Unless the context otherwise requires, the following terms as
used in this article shall be construed according to the definitions
given below:
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.
Any natural person, firm, copartnership, association, corporation,
club, lodge, fraternity order or post.
The sale for use or consumption and not for resale.
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 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 quests.
[Amended 1-11-2022 by Ord. No. 1-2022[1]]
(A)
It shall be unlawful for any person to engage in the sale at retail
of any alcoholic beverage of any kind without first obtaining a license
therefor from the Local Liquor Control Commissioner.
(B)
It shall be unlawful for any person to engage in the business of,
or conduct a business where patrons are allowed to bottle, blend,
deliver, furnish, give, divide, distribute, barter, use, consume,
possess, or store alcoholic liquors in any commercial establishment
without first obtaining a license therefor from the Local Liquor Control
Commissioner.
(C)
It shall be unlawful for any person to bottle, blend, deliver, furnish,
give, divide, distribute, barter, use, consume, possess, or store
alcoholic liquors on any premises in conjunction with amusement or
entertainment which has not been licensed by the Local Liquor Control
Commissioner.
(D)
It shall be unlawful for any person to furnish containers, water,
or other beverages for the mixture thereof for alcoholic liquors in
any commercial establishment which has not been licensed by the Local
Liquor Control Commissioner.
(E)
It shall be unlawful for any person, business, licensee, agent, entity,
or employee to allow or permit any persons to commit any of the acts
prohibited in Subsections (A), (B), (C), and (D) hereof.
(F)
It shall be unlawful for any person engaged in the business of leasing
any premises to allow use, sale, giving away, consumption on the premises
of alcoholic liquor, without first securing a license or without the
lessee first securing a license from the Local Liquor Control Commissioner.
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.
Applications for such licenses shall be made to the Mayor in
writing, on forms furnished by the City, 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, and such other information as
may be required:
(A)
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 the
profits thereof; and in the case of a corporation, for profit, or
a club, the date of incorporation, the objects 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 nominees, the name and address of such person;
(B)
The citizenship of the applicant, his place of birth and, if a naturalized
citizen, the time and place of his naturalization;
(C)
The character of business of the applicant,, and in case of a corporation,
the objects for which it was formed;
(D)
The length of time that said applicant has been in business of that
character, or, in the case of a corporation, the date on which its
charter was issued;
(E)
The amount of goods, wares and merchandise on hand at the time application
is made;
(F)
The location and description of the premises or place or business
which is to be operated under such license;
(G)
A statement whether applicant has made similar application for a
similar other license on premises other than described in this application,
and the disposition of such application;
(H)
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 article, laws of this state, or the ordinances
of this City;
(I)
Whether a previous license by any state or subdivision thereof or
by the federal government has been revoked, and the reasons therefor.
(J)
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.
No such license 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 the community
in which he resides;
(C)
A person who is not a citizen of the United States;
(D)
A person who has been convicted of a felony under federal and state
laws, if the Commissioner, after investigation, determines that such
person has not been sufficiently rehabilitated to warrant the public
trust;[1]
(E)
A person who has been convicted of being the keeper or is 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, under this Code or the ordinance
of any other municipality;
(G)
A person whose license issued under this article 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, unless any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership shall be qualified to obtain
a license;[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 corporation or limited-liability company unless it is incorporated
in Illinois, or unless it is a foreign corporation or foreign limited-liability
company which is qualified under the Illinois Business Corporation
Act (805 ILCS 5/1.01 et seq.) or the Limited Liability Company Act
(805 ILCS 180/1-1 et seq.) to transact business in Illinois;[5]
(L)
An association, not incorporated, where any member thereof would
not be eligible to receive a license hereunder for any reason other
than citizenship and residence within the political subdivision. A
majority of the members of such an association must be residents of
the City;
(M)
A person whose place of business is conducted by a manager or agent
unless said manager or agent possesses the same qualifications required
of the licensee;
(N)
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor, subsequent to the passage of this article, or shall have forfeited
his bond to appear in court to answer charges for any such violation;
(O)
Any person, association, or corporation not eligible for a state
retail liquor dealer's license;
(P)
A person who does not beneficially own the premises for which a license
is sought, or does not have a lease thereon for the full period for
which the license is to be issued;
(Q)
Any law-enforcing public official, any Mayor, Alderman, or member
of the City Council or commission.[6]
(1)
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, member of City Council, in relation to premises
that are located within the territory subject to the jurisdiction
of that official, if:
(a)
The sale of alcoholic liquor pursuant to the license is incidental
to the selling of food;
(b)
The issuance of the license is approved by the State Commission;
(c)
The issuance of the license is in accordance with all applicable
local ordinances in effect where the premises are located; and
(d)
The official granted a license does not vote on alcoholic liquor
issues pending before the City Council.
