[Ord. 156, 12-7-1981; amended by Ord. 845, 6-7-1999]
Unless the context otherwise requires, the following terms,
as used in this chapter, shall be construed according to the definitions
given below:
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, beer, and every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer,
and capable of being consumed as a beverage by a human being. The
provisions of this chapter shall 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 0.5% or less of alcohol by volume. No license
fee provided for in this chapter shall apply to wine intended for
use and used by any church or religious organization for sacramental
purposes; provided, that such wine shall be purchased from a licensed
manufacturer or importing distributor under this chapter.
Includes the owner of a sole proprietorship; each partner
and each person entitled to share in the profits of a partnership;
each officer, member of the board of directors, shareholder, general
manager, and registered agent in the state, and persons holding debenture
notes or other obligations of a corporation; all members, managers,
and the registered agent in Illinois of a limited liability company;
all officers, directors, the general manager and registered agent
in Illinois, of a corporation, and all persons beneficially interested
in a trust, either of which may be deemed the holder of a leasehold
interest or the owner of the premises where a licensee shall conduct
business under a liquor license granted under this chapter; and all
members and persons otherwise interested beneficially or members of
a not for profit corporation; the owner of a rental unit where a one
day sale of alcoholic liquor is to be sold in the rental unit or elsewhere
on the rented premises.
A beverage produced 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.
Every establishment or building or part of an establishment
or building, as the case may be, wherein the game of bowling is played
with a ball and 10 pins, of any substance or material, and has a minimum
of eight bowling lanes.
The City of Le Roy.
A patriotic or veterans' society organized under the laws of
the United States or the state of Illinois; or
A corporation or limited liability company organized under the
laws of the United States or the state of Illinois not for pecuniary
profit, but 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 local liquor control
commissioner at the time of its application for a license under this
chapter 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, his name and address; provided further, that the affairs and
management of the organization are conducted by a board of directors,
executive committee, or similar body chosen by the members at their
annual meeting and that no member or any officer, agent or employee
of the club is paid, or directly or indirectly receives, in the form
of salary or other compensation, any profits from the distribution
or sale of alcoholic liquor to the club or the members of the club
or its guests introduced by members beyond the amount of such salary
as may be fixed and voted at any annual meeting by the members or
by its board of directors or other governing body out of the general
revenue of the club and which:
Is affiliated with a national club or organization and/or clubs
or organizations in all 50 states; or
Maintains eating, golfing and swimming facilities on club premises
for the use of members and their guests; or
Is chartered as a not for profit corporation or limited liability
company and regularly and routinely restricts admittance to the premises
to members of the club and their guests.
An establishment in which there is a regularly employed,
full time and registered pharmacist, and where the principal business
is the sale of cosmetics, drugs, medicine and pharmaceutical prescriptions.
An establishment, the principal stock of which is one of
staple and fancy groceries and of which the principal business is
the sale and distribution of such stock.
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 where sleeping accommodations are
offered for adequate pay to travelers and guests, whether transient,
permanent or residential, in which 20 or more rooms are used for sleeping
accommodations of such guests, and, if food is served on the premises,
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;
provided, that 51% or more of the activity and/or 51% or more of the
activity based on a dollar volume of income on an annual yearly basis
of such establishment is not from the sale of alcoholic liquor at
retail, as determined by the local liquor control commissioner. This
definition includes motor hotels.
Any person under the age of 21 years.
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.
The property, including the ground and building or buildings,
owned, leased or controlled by an applicant for or holder of a license
issued in accordance with this chapter and upon which the applicant
or license holder conducts the licensed activities.
Any person living in the City of Le Roy for a period of not
less than 30 days.
Any public place kept, used, maintained, advertised and held
out to the public to be a place where meals are sold and served and
where meals are actually and regularly served, without sleeping accommodations;
said premises having thereon a seating capacity for a minimum of 40
patrons with adequate and sanitary kitchen and dining room equipment,
as defined under applicable building and zoning codes of the City
of Le Roy and McLean County, Illinois, and having employed therein
a sufficient number and kinds of employees to prepare, cook and serve
suitable food for its guests; provided, that 51% or more of the activity
and/or 51% or more of the activity based on a dollar volume of income
on an annual yearly basis for such establishment is not from the sale
of alcoholic liquor at retail, as determined by the local liquor control
commissioner.
The sale for the use or consumption of the item sold and
not for resale of the item sold.
The transfer, exchange, or barter in any manner by any means
whatsoever for consideration and includes and means all sales made
by any person, whether principal, proprietor, agent, servant or employee,
and includes, but is not limited to, all the following acts when done
for consideration:
The selling of liquor.
The giving away of liquor.
The dispensing of liquor.
The providing of mix, ice, water or glasses for the purpose
of mixing drinks containing alcoholic liquor for consumption on the
same premises.
The pouring of liquor.
The providing of setups containing alcoholic liquor.
The storage of any alcoholic beverage.
Any establishment not holding a Class A, B, C or D liquor
license, which engages in any of the activities described in the definition
of "sale" in this section.
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 keep or expose for sale and to keep with intent to sell.
Any alcoholic beverage, including vinaceous liquors, obtained
by the fermentation of the natural contents of fruits or vegetables,
containing sugar, when fortified by the addition of alcohol or spirits,
as those terms ("alcohol", "spirits") are defined in this chapter.
Any alcoholic beverage, including vinaceous liquors, 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 those terms ("alcohol", "spirits") are defined
in this chapter.
[Ord. 156, 12-7-1981; amended by Ord. 845, 6-7-1999; Ord. 12-08-05-50, 8-20-2012]
A.
Mayor Serve As: 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, rules and regulations relating to
alcoholic liquor as hereafter may be adopted.
B.
Powers And Duties: The local liquor control commissioner shall have
the following powers and duties:
1.
Generally:
a.
To grant, suspend, and revoke for cause, all licenses created under
this chapter for premises within the City's jurisdiction.
b.
To enter upon and to authorize any law enforcement officer to enter
at any time upon any premises licensed hereunder to determine whether
any of the provisions of the Illinois liquor control act or of this
Code, or any rules and regulations adopted by the local liquor control
commissioner or by the state commission have been or are being violated.
c.
To exercise all the powers, functions and duties which now or hereafter
may be granted to him by the Illinois liquor control act, regulations
of the Illinois state liquor control commission or by this chapter.
2.
