[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.
[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.
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.
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.
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; 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]
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.
[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.