[Ord. 1978]
This chapter shall be liberally construed to the end that the health, safety and welfare of the residents of the Village shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by sound and careful control and regulation of the sale and distribution of alcoholic liquors.
[Ord. 1978]
Unless the context otherwise requires, all terms, words and phrases used in this chapter shall be construed according to the definitions contained in the Illinois Liquor Control Act.[1]
[1]
Editor's Note: See 235 ILCS 5/1-3 et seq.
[Ord. 1978; amended 8-20-1979; 2-4-1991; 8-15-1994; 7-17-1995; 1-2-1996; 5-7-1999; 1-2-2007; 7-6-2009(3); 1-18-2011; 10-15-2012(1); 9-16-2013]
A. 
Required. It shall be unlawful to sell or offer for sale at retail or to sell in the Village, any alcoholic liquor without first having obtained for the current fiscal year a Village retail liquor license, in addition to a state license, for each place, location or premises where the retailer is located. It shall be unlawful to violate the terms and conditions of any such license or to violate any of the provisions of this chapter or any of the provisions of the Illinois Liquor Act.[1]
[1]
Editor's Note: See 235 ILCS 5/1-2 et seq.
B. 
Application. Applications for licenses to sell alcoholic liquors shall be made in writing to the President of the Board of Trustees, signed by the applicant, if an individual; or signed by at least two members of a partnership if a partnership; or signed by the president and secretary thereof, if a firm, association, club or corporation, verified by oath or affidavit and shall state:
1. 
The name, age and address of the applicant in the case of an individual or of persons entitled to share in the profits in the case of copartnership; in the case of a club or corporation, the name, date of incorporation, the address, the objects for which it was organized, the names and addresses of the officers and directors, the names and addresses of all stockholders of a corporation and the proportion of stock held by each, and the names and addresses of all members of a club. Also, whether the applicants have had a name change or have been known by any other name or alias.
2. 
Whether the applicant is a United States citizen, by birth or naturalization, or a legal resident.
3. 
The character of the business or operation with which the desired license is to be used and the class of license for which application is made.
4. 
The length of time that the applicant has been in that business or operation and the date at which that business or operation was started in the Village; and, 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 the desired license.
6. 
A statement whether applicant has ever made application for license to retail alcoholic liquor on premises other than described in this application and the disposition of such application.
7. 
A statement that 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, other ordinances of the Village or laws of this state.
8. 
Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked and the reasons therefor.
9. 
The date of incorporation if an Illinois corporation, or the date of becoming qualified under the Illinois Business Corporation Act to transact business in Illinois if a foreign corporation.[2]
[2]
Editor's Note: See 805 ILCS 5/1.01.
10. 
A statement that the applicant is familiar with the laws of the United States and of the State of Illinois and of this Village, as they relate to retailers of alcoholic liquors and that neither applicant nor his principals have ever violated these laws and that the applicant will not violate nor permit his employees or agents to violate any of the laws of the United States or of the State of Illinois or the ordinances of this Village in the conduct of his business.
11. 
That he has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days as provided in the Illinois Liquor Control Act). In addition to the foregoing information, the application shall contain such other and further information as the Local Liquor Control Commissioner may prescribe by rule or regulation not inconsistent with law.
C. 
Number of licenses. The total number of licenses to be issued under this chapter shall not exceed the following:
[Amended 9-16-2016; 6-7-2021; 8-2-2021]
Class
Number of Licenses
Class 1
2
Class 2
2
Class 3
1
Class 4
0
Class 5
1
Class 6
2
Class 7
0
Class 8
1
D. 
Duration, Classification, Validity. For the purposes of this chapter, the licensing period shall commence on July 1 and expire on December 31; and January 1 and expire on June 30 of each year. All licenses shall terminate on June 30 and December 31, unless sooner revoked or suspended. All licenses shall state thereon the class of license, address and description of the premises for which the license was granted, and the date of issuance and expiration. No license shall be valid unless the proper fee, as provided in § 5-2A-4, has been paid and renewal application form completed.
