[HISTORY: Adopted by the President and Board of Trustees of the Village of Brownstown 8-20-2019 by Ord. No. 2019-08-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 21, Liquor.
[Amended 5-17-2023 by Ord. No. 2023-05-02; 9-24-2024 by Ord. No. 2024-09-01]
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning:
ALCOHOL
The product of distillation of any fermented liquid, 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
Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by human beings. The provisions of this chapter will not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 0.005% or less of alcohol by volume.
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.
CLOSE
To shut up so as to prevent entrance or access by any person; and the entire suspension of business.
CLUB
A corporation organized under the laws of this state and not for 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 space and equipment and maintaining a sufficient number of employees for cooking, preparing and serving food and meals for its members and their guests; provided that such club files with the Mayor at the time of its application for a license under this chapter a list of names and residences of its members and provided 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.
CORPORATION
Any corporation, domestic or foreign, qualified to do business in the State of Illinois under the Business Corporation Act of Illinois.[1]
DISTILLED SPIRITS
See "spirits."
EVENT
A single theme.
HARD SELTZER
Any drink containing alcohol and carbonated water that has an ABV of no more than 11% that is not a cocktail and is contained in an original package from the manufacturer.
MANAGER or AGENT
Any individual employed by any licensed place of business, provided said individual possesses the same qualifications required of the licensee. Satisfactory evidence of such employment will be furnished to the Mayor in the form and manner as such commission shall from time to time prescribe.
MAYOR
The Local Liquor Control Commissioner as provided in the Illinois Compiled Statutes, Chapter 235, entitled "Liquor,"[2] and all references to "Liquor Commissioner" shall refer to the Mayor, unless otherwise provided.
MEAL
Food that is prepared and served on the licensed premises and excludes the serving of snacks.
ORIGINAL PACKAGE
Any bottle, flask, jug, can, cask, barrel, keg, hogshead 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.
PACKAGE LIQUOR STORE
Any public place where packaged liquors are offered for sale in the original, unopened container for consumption away from the premises.
PARTNER
Any individual who is a member of a copartnership. "Copartnership" means an association of two or more persons to carry on as co-owners of a business for profit.
PREMISES/PLACE OF BUSINESS
The place or location where alcoholic beverages are manufactured, stored, displayed, offered for sale, or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Not included are sidewalks, streets, parking areas and grounds adjacent to any such place or location.
PRIVATE FUNCTION
A prearranged private party, function, or event for a specific social or business occasion, either by invitation or reservation, and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function or event.
PUBLIC HOUSE
A public place where the sale and consumption of alcoholic spirits is primary and the sale of food is secondary and incidental to the sale and consumption of alcoholic spirits.
PUBLIC PLACE/PUBLIC PREMISES
Any premises enclosed or unenclosed, or partly enclosed and partly unenclosed, wherein any service or goods, chattels or merchandise are offered for sale to the public, or any such premises used as a clubhouse, club room or meeting place. The terms "public place" and "public premises" shall be interchangeable for the purposes of this chapter.
RESIDENT
Any person (other than a corporation) who has resided and maintained a bona fide residence in the State of Illinois for at least one year and in the county in which the premises covered by the license are located for at least 90 days prior to making application for such license.
RESTAURANT
Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. A public place where the sale and consumption of food is primary and the consumption of alcoholic spirits is secondary.
RETAILER
A person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form.
SALE
Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL
Any sale for use or consumption and not for resale in any form.
SPECIAL EVENT
An event conducted by an educational, fraternal, political, civic, religious or nonprofit organization.
SPECIAL EVENTS RETAILER
An educational, fraternal, political, civic, religious, or nonprofit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.
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.
WINE
Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
[2]
Editor's Note: See 235 ILCS 5/1-1 et seq.
