Village of Brownstown, IL Liquor

No person shall sell, keep or offer for sale at retail, or conduct any place for the sale at retail, of alcoholic liquor within the corporate limits of this municipality without having a license to do so, issued by the Mayor of this municipality in the manner hereinafter provided, and a valid license for such purpose issued by the Illinois Liquor Control Commissioner of the State of Illinois.

A similar valid license issued by the Mayor of this municipality is hereby required for and with respect to each building, location and premises, within the location and premises of this municipality, at or upon which alcoholic liquor is to be sold or kept or offered for sale at retail.

§ 21-2-2 Applications.

The Mayor is authorized to grant and issue licenses to individuals, firms, and corporations to keep and offer for sale at retail alcoholic liquors within the corporate limits of the municipality upon the conditions and in the manner provided by this chapter and by the Act of the General Assembly of Illinois, and not otherwise. Such license shall be in writing, signed by the Mayor and attested by the Municipal Clerk.

Prior to issuance of a license, the applicant must submit to the Mayor an application, in triplicate, in writing and under oath, stating the following:

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, a certificate of good standing issued by the Illinois Secretary of State, the object for which it was organized, the names and addresses of the officers, directors and the name of the person who will be managing the establishment for which the license is sought, and if a majority in interest of the stock of such corporation is owned by one person or his nominee, the address and name of such person.

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 for the applicant and, in the case of a corporation, the objects for which it was formed.

(4)

The length of time that the applicant has been engaged in the business of that character or, in the case of a corporation, the date on which its charter was issued.

(5)

The location and description of the premises or place of business which is to be operated under such license.

(6)

Whether the applicant has made similar application for a similar other license on premises other than described in the application and the disposition of such application.

(7)

That the applicant has never been convicted of a felony and is not disqualified to receive a license by reasons of any matter or thing contained in the aforesaid Act of the General Assembly or in this chapter or resolution and amendments thereto.

(8)

Whether a previous license issued to the applicant by any state or subdivision thereof, or by the federal government, has been revoked and the reasons therefor.

(9)

A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, of any ordinance of the Village in the conduct of his or her place of business.

(10)

The amount of goods, wares and merchandise on hand at the time application is made.

(11)

There is attached to this application a reproduced copy of the lease covering the premises for which a license is sought, if the person applying for the license does not beneficially own the premises.

One copy of the application shall be retained by the Mayor, and one copy given to the Chief of Police; the Chief of Police shall endorse on the copies his approval or disapproval of the application and may make further comments regarding that application. The copies shall be returned to the Mayor, and the endorsement and comment of the Chief of Police shall be considered by the Mayor as an aid in deciding whether the license should be issued or refused.

§ 21-2-3 Examination of Applicant.

The Mayor shall have the right to examine or cause to be examined, under oath, any applicant for a local license or for renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof for information in the performance of his or her duties, and for such purpose to issue subpoenas which shall be effective in any part of this state.

§ 21-2-4 Prohibited Licensees.

No retail license shall be issued by the Mayor to the following:

A person who is not a resident of Fayette County, Illinois;

A person who is not 21 years of age;

A person who has been convicted of a felony under any federal or state law if the Mayor determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;

A person who has been convicted of being the keeper of or is keeping a house of ill fame;

A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;

A person whose license has previously been revoked for cause;

(G)

A person who, at the time of the application for renewal for any license issued hereunder, would not be eligible for such license upon first application;

(H)

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;

(I)

A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of such corporation, would not be eligible to receive a license hereunder for any reason other than the requirement for citizenship and residence;

(J)

A corporation, unless it is incorporated in the State of Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983[1] to transact business in Illinois;

[1]

Editor's Note: See 805 ILCS 5/1.01 et seq.

(K)

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;

(L)

Any person, association, or corporation not eligible for a state retail liquor license;

(M)

A person who is not of good character and reputation in the community in which he resides;

(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 code or has forfeited his bond to appear in court to answer charges for any such violation;

(O)

A person who does not own the premises for which a license is sought, or does not rent or have a written lease executed by the parties thereto for the full periods for which the license is to be issued;

(P)

Any law enforcing public officials, including members of local liquor control commissions, any mayor, alderman, or member of a city council or commission, any president of a village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises which 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 the Mayor;

(Q)

A person who is not a beneficial owner of the business to be operated by the licensee;

(R)

A person who has been convicted of a gambling offense as prescribed by 720 ILCS 5/28-1.1 or 720 ILCS 5/28-3, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;

(S)

A person to whom a federal wagering stamp has been issued by the federal government for the current tax period; except those persons who are eligible to receive a license under the Raffles and Poker Runs Act,[2] being 230 ILCS 20/1 et seq. of the state's Pull Tabs and Jar Games Act;

[2]

Editor's Note: See 230 ILCS 15/0.01 et seq.

(T)

A copartnership to which 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;

(U)

A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation has been issued a federal wagering stamp for the current tax period;

(V)

Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period; and

(W)

A person who is not a citizen of the United States.

§ 21-2-5 Term; Fee Submitted in Advance.