Suspension And Revocation Of License; Reprimands And Fines: To suspend
and to revoke and to impose written reprimands and to levy fines as
to any license issued under this chapter for any of the following
reasons:
a.
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, or any of the provisions of this
chapter, or any applicable rules and regulations adopted by the local
liquor control commissioner or by the state commission.
b.
The wilful making of any false statement as to a material fact in
the application for a license under this chapter.
c.
The permitting of any violation of state law or this Code by any
person upon the licensed premises.
d.
Failure to use and maintain the licensed premises in compliance with
all codes and regulations pertaining to health and safety applicable
within the City, 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.
e.
Refusal of any licensee to testify under oath to all relevant and
material questions propounded to him at any hearing conducted by the
local liquor control commissioner.
f.
Suspension or revocation of the license of the licensee by the state
commission.
g.
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.
h.
Maintaining or operating a dramshop upon any premises registered
as a place of business where activities are carried on which make
the person carrying on such activities subject to the special federal
tax on wagering (Section 4411, Internal Revenue Code).
i.
Having on the premises where the licensee carries on his business
any coin operated gaming device subject to the special federal tax
imposed under Section 4461, internal revenue code, whether or not
said tax is paid.
j.
Permitting any gambling device or equipment used for the purpose
of gambling to be located on the licensed premises.
3.
Examination Of Applicants: To examine or cause to be examined under
oath any applicant for a local license or for a renewal thereof or
any licensee upon whom notice of hearing has been served, to hear
testimony and take proof for his information in the performance of
his duties and, for such purposes, to issue subpoenas which shall
be effective in any part of the state.
4.
Investigation Of Complaints: To receive the complaint of any resident
of the City and to investigate upon such complaint or to investigate
upon his own initiative any alleged violation 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.
5.
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 him to be desirable.
6.
Change In License Classification: To order the license classification
of any establishment to be changed upon application as provided under
this chapter or upon his own initiative if he finds, after hearing
evidence, that an establishment fails to qualify for the license it
holds.
C.
Certain Video Gaming Terminals Allowed: Nothing in this chapter shall
be construed to prohibit video gaming terminals operated in accordance
with the video gaming act, 230 Illinois Compiled Statutes 40/1 et
seq., and the regulations of the Illinois gaming board promulgated
thereunder, nor shall conduct authorized in accordance with the video
gaming act serve as a grounds for the suspension or revocation of
a license issued under this chapter.
[Ord. 156, 12-7-1981]
It shall be unlawful for any person, either by himself or his agent, or any person acting as an agent, barkeeper, Clerk, employee or servant of another to sell or offer for sale at retail any alcoholic beverage or engage in any "sale", as defined in Section 3-3-1 of this chapter, in the City or to operate a setup establishment without first having obtained a license to do so as provided in this chapter. It shall be unlawful for any such person to sell or offer for sale any intoxicating liquors, alcoholic or malt or vinaceous liquors, or engage in any "sale", as defined in Section 3-3-1 of this chapter, or to operate a setup establishment in violation of the terms and conditions of such license.
[Ord. 156, 12-7-1981; amended by Ord. 845, 6-7-1999; 2003 Code; Ord. 07-02-02-10, 2-5-2007]
Applications for licenses as required in accordance with this
chapter shall be made in writing to the City local liquor control
commissioner upon forms prepared and furnished by the City. Each application
shall be signed and verified by the written oath or affirmation of
the applicant, if an individual. If the applicant is a partnership,
all partners shall sign and verify the application. In the event the
applicant is a corporation, limited liability company or a club, all
officers or managers must sign and verify the application and indicate
their official position thereon. The information recited in the application
form must be verified as to each person signing the application. Such
application shall be submitted and filed with the City Clerk, together
with a nonrefundable filing fee in the amount of $175. The $175 application
fee includes the expense for the background investigation for one
individual. When more than one background investigation is required,
an additional fee of $50 will be assessed for each investigation required.
The 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 partnership, the persons entitled to share in the
profits thereof; and in the case of a corporation 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 corporation is owned by one person
or his nominees, the name and address of such person, and in the case
of a limited liability company for profit, the date of organization,
the objects or purposes for which it was organized, the names and
addresses of all managers and other officers, and, if a majority in
interest of the ownership of such company is owned by one person,
or his nominees, the name and address of such person.
B.
The citizenship of each applicant or member of the applying organization,
his place of birth, and if a naturalized citizen, the time and place
of his naturalization.
C.
The character of business of the applicant, and in case of a corporation
or club or limited liability company, 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 a club, limited liability company or corporation,
the date on which its charter was issued.
E.
The amount of goods, wares, and merchandise on hand at the time the
application is made.
F.
The location and description of the premises or 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, school, hospital,
home for the aged or indigent persons, or military or naval station.
G.
A statement whether applicant has made similar application for a
similar license on premises anywhere other than those described in
the current application and disposition of such previous application.
H.
Whether food for human consumption is to be sold in such place of
business if the application is allowed.
I.
A statement as to whether or not the applicant, or any owner of the
corporation or limited liability company applying, has ever been convicted
of any state or federal felony.
J.
Whether the applicant or any owner or member of the applicant is
the owner of the premises for which a license is sought and, if applicant
is not an owner or if one or more members or owners of the applicant
are not an owner of the premises, then the name of the landlord and
the terms of the lease.
K.
A statement of the business and employment history of the applicant
for the past 10 years.
L.
Whether a previous liquor license granted by any state or subdivision
thereof or by the federal government to the applicant or one of its
members or owners has been revoked and if so, the reasons therefor.
M.
A statement that the applicant, or its owners or members, will not
violate any of the laws of the state or of the United States, or any
ordinance of the City in the conduct of his place of business.
N.
A statement that the applicant will testify under oath to all competent,
relevant and material questions propounded to him or to agents, owners
or members of the applicant in any hearing conducted by the local
liquor control commissioner, either before or after the issuance of
a license to the applicant and that the applicant's failure or the
failure of agents for the applicant to so testify shall be sufficient
reason for the refusal to issue any such license to the applicant
or for the suspension or revocation of any license which has been
issued to the applicant.
[Ord. 156, 12-7-1981]
No liquor license provided for hereunder shall be issued to:
A.
A person not of legal age.
B.
A person who is not of good character and reputation in the community
in which he resides.
C.
A person who is not a citizen of the United States.
D.
A person who has been convicted of a felony which occurred during
the 10 years preceding the date of application for issuance of a liquor
license, or a person who has been convicted of a felony under any
federal or state law, if the local liquor control commissioner determines,
after investigation, that such person has not 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.