(A) 
No person shall sell, keep or offer for sale at retail, or conduct any place for the sale at retail, of alcoholic liquor within the corporate limits of this municipality without having a license to do so, issued by the Mayor of this municipality in the manner hereinafter provided, and a valid license for such purpose issued by the Illinois Liquor Control Commissioner of the State of Illinois.
(B) 
A similar valid license issued by the Mayor of this municipality is hereby required for and with respect to each building, location and premises, within the location and premises of this municipality, at or upon which alcoholic liquor is to be sold or kept or offered for sale at retail.
(A) 
The Mayor is authorized to grant and issue licenses to individuals, firms, and corporations to keep and offer for sale at retail alcoholic liquors within the corporate limits of the municipality upon the conditions and in the manner provided by this chapter and by the Act of the General Assembly of Illinois, and not otherwise. Such license shall be in writing, signed by the Mayor and attested by the Municipal Clerk.
(B) 
Prior to issuance of a license, the applicant must submit to the Mayor an application, in triplicate, in writing and under oath, stating the following:
(1) 
The name, age, and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit or a club, the date of incorporation, a certificate of good standing issued by the Illinois Secretary of State, the object for which it was organized, the names and addresses of the officers, directors and the name of the person who will be managing the establishment for which the license is sought, and if a majority in interest of the stock of such corporation is owned by one person or his nominee, the address and name of such person.
(2) 
The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
(3) 
The character of business for the applicant and, in the case of a corporation, the objects for which it was formed.
(4) 
The length of time that the applicant has been engaged in the business of that character or, in the case of a corporation, the date on which its charter was issued.
(5) 
The location and description of the premises or place of business which is to be operated under such license.
(6) 
Whether the applicant has made similar application for a similar other license on premises other than described in the application and the disposition of such application.
(7) 
That the applicant has never been convicted of a felony and is not disqualified to receive a license by reasons of any matter or thing contained in the aforesaid Act of the General Assembly or in this chapter or resolution and amendments thereto.
(8) 
Whether a previous license issued to the applicant by any state or subdivision thereof, or by the federal government, has been revoked and the reasons therefor.
(9) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, of any ordinance of the Village in the conduct of his or her place of business.
(10) 
The amount of goods, wares and merchandise on hand at the time application is made.
(11) 
There is attached to this application a reproduced copy of the lease covering the premises for which a license is sought, if the person applying for the license does not beneficially own the premises.
(C) 
One copy of the application shall be retained by the Mayor, and one copy given to the Chief of Police; the Chief of Police shall endorse on the copies his approval or disapproval of the application and may make further comments regarding that application. The copies shall be returned to the Mayor, and the endorsement and comment of the Chief of Police shall be considered by the Mayor as an aid in deciding whether the license should be issued or refused.
The Mayor shall have the right to examine or cause to be examined, under oath, any applicant for a local license or for renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof for information in the performance of his or her duties, and for such purpose to issue subpoenas which shall be effective in any part of this state.