(2)
Notwithstanding
any provision of this Subsection (Q) to the contrary, an Alderman
or member of the City Council or commission 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 City Council
has made a local liquor control commissioner appointment that complies
with the requirements of 235 ILCS 5/4-2;
(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 any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or
as proscribed by Section 28-1.1 or Section 28-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, as heretofore or hereafter amended,
or as proscribed by a statute replaced by any of the aforesaid statutory
provisions;[7]
(T)
A person or entity to which a federal gaming device stamp or a federal
wagering stamp has been issued by the federal government for the current
tax period, unless the person or entity is eligible to be issued a
license under the Raffles and Poker Runs Act (230 ILCS 15/0.01 et
seq.) or the Illinois Pull Tabs and Jar Games Act (230 ILCS 20/1 et
seq.);[8]
(U)
A copartnership to which a federal gaming device stamp or a federal
wagering stamp has been issued by the federal government for the current
tax period, or if any of the partners have been issued a federal gaming
device stamp or federal wagering stamp by the federal government for
the current tax period;
(V)
A corporation, if any officer, manager, or director thereof, or any
stockholder owning in the aggregate more than 5% of the stock of such
corporation has been issued a federal gaming device stamp or a federal
wagering stamp for the current tax period;
(W)
Any premises for which a federal gaming device stamp or a federal
wagering stamp has been issued by the federal government for the current
tax period;
(X)
A person who intends to sell alcoholic liquors for use or consumption
on his or her licensed retail premises who does not have liquor liability
insurance coverage for that premises in an amount that is at least
equal to the maximum liability amounts set out in 235 ILCS 5/6-21(a);[9]
(Y)
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 (Y), 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;[10]
(Z)
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, on or after the effective date of the amendatory
Act of the 98th General Assembly amending 235 ILCS 5/6-2, 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
(Z), 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.[11]
(A)
Such licenses to sell alcoholic liquor at retail shall be and are
hereby divided into eight classes:
[Amended 8-23-2005 by Ord. No. 6-2005; 10-28-2014 by Ord. No. 9-2014; 11-22-2016 by Ord. No. 7-2016; 1-11-2022 by Ord. No. 1-2022[1]]
(1)
Class A licenses shall authorize the retail sale of alcoholic
liquor for use or consumption on the premises where sold. The annual
fee for such license shall be $1,200 plus square feet of area.
(2)
Class A-1 licenses shall be issued only in conjunction with
a Class A license and shall authorize the retail sale of packaged
goods for consumption off the licensee's premises only. The annual
fee for such license shall be $240.
(3)
Class A-2 licenses shall authorize the retail sale of alcoholic
liquor for use or consumption on the premises where sold or consumed
incidental to the sale of food. To qualify for a Class A-2 license,
at least 50% of the gross revenue of the establishment (excluding
videogaming revenue) must be from the sale of food and drink excluding
alcoholic beverages. The annual fee for such license shall be $1,200
plus square feet of area.
[Amended 9-27-2022 by Ord. No. 8-2022]
(4)
Class B licenses shall authorize the retail sale of packaged
and sealed alcoholic liquor on the premises, but not for consumption
on the licensee's premises. The annual fee for such license shall
be $960 plus square feet of the area.
(5)
Class B-1 licenses shall be issued in conjunction with a Class
B license and shall authorize the retail sale of packaged and sealed
alcoholic liquor, but not for consumption on the premises, commencing
at 9:00 a.m. on Sundays. The annual fee for such license shall be
$500.
(6)
Class C licenses shall authorize the retail sale of beer and
wine only for consumption on the licensee's premises. The annual fee
for such license shall be $1,080 plus square feet of the area.