[Amended by 2003 Code]
G.
A person, club, corporation or limited liability company whose license
issued under this chapter has been revoked for cause.
[Amended by Ord. 845, 6-7-1999]
H.
A person who, at the time of application for renewal of any license
hereunder, would not be eligible for such license under a first application.
I.
A partnership, unless all of the members of such partnership shall
be qualified to obtain a license.
J.
A corporation, if any stockholder, officer, manager or director thereof
would not be eligible to receive a license hereunder for any reason
other than United States citizenship or residency in the City, or
if said corporation is not incorporated in Illinois unless it is a
foreign corporation which is qualified under the Illinois business
corporation act,[1] as amended, to transact business in the state of Illinois.
[Amended by Ord. 157, 12-21-1981]
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
K.
A limited liability company, if any member thereof would not be eligible
to receive a license hereunder for any reason other than United States
citizenship or residency in the City, or if said limited liability
company is not organized in Illinois, unless it is a foreign limited
liability company that is qualified under the Illinois limited liability
company act,[2] as amended, to transact business in the state.
[Amended by Ord. 845, 6-7-1999]
[2]
Editor's Note: See 805 ILCS 180/1-1 et seq.
L.
A person whose place of business is conducted by a manager or agent
unless said manager or agent possesses the same qualifications required
of the applicant.
M.
A person who has been convicted of a violation of any federal or
state law concerning the manufacture or sale of alcoholic liquor,
after the effective date hereof, or shall have forfeited his bond
by failure to appear in court to answer charges for any such violation.
N.
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.
O.
Any law enforcing public official, any public official of the City,
any Mayor or Alderman, and no such official shall be interested in
any way, either directly or indirectly, in the manufacture, sale or
distribution of alcoholic liquor.
P.
Any person, association or corporation or limited liability company
not eligible for a state retail liquor dealer's license.
[Amended by 2003 Code]
Q.
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. 156, 12-7-1981]
Each applicant desiring a liquor license shall submit with his
application a bond to the City in the penal sum of $1,000 conditioned
upon the faithful compliance with the terms of this chapter. Said
bond shall be accompanied by evidence of a surety on the bond, the
surety to be a solvent surety company licensed to do business in the
state of Illinois, to be approved by the local liquor control commissioner.
Said bond shall further be conditioned on the faithful observance
by the licensee of the provisions of the laws of the state of Illinois
and the United States of America applying to the sale and possession
of intoxicating liquor and shall further be conditioned upon the payment
of any judgment for damages and costs that may be recovered against
said licensee in accordance with the laws of the state and the ordinances
of the City.
[Ord. 156, 12-7-1981]
A.
Notices:
1.
Notice To Applicant: Upon the filing of an application for a liquor
license, the local liquor control commissioner shall fix a time and
place for hearing thereon. Notice of the hearing shall be given the
applicant not less than five days prior to the hearing.
2.
Notice To Public: Notice shall be given to the public of the time
and place for hearing on any application for a liquor license, said
notice to be published in a newspaper published in the City or if
no newspaper is published there, then in a newspaper of general circulation
in the City and to be published not less than five days prior to the
date of hearing.
[Amended by Ord. 290, 1-19-1987; 2003 Code]
3.
Notice To Police Department And County Health Department: The City
Clerk, upon receipt of an application for a liquor license, shall
send notice of such application to the police department of the City
and to the McLean County health department.
B.
Investigation Of Applicant: The police department shall investigate
the background, including criminal history information, of persons
interested in the application and shall report his findings to the
local liquor control commissioner at said hearing.
C.
Inspection Of Premises: The City local liquor control commissioner,
or such person as he may appoint, may inspect the premises sought
to be licensed, and said appointee shall report any findings to the
local liquor control commissioner prior to or at the hearing.
[Amended by 2003 Code]
D.
Hearing And Evidence: The local liquor control commissioner shall receive and may require such evidence as he may deem necessary to make findings based upon the standards and factual criteria outlined in Section 3-3-8 of this chapter.
E.
Findings Of Fact; Decision Of Local Liquor Control Commissioner: After conducting a hearing on an application for a license at which all interested persons have had an opportunity to speak, the local liquor control commissioner shall make written findings of fact and shall then make known, within a reasonable time after said hearing, his decision as to the issuance of the license applied for. The findings of fact shall be related to those factual criteria listed in Section 3-3-8 of this chapter.
[Ord. 156, 12-7-1981]
A.
In deciding whether issuance of a license when applied for is necessary,
the local liquor control commissioner shall consider:
1.
The class of liquor license applied for.
2.
Whether most of the establishment's anticipated gross revenue will
be from the sale of alcohol or other resources; it shall be required
that the principal business activity of the establishment is not the
sale of alcoholic liquor at retail except for Class A and Class B
licenses.
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
and the City as a whole.
6.
The probable demand for the proposed liquor establishment in the
City.
7.
The financial responsibility of the applicant and owners if applicant
is a partnership, corporation, limited liability company or association.
[Amended by 2003 Code]
8.
Whether the applicant intends to furnish live entertainment in the
establishment and, if so, the nature of such entertainment.
9.
Whether the proposed establishment poses any problems to the police
department or local liquor control commissioner in the enforcement
of City ordinances or state and federal laws.
10.
Whether the applicant, or if applicant is a partnership, corporation,
limited liability company, or association, then whether any partner,
officer, director, owner or member of the applicant, has ever held
a liquor license, and his performance as a licensee.
[Amended by Ord. 845, 6-7-1999]
11.
Whether a current City liquor license has been issued for the premises
sought to be licensed in the application.
12.
Whether the issuance of the license applied for would be in the best
interests of the City.
13.
Evidence of application for and approval of application for dram
shop insurance in such amounts as may be the minimum required under
any state law or under this chapter.
B.
Before a liquor license shall be granted to a corporation or a limited
liability company, the corporation or limited liability company shall
file with the local liquor control commissioner the name of the manager
of the premises for which the license is applied for, or the name
of any other agent who shall be involved with the business operated
at the premises for which (premises and business) the liquor license
is granted. The aforesaid manager or other agent shall have authority
to bind the corporation or limited liability company in regard to
matters between the City and the liquor license holder that may arise
in connection with the City's ordinances and the liquor license. The
local liquor control commissioner of the City shall determine if a
background check in regard to the manager or other agent shall be
required. Said person may be exempted from meeting the qualifications
requirements of the license applicant if the local liquor control
commissioner determines that requiring said individual to meet the
qualifications is not necessary.