No retail license shall be issued by the Mayor to the following:
(A) 
A person who is not a resident of Fayette County, Illinois;
(B) 
A person who is not 21 years of age;
(C) 
A person who has been convicted of a felony under any federal or state law if the Mayor determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(D) 
A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution;
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(E) 
A person who has been convicted of pandering;
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(F) 
A person whose license has previously been revoked for cause;
(G) 
A person who, at the time of the application for renewal for any license issued hereunder, would not be eligible for such license upon first application;
(H) 
A copartnership, if any general partnership thereof or any limited partnership thereof owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason;
(I) 
A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 5% of such corporation, would not be eligible to receive a license hereunder for any reason other than the requirement for citizenship and residence;
(J) 
A corporation or limited-liability company, unless it is incorporated or organized in the State of Illinois, or unless it is a foreign corporation or foreign limited-liability company which is qualified under the Business Corporation Act of 1983[1] or the Limited Liability Company Act to transact business in Illinois;
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
(K) 
A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
(L) 
Any person, association, or corporation not eligible for a state retail liquor license;
(M) 
A person who is not of good character and reputation in the community in which he resides;
(N) 
A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor subsequent to the passage of this code or has forfeited his bond to appear in court to answer charges for any such violation;
(O) 
A person who does not own the premises for which a license is sought, or does not rent or have a written lease executed by the parties thereto for the full periods for which the license is to be issued;
(P) 
Any law enforcing public official, including members of local liquor control commissions, any mayor, alderperson, or member of the commission, any president of the village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted, in a city or village with a population of 55,000 or less, to any alderperson or member of a village board of trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, ii) the issuance of the license is approved by the State Commission, iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and iv) the official granted a license does not vote on alcoholic liquor issues pending before the board or council to which the license holder is elected. Notwithstanding any provision of this Subsection (P) to the contrary, an alderperson or member of a commission, a member of a village board of trustees other than the president of the village board of trustees, or a member of a county board other than the president of a county board may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law enforcing public official, a mayor, a village board president, or president of a county board. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the council or board over which he or she presides has made a local liquor control commissioner appointment that complies with the requirements of 235 ILCS 5/4-2.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(Q) 
A person who is not a beneficial owner of the business to be operated by the licensee;
(R) 
A person who has been convicted of a gambling offense as proscribed by 720 ILCS 5/28-1.1 or 720 ILCS 5/28-3, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(S) 
A person to whom a federal wagering stamp has been issued by the federal government for the current tax period; except those persons who are eligible to receive a license under the Raffles and Poker Runs Act,[2] being 230 ILCS 20/1 et seq. of the state's Pull Tabs and Jar Games Act;
[2]
Editor's Note: See 230 ILCS 15/0.01 et seq.
(T) 
A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in 235 ILCS 5/6-21(a);
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(U) 
A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this Subsection (U), a person who is licensed by any licensing authority as a “manufacturer of beer” shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer;
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(V) 
A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection (V), a person who is licensed by any licensing authority as a “manufacturer of beer” shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer; and
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
(W) 
A person who is not a citizen of the United States.
(A) 
Each liquor license shall terminate at 12:00 midnight on March 31 next following issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.
(B) 
With respect to a corporation operating an establishment for which a liquor license has been issued, should the manager of said establishment change after the issuance of said liquor license, the corporation must submit the new manager's name within 15 days. Continuation of the license will be contingent upon a background check of the new manager as set out in this chapter, and all fees shall be waived should the license be changed only as a result of a change of managers. If, for some reason, the manager is not acceptable, the licensee shall have 15 days to submit a new name before revocation. Failure to provide new information shall be grounds for suspension or revocation of said license.
[Amended 11-19-2019 by Ord. No. 2019-11-03; 7-19-2022 by Ord. No. 2022-07-01; 11-19-2024 by Ord. No. 2024-11-01]
The following licenses shall be available:
(A) 
Class "A" licenses (package store). "A" licenses shall authorize the retail sale of alcoholic beverages in closed containers and not for consumption on the premises.
(B) 
Class "B" licenses (club). "B" licenses shall authorize a club, as otherwise herein defined, to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.
(C) 
Class "C" licenses (restaurant). "C" licenses shall authorize a restaurant to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.
(D) 
Class "D" licenses (special event license).
(1) 
A "D" license shall authorize the retail sale of beer and wine for consumption on premises only and shall not authorize sale of sealed containers for off-premises consumption. This license shall be for a not-to-exceed-twenty-four-hour period on specifically described premises and not otherwise. The license is for special events only and shall be available only to civic, service, charitable and other not-for-pecuniary profit organizations. No alcoholic beverage may be sold or consumed within 25 feet of any public street open to vehicular traffic. No license shall issue unless a $500 cleanup deposit of $500 shall be made.