E. 
Conditions. A license for the retail sale of alcoholic beverages shall be purely a personal privilege, subject to revocation and shall not constitute property; nor shall it be subject to attachment, garnishment or execution; nor shall it be alienable, transferable or assignable, voluntarily or involuntarily; nor subject to being encumbered or hypothecated. Such license shall not descent by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided that executors or administrators of the estate of any deceased licensee and the trustee of insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and 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.
F. 
Renewal.
1. 
Any licensee may renew his license to sell alcoholic beverages at retail at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purposes; and, provided further, that the renewal privilege shall not be construed as a vested right which shall in any case prevent the Board from decreasing the number of licenses to be issued within its jurisdiction.
2. 
An application for renewal shall not be construed as such unless made prior to the expiration of the licensing year, i.e., June 30 and unless submitted with the appropriate licensing fee. The renewal fee shall be the fee, payable as provided in § 5-2A-4 of this chapter.
G. 
Persons Ineligible. No Village retail liquor license shall be issued by the Local Liquor Control Commissioner to the following applicants:
1. 
A person who is not a resident of the Village.
2. 
A person who is not of good character and reputation in the community in which he resides.
3. 
A person who is not a citizen or legal resident of the United States.
4. 
A person who has been convicted of a felony under the laws of the state or any other state.
5. 
A person who has been convicted of being the keeper or is keeping a house of ill fame.
6. 
A person who has been convicted of pandering or other crime of misdemeanor opposed to decency and morality.
7. 
A person whose license issued under this chapter has been revoked for cause.
8. 
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.
9. 
A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license.
10. 
A corporation, if any 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 political subdivision.
11. 
A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in Illinois.[3]
[3]
Editor's Note: See 235 ILCS 5/6-2.
12. 
In addition to paragraph 10 herein, no license shall be issued by the Local Liquor Control Commissioner to the following applicants:
a. 
A copartnership unless one of the members of the copartnership is a resident of the Village;
b. 
A corporation, unless said corporation has a registered agent or a manager who resides in the Village.
13. 
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.
14. 
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 date of the Liquor Control Act, or shall have forfeited his bond to appear in court to answer charges for any such violation.
15. 
A person who does not 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.
16. 
The President of the Village Board of Trustees, any member of the Village Board of Trustees and all other Village officers, and no such official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor.
17. 
A person who is not a beneficial owner of the business to be operated by the licensee.
18. 
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.
19. 
A copartnership to which a federal gaming device stamp or 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.
20. 
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 gaming device stamp or a federal wagering stamp for the current tax period.
21. 
Any premises for which a federal gaming device stamp or federal wagering stamp has been issued by the federal government for the current tax period.
H. 
Change in Location. A Village retail alcoholic liquor license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Only one location shall be described in each license. Such location, upon application by a licensee, may be changed only upon the written endorsement by the Local Liquor Control Commissioner upon said license granting permission to abandon the premises thereon described and to remove the license to other premises approved and described in the endorsement. No change of location shall be permitted unless the proposed location is a proper one for the retail sale of alcoholic liquor under state law, this chapter and the ordinances of the Village.
I. 
Sale Restricted in Certain Areas.
1. 
No license shall be issued for the sale at retail of any alcoholic liquor within any area zoned for residential or for industrial use; provided that this prohibition shall not prevent the renewal of a license issued prior to the effective date hereof for the premises so located.
2. 
No license shall be issued for the sale at retail of any alcoholic liquor in premises the location of which would violate any of the provisions of the Illinois Liquor Control law.
J. 
Display of License. Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises.
K. 
Revocation or Suspension. The Local Liquor Control Commissioner may revoke or suspend any license issued by him, if he determines that the licensee has violated any provision of this chapter, or any provision of applicable Village ordinances, or any provision of the Illinois Liquor Control Act, or any applicable rule or regulation established by the Local Liquor Control Commissioner or the State Commission which is not inconsistent with law.
L. 
