed within the licensed premises during: i) a private event;
ii) a structured instructional class such as a cooking class, crafts
class, or similar class; or iii) a similar structured activity attended
only by invited guests and not open to the general public.
(2)
The following provisions shall apply to all BYO licensees:
(a)
All employees who perform corkage/serving duties shall have
successfully completed a certified BASSET training program and shall
serve the wine and beer as if it was purchased in the establishment,
complying with all state and local laws. Such employees must be at
least 19 years of age or older.
(b)
No more than one 750ml bottle of wine per patron or no more
than 36 ounces of beer per patron (unopened) shall be permitted to
be brought into the premises.
(c)
BYO licensees shall uncork, pour and control consumption of
BYO beer and wine.
(d)
BYO licensees may provide glassware and ice to patrons and may
charge a corkage fee.
(e)
BYO licensees shall provide a certificate of insurance reflecting
coverage for dram shop as required by this article.
(f)
No customer shall leave the licensed premises with any open
or uncorked container except when a single wine bottle is sealed in
compliance with the requirements set forth in Section 6-33 of the
Illinois Liquor Code (235 ILCS 5/6-33).
(g)
BYO licensees are prohibited from storing alcoholic liquor on
the premises, unless as otherwise provided by a separate license classification
validly held by the licensee.
(h)
Packaged and on-site sales of alcoholic liquor is prohibited.
(i)
BYO licensees shall be liable for violations of this article
in the same manner as the holder of any other classification of liquor
license, including but not limited to violations for service to minors
and the over-serving of patrons.
(j)
A BYO licensee shall not advertise or otherwise hold their business
out to be a drinking establishment.
(3)
Excluded from BYO licenses are smoking lounges, as defined herein.
(4)
Video gaming on premises is prohibited.
(5)
The annual fee for a Class O license shall be $500.
P.
Class P: Grocery Sip and Shop.
(1)
Grocery sip and shop licenses shall authorize the retail sale of
individual servings of beer and wine for consumption on the premises
where sold as an incidental part of sales by those retail food establishments
commonly referred to as grocery stores that have a minimum of 15,000
square feet of retail floor area; and, further provided, that the
retail floor area devoted to the sale of packaged alcoholic liquor
shall not exceed 1,500 square feet, excluding seating areas.
(a)
The consumption of individual servings of beer and wine shall
be permitted throughout the entire retail floor area of the licensed
premises and on designated outdoor patios attached to the licensed
premises.
(b)
Alcoholic liquor stocked on store display shelves within the
retail floor area and sold in their original packages shall not be
consumed on the licensed premises.
(2)
A grocery sip and shop license shall only be permitted when issued
in conjunction with a retail package license of the grocery store
business.
(3)
Video gaming on premises is prohibited.
(4)
The annual fee for a Class P license shall be $500.
Q.
Class Q: Retirement Facility License.
(1)
Retirement facility licenses shall authorize the sale of beer and
wine for consumption on the premises to temporary or permanent residents
of a retirement facility and their bona fide guests age 21 and over.
(a)
On-site consumption shall be allowed within the confines of
dining rooms and outdoor patio areas where meals are regularly served.
(b)
No packaged sales of alcoholic liquor shall be allowed.
(c)
The facility shall not be permitted to advertise or promote
the sale of alcoholic liquor nor offer alcoholic liquor for sale to
the public.
(d)
Private functions shall be allowed in common areas as part of
regular activities integral to the facility.
(e)
Marketing programs conducted by the facility shall be allowed
provided they are private, by invitation only, and are limited to
age-appropriate prospective clientele.
(2)
Video gaming on premises is prohibited.
(3)
The annual fee for a Class Q license shall be $1,500.
R.
Class R: Hotel Licenses.
(1)
Class R-1: Hotel License (Full Service).
(a)
The license shall only be available for premises defined as
a "hotel or motel (full service)" herein.
(b)
Authorizes the licensee to sell alcoholic liquor to the general
public by the drink, for consumption on the premises where sold.
(c)
Authorizes the licensee to place small, refrigerated units containing
alcoholic beverages (commonly referred to as "mini-bars") in the guest
rooms.
(d)
The dining room of said hotel must have a menu in effect at
all times that liquor is served in the dining room. Said menu may
consist of, but not be limited to, hot appetizers, hot or cold sandwiches,
or other hot entrees prepared on the premises.