(2) 
The applicant shall participate in a meeting with the Mayor and Chief of Police. The purpose of said meeting shall be to discuss and review, in detail, the following:
(a) 
The proposed physical layout of the site of the event, including but not limited to the location and size of fences or other barriers used to secure the area, the location where alcoholic beverages will be served, the location and size of any stage that will be used for live entertainment, and the number and location of sound-amplification devices;
(b) 
The identity, training and background of any persons who will be responsible for security at the event;
(c) 
Any other aspects of how the applicant proposes to operate and manage the event that are related to ensuring that the event will not violate the requirements of this section or otherwise adversely impact on the health, safety and welfare of the public.
(3) 
The Mayor may consider the following characteristics of the event as proposed to determine whether to request meeting with the applicant ahead of the event and whether to recommend the imposition of additional security measures as a condition of the license:
(a) 
The size of the site for the event.
(b) 
The duration of the event.
(c) 
The number of persons that can reasonably be expected to attend the event.
(d) 
The event's proximity to residential areas.
(e) 
The event's proximity to public streets or other public rights-of-way.
(f) 
Whether live entertainment will be provided.
(g) 
The Police Department's or other municipalities' experience with similar events in the past.
(h) 
Any other characteristics of the event as proposed that could reasonably be expected to adversely affect the public health, safety and welfare in the absence of adequate security measures.
(E) 
Class "E" licenses (public house). "E" licenses shall authorize a public house as otherwise herein defined to sell all alcoholic beverages for consumption on the premises, but shall not authorize sale of sealed containers of alcoholic beverages for off-premises consumption.
(F) 
Class "F" licenses (limited consumption/package). "F" licenses shall authorize the retail sale of beer and wine for consumption on premises and shall authorize sale of sealed containers of alcoholic beverages for off-premises consumption.
(G) 
Class "G" licenses (limited package convenience store). "G" licenses shall authorize the sale at retail sale by a convenience store of beer, wine, hard seltzers, and wine coolers, and the limited sale of two drinks (wine, wine coolers, hard seltzers, and beer – other than tall boys) per twenty-four-hour period for consumption on the premises within an area restricted for video gaming purposes under the provisions of the Illinois Video Gaming Act (250 ILCS 40/1 et seq.). No more than 10% of the annual sales on the premises shall be for alcoholic liquor; the annual fee for such license shall be $1,000.
(1) 
The premises shall be a convenience store having a gross floor area of not less than 3,000 above grade square feet which primarily sells food, beverages and convenience items often in conjunction with other uses such as a filling station or restaurant which other uses shall be considered the principal use.
(2) 
The total floor and cooler space dedicated for the display of beer, wine, hard seltzers, and wine coolers is limited to not more than 20% of the gross floor area of the convenience store.
(3) 
The display area of beer, wine, wine coolers, and hard seltzers shall be compact and confined in a single area approved by the local liquor control commissioner.
(4) 
Beer, wine, hard seltzers, and wine coolers (other than tall boys) shall not be sold in quantities of less than four cans or bottles to any customer.
(5) 
Each transaction for the sale of beer, wine, hard seltzers, and wine coolers shall be with point-of-sale equipment that shall scan the identification of the customer as to verify age.
(6) 
Window signs used for advertising the sale of beer, wine, hard seltzers, and wine coolers shall be limited to 20% of the permitted total window sign area.
(7) 
Window signs used for advertising the sale of beer only shall be limited to 20% of the permitted total window sign area.
(H) 
Class "H" licenses (bar/extended premises license; consumption sales and package sales). "H" licenses shall entitle the license holder to make consumption sales and package sales of alcoholic liquor, except that this classification shall not be construed so as to permit package sales without also making consumption sales. Furthermore, for purposes of this Class "H" license, consumption sales shall be secondary to package sales and shall not exceed 15% of the licensee's total gross sales or revenues of alcoholic liquor for any quarter of any year. For purposes of the regulation of a Class "H" license, the licensed premises may include the enclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided that said enclosed area or property outside such permanent structure is specifically designated in said Class "H" license. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.
