Unless the context otherwise requires,
the following terms as used in this article shall be construed according
to the definition given below.
The product of distillation of any fermented liquor, whether
rectified or diluted, whatever may be the origin thereof, and includes
synthetic ethyl alcohol. It does not include denatured alcohol or
wood alcohol.
[Ord. No. 2004-2]
Any spirits, wine, beer, ale or other liquid containing more
than 1/2 of 1% of alcohol by volume, which is fit for beverage purposes.
[Ord. No. 2004-2]
A beverage obtained by the alcoholic fermentation of an infusion
or concoction of barley or other grain, malt and hops in water, and
includes among other things, beer, ale, stout, lager beer, porter
and the like.
[Ord. No. 2004-2]
The service of alcoholic liquors for consumption, either
on-site or off-site, whether the location is licensed or unlicensed,
as an incidental part of food service. Prepared meals and alcoholic
liquors are sold at a package price agreed upon under contract.
[Added 10-23-2023 by Ord.
No. 2023-107]
[Ord. No. 2004-2; amended 10-23-2023 by Ord. No.
2023-107]
A change in the form of ownership,
e.g., from an individual or partnership or to an entity or from a
partnership to an individual;
A change from an individual to a
partnership or a change in a partnership such as the addition or deletion
of any partner; or
In an entity, the transfer of over
5% of the stock thereof except for entities listed on a national stock
exchange in which event the transfer of a controlling interest or
over 50% of the stock thereof.
[Ord. No. 2004-2; amended 10-23-2023 by Ord. No.
2023-107]
A patriotic or veterans' society
organized under the laws of the United States or the State of Illinois;
and
An entity organized under the laws
of the United States or the State of Illinois but not pecuniary profit,
solely for the promotion of some common object other than the sale
or consumption of alcoholic liquors kept, used and maintained by its
members through the payment of annual dues and owning, hiring or leasing
a building or space in a building of such extent and character as
may be suitable and adequate for the reasonable and comfortable use
and accommodation of its members and their guests and provided with
suitable and adequate kitchen and dining room space and equipment
and maintaining a sufficient number of servants and employees for
cooking, preparing and serving food and meals for its members and
guests; provided that such club files with the Mayor at the time of
its application for a license under this Ordinance two copies of a
list of names and residences of its members and similarly files within
10 days of the election of any additional member, their name and address;
and provided further, that its affairs and management are conducted
by a Board of Directors, Executive Committee, or similar body chosen
by the members at their annual meeting and that no member or any officer,
agent, or employee of the club is paid, or directly or indirectly
receives in the form of salary or other compensation any profits from
the distribution or sale of alcoholic liquor to the club or the members
of the club or its guests introduced by members beyond the amount
of such salary as may be fixed and voted at any annual meeting by
the members or by its Board of Directors or other governing body out
of the general revenue of the club and which:
Is affiliated with a national club
or organization and/or clubs or organizations in all 50 states; or
Maintains eating, golf and swimming
facilities on club premises for the use of members and their guests;
or
Was chartered as a not-for-profit
entity prior to December 5, 1933 and regularly and routinely restricts
admittance to the premises to members of the club and their guests.
An organization (such as a business or governmental unit)
that has an identity separate from those of its members. Includes,
but is not limited to, corporations, not-for-profit corporations,
limited partnerships, limited-liability companies, or limited-liability
partnerships.
[Added 10-23-2023 by Ord.
No. 2023-107]
The building, structure, premises and/or patio included in
the site or floor plan approved for the primary liquor license.
[Added 10-23-2023 by Ord.
No. 2023-107]
Authorization to sell or serve liquor at an on-premises event
outside of the standard operating establishment.
[Added 10-23-2023 by Ord.
No. 2023-107]
Any alcoholic beverage obtained by the fermentation of the
natural contents of fruits or vegetables, containing sugar, when fortified
by the addition of alcohol or spirits, as above defined.
[Ord. No. 2004-2]
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where food is
actually served and consumed and sleeping accommodations are offered
for adequate pay to travelers and guests, whether transient, permanent
or residential, in which 25 or more rooms are used for sleeping accommodations
of such guests and having one or more public dining rooms where meals
are served to such guests, such sleeping accommodations and dining
rooms being conducted in the same building or buildings in connection
therewith and such building or buildings, structure or structures
being provided with adequate and sanitary kitchen and dining room
equipment and capacity.
[Ord. No. 2004-2]
Any metal, wooden, plastic, paper or other container designed
to hold four or more gallons of liquid and actually containing, any
amount of alcoholic liquor.
[Ord. No. 2009-49]
The individual or organized licensee or license holder and
any officer, associate, member, representative, agent or employee
of a licensee or license holder.
[Ord. No. 2004-2]
A bottle, flask, jug, can, barrel, keg or other receptacle
or container whatsoever used, corked, or capped, sealed and labeled
by the manufacturer of alcoholic liquor to contain and to convey any
alcoholic liquor, except a bottle or can containing 12 ounces or less
of beer shall not be considered an original package unless grouped
or fastened in a receptacle containing no less than six such bottles
or cans.
[Ord. No. 2004-2]
Any person living in the City for a period of not less than
one calendar year.
[Ord. No. 2004-2]
Any place kept, used, maintained, advertised and held out
to the public as a place where at least five of the following seven
categories of products can be purchased at retail: dairy products,
baked goods, frozen foods, groceries, snack foods, health and beauty
aids, and where a maximum of 15% of the total public selling space
is devoted to the display of alcoholic beverages offered for sale.
"Public selling space" includes all of the area between the floor
and ceiling of the premises which is open, accessible, and/or visible
to members of the general public, including the interior of any cooler
or other refrigeration units or storage cases accessible and/or visible
to the general public and any area with restricted public access,
such as the area behind sales counters, from which sales are made
to members of the general public.
[Ord. No. 2004-2]
The sale for use or consumption and not for resale.
[Ord. No. 2004-2]
Any transfer or exchange in any manner or by any means whatsoever
for a consideration, and includes and means all sales made by any
person, whether as principal, proprietor, agent, servant, or employee,
and includes, but is not limited to, all of the following acts when
done for consideration:
The selling of liquor;
The giving away of liquor;
The dispensing of liquor;
The providing of mix, ice, water
or glasses for the purpose of mixing drinks containing alcoholic liquor
for consumption on the same premises;
The pouring of liquor;
The providing of "setups" containing
alcoholic liquor;
The storage of any alcoholic beverage.[1]
[Ord. No. 2004-2]
An original package that contains 40 ounces or less of alcoholic
liquor.
[Ord. No. 2004-2]
Any beverage which contains alcohol obtained by distillation,
mixed with water or other substance in solution and includes brandy,
rum, whiskey, gin or other spirituous liquors, and such liquors when
rectified, blended or otherwise mixed with alcohol or other substances.
[Ord. No. 2004-2]
Includes to keep or expose for sale and to keep with intent
to sell.
[Ord. No. 2004-2]
Any alcoholic beverage obtained by the fermentation of the
natural contents of fruits or vegetables containing sugar, excluding
such beverages when fortified by the addition of alcohol or spirits,
as above defined.
[Ord. No. 2004-2]
A theater, opera house, performing arts center, auditorium,
concert/music hall, event/banquet hall, pool hall, sports arena/stadium,
arcade/gaming center, miniature golf course, amusement park, skating
rink, bowling alley, shooting gallery, challenge park, virtual reality
facility, salon, boutique, places with permanent stages, or places
with dance floors larger than 99 square feet.
[Added 10-23-2023 by Ord.
No. 2023-107; amended 12-11-2023 by Ord. No. 2023-112]
A supervised presentation of beer, wine or spirits products
to the public, offered free of charge or for a fee, in which small
quantities of beer, wine or spirits are served for consumption on
the premises as a sample of the product being sold by the license
holder and which meets the following conditions:
Samples of beer are offered in amounts
of two ounces or less, samples of wine are offered in amounts of one
ounce or less and samples of spirits are offered in amounts of 1/2
ounce or less.
A maximum of two tastings may be
conducted during any week.
Each tasting shall have a maximum
duration of four hours.
[Ord. No. 2012-16]
No tasting shall take place after
9:00 p.m.
All samples shall be poured by the
licensee, an employee of licensee or a licensed Registered Tasting
Representative.
No tastings shall occur at premises
of license holders with a GPB or GPA license.
[Ord. No. 2011-02]
[1]
Editor's Note: The definition of "setup establishment," Ord. No. 2004-2, which immediately followed
this definition, was repealed 10-23-2023 by Ord. No. 2023-107.
A.
It shall be illegal for any person either by themselves or their agent or any person acting as an agent, barkeeper, Clerk or servant of another person or legal entity, to sell or offer for sale at retail any alcoholic beverage or to engage in any sale as defined in § 6-101 of this chapter or for compensation to cater parties or other gatherings of persons without the person or their principal first having obtained a license to do so as provided in this chapter.
[Ord. No. 1983-109; amended 10-23-2023 by Ord. No. 2023-107]
C.
It shall be illegal for any liquor license holder to engage in any activity specified in Subsection A above if there has been a change of ownership as defined in § 6-101 of this chapter without having first obtained a license for the new ownership to do so or approval of the new ownership as required by this chapter. Prior to when a change of ownership occurs, the existing license holder and the proposed new owner(s) shall both have the responsibility of applying in writing for approval of the new entity or organization as a liquor license holder in the City of Bloomington. The failure to apply and obtain the necessary approval as indicated is a violation of this Ordinance which can result in penalties being assessed against all involved persons pursuant to § 6-142 and/or 6-151 of this Code. With respect to existing license holders involved in such activity, any license in which they may have any interest may be suspended or revoked in the same manner as though it were directly involved in the violation involved in this matter.
[Ord. No. 1983-105; amended 10-23-2023 by Ord. No. 2023-107]
D.
The Liquor Commissioner may approve or reject changes in the form of ownership, such as an individual or partnership incorporating or deletion of a partner or shareholder. The Liquor Commissioner shall have the option of approving or rejecting changes of ownership as defined in Subsections B and C of the definition of "change of ownership" in § 6-101 or of submitting the requested change to the City Council with a recommendation to approve or disapprove licensing the changed ownership. At the discretion of the Liquor Commissioner, the recommendation may be developed with or without a public hearing and with or without notice being mailed to all residents within 500 feet of the establishment and published notice shall not be necessary. At the discretion of the Liquor Commissioner, persons having an ownership interest in a liquor establishment after a change of ownership may be required to file a new application for a liquor license to be evaluated and considered in the same manner as all such applications are processed. Every request for approval of any change of ownership must be in writing as specified by the Liquor Commissioner and must fully explain the change.
[Ord. No. 1983-105; amended 10-23-2023 by Ord. No. 2023-107]
E.
Each contract for the sale of all or part
of a business for which the sale of alcoholic beverages is significant
should be made contingent upon the City Council creating licenses
for the new owner(s) or the change of licensed ownership otherwise
being approved. When all other aspects of the sale or change of licensed
ownership of a business may be completed before the liquor license
application of the buyer(s) or new licensed ownership entity will
be considered by the City Council, the Mayor, in writing, may extend
the license(s) of the seller(s) to the buyer(s) for a period not to
exceed 45 days or until the date of the Council Meeting at which the
application will be considered, whichever occurs first, subject to
the following conditions:
[Ord. No. 1985-2; amended 10-23-2023 by Ord. No.
2023-107]
[Ord. No. 1998-87; Ord. No. 2018-89; amended 10-23-2023 by Ord. No.
2023-107]
Applications for creation of liquor
licenses shall be made to the Mayor upon forms prepared and furnished
by the City Clerk. Each application shall be signed and verified by
the oath or affirmation of an authorized agent, officer or managing
member. The information recited in the application form must be verified
by each person signing the application. Such application shall be
submitted and filed with the City Clerk after payment to the City
of an application fee as set forth in the Schedule of Fees. Each application
shall contain the following information and statements:
A.
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 an entity for profit or club, the 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
entity is owned by one person or their nominees, the name and address
of such person;
B.
The citizenship of the applicant, their
place of birth, and if a naturalized citizen, the time and place of
their naturalization;
C.
The character of the business of the applicant,
and in the case of an entity, the objects for which it was formed;
D.
The length of time that said applicant
has been in business of that character or in the case of an entity,
the date on which its charter was issued;
E.
