[HISTORY: Adopted by the President and Board of Trustees of the Village of Sidney 5-5-2003 by Ord. No. 2003-04. Amendments noted where applicable.]
This chapter shall be and constitute the Liquor Control Ordinance of the Village of Sidney, Illinois, which is adopted pursuant to Illinois statutes authorizing the empowered municipalities to control and regulate the retail sale of alcoholic liquor within the municipality, and this chapter shall be in effect for that purpose on and after its effective date as provided herein.
The words and phrases used in this chapter and which are defined in the Act of the General Assembly of the State of Illinois known as "An Act Relating to Alcoholic Liquors," approved January 31, 1934, as amended, shall have the same meaning in this chapter as defined in that Act; see 235 ILCS 5/1-1 et seq.
All the regulations and requirements set forth in said Act of the General Assembly, as amended, which relate in any way to the licensing or sale of alcoholic liquors at retail within cities of less than 1,000,000 population shall be taken and construed as a part of this chapter as though the same were fully set forth herein.
A license for the sale of alcoholic liquors at retail shall be granted for a term of not to exceed one year, and all licenses shall expire April 30 following the date of issuance. License fees shall be paid in full for the remainder of the municipal year from the date of application and fees for the payments of such licenses shall accompany the application. However, the license fee shall be reduced in proportion to the full calendar months which have expired in the municipal year prior to the date of application. No part of any license fee after issuance of said license shall be refunded.
Such numbers of license of each classification may be issued as set forth in § 106-6 of this chapter.
A temporary license(s) [Class T license(s)] shall, however, be valid only on and for the days designated thereon, which cannot exceed three consecutive days, and which cannot exceed six days in a calendar year. The authorized dates of a Class T license shall appear on the application and on the license. There shall be no proration of the temporary license fee as said fee is computed on a per-diem basis.
The provisions of this chapter do not supersede or affect any applicable private restrictions or covenants regarding the use of real estate.
[Amended 8-7-2006 by Ord. No. 2006-05; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following license classifications A through F and classification R allow the owner to sell alcoholic beverages seven days each week. Fees for licenses of all classifications are established in Chapter 130, Fees, of the Village Code.
Licenses for the sale of alcoholic liquors at retail shall be issued in the following categories or classes:
Class A license (tavern with package sales). A Class A license shall entitle the licensee to sell alcoholic liquor in package form for consumption on or off the premises where sold and to sell alcoholic liquors by the drink for consumption on the premises.
Class B license (tavern with no package sales). A Class B license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises only.
Class C license (package only). A Class C license shall entitle the licensee to sell alcoholic liquor in the original packages not to be consumed on the premises where sold.
Class D license (beer and wine on premises/package). A Class D license shall entitle the licensee to sell beer and/or wine for consumption on or off the premises where sold and to sell beer and/or wine by the drink for consumption on the premises only.
Class E license (beer and wine package). A Class E license shall entitle the licensee to sell beer and/or wine in the original packages not to be consumed on the premises where sold.
Class F license (beer and wine/no package). A Class F license shall entitle the licensee to sell beer and/or wine at retail by the drink for consumption on the premises only.
Class R license (restaurant).
A Class R license shall entitle the licensee to sell alcoholic liquor for consumption on or off the premises where sold; provided, however, that a licensee of a Class R license must sell food at the licensed premises for consumption on the premises. The yearly gross food sales must constitute at least 25% of the total food and liquor sales at the establishment for that period.
Each Class R licensee must submit written, signed reports each quarter summarizing on a monthly basis the monetary amounts of food sales and liquor sales for such periods on such forms and in such detail as the Village may require to confirm the eligibility of the licensee for such Class R license, which requires that at least 25% of the gross sales of food and alcoholic liquor of said licensee must be food served in such establishment.
Class T license (special events). A Class T license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises or within the area(s) specified and designated on the license application, and only on the hours specified and days designated on the license application and on the license. Class T licensees must comply with all provisions of this chapter and any amendments thereof.