(7)
Class C-1 licenses shall authorize the retail sale of beer and
wine only for consumption on the licensee's premises where sold or
consumed incidental to the sale of food. To qualify for a Class C-1
license, at least 50% of the gross revenue of the establishment (excluding
videogaming revenue) must be from the sale of food and drink excluding
alcoholic beverages. The annual fee for such license shall be $1,080
plus square feet of area.
[Amended 9-27-2022 by Ord. No. 8-2022]
(8)
Class D licenses shall authorize the retail sale of alcoholic
liquor for use or consumption on the premises where sold in conjunction
with the lawful operation of video gaming terminals pursuant to the
Illinois Video Gaming Act (Act) (230 ILCS 40/1 et seq.). Unlike a
Class A license, a Class D license shall only be issued to those whose
primary purpose for seeking a liquor license is to allow for the operation
of video gaming terminals in the premises described in the application
and license. A Class D license shall only be valid during such times
as video gaming terminals are present in the premises and in operation
in accordance with the Act. The fee for such license shall be $1,200.
All such fees shall be paid to the City Clerk at the time application
is made; the Clerk shall issue a receipt for and on behalf of the
Mayor. In the event the license applied for is denied, the fee shall
be returned to the applicant; if the license is granted, then 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.
[Amended 8-23-2005 by Ord. No. 6-2005; 10-28-2014 by Ord. No. 9-2014; 7-27-2021 by Ord. No. 5-2021; 1-11-2022 by Ord. No. 1-2022[1]]
(A)
The number of licenses which may be in effect at any one time shall
be as follows:
[Amended 9-27-2022 by Ord. No. 8-2022]
|
Class of License
|
Number in Effect
|
|---|---|
|
A
|
1
|
|
A-2
|
1
|
|
B
|
3
|
|
B-1
|
1
|
|
C
|
0
|
|
C-1
|
1
|
|
D
|
10
|
(B)
A Class A-1 license can only be issued to a holder of a Class A or
A-2 license and is counted with the limitation of those licenses;
provided, however, that in addition to any and all limitations on
the number of Class A, B, B-1 and C licenses, the City of Hometown
may issue a license to any veterans' group organized and existing
under a charter issued by a national organization incorporated by
Act of Congress of the United States, upon payment of the sum of $1
annually, and that such licenses shall be considered in determining
the number of licenses issued and in effect.
[Amended 11-22-2016 by Ord. No. 7-2016]
Upon the approval by the Mayor of the application as provided
in the foregoing sections, and the payment of the required license
fee, the City Clerk shall issue to the person or persons applying
therefor a license to retail alcoholic liquors under the provisions
of this article, indicating the classification under which the license
is issued and the term for which such license was granted, which license
shall be signed by the Mayor and countersigned by the Clerk. The Mayor
shall keep or cause to be kept a complete record of all such licenses
issued by him, and shall furnish the 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)
A license shall be purely a personal privilege, good for not to exceed
one year after issuance unless sooner revoked as in this article provided,
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 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 alcoholic liquor, may continue the business
of the sale or manufacture 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, bankruptcy or insolvency
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 subsection.
(B)
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.
Any and all persons licensed under this article to sell alcoholic
liquors shall immediately cause to be and remain posted upon some
conspicuous part of the room or bar kept for such purpose his or her
license.
Any person so licensed, who shall not cause such license to
be and keep the same posted as required in the preceding section,
or who, not being licensed, shall cause or permit any license which
has expired or any paper or document purporting to be a license to
be or remain posted as aforesaid, shall, on conviction, be fined in
a sum not less than $10 nor more than $750.
A retail liquor dealer's license shall permit the sale of alcoholic
liquor only in 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 under the laws of this state and the ordinances
of the City.
All premises used for the 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
ordinances regulating the condition of premises used for the storage
of food for human consumption.
It is hereby determined that the following described portions of the City are not predominately residential in character and accordingly it shall not be necessary for any applicant to secure frontage consents in order to establish an alcoholic liquor business in said territory described as follows: Sections B-1 according to Chapter 22, Zoning, of the Code of the City of Hometown.
As to all other property within the limits of the City not described in § 11.45 above, it shall be unlawful to sell or offer for sale any alcoholic liquor.