The location and description of the premises
and place of business which is to be operated under such license;
and whether or not the proposed location is within 100 feet of any
church, hospital, home for aged, or indigent persons, or for war veterans,
their spouses or children;
F.
A statement whether the applicant has made
a similar application for a similar license on premises other than
described in this application and the disposition of such application;
G.
Whether food for human consumption is to
be sold in such place of business if application is allowed;
H.
Whether the applicant is the owner of the
premises for which a license is sought and if they are not, the name
of the landlord and the terms of the lease;
I.
Whether or not the applicant has ever been
convicted of being the owner or an inmate of a house of ill fame or
pandering or any other crime or misdemeanor opposed to decency and
morality;
J.
A statement that they are not at the time
of making the application connected with the house of ill fame;
K.
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 this City, other than minor traffic
violations;
L.
Whether a previous license by any state
or subdivision thereof or by the federal government has been revoked
and reasons therefor;
M.
A statement that the applicant will not
violate any of the laws of the State of Illinois or of the United
States or any Ordinance of the City in the conduct of their place
of business;
N.
A statement that the applicant will testify
under oath to all competent, relevant, and material questions propounded
to them in any hearing conducted by the local liquor commission, either
before or after the issuance of a license to them and that their failure
to testify shall be sufficient reason for the refusal to issue any
such license to them or for the suspension or revocation of any license
which has been issued to them;
O.
Responses to all questions asked of the
applicant on forms sent by the City to the applicant.
[Amended 10-23-2023 by Ord. No. 2023-107]
No such license shall be issued to:
A.
A person not of legal age or under any
legal disability;
B.
A person who is not a resident of McLean
County, unless the general manager of the establishment resides in
McLean County;
C.
A person who is not of good character with
a good reputation in the community in which they reside;
D.
A person who has been convicted of a felony
under the laws of the State of Illinois or any other state or the
United States, unless the Commissioner determines, after investigation,
that such person has been sufficiently rehabilitated to warrant the
public trust;
E.
A person who has been convicted of being
the keeper of or is keeping a house of ill fame;
F.
A person who has been convicted of pandering
or other crime or misdemeanor opposed to decency or morality;
G.
A person whose license issued under this
Ordinance has been revoked for cause;
H.
A person who at the time of application
for renewal of any license hereunder would not be eligible for such
license upon a first application;
I.
An entity, if any official, manager or
director thereof or any stockholder or stockholders owning in the
aggregate more than 5% of the stock of such entity, would not be eligible
to receive a license hereunder for any reason other than citizenship
or residence within the City;
J.
A person whose place of business is conducted
by a manager or agent unless said manager or agent possess the same
qualifications required of the licensee;
K.
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 shall have forfeited their bond to appear in court to answer charges
for any such violation;
L.
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;
M.
Any law enforcing public official, any
Mayor or Council member, and no such official shall be interested
in any way, either directly or indirectly, in the manufacture, sale
or distribution of alcoholic liquor;
N.
Any person, association or entity not eligible
for a state retail liquor dealer's license;
O.
Any person who fails to furnish or falsely
furnishes information or who fails to make or falsely makes statements
required in the application for license as set forth in this chapter.
[Ord. No. 2006-113]
A.
Notice.
(1)
Upon the filing of an application for creation
of a license, the Liquor Commissioner shall fix a time and place for
a hearing thereon before the Liquor Commission. Notice of the hearing
shall be given not less than seven days prior to the hearing:
(a)
By publication in a newspaper published
in the City, and
(b)
By delivery of a copy of the notice
to the properties or by mail to occupants of the properties which
abut the property for which a license is sought if a license issued
pursuant to this Code has been in effect for said premises within
six months of the date of the scheduled hearing or if the application
is for the creation of an LA or LB license regardless of whether a
license has been in effect for said premises within six months of
the scheduled hearing, unless a 500 feet notice is requested or required
as hereinafter provided.
(2)
At the request of any Liquor Commissioner
or member of the City Council or when an application is received:
for the first liquor license at a particular location, or if a liquor
establishment has been nonfunctional at a location for more than six
months prior to the date of the hearing, such notice shall be given
by delivery of a copy of the notice to the properties or by mail to
the occupants of the properties which are within 500 feet of the proposed
premises. Defects in the giving of such notices provided for in this
subsection shall not be grounds for challenge to any decision to issue
or not to issue a liquor license absent a showing of substantial prejudice
stemming from such defect.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
B.
The City Clerk, upon receipt of an application
for creation of a liquor license, shall send notice of such application
to the Economic & Community Development Department, and Police
Departments of the City, and McLean County Health Department. The
Economic & Community Development and Health Departments shall
inspect the premises sought to be licensed and report their findings
to the Liquor Commission; the Police Department shall investigate
the background including criminal history information of persons interested
in the application and report its findings to the Liquor Commission.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
C.
Hearing and evidence. The Liquor Commission shall receive and require such evidence as it may deem necessary to make findings based upon the standard and factual criteria outlined in § 6-106 of this chapter.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
D.
Report to Council. After conducting a hearing on an application for creation of a new license at which all interested persons have had an opportunity to speak, the Liquor Commission shall report its findings to the City Council along with a recommendation. The report shall relate its findings of fact to the factual criteria listed in § 6-106 of this chapter.
[Ord. No. 1992-102]
E.
The Liquor Commission shall not be required to conduct a hearing on applications for catering licenses (Class "W"), secondary premises licenses (Class "SA" and "SB"), or nonprofit licenses (Class "NPA" and "NPB"). The Mayor, on behalf of the Commission, or two members of the Liquor Commission, in the Mayor's absence, may grant such licenses with or without a hearing before the Commission and may issue an "SA," "SB," "NPA" or "NPB" license upon receipt of an application therefor and proof of adequate dram shop insurance. The City Clerk may issue catering licenses as provided in § 6-114 of this Code.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
A.
Standard for creation. The City Council
shall not create a new liquor license unless it has previously found
that the creation of such license is necessary for the public convenience
of residents of Bloomington and is in the best interest of the City
of Bloomington.
[Ord. No. 1981-18]
B.
Factual criteria. In deciding whether creation
of a new license is necessary, the City Council shall consider:
(1)
The class of liquor license applied for;
(2)
Whether most of the establishment's anticipated
gross revenue will be from sale of alcohol or other resources;
(3)
The character and nature of the proposed
establishment;
(4)
The general design, layout and contents
of the proposed establishment;
(5)
The location of the proposed establishment
and the probable impact of a liquor establishment at that location
upon the surrounding neighborhood or the City as a whole giving particular
consideration to;
[Ord. No. 2004-2]
(a)
The type of license(s) requested
in the application;
(b)
The nature of the proposed establishment;
(c)
The location of the building of the
proposed establishment in relation to any dwelling, church, school,
hospital, home for the aged, indigent or veteran's and their families,
or any military or naval station with particular emphasis on its entrances/exits,
windows and parking facilities;
[Amended 10-23-2023 by Ord. No. 2023-107]
(d)
The hours of operation of the proposed
establishment;
(e)
The effect of live entertainment
and/or amplified music in the proposed establishment upon persons
in the surrounding area, particularly with respect to any dwelling,
church, school, hospital, home for the aged, indigent or veteran's
and their families, or any military or naval station;
[Amended 10-23-2023 by Ord. No. 2023-107]
(f)
Signs and lights which are visible
from the exterior of the proposed establishment;
(g)
Whether a Sunday license is being
requested for the proposed establishment;
(h)
The extent to which other businesses
are licensed to sell alcoholic beverages at retail in the area under
consideration;
(i)
Whether and what types of alcohol
the applicant proposes to sell in single serving sizes for consumption
off of the premises.
(6)
The probable demand for the proposed liquor
establishment in the City;
(7)
The financial responsibility of the applicant;
(8)
Whether the applicant or (if the applicant
is a partnership or entity) whether any partner, officer or director
of the applicant has ever held a liquor license and their performance
as a licensee;
[Ord. No. 1977-69; amended 10-23-2023 by Ord. No. 2023-107]
(9)
Whether the applicant intends to furnish
live entertainment in the establishment, and if so, the nature of
such entertainment;
(10)
Whether the applicant intends to obtain an entertainment venue operator license pursuant to Chapter 7 of the Bloomington City Code;
[Amended 10-23-2023 by Ord. No. 2023-107]
(11)
Whether the proposed establishment
poses any problem to the Bloomington Police Department or Liquor Commissioner
in the enforcement of City Ordinance or State and Federal Law;
(12)
Whether a current City of Bloomington
liquor license has been issued for the premises sought to be licensed
in the application;
(13)
Whether the premises complies with
all pertinent health and safety codes applicable within the City of
Bloomington;
(14)
No license shall be created for,
or maintained by, an establishment whose primary or major focus is
video gaming. In determining whether an establishment's primary or
major focus is video gaming, the following factors may be considered:
(15)
The recommendation of the Liquor
Commission.
[Ord. No. 2013-13]
[Ord. No. 2004-2; amended 10-23-2023 by Ord. No. 2023-107]
If the City Council finds that any change in the applicant's plans is needed to give the City Council grounds for finding necessity for the creation of such license under § 6-106 above, the Council may make such change a condition of the creating of a license. Such conditions may include, but are not limited to (1) restricting the hours of sale; (2) adding exterior lighting; (3) erecting fencing; (4) patrolling the premises; (5) restricting the sale of single serving sizes of all types or a particular type of alcohol for consumption off of the premises; (6) requiring employee training; (7) establishing a minimum number of employees; (8) limiting the number and/or location of signs. The failure of the applicant at any time to adhere to or perform such condition shall be grounds for revocation of the applicant's license.
[Ord. No. 1981-18]
A.
Issuance of permits. Whenever an applicant
is not ready to begin immediate operation, their application shall
be considered as provided above. If the City Council approves their
application, it shall create a permit for license which shall entitle
the holder thereof to a liquor license when the holder is ready to
begin operations subject to the other requirements of this chapter.
[Amended 10-23-2023 by Ord. No. 2023-107]
B.
Duration. Permits for license shall expire
180 days from the date of creation or when exchanged for a license.
Permits may be renewed by the Liquor Commission for one period not
to exceed 180 days for good cause shown.
C.
Effect of creation of permit. A permit created pursuant to this § 6-108 shall entitle the holder thereof to a liquor license which shall be deemed created at the time the holder is ready to begin operations subject to the discretion of the Mayor as provided in Ill. Rev. Stat. Ch. 43, § 112[1] and § 6-142 of this chapter.
[1]
Editor's Note: See 235 ILCS 5/4-4.
[Ord. No. 2012-73; amended 10-23-2023 by Ord. No. 2023-107]
A.
Applications. Any licensee may apply for a change in license classification by filing said application with the City Clerk. The fee due upon the filing of said application shall be the same as the fee required for filing an application for creation of a new liquor license set forth in § 6-103 of this chapter. The Mayor, upon receipt of an application, shall schedule a hearing thereon before the Liquor Commission. Notice of the hearing shall be given not less than seven days prior to the hearing:
(1)
By publication in a newspaper published
in the City; and
(2)
By mailing notice to occupants of the properties
which are located within 500 feet of the proposed premises. Defects
in the giving of such notices provided for in this subsection shall
not be grounds for challenge to any decision to issue or not to issue
a change in license classification absent a showing of substantial
prejudice stemming from such defects. The Clerk shall send notice
of such application to the Economic & Community Development Department
and the Police Department of the City and the McLean County Health
Department. These departments shall determine whether the change in
classification or use of the premises requires additional inspection
and shall report their findings, if any, to the Liquor Commission.
B.
Hearing and decision. The Liquor Commission shall receive and require such evidence as it may deem necessary to make findings based upon the standard and factual criteria outlined in § 6-106 of this chapter. Based upon said criteria, the Commission shall decide whether to approve or deny the application. If the application is approved, it shall be forwarded to the City Council for consideration.
C.
The City Council shall not allow a change in license classification unless it finds that the change in classification is necessary for the public convenience of residents of the City of Bloomington and is in the best interests of the City of Bloomington. In deciding whether the change of license classification should be granted, the City Council shall consider the factors set forth in § 6-106 of this chapter and may impose such conditions upon the reclassification license as provided in § 6-107 of this chapter. No change of license may be allowed if, on the basis of said criteria, the Council determines that the change would be detrimental to the City.
