City of Bloomington, IL Chapter 6 Alcoholic Beverages

§ 6-101 [Ch. 6, Sec. 1] Definitions.

[Amended by Ord. No. 2004-2; Ord. No. 2009-49; Ord. No. 2011-02; Ord. No. 2012-16; 10-23-2023 by Ord. No. 2023-107; 12-11-2023 by Ord. No. 2023-112; 8-26-2024 by Ord. No. 2024-067; 3-24-2025 by Ord. No. 2025-024]

Unless the context otherwise requires, the following terms as used in this article shall be construed according to the definition given below.

ALCOHOL

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.

ALCOHOLIC LIQUOR

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.

BEER

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.

CATERING

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.

CHANGE OF OWNERSHIP

A. 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;

B. A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or

C. 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.

CLUB

A. A patriotic or veterans' society organized under the laws of the United States or the State of Illinois; and

B. 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:

(1) Is affiliated with a national club or organization and/or clubs or organizations in all 50 states; or

(2) Maintains eating, golf and swimming facilities on club premises for the use of members and their guests; or

(3) 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.

ENTITY

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.

ESTABLISHMENT

The building, structure, premises and/or patio included in the site or floor plan approved for the primary liquor license.

EXTENSION OF PREMISES

Authorization to sell or serve liquor at an on-premises event outside of the standard operating establishment.

FORTIFIED WINE

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.

GAS STATION GROCERY CONVENIENCE STORE

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.

HOTEL

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.

KEG

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.

LICENSEE/LICENSE HOLDER

The individual or organized licensee or license holder and any officer, associate, member, representative, agent or employee of a licensee or license holder.

ORIGINAL PACKAGE

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.

REDUCTION IN CLASSIFICATION

A. Reduction of a primary liquor license classification from all types of alcohol permit to a beer and wine-only license; or

B. The elimination of Sunday sales from the license classification.

RESIDENT OF THE CITY

Any person living in the City for a period of not less than one calendar year.

RETAIL SALE

The sale for use or consumption and not for resale.

SALE

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:

A. The selling of liquor;

B. The giving away of liquor;

C. The dispensing of liquor;

D. The providing of mix, ice, water or glasses for the purpose of mixing drinks containing alcoholic liquor for consumption on the same premises;

E. The pouring of liquor;

F. The providing of "setups" containing alcoholic liquor;

G. The storage of any alcoholic beverage.

SINGLE SERVING SIZE

An original package that contains 40 ounces or less of alcoholic liquor.

SPIRITS

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.

TO SELL

Includes to keep or expose for sale and to keep with intent to sell.

UNFORTIFIED, WINE

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.

VENUE

A theater, opera house, performing arts center, auditorium, concert/music hall, event/banquet hall, pool hall, sports arena/stadium/facility, 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.

WINE, BEER AND SPIRITS TASTING

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:

A. 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.

B. A maximum of two tastings may be conducted during any week.

C. Each tasting shall have a maximum duration of four hours.

D. No tasting shall take place after 9:00 p.m.

E. All samples shall be poured by the licensee, an employee of licensee or a licensed Registered Tasting Representative.

F. No tastings shall occur at premises of license holders with a GPB or GPA license.

§ 6-102 [Ch. 6, Sec. 2] License required; change of ownership approval; temporary extension of license to buyer.

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]

B. It shall be illegal for any person described in such Subsection A to engage in any activity described in Subsection A in violation of any term, or condition of any liquor license.

[Ord. No. 1983-105]

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]

(1) The buyer(s)/new ownership entity must have filed with the City Clerk a liquor license application; and

(2) The buyer(s)/new ownership entity must request the extension in a letter to the Mayor wherein the reasons for the request are stated.

§ 6-103 [Ch. 6, Sec. 3] Applications.

[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.

§ 6-104 [Ch. 6, Sec. 4] Disqualification for license.

[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]

§ 6-105 [Ch. 6, Sec. 4A] Notice and hearing on an application for creation of license; inspection of premises.