[Amended 11-7-2005 by Ord. No. 2005-08; 12-5-2005 by Ord. No. 2005-10; 8-7-2006 by Ord. No. 2006-05; 12-3-2012 by Ord. No. 2012-04; 2-1-2016 by Ord. No. 2016-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each establishment so licensed shall display in some prominent place on the premises the license issued to it, at all times during business hours.
It shall be unlawful to sell, or offer for sale, in this Village any alcoholic liquor without having a retail liquor dealer's license, or to sell the same in violation of the terms of such license.
Applications for a liquor license shall be made in writing to the President of the Board of Trustees, or such other person as he/she may appoint with the consent of the Board of Trustees, and shall be signed by the applicant if an individual, or by a duly authorized agent thereof if a club or corporation, and shall be required by said President and Board of Trustees, or such other person as he/she may appoint with the consent of the Board, consistent with the Act of the General Assembly relating to intoxicating liquors, herein mentioned.
If any license is surrendered, not renewed or revoked, the number of authorized licenses in that classification is automatically be reduced by one, notwithstanding the number of licenses set forth in § 106-6 above. However, this section shall not prevent the renewal of a license, otherwise renewable, that was not timely renewed if such renewal application is made within 30 days of the license's expiration. The corporate authorities may, from time to time, amend § 106-6 to clarify the actual number of licenses authorized.
All retail liquor dealer's fees received by the President, or the Liquor Commissioner, shall be forthwith turned over to the Village Clerk, if the application for such license is accepted. In the event the license applied for is denied, the fee shall be forthwith returned to the applicant. Such fees, when received, shall be deposited to the general corporation fund of the Village, or such fund as may be designated by the Board of Trustees.
The President, or such other liquor control commissioner as may be appointed by him/her with the approval of the Board, shall keep a complete record of all retail liquor licenses issued by the Village, and shall furnish the Village Clerk and Champaign County Sheriff with a copy thereof, and he/she shall give notice to the Village Clerk and Champaign County Sheriff of the revocation or surrender of any such licenses within 48 hours thereof.
A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application. The licensee may change the location only upon application and approval of the Liquor Control Commissioner.
It is hereby determined that the following described portions of the Village are predominately residential in character: all real estate that is now or is hereafter zoned RR (Rural Residential District), R-1 (Single- and Two-Family Residential District), or R-2 (Multiple-Family Residential District) under Chapter 250, Zoning, of the Code of the Village of Sidney. No retail liquor licenses, except Class T, shall be issued for any property located in any of those residentially zoned areas.
No retail liquor licenses, except Class T, shall be issued for any property zoned CR (Conservation-Recreation District) or I (Industrial District).
It shall be unlawful to sell or offer for sale any alcoholic liquors in the Village of Sidney, Illinois, between the hours of 1:00 a.m. and 6:00 a.m. of the same day, Tuesday through Saturday; between the hours of 12:00 midnight and 6:00 a.m. on Monday; and between the hours of 1:00 a.m. and 12:00 noon on Sunday. All establishments licensed to sell alcoholic liquor at retail shall close such bar or place of sale promptly at the specified closing time and shall quit serving at such time prior thereto so as to close by said hour.
It shall be unlawful for any person licensed to sell alcoholic liquors for consumption upon the premises to violate any of the provisions of An Act Relating to Intoxicating Liquors approved January 31, 1934, as amended, and it shall also be unlawful for such licensee to display samples of liquor or liquors in show windows.
The licensed premises shall be open to inspection by the Village authorities at any time for the purpose of enforcing the provisions of this chapter.
The Liquor Control Commissioner may suspend or revoke any retail liquor dealer's license for any violation of any of the provisions of this chapter, or for any violation of any state or federal law pertaining to alcoholic liquor, in the manner provided by statute.