[Ord. No. 2018-32; amended 9-12-2022 by Ord. No. 2022-86; 10-23-2023 by Ord. No. 2023-107]
No license shall be issued for the
sale at retail of any alcoholic liquor at a tavern (Class "TA," "TB"),
package licensed store (Class "GPA," "GPB," "PA," "PB") or any business
at which the sale of alcoholic liquor is the principal business if
it is within 100 feet of any church, school, (including preschools,
but excluding institutions of higher learning), hospital, home for
aged or indigent persons or for veterans, any military or naval station,
any day-care center licensed by the Illinois Department of Children
and Family Services, undertaking establishment or mortuary. In the
case of a church, the distance of 100 feet shall be measured from
the property line of the licensed premises to the nearest part of
any building used for worship services or educational programs. In
all other instances, the measurement shall be made from the property
line of the licensed premises to the property line of the school,
hospital, home for aged or indigent persons, home for veterans, any
military or naval station or any day-care center licensed by the Illinois
Department of Children and Family Services undertaking establishment
or mortuary. This prohibition shall not apply to the renewal of the
license for the sale at retail of alcoholic liquor on premises within
100 feet of any church, day-care, or school where the church, day-care,
or school has been established within such 100 feet since the issuance
of the original license. This prohibition does not affect licensed
establishments having liquor licenses issued by the City of Bloomington
prior to April 25, 2018. The Liquor Commissioner is authorized to
grant exemptions to the prohibition in this Subsection A, and to a
similar prohibition in Section 6-11(a) of the Liquor Control Act of
1934.
[Ord. No. 1984-54; amended 7-8-2019 by Ord. No. 2019-53]
A.
When a license is created by the City Council
and is subsequently issued, the license fee shall be prorated on the
basis of the remaining days of the calendar year in which the license
is issued. Application fees shall not be prorated.
B.
To be paid without a penalty, each liquor
license fee must be received by the City Clerk on or before the following.
If a date listed below is a holiday, license fees may be received
by the Clerk on the following business day without a late fee. If
a license fee is received late, the license holder must pay a late
fee in the amount of 10% of the invoiced license fee and may be subject
to the renewal license being denied.
[Amended 10-23-2023 by Ord. No. 2023-107]
C.
All liquor licenses shall be considered
invalid after 11:59 p.m. on the date of expiration listed on the license.
Thereafter, if fees are not paid during the first month of the succeeding
period, the license shall cease to exist and the number of created
licenses shall be reduced thereby. To again hold a liquor license,
the former license holder must reapply for a new license.
[Amended 10-23-2023 by Ord. No. 2023-107]
D.
Upon the termination of any liquor license
or licensed business for any reason, the license fee shall not be
refunded.
A.
All licenses shall be classified as follows:
(1)
Class "CA" (Clubs - All Types of Alcoholic
Liquor) primary licenses authorize the retail sale on the specified
premises of all types of alcoholic liquor for consumption only on
the premises of Clubs as the same are herein defined.
[Ord. No. 1992-102]
(2)
Class "CB" (Clubs - Beer and Wine Only)
primary licenses authorize the retail sale on the specified premises
only of beer and wine for consumption only on the premises.
[Ord. No. 1992-102]
(3)
Class "EA" (Entertainment Venue - All Types
of Alcoholic Liquor) primary licenses authorize the retail sale on
the specified premises of all types of alcoholic liquor for consumption
only on the premises. "EA" licenses shall be issued and renewed at
premises that primarily function as entertainment venues. Entertainment
venues required to hold a City entertainment venue operator license
that wish to sale all types of alcoholic liquor shall apply for this
classification. The sale of liquor at the premises shall be incidental
to the primary function of the premises as an entertainment venue.
"EA" licenses shall be issued and renewed only at premises where gross
sales of admission to or participation in entertainment events or
activities, and/or rental of said venue constitute at least 50% of
the gross sales of the licensee, and where gross sales of alcoholic
liquor constitute no more than 50% of the licensee's total gross sales.
[Amended by Ord. No. 2013-95; 10-23-2023 by Ord. No. 2023-107]
(a)
A licensee under this section shall keep a record of gross sales of admissions to or participation in entertainment events or activities, or the rental of said venue, as well as the gross sales of alcoholic liquor sold on the premises. The licensee shall provide said gross sales records to the City Clerk's Department within 30 days of receipt of a written or emailed request by the Liquor Commissioner. If, in any quarter, gross sales of alcohol sold on the premises exceed 50% of the licensee's gross sales for any two months of the quarter, the "EA" liquor license may be revoked, may not be renewed, or may be subject to added conditions pursuant to § 6-142F of this chapter.
(b)
For purposes of the application of this section:
(4)
Class "EB" (Entertainment Venue - Beer
and Wine Only) primary licenses authorize the retail sale on the specified
premises of beer and wine only for consumption only on the premises.
"EB" licenses shall be issued and renewed at premises that primarily
function as entertainment venues. Entertainment venues required to
hold a City entertainment venue operator license that wish to sell
beer and wine only shall apply for this classification. The sale of
beer and wine at the premises shall be incidental to the primary function
of the premises as an entertainment venue. "EB" licenses shall be
issued and renewed only at premises where gross sales of admission
to or participation in entertainment events or activities, and/or
rental of said venue, constitute at least 50% of the gross sales of
the licensee, and where gross sales of alcoholic liquor constitute
no more than 50% of the licensee's total gross sales.
[Amended by Ord. No. 2013-95; 10-23-2023 by Ord. No. 2023-107]
(a)
A licensee under this section shall keep a record of gross sales of admissions to or participation in entertainment events or activities, or the rental of said venue, as well as the gross sales of beer and wine sold on the premises. The licensee shall provide said gross sales records to the City Clerk's Department within 30 days of receipt of a written or emailed request by the Liquor Commissioner. If, in any quarter, gross sales of beer and wine sold on the premises exceed 50% of the licensee's gross sales for any two months of the quarter, the "EB" liquor license may be revoked, may not be renewed, or may be subject to added conditions pursuant to § 6-142F of this chapter.
(b)
For purposes of the application of this section:
(5)
A Class
"FM" (farmer's market) license shall authorize the retail sale of
alcohol in its original package form for consumption off-premises
at farmer's markets, subject to the following:
[Added 5-8-2023 by Ord.
No. 2023-38; amended 10-23-2023 by Ord. No. 2023-107]
(a)
The term "farmer's market" shall mean a regularly scheduled,
indoor or outdoor market where farmers and producers may bring such
products for sale to the general public:
(b)
An applicant for a Class "FM" license shall have a valid, executed
agreement with the Economic & Community Development Department
for use of a booth or location at a City-sponsored farmer's market
and shall be subject to vendor rules, regulations, and application
procedures promulgated by the Department, along with any reasonable
restrictions required by the Liquor Commissioner. Any Class "FM" license
shall only be valid at a City farmer's market on the days for which
the licensee has been approved.
(c)
Beer, wine or spirits samples.
[1]
It shall be lawful for the licensee to permit the tasting or
sampling of beer, wine, or spirits at the licensee's booth at the
farmer's market if such tasting or sampling is:
[a]
Of beer, wine, or spirits that were manufactured
or otherwise produced by the licensee meeting the farmer's market's
qualifications for products sold and is being presented for sale in
its original package form for off-premises consumption;
[b]
In an amount no greater than one ounce for wine
beverages, two ounces for beer, and 1/2 ounce for spirits;
[c]
Served with no charge of any kind or character
for the sample or tasting;
[d]
Served no earlier than 9:00 a.m.;
[e]
Served by a person aged 21 or older.
[2]
Samples may not be taken away from the immediate booth area
and must be consumed or otherwise disposed of within 10 feet of the
booth area.
[3]
All samples must be served in plastic, paper, or foam containers
only.
(e)
The storage and display of the beer, wine, or spirits shall
be in a manner to protect the product from improper use.
(f)
No agent or employee of a licensee shall sell to or allow for
the tasting of any alcoholic liquor by any person under age 21, or
allow, directly or indirectly, any person under age 21 to possess
or consume any amount of any alcoholic liquor. The licensee, its agent,
or its employee shall, prior to selling or serving any alcoholic liquor,
inspect the identification card of each person purchasing or consuming
any alcoholic liquor under this subsection for the purposes of determining
whether that individual is of lawful age to possess or consume alcoholic
liquor.
(6)
Class "GPA" (Convenience Store - All Types of Alcohol) primary licenses authorize the retail sale of all types of alcoholic liquor only in the original package for consumption off of the premises at retail grocery convenience stores, as those premises are defined in § 6-101 of this chapter, at which motor vehicle fuels are sold.
[Ord. No. 2013-95; Ord. No. 2014-02]
(7)
Class "GPB" (Convenience Store - Beer and Wine Only) primary licenses authorize the retail sale of beer and wine only in the original package for consumption off of the premises at retail grocery convenience stores, as those premises are defined in § 6-101 of this chapter, at which motor vehicle fuels are sold.
[Ord. No. 2013-95; Ord. No. 2014-04]
(8)
Class "MA" (Motel/Hotel Room Minibars-
All Types of Alcoholic Liquor) primary licenses authorize the retail
sale of alcoholic beverages of all types from locked containers in
rented motel and hotel rooms for consumption on the premises. The
license holder may provide key(s) to registered guests for the locked
container(s) in rooms rented by them provided they are over 21 years
of age and acknowledge their responsibility for the alcohol located
in the room, during the rental period.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(9)
Class "MB" (Motel/Hotel Room Minibars -
Beer and Wine Only) primary licenses authorize the retail sale only
of beer and wine from locked containers in rented motel and hotel
rooms for consumption on the premises. The license holder may provide
key(s) to registered guests for the locked container(s) in rooms rented
by them provided they are over 21 years of age and acknowledge their
responsibility for the alcohol located in the room during the rental
period.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(10)
Class "NPA" (Non-Profit - All Types
of Alcoholic Liquor) primary licenses authorize the retail sale of
all types of alcoholic liquor by civic, charitable, fraternal, educational,
patriotic, and/or religious organizations on premises in nonresidential
locations for a maximum period of 60 days with the following conditions.
Only civic, charitable, fraternal, educational, patriotic and/or religious
organizations which have been in active and continuous existence for
a period of one year prior to the date of making the application or
those which are incorporated under the laws of the State of Illinois
will be eligible to receive an "NPA" license. No organization shall
be issued more than three "NPA" licenses in any twelve-month period.
The license shall only apply to catered functions or special events
sponsored by the organization.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(11)
Class "NPB" (Non-Profit - Beer and
Wine Only) primary licenses authorize the retail sale of beer and
wine by civic, charitable, fraternal, educational, patriotic, and/or
religious organizations on premises in nonresidential locations for
a maximum period of 60 days with the following conditions. Only civic,
charitable, fraternal, educational, patriotic and/or religious organizations
which have been in active and continuous existence for a period of
one year prior to the date of making the application or those which
are incorporated under the laws of the State of Illinois will be eligible
to receive an "NPB" license. No organization shall be issued more
than three "NPB" licenses in any twelve-month period. The license
shall only apply to catered functions or special events sponsored
by the organization.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(12)
Class "PA" (Package Sales - All Types of Alcoholic Liquor) primary licenses authorize the retail sale on the specified premises of all types of alcoholic liquor only in original packages for consumption only off of the premises and for consumption if beer and wine on the premises in conjunction with a beer and wine tasting as defined in § 6-101.[1]
[Ord. No. 2013-95]
[1]
Editor's Note: Former Subsection A(12), Class "O" (Outdoor), Ord. No. 2015-26, was repealed 10-23-2023 by Ord. No.
2023-107.
(13)
Class "PB" (Package Sales - Beer and Wine Only) primary licenses authorize the retail sale on the specified premises only of beer and wine in the original packages for consumption only off of the premises and for consumption on the premises in conjunction with a beer and wine tasting as defined in § 6-101.
[Ord. No. 2013-95]
(14)
Class "PBP" (Packaged Sales - Beer
and Wine, On or Off Premises) primary licenses authorize the retail
sale on the specified premises of beer and wine in original packages
for consumption on or off the premises where sold. This class of license
shall only be available to establishments where the sale of packaged
or prepared food is the primary source of revenue for the establishment.
This class of license shall not be available for any establishment
at which motor vehicle fuels are sold.