(e)
If the hotel has a lounge, it shall be unlawful for any minor
to be present in said lounge unless accompanied by his or her parent
or guardian. A menu must be in effect during those hours that liquor
is being served in the lounge. Such menu may be limited to hot appetizers
prepared on the premises.
(f)
Authorizes the licensee to serve registered guests of the hotel
beer and wine at no charge during a two-hour period each day while
providing appetizers or other similar foods for consumption during
the two-hour period at no charge.
(g)
Authorizes the individual package sale of beer and wine to hotel
guests.
(h)
Video gaming on premises is prohibited.
[Amended 12-13-2023 by Ord. No. 23-065]
(i)
The annual fee for a Class R-1 license shall be $3,000.
(2)
Class R-2: Hotel License (Limited Service).
(a)
The license shall only be available for premises defined as
a "hotel or motel (limited service)" herein.
(b)
Authorizes the sale of alcoholic liquor to registered guests
of the hotel only, for consumption on the premises where sold.
(c)
The facility shall be allowed to place small, refrigerated units
containing alcoholic beverages (commonly referred to as "mini-bars")
in the guest rooms.
(d)
Authorizes the licensee to serve registered guests of the hotel
beer and wine at no charge during a two-hour period each day while
providing appetizers or other similar foods for consumption during
the two-hour period at no charge.
(e)
Authorizes the individual package sale of beer and wine to hotel
guests.
(f)
Video gaming on premises is prohibited.
(g)
The annual fee for a Class R-2 license shall be $2,000.
S.
Class S: Special Promotional Permits.
(1)
Promotional activities by local merchants or under sponsorship of
a local not-for-profit organization for the sale of merchandise other
than undergarments, sleepwear, lingerie or swimming attire, displayed
by live models, shall be permitted within Class A, B, I, J, or K licensed
premises.
(2)
The fee for such permit shall be $50 per event.
T.
Class T: Smoking Lounge License.
(1)
Smoking lounge licenses shall authorize the consumption of alcoholic
liquor which has been brought onto the premises by a patron or patrons
21 years of age or older for on-site consumption where the premises'
primary business is to sell tobacco and nicotine products for on-site
and off-site consumption. The following provisions shall apply:
(a)
Smoking lounge licensees shall provide a certificate of insurance
reflecting coverage for dram shop or equivalent liability for BYO
service.
(b)
Food must be provided on the premises and may include hot or
cold sandwiches, appetizers or similar foods. Food may be prepared
on the premises or off the premises from a licensed food establishment.
Licensees are encouraged to partner with local restaurants for food
service.
(c)
All employees who perform corkage/serving duties of alcoholic
liquor shall have successfully completed a certified BASSET training
program and shall serve the alcoholic liquor as if it was purchased
in the establishment, complying with all state and local laws. Such
employees must be at least 19 years of age or older.
(d)
No more than one 750 ml bottle of wine per patron or no more
than 36 ounces of beer per patron or no more than one 750 ml bottle
of distilled spirits per patron (unopened) shall be permitted to be
brought into the premises.
(e)
Smoking lounge licensees may provide glassware and ice to patrons
and may charge a corkage fee.
(f)
No customer shall leave the licensed premises with any open
or uncorked container except when a single wine bottle is sealed in
compliance with the requirements set forth in Section 6-33 of the
Illinois Liquor Code (235 ILCS 5/6-33).
(g)
Smoking lounge licensees must offer for rent or sale a personal
and secured storage locker for members for the storage of unconsumed
products.
(h)
Smoking lounge licensees are permitted to store unconsumed bottles
of alcoholic liquor on the premises for customers.
(i)
Packaged and on-site sales of alcoholic liquor is prohibited,
unless as otherwise provided by a separate license classification
validly held by the licensee.
(j)
Smoking lounge licensees shall be liable for violations of this
article in the same manner as the holder of any other classification
of liquor license, including but not limited to violations for service
to minors and the over-serving of patrons.
(k)
Smoking lounge licensees shall not advertise in print or electronic
media or otherwise hold their business out to be a drinking establishment.
(l)
Consumption of alcoholic liquor is permitted only during regular
business hours of the smoking lounge.
(2)
Video gaming on premises is prohibited.
(3)
The annual fee for a Class T license shall be $750.
