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by the federal government has been revoked, and the reasons therefor;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; 11-6-2018 by Ord. No. 18-6]
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.
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 11-6-2018 by Ord. No. 18-6]
[1]
Editor's Note: Original Section 4.8(g) of the 1973 Code, Class
"G" license, which immediately followed this section, was repealed 11-6-2018 by Ord. No. 18-6.
G.
Class H
license. This license shall be known as the "video gaming parlor"
license and shall entitle the licensee to sell at retail on the premises
licensed any liquor, beer and wine for consumption on the licensed
premises.
[Added 8-8-2017 by Ord.
No. 17-4; amended 8-2-2022 by Ord. No. 22-06]
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 11-6-2018 by Ord. No. 18-6]
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:
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 11-6-2018 by Ord. No. 18-6]
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:
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.