Use of Premises After Revocation. When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the manufacture or distribution of alcoholic liquor on the premises described in such revoked license.
M. 
Exceptions. The requirements of this section are not applicable to physicians, dentists, pharmacists, hospitals or other institutions caring for the sick and diseased or churches when those persons or institutions possess or dispense alcoholic liquor in accordance with the provisions of 235 ILCS 5/2-1.
[Ord. 1978; amended 12-7-2015]
A. 
Licenses issued by the local Liquor Control Commissioner permitting the sale at retail of alcoholic liquor in the Village shall be of the following classes:
1. 
Class 1. A Class 1 license shall authorize the sale at retail, for on-premises consumption only, of alocoholic liquor on the specified premises, only as an incident to a restaurant business which is regularly licensed and operated as the business in chief or principal business of the owner. The fee for such license shall be $500 payable on July 1 and $500 payable on January 1 of each year.
2. 
Class 2. A Class 2 license shall authorize the sale at retail and consumption of alcoholic liquor on the specified premises. The fee for such license shall be $400 payable on July 1 and $400 payable on January 1 of each year.
3. 
Class 3. A Class 3 license shall authorize the sale at retail of alcoholic liquor on the specified premises but shall not permit consumption thereon or adjacent thereto. The fee for such license shall to be $250 payable on July 1 and $250 payable on January 1 of each year.
4. 
Class 4. A Class 4 license shall authorize the sale at retail and consumption of alcoholic liquor on the specified premises, only as an incident to a restaurant business, other than the sale of alcoholic liquor, which is regularly licensed and operated as the business in chief or principal business of the owner. The fee for such license shall be $650 payable on July 1 and $650 payable on January 1 of each year.
5. 
Class 5. A Class 5 license shall authorize the sale at retail of alcoholic liquor to be consumed within the established location of a club by the members thereof. The annual fee for such license shall be $200 payable on July 1 and $200 payable on January 1 of each year.
6. 
Class 6. A Class 6 license shall authorize the sale at retail of beer and wine off premises, only as incident to a convenience store and gas station business which is regularly licensed and operated as the business in chief or principal business of the owner. The fee for such license shall be $250 payable on July 1 and $250 payable on January 1 of each year.
7. 
Wine, beer and spirits sampling and tasting.
a. 
Any Class 3 licensed retail location may conduct wine, beer or spirits sampling or tasting for its bona fide customers upon application to the local Liquor Commissioner for a wine/beer/spirits sampling license. A wine, beer or spirits sampling license shall authorize the holder to give or sell to bona fide customers up to 12 ounces of wine a day, up to 12 ounces of beer a day, or up to 0.75 ounce of spirits a day. Product sampling shall be conducted in a secure area of the licensed location or directly adjacent to the licensed location.
b. 
The fee for a wine/beer/spirits sampling license shall be $200 payable on July 1 and $200 payable on January 1 of each year.
B. 
Payments of fees. All license fees required by this chapter shall be paid to the President, as local Liquor Control Commissioner, or to such other person as may be designated. Upon such payment, the license fees shall be promptly turned over to the Village Treasurer for deposit in the Corporate Fund. New licenses issued on or after January 1 shall require payment of only half the annual license fee. There shall be no refund of any fee paid for any unused portion of the license period.
[Ord. 1978]
A. 
Visibility Unobstructed.
1. 
In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than as a restaurant, hotel, club or any bowling alley other than one situated on the first or ground floor), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor 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 booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such licensed premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk, and said premises must be so located that there shall be a full view of the entire interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously 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.
2. 
In case the view into any such licensed premises required by the foregoing provision shall be wilfully obscured by the licensee or by him skillfully suffered to be 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 Local Liquor Control Commissioner shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as herein provided.
B. 
Sanitary Premises Required. All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition in full compliance with the sections of this Code or Village ordinances regulating the condition of premises used for the storage or sale of food for human consumption.
C. 
