City of Waverly, IL
Morgan County
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Table of Contents
Table of Contents
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, and it shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor in violation of the terms of such license.
The provisions of Chapter 178, Licenses, of this Code, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article.
A. 
Applications for licenses required by § 107-3 shall be made to the Mayor in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation, verified by oath or affidavit, and shall contain the following information and statement:
(1) 
The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation, for profit, or a club, 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;
(2) 
The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization;
(3) 
The character of business of the applicant; and in case of a corporation, the objects for which it was formed;
(4) 
The length of time that such applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
(5) 
The amount of goods, wares and merchandise on hand at the time application is made;
(6) 
The location and description of the premises or places or business which is to be operated under such license;
(7) 
A statement whether the applicant has made application for a similar license on premises other than described in this application, and the disposition of such application;
(8) 
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 chapter, laws of this state or the ordinances of the City;
(9) 
Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor;
(10) 
A statement that the applicant will not violate any of the laws of the State of Illinois, the United States, or any ordinances of the City in the conduct of his place of business.
B. 
In addition to the foregoing requirements, all clubs, as defined by the statutes of the State of Illinois, shall furnish to the Mayor and City Clerk a sworn statement giving a complete and accurate list of all of its members in good standing as of the date of application; and so long as such club shall have a license to sell liquor at retail in the City, such clubs shall, on or before May 1 and November 1 in each year, furnish to the Mayor and City Clerk a sworn statement as to membership as required in the original application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 3-4-2014 by Ord. No. 14-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No license required by the provisions of this article 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 any federal or state law, unless the Commission determines that such person will not be impaired by the conviction from engaging in the licensed practice after considering matters set forth in such person's application in accordance with 235 ILCS 5/6-2.5 and the Commission's investigation;
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;
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 under this article would not be eligible for such license upon a first application;
I. 
A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence within the City;
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 with the City;
K. 
A corporation or limited-liability company unless it is incorporated or organized in this state or is qualified by law to transact business in this state;
L. 
A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee;
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, subsequent to the passage of this chapter, or shall have forfeited his bond to appear in court to answer charges for any such violation, unless the Commission determines, in accordance with 235 ILCS 6/5-2.5, that the person will not be impaired by the conviction from engaging in the licensed practice;
N. 
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;
O. 
Any law-enforcing public official, or Mayor or member of the City Council, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor; except that a license may be granted to such official in relation to premises that are not located within the City if the issuance of such license is approved by the State Liquor Control Commission; and except that a license may be granted to any Alderman in relation to premises that are located within the City 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 Council. Notwithstanding any provision of this Subsection O to the contrary, an Alderman may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law-enforcing public official or the Mayor. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the Mayor may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Council has made a local liquor control commissioner appointment that complies with the requirements of 235 ILCS 5/4-2;
P. 
A person who is not a beneficial owner of the business to be operated by the licensee;
Q. 
A person who has been convicted of a gambling offense under state law;
R. 
A person to whom 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 15/1 et seq.) or the Illinois Pull Tabs and Jar Games Act (230 ILCS 20/1 et seq.);
S. 
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).
T. 
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 T, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
U. 
A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection U, 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.
[Amended 3-4-2014 by Ord. No. 14-1; 7-1-2014 by Ord. No. 14-5; 8-8-2017 by Ord. No. 17-4; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All license fees shall be paid to the City Clerk at the time application is made; the Clerk shall issue a receipt therefor and on behalf of the Mayor. In the event the license applied for is denied, the fee shall be returned to the applicant, and 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 City Council, by proper action.
B. 
Annual license fees shall be as set forth in the fee schedule adopted by the City Council for the classes of licenses set forth in § 107-8.
C. 
The license fees may be reduced or increased from time to time by vote of the City Council without the necessity of amending this § 107-7. Any changes in the license fees shall be posted and made available to the public at City Hall.
The licenses required by the provisions of this article shall be classified as follows:
A. 
Class A license. This license shall be known as a "tavern" license and shall entitle the licensee to sell at retail on the premises licensed any liquor, wine or beer for consumption, including package sales; provided, however, the contents of any open containers must be consumed on the premises. Food service as a restaurant and/or entertainment may be provided.
B. 
Class B license. This license shall be known as a "food store license" and shall entitle the licensee to sell at retail on the premises licensed any liquor, wine or beer in the original package only and for consumption off of the licensed premises only. This license shall be the only license issued for premises where the principal business is that of the sale of meats, groceries and related food products and such premises shall be the only type of premises for which this license may be issued.
C. 
Class C license. This license shall be known as a "club" license and shall entitle the licensee to sell at retail on the premises licensed any liquor, wine or beer for consumption only on the premises licensed, not including packaged sales; provided, however, the customers served under this license shall be only members of the club and their guests.
D. 
Class D license. This license shall entitle the licensee to sell at retail on the premises licensed any liquor and beer and wine only for consumption off the licensed premises. Food services may be provided on the licensed premises.
[Amended 7-1-2014 by Ord. No. 14-5]
E. 
Class E license. This license shall be known as a "special events" license and shall entitle the licensee to sell at retail on the premises licensed beer and wine only for consumption on the licensed premises only. No special events license shall be issued for a term of more than three consecutive days. A special events license shall be granted only to a bona fide not-for-profit corporation or a civic, veterans or fraternal organization for premises occupied by it during a special event associated with the corporation or organization. No such licensee shall be entitled to receive more than three special events licenses in any calendar year. The licensed premises for a special events license shall be as designated in the form of license.
F. 
