[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Editor's Note: This ordinance also repealed former Ch. 21,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.
For the purpose of this chapter, the following definitions apply
unless the context clearly indicates or requires a different meaning:
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.
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.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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.
To shut up so as to prevent entrance or access by any person;
and the entire suspension of business.
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.
Any corporation, domestic or foreign, qualified to do business
in the State of Illinois under the Business Corporation Act of Illinois.[1]
See "spirits."
A single theme.
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.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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.
Food that is prepared and served on the licensed premises
and excludes the serving of snacks.
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.
Any public place where packaged liquors are offered for sale
in the original, unopened container for consumption away from the
premises.
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.
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.
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.
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.
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.
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.
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.
A person who sells or offers for sale alcoholic liquor for
use or consumption and not for resale in any form.
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.
Any sale for use or consumption and not for resale in any
form.
An event conducted by an educational, fraternal, political,
civic, religious or nonprofit organization.
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.
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.
Includes to keep or expose for sale and to keep with intent
to sell.
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.
(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.
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.
[Added 11-19-2019 by Ord.
No. 2019-11-03]
(G)
Class "G" licenses (limited package convenience store). "G" licenses
shall authorize the sale at retail sale by a convenience store of
beer only, and the limited sale of one beer 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.
[Added 7-19-2022 by Ord.
No. 2022-07-01]
(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
only is limited to not more than 20% of the gross floor area of the
convenience store.
(3)
The display area of beer only shall be compact and confined in a
single area approved by the local liquor control commissioner.
(4)
Beer shall not be sold in quantities of less than four cans or bottles
to any customer.
(5)
Each transaction for the sale of beer only shall be with point-of-sale
equipment that shall scan the identification of the customer as to
verify age.
(6)
(Reserved)
(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.
[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.
|
No person under the age of 18 years shall carry, deliver, or
service alcoholic liquor in any place where alcoholic liquor is sold
pursuant to a license issued by the Village.
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.
[1]
Editor's Note: Former § 21-2-23, Live Entertainment,
was repealed 7-19-2022 by Ord.
No. 2022-07-02.
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.