Maintenance. Every person licensed to sell alcoholic beverages at retail who shall sell any alcoholic liquor for consumption on the premises of such licensee shall keep and maintain the licensed premises equipped with running hot and cold water and adequate sanitary washing facilities for the cleansing of glasses and service utensils, and shall provide adequate toilet facilities.
D. 
Employees. It shall be 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 or venereal diseases; and, it shall be unlawful for any person who is affected 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. All employees, including bartenders, must be persons of good character and reputation in the community in which that person resides.
E. 
Closing Hours.
1. 
It shall be unlawful for any holder of a license under this chapter, except for Class 5, to sell or offer for sale at retail, any alcoholic liquor on Mondays, Tuesdays, Wednesdays, Thursdays or Fridays, after the hour of 1:00 a.m. and before the hour of 6:00 a.m.
2. 
It shall be unlawful for the holder of any such license, except for Class 5, to sell or offer for sale at retail, any alcoholic liquor on Saturdays and Sundays after the hour of 2:00 a.m. and before the hour of 6:00 a.m.
3. 
It shall be unlawful for any holder of a Class 5 license under this chapter to sell or offer for sale at retail any alcoholic liquor on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays after the hour of 3:00 a.m. and before 6:00 a.m. and after the hour of 3:00 a.m. and before 6:00 a.m. on Sundays.
F. 
Persons Allowed to Remain After Closing.
1. 
No person other than authorized employees of the licensee shall be permitted to remain on the premises after the designated closing hour, however, this shall not be construed to prohibit clubs from admitting members nor restaurants from admitting the public; provided, that the right to remain open for other activities shall not be deemed a right to sell, permit to be sold, or to give away alcoholic liquor during restricted hours.
2. 
No patron or customer shall be served liquor within 1/2 hour prior to closing time and the licensed premises shall be clear of all customers and patrons at closing time.
[Ord. 1978; amended 10-15-2012(2)]
A. 
Gifts to Officials. The Local Commissioner, his agent or agents, any members of a committee appointed by him to assist in local control, any member of the Board of Trustees, and any police officer, are prohibited from soliciting or accepting any gift, gratuity or emolument from any licensee and every licensee or employee, agent or officer of such licensee is prohibited from offering or making any such gift, gratuity or emolument to any person prohibited from accepting any such gift, gratuity or emolument. The Local Commissioner, his agent or agents, any members of a committee appointed by him to assist in local control, and any police officer, are prohibited from soliciting or accepting any gift, gratuity, emolument or employment from any licensee and every licensee or employee, agent or officer of such licensee is prohibited from offering or making any such gift, gratuity or emolument.
B. 
Removal of Liquor from Premises. It shall be unlawful for any person to remove any alcoholic liquor in any container of any kind from a premises licensed solely to sell alcoholic liquor for consumption on the premises; provided, however, that a Class 5 licensee may permit the rental of its premises for private, social functions, such as weddings and similar private social functions; and, provided further, that alcoholic liquor which has been purchased elsewhere than from the Class 5 licensee for consumption at such social functions may be removed from the premises.
C. 
Possession in Motor Vehicles. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle, except in the original package and with the seal unbroken.
[Ord. 1978]
A. 
Sales. It shall be unlawful for any licensee, officer, associate, member, representative, agent or employee to sell, give away or deliver any beer, wine or other alcoholic liquor to anyone under the age of 21 years of age or to any person known by him or her to be under legal disability or in need of medical mental treatment.
B. 
Employment.
1. 
It shall be unlawful for any such person to engage or employ or permit any person under the age of 18 years to work or to entertain, or to act as host or hostess in or upon the licensed premises where the principal business is the sale of alcoholic liquor for premises consumption, while such premises are open for the sale of alcoholic liquor at retail.
2. 
Any person under the age of 18 years engaged or employed or permitted to work in or upon the licensed premises where the sale of alcoholic liquor is not the main or principal business may not work as an entertainer, host or hostess or in connection with the handling, serving or delivering of alcoholic liquor.
C. 
Purchase Prohibited, Penalty.
1. 