(A)
It shall be unlawful for any licensee herein to sell, permit to sell,
offer for sale, allow the consumption of, or give away any alcoholic
liquors in the City between the hours of 2:00 a.m. and 6:00 a.m. on
any weekday and between the hours of 2:00 a.m. and 12:00 noon on Sundays.
Notwithstanding, the holder of a Class B-1 license shall be authorized
to sell packaged goods for off-premises consumption commencing at
9:00 a.m. on Sundays.
[Amended 8-23-2005 by Ord. No. 6-2005]
(B)
During such prohibited hours of sale, every location, place, or premises
where alcoholic liquor may be sold at retail shall be kept closed,
and no person other than the licensee or an employee or a member of
the immediate family of the licensee shall be permitted to remain
therein. All doors directly opening into or out of such location,
place, or premises for ingress thereto or egress therefrom shall be
securely locked during the prohibited hours of sale. The provisions
of this section relating to the closing of the premises and the locking
of the doors shall not apply to restaurants and hotels licensed as
food dispensers nor to clubs, drugstores, and delicatessen stores,
except that no alcoholic liquor may be consumed or sold during the
prohibited hours.
(A)
Every licensee hereunder engaged in the sale of alcoholic beverage
shall conduct his or her place of business in a quiet, decent and
respectable manner and shall eject therefrom or refuse admittance
thereto all persons rendering themselves objectionable or undesirable
by reason of undue noise or other acts disturbing the peace.
(B)
It shall be unlawful for any licensee, officer, associate, member,
agent, representative or employee of such licensee to give or deliver
any alcoholic liquor or alcoholic beverages to a person under the
influence of alcoholic liquor. Soliciting of drinks or prostitution
is prohibited.[1]
(C)
No licensee shall permit his patrons to perform any lewd, lascivious
acts or an act of obscenity.
(D)
Every licensee shall immediately report to the police any act by
a person or patron rendering himself objectionable, causing undue
noise or disturbance, breach of peace, unusual conduct, or a person
with a firearm, knife, bludgeon or deadly instrument.
(E)
No person licensed under the provisions hereof shall suffer any loud
or boisterous talking, or obscene or profane language, quarreling,
singing, fighting or other disturbance of persons passing along any
street or public square in the vicinity thereof or the disturbance
of the peace and quiet of persons doing business or residing in the
neighborhood thereof.
(F)
All persons, or employees, dispensing or serving food or alcoholic
liquor shall be decently clothed. Topless or similar types of attire
are hereby prohibited. In addition the following rules shall be observed:
(1)
It shall be unlawful for any person, while acting as a waiter,
waitress, or entertainer, to:
(a)
Expose his or her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or
(b)
Expose any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum,
anal region or pubic hair region; or
(c)
Expose any portion of the female breast at or below the areola
thereof.
(2)
It shall be unlawful for any licensee to permit or allow any
waiter, waitress, or entertainer to commit any of the unlawful acts
in this section.
(3)
A person shall be deemed to be a waiter, waitress or entertainer
if such person acts in that capacity without regard to whether or
not such person is paid any compensation by the management of the
establishment in which the activity is performed.
(G)
It shall be unlawful to employ in any premises used for the retail
sale of alcoholic liquor any person who is afflicted with, or who
is a carrier of, any contagious, infectious or venereal disease, and
it shall be unlawful for any person who is afflicted with or a carrier
of any such disease to work in or about any premises or to engage
in any way in the handling, preparation or distribution of such liquor.
(H)
It shall be unlawful for any licensee to suffer or permit any species
of gambling in his premises or any part thereof or any place adjacent
thereto under his control.
(I)
It shall be unlawful for any licensee to permit alcoholic liquor,
except in the original package and with the seal unbroken, to be taken
out of the premises wherein it was sold, delivered, or given.
(J)
It shall be unlawful for any licensee in the conduct of his business
to commit, suffer or permit, through himself, an agent, servant, or
employee, a violation of a City ordinance or law of the State of Illinois
or the United States. A certified copy of the conviction or proof
before the local Commissioner of facts to establish a violation shall
be sufficient cause for revocation or suspension of any license, irrespective
of whether or not a conviction has been obtained in any court.
(K)
It shall be unlawful for any licensee to suffer or permit a violation
of any rule or regulation of the Local Liquor Control Commissioner.