(1) 
Class "H" licenses will permit the licensee to operate video gaming terminals upon the premises, subject to the following conditions:
(a) 
Any person who displays a video gaming terminal for play or operation by the public shall have, as a prerequisite to receiving any Class "H" license from the city, a valid license issued by the State Gaming Board for each such video gaming terminal. The cancellation, suspension or revocation of any such license for the State Gaming Board shall result in the automatic cancellation, suspension or revocation of the city's Class "H" license without refund of any portion of the license fee. An applicant for the Class "H" license shall submit to the Village Clerk a copy of the license issued by the State Gaming Board for each video gaming terminal to be played or operated on the licensed premises.
(b) 
Any liquor license issued by the city to any liquor licensee pursuant to this chapter, including but not limited to any licensed fraternal establishment or licensed veterans' establishment (as defined in the Video Gaming Act, 230 ILCS 40/5), that displays a video gaming terminal for play or operation within its premises in violation of this subsection shall be immediately revoked.
(c) 
No more than six video gaming terminals may be located on any Class "H" licensee's premises.
(d) 
Every Class "H" licensee shall comply with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., as amended, and all rules, regulations, and restrictions imposed by the State Gaming Board, as amended.
(e) 
The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited.
(f) 
Video gaming shall be located in a clearly demarcated area that is restricted to persons over 21 years of age.
(2) 
Class "H" license holders will be allowed live music (no full bands), six times per year.
(A) 
Class "A" License.
(1) 
The fee for a Class "A" license shall be $500.
(2) 
There shall be zero Class A licenses available at any one time.
[Amended 11-19-2019 by Ord. No. 2019-11-03]
(B) 
Class "B" License.
(1) 
The fee for a Class "B" license shall be $300.
(2) 
There shall be one Class B license available at any one time.
(C) 
Class "C" License.
(1) 
The fee for a Class "C" license shall be $500.
(2) 
There shall be two Class C licenses available at any one time.
(D) 
Class "D" License.
(1) 
The fee for a Class "D" license shall be $1,000.
(2) 
There shall be one Class D license available at any one time.
(E) 
Class "E" License.
(1) 
The fee for a Class "E" license shall be $1,000.
(2) 
There shall be no Class E licenses available at any one time.
(F) 
Class "F" License.
[Added 11-19-2019 by Ord. No. 2019-11-03]
(1) 
The fee shall be $1,000.
(2) 
There shall be zero Class F license available at any one time.
[Amended 7-19-2022 by Ord. No. 2022-07-02]
(G) 
Class "G" licenses:
[Added 7-19-2022 by Ord. No. 2022-07-01]
(1) 
The fee shall be $1,000.
(2) 
There shall be one Class G license available at any one time.
(H) 
Class "H" license.
[Added 7-19-2022 by Ord. No. 2022-07-02]
(1) 
The fee shall be $1,500.
(2) 
There shall be one Class "H" license available at any one time.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
The holder of a Class D license shall, within 24 hours of termination of the license term, remove from the license site and any adjoining public or private property all refuse, litter and garbage arising directly or indirectly from the presence of persons upon the licensed premises. Upon written application, the twenty-four-hour period may be extended by the local Liquor Control Commissioner for a definite period of time for good cause shown. Good cause shall include, but not be limited to, natural disasters and extreme weather conditions. In the event that a Class "D" license holder does not remove all refuse, litter, debris and garbage as above required, within the twenty-four-hour period, or the extension of that period, the Village may, after 24 hours' notice, remove all refuse, litter, debris, garbage and the like from the property used for the event. Any cleanup costs incurred by the Village shall be deducted from the refund of the cleanup deposit. The refund, if any, shall be paid to the licensee within 30 days of occurrence of the special event.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
A license issued under this chapter shall be purely a personal privilege, good for not to exceed one year after issued, unless sooner revoked as in this chapter authorized and provided, and shall not constitute property nor shall it be subject to attachment, garnishment or execution; nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, 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 licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such licensee. Except in the case of a non-beverage-user's license, a refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
Every licensee under this chapter shall cause the license to be framed and hung in plain view in a conspicuous place on the licensed premises.