[Ord. No. 2018-69]
(15)
Class "RA" (Restaurant - All Types of Alcoholic Liquor) primary licenses authorize the retail sale on the specified premises of all types of alcoholic liquor for consumption only on the premises. The sale of liquor at a restaurant shall be incidental to the principal purpose of the sale of food. "RA" licenses shall be issued and renewed only if the licensee has and maintains gross sales on the premises of all types of alcoholic liquor in an amount less than the gross sales of all types of food. Restaurants shall keep a record of all alcohol and food items sold on the premises and shall, within 30 days of receipt of a written request by the Liquor Commissioner, provide to the City Clerk's office financial statements for the period requested, certified by an independent certified public accountant, showing the proportion of gross sales of alcoholic beverages compared to sales of food. If, in any quarter, gross sales of alcoholic beverages exceed gross sales of food for any two months, the restaurant liquor license may be revoked, may not be renewed, or may be subject to added conditions pursuant to § 6-142F of this chapter. A restaurant liquor license shall be issued and renewed only at premises kept, used, maintained, advertised and held out to the public as a place where meals are sold and served and where meals are actually and regularly sold and served to the public. A restaurant shall have seating available for patrons as well as adequate and sanitary kitchen and dining room equipment, and shall have employed therein a sufficient number and kind of employees to prepare, cook and serve full meals for its guests.
[Ord. No. 2013-95; Ord. No.
2014-02]
(16)
Class "RB" (Restaurant - Beer and Wine Only) primary licenses authorize the retail sale on the specified premises only of beer and wine for consumption only on the premises. The sale of beer and wine at a restaurant shall be incidental to the principal purpose of the sale of food. "RB" licenses shall be issued and renewed only if the licensee has and maintains gross sales on the premises of beer and wine in an amount less than the gross sales of all types of food. Restaurants shall keep a record of all beer, wine and food items sold on the premises and shall, within 30 days of receipt of a written request by the Liquor Commissioner, provide to the City Clerk's office financial statements for the period requested, certified by an independent certified public accountant, showing the proportion of gross sales of beer and wine compared to sales of food. If, in any quarter, gross sales of beer and wine exceed gross sales of food for any two months, the restaurant liquor license may be revoked, may not be renewed, or may be subject to added conditions pursuant to § 6-142F of this chapter. A restaurant liquor license shall be issued and renewed only at premises kept, used, maintained, advertised and held out to the public as a place where meals are sold and served and where meals are actually and regularly sold and served to the public. A restaurant shall have seating available for patrons as well as adequate and sanitary kitchen and dining room equipment, and shall have employed therein a sufficient number and kind of employees to prepare, cook and serve full meals for its guests.
[Ord. No. 2013-95; Ord. No.
2014-02]
(17)
Class "S" (Sunday) secondary licenses issued to the holder of any primary license described herein (except Class "W," which is valid on Sunday) extend the authority of primary licenses to Sunday hours as specified in § 6-128 of this chapter. Any violation of the terms of the "S" license shall be considered a violation of the license holder's primary license and shall subject the license holder to penalties and/or sanctions directed at the primary license.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(18)
Class "SA" (Secondary Premises -
All Types of Alcoholic Liquor) authorizes the retail sale of all types
of alcoholic liquor by the current holder of an EA, EB, TA, TB, RA,
or RB, PA or PB license at nonresidential public premises other than
the premises covered by the existing license at locations and on days
approved by the Liquor Commissioner. All of the terms and conditions
of the license holder's primary license shall extend to and apply
to the license issued. The license holder must submit proof of adequate
Dram Shop Insurance covering the premises licensed under the "SA"
license prior to being issued such license. Any violation of the terms
of the "SA" license shall be considered a violation of the license
holder's primary license and shall subject the license holder to penalties
and/or sanctions directed at the primary license.
[Ord. No. 2018-37; amended 10-23-2023 by Ord. No. 2023-107]
(19)
Class "SB" (Secondary Premises -
Beer and Wine Only) authorizes the retail sale of beer and wine by
the current holder of an EA, EB, TA, TB, RA, or RB, PA or PB license
at nonresidential public premises other than the premises covered
by the existing license at locations and days approved by the Liquor
Commissioner. All of the terms and conditions of the license holder's
primary license shall extend to and apply to the license issued. The
license holder must submit proof of adequate Dram Shop Insurance covering
the premises licensed under the "SB" license prior to being issued
such license. Any violation of the terms of the "SB" license shall
be considered a violation of the license holder's primary license
and shall subject the license holder to penalties and/or sanctions
directed at the primary license.
[2]
Editor's Note: This ordinance also repealed former Subsection
A(21), Class "SPA," Ord. No. 2013-95 and Ord. No. 2009-71, A(22), Class
"SPB," Ord. No. 2013-95, and A(23),
Class "ST," Ord. No. 2013-95, which
immediately followed this subsection.
(20)
Class "TA" (Tavern - All Types of
Alcoholic Liquor) primary licenses authorize the retail sale on the
specified premises of all types of alcoholic liquor for consumption
only on the premises. License holders must post highly visible signage
at all entrances of the premises stating that all minors under 21
years of age must be accompanied by a parent or guardian commencing
January 1, 2024.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(21)
Class "TB" (Tavern - Beer and Wine
Only) primary licenses authorize the retail sale on the specified
premises only of beer and wine for consumption only on the premises.
License holders must post highly visible signage at all entrances
of the premise stating that all minors under 21 years of age must
be accompanied by a parent or guardian commencing January 1, 2024.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
(22)
Class "W" (Catering) primary licenses authorize the holder thereof to provide catering services to private parties pursuant to § 6-114 of this chapter provided, however, that a Class "W" license does not authorize the sale of alcoholic beverages only. An additional Sunday license shall not be required.
[Ord. No. 2013-95; amended 10-23-2023 by Ord. No. 2023-107]
[Ord. No. 2018-89; amended 10-23-2023 by Ord. No. 2023-107]
The license fees for each of the
classes of licenses shall be as set forth in the Schedule of Fees.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
A.
It shall be illegal for any person for compensation to agree or contract to obtain or provide any type of alcoholic liquor or to mix, pour and/or serve any type of alcoholic liquor at any private party or other type of private gathering of people within the City of Bloomington without having first obtained a Class "W," Class "SA," or Class "SB" liquor license. Catering shall include the acts described herein and those described in § 6-101 of this chapter.
B.
Catering licenses may be obtained by submitting
an application to the City Clerk and by providing them with information
not inconsistent with the type of information requested of applicants
for other liquor licenses. Each application must be signed by an authorized
agent of the license application who shall be responsible for providing
the catering services and complying with the requirements of this
chapter.
C.
A person engaged in catering may not sell
individual alcoholic beverages of any type. However, any person engaged
in catering may procure alcoholic liquor for the purpose of providing
the catering services, provided that the person providing the catering
service may only charge the contractor for such services the actual
cost of the alcoholic liquor, without a markup.
D.
Before any person may obtain a catering
license, each applicant or each applicant's employer must provide
the City Clerk with a certificate of insurance which shows that the
licensee and, if applicable, their employees, agents and servants
are covered by an insurance policy for any liability which may develop
from the performance of catering services.
E.
There shall not be a limit at this time
to the number of catering licenses which may be issued by the City
Clerk. Notices prior to the issuance of such licenses and bond shall
not be required. Catering licenses may be suspended or revoked by
the Liquor Commissioner for the violation of any law directly or indirectly
associated therewith.
F.
Prior to issuance of the catering license the City Clerk may require
proof that the applicant business is registered with the City Finance
Department for all applicable tax collection purposes.
[Ord. No. 1974-124]
If any time subsequent to the effective
date of the above section any territory is annexed to the City wherein
a valid license issued by the County of McLean is in existence, it
shall not be revoked or invalidated but shall be allowed to continue
in the same manner as heretofore until the following December 31st
when it shall be renewed by the Mayor as a City license in the same
manner as heretofore.
[Ord. No. 2018-89; amended 10-23-2023 by Ord. No. 2023-107]
Every person licensed in accordance
with the provisions of this chapter immediately shall post the license
so issued in a conspicuous place on the licensed premises and shall
keep such license so posted at all times said license is in force.
[Ord. No. 1974-124; amended 10-23-2023 by Ord. No. 2023-107]
All such fees shall be paid to the
City Clerk at the time application is made and shall be immediately
turned over to the Director of Finance. In the event the license applied
for is denied, then the fee shall be deposited in the general corporate
fund or in such other fund as shall have been designated by the Council,
by proper action.
[Ord. No. 1974-124]
The City Clerk shall keep or cause
to be kept a complete record of all such licenses issued by the Mayor
and shall furnish the Mayor and Chief of Police each with a copy thereof;
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 and Chief of Police within 48 hours of such action.
A.
Nature of license or permit for license.
A license or permit for license shall be purely a personal privilege,
good for not to exceed one year after issuance unless sooner revoked
as in this Ordinance provided, and shall not constitute property nor
shall it be subject to attachment, garnishments, or execution, nor
shall it be alienable or transferable voluntarily or involuntarily
or subject to being encumbered or hypothecated. Such license or permit
for license shall not descent by the laws of testate or intestate
devolution, but it shall cease upon the death of the holder, provided
that executors or administrators of the estate of any deceased holder
and the trustee of any insolvent or bankrupt holder, when such estate
consists in part of alcoholic liquor may continue the business of
the sale or manufacture of alcoholic liquor under order of the appropriate
court and may exercise the privileges of the deceased or insolvent
or bankrupt holder after the death of such decedent, or such insolvency
or bankruptcy until the expiration of such license or permit for license
but not longer than one year after the death, bankruptcy or insolvency
of such holder.
[Ord. No. 1974-124]
B.
Renewals. Any holder may renew their license at the expiration thereof, provided they are then qualified to received a license, there has not been an unapproved change of ownership (§ 6-102) and the location and premises for which the renewal license is sought are suitable for such use.
[Ord. No. 1983-105; amended 10-23-2023 by Ord. No. 2023-107]
[Ord. No. 1992-102; amended 12-11-2023 by Ord. No. 2023-112]
A.
All applications for the renewal of a license shall be made in writing
to the City Clerk not later than December 1 of each year. If the information
and statements contained in the original application have not changed,
in lieu of an application for renewal, a licensee may file with the
City Clerk not later than December 1 of each year, an affidavit stating
that such facts and statements have not changed.
B.
The license fee shall be set forth in the Schedule of Fees. Said
fees are not subject to proration or refund and are due prior to issuance
of the license. The application fee shall also be set forth in the
Schedule of Fees and is not subject to reimbursement or refund upon
denial of a license.
C.
For entertainment and restaurant classification renewal applications,
the applicant must provide, on forms provided by the City Clerk, gross
annual revenue for the previous calendar year detailed by category
of revenue generated on a per-month basis including but not limited
to alcoholic beverages. For an establishment's first license
renewal application, the establishment must provide a report detailing
monthly revenues generated and total gross revenues for the months
the establishment was open and licensed in the previous calendar year.
Revenue generated by the establishment shall meet the percentage requirements
of this chapter. Additional financial details of said gross revenues
shall be made available upon request by the City.
[Ord. No. 1992-102]
A.
A liquor license shall permit the sale of alcoholic beverages and sales as defined in § 6-101 only in the premises described in the application and license except that the Mayor, on behalf of the Commission or two members of the Commission when the Mayor is unavailable, may issue a secondary premises license, Class "SA" or "SB," which authorizes the licensee to operate temporarily at a location other than the premises at which said licensee is licensed to operate. Any licensee desiring a secondary premises license shall submit an application containing the name of the licensee, a description of the temporary location (which shall not include street right-of-way), the expected hours of operation as may be requested by the Liquor Commission and such other information relevant to the sale of alcohol at that location. No secondary premises license shall be issued for any premises which is not a proper one for the retail sale of alcoholic liquor under the laws of this state and the Code of the City.
B.
Temporary extension of premises as defined in § 6-101 may be granted to a primary liquor license holder. The application made on forms provided by the City Clerk must contain the following:
[Added 10-23-2023 by Ord.
No. 2023-107]
(1)
Applications. An application must be submitted at least two weeks
prior to the date of the planned event to allow adequate processing
time. The application must contain the following:
(a)
Legal name and DBA ("doing business as")/assumed name;
(b)
Business contact information, including an address, phone number,
and email;
(c)
Date and time of event;
(d)
Description of the event, including locations not contained
in the standard operating establishment that will be considered under
the application as "extended areas" for sale and service of liquor;
and
(e)
Name, title and signature of the applicant.