U.
Class U: Theater License.
(1)
Authorizes the retail sale of alcoholic liquor for consumption on
the licensed premises where the primary business is that of a theater
as defined herein, subject to the following conditions:
(a)
Sales of alcoholic liquor shall be limited to contracted theater
rentals, theater production/box office events and regularly scheduled
motion pictures or films. Under no circumstances may alcoholic liquor
be served more than one hour prior to a scheduled event, rental or
the advertised time of the first motion picture or film showing on
any day.
(b)
Sales shall be made from bars containing alcoholic liquor, mixes
and related preparation materials. Such bars shall not have seats
or stools for patrons at which to sit.
(c)
Food service must be available during all times alcoholic liquor
is available on the premises.
(d)
The licensee shall not serve or deliver more than one alcoholic
beverage to a person at a time and no person shall have in his/her
possession at any given time more than one alcoholic beverage.
(e)
Containers in which alcoholic liquor is served must be of a
different color, size and design of those in which nonalcoholic beverages
are served.
(f)
Alcoholic liquor shall be served only in single servings; no
bottles, pitchers, buckets, etc.
(2)
Video gaming on premises is prohibited.
(3)
The annual fee for a Class U license shall be $2,000.
[Amended 12-13-2023 by Ord. No. 23-065]
V.
Class V: Salon.
[Added 12-13-2023 by Ord. No. 23-065]
(1)
A salon license authorizes the service of beer and wine for on-premises
consumption where the primary business is that of a salon, defined
herein, subject to the following conditions:
(a)
No more than two drinks (each limited to a twelve-ounce serving
of beer or a six-ounce serving of wine) shall be served per patron,
per calendar day.
(b)
No beer or wine may be sold, given, or delivered to persons
who are not receiving salon services.
(c)
Bring Your Own (BYO) alcohol is prohibited.
(d)
It is intended that the service of beer and wine is merely an
adjunct to the operation of a salon and the salon shall not be advertised
or otherwise held out to be a drinking establishment.
(e)
No licensee shall advertise, whether on or off the licensed
premises, that beer or wine is "free" or "complimentary," but rather
may advertise that it is "included" with the purchase of a salon service.
(f)
Serving of beer and wine shall take place only during the operating
hours of the business and no beer or wine may be sold or served for
off-premises consumption.
(2)
Video gaming on premises is prohibited.
(3)
The annual fee for a Class V license shall be $500.
A.
The initial license fee for new liquor licenses issued between May
1 and October 31 of any year shall be in an amount equal to the annual
fee plus a nonrefundable fee of $1,000 to defray costs of investigating
the applicant pursuant to the provisions of this article, payable
in one installment. The initial license fee for a new liquor license
shall be prorated based on the month the applicant applies, plus a
nonrefundable fee of $1,000 to defray costs of investigating the applicant
pursuant to the provisions of this article, payable in one installment.
There is not a prorated fee for initial Class E. J. and S licenses.
The following shall not be subject to an initial liquor license fee:
[Amended 12-13-2023 by Ord. No. 23-065]
(1)
An applicant who is a father, mother, brother, sister, husband, wife,
son or daughter of a liquor licensee or a deceased licensee, provided
that said license of the licensee has first been cancelled and so
cancelled not more than 15 days prior to the filing of a new application.
[Amended 8-28-2019 by Ord. No. 19-038; 8-28-2019 by Ord. No. 19-039; 10-9-2019 by Ord. No. 19-047; 3-25-2020 by Ord. No. 20-006; 4-22-2020 by Ord. No. 20-012; 7-22-2020 by Ord. No. 20-029; 9-9-2020 by Ord. No. 20-039; 9-9-2020 by Ord. No. 20-040; 10-28-2020 by Ord. No. 20-052; 12-9-2020 by Ord. No. 20-057; 1-27-2021 by Ord. No. 21-003; 4-28-2021 by Ord. No. 21-021; 2-8-2023 by Ord. No. 23-008; 2-8-2023 by Ord. No. 23-009; 8-9-2023 by Ord. No. 23-045; 12-13-2023 by Ord. No.
