It shall be unlawful to sell or offer for sale at retail in
the Village any alcoholic liquor without having a retail liquor dealer's
license.
Every person, firm or corporation engaged in the retail sale
of alcoholic liquor in the Village shall pay an annual fee. Such licenses
shall be divided into the following classes:
A.
Class "A" licenses shall authorize the retail sale of alcoholic liquor
for consumption on the premises specified in the license. It shall
be unlawful to sell any Class "A" liquors between the hours of 2:00
a.m. and 6:00 a.m. except on Saturdays and Sundays, in which case
such sales may be made until 3:00 a.m. All Class "A" licenses shall
have the privilege of selling at retail beer, ale, wine and all other
alcoholic liquor in package form. The annual fee for such license
is $500 per year.
B.
Class "B" licenses shall authorize the retail sale of liquor, beer,
ale, and wine in package form only in connection with the sale of
retail foods or groceries or other goods at retail. Such sales shall
be made only during the hours the establishment is open for the conduct
of its regular business and only during such times as Class "A" licenses
may operate. The annual fee for such license is $400 per year.
C.
Class "C" licenses shall authorize the retail sale of beer, ale,
and wine in package form only in connection with the sale of retail
foods or groceries or other goods at retail. Such sales shall be made
only during the hours the establishment is open for the conduct of
its regular business and only during such times as Class "A" licenses
may operate. The annual fee for such license is $300 per year.
D.
Class "D" shall be a temporary license for no more than 15 days and
shall authorize the retail sale of alcoholic liquor for consumption
on the premises specified in the license. It shall be unlawful to
sell any Class A liquors between the hours of 2:00 a.m. and 6:00 a.m.,
except on Saturdays and Sundays, in which case such sales may be made
until 3:00 a.m. All Class D licenses shall have the privilege of selling
beer, ale, wine, and other alcoholic liquor in package form. The fee
for such license shall be $25 for a minimum of one day and $100 for
two days for a maximum of 15 days. For charitable, fraternal or not-for-profit
corporations, the Liquor Control Commissioner may waive the license
fee.
[Added 8-16-2011 by Ord.
No. 595]
[Amended 1-17-2012 by Ord. No. 601; 9-7-2021 by Ord. No. 737]
During the hours when the sale of alcoholic liquor is prohibited, under
the provisions of Class "A" and Class "B" of the above enumerated
licenses, all such premises shall be closed and no person shall be
permitted to remain in or on the premises during such hours, except
the licensee, his employees, or members of the family. These hours
are presently until 2:00 a.m. on weekdays and 3:00 a.m. on weekends.
Members of the family is defined as the holder of the Class "A" or
Class "B" liquor license and their spouse, parents, and/or children.
In the event the holder of Class "A" or Class "B" liquor license has
individuals on the premises that are claimed to be employees, he/she
shall be required to submit proof of employment, to include W-2 forms,
applications, proof of payroll records upon request of the Liquor
Commissioner or his/her designee. In the event such proof is not provided
for all such individuals present, there shall be a mandatory fine
of $100 per person on the premises for a violation of this section
for a first offense. Said fines shall also include attorney's fees
and court costs, if any. The operator of the license, Class "A" or
Class "B" so fined under this provision shall not be allowed to operate
until all fines referenced above are paid in full, in certified funds,
to Village Hall. Any subsequent violations shall require suspension
of the liquor license for not less than seven days nor more than 30
days, at the sole discretion of the Liquor Commissioner. During hours
when sales are prohibited in Class "A" and Class "B," Class "C" licensed
businesses can remain open for business, except that conducted and
signs shall be prominently displayed listing the liquor shall be sold.
Each such license shall terminate on the last day of December
following the date of issuance. The fee to be paid shall be reduced
in proportion to the full calendar months which have expired in the
year prior to the issuance of the license. All annual liquor licenses
are due and payable on January 1 of each calendar year.
[Amended 8-16-2011 by Ord. No. 595; 1-16-2018 by Ord. No. 690; 1-15-2019 by Ord. No. 707; 8-4-2020 by Ord. No. 719; 1-19-2021 by Ord. No.