(2)
Required documents:
(a)
Event site plan provided by the applicant which includes:
[1]
The identification of the areas where alcohol will be stored
and sold/served;
[2]
Access points (entrances, exits, gates, etc.);
[3]
The dimensions of the area proposed for the extension of premises;
[4]
Location of additional adequate sanitation facilities, if applicable;
[5]
Fencing or barricading for controlled entrances and exits to
proposed area; and
[6]
Locations for adequate parking.
[a]
If ample parking is not available on premises,
written permission from neighboring businesses must be sought via
an event parking agreement. The event parking agreement provides written
permission of neighboring businesses to accommodate the overflow parking
needed for the event. This document must include the business name;
owner, manager, or representative's name; title; signature; and contact
information of the neighboring business.
(b)
Any other documents determined necessary by the reviewing departments.
(c)
If the permit is approved, a certificate of liability insurance
(DRAM Shop) must be provided with the title of the event, date and
time frame of the event listed, as well as the City of Bloomington
listed as an additional insured.
(3)
The fee for an extension of premises shall be issued at a cost as
set forth in the Schedule of Fees.
It shall be unlawful to peddle alcoholic
liquor in the City.
[Amended 10-23-2023 by Ord. No. 2023-107]
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 and 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.
All premises used for the retail sale of alcoholic liquor for consumption
on the premises shall provide sanitary restroom facilities.
[Ord. No. 1992-102]
All premises licensed for the retail
sale of alcoholic liquor may have only one lighted sign advertising
a particular brand of alcohol or alcohol product visible from the
exterior of the premises. Any premises displaying more than one such
sign on the effective date of this Ordinance shall have until December
31, 1992 to remove any excess signs.
A.
It shall be unlawful for any licensee or
for any officer, associate, member, representative, agent or employee
of such licensee to employ in any licensed premises any person who
is afflicted with, or who is a carrier of, any contagious infection
or venereal disease; and it shall be 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 the handling, preparation or distribution
of such liquor.
[Ord. No. 1992-102]
B.
It shall be illegal for any liquor licensee
or for any officer, associate, member, representative, agent or employee
of such licensee to employ in any premises used for the sale of alcoholic
beverages any person under 21 years of age for the purpose of drawing,
pouring or mixing alcoholic beverages or tending bar or to sell or
consummate the sale of any such beverages to be consumed off the licensed
premises, such as but not limited to such sales at a packaged liquor
store, a grocery store, or a pizza establishment. It shall be illegal
for any person under 21 years of age to be so employed as specified
in this paragraph.
C.
It shall be lawful for a liquor licensee
or for any officer, associate, member, representative, agent or employee
of such licensee to employ a person 19 years of age or older to deliver,
serve and/or to consummate the sale of alcoholic beverages which are
to be consumed on the premises, provided that at all times when the
employee under 21 years of age is on the premises, another employee
21 years of age or over is working on duty on the premises; the person
charged with an offense hereunder shall have the burden of proving
that the employee 21 years of age or older was so employed and was
working on duty on the premises at the time of any alleged violation.
D.
It shall be unlawful for any person under
the age of 19 years to sell, deliver or serve any alcoholic beverage
in any licensed establishment or at any other place and this section
shall be broadly construed.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
[Ord. No. 1992-102]
No licensee shall employ or permit
any person to solicit any other person to purchase the solicitor a
drink or drinks in or about any premises offering alcoholic or malt
or vinaceous beverages for sale.
A.
It shall be illegal for any licensee, their
agent, or employee to serve, give or in any manner be concerned with
placing any alcoholic liquor in or upon or about any motor vehicle
or to sell, serve, deliver or give any alcoholic liquor to any occupant
of a motor vehicle, whether such vehicle is moving or parked or is
at a curb or in a public place or on premises or property used by
a licensee or other private property, except in the original package
and with the seal unbroken.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
B.
All of the actions specified in the previous
paragraph at drive-up windows are subject to each of the following
conditions and failure to comply with each of them is a violation
of this Code:
(1)
Before any such liquor transfer occurs
the evening lighting of the exterior of the sales area must make all
persons in any vehicle in the transfer area clearly visible and all
such lighting systems and any changes or alterations in such systems
must be approved by the Liquor Commission before any such liquor transfer
occurs, and rules and regulations to obtain such approval are available
from the City Clerk; and
(2)
Liquor transfers in the original package
with the seal unbroken may be made only to the driver of a vehicle
and any such transfer to any passenger is illegal; and
(3)
The licensee must check the pictured driver's
license of every driver before such a transfer is made to determine
that the person has a driver's license and to determine the age of
young persons, and no substitute ID such as a traffic ticket, another
type of pictured ID such as the Illinois Identification Card, or other
ID may be accepted; and
A.
(1)
Except as provided in Subsection C below, it shall be unlawful for any liquor license holder to sell or offer for sale at retail, or allow consumption on the premises of any alcoholic liquor during the following hours unless the license is issued for a premise located inside the passenger terminal owned and operated by the Central Illinois Regional Airport in which case Subsection A(2) shall apply:
|
Monday - Friday
|
1:00 a.m. - 6:00 a.m.
|
|
Saturday - Sunday
|
2:00 a.m. - 6:00 a.m.
|
(2)
Except as provided in Subsection C below, it shall be unlawful for holders of licenses for premises located inside the passenger terminal owned and operated by the Central Illinois Regional Airport to sell or offer for sale at retail or allow consumption on the premise of any alcoholic liquor during the following hours:
[Ord. No. 2009-55]
|
Monday - Friday
|
1:00 a.m. - 5:00 a.m.
|
|
Saturday
|
2:00 a.m. - 5:00 a.m.
|
|
Sunday
|
2:00 a.m. - 6:00 a.m.
|
B.
Except as provided in Subsection D below, it shall be unlawful for any liquor license holder, other than a holder of a Class "C" or "S" license, to sell or offer for sale at retail or allow consumption on the premises of any alcoholic liquor during the following hours:
[Ord. No. 2009-55]
|
Sunday
|
6:00 a.m. - 12:00 midnight
|
|
Monday
|
12:00 midnight - 1:00 a.m.
|
C.
Notwithstanding anything in Subsection A above, it shall be lawful for liquor license holders to operate between 1:00 a.m. and 2:00 a.m. on January 1.
[Ord. No. 1992-102]
D.
Notwithstanding anything in Subsection B above, it shall be lawful for all liquor license holders to operate between 6:00 a.m. on December 31, through 2:00 a.m. on January 1, whenever December 31 falls on a Sunday.
[Ord. No. 2009-55]
E.
Hours stated in this section shall mean
Central Standard Time or Central Daylight Savings Time, whichever
is being observed in the City.
[Ord. No. 1992-102]
F.
The closing hours provided in Subsections A through E above shall also apply to any event or premises at which alcoholic liquor is served or consumed whenever there is a charge imposed on persons attending, any part of which may be considered a direct or indirect charge for alcoholic liquor. Such charges include, but are not limited to cover charges, admission charges, entertainment charges, any charges enumerated in § 6-101 of this chapter or any other similar charge.
[Ord. No. 1992-102]
[Ord. No. 1992-102]
No licensee or officer, employee
or agent of a licensee shall permit any person on the licensed premises
to leave the licensed premises with any open container of any alcoholic
beverage.
A.
No licensee shall sell alcoholic liquor
in a keg without first having obtained the signature of the purchaser
on an adult responsibility form. The licensee shall retain one copy
of the form and provide one copy of the form to the purchaser. The
licensee shall retain copies of all such forms for a period of not
less than three months from the date of sale and produce any and all
forms for inspection by the Liquor Commissioner, their designee, or
police officers.
[Amended 10-23-2023 by Ord. No. 2023-107]
B.
Any person who purchases alcoholic liquor
in a keg from a licensee in Bloomington must sign an adult responsibility
form provided by the licensee/seller at the time and point of sale.
The form shall contain the following:
(1)
The licensee's name, address and phone
number;
(2)
The purchaser's name, address and phone
number;
(3)
The driver's license number or other identification
used by the licensee to identify the purchaser;
(4)
The location the keg is to be used;
(5)
The date and signature of the purchaser;
and
(6)
The following statement:
As purchaser of a keg of alcohol
I understand that I am responsible for the proper use of the contents
of the keg.
I agree that the contents of the
keg will not be sold to another person. This includes selling cups,
tickets or charging admission to an event at which the alcohol may
be "given" away.
I understand that the legal drinking
age in Bloomington is 21, and that the contents of the keg will not
be furnished to any person under 21 years of age except as allowed
by ordinance.
I understand that I am required to
keep a copy of this Adult Responsibility Form with the keg at all
times, and to provide a copy to the Police upon request.
I understand that if I do not produce
a copy of this form when requested by police, or if the contents of
the keg are sold or furnished to a minor, I will be held to have violated
a City ordinance.
C.
Any person who purchases alcoholic liquor
in a keg in another jurisdiction other than Bloomington shall sign
an adult responsibility form as required in that jurisdiction.
D.
Any person in possession of a keg containing
alcoholic liquor shall keep any required adult responsibility form
in the same location as the keg at all times and shall have the form
readily available for inspection until the keg is returned to the
licensee.
[Amended 10-23-2023 by Ord. No. 2023-107]
E.
Presumptions.
[Amended 10-23-2023 by Ord. No. 2023-107]
(1)
If a keg is found to be on any residential
premises and no adult responsibility form is produced, there shall
be a rebuttable presumption that any resident of the dwelling unit
in which the keg is found is in possession of the keg in violation
of this section. A person so charged shall have the burden of proving
that they did not have unlawful possession of the keg.
(2)
If any keg is used in the unlawful sale
of alcohol, there shall be a rebuttable presumption that the person
signing the adult responsibility form is responsible for the unlawful
sale of alcohol. The City shall have the burden of proving that the
keg was used in the unlawful sale of alcohol and the Defendant was
the person signing the adult responsibility form. The Defendant shall
have the burden of proving that they had no knowledge of the unlawful
sale of alcohol, and took reasonable means to prevent the unlawful
sale of alcohol.
(3)
If any keg is used in the unlawful furnishing
of alcohol to a minor, there shall be a rebuttable presumption that
the person signing the adult responsibility form is responsible for
the unlawful furnishing of alcohol to a minor. The City shall have
the burden of proving that the keg was used in the unlawful furnishing
of alcohol to a minor and the Defendant was the person signing the
adult responsibility form. The Defendant shall have the burden to
prove that they had no knowledge of the unlawful furnishing of alcohol,
and took reasonable means to prevent the unlawful furnishing of alcohol.
F.
Hours of sale and transportation of kegs.
No person shall transport alcoholic liquor stored in a keg on any
public street between the hours of 10:00 p.m. and 5:00 a.m. unless
such person holds a distributor's license from the State of Illinois.
No license holder shall sell a keg at 10:00 p.m.
[Ord. No. 2009-49]
A.
In every premises upon which the sale of
alcoholic liquor for consumption upon the premises is licensed hereunder,
a card shall be posted by the licensee thereof to be furnished by
said licensee which shall read substantially as follows:
|
WARNING TO MINORS
|
|
You are subject to a fine of up to
$500 under the Ordinance of the City of Bloomington if you purchase
alcoholic liquor or are served or delivered alcoholic liquor or misrepresent
your age for the purpose of purchasing or obtaining alcoholic liquor.
|
B.
Such card shall be displayed at all times
in a prominent place in said licensed premises.
[Ord. No. 1992-102]
[Amended 10-23-2023 by Ord. No. 2023-107]
A.
Each person or entity having a liquor license
shall obtain and at all times maintain in effect a penal bond to the
City of Bloomington in the sum of $2,000 from a solvent surety company
licensed to do business in the State of Illinois and each such bond
is subject to being approved by the Corporation Counsel. Each bond
shall be filed with the City Clerk before liquor licenses to which
the bond applies are distributed by the City Clerk and shall be conditioned
upon the faithful observance by the licensee of all of the provisions
of this chapter and of any other provisions of the Bloomington City
Code and of the laws of the State of Illinois and of the United States
of America applying to the sale and possession of intoxicating liquor.
B.
Each person or entity that has a liquor
license shall at all times have and maintain in effect dram shop liability
insurance for not less than the maximum liability amount provided
by law for each injury to the person (including death) or the property
of any person and each such policy shall contain reasonable total
maximum limits.
C.
Each liquor licensee is required at all
times to have on file with the City Clerk proof from the surety company,
the insurance company or their authorized agents that the required
bond and insurance are in effect at all times as required by this
section.