[Amended by Ord. 384, 2-4-1991; Ord. 845, 6-7-1999; 2003 Code]
C.
If the local liquor control commissioner finds that any change in
applicant's plans is needed to meet the grounds for finding necessity
for the issuance of a license as applied for, the local liquor control
commissioner may make such change a condition of the creation of a
license, and the failure of the applicant at any time to adhere to
or perform such condition shall be grounds for revocation of the applicant's
license.
[Ord. 156, 12-7-1981]
A.
Issuance Of Permit: Whenever an applicant is not ready to begin immediate
operation, the application shall be considered and applied for as
provided herein. If the local liquor control commissioner approves
the application, he 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.
B.
Expiration Of Permit; Renewal: Permits for license shall expire 180
days from the date of creation or when exchanged for a license. Permits
may be renewed by the local liquor control commissioner for one period
not to exceed 180 days for good cause shown.
C.
Effect Of Permit: A permit created pursuant to this section 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 local liquor control commissioner.
[Ord. 156, 12-7-1981; amended by 2003 Code]
A.
Term: Liquor licenses are valid, provided all fees are paid and all
other conditions of this chapter are met, for a fiscal year beginning
May 1 and ending April 30 of the succeeding year.
B.
Payment Of License Fees: The fee to be paid shall be reduced in proportion
to the full calendar months which have expired during the fiscal year
in which the license is applied for. All license fees shall be paid
in full on an annual basis and must be paid on or before the last
day of the fiscal year preceding the year for which the license is
to be in effect. Fees for all licenses shall be paid to the City Clerk
by certified check, cashier's check, personal/business checks, bank
money order, personal money order or postal money order, and the proceeds
thereof shall be deposited in the general fund of the City.
[Ord. 156, 12-7-1981; Ord. 333, 12-5-1988; Ord. 648, 2-5-1996; Ord. 657, 3-18-1996; Ord. 686, 7-15-1996; Ord. 701, 9-16-1996; Ord. 845, 6-7-1999; Ord. 847, 6-7-1999; 2003 Code; Ord. 04-05-02-10, 5-17-2004; Ord. 07-10-04-50, 10-15-2007; Ord. 13-08-02-50, 8-19-2013; Ord. 16-07-02-50, 7-18-2016; 10-5-2020 by Ord. No. 20-10-01-50]
All licenses shall be and are hereby divided into the following
classes:
A.
Class A Licenses: Class A licenses shall authorize the retail sale
of alcoholic liquor on the specified premises for consumption on or
off the specified premises as follows.
1.
Class A License: Retail sale of alcoholic liquor on premises specified
for consumption on or off the specified premises, not including the
right to have Sunday sales. The annual fee for such license shall
be $1,100.
2.
Class A-S License: Retail sale of alcoholic liquor on the premises
specified for consumption on or off the specified premises, including
the right to have Sunday sales. The annual fee for such license shall
be $1,650.
B.
Class B Licenses: Class B licenses shall authorize the retail sale
of beer and wine on the specified premises for consumption on or off
the premises.
1.
Class B License: The retail sale of beer and wine on the specified
premises for consumption on or off the premises. The annual fee for
such license shall be $280.50.
2.
Class B-S License: The retail sale of beer and wine on the specified
premises for consumption on or off the premises, including the right
to have Sunday sales. The annual fee for such license shall be $555.50.
C.
Class C Licenses: Class C licenses shall authorize the retail sale
on the premises specified for consumption off the premises of alcoholic
liquors as follow:
1.
Class C/I License: Retail sale of alcoholic liquor on premises specified
for consumption off the premises, not including the right to have
Sunday sales. The annual fee for such license shall be $550.
2.
Class C/I-S License: Retail sale of alcoholic liquor on premises
specified for consumption off the premises, including the right to
have Sunday sales. The annual fee for such license shall be $825.
3.
Class C/II License: Retail sale of beer and fortified wine on the
premises specified for consumption off the premises, not including
the right to have Sunday sales. The annual fee for such license shall
be $280.50.
4.
Class C/II-S License: Retail sale of beer and fortified wine on the
premises specified for consumption off the premises, including the
right to have Sunday sales. The annual fee for such license shall
be $555.50.
D.
Class D Licenses:
1.
Class D licenses shall authorize the retail sale of alcoholic liquor
for consumption on the specified premises only.
2.
In order to meet the requirements for a Class D license, the holder
thereof must be able to prove, on any Sunday during the fiscal year,
May 1 through April 30 of the succeeding year, as well as in any given
calendar month, that sales of food in the licensed establishment (holding
a Class D license) account for at least 65% of the gross retail sales
of such establishment, and the sale of alcoholic liquor for consumption
on the premises did not exceed 35% of the gross retail sales for said
establishment during the designated time period (any Sunday, and any
given calendar month).
3.
The annual fee for such license shall be $1,100.
4.
The City shall have the right, by one of its employees, or by an
independent auditor, to audit the license holder's records showing
daily sales for any given preceding Sunday for as many as one Sunday
in each calendar month, during any twelve-month period, and also to
audit the books and records of any Class D license holder for any
designated calendar month (designated by the City) in any City fiscal
year up to as many as two months in each fiscal year. The City shall
give notice or cause notice to be given to the license holder not
less than two weeks in advance of the date on which the audit is intended
to be conducted. The audit shall be for a Sunday or month preceding
the date the notice is given. Each Class D license holder is hereby
required to keep his books and records in sufficient detail to enable
an accountant, certified public accountant, or other appropriate auditor
to be able to determine that the gross sales for the given time period
(a Sunday, or a one calendar month period) meet the 65% minimum gross
retail sales of food requirement in order to hold a Class D liquor
license. Failure to keep all appropriate financial records in such
manner shall be presumed prima facie to establish that the license
holder failed to meet the required 65% minimum test. This presumption
shall be a rebuttable presumption.
5.
Notwithstanding any other provision of this chapter, nor any other
provision in any other City ordinance, the holder of a Class D license
may sell alcoholic liquor within the terms of said license between
the hours of 12:00 noon and 11:00 p.m. on Sundays. Class D liquor
license holders, in addition to the foregoing, may sell alcoholic
liquor from 12:00 noon on December 31 until 1:00 a.m. on January 1.
6.