23-065]
All liquor licenses issued hereunder shall be designated by
the classification letter herein provided. There shall be such number
of liquor licenses as may be from time to time determined by the corporate
authorities. There may be in force at any time no more than:[1]
|
License Classification
|
Number
|
|---|---|
|
Class A
|
3
|
|
Class B
|
17
|
|
Class C
|
—
|
|
Class D
|
7
|
|
Class E
|
0
|
|
Class F
|
3
|
|
Class G
|
6
|
|
Class H
|
0
|
|
Class I
|
1
|
|
Class J
|
0
|
|
Class K
|
0
|
|
Class L
|
2
|
|
Class M
|
—
|
|
Class N
|
0
|
|
Class O
|
—
|
|
Class P
|
—
|
|
Class Q
|
1
|
|
Class R
|
—
|
|
Class S
|
—
|
|
Class T
|
—
|
|
Class U
|
—
|
|
Class V
|
—
|
[1]
Editor's Note: This table reflects the updated list of licenses
provided by the Village dated 3-5-2024.
A.
Applications for liquor licenses which are incomplete, inaccurate
or fail to contain the statements or information required by this
article shall be rejected by the Commissioner. The Commissioner shall
issue a written rejection of such application setting forth the deficiencies
in said application within 60 days of its receipt by the Commissioner.
Prior to such rejection, the applicant may submit the additional information
or statements required to complete such application in accordance
with this article.
B.
Administrative or legal expenses incurred in reviewing incomplete
or inaccurate liquor license applications, advising the applicant
of such deficiencies and rejecting such applications shall be paid
by the applicant. An invoice shall be submitted to the applicant specifying
the additional administrative or legal expenses incurred in processing
the applicant's incomplete liquor license application, which shall
be paid by the applicant together with the annual license fee prior
to the issuance of the license.
All license, permit and application fees shall be paid to the
Village at the time application is made and all fines and penalties
shall be paid to the Village within two business days of the entry
of the fine and penalty, unless otherwise ordered by the Commissioner.
In the event a license application is denied, the fees shall be returned
to the applicant. The initial application fee of $1,000 is nonrefundable.
If the license is granted, the annual license fee shall be deposited
as set forth above, and no portion thereof shall be refunded.
A.
Hours of operation.
(1)
It shall be unlawful to remain open for business or to admit the
public to any licensed premises, or to sell or offer for sale at retail
or offer to give away on any licensed premises any alcoholic liquor
in the Village, except during the following hours:
(a)
Sundays, 10:00 a.m. until 1:00 a.m. the following day.
(b)
Mondays through Thursdays, 6:00 a.m. until 1:00 a.m. the following
day.
(c)
Fridays and Saturdays, 6:00 a.m. until 2:00 a.m. the following
day.
(d)
On New Year's Eve, closing time shall be 2:00 a.m. on January
1.
(e)
All establishments may remain open until 2:00 a.m. the day before
a national holiday.
(f)
The Commissioner may extend the hours of operation of any licensee
for one additional hour.
(g)
The current liquor license holders do not need to apply for
a special use permit for operating outside the hours of 6:00 a.m.
and 11:00 p.m.
[Added 10-28-2020 by Ord.
No. 20-053]
(2)
Service of alcoholic liquor must conclude 30 minutes prior to the
establishment's closing hour. An announcement regarding the conclusion
of the sale of alcoholic beverages of the establishment must be made
30 minutes prior to the establishment's closing hour.
(3)
In the case of restaurants, hotels, sports/recreational facilities,
and licensees selling packaged liquors, where the sale of alcoholic
liquor is conducted on the premises which are utilized primarily for
other retail sales activities, such establishments may be kept open
for business after the closing hours set forth herein, but no alcoholic
liquor may be sold, offered for sale, or given away after the specified
closing hours, and no person other than the licensee and employees
of the licensee in the pursuit of their employment shall be permitted
to remain in or upon that portion of the premises used for the dispensation
of alcoholic liquors.
(4)
In the case of other nonresidential uses open for business outside
the hours of 6:00 a.m. and 11:00 p.m., such uses may apply for an
extended hours of operation license with the Village Clerk. Establishments
seeking twenty-four-hour operation must be approved as a special use
as set forth in § 220-711A(11), Hours of operation.
[Added 10-28-2020 by Ord.
No. 20-053]
B.