Class F license. This license shall be known as a "restaurant" license and shall entitle the licensee to sell at retail on the premises liquor, beer and wine only for consumption on the licensed premises only. Food service must be provided on premises and alcohol must be served in conjunction with meals.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: Original Section 4.8(g) of the 1973 Code, Class "G" license, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Class H license. This license shall be known as the "beer only" license and shall entitle the licensee to sell at retail beer on the licensed premises for consumption only on the licensed premises.
[Added 8-8-2017 by Ord. No. 17-4]
A. 
It shall be unlawful for licensees holding Class B or Class H licenses to sell or offer for sale at retail any alcoholic liquor between the hours of 1:30 a.m. and 6:00 a.m. of any day and between the hours of 1:30 a.m. and 12:00 noon of the same Sunday.
[Amended 8-8-2017 by Ord. No. 17-4]
B. 
It shall be unlawful for licensees holding Class B or Class C or Class D licenses to sell or offer for sale at retail any alcoholic liquor between the hours of 12:00 midnight and 6:00 a.m. of any weekday and 12:00 midnight Saturday and 12:00 noon on Sunday.
C. 
It shall be lawful for a licensee holding a Class E license to sell or offer for sale beer and wine between the hours of 11:00 a.m. and 11:00 p.m. of any day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
It shall be unlawful for a licensee holding a Class F license to sell or offer for sale liquor, beer and wine between the hours of 1:30 a.m. and 6:00 a.m. Monday through Saturday and between 1:30 a.m. and 9:00 a.m. on Sundays.
[Added 4-7-2015 by Ord. No. 15-2]
E. 
The time specified in this section for ending the sale of any alcoholic liquor, beer or wine shall be one hour later on any January 1.
A. 
The number of licenses that shall be issued under the provisions of this article shall be as follows:
(1) 
Class A: two.
(2) 
Class B: one.
(3) 
Class C: two.
(4) 
Class D: two.
(5) 
Class E: one.
(6) 
Class F: two.
[Amended 7-1-2014 by Ord. No. 14-5]
(7) 
Class G: one.
(8) 
Class H: two.
[Added 8-8-2017 by Ord. No. 17-4]
B. 
Provided, however, that nothing in this section shall prevent any licensee from renewing his license at the expiration thereof if such licensee continues to meet the requirements of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or 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, food shops or other places where sale of alcoholic liquors is not the principal business carried on, if such places of business so exempted shall have been established for such purpose prior to the enactment of this article, 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 the 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 any building used for worship services or educational programs and not to property boundaries.
B. 
Nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if:
(1) 
The restaurant is newly constructed and located on a lot of not less than 10,000 square feet;
(2) 
The restaurant costs at least $1,000,000 to construct;
(3) 
The licensee is the titleholder to the premises and resides on the premises; and
(4) 
The construction of the restaurant is completed within 18 months of July 10, 1998 (the effective date of Public Act 90-617).
C. 
Nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if:
(1) 
The primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant;
(2) 
The immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership; and
(3) 
The restaurant is located 75 or more feet from a school.
D. 
Nothing in this section 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 the sale or consumption of alcoholic liquors.
E. 
Notwithstanding any provision in this section to the contrary, nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if:
(1) 
The church owns the theater;
(2) 
The church leases the theater to one or more entities; and
(3) 
The theater is used by at least five different not-for-profit theater groups.
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 a 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 the state and the ordinances of the City.
Upon the approval by the Mayor of the application as provided in this article, and the payment of the required license fee, the City Clerk shall issue to the person applying therefor, a license to retail intoxicating liquors under the provisions of this chapter, 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 City Clerk.
Any license issued under the provisions of this article may be revoked by the Mayor for the violation by the licensee of any applicable provision of state law, this Code or City ordinances.
Upon the issuance of any new license, or the revocation of any old license, the Mayor shall give written notice of such action to the City Clerk, City Treasurer and Chief of Police within 48 hours of such action.
The Mayor shall keep or cause to be kept complete records of all licenses issued by him under the provisions of this article, and he shall furnish the City Clerk, City Treasurer and Chief of Police each with a copy thereof.
A. 
Any license issued under this article shall be purely a personal privilege to expire not later than the 30th day of April next after its issuance unless sooner revoked as in this article provided, and such license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, except as provided in this article, nor shall it be subject to being encumbered or hypothecated.
B. 
Licenses may be transferred, in the case of a bona fide sale or transfer for valuable consideration, upon application being filed with the City Clerk for such transfer and upon payment to the City Clerk, in case such application is approved, of a transfer fee as set forth in the fee schedule adopted by the City Council. The applicant for a transfer of any such liquor license shall be the purchaser or transferee of such licensed business, licensed premises or licensed place of business; and in his application he shall furnish information respecting such sale or transfer and also furnish such information similar to that required of an applicant for an original license. Such application for transfer of a license shall be investigated and approved or rejected as in the case of applications for original licenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
In case of the death of any licensee or partner in a copartnership having a license, the administrator, executor or person inheriting the licensed business, licensed premises or licensed place of business or taking same under a will, upon satisfactory proof thereof to the City Clerk, shall be substituted for such licensee for a transfer fee as set forth in the fee schedule adopted by the City Council, but in the event such administrator or executor, heir or beneficiary under the will of such deceased shall sell such licensed business, licensed premises or licensed place of business, the purchaser or transferee shall apply for a transfer of license as in the case of a sale or transfer by the licensee during his lifetime and shall pay a like transfer fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any and all persons licensed under this article to sell intoxicating liquors shall immediately cause his license to be and remain posted upon some conspicuous part of the room or bar kept for such purpose.
Any person having a license issued under this article shall have the right to renew such license at the expiration thereof; provided he is then qualified to receive a license and the premises for which such renewal license is sought is suitable for such purpose; and provided further that such renewal privilege shall not be construed as a vested right which shall prevent a revocation of the license for cause.