[Amended by Ord. No. 1992-102; 10-23-2023 by Ord. No. 2023-107; 8-26-2024 by Ord. No. 2024-067; 3-24-2025 by Ord. No. 2025-024]

A. Notice.

(1) Upon the filing of an application for the 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, unless a 500 feet notice is requested or required as hereinafter provided.

(2) 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.

(3) Any member of the Liquor Commission or City Council shall, at their discretion, request a notice of 500 feet to be required regardless of the amount of time a liquor license has been active or inactive at the requested location.

(4) 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.

B. All applications for the creation of liquor licenses shall be subject to a comprehensive review by the relevant departments of the City of Bloomington and McLean County, which includes inspection of proposed premises and investigation of the background, including criminal history, of all applicants. The approval of any licenses is contingent upon full compliance with all applicable building codes, health regulations, and safety standards as set forth by the City of Bloomington and McLean County authorities.

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.

D. Report to Council. After conducting a hearing on an application for the 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.

E. The Liquor Commission shall not be required to conduct a hearing on applications for Bring Your Own Beverage licenses (Class "BYOB-1" and "BYOB-2"), catering licenses (Class "W"), secondary premises licenses (Class "SA" and "SB"), or nonprofit licenses (Class "NPA" and "NPB"). The Mayor, or their designee, may grant such licenses with or without a hearing before the Commission and the City Clerk may issue a "BYOB-1," "BYOB-2," "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.

§ 6-106 [Ch. 6, Sec. 4B] Creation of new license - findings.

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:

(a) The layout and design of the establishment, including such factors as:

[1] The number of video gaming machines relative to the customer seating capacity of the establishment; and

[2] The square footage of space devoted to video gaming relative to the amount of space devoted to other activities;

(b) Whether the probable revenue derived from the establishment will be primarily from video gaming;

(c) The number of employees at the establishment and their proposed function;

(d) Other relevant factors.

[Ord. No. 2013-13]

(15) The recommendation of the Liquor Commission.

[Ord. No. 2013-13]

C. All licenses created hereby are subject to issuance by the Mayor, at their discretion, as provided in 235 ILCS 5/4-4 and § 6-142 of this chapter.

[Ord. No. 2013-13; amended 10-23-2023 by Ord. No. 2023-107]

§ 6-107 [Ch. 6, Sec. 4C] Conditions of creation.

[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.

§ 6-108 [Ch. 6, Sec. 4E] Permits for licenses.

[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.

§ 6-109 [Ch. 6, Sec. 4F] Change of license classification.

[Ord. No. 2012-73; amended 10-23-2023 by Ord. No. 2023-107; 3-24-2025 by Ord. No. 2025-024]

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 the creation of a new liquor license as set forth in the Schedule of Fees. 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.

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. All applications for change in liquor license classification shall be subject to comprehensive review by the relevant departments of the City of Bloomington and McLean County. The approval of any license modifications is contingent upon full compliance with all applicable building codes, health regulations, and safety standards as set forth by the City of Bloomington and McLean County authorities.

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.

D. The Liquor Commission shall not be required to conduct a hearing on applications for reductions in license classification as defined in § 6-101 of this chapter. The Mayor, or their designee, may administratively approve such applications.

§ 6-110 [Ch. 6, Sec. 5] Location restrictions.

[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.

§ 6-111 [Ch. 6, Sec. 6] License fee payment and penalty, termination on failure to pay, reinstatement of licenses and advance license fee payment refunds.

[Ord. No. 1984-54; amended 7-8-2019 by Ord. No. 2019-53; 10-23-2023 by Ord. No. 2023-107; 10-14-2024 by Ord. No. 2024-079]

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 fiscal 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 dates. 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.

(1) Annually paid liquor licenses: April 1.

(2) Semiannually paid liquor licenses: October 1 and April 1.

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.

D. Upon the termination of any liquor license or licensed business for any reason, the license fee shall not be refunded.

§ 6-112 [Ch. 6, Sec. 7A] Classification.