728]
There shall be no more than the following number of licenses
in force at any time:
|
License
|
Maximum Permitted Number
|
|---|---|
|
Class A
|
5
|
|
Class B
|
4
|
|
Class C
|
4
|
|
Class D
|
5
|
Applications for such licenses shall be made to the Village
President in writing signed by the applicant, if an individual, or
by a duly authorized agent thereof, if a club or corporation, verified
by oath or affidavit, and shall contain the following statements and
information:
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, the objects for
which organized, the names and addresses of the officers and directors,
and if a majority interest of the stock of such corporation is owned
by one person or his nominee, 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 the applicant has been in business of that character,
or in the case of a corporation, the date when 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 of business
which is to be operated under such license.
G.
A statement whether the applicant has made application for a similar
or other license on premises other than those described in the application,
and disposition of such application.
H.
A statement that the 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 the Village.
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 Village in the conduct of his place of business.
The local Liquor Control Commissioner shall have the right to
examine, or cause to be examined, under oath, any applicant for a
local license or for a renewal thereof, or any licensee upon whom
notice of revocation or suspension has been served as provided by
statute, and to examine, or cause to be examined, the books and records
or any such applicant or licensee; to hear testimony and take proof
for his information in the performance of his duties, and for such
purpose 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 local Liquor Control Commissioner under this section, he may
authorize his agent to act on his behalf, as provided by statute.
All fees shall be paid to the Village Collector at the time
application is made, and shall be forthwith turned over to the Treasurer.
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 Board of Trustees by proper action.
A retail liquor dealer's license shall permit the sale of alcoholic
liquor only on the premises described in the application and license.
Such location may be changed only upon written permission to make
such change issued by the President of the Village. 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 Village.
No license shall be issued to:
A.
A person who is not a resident of the Village.
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 the laws of the
State of Illinois or the United States, unless the Liquor Control
Commissioner 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 Commissioner’s investigation.
The burden of proof of sufficient rehabilitation shall be on the applicant.[1]
E.
A person who has been convicted of pandering or a crime or misdemeanor
opposed to decency and morality.
F.
A person who has been convicted of keeping a place of prostitution
or keeping a place of juvenile prostitution, promoting prostitution
that involves keeping a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile prostitution.[2]
G.
A person whose license 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, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership, unless all of the members
of such copartnership shall be qualified to obtain a license.[3]
J.
A corporation or limited-liability company if any member, 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 Village.[4]
K.
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.
L.
A person who has been convicted of a violation of any state or federal
law concerning the manufacture, possession or sale of alcoholic liquor,
or who shall have forfeited his bond to appear in court to answer
to charges for such violation.
N.
Any law-enforcing public official, the Village President or any member of the Board of Trustees, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any 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 (i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, (ii) the issuance of the license is approved by the State Commission, (iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and (iv) the official granted a license does not vote on alcoholic liquor issues pending before the board to which the license holder is elected. Notwithstanding any provision of this Subsection N 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 President of the Board may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Board has made a local liquor control commissioner appointment that complies with the requirements of Section 4-2 of the Liquor Control Act.[6]
O.
A person, firm or corporation not eligible for a state retail liquor
dealer's license.
The local Liquor Control Commissioner shall keep or cause to
be kept a complete record of all licenses issued by him.
Any licensee may renew his license at the expiration thereof,
provided that he is then qualified to receive a license and the premises
for which such renewal license is sought are suitable for the purpose;
provided, further, that the renewal privilege herein provided for
shall not be construed as a vested right which shall in any case prevent
the President from decreasing the number of licenses to be issued
within his jurisdiction.
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 cease upon
the death of the licensee and shall not descend by the laws of testate
or intestate devolution, 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 under the order of the appropriate court, 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 fee paid for any period in
which the licensee shall be prevented from operating under the license
in accordance with the provisions of this section.
A.
The Village President may suspend for not more than 30 days (235
ILCS 5/7-5) or revoke for cause any liquor dealer's license for any
violation of any provision pertaining to the sale of alcoholic liquor,
as provided and in the manner provided in 235 ILCS 5/4-4.
B.
In addition to suspension of license, the Village President, as Liquor
Control Commissioner, may levy a fine on a licensee for violations
of this article. The fine imposed shall not exceed $1,000 for a first
violation within a sixty-month period, $1,500 for a second violation
within a sixty-month period, and $2,500 for a third or subsequent
violation within a sixty-month period. Not more than $15,000 in fines
under this section may be imposed against any licensee during the
period of his license.
[Added 4-7-2009 by Ord.
No. 558; amended 2-21-2012 by Ord. No. 603]