(1)
A licensee shall immediately report to the police a violation
of any City ordinance, Illinois statute or federal law occurring in
the licensed premises, or outside the licensed premises, but adjacent
thereto, involving the conduct of his business or patrons.
It shall be unlawful for any person to drink, consume, transport,
carry or possess any alcoholic liquor, except in the original package
and with the seal unbroken, on a public street, sidewalk, parkway,
public parking lot or semi-public parking lot. However, it shall be
lawful to drink, consume, transport, carry or possess any alcoholic
liquor if that person or organization using the public park has received
permission from the Playground and Recreation Board. The term "semi-public
parking lot" shall include any area wherein motor vehicles are parked
by the public in conjunction with any business, enterprise, or commercial
establishment.
No retail liquor dealer shall, by himself, servant or clerk,
allow drunkenness or permit any person to drink to excess on his premises,
or in any part thereof or in any place adjacent thereto under his
control.
[Amended 4-12-2005 by Ord. No. 1-2005]
(A)
No person under the age of 21 years shall consume, purchase or accept
delivery of alcoholic liquor or have alcoholic liquor in his or her
possession, excepting the possession and dispensing, or consumption
by a person under the age of 21 years of alcoholic liquor in the performance
of a religious service or ceremony, the consumption by a person under
the age of 21 years under the direct supervision and approval of the
parent(s) or guardian(s) of such underage person in the privacy of
that parent's or guardian's home, or the possession or delivery of
alcoholic liquors in pursuit of a person's employment by a licensee
as allowed by state law.
(B)
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 as allowed in Subsection (A) above.
(C)
It shall be unlawful for any person under the age of 21 years to
use false identification or the identification of another to obtain
admittance to or to obtain alcoholic liquor from any liquor establishment.
(D)
It shall be unlawful for any person to sell, give or furnish to any
person under the age of 21 years any identification which is used
by any other person for the purpose of gaining entrance into a liquor
establishment or which is used for the purpose of purchasing or attempting
to purchase any alcoholic beverage.
(E)
It shall be unlawful for any person to employ or permit the employment
of any person under the age of 21 years in any licensed premises where
alcoholic liquor is sold when that person is involved in the sale
or delivery of alcoholic liquor. Persons under the age of 21 may be
employed in any licensed premises where their employment does not
require them to sell, accept money for, check identification for,
or serve alcoholic liquor.
(F)
It shall be unlawful for any owner or occupant of any premises to
knowingly allow any person under the age of 21 years to violate any
provision of this section.
(G)
It shall be unlawful for any parent or guardian to knowingly permit
any person under the age of 21 years of which he or she may be the
parent or guardian to violate any provision of this section.
In all prosecutions under this article it shall not be necessary
to state the kind of liquor sold or to describe the place where sold,
or to show the knowledge of the principal to convict for acts of an
agent or servant, and in all cases the person to whom an alcoholic
liquor shall be sold in violation of any provisions of this article
shall be a competent witness.
(A)
The Mayor shall have the power to issue temporary permits (not licenses)
to any society, fraternity, picnic, bazaar, fair or similar public
or private assembly, for the sale of wine and beer where food is sold,
served or dispensed. Such temporary permits shall be issued only to
organizations not for pecuniary profit and shall be valid for only
one day.
(A)
Any person engaged in the sale at retail or wholesale of alcoholic
beverages without a license so to do shall be deemed guilty of a misdemeanor,
and each day that any person is engaged in the sale of liquor contrary
to the provisions of this article shall constitute a separate offense;
and, in addition thereto, any licensee hereunder who violates or permits
a violation of any provision contained herein pertaining to the conduct
of his business under such license may have his license revoked or
suspended by and pay a fine of up to $1,000 to the Local Liquor Control
Commissioner to investigate any complaints concerning the conduct
of any such establishment or place of business and to revoke or suspend
the license and to compel the licensee to pay a fine, together with
costs and reasonable attorney's fees, for failing or refusing to comply
with the provisions herein or the regulations of the Local Liquor
Control Commission if, in his judgment, such revocation or suspension
is advisable.
(B)
Any person, firm or corporation found guilty by a court of any violation
of the provisions of this article shall be fined as follows, and a
separate offense shall be deemed committed on each day during or on
which a violation continues:[1]
(1)
Not
to exceed $1,000 for a first violation within a twelve-month period.