A. All licenses shall be classified as follows:

(1) Class "BYOB-1" (Bring Your Own Beverage - Restaurant License) primary licenses authorizing the consumption of alcoholic liquor brought onto the premises by a patron over the age of 21 for on-premises consumption at a restaurant that does not otherwise possess a City liquor license.

[Added 8-26-2024 by Ord. No. 2024-067]

(a) For purposes of this section, a restaurant shall be defined as a 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.

(b) The following conditions shall apply:

[1] BYOB-1 shall be permitted in conjunction with the purchase and consumption of a meal;

[2] BYOB-1 shall be limited to no more than one 750-milliliter bottle of wine, 36 ounces of beer, or three ounces of spirits per patron;

[3] BYOB-1 shall be limited to the licensed premises;

[4] BYOB-1 licensees may provide glassware and ice to patrons, and may uncork, pour, serve, or otherwise control the consumption of the alcoholic liquor;

[5] Any employee responsible for serving alcoholic liquor or checking identification must be appropriately trained in accordance with state law and local ordinance;

[6] Upon application, BYOB-1 licensees shall provide to the City a bond and certificate of insurance reflecting coverage for dram shop or equivalent liability for BYOB service;

[7] Possession and/or consumption of alcoholic liquor by any person under age 21 is prohibited; and

[8] Video gaming shall be prohibited in establishments that possess a BYOB-1 license.

(2) Class "BYOB-2" (Bring Your Own Beverage - Non-Restaurant/Complimentary Service License) primary licenses authorizing the consumption of alcoholic liquor brought onto the premises by a patron over the age of 21 for on-premises consumption at a business that is not a restaurant and does not otherwise possess a City liquor license. Class BYOB-2 also authorizes the complimentary service of alcoholic liquor to patrons over the age of 21.

[Added 8-26-2024 by Ord. No. 2024-067]

(a) For purposes of this section, "complimentary service" shall be defined as alcoholic liquor provided to patrons over the age of 21 free of charge subject to the conditions set forth in Subsection A(2)(b).

(b) The following conditions shall apply:

[1] BYOB-2 shall be permitted in conjunction with the purchase or consumption or potential purchase or consumption of the goods or personal services offered by the business in its normal course of operations;

[2] BYOB-2 shall be limited to no more than one 750-milliliter bottle of wine, 36 ounces of beer, or three ounces of spirits per patron;

[3] BYOB-2 and complimentary service shall be limited to the licensed premises;

[4] BYOB-2 shall only be available to businesses or premises with occupancy of no more than 50 patrons;

[5] BYOB-2 licensees may provide glassware and ice to patrons, and may uncork, pour, serve, or otherwise control the consumption of the alcoholic liquor;

[6] Any employee responsible for serving alcoholic liquor or checking identification must be appropriately trained in accordance with state law and local ordinance;

[7] Upon application, BYOB-2 licensees shall provide to the City a bond and certificate of insurance reflecting coverage for dram shop or equivalent liability for BYOB service;

[8] Possession and/or consumption of alcoholic liquor by any person under age 21 is prohibited; and

[9] Video gaming shall be prohibited in establishments that possess a BYOB-2 license.

(3) 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]

(4) 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]

(5) 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:

[1] Entertainment venues are defined under § 6-101 of this chapter;

[2] Video gaming shall not be included within the definition of entertainment; and

[3] Revenues from video gaming shall not be counted as gross sales from entertainment for purposes of determining whether an entertainment license shall be issued, revoked, or renewed.

(6) 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:

[1] Entertainment venues are defined under § 6-101 of this chapter;

[2] Video gaming shall not be included within the definition of entertainment; and

[3] Revenues from video gaming shall not be counted as gross sales from entertainment for purposes of determining whether an entertainment license shall be issued, revoked or renewed.

(7) 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:

[1] Agricultural and related products, including, but not limited to, fresh produce, meat, juice, and cheese;

[2] Value-added food products, such as baked goods, flavored honey, jams, and salsa; or

[3] Crafts, such as handmade ornaments, candles, soaps, jewelry, etc.

(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.

(d) Tasting shall be defined as set forth in § 6-101 (Ch. 6, Sec. 1) of this chapter and subject to the rules set forth therein.