Refilling original liquor packages. No person licensed under this
article shall fill or refill, in whole or in part, any original package
of alcoholic liquor with the same or any other kind or quality of
alcoholic liquor; and it shall be unlawful for any person to have
in his or her possession for sale at retail any bottles, casks, or
other containers containing alcoholic liquor, except in original packages,
except vinous beverages and pitchers of beer as permitted elsewhere
herein.
C.
Service restrictions.
(1)
No retail liquor licensee or employee or agent of such licensee shall:
(a)
Serve two or more drinks of alcoholic liquor at one time to
one person for consumption by that person except selling or delivering
wine by the bottle or carafe;
(b)
Sell, offer to sell or serve to any person an unlimited number
of drinks of alcoholic liquor during any set period of time for a
fixed price, except at private functions not open to the general public;
(c)
Increase the volume of alcoholic liquor contained in a drink,
or the size of a drink of alcoholic liquor, without increasing proportionately
the price regularly charged for the drink on that day;
(d)
Encourage or permit, on the licensed premises, any game or contest
which involves drinking alcoholic liquor or the awarding of drinks
of alcoholic liquor as prizes for such game or contest on the licensed
premises; or
(e)
Advertise or promote in any way, whether on or off the licensed
premises, any of the practices prohibited under this section.
(2)
Nothing in this section shall be construed to prohibit a liquor licensee
from:
(a)
Offering free food or entertainment at any time;
(b)
Including drinks of alcoholic liquor as part of a meal package;
(c)
Including drinks of alcoholic liquor as part of a hotel package;
(d)
Negotiating drinks of alcoholic liquor as part of a contract
between Class A, B, C, I or J liquor license holder and another group
for the holding of any function, meeting, convention or trade show
on the premises of the licensee;
(e)
Providing room service to persons renting rooms at a hotel;
(f)
Selling pitchers (or the equivalent, including but not limited
to buckets), carafes, or bottles of alcoholic liquor which are customarily
sold in such manner and delivered to two or more persons at one time;
or
(g)
Increasing prices of drinks of alcoholic liquor in lieu of,
in whole or in part, a cover charge to offset the cost of special
entertainment not regularly scheduled.
D.
Displaying liquor licenses. Every liquor licensee shall cause its
license or licenses to be framed and hung in plain view in a conspicuous
place on the licensed premises.
E.
Political campaign contributions are prohibited.
(1)
It is unlawful for any licensee or an individual owning directly
or beneficially more than 5% of the corporation stock of any licensee,
where more than 5% of the licensee's gross income is derived from
the sale of alcoholic liquor, to become liable for, pay or make any
contribution exceeding $150 directly or indirectly toward the nomination,
campaign fund or expenses of any candidate for an elected office of
the Village of Homer Glen. "Gross income" shall mean income or receipts
before any deductions. "Contribution" shall mean monetary contributions
having monetary value or any in-kind contributions having monetary
value.
(2)
Any person violating this subsection shall be fined not less than
$500 nor more than $1,000 for each offense and shall be subject to
the suspension or revocation of that person's liquor license.[1]
[1]
Editor's Note: Former § 83-71.1, Sale of alcohol
for off-premises consumption, added 6-10-2020 by Ord. No. 20-023,
which immediately followed this section, expired 6-2-2021.
A.
Location restrictions.
(1)
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet of any church, school, hospital, home for the
aged or for indigent persons or for veterans, their spouses or children,
or any military or naval station; provided that this prohibition shall
not apply to hotels offering restaurant service, regularly organized
clubs, or to restaurants or other places where sale of alcoholic liquors
is not the principal business carried on, if such place of business
or use so exempted shall have been established for such purposes prior
to the establishment of any such church, school, home for the aged
or indigent persons or for veterans, their spouses or children, or
any military or naval station, nor to the renewal of a license for
the sale at retail of alcoholic liquor on premises within 100 feet
of any church or school, where such church or school has been established
within such 100 feet since the issuance of the original license. In
the case of a church, the distance of 100 feet shall be measured to
the nearest part of the building used for worship services or educational
programs and not to property boundaries.
(2)
The Commissioner may consider and grant a waiver to an applicant that is prohibited from issuance of a license under Subsection A(1) above based upon unique site-specific circumstances. Such considerations shall include, but are not limited to: current business location, accessibility and location of entrance, fencing, screening, berms, and walkable distance between buildings.