Catering: the holder of a Class D liquor license may also serve alcoholic
liquors at contracted catering events, but must do so in compliance
with any McLean County Health Department rules or regulations. Any
revenues or proceeds derived from catering services rendered will
be factored in when determining the percentage of gross retail sales
received by the license holder.
E.
Class W-P Licenses:
1.
Class W-P licenses shall authorize the retail sale of alcoholic liquor
on the specified premises for consumption only on the specified premises,
said consumption to be in connection with a specified event, such
as a wedding, reunion, family gathering or party, office party, and
the like, as may customarily be the type of gathering or occasion
for which a caterer and for which rented private premises would normally
be used in conjunction with each other. It shall be illegal for any
person, or other business entity, for compensation, to agree or contract
to rent a premises to another person or business entity and, in connection
with said rental, 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 at the aforesaid
rented location within the City without first having obtained a currently
valid W-P liquor license, which license shall not be granted other
than to holders of a currently valid Class A liquor license, Class
C/I* or C/II*, or Class D license. Holders of current Class A, Class
C/I* or C/II*, or Class D licenses may provide such services at the
premises for which the Class A, C/I*, C/II*, or D license is authorized
without obtaining a Class W-P license. Catering shall be deemed to
include the acts previously described in this subsection, as well
as the following:
a.
The giving away of liquor;
b.
The dispensing of liquor;
c.
The providing of mix, ice, water or glasses for the purpose of mixing
drinks containing alcoholic liquor for consumption on the same premises;
d.
The pouring of liquor;
e.
The providing of "setups" containing alcoholic liquor; and
f.
The storage of any alcoholic beverage in connection with any of the
preceding acts listed.
2.
Class W-P licenses shall be granted only to holders of other liquor
licenses as previously designated, and sales or dispensation of liquor
under the W-P category of licenses shall be limited to the types of
liquor which the companion license of the holder (Class A, C/I*, C/II*
or D) permits. Class W-P licenses shall be obtained in the same manner
and with the same types of information and hearing requirements as
are required for other types of licenses issued under this chapter.
3.
Persons or business entities operating under a W-P license may sell
liquor to the private person contracting for or obtaining the use
of the rental facility for the particular gathering or occasion for
use at the gathering or occasion, may provide bartenders and necessary
equipment and goods, or may permit the private person or group to
provide their own liquor or serving people and equipment (but no sale
of liquor by the private person or group to the attendees shall be
permitted).
4.
An appropriate certificate of insurance shall be required the same
as for other types of liquor licenses issued in accordance with this
chapter.
5.
The holder of a Class W-P license shall be subject to all of the
regulations and requirements of this chapter the same as the holder
of any other license issued hereunder, including suspension or revocation
by the local liquor control commissioner for the violation of any
law directly or indirectly associated with the sale or dispensation
of liquor in the City.
6.
The annual fee for each license issued under this class shall be
$275 per year.
7.
The license will only be granted as to a particular location other
than that for which the holder already has a valid license.
8.
The license will permit operation on a Sunday at the licensed location
only (even though the companion license may not permit Sunday sales),
will permit operation at any other time allowed by this chapter, and
will permit operation only for a private gathering limited to persons
having a common interest in the gathering or occasion and a common
association such as through the same employer, a family relation,
family and friends of two persons being married, family and friends
of persons celebrating a wedding anniversary, birthday, etc. The Sunday
hours shall be from 1:00 p.m. to 10:00 p.m. All catering sales shall
be subject to the same limitations as the Class D license, in other
words, 35% or less from sales of liquor, 65% or more from sales of
food and rent of the facility, and a record of the sales of food and
liquor and rent receipts shall be kept independent from any other
business records or sales of the applicant including from the business
for which the companion license has already been granted or is granted
at the same time. Such records shall be subject to audit requirements
the same as for a Class D license holder.
* In this subsection, Class C/I and Class C/II licenses shall
be deemed to include Class C/I-S and Class C/II-S licenses, respectively.
F.
Class W-C Licenses:
1.
A Class W-C license shall authorize the holder thereof to provide
catering services, including supplying, mixing, pouring or serving
of alcoholic beverages, provided the holder may charge the person
or entity for whom the catering services are being provided (said
person or entity being hereinafter referred to as the "contractor")
no more than the actual retail price of the alcohol provided by the
Class W-C license holder. Any Class W-C license holder who does not
have a license to sell alcohol may not charge more for the alcohol
than the Class W-C license holder paid for the alcohol. A Class W-C
license does not authorize the sale of alcoholic beverages. Alcoholic
beverages provided and served under a Class W-C license authorization
may be served on Monday through Saturday from 11:00 a.m. to 1:00 a.m.
the following day and from 12:00 noon on Sunday until 1:00 a.m. the
following day and at no other time. On December 31 of each year, such
services are authorized until 1:00 a.m. the following day.
2.
Activities and events at which a Class W-C license shall be considered
authority to supply and serve alcoholic beverages shall be specified
events such as weddings, reunions, family gatherings or family parties,
office parties, and the like, as may customarily be the type of gathering
or occasion for which a caterer would normally be used in conjunction
with providing food and beverages at a specific event. Catering shall
be deemed to include the following:
a.
The giving away of liquor;
b.
The dispensing of liquor;
c.
The providing of mix, ice, water or glasses for the purpose of mixing
drinks containing alcoholic liquor for consumption on the same premises;
d.
The pouring of liquor;
e.
The providing of "setups" containing alcoholic liquor; and
f.
The storage of any alcoholic beverage in connection with any of the
preceding acts listed.
3.
Class W-C licenses shall be obtained in the same manner as all other liquor licenses (including any state licenses) that may be required) and shall be valid for one year. However, in the event the Class W-C license applicant is already the holder of any other City liquor license, in good standing at the time the application is submitted for the W-C license, the requirements for hearing on the application and notice of that hearing, as well as a background check, are hereby waived, and the applicant need not pay the $110 application fee otherwise required in accordance with Section 3-3-4 of this chapter. In addition to the license, a Class W-C license holder shall, prior to catering any event in the City at which alcoholic beverages shall be served, register the event, at least seven working days prior to the event, with the City Clerk, pay a $55 registration fee (per event), and provide the following required information on an "event permit application" form:
a.
Location of the event;
b.
Estimated number of people expected to be in attendance;
c.
Name of person or organization sponsoring or holding the event;
d.
Proof of dramshop insurance for the particular premises;
e.