(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.

(8) Class "GPA" (Gas Station Grocery 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 gas station 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; amended 8-26-2024 by Ord. No. 2024-067]

(9) Class "GPB" (Gas Station Grocery 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 gas station 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; amended 8-26-2024 by Ord. No. 2024-067]

(10) 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]

(11) 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]

(12) 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]

(13) 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]

(14) 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.

(15) 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]

(16) Class "PAP" (Packaged Sales - All Types of Alcoholic Liquor, On or Off Premises) primary licenses authorize the retail sale on the specified premises of all types of alcoholic liquor in original packages for consumption on or off the premises where sold. This class of license shall only be available to grocery 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.

[Added 8-26-2024 by Ord. No. 2024-067]

(17) 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 grocery 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; amended 8-26-2024 by Ord. No. 2024-067]

(18) 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]

(19) 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]

(20) 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]

(21) 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]

(22) 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.

[Ord. No. 2018-37; amended 10-23-2023 by Ord. No. 2023-107[2]]

[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.

(23) 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]

(24) 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]

(25) 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]

§ 6-113 [Ch. 6, Sec. 7B] License fees.

[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.

§ 6-114 [Ch. 6, Sec. 8] Catering licenses - 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.

§ 6-115 [Ch. 6, Sec. 8A] Annexation of territory.

[Ord. No. 1974-124; amended 10-14-2024 by Ord. No. 2024-079]

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 April 30 when it may be renewed by the Mayor as a City license.

§ 6-116 [Ch. 6, Sec. 9] License to be posted - lost license.

[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.

§ 6-117 [Ch. 6, Sec. 10] Disposition of fees.

[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.

§ 6-118 [Ch. 6, Sec. 11] List.

[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.

§ 6-119 [Ch. 6, Sec. 12] Nature of license or permit for license; renewals; cessation of operations.

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]

§ 6-120 [Ch. 6, Sec. 13] Renewal; application, payment of license fees.

[Ord. No. 1992-102; amended 12-11-2023 by Ord. No. 2023-112; 10-14-2024 by Ord. No. 2024-079]

A. On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.

B. On May 1, 2026, the standard twelve-month licensing cycle will resume running concurrent with the City's fiscal year. All applications for the renewal of a license going forward shall be made in writing to the City Clerk not later than April 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 April 1 of each year, an affidavit stating that such facts and statements have not changed.

C. 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.

D. 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.

§ 6-121 [Ch. 6, Sec. 14] Change of location; temporary extension of premises.

[Ord. No. 1992-102; amended 10-23-2023 by Ord. No. 2023-107; 1-27-2025 by Ord. No. 2025-010]

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, or their designee, may issue to a primary license holder 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, 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. A temporary extension of premises, as defined in § 6-101, may be granted to a primary liquor license holder.

(1) Applications. An application, made on forms provided by the City Clerk, 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.

§ 6-122 [Ch. 6, Sec. 15] Peddling.

It shall be unlawful to peddle alcoholic liquor in the City.

§ 6-123 [Ch. 6, Sec. 16] Sanitary conditions.

[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.

§ 6-124 [Ch. 6, Sec. 17] Signs.

[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.

§ 6-125 [Ch. 6, Sec. 18] Employees - diseases - age limits.

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]

§ 6-126 [Ch. 6, Sec. 19] Solicitation of drinks prohibited.

[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.

§ 6-127 [Ch. 6, Sec. 20] Serving, etc., to persons in motor vehicles.

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

(4) A permanent § 6-131 sign must be posted in such a manner that it is clearly visible and it must be kept readily readable by all persons who are in a vehicle which is in the transfer area.

[Ord. No. 1992-102]

C. All of the actions specified in Subsection A for curbside pickup and off-premises delivery of alcoholic liquor shall be subject to the conditions provided in § 6-138.1 of this chapter.

[Added 9-23-2019 by Ord. No. 2019-73]

§ 6-128 [Ch. 6, Sec. 21] Closing hours - Sunday sales.