(3)
Nothing in this subsection shall prohibit the issuance of a license
to a church or private school to sell at retail alcoholic liquor,
if any such sales are limited to periods when groups are assembled
on the premises solely for the promotion of some common object other
than sale or consumption of alcoholic liquor.
(4)
A license issued hereunder shall permit the sale of alcoholic liquor
only in the premises described in the application and license. Such
location may be changed only when and upon the written permission
of the Commissioner. No change of location shall be permitted unless
the proposed new location is in compliance with the provisions and
regulations of this article.
B.
View from street. In the premises upon which the sale of alcoholic
liquor for consumption on the premises is licensed (other than as
a restaurant, hotel, sports/recreational facility or club), no screen,
blind, curtain, partition, article or thing shall be permitted in
the windows or upon the doors of such licensed premises nor inside
such premises which shall prevent a clear view into the interior of
such licensed premises from the street, road or sidewalk at all times,
and no booth, screen, partition, or other obstruction nor any arrangement
of lights or lighting shall be permitted in or about the interior
of such premises which shall prevent a clear view of the entire interior
from the street, road or sidewalk. All rooms where liquor is sold
for consumption on the premises shall be continuously lighted during
business hours by natural light or artificial white light so that
all parts of the interiors of the premises shall be clearly visible.
In case the view into any such licensed premises required by the foregoing
provisions shall be willfully obscured by the licensee, or be permitted
to be obscured or in any manner obstructed, then such license shall
be subject to revocation, in the manner herein provided. In order
to enforce the provisions of this subsection, the Commissioner shall
have the right to require the filing of plans, drawings, and photographs
showing the clearance of the view as required.
C.
Sanitary conditions. All premises used for the retail sale of alcoholic
liquor shall be kept in full compliance with the ordinances regulating
the condition of premises used for the storage or sale of food for
human consumption.
D.
Premises restrictions.
(1)
No licensed premises shall be operated or occupied in violation of
any building, fire, health or safety code, rule, regulation, occupancy
or capacity limitation established or adopted by the Village or the
state.
(2)
Maximum capacity or occupancy restrictions shall be established for
each premises by the fire protection district having jurisdiction
or such ordinances and codes as may be applicable to the Village,
and shall be posted in no less than two prominent locations in the
premises.
(3)
Liquor sales are prohibited from a drive-in or drive-through associated
with a permitted use.
A.
Change in personnel.
(1)
Any changes in partnerships, officers, directors, persons holding
directly or beneficially more than 5% of the stock or ownership interest,
managers or assistant managers or establishments licensed to sell
liquor under this article shall be reported in writing to the Commissioner
within 10 days of the change. All such new personnel shall meet all
the requirements of this article and must otherwise qualify to hold
a liquor license. All such changes in personnel shall be subject to
review by the Commissioner.
(2)
When a liquor 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.
(3)
When a liquor license has been issued to a corporation, and a change
takes place in officers, directors, managers or shareholders of more
than 5% of the stock, resulting in the holding of office or such shares
of stock by one who is not eligible for a license, the license shall
terminate.
(4)
When a liquor license has been issued to an individual who is no
longer eligible for a license, the license shall terminate.
B.
Employees. No employee, agent or manager, while on duty within the
premises, shall use or consume any illegal drugs or alcoholic liquor
or be under the influence of illegal drugs or alcoholic liquor.
C.
Manger on duty. At all times when the liquor license is in effect,
a licensee shall have on duty a manager, assistant manager or owner
who is listed as managerial staff in the liquor license application
of the licensee.
D.
Training requirements. Every owner, manager, assistant manager, bartender,
and server of a licensee who dispenses, sells, delivers or serves
alcoholic liquor shall provide evidence of successful completion of
a beverage alcoholic sellers and servers education training program
at a facility approved or recommended by the State Commission or otherwise
approved or recommended under applicable Illinois law. Evidence of
certification or enrollment of every owner, manager, assistant manager,
bartender, and server shall be kept in each licensed premises, and
shall be presented upon demand of the liquor commissioner, a person
or persons whom the liquor commissioner has appointed to assist in
the exercise of powers and duties of the commissioner, or code enforcement
officer. Persons holding Class D, Class E, Class G, or Class J licenses,
together with their employees and agents, shall be exempt from this
requirement; provided, however, all licensees shall provide a written
statement signed by the licensee and each such bartender, agent and
employee that they have read and understand this article.
A.