Each liquor license shall terminate at 12:00 midnight on March 31 next following 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.

With respect to a corporation operating an establishment for which a liquor license has been issued, should the manager of said establishment change after the issuance of said liquor license, the corporation must submit the new manager's name within 15 days. Continuation of the license will be contingent upon a background check of the new manager as set out in this chapter, and all fees shall be waived should the license be changed only as a result of a change of managers. If, for some reason, the manager is not acceptable, the licensee shall have 15 days to submit a new name before revocation. Failure to provide new information shall be grounds for suspension or revocation of said license.

§ 21-2-6 Classes of Licenses.

The following licenses shall be available:

Class "A" licenses (package store). "A" licenses shall authorize the retail sale of alcoholic beverages in closed containers and not for consumption on the premises.

Class "B" licenses (club). "B" licenses shall authorize a club, as otherwise herein defined, to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.

Class "C" licenses (restaurant). "C" licenses shall authorize a restaurant to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.

Class "D" licenses (special event license).

A "D" license shall authorize the retail sale of beer and wine for consumption on premises only and shall not authorize sale of sealed containers for off-premises consumption. This license shall be for a not-to-exceed-twenty-four-hour period on specifically described premises and not otherwise. The license is for special events only and shall be available only to civic, service, charitable and other not-for-pecuniary profit organizations. No alcoholic beverage may be sold or consumed within 25 feet of any public street open to vehicular traffic. No license shall issue unless a $500 cleanup deposit of $500 shall be made.

The applicant shall participate in a meeting with the Mayor and Chief of Police. The purpose of said meeting shall be to discuss and review, in detail, the following:

(a)

The proposed physical layout of the site of the event, including but not limited to the location and size of fences or other barriers used to secure the area, the location where alcoholic beverages will be served, the location and size of any stage that will be used for live entertainment, and the number and location of sound-amplification devices;

(b)

The identity, training and background of any persons who will be responsible for security at the event;

(c)

Any other aspects of how the applicant proposes to operate and manage the event that are related to ensuring that the event will not violate the requirements of this section or otherwise adversely impact on the health, safety and welfare of the public.

(3)

The Mayor may consider the following characteristics of the event as proposed to determine whether to request meeting with the applicant ahead of the event and whether to recommend the imposition of additional security measures as a condition of the license:

(a)

The size of the site for the event.

(b)

The duration of the event.

(c)

The number of persons that can reasonably be expected to attend the event.

(d)

The event's proximity to residential areas.

(e)

The event's proximity to public streets or other public rights-of-way.

(f)

Whether live entertainment will be provided.

(g)

The Police Department's or other municipalities' experience with similar events in the past.

(h)

Any other characteristics of the event as proposed that could reasonably be expected to adversely affect the public health, safety and welfare in the absence of adequate security measures.

Class "E" licenses (public house). "E" licenses shall authorize a public house as otherwise herein defined to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.

Class "F" licenses (limited consumption/package). "F" licenses shall authorize the retail sale of beer and wine for consumption on premises and shall authorize sale of sealed containers of alcoholic beverages for off-premises consumption.

[Added 11-19-2019 by Ord. No. 2019-11-03]

§ 21-2-7 Fees for Licenses.

Class "A" License.

The fee for a Class "A" license shall be $500.

There shall be zero Class A licenses available at any one time.

[Amended 11-19-2019 by Ord. No. 2019-11-03]

Class "B" License.

The fee for a Class "B" license shall be $300.

There shall be one Class B license available at any one time.

Class "C" License.

The fee for a Class "C" license shall be $500.

There shall be two Class C licenses available at any one time.

Class "D" License.

The fee for a Class "D" license shall be $1,000.

There shall be one Class D license available at any one time.

Class "E" License.

The fee for a Class "E" license shall be $1,000.

There shall be no Class E licenses available at any one time.

Class "F" License.

[Added 11-19-2019 by Ord. No. 2019-11-03]

The fee shall be $1,000.

There shall be one Class F license available at any one time.

§ 21-2-8 Class "D" License Application Process; Licensee Responsibilities.

The license holder shall, within 24 hours of termination of the license term, remove from the license site and any adjoining public or private property all refuse, litter and garbage arising directly or indirectly from the presence of persons upon the licensed premises. Upon written application, the twenty-four-hour period may be extended by the local Liquor Control Commissioner for a definite period of time for good cause shown. Good cause shall include, but not be limited to, natural disasters and extreme weather conditions. In the event that a Class "D" license holder does not remove all refuse, litter, debris and garbage as above required, within the twenty-four-hour period, or the extension of that period, the Village may, after 24 hours' notice, remove all refuse, litter, debris, garbage and the like from the property used for the event. Any cleanup costs incurred by the Village shall be deducted from the refund of the cleanup deposit. The refund, if any, shall be paid to the licensee within 30 days of occurrence of the special event.

§ 21-2-9 Nature of License.

A license issued under this chapter shall be purely a personal privilege, good for not to exceed one year after issued, unless sooner revoked as in this chapter authorized and 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.

§ 21-2-10 Display of License.