D.
The failure of any person or entity to
at all times maintain in effect the bond and insurance required by
this section shall automatically terminate the license(s) issued pursuant
to this chapter to such person or entity. Automatically terminated
licenses may be reinstated by the Liquor Commissioner at their discretion
upon a showing of evidence by the licensee that the required bond
and insurance have been obtained and are in effect. The responsibility
to maintain in effect the bond and insurance referred to herein shall
be solely that of the licensee(s) and neither the City Clerk, the
Liquor Commissioner, nor any other person associated with the Liquor
Commission or with the City of Bloomington shall be responsible for
notifying the licensee(s) of the expiration date of any bond or insurance
policy or have any other responsibility with respect to maintaining
in effect at all times such bond and insurance policy or assuring
compliance with any aspect of this section or any related provision
thereof.
E.
The failure of a licensee to comply with
any aspect of this section is a violation of this chapter for which
the licensee may be penalized pursuant to the provisions of this chapter.
[Ord. No. 1992-102]
A.
It is unlawful for any person including
but not limited to any licensee or any associate, member, representative,
agent, or employee of such licensee to sell, give, deliver or serve
any alcoholic beverage to any person under the age of 21 years or
to any intoxicated person or to any person known to be a spendthrift,
insane, mentally ill, mentally deficient or a habitual drunkard.
[Ord. No. 1992-102]
B.
It shall be unlawful for any person under
the age of 21 years to purchase, accept or procure or to attempt to
purchase, accept or procure any alcoholic beverage from any liquor
dealer or from any other person.
[Ord. No. 1992-102]
C.
It shall be unlawful for any person to
order, purchase or to in any manner to obtain any alcoholic beverage
for another person under the age of 21 years. It shall be illegal
for any person to sell, give or deliver any alcoholic liquor to another
person under the age of 21 years. It shall be illegal for any person
to directly or indirectly have any alcoholic beverage sold, given
or delivered to another person under 21 years of age or to permit
the sale, gift or delivery of any alcoholic beverage to another person
under 21 years of age.
[Ord. No. 1992-102]
D.
It shall be illegal for any person to have
any alcoholic beverage in an open container in their possession on
any street or highway or upon any other public property, except at
the following locations:
(2)
Possession of all types of alcohol is permitted
inside the Bloomington Center for Performing Arts and on the grounds
of Festival Park outside of Bloomington Center for the Performing
Arts under the following conditions:
[Ord. No. 2009-32; Ord. No. 2013-95]
(a)
Alcohol shall only be procured from
and served by the Bloomington Center for Performing Arts licensed
with a Class "EA" or "EB," or by an individual or entity with a Class
"W," or an "E," "T" or "R" liquor license holder who has obtained
a Class "SA" or "SB" license for that location.
[Amended by Ord. No. 2014-04; 10-23-2023 by Ord. No. 2023-107]
(b)
Possession of open alcohol shall
be allowed only at events that are either sponsored or organized by
the City of Bloomington or by individuals or entities who have signed
rental agreements with the City of Bloomington for use of the facilities
that permit the individual or entity to serve alcohol.
(c)
Possession of open alcohol on the
grounds of Festival Park shall only be permitted when there is perimeter
fencing around the grounds and entrance to the park must be made through
gates at two designated locations. Possession of open alcohol on the
grounds of Festival Park shall be allowed inside the fenced area only.
(d)
Possession of open alcohol inside the Bloomington Center for Performing Arts shall be prohibited after 12:00 midnight whether or not alcohol was procured from the source enumerated in Subsection D(2)(a). Possession of open alcohol on the grounds of Festival Park shall be prohibited after 11:00 p.m.
(e)
All state and local liquor control
laws must be obeyed.
(f)
All rules and regulations for the
Bloomington Center for the Performing Arts and Festival Park must
be obeyed.
(3)
Possession of open containers of all types
of alcohol is permitted on a sidewalk or other public right-of-way
as designated in an outdoor dining and bar service permit or as otherwise
provided as a condition on the license or by order of the Liquor Commission.
[Ord. No. 2006-6; amended 10-23-2023 by Ord. No. 2023-107]
(4)
Possession of all types of alcohol is permitted
inside the Bloomington Arena located in the block bounded by Madison
Street, W. Front Street, Lee Street and W. Olive under the following
conditions:
[Ord. No. 2013-95; Ord. No. 2014-02; amended 10-23-2023 by Ord. No.
2023-107]
(a)
Alcohol shall only be procured from
and served by the Bloomington Arena licensed with a Class "EA" or
"EB", or by an individual or entity with a Class "W", or a "E", "T",
or "R" liquor license holder who has obtained a Class "SA" or "SB"
license for that location;
(b)
Possession of open alcohol other than that procured from the sources enumerated in Subsection D(4)(a) shall be prohibited;
(c)
All state and local liquor control
laws must be obeyed;
(d)
All rules and regulations for the
Bloomington Arena must be obeyed.
(5)
Possession and consumption of beer and wine by persons over the age
of 21 may be permitted at Miller Park Pavilion and Davis Lodge, as
part of a special event approved by the City Clerk, under the following
conditions:
[Added 9-9-2019 by Ord.
No. 2019-71]
(a)
The event organizer has entered into a valid event location contract
with the City;
(b)
The City Clerk has issued a valid permit allowing the serving and
consumption of beer and wine during the special event;
(c)
All beer and wine at the special event shall be served by an individual
or entity with a Class "W" catering license or Class "SB" held by
the holder of a qualified primary liquor license; and
[Amended 10-23-2023 by Ord. No. 2023-107]
(d)
The event organizer and all attendees must fully comply with federal,
state, and local laws as well as all rules and regulations for the
event location.
(6)
Possession
of all types of alcohol is permitted inside the Miller Park Zoo located
at 1020 S. Morris Ave. within Miller Park under the following conditions:
[Added 2-26-2024 by Ord. No. 2024-008[1]]
(a)
Alcohol shall only be procured from and served by the Miller Park
Zoo licensed with a Class "EA" or "EB," or by an individual or entity
with a Class "W," “NP,” or an "E," "T," or "R" liquor
license holder who has obtained a Class "SA" or "SB" license for that
location;
(b)
Possession of open alcohol other than that procured from the sources enumerated in Subsection D(6)(a) shall be prohibited;
(c)
All state and local liquor control laws must be obeyed;
(d)
All rules and regulations for the Miller Park Zoo must be obeyed.
[1]
Editor's Note: This ordinance also redesignated former Subsection
D(6) as Subsection D(7).
(7)
Possession of open alcohol is permitted for a special event on any
street, sidewalk, or upon any other public property under the following
conditions:
[Added 6-28-2021 by Ord.
No. 2021-50]
(a)
The special event has received a special event permit from the
Economic & Community Development Department.
(b)
Other than for recurring special events as defined in this subsection,
the Liquor Commission must consider and approve the request at a public
hearing and may impose such conditions as it deems appropriate to
protect the health and safety of the public or to be in the best interest
of the City of Bloomington. For recurring special events, as defined
in this subsection, the Liquor Commissioner may consider and approve
the request without the necessity for a public hearing and may impose
such conditions as deemed necessary to protect the health and safety
of the public or to be in the best interest of the City of Bloomington.
As used in this subsection, a recurring special event is an event
which:
(c)
The event organizer is responsible for notifying residents,
property owners, and businesses about the event at least 30 days prior
to the event. Notice shall be given to all residents, property owners,
and businesses within the event area and within 250 feet of the perimeter
of the event area. The notice shall include any dates and times the
event organizer will appear before the Liquor Commission for consideration
of the event.
(d)
Alcohol shall only be procured from and served by a licensed
individual or entity in the event area with a Class "NPA", "NPB",
or a licensed individual or entity with a "TA", "TB", "RA", "RB",
"EA", or "EB" liquor license who has obtained a Class "SA" or "SB"
liquor license for the specific event.
[Amended 10-23-2023 by Ord. No. 2023-107]
(e)
Possession of open alcohol shall only be permitted within the
area designated by the special event permit.
(f)
The event organizer must have and maintain in effect dram shop
liability insurance for not less than the minimum liability amount
provided by law for each injury to the person (including death) or
the property of any person, and each such policy shall contain reasonable
total maximum limits for the specific dates, times, and location of
the event as set forth in the special event permit. The City of Bloomington
shall be named as an additional insured on each such policy.
(g)
Possession of open alcohol for a special event on any street,
sidewalk, or any other public property shall be prohibited after 11:00
p.m. unless otherwise provided by a license or outdoor dining permit.
(h)
Alcohol consumed on any street, sidewalk, or public property
within the event area shall not be in glass containers.
(i)
All persons consuming alcohol at the event must be 21 years
of age or older and must have a wristband from the event organizer.
(j)
All state and local liquor control laws must be obeyed.
E.
It shall be unlawful for any person to
whom the sale, gift, delivery or service of any alcoholic liquor is
prohibited because of age to consume or to possess in any manner,
including by consumption, any such alcoholic liquor, except as otherwise
provided by law. The violation referred to in this section which relates
to the possession of alcohol after it has been consumed may be identified
as the "Illegal Possession of Alcohol by Consumption" or by the number
of the chapter and section of this Ordinance. This violation may be
proven by evidence which indicates that the breath of the person charged
with such offense had a smell associated generally or specifically
with any alcoholic liquor and no additional evidence relating thereto
shall be necessary to find the Defendant to be in violation of this
Ordinance. It shall not be necessary to show that the person charged
with an offense hereunder was at the time in question under the influence
of any alcoholic liquor in any manner, but such evidence shall be
admissible to prove a violation of this Ordinance.
F.
The possession and dispensing or consumption
by a person under the age of 21 years of an alcoholic beverage in
the performance of a religious service or ceremony or the consumption
of alcoholic liquor by a person under the age of 21 years under the
direct supervision and direct approval of the parents or parent of
such person in the privacy of a home is not prohibited by this Ordinance,
and this provision shall be considered only as a defense for which
the burden of proving that it applies to and was reasonably relied
upon in a particular case shall be on the person charged with an offense
under this chapter.
[Ord. No. 1992-102]
G.
It shall be unlawful for any parent or
guardian to provide or permit their child or ward under the age of
18 years to violate any provisions of this chapter.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
H.
It is illegal for the holder of a Class
"MA" or "MB" license to sell or otherwise provide to any person any
liquor or a key to a container that has liquor in it in a rented room
on the premises unless the person who is renting the room is 21 years
of age or older. These alcoholic beverages may be provided for refreshment
purposes only and license holders may not provide in any room enough
alcoholic beverages which could cause the persons over 21 years of
age who are renting the room to become intoxicated. If there is any
doubt whether a registered guest is 21 years of age or older or whether
any terms of this license may be violated, the license holder must
request identification which will prove that the terms of the license
are not being violated. It is illegal for a person under 21 years
of age to obtain or to attempt to obtain a key to a refreshment container
that has alcoholic beverages in it or to use such a key to obtain
any alcoholic beverage from such a container.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
A.
It shall be unlawful:
(1)
For any intoxicated person to be or remain
in any premises licensed hereunder;
(2)
For any person under the age of 21 years
to enter, to be or remain in any licensed premises having a Class
T (Tavern) liquor license, except that any person under the age of
21 years may be or remain on the premises:
[Ord. No. 2013-95; Ord. No. 2014-02]
(a)
If accompanied by their parent(s)
or legally appointed guardian; or
[Amended 10-23-2023 by Ord. No. 2023-107]
(3)
For any licensee or employee thereof to
be or remain on the premises in an intoxicated condition.
[Ord. No. 1992-136]
B.
It shall be unlawful:
(1)
For any licensee hereunder or the licensee's
officer, partner, associate, representative, agent or employee to
allow or permit any intoxicated person to be or remain on the licensed
premises;
[Ord. No. 2013-95; Ord. No. 2014-02]
(2)
For any licensee holding a Class T (Tavern)
liquor license, or the licensee's officer, partner, associate, representative,
agent or employee to allow or permit any person under the age of 21
years to be or remain on the licensed premises, except:
[Ord. No. 2013-95; Ord. No.
2014-02]
(a)
If accompanied by their parent(s)
or legally appointed guardian; or
[Amended 10-23-2023 by Ord. No. 2023-107]
C.