Clear details as to how the consumption of alcoholic beverages by
minors will be controlled;
f.
The names and addresses of all employees, officers, directors, shareholders
and partners of the applicant who will be pouring, mixing or serving
alcoholic beverages during the event; and
g.
If the estimated number expected to attend exceeds 50 persons, information
regarding restroom and parking facilities for guests.
Alcoholic beverages may not be provided or served by the Class
W-C license holder unless an event permit has been issued by the local
liquor control commissioner of the City, which permit will normally
be issued, or notice given that it will not be issued, not less than
two working days before the event.
4.
Class W-C license applications must be signed not only by the applicant,
but must also be signed by any employee of the applicant, or any partner,
shareholder, officer or director of the applicant, if any of the same
shall be actually involved in serving, mixing or pouring alcoholic
beverages. No minor employed by the applicant or acting as a director
or officer of the applicant, or a partner or shareholder of the applicant
shall qualify to serve, mix or pour alcoholic beverages at any catered
event.
5.
The Class W-C license holder shall immediately cease the sale and
serving of alcoholic beverages at any event if the City police department
informs the license holder that a violation of any of the following
City ordinances has occurred at the event:
a.
The Class W-C license holder has knowingly served alcohol to a person
under the age of 21 at the event in violation of this Code.
b.
If open and notorious possession or consumption of alcohol by one
or more persons leaving the event has occurred and the license holder
is aware of the violations or reasonably should have been aware of
the violations.
c.
Complaints from two or more persons or households have been received
by the police department in regard to a nuisance being created by
the noise from the event.
6.
Any event permit may be denied for any of the following reasons:
a.
Required information is not provided on the permit application; or
b.
The application is not timely filed; or
c.
A prior event sponsored by the individual entity or organization
sponsoring the event violated one or more City ordinances or caused
a disturbance; or
d.
A prior event catered by the Class W-C license holder violated City
ordinances; or
e.
The local liquor control commissioner determines that the provisions
for parking, restrooms or the prevention of the delivery of alcohol
to underage persons are inadequate and that a substantial risk to
the public health and welfare would result if the permit were issued.
7.
Should an event permit application be denied, the City Clerk shall
immediately notify the applicant of the denial. The applicant may
request a hearing on the denial which shall be held before the local
liquor control commissioner or his designee as soon as practical after
the demand for hearing has been made, in writing. An event permit
may be revoked by the local liquor control commissioner at any time
prior to the event if the local liquor control commissioner receives
information which he deems reasonable and trustworthy indicating that
the event application contained false information or that circumstances
have changed and some or all of the information set forth on the application
is no longer true.
8.
The City will recognize catering licenses issued by any other issuing
authority in McLean County, including the county of McLean, for the
purpose of eligibility for Class W-C licenses in the City to the same
extent that the other issuing authority recognizes Class W-C licenses
issued by the City. Only for Class W-C licenses and only to the extent
a reciprocal waiver is granted to residents of Le Roy by the other
liquor license granting jurisdiction, holders of similar catering
licenses from other jurisdictions need not apply for a City license,
need not meet any residency requirement but, upon inquiry, must be
able to establish they meet all other requirements to obtain a Class
W-C license, and must give proof of holding a valid similar license
from some other issuing authority in McLean County. Any violation
of a catering license by a license holder not holding a Class W-C
City license occurring in the City may be prosecuted in the City with
the sanctions of fines and denial of future Class W-C licenses within
the City.
9.
The annual license fee for such license shall be $110 for those persons
or entities who do not hold another classification of liquor license,
and $55 for any person having any other type of liquor license issued
by the City. A holder of any other liquor license from the City may
also own a Class W-C liquor license.
G.
Class E Licenses:
1.
Class E licenses shall authorize the retail sale of beer manufactured
on the premises in its original package for consumption off the premises;
and the sale of beer and wine for consumption on the premises. The
licensee shall:
a.
Maintain accurate records as to the total gallons of beer manufactured
on the premises and sold for consumption off premises, and provide
such records to the local liquor control commissioner upon request;
b.
Segregate the portion of the licensed premises dedicated to the manufacturing
of beer from the remainder of the premises, restricting public access
to the manufacturing area except during supervised tours; and
c.
Comply with all applicable federal, state, and local laws and regulations,
including, but not limited to, payment of applicable taxes, procurement
of any required federal brewer's notice, Illinois manufacturer's liquor
license, Illinois craft brewer's license, and all other required licenses
and permits concerning manufacture, packaging, storing, sale, and
distribution of alcoholic beverages.
2.
The annual fee for such license shall be $1,750.
[Ord. 156, 12-7-1981; amended 3-6-2023 by Ord. No. 23-03-02-50]
Only six Class A licenses may be issued and outstanding at any
one time in the City. All other classes of licenses are not restricted
as to number that may be issued.
[Ord. 156, 12-7-1981; amended by 2003 Code; Ord. 04-05-02-10, 5-17-2004]
Every person or establishment licensed in accordance with the
provisions of this chapter shall immediately post the license so issued
in a conspicuous place on the licensed premises and shall keep such
license so posted during all of the time said license is in force.
Whenever such license shall be lost or destroyed, a duplicate license
shall be issued upon application to the City Clerk at a charge of
$27.50.
[Ord. 156, 12-7-1981]
A.
Nontransferability Of License Or Permit For License: A license or
permit for license shall be purely a personal privilege, good for
not to exceed one fiscal year after issuance unless sooner revoked
as provided in this chapter, 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 or permit for license
shall not pass by the laws of the state of intestate succession or
under the laws of testate succession, but it shall cease upon the
death or dissolution 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 the 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 after 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.
B.
Renewal Of License:
1.
Any holder may renew his license at the expiration thereof, provided
he is qualified at such time as required by this chapter to receive
a license and the premises for which a renewed license is sought are
suitable for such activities.
2.
All applications for the renewal of a license shall be made in writing
to the local liquor control commissioner 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 license holder may file with the local liquor control commissioner,
not later than April 1 of each year, an affidavit stating that such
facts and statements have not changed.
C.
Cessation Of Operations: If such license expires or is terminated
in any manner provided in this chapter, said license shall cease to
exist, and the holder of the expired license shall immediately terminate
all activities regulated under this chapter.
[Ord. 156, 12-7-1981; amended by 2003 Code]
The local liquor control commissioner shall keep or cause to
be kept a complete record of all licenses issued by the commissioner,
and shall furnish the City Clerk, Treasurer and Police Chief each
with a copy thereof. Upon the issuance of any new license, or the
revocation of any old license, the local liquor control commissioner
shall give written notice of such action to each of these City officers
within 48 hours of such action.