Peddling. No licensee shall peddle alcoholic liquor in the Village.
B.
Intoxicated persons. No licensee shall permit or allow an intoxicated
person to enter into or be allowed to remain upon the premises. No
licensee shall sell alcoholic liquor to any intoxicated or incompetent
persons.
C.
Disorderly persons. No licensee shall permit or allow any person
to enter into or remain upon the premises who is engaged in conduct
which, under the circumstances, creates or which would tend to create
a breach of the peace.
D.
Dancing. No licensee shall permit or allow dancing upon the premises
except in an area specifically designated for dancing only or upon
a stage.
E.
Discrimination. No licensee shall discriminate in service because
of race, sex, religion, national origin, physical handicap, or any
other status protected by state or federal laws or regulations.
F.
Violations of county, state or federal laws. No licensee shall permit
or allow the violation of any ordinance, statute or law upon the licensed
premises by any person.
G.
Nudity. The following conduct on premises licensed to sell alcoholic
liquor is prohibited:
(1)
(2)
The actual or simulated caressing or fondling of genitals, buttocks
or breast.
(3)
The actual or simulated display or exposure of genitals, pubic hair,
buttocks, anus or breasts.
(4)
The permitting of any person to remain in or upon the licensed premises
who exposes to public view any portion of his or her genitals, pubic
hair, buttocks, breasts or anus.
H.
Soliciting drinks. No person shall engage in the solicitation of
drinks from customers other than to take orders for drinks and to
mix and deliver drinks as requested by the customers.
I.
No licensee shall permit, contract for or allow any person to enter
or remain on the licensed premises to engage in conduct commonly called
a "lingerie show" as hereinafter defined. A "lingerie show" is defined
as a public display, show or event at which any person or persons
wears men's or women's undergarments, swimsuits, or sleepwear, including
but not limited to bras, panties, underwear, slips, negligees, teddies,
thong undergarments or g-strings, whether for sale, raffle, display
or gift.
A.
Sales to minors and intoxicated persons.
(1)
No licensee or officer, associate, member, representative, agent
or employee of a liquor licensee shall sell, give or deliver alcoholic
liquor to any person under the age of 21 years, or to any intoxicated
person. No person, after purchasing or otherwise obtaining alcoholic
liquor, shall sell, give or deliver such alcoholic liquor to another
person under the age of 21 years except in the performance of a religious
ceremony or service. It shall be unlawful for any person under the
age of 21 years to misrepresent his or her age for the purpose of
purchasing or obtaining alcoholic liquor.
(2)
In every place 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:
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WARNING TO PERSONS UNDER THE AGE OF 21 YEARS
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You are subject to a fine up to $500 under the laws of the State
of Illinois and the ordinances of the Village of Homer Glen if you
purchase or attempt to purchase alcoholic liquor, or misrepresent
your age for the purpose of purchasing or obtaining alcoholic liquor.
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Village of Homer Glen
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Liquor Control Commissioner
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(3)
It shall be unlawful for any licensee, or his or her agent or employee,
to permit any person under the age of 21 years to 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 person under the age of 21 years
who is accompanied by his or her parent or guardian, or to that portion
of any licensed premises which derives its principal business from
the sale of service or commodities other than alcoholic liquor. In
addition to all other fines and penalties, the Commissioner may suspend
or revoke the licensee's license for any violation of this subsection.
(4)
It shall be unlawful for any parent or guardian to knowingly permit
any person under the age of 21 of which he or she is the parent or
guardian to violate any provisions of this section.
(5)
It shall be unlawful to sell, give or deliver alcoholic liquor to
any person under the age of 21.
(6)
Except for those employees at least 19 years of age or older who
have successfully completed a certified BASSET training program in
accordance with all state and local laws, it shall be unlawful for
any person under the age of 21 to tend bar.
(7)
Except for those employees at least 19 years of age or older who
have successfully completed a certified BASSET training program in
accordance with all state and local laws, it shall be unlawful for
any person under the age of 21 to draw, pour or mix any alcoholic
liquor in any licensed retail premises, and it shall be unlawful for
any person under the age of 21 to dispense, sell or deliver any alcoholic
liquor in the original package, bottle or case for consumption off
the premises of any licensed establishment. Except for the prohibitions
provided for in this subsection, it shall be lawful for any person
18 years of age or older to work in a licensed premises and to serve
alcoholic liquor.