The Defendant/Respondent in any court or
administrative hearing shall have the burden of proving as an affirmative
defense the exceptions to the prohibitions of minors in taverns set
forth in this section, and the prosecutor shall have no responsibility
to prove that any of said exceptions do not apply.
[Ord. No. 2013-95; Ord. No. 2014-02]
A.
If a licensee or any officer, associate,
member, representative, agent or employee of such licensee believes
or has any reason whatsoever to suspect or believe that the sale,
gift, delivery or service to a prospective recipient of any alcoholic
liquor is prohibited by this chapter because of the age of such person,
they shall demand written evidence, and may not rely on oral evidence,
of the prospective recipient's age and identity before making such
sale, gift, delivery or service.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
(1)
Any person from whom such written evidence
is demanded shall forthwith display their motor vehicle operator's
license, federal selective service card, federal armed forces identification
card or other written evidence of age and identity issued by a public
officer in the performance of their official duties.
(2)
If any such person fails to present such
written evidence, they shall be considered to be an under age person
who is not entitled to any such alcoholic liquor. However, if such
written evidence of age and identity is produced and shows the prospective
recipient to be of the age required to purchase such alcoholic liquor
and if such a sale, gift, delivery or service of alcoholic liquor
is made in reasonable reliance thereon, then the licensee and their
representative shall not be subject to the penalty provisions of this
chapter.
(3)
The burden of proving that a demand of
written evidence of the age and identity was made, that such written
evidence was shown, the content of the written evidence presented,
and the reasonableness of the reliance thereon shall be on the person
charged with an offense under this chapter.
B.
It shall be unlawful for any person whomsoever to present or offer to any licensee or to any officer, associate, member, representative, agent or employee of a licensee or to any other person any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually their own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any alcoholic beverage in violation of § 6-133 of this Ordinance or for the purpose of gaining entry into any licensed premises where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises in violation of § 6-134A(2) of this Ordinance.
[Amended 10-23-2023 by Ord. No. 2023-107]
C.
It shall also be unlawful for any person
to sell, give, or furnish any person under the age of 21 years any
false or fraudulent written, printed or photostatic evidence of the
age and identity of such person or to sell, give, or furnish any person
under the age of 21 years evidence of the age and identification of
any other person.
[Ord. No. 1992-136]
A.
It shall be unlawful to sell, offer for
sale or serve alcoholic liquor unless a minimum of one person employed
by the licensee is present on the premises who has successfully completed
a Beverage Alcohol Sellers and Servers Education and Training (BASSET)
course approved by the State of Illinois or another alcohol education
and training course approved by the Bloomington Liquor Commission.
Copies of certificates showing successful completion of said training
shall be kept on the premises at all times and shall be made immediately
available upon request by any law enforcement officer or Liquor Commissioner.
For secondary and catering licenses, the premises shall be construed
as the area where alcohol is being sold, poured or served.
B.
All holders of any class of liquor license
within the City of Bloomington shall require the general manager of
the business to successfully complete a BASSET or other alcohol education
and training course approved by the Bloomington Liquor Commission.
A copy of the certificate showing successful completion of said course
shall be filed with the City Clerk's Department upon request and another
copy shall be kept on the licensed premises at all times and made
immediately available upon request by any law enforcement officer
or Liquor Commissioner. All new general managers shall be allowed
60 days from the first date of commencement of work performed to complete
the required alcohol education and training course.
[Amended 10-23-2023 by Ord. No. 2023-107]
C.
Any class T license holder having an establishment
with a fire code occupancy of over 100 persons shall be subject to
the following requirements:
(1)
At times when eight or fewer employees
are working at the establishment, there shall be a minimum of one
employee on the premises who has completed BASSET or another alcohol
education and training course approved by the Bloomington Liquor Commission;
(2)
At times when more than eight but fewer
than 16 employees are working at the establishment, there shall be
a minimum of two employees on the premises who have completed BASSET
or another alcohol education and training course approved by the Bloomington
Liquor Commission.
(3)
At times when more than 16 but fewer than
24 employees are working at the establishment, there shall be a minimum
of three employees on the premises who have completed BASSET or another
alcohol education and training course approved by the Bloomington
Liquor Commission.
(4)
At times when 24 or more employees are
working at the establishment, there shall be a minimum of four employees
on the premises who have completed a BASSET or another alcohol education
and training course approved by the Bloomington Liquor Commission.
D.
Failure to comply with the requirements of this section shall subject the licensee to fines, suspension or revocation of license as provided in § 6-142 of this chapter.
E.
The provisions of this section shall become
effective July 1, 2013.
[Ord. No. 2013-22]
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
No person shall transport, carry,
possess or have any alcoholic liquor in the passenger area of any
motor vehicle in the City, except in the original package and with
the seal unbroken. Any person, firm or entity violating the provisions
of this section shall be fined not less than $50 and not more than
$500 for each offense.
[Ord. No. 1992-102]
No gambling which is illegal under
state law shall be permitted and no gambling device which is illegal
under state law shall be kept in any premises licensed hereunder.
No riotous, disorderly, indecent or offensive conduct of any kind
shall be allowed in or about said premises.
[Added 9-23-2019 by Ord.
No. 2019-73; amended 10-23-2023 by Ord. No. 2023-107]
A.
No licensee may deliver or serve alcoholic liquor for off-premises consumption outside of the interior of the licensed premises except as provided in this section, except as allowed for drive-up windows as set forth in § 6-127A.
B.
The holder
of a Class PA, PB or PBP license may assist customers in placing alcoholic
liquor inside of their vehicles after the alcoholic liquor has been
purchased inside a licensed establishment.
C.
Curbside
pickup. The holder of a Class PA, PB or PBP license with a licensed
premises of 10,000 square feet or more may allow online or telephone
purchases of alcoholic liquor and curbside pickup of those purchases
if all of the following requirements are met:
(1)
The
licensee has registered its curbside pickup service with the City
in the form and manner required by the City Clerk.
(2)
The
licensee's employee or agent making the curbside delivery has completed
all BASSET training required for making deliveries of alcoholic liquor
under the Liquor Control Act of 1934.
(3)
The
licensee's employee or agent making the curbside delivery is at least
21 years of age.
(4)
The
licensee may not take an online or telephone order for alcoholic liquor
from any person that the licensee reasonably knows or should know
to be less than 21 years of age. The licensee must have reasonable
processes in place to ensure that persons under the age of 21 are
not allowed to place online or telephone orders for alcoholic liquor.
(5)
The
licensee's employee or agent making the curbside delivery must verify
that the person to whom the delivery is made is 21 years or older.
(6)
Curbside
delivery may not be made to any person who is intoxicated. Curbside
delivery may not be made to a vehicle if any occupant of that vehicle
is intoxicated.
(7)
The
curbside delivery must occur on the licensed premises. It may not
occur on any public right-of-way.
(8)
The
curbside delivery may not occur outside of the hours where the sale
of alcoholic liquor is authorized for a Class PA, PB or PBP license.
D.
Delivery.
The holder of a Class PA, PB or PBP license with a licensed premises
of 10,000 square feet or more may allow online or telephone purchases
of alcoholic liquor and delivery of those purchases if all of the
following requirements are met:
(1)
The
licensee has registered its delivery service with the City in the
form and manner required by the City Clerk.
(2)
The
licensee's employee or agent making the delivery has completed all
BASSET training required for making deliveries of alcoholic liquor
under the Liquor Control Act of 1934.
(3)
The
licensee's employee or agent making the delivery is at least 21 years
of age.
(4)
The
licensee may not take an online or telephone order for alcoholic liquor
from any person that the licensee reasonably knows or should know
to be less than 21 years of age. The licensee must have reasonable
processes in place to ensure that persons under the age of 21 are
not allowed to place online or telephone orders for alcoholic liquor.
(5)
The
licensee's employee or agent making the delivery must verify that
the person to whom the delivery is made is 21 years or older. The
employee agent making the delivery must require identification, proof
of age and the signature of the individual to whom delivery is made.
The licensee must maintain a record of all deliveries, which must
include the name of the delivery driver, name of the purchaser, the
address where delivery was made, the name, date of birth, and signature
of the person to whom delivery was made, and a list of all alcoholic
liquor items delivered. The licensee must retain the delivery record
for at least six months and must make the record available for examination
and copying immediately upon request by the City of Bloomington Police
Department or the Local Liquor Commissioner.
(6)
Delivery
may not be made to any person who is intoxicated.
(7)
The
delivery may not occur outside of the hours where the sale of alcoholic
liquor is authorized for a Class PA, PB or PBP license in the City
of Bloomington.
E.
Any violation
of this section is a violation of the conditions of the licensee's
Class PA, PB or PBP license. In addition to any other fine, penalty,
revocation or suspension, the Local Liquor Commissioner may suspend
or revoke the licensee's authority to provide curbside pickup or off-premises
delivery. Any such revocation or suspension must be made in accordance
with the provisions of this chapter pertaining to license revocation
or suspension.
F.
A retailer that is licensed by the Town of Normal to sell and deliver alcoholic liquor may make deliveries to locations in the City of Bloomington if the retailer meets all requirements of Subsection D of this section, with the exception of the requirement that the retailer must hold a Class PA, PB or PBP liquor license; instead, the retailer must hold a Normal license that permits sale of packaged alcohol for consumption off -premises. The delivery under this Subsection F may occur if the Town of Normal has adopted regulations to provide that a violation of Subsection D of this section is a violation of the retailer's license.
G.
If the
Town of Normal has adopted regulations to allow the delivery of alcoholic
liquor by licensees of the City of Bloomington to locations in the
Town of Normal, then it is a violation of the licensee's Class PA,
PB or PBP license if the licensee makes a delivery to a location in
the Town of Normal in contravention of any regulation of the Town
of Normal regarding delivery.
H.
The restrictions of Subsection D do not apply to alcoholic liquor that is shipped through the U.S. Mail or any interstate freight shipping company.
I.
Through
December 31, 2021, the Mayor is authorized to approve extension of
premises requests, including allowing consumption of alcoholic liquor
on a City right-of-way or property, related to the City's outdoor
dining regulations and/or orders where such are not inconsistent with
state law.
[Added 6-28-2021 by Ord.
No. 2021-52]
J.
Through December 31, 2021, separate and apart from the provisions
of this section, the Mayor may allow curbside pickup and off-premises
delivery of alcoholic liquor, including "to go" mixed drinks/cocktails
and single servings of wine, by executive order as authorized by state
law. The executive order issued by the Mayor may be inconsistent with
the provisions of this section.
[Added 6-28-2021 by Ord.
No. 2021-52]
[Ord. No. 1997-58; amended 10-23-2023 by Ord. No. 2023-107]
The following types of entertainment
are prohibited in establishments holding liquor licenses:
A.
Card games, dice games, or any other game
that may encourage gambling that is illegal under state law.
B.
Conduct that exposes the following to public
view:
(1)
Human genitals and pubic regions;
(2)
Human buttocks, perineum and anal region;
(3)
Human breast below a point immediately
above the areola;
(4)
Human genitals in a discernible turgid
state, even if completely and opaquely covered;
(5)
Acts of human masturbation, sexual intercourse,
sodomy, bestiality, oral copulation, flagellation, or any other sexual
acts prohibited by law;
(6)
Fondling, touching, or caressing human
genitals, pubic regions, buttocks and/or breasts.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
Except in the case of hotels, clubs,
and assisted-living facilities, no alcoholic liquor shall be sold
at retail upon the premises which has any access which leads from
such premises to any other portion of the same building or structure
used for dwelling or lodging purpose and which is permitted to be
used or kept accessible for use by the public. This provision shall
not prevent any connection between such premises and such other portion
of the building or structures which is used only by the licensee,
their family, and personal guests.
[Ord. No. 1992-102]
The Mayor of the City shall be the
local Liquor Control Commissioner and shall be charged with the administration
of the appropriate provisions of the Illinois Liquor Control Act,
of this chapter, and of such Ordinances, Resolutions, and rules and
regulations relating to alcoholic liquor as hereafter may be adopted.
The local Liquor Control Commissioner
shall have the following powers and duties:
A.
Recommend the granting, fining, suspending
or revoking. To recommend to the City Council the creating and granting
of licenses and to fine licensees and/or to suspend or revoke for
cause all licenses created under this chapter for premises within
the local Liquor Control Commissioner's jurisdiction.
[Ord. No. 1992-102]
B.
Right of entry.