[Ord. 156, 12-7-1981; amended by Ord. 07-10-04-50, 10-15-2007; Ord. 16-03-01-50, 3-7-2016]
A.
Location Restrictions:
1.
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet from any school, hospital, home for the aged
or indigent persons, or any military or naval station. The 100-foot
measurement provided in this Subsection A1 shall be measured from
the outside perimeter of the lot on which the establishment in which
alcoholic liquor is permitted to be sold sits to the perimeter of
the lot on which the school, hospital, home for the aged or indigent
persons, or military or naval station is located.
2.
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet from any church. The 100-foot measurement provided
in this Subsection A2 shall be measured from the outside perimeter
of the lot on which the establishment in which alcoholic liquor is
permitted to be sold sits to the nearest part of any building used
for worship service or educational programs and not to property boundaries.
B.
Change Of Location: A liquor license shall permit the sale of alcoholic beverages and sales, as defined in Section 3-3-1 of this chapter, only upon the premises described in the application and license; however, the local liquor control commissioner may authorize a licensee to operate temporarily at a location other than the premises at which said licensee is licensed to operate. Such permit shall be in writing, shall name the licensee, shall describe the temporary location (which shall not include street right of way) and shall state the hours of operation permitted at the temporary location. 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 laws of the state and the ordinances of the City.
C.
Annexed Land: If at any time subsequent to the effective date hereof
any territory is annexed to the City wherein a valid license issued
by the county is in existence, said license shall not be revoked or
invalidated as a result of the annexation of such territory but shall
be allowed to continue in the same manner as it was prior to such
annexation and shall continue until the following April 30 when said
license shall be renewed by the local liquor control commissioner
as a City license in the same manner as if the licensed activity had
originally been licensed under this chapter.
D.
View From Street:
1.
In premises upon which the sale of alcoholic liquor for consumption
on the premises is licensed (other than as a restaurant, hotel, motel
or club), no screen, blind, curtain, partition, article or thing shall
be permitted in the windows or upon the doors of such licensed premises
nor 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 booth, screen, partition or other obstruction
nor any arrangement of lights or lighting shall be permitted in or
about the interior of such premises which shall prevent a clear view
of the entire interior from the street, road or sidewalk.
2.
All rooms where liquor is sold for consumption on the premises shall
be continuously lighted during business hours by natural light or
artificial white lights so that all parts of the interior of the premises
shall be clearly visible.
3.
In case the view into any such licensed premises required by the
foregoing provisions shall be wilfully obscured by the licensee or
by him wilfully permitted to be obscured or in any manner obstructed,
then such license shall be subject to revocation in the manner provided
in this chapter.
4.
In order to enforce the provisions of this subsection, the local
liquor control commissioner shall have the right to require the filing
with him of plans, drawings and photographs showing the clearance
of the view as above required.
E.
Access From Licensee's Premises To Dwelling Quarters: Except in the
case of hotels and clubs, no alcoholic liquor shall be sold at retail
upon the premises if there is any access from the premises which leads
to any other portion of the same building or structure used for dwelling
or lodging purposes 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, his family and personal guests.
F.
Video Surveillance: Every licensed premises must comply with the
following video surveillance requirements:
1.
During the hours of operation of any licensed premises, and for two
hours following the hours of operation, the licensee shall maintain
video surveillance cameras in good working condition, and recording
an area 10 feet in width from any and all:
2.
The video surveillance cameras must be sufficiently light sensitive
and provide sufficient image resolution to produce images discernible
to the satisfaction of the City police department, local liquor commissioner,
or his or her designee.
3.
The video surveillance cameras must produce digital recordings at
a minimum of 15 frames per second.
4.
The licensee must notify the public of its use of video surveillance
equipment by posting reasonable notices on the premises, as determined
by the City police department, local liquor commissioner, or his or
her designee.
5.
Video recordings must be immediately produced to the City police
department, local liquor commissioner, or his or her designee.
6.
Video recordings must be produced on a recording medium satisfactory
to the City police department, local liquor commissioner, or his or
her designee.
7.
Video recordings must be indexed by dates and times, and preserved
for at least 45 days from the date of recording.
[Ord. 675, 6-17-1996; amended by 2003 Code; Ord. 08-08-01-10, 8-4-2008; 10-5-2020 by Ord. No. 20-10-01-50]
Sales and serving of alcoholic beverages for consumption on
the premises shall be allowed in outdoor areas when such areas meet
the following conditions and upon application to the local liquor
control commissioner for the City who, along with the City Council,
shall approve the application upon review of the proposal, to ascertain
that the outdoor area and the times that it shall be in use are in
accordance with the conditions and specifications hereinafter set
forth. Conditions and specifications required for permit to utilize
area to serve and sell alcoholic beverages outdoors are as follows:
A.
License In Good Standing Required: Applicant must already have a
City Class A, Class A-S, Class B, Class B-S or Class D license currently
in good standing with the City and state.
B.
Request For Outdoor Sales And Service: Formal, written request for an outdoor serving and sales area shall be submitted to the local liquor control commissioner and City Council for approval. This includes service or delivery to motor vehicles as outlined in Section 3-3-22B.
C.
Public Notice: Prior to consideration of the application by the City
local liquor control commissioner and by the City Council, notice
of the filing of the application and of the date, time and place at
which such application shall be formally considered by the local liquor
control commissioner and by the City Council shall be given in a newspaper
published in the City or if no newspaper is published there, then
in a newspaper of general circulation in the City at least once, not
less than 10 days prior to the date fixed for formal consideration
of the application.
D.
Building Plan Required: A detailed plan of the area intended to be
utilized for outdoor liquor sales, serving and consumption shall be
submitted to the City local liquor control commissioner and City Council.
Such plan shall include a scale drawing of the exterior walls and
shrubbery area, including any emergency exits, and all entryways and
exitways into and from the interior area of the licensed premises;
shall show lighting arrangements (and how that will affect any area
beyond the enclosed space), flooring substance and design and roofing
(if any proposed).
E.
Screening Requirements:
1.
Screening by privacy fences or landscaping 100% opaque from ground
level to a height of six feet above ground level must be provided
on all open sides of the proposed sales and serving area for all Class
A, Class A-S, Class B, and Class B-S license holders. No outdoor sales
or serving shall be permitted until all landscaping and/or fencing
is in place and complete.