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]

§ 6-129 [Ch. 6, Sec. 22] Open containers - not to be removed from premises.

[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.

§ 6-130 [Ch. 6, Sec. 23] Sale, possession and transportation of kegs.

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]

§ 6-131 [Ch. 6, Sec. 24] Warning signs to be posted.

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]

§ 6-132 [Ch. 6, Sec. 25] Bond and insurance requirements; termination of licenses.

[Amended by Ord. No. 1992-102; 10-23-2023 by Ord. No. 2023-107; 9-22-2025 by Ord. No. 2025-069]

A. With the exception of City-owned facilities holding liquor licenses, 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.

§ 6-133 [Ch. 6, Sec. 26] No sale, gift or delivery to or by a person under the age of 21 years or an incompetent - illegal purchase or procurement - illegal possession - parents' responsibility.

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:

(1) Possession of beer and wine by persons over the age of 21 is permitted at Prairie Vista Golf Course, The Den at Fox Creek Golf Course and Highland Golf Course pursuant to Chapter 31, § 31-701, of the Bloomington City Code.

[Ord. No. 2013-95]

(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:

[1] Has occurred in two or more consecutive years and is held by the same event organizers;

[2] Requests no substantial changes from previous years;

[3] Has obtained a special event permit; and

[4] Has had no previous violation, enforcement or public safety issues or concerns.

(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]

§ 6-134 [Ch. 6, Sec. 27] No underage or intoxicated person in licensed premises - exceptions and burden of proof.

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]

(b) If legally employed by the license holder of the premises or by an authorized representative thereof as provided in § 6-125 of this chapter and if the person is actively performing their duties as a legal employee at the time in question;

(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]

(b) If legally employed by the license holder of the premises or by an authorized representative thereof as provided in § 6-125 of this chapter and if the person is actively performing their duties as a legal employee at the time in question.

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]

§ 6-135 [Ch. 6, Sec. 28] Determination of age and identity - falsification - checking as defense - burden of proof.

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]

§ 6-136 [Ch. 6, Sec. 29] Alcohol education training requirements.

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]

§ 6-137 [Ch. 6, Sec. 30] No alcoholic liquor in passenger area of automobile with broken seal.

[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.

§ 6-138 [Ch. 6, Sec. 31] No gambling or disorderly conduct permitted.

[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.

§ 6-138.1 [Ch. 6, Sec. 32] Curbside pickup and off-premises delivery.

[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]

§ 6-139 [Ch. 6, Sec. 33] Entertainment.

[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.

§ 6-140 [Ch. 6, Sec. 34] Access from licensee's premises to dwelling quarters.

[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.

§ 6-141 [Ch. 6, Sec. 36] Local Liquor Control Commissioner - designated; enforcement of state law, ordinances, etc.

[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.

§ 6-142 [Ch. 6, Sec. 37] Same - powers and duties generally.

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]

(10) Permitting any gambling device or equipment to be located on the licensed premises, except for devices and equipment licensed and operated in accordance with the Video Gaming Act, 230 ILCS 440/1, et seq.[1]

[Ord. No. 2012-50]

[1] Editor's Note: See now 230 ILCS 40/1 et seq.

(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]

§ 6-143 [Ch. 6, Sec. 38] Same - hearings.

[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.

§ 6-144 [Ch. 6, Sec. 38A] Record of hearings - costs.

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]

§ 6-145 [Ch. 6, Sec. 39] Mayor - Liquor Control Commissioner.

[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.

§ 6-146 [Ch. 6, Sec. 40] Investigation expense.

[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.

§ 6-147 [Ch. 6, Sec. 41] Mayor may close by proclamation - penalty.

[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.

§ 6-148 [Ch. 6, Sec. 42] Abatement of place used in violation.

[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.

§ 6-149 [Ch. 6, Sec. 43] Adoption of state law.

[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.

§ 6-150 [Ch. 6, Sec. 44] Evidence - accountability - witnesses.

[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.

§ 6-151 [Ch. 6, Sec. 45] Penalty.

[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.

§ 6-152 [Ch. 6, Sec. 46] Severability.

[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.