(2)
Not
to exceed $1,500 for a second violation within a twelve-month period.
(3)
Not
to exceed $2,500 for a third or subsequent violation within a twelve-month
period.
(4)
Not
more than $15,000 in fines may be imposed against any licensee during
the period of the license.
The Chief of Police and all police officers shall have the duty
to see that all provisions of this article are strictly observed and
enforced. Persons who may be in violation of any provision of this
article shall be arrested and then prosecuted with the assistance
of the City Attorney without delay. All violations of the regulations
of the Local Liquor Control Commissioner shall be immediately reported
to him.
(A)
All licensees shall maintain a schedule of the prices charged for
all drinks of alcoholic liquor to be served and consumed on the licensed
premises or in any room or part thereof. Whenever a hotel or multi-use
establishment which holds a valid retailer's license operates on its
premises more than one establishment at which drinks of alcoholic
liquor are sold at retail, the hotel or multi-use establishment shall
maintain at each such establishment a separate schedule of the prices
charged for such drinks at that establishment.
(B)
No licensee or employee or agent of such licensee shall:
(1)
Serve two or more drinks of alcoholic liquor at one time to
one person for consumption by that one person, except selling or delivering
wine by the bottle or carafe;
(2)
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
or as provided in 235 ILCS 5/6-28.5;
(3)
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;
(4)
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
(5)
Advertise or promote in any way, whether on or off the licensed
premises, any of the practices prohibited under Subsection (B)(1)
through (4).
[Added 4-13-2010 by Ord.
No. 5-2010]
(A)
It shall be unlawful for any person to drink, consume, transport,
carry or possess any alcoholic liquor, except in the original package
and with the seal unbroken, from any licensed liquor establishment
except into a licensed outdoor service area. Outdoor service area
licenses are limited to establishments having full kitchen facilities
and offering food service to customers.
(B)
The consumption and possession of alcoholic liquor shall be permitted
in licensed outdoor service areas during the same hours of operation
for which the premises are licensed unless the outdoor service area
license is issued for different hours of operation. In no event shall
the outdoor service area be open later than 12:00 midnight Monday
through Sunday.
(C)
Application shall be made for an outdoor service area license upon such forms and with such attachments as required by the Mayor, serving in his capacity as the Local Liquor Control Commissioner. A diagram depicting the specific location and dimensions of the outdoor service area shall accompany the application. The annual fee for an outdoor service area license shall be $250, in addition to the fees set forth in § 11.35.
(D)
The application shall be reviewed by the Mayor. No outdoor service
area license shall be granted to the detriment of the public health,
safety, welfare and quiet enjoyment of persons residing or working
within vicinity of the premises. The Mayor shall have the right and
authority to place limitations or conditions upon any outdoor service
area license, which limitations and conditions include the hours of
operation and which may be changed on an annual basis by the Mayor.
The Mayor shall report the issuance of any outdoor service area license
to the Aldermen at a City Council meeting.
(F)
The following terms and conditions govern the issuance of an outdoor
service area license:
(1)
No outdoor storage of food or beverages is permitted.
(2)
Trash containers shall be self-closing and shall be emptied
at the closing hour so that no garbage or trash remains when the premises
are not open. Sufficient trash receptacles shall be provided and emptied
so as to prevent the overflow of garbage onto the ground.
(3)
Access shall be to the outdoor service area shall be limited
to one point of ingress and egress. A barrier shall be installed to
otherwise prevent entry into the designated area.
(4)
No animals shall be allowed (except for handicapped service
animals).
(5)
No alcoholic beverages may be removed from the outdoor service
area except into the main structure on the premises.
(6)
Handicapped-accessible seating shall be provided.
(7)
Fire exits shall not be blocked by the outdoor service area.
(8)
Required parking areas shall not be used for the outdoor service
area.
(9)
Occupancy limitations shall not be exceeded.
(10)
Sound-amplifying devices shall not disturb neighboring properties
and may only be used as permitted.
(11)
The public right-of-way shall not be used for the outdoor service
area.
(12)
All outdoor eating areas shall be cleaned and hosed down prior
to opening or at the close of business each day that the outdoor eating
areas are open for business.
(13)
The floor of the outdoor service area shall be a hard surface
of concrete, asphalt, brick material or decking.