Purchase Prohibited. It shall be unlawful for anyone under the age of 21 years to purchase, attempt to purchase, or accept a gift of, alcoholic beverages or have alcoholic beverages in his possession. It shall be unlawful for any person or patron to purchase or attempt to purchase or give away any alcoholic liquor to any person under the age of 21 years with the exception that the foregoing does not apply to the purchase or attempt to purchase or give away beer and/or wine to any person over the age of 21 years.
2. 
Identification Demand. If a licensee or his agents or employees believes that a sale or delivery of alcoholic beverage is prohibited because of the age of the prospective recipient, he 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 official duties.
3. 
Illegal Identification. No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card.
4. 
Penalty. Whoever violates any provisions of this subsection shall be punished by a fine of not less than $75 nor more than $150 for each such offense.
[Ord. 1978]
A. 
Complaint. Any five residents of the Village shall have the right to file a complaint with the Local Liquor Control Commissioner stating that any retail licensee has been or is violating the provisions of this chapter or of the Illinois Liquor Control Act. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provisions believed to have been violated and the facts in detail upon which the belief is based. If the Local Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is a reasonable cause for such belief, he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particulars charged in the complaint.
B. 
Conviction, Forfeiture of License. Whenever any Village licensee shall have been convicted by any court of a wilful violation of any of the provisions of this chapter, or any of the provisions of the Illinois Liquor Control Act, he shall, in addition to the penalties for such offenses, incur a forfeiture of his liquor license and all monies that have been paid therefor; the Local Liquor Control Commissioner shall thereupon revoke his license.
C. 
Responsibility of Owner of Premises. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, or of the applicable provisions of the Illinois Liquor Control Act, said owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as said licensee and shall be subject to the same penalties.
D. 
Acts of Agent or Employee. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter or of the Illinois Liquor Control Act by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such employer or licensee and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally.
[Ord. 1978]
A. 
Any person violating any provision of this chapter shall be fined not less than $75 nor more than $500 for such offense; and, a separate offense shall be deemed committed for each day during or on which a violation occurs.
B. 
Any false statement made in an application for license or renewal of license shall be deemed a violation, and a separate offense shall be deemed committed for every day of use of a license obtained under an application that contains any false statement.
[Ord. 1978]
There is hereby created the office of Local Liquor Control Commissioner who shall be the President of the Board of Trustees. The Local Liquor Control Commissioner shall be charged with the administration of the provisions of this chapter and of the appropriate provisions of the Illinois Liquor Control Act.[1]
[1]
Editor's Note: See 235 ILCS 5/1-3 et seq.
[Ord. 1978]
The Local Liquor Control Commissioner shall, in addition to the powers and duties as provided by Statute and Village ordinance, have the following powers, functions and duties:
A. 
To grant and/or suspend for not more than 30 days or revoke for cause, all local licenses issued to persons for premises within the Village.
B. 
To enter or to authorize any law-enforcing officer to enter at any time upon the premises licensed under this chapter to determine whether any of the provisions of this chapter or of the Liquor Control Act of the state or any of the rules or regulations adopted by the State Commission have been or are being violated, and at such times to examine said premises of said licensee in connection therewith.
C. 
To receive complaints from any citizen of the Village that any provisions of this chapter or the Liquor Control Act have been or are being violated and to act upon such complaints in the manner provided by law.
D. 
To receive or cause to be received all local license fees and pay same forthwith to the Village Treasurer.
E. 
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 in the manner provided by law, 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 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, all as provided by 235 ILCS 5/4-5.
[Ord. 1978]
The Local Liquor Control Commissioner shall receive such compensation as may be provided from time to time by ordinance enacted by the President and Board of Trustees.
[Ord. 1978]
The President, as Local Liquor Control Commissioner, shall keep or cause to be kept, a complete record of all licenses for the retail sale of alcoholic beverages issued by him; and shall furnish the Clerk, Treasurer and Chief of Police, each, with a copy thereof. Upon the issuance of any new license or the revocation of any old license, the President shall give written notice of such action to each of these officers within 48 hours of such action.