Every licensee under this chapter shall cause the license to be framed and hung in plain view in a conspicuous place on the licensed premises.

§ 21-2-11 Record of Licenses.

The Mayor shall keep a complete record of all licenses issued and shall supply the Clerk, Treasurer and Chief of Police a copy of the same. Upon issuance or revocation of a license, the Mayor shall give written notice to these same officers within 48 hours.

§ 21-2-12 Fees.

Liquor license fees shall be tendered at the time application is made. If the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be delivered to the City Treasurer for deposit.

§ 21-2-13 Change of Location.

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 law of this state and the ordinances of the Village.

§ 21-2-14 Sanitary Conditions.

All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption.

§ 21-2-15 Acts of Agent or Employee.

Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter, by any officer, director, manager or other agent or employee of any licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by it, him or her personally.

§ 21-2-16 Employees.

It is 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 venereal disease, and it is 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.

§ 21-2-17 Location and Restrictions.

No license shall be issued for the sale at retail of any alcoholic liquor, beer, ale, stout or lager beer on any premises situated within 200 feet of any church, school, hospital, home for aged persons, institutional home for veterans, their wives or children; provided that this provision shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on. This provision shall also not apply to club licenses applied for by church-related clubs and organizations.

§ 21-2-18 View from Street.

In premises in which the sale of alcoholic liquor for consumption upon the premises is licensed (other than a restaurant, hotel or club), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises or inside such premises which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no screen, partition, or other obstruction or any arrangement of light or lighting shall be permitted in or about the interior of such premises which shall prevent a full view of the interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continually lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any of such licensed premises required by the foregoing provisions shall be willfully obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this section, the Mayor shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as above required.

§ 21-2-19 Minors.

No person under the age of 21 years shall purchase or obtain any alcoholic liquor in any tavern, retail liquor store, or other place in the Village where alcoholic liquor is sold.

No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any tavern, retail store or other place where alcoholic liquor is sold in the Village.

Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession.

If a licensee or his or her agents or employees believes, or has reasons to believe, that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.

No licensee or his or her agents or employees shall sell, give or deliver any type of alcoholic liquor or beverage to any person under the age of 21 years, or to any intoxicated person or to any person known by him to be an habitual drunkard, spendthrift, insane, mentally ill, or mentally deficient or in need of mental treatment.

Every such tavern, retail liquor store, or other place in the Village where any alcoholic liquor is sold for beverage purposes shall display at all times, in a prominent place, a printed card to be issued by the Village Clerk; which said card shall read as follows:

WARNING TO PERSONS UNDER 21 YEARS

You are subject to a fine up to $500 under the Municipal Code of Brownstown if you purchase any alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining the same.

§ 21-2-20 Service by Persons Under Eighteen Years of Age.

No person under the age of 18 years shall carry, deliver, or service alcoholic liquor in any place where alcoholic liquor is sold pursuant to a license issued by the Village.

§ 21-2-21 Unlawful Acts.

It shall be unlawful for any person to do or commit any of the following acts within the Village, to wit: drink any alcoholic liquor on any public street, alley, sidewalk, park or other public way, unless upon premises then subject to a duly issued liquor license.

§ 21-2-22 Hours of Admission; Closing; Sale and Consumption.

It shall be a violation of this chapter by the licensee to sell, offer for sale at retail or give away alcoholic liquor between the hours of 12:00 midnight and 8:00 a.m. on Monday, Tuesday, Wednesday, Thursday, and Friday, and between the hours of 1:00 a.m. and 8:00 a.m. on Saturday, and between the hours of 1:00 a.m. and 12:00 noon and 9:00 p.m. and 12:00 midnight on Sunday, within any premises licensed under this chapter.

It shall be a violation of this chapter by the licensee to admit the public into any premises licensed under this chapter during the hours within which the sale of alcoholic liquors is prohibited by this chapter. This subsection shall not apply to premises licensed holding Class "A" and "C" licenses.

It shall be a violation of this chapter by the licensee for any person to consume alcoholic liquor within any premises licensed under this chapter on Saturday after 1:30 a.m. and before 8:00 a.m., and on Sunday after 1:30 a.m. and before 12:00 noon, and after 9:30 p.m. and between the hours of 12:00 midnight and 8:00 a.m. on Monday, and between the hours of 12:30 a.m. and 8:00 a.m. on all days other than Saturday, Sunday and Monday.

It shall be a violation of this chapter by the licensee for any person not the licensee, the spouse of the licensee, or the employees of the licensee to be or remain in any premises licensed under this chapter, except workers or others present under emergency circumstances, between 12:00 midnight and 8:00 a.m. on Monday, between 12:30 a.m. and 8:00 a.m. on Tuesday, Wednesday, Thursday and Friday, after 1:30 a.m. and before 8:00 a.m. on Saturday, and 1:30 a.m. Sunday until 12:00 noon Sunday, and 9:30 p.m. Sunday. This Subsection (D) shall not apply to premises holding Class "A" and "C" licenses.

Time used in this chapter shall be the time generally adopted by the federal government which shall be Central standard time and Central daylight saving time.