B.
Purchase or acceptance of a gift by a minor; identification cards.
(1)
Purchase or possession of alcoholic liquor by minors.
(a)
Any person to whom the sale, gift or delivery of alcoholic liquor
is prohibited because of the age shall not purchase or attempt to
purchase or accept a gift of alcoholic liquor or have alcoholic liquor
in his or her possession.
(b)
It shall be unlawful for any minor to be or remain in any room,
apartment, house, place or vehicle which is not licensed for the sale
of alcoholic liquor under this article, and wherein alcoholic liquor
is being consumed by a minor, except as otherwise provided in this
article; provided, however, a minor shall not be in violation of this
subsection where the room, apartment or house is that person's actual
place of domicile, unless that person permits the use of the room,
apartment or house when such person knows or in the exercise of ordinary
care should know of a substantial probability that such place is or
will be used by minors for the consumption or possession of alcoholic
liquor.
(2)
Identification cards.
(a)
If a liquor licensee or such licensee's agents or employees
believe, have reason to believe or should have reason to believe that
a sale or delivery of alcoholic liquor is prohibited because of the
age of the prospective recipient, such licensee, agent or employee
shall, before making such sale or delivery, demand presentation of
some form of positive identification (containing proof of age) issued
by a public officer in the performance of his or her official duties.
Reasonable care in compliance with the provisions of this subsection
shall be competent evidence and may be considered in prosecution,
revocation or suspension for the violation of any section of this
article relating to revocation or suspension for the violation of
any other provision of this article.
(b)
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.
(3)
Consumption. The consumption of alcoholic liquor by any person under
the age of 21 years is forbidden; provided, however, the possession
and dispensing, or consumption by a person under the age of 21 of
alcoholic liquor in the performance of a religious service or ceremony
under the direct supervision and approval of the parents or parent
of such underage person in the privacy of a home is not prohibited.
A.
Suspension and revocation. The Commissioner may, in addition to imposing
a fine, revoke or suspend any license issued by the Commissioner if
the Commissioner determines that the licensee has violated any of
the provisions of the Act, this article or of any other ordinance
or resolution of the Village, or any applicable rule or regulation
established by the Commissioner or the State Commission with respect
to liquor licenses. The Commissioner shall, within 15 days after the
hearing, if the Commissioner determines after such hearing that the
license should be revoked or suspended, state the reason or reasons
for such determination in a written order of revocation or suspension,
and shall serve a copy of such order within the 15 days upon the licensee.
Review of decisions of the Commissioner by the State Commission shall
be as provided for by the Act and a record review.
B.
Assessment of costs of hearings. Any licensee determined by the Commissioner
to have violated any provision of the Act or any ordinance or resolution
of the Village, or any rule or regulation established by the Commissioner,
or the State Commission shall pay to the Village the costs of the
hearing before the Commissioner on such violation. The Commissioner
shall determine the costs incurred by the Village for the hearing,
including court reporter fees, the cost of transcripts or records,
attorney's fees, the cost of preparing and mailing notices and orders,
and other miscellaneous expenses incurred by the Village. The licensee
shall pay the costs to the Village within 30 days of the notification
of the costs by the Commissioner. Failure to pay the costs within
30 days of notification is a violation of this section, and may be
cause for license revocation or suspension. In the event of an appeal
to the State Commission, and in cases where appeal is taken under
the Administrative Review Act (735 ILCS 5/3-101 et seq.), payment
is due 40 days after entry of an order finally affirming the determination
of the Commissioner.
C.
Forfeiture of fees. Whenever any license hereunder has been revoked
as provided for in this article, the licensee shall incur a forfeiture
of all monies that have been paid for the license.
D.
Use of premises after revocation. When a license shall have been
revoked for any cause, no license shall be granted to any person for
the period of one year thereafter for the conduct of the business
of manufacturing, distributing or selling alcoholic liquor in the
premises described in such revoked license.
E.
Monetary penalty. Unless otherwise provided in this article, any
person violating any provision of this article relating to liquor
shall be fined not less than $500 nor more than $1,000 for a first
violation within a twelve-month period, $1,500 for a second violation
within a twelve-month period, and $2,500 for a third or subsequent
violation within a twelve-month period. Each day on which a violation
continues shall constitute a separate violation.