The Mayor shall keep a complete record of all licenses issued and shall supply the Clerk, Treasurer and Chief of Police a copy of the same. Upon issuance or revocation of a license, the Mayor shall give written notice to these same officers within 48 hours.
Liquor license fees shall be tendered at the time application is made. If the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be delivered to the City Treasurer for deposit.
A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Mayor. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this state and the ordinances of the Village.
All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption.
Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter, by any officer, director, manager or other agent or employee of any licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by it, him or her personally.
It is unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious venereal disease, and it is unlawful for any person who is afflicted with, or a carrier of, any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor.
No license shall be issued for the sale at retail of any alcoholic liquor, beer, ale, stout or lager beer on any premises situated within 200 feet of any church, school, hospital, home for aged persons, institutional home for veterans, their wives or children, provided that this provision shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on. This provision shall also not apply to club licenses applied for by church-related clubs and organizations.
In premises in which the sale of alcoholic liquor for consumption upon the premises is licensed (other than a restaurant, hotel or club), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises or inside such premises which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no screen, partition, or other obstruction or any arrangement of light or lighting shall be permitted in or about the interior of such premises which shall prevent a full view of the interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continually lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any of such licensed premises required by the foregoing provisions shall be willfully obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this section, the Mayor shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as above required.
(A) 
No person under the age of 21 years shall purchase or obtain any alcoholic liquor in any tavern, retail liquor store, or other place in the Village where alcoholic liquor is sold.
(B) 
No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any tavern, retail store or other place where alcoholic liquor is sold in the Village.
(C) 
Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession.
(D) 
If a licensee or his or her agents or employees believes, or has reasons to believe, that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(E) 
No licensee or his or her agents or employees shall sell, give or deliver any type of alcoholic liquor or beverage to any person under the age of 21 years, or to any intoxicated person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(F) 
Every such tavern, retail liquor store, or other place in the Village where any alcoholic liquor is sold for beverage purposes shall display at all times, in a prominent place, a printed card to be issued by the Village Clerk; which said card shall read as follows:
WARNING TO PERSONS UNDER 21 YEARS
You are subject to a fine up to $500 under the Municipal Code of Brownstown if you purchase any alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining the same.
It shall be unlawful for any person to do or commit any of the following acts within the Village; to wit: drink any alcoholic liquor on any public street, alley, sidewalk, park or other public way, unless upon premises then subject to a duly issued liquor license.
(A) 
It shall be a violation of this chapter by the licensee to sell, offer for sale at retail or give away alcoholic liquor between the hours of 12:00 midnight and 8:00 a.m. on Monday, Tuesday, Wednesday, Thursday, and Friday, and between the hours of 1:00 a.m. and 8:00 a.m. on Saturday, and between the hours of 1:00 a.m. and 12:00 noon and 9:00 p.m. and 12:00 midnight on Sunday, within any premises licensed under this chapter.
(B) 
It shall be a violation of this chapter by the licensee to admit the public into any premises licensed under this chapter during the hours within which the sale of alcoholic liquors is prohibited by this chapter. This subsection shall not apply to premises licensed holding Class "A" and "C" licenses.
(C) 
It shall be a violation of this chapter by the licensee for any person to consume alcoholic liquor within any premises licensed under this chapter on Saturday after 1:30 a.m. and before 8:00 a.m., and on Sunday after 1:30 a.m. and before 12:00 noon, and after 9:30 p.m. and between the hours of 12:00 midnight and 8:00 a.m. on Monday, and between the hours of 12:30 a.m. and 8:00 a.m. on all days other than Saturday, Sunday and Monday.