2.
Screening by fencing or landscaping from ground level to a height
of six feet above ground level must be provided on all open sides
of the proposed sales and serving area for all Class D license holders.
No outdoor sales or serving shall be permitted until all landscaping
and/or fencing is in place and complete.
F.
Access: Access to the outdoor area shall be from the interior of
the licensed premises only. Emergency exits from the outdoor area
shall be provided if required in accordance with the City building
code, and upon adequate evidence being submitted to the City local
liquor control commissioner that control of persons attempting to
exit or enter through such emergency exit shall be satisfactory so
as not to permit the exit or entry of any person other than for emergency
reasons.
G.
Hours Of Operation: Hours during which the outdoor area may be occupied
by customers of the establishment and alcoholic beverages sold, served
and consumed shall be from opening time of the establishment until
closing. Each license holder must follow the specific requirements
of their respective license classification for hours of operation.
H.
Noise Control:
1.
No music shall be allowed in any outdoor area, nor shall the accessways
to and from the interior of the licensed premises remain open to such
an extent as to permit noise from music or other entertainment being
provided inside the interior area of the licensed premises to become
a nuisance.
2.
Upon approval of the application, the applicant and all employees
of the applicant shall be responsible for controlling noise in the
outdoor sales/serving and consumption area. The maximum amount of
noise allowed shall be that amount deemed "reasonable," "Reasonable"
shall be deemed to mean noise at such a level that complaints are
not made by neighbors or other members of the public regarding noise
from the outdoor area of the establishment. Upon a complaint being
received concerning excessive or unreasonable noise from the outdoor
sales/serving and consumption area, investigation shall be made by
the City police department. If the investigating officer determines
that the complaint was justified and the noise level was excessive
or unreasonable, a warning notice shall be issued by the appropriate
police official. Upon the issuance of three such warning notices in
any calendar year, the City local liquor control commissioner shall
promptly give formal, written notice to the owner or manager of the
licensed premises that further outdoor sales/serving and consumption
privileges are revoked for the remainder of the calendar year. Such
notice shall be served by the City police department upon the owner
and/or manager of the licensed premises. Failure to promptly abide
by the revocation notice shall be deemed cause for further disciplinary
proceedings in accordance with the City ordinances, including fine
and suspension or revocation of license.
I.
Health Regulations: The outdoor sales, serving and consumption area
must meet all McLean County health department regulations.
J.
Service And Sales On City Property: The City Council and Liquor Commissioner
will permit the sale, service, and consumption of alcoholic liquors
on city property (sidewalks and parking lots), subject to the following
restrictions:
2.
The outdoor seating area must be delineated when service occurs in
parking spots or on the roadway itself. Parking blocks, construction
barrels, stanchions, and straw bales are all acceptable examples of
such delination.
3.
Seating areas must be within 100 feet from the customer entrance
of the building, and restroom access must be provided to the customers.
Portapotties will not be accepted as a substitution.
4.
ADA accessibility must be maintained, including ADA parking spaces.
5.
Amplified sound will not be permitted.
6.
The proposed outdoor seating area must leave room for safe and adequate
vehicle traffic circulation, including any drive-thrus or alleyways.
7.
The temporary outdoor seating area must close to the public by 10:00
p.m.
8.
All outdoor furniture (tables, chairs, umbrellas, etc) must be secured
to protect from the wind. In the case of extreme weather, all moveable
items shall be additionally secured, removed, or placed inside.
9.
Alcohol may be served, consumed, and sold at these locations. Open
alcohol may not be removed from this area.
10.
Temporary signage is permitted, but only during operating hours of
the outdoor sales.
11.
Applicants must provide a certificate of liability insurance in the
amound of $1,000,000 with the City of LeRoy as the certificate holder.
Failure to abide by the conditions set for in Subsection J1
through J11 are grounds for license suspension and/or revocation.
Nothing in this section is intended to act as a waiver with regard
to the other provisions of this chapter.
[Ord. 156, 12-7-1981; amended by 2003 Code; 10-5-2020 by Ord. No. 20-10-01-50]
A.
Premises: 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 maintained 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 separate toilets and washstands for male and female
patrons and shall maintain the same in a clean and sanitary condition.
B.
Employees: 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 is a carrier of, any contagious infection or sexually transmitted
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 alcoholic
liquor.
[Ord. 156, 12-7-1981; amended by Ord. 13-08-02-50, 8-19-2013]
A.
Days And Hours Of Sales[1]: It shall be unlawful to sell or offer for sale at retail
any alcoholic liquor in the City between the hours of 1:00 a.m. and
7:00 a.m. on any day. All holders of liquor licenses, with the exception
of restaurants, may sell both served and packaged goods from the hours
of 7:00 a.m. until 11:00 p.m. on Sundays. In addition, said holders
may sell same from the hours of 7:00 a.m. until 1:00 a.m. Monday through
Saturday.
In the case of restaurants, such establishments may be kept open during such hours, but no alcoholic liquor may be sold or consumed by the public during such hours, unless such restaurant is the holder of a Class D license, in which case, the hours for sales of liquor on Sunday shall be as set forth in connection with the designation for Class D license privileges under Section 3-3-11 of this chapter, or unless such restaurant is the holder of a Class A-S license or a Class B-S license, in which case, the hours for sales of liquor on Sundays shall be as set forth in this subsection.
B.
Emergency Closures[2]: In all cases where, in the opinion of the local liquor
control commissioner, the public peace is likely to be endangered
by the keeping open of places where intoxicating liquor is sold at
retail, it shall be lawful for the local liquor control commissioner
to issue his proclamation under the seal of the City, commanding and
enjoining all persons so licensed by the City and their servants and
agents to close such places of business for such time as the local
liquor control commissioner 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 his premises any of the said liquors, he shall be deemed
to be in violation of the sections of this chapter.
[Ord. 156, 12-7-1981]
A.
It shall be unlawful for any person under the age of 21 years to
be or remain in any premises which are licensed hereunder, and it
shall be unlawful for any licensee hereunder or the licensee's officer,
partner, associate, representative, agent or employee to suffer or
permit any person under the age of 21 years to be or remain upon any
premises licensed in accordance with this chapter; except, that any
person under the age of 21 years may be or remain in such premises:
1.
If accompanied by his parent or legally appointed guardian; or
2.
If more than 50% of the gross business income received by the licensed
establishment