(1)
To enter any time into any premises licensed
hereunder to determine whether any of the provisions of the Illinois
Liquor Control Act or of this Code or any other laws or of any rules
and/or regulations adopted by the Commissioner or by the State Commission
have been or are being followed or violated by any person. This authorization
provision also applies to law enforcement officers and any member
of the Liquor Commission.
(2)
It shall be the responsibility and duty
of any license holder and of any employee, agent or other representative
of a license holder to enable and permit the Liquor Commissioner,
any member of the Liquor Commission and any law enforcement officer
to enter a licensed establishment at any time before or after the
closing time and the failure to do so shall be a violation of this
Code.
[Ord. No. 1992-102]
C.
Exercise powers, etc. Granted Under State
Law, Etc. To exercise all the powers, functions and duties which now
or hereafter may be granted to them by the Illinois Liquor Control
Act regulations of the Illinois State Liquor Control Commission, or
by this chapter.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
D.
Liquor Commission. The local Liquor Commissioner
may appoint one or more persons to the Bloomington Liquor Commission
to assist them and such person(s) shall have any and all of the authority
the Commissioner has in the exercise of the powers and the performance
of the duties provided for the local Liquor Control Commissioner.
[Ord. No. 1982-102; amended 10-23-2023 by Ord. No. 2023-107]
E.
Fine and/or suspension or revocation of
license. To fine any licensee and/or to suspend or revoke any license(s)
issued under this chapter for any of the following reasons:
(1)
That the licensee has violated any of the
laws of the United States relating to the sale of alcoholic liquor
or any of the provisions of the Illinois Liquor Control Act, of this
chapter, or any applicable rules and regulations adopted by the local
Liquor Control Commissioner or by the State Commission.
(2)
The willful making of any false statement
as to a material fact in the application for such license or in any
change of ownership application or request or affidavit for the renewal
of any license. Making a false statement shall include not making
a complete statement of all relevant facts which relate to the situation.
(3)
The permitting of any violation of state
law or Bloomington City Code by any person upon the licensed premises.
(4)
Failure to use and maintain the licensed
premises in compliance with all codes and regulations pertaining to
health and safety applicable within the City of Bloomington, including
but not limited to Building, Plumbing, Electrical and Fire Codes,
Zoning Ordinances, McLean County Health Ordinances, and all regulations
and orders of the McLean County Health Department.
(5)
The refusal of any licensee to testify
under oath to all relevant and material questions propounded to them
at any hearing conducted by the local Liquor Control Commissioner.
[Amended 10-23-2023 by Ord. No. 2023-107]
(6)
Suspension or revocation of the license
of the licensee by the State Commission.
(7)
Payment by the licensee of the special
federal tax imposed under Section 4411 (Wagering) or Section 4461
(Coin Operated Gaming Devices) of the Internal Revenue Code of 1954,
as amended.
(8)
Maintaining or operating a dram shop on
any premises registered as a place of business where activities are
carried on which make the person or persons carrying on such activities
subject to the special federal tax on wagering. (Section 4411 of said
Internal Revenue Code).
(9)
Having on the premises where the licensee
carries on their business any coin operated gaming device subject
to the special federal tax imposed under Section 4461 of said Internal
Revenue Code, whether or not said tax is paid.
[Amended 10-23-2023 by Ord. No. 2023-107]
(11)
Failure to adhere to any changes or requirements imposed as a condition of being issued by the City Council pursuant to § 6-107 or by the Liquor Commissioner pursuant to [Sec. 4D] of this chapter.
[Ord. No. 1992-102]
(12)
Failure to pay any food and beverage,
package liquor, hotel, utility or other taxes due to the City of Bloomington.
[Ord. No. 2018-05]
F.
Conditions on license. The Liquor Commission may require changes in the licensee's operations in addition to or in lieu of assessing a fine and/or suspending a license for any of the reasons stated in § 6-142E. Such changes may include, but are not limited to:
(1)
Restricting the hours of sale;
(2)
Adding exterior lighting;
(3)
Erecting fencing;
(4)
Patrolling the premises;
(5)
Restricting the sale of single serving
sizes of all types or a particular type of alcohol for consumption
off of the premises;
(6)
Requiring employee training;
(7)
Establishing a minimum number of employees;
(8)
Limiting the number and/or location of
signs.
[Ord. No. 2004-2]
G.
Fines.
(1)
Each fine imposed hereunder may not be
less than $250 nor more than $3,500. A separate fine may be imposed
for each violation and each day that the activity of a violation occurs
or continues shall be a separate violation for which a separate fine
may be assessed.
(2)
Fines shall be payable in the manner indicated
in any Order which results from a hearing or as the Liquor Commissioner
may otherwise specify in writing and the failure to pay any part of
a fine as so indicated or specified may result in the license being
similarly suspended or revoked by the Liquor Commissioner. The licensee
may request a hearing on such action but pending a hearing and a decision
thereon by the Liquor Commissioner, the license shall remain suspended
or revoked. It shall be the duty of each licensee who makes a fine
payment as indicated or specified to request a hearing at the earliest
possible time to explain the situation and request that license(s)
not be suspended or revoked as provided for herein or for any other
reason. Any fine may be collected in court.
[Ord. No. 2004-2]
H.
Examination of applicants, licensees and
records.
[Ord. No. 1982-90; amended 10-23-2023 by Ord. No. 2023-107]
(1)
To examine or cause to be examined under oath any applicant or any representative of an applicant for a local license or for a renewal thereof or any licensee (see Subsection G) and to hear testimony and take proof of any witness or person having information about the issues being considered and to consider any other relevant evidence and for such purposes to issue subpoenas which shall be effective in any part of the State.
(2)
Each licensee involved in a hearing for a possible violation of this Code or other law(s) shall provide to the Liquor Commissioner at their request a copy of the income statement and/or any other requested financial statement of the involved establishment for a reasonable period of the past of not less than one year and the failure to do so shall be a violation of this Code. This provision is not intended to be a limitation of the authority of the Liquor Commissioner under Chapter 43, Illinois Revised Statutes (See Ch. 43, Sec. 126a[2]).
[2]
Editor's Note: See 235 ILCS 5/6-10.
I.
Investigation of complaints, etc. To receive
the complaint of any resident of the City and to investigate upon
such complaint or to investigate upon their own initiative any alleged
action of any law of the United States relating to the sale of alcoholic
liquor or any of the provisions of the Illinois Liquor Control Act
or of this Code, or any applicable rules and regulations adopted by
the local Liquor Control Commissioner or by the State Commission.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
J.
Rules and regulations. To make, promulgate,
alter, amend, repeal, and enforce such reasonable rules and regulations
relating to the administration and enforcement of the provisions of
this chapter as may be deemed by them to be desirable.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
K.
Ordering the License Classification of any establishment to be changed upon application as provided in § 6-109 of this chapter or upon their own initiative if they find, after hearing evidence, that an establishment fails to qualify for the license it holds.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
L.
To issue temporary emergency orders regulating, restricting or prohibiting
the sale of alcoholic liquor in all or a part of the City of Bloomington
whenever an emergency exists or is reasonably anticipated. Prior to
issuing an emergency order, the Liquor Commissioner shall execute
a finding describing the nature and extent of the emergency or the
reasonably anticipated emergency. Any emergency order issued pursuant
to such finding shall be reasonably related to the protection of persons
from injury, the protection of property from damage or destruction,
the promotion of temperance in the consumption of alcoholic liquor,
or otherwise rationally related to the promotion of the health, safety
and welfare of the citizens of Bloomington. Emergency orders shall
be effective from the time of issuance for a period not to exceed
48 hours. The order shall be publicly disseminated, delivered to affected
licensees, and filed with the City Clerk. No person shall disobey
an emergency order.
[Added 3-28-2011 by Ord.
No. 2011-16]
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
A.
For the
purpose of administering and enforcing the provisions of this chapter,
and proposing amendments thereto to the City Council, the local Liquor
Control Commissioner may, at their discretion, hold public hearings
at any time within the City concerning any matters embraced or which
may be embraced within this chapter.
B.
Hearings
conducted for the purpose of administering and/or enforcing the provisions
of this chapter shall be conducted by the Liquor Commissioner or by
a hearing officer designated by said Commissioner.
A.
A certified court reporter shall at the
public hearing take the complete record of all evidence, testimony
and comments and, upon notification by the Commission, shall prepare
a certified official record of the proceedings suitable for filing
with the State Liquor Control Commission and that all reviews of the
proceedings of the Commission be on the record. The cost of taking
the certified official record of the proceedings shall be shared equally
between the Commission and the licensee, with payment of the licensee's
share to be made to the City of Bloomington at or before the time
the Order of the Commission becomes effective.
[Ord. No. 2010-29]
B.
Each licensee who is appealing an Order
which results from a hearing shall pay 1/2, or an equal amount with
the City and multiple appealing respondents, of any certified court
or certified shorthand reporter's fee for the original transcription
of the hearing record for the appeal. Each licensee shall make this
payment to the City within seven days after the transcribed record
is sent to the appellate commission or court as part of the appeal.
If any additional transcripts are requested from the reporter or obtained
by the Liquor Commission, any party to the hearing or any other person(s),
each shall pay the reporter's fee for each transcript or copy of the
record which is requested or otherwise obtained.
C.
If a City employee transcribes the record
of a hearing from a tape recording of the hearing or otherwise, the
fee therefor shall be computed at the same rate as the prevailing
rate for the transcription of records by a certified court or certified
shorthand reporter and shall be paid in the same proportionate amount
and manner as indicated herein for such transcripts. The computation
of the amount and the payment of these fees shall not be affected
by problems associated with the recording system other than as the
number of pages may be reduced as a result thereof.
[Ord. No. 1992-102]
[Ord. No. 1992-102]
Wherever in this chapter the term
"Mayor" is used, the same rights, privileges, and duties shall apply
to the Liquor Control Commissioner of the City.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
The Liquor Control Commissioner of
the City shall be permitted to expend not to exceed $1,000 annually
in the performance of their duties under this Ordinance.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
In all cases where, in the opinion
of the Mayor or City Council, the public peace is likely to be endangered
by the keeping open of such places where intoxicating liquor is sold
at retail, it shall be lawful for the Mayor to issue their proclamation
under the seal of the City, commanding and enjoining all persons so
licensed by said City, and their servants and agents, to close such
places of business for such time as the said Mayor or City Council
may deem necessary and neither to sell, give away, or suffer to be
drunk any of said liquors in or about their premises during the time
mentioned in said proclamation; and if any person shall disobey said
proclamation by keeping open such place of business, or by selling,
giving away, or suffering to be drunk in or about their premises any
of said liquors, they shall forfeit and pay the sum of $1,000.
[Ord. No. 1992-102]
Every lot, parcel, or tract of land,
and every building, structure, establishment or place whatsoever,
together with all furniture, fixtures, ornament and machinery located
therein, wherein there shall be conducted any unlawful sale of any
alcoholic liquor or in any other manner used in violation of any of
the provisions of this article is hereby declared to be a public nuisance
and shall be abated as provided by the laws of this State for the
abatement of public nuisances.
[Ord. No. 1992-102]
All of the provisions of the Illinois
Liquor Control Act and of the rules and regulations issued by the
Illinois Liquor Control Commission which are or may hereafter be in
force, which are applicable to the City, are hereby incorporated into
and declared to be a part of this chapter the same as if they were
expressly set forth herein.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
A.
In all prosecutions under this chapter
it shall not be necessary to state the kind of liquor sold, nor to
describe the place where sold, nor to show the knowledge of the principal
to convict them for the acts of any agent or servant.
B.
Every act or admission of any nature constituting
a violation of any of the provisions of this act by any officer, director,
manager, agent or employee of any licensee shall be deemed and held
to be the act of such licensee and said licensee shall be punishable
in the same manner as if such acts or admissions had been done or
admitted by them personally. In all cases, persons to whom intoxicating
liquors shall be sold in violation of the provisions of this chapter
shall be competent witnesses.
[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107]
Any person, firm or entity violating
any provision of this chapter shall, unless otherwise provided in
this chapter, be fined not less than $250 nor more than $2,000 for
each offense; and a separate offense shall be deemed to have occurred
on each day during or on which a violation occurs or continues.
[Ord. No. 1992-102]
Each section, paragraph, sentence,
clause and provision of this Ordinance is separate and if any provision
is held unconstitutional or invalid for any reason, such holding shall
not affect the remainder of this Ordinance or any part thereof.