In addition to the suspension, the Liquor Control Commissioner may levy a fine on the licensee for such violations. Proceeds from such fines shall be paid into the general corporate fund. Not more than $15,000 in fines may be imposed against any licensee during the period of the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Notice of hearings regarding such suspension or revocation shall be sent to the Champaign County Sheriff, Village Clerk, and the Board of Trustees. The citations of violations, notice of hearings, conduct of hearings and decisions thereon shall be as provided by statute (235 ILCS 5/7-9). The appeal of any decision of the Liquor Control Commissioner shall be limited to a review of the official record of proceedings of such Liquor Control Commissioner. Any penalty imposed may be appealed within 30 days as provided by law, unless a different period is provided by applicable law.
If any person, other than a licensee, violates any provision of this chapter, said violation shall be punishable by a fine of not more than $750 for each violation, and a separate offense shall be deemed committed on each day during which a violation occurs or continues.
It shall be unlawful for any licensee to sell, give or deliver any alcoholic liquors to any person under the age of 21 years, or to any intoxicated person.
It shall be unlawful for any person under the age of 21 years to purchase or obtain any alcoholic liquor at any place where alcoholic liquor is sold in the Village of Sidney. It shall likewise be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of purchasing or receiving alcoholic liquor in any place in the Village of Sidney.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every place of business in the Village of Sidney where alcoholic liquor is sold shall display in a prominent place a printed card warning persons under the age of 21 years against the purchase of alcoholic liquor and advising them that violations of this chapter will subject such minors to a fine up to $750 under this chapter and at least 25 hours of community service.
It shall be illegal for any person under the age of 21 years to be employed to draw, pour or mix any alcoholic liquor and persons under the age of 21 years are prohibited from attending bar and from drawing, pouring or mixing alcoholic liquors on any licensed premises; provided, however, that a person 18 years of age or older may sell package liquor for consumption off the premises only.
Reporting of disorderly conduct and violations of law. All licensees hereunder shall have the affirmative duly of reporting to the on-duty radio dispatcher of the Champaign County Sheriff's Department any and all incidents of disorderly conduct or any and all criminal violations of this chapter which take place within or upon premises for which a liquor license has been issued pursuant to this chapter immediately upon observance or notification of the incident. The licensee, employee or agent making the report of an incident shall identify himself or herself to the police dispatcher and shall state the nature of the incident. For the purpose of this chapter, disorderly conduct as used herein shall mean such act or behavior of any person which in any unreasonable manner alarms or disturbs another or provokes a breach of the peace within or upon such premises. Failure to report to the police as herein provided shall be deemed sufficient cause to suspend or revoke the license issued hereunder.
Nude dancing and sexually provocative conduct. The following kinds of conduct on premises in this Village licensed to sell alcoholic liquor are prohibited:
The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals.
The actual or simulated displaying of the pubic hair, anus, vulva, genitals, or female breast below the top of the areola.
The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals, anus, pubic hair or female breast below the top of the areola.
The displaying of films or pictures depicting acts, a live performance of which is prohibited by the regulations stated above.
[Added 2-3-2020 by Ord. No. 2020-01]
To the extent that the Village Board President declares his/her ineligibility to serve as the Village Liquor Commissioner pursuant to 235 ILCS 5/4-2 and/or other applicable law, the Village Board, upon motion, second and by majority vote, shall appoint a Village resident who does so qualify as Special Liquor Commissioner. The Special Liquor Commissioner may be a Trustee or a Village resident who does not hold office but who does qualify to run for office within the Village. The Village Board President not eligible to serve as Liquor Commissioner shall then not so serve and shall abstain from participating in any processes and/or proceedings relating to alcohol as prescribed by 235 ILCS 5/4-2 or as otherwise provided by law. The office of Special Liquor Commissioner shall serve all rights as functions of the Village Liquor Commissioner and local liquor commissioner as defined by Village ordinance and pursuant to applicable Illinois statutes. Such an individual shall be removed from such office upon motion, second and majority vote or when the office of Village President is held by a president who qualifies to serve as local liquor commissioner. The office of Special Liquor Commissioner may also be referred to as "Liquor Commissioner" and/or "Village Liquor Commissioner." The appointment to the position of Special Liquor Commissioner shall be deemed filled and effective upon the vote of appointment by the Board of Trustees as provided under this section.