(D) 
It shall be a violation of this chapter by the licensee for any person not the licensee, the spouse of the licensee, or the employees of the licensee to be or remain in any premises licensed under this chapter, except workers or others present under emergency circumstances, between 12:00 midnight and 8:00 a.m. on Monday, between 12:30 a.m. and 8:00 a.m. on Tuesday, Wednesday, Thursday and Friday, after 1:30 a.m. and before 8:00 a.m. on Saturday, and 1:30 a.m. Sunday until 12:00 noon Sunday, and 9:30 p.m. Sunday. This Subsection (D) shall not apply to premises holding Class "A" and "C" licenses.
(E) 
Time used in this chapter shall be the time generally adopted by the federal government which shall be Central Standard Time and Central Daylight Saving Time.
(F) 
Notwithstanding the specific provisions of Subsection (A) above, and any other or additional subsections of this chapter, it shall not be a violation of this chapter by the licensee to sell, offer for sale at retail or give away alcoholic liquor between the hours of 9:00 p.m. and 12:00 midnight on any December 31 or for persons to consume alcoholic liquor within any premises licensed under this chapter on any December 31 between the hours of 9:00 p.m. and 12:00 midnight. Nor shall it be a violation of this chapter to sell, offer for sale at retail or give away alcoholic liquor on any January 1 between the hours of midnight and 1:00 a.m. or for persons to consume any alcoholic liquor within any premises license under this chapter on any January 1 between the hours of 12:00 midnight and 1:30 a.m. or for persons not the licensee, the spouse of the licensee, employees of the licensee or workmen or others present under emergency circumstances to be or remain in any premises licensed under this chapter between 9:00 p.m. on December 31 and 1:30 a.m. on January 1.
(G) 
Notwithstanding the specific provisions of Subsection (A) above, and any other or additional subsections of this chapter, it shall not be a violation of this chapter by the licensee to sell, offer for sale at retail or give away alcoholic liquor between the hours of 9:00 p.m. and 12:00 midnight on Sunday, July 4 or for persons to consume alcoholic liquor within any premises licensed under this chapter on Sunday, July 4 between the hours of 9:00 p.m. and 12:00 midnight. Nor shall it be a violation of this chapter for persons to consume alcoholic liquor within any premises licensed under this chapter on Monday, July 5 between the hours of 12:00 midnight and 12:30 a.m. or for persons not the licensee, the spouse of the licensee, employees of the licensee or workmen or other present under emergency circumstances to be or remain in any premises licensed under this chapter between 9:00 p.m. on Sunday, July 4 and 12:30 a.m. on Monday, July 5.
(H) 
Notwithstanding the specific provisions of Subsection (A) above, and any other or additional subsections of this chapter, it shall not be a violation of this chapter by the licensee to sell, offer for sale at retail or give away alcoholic liquor between the hours of 12:00 noon and 10:30 p.m. on Super Bowl Sunday. Nor shall it be a violation of this chapter for persons to consume alcoholic liquor within said premises during that time period, or for the licensee or its employees to be present or remain within the premises during said time period.
The privilege of selling alcoholic liquor pursuant to a license issued under the provisions of this chapter may be exercised only within the confines of the specifically described, totally enclosed building for which the license has been issued. Persons consuming alcoholic liquor sold at retail, pursuant to licenses permitting sale at retail, may only consume the liquor within the confines of the closed building. Holders of a Class "C" license are exempt from this prohibition.
No entity granted a license by the Village may operate pursuant to the license except upon proof of possession of dram shop insurance with coverage limits of not less than $1,000,000/$5,000,000 limits for the entirety of the license term.
The Mayor may suspend or revoke any retail liquor dealer's license for any violation of this chapter or for the violation of any other Village ordinance upon the licensed premises or for the violation of any statute of the state pertaining to the sale of alcoholic liquor or for any violation of the Criminal Code[1] of the state.
[1]
Editor's Note: See 720 ILCS 5/1-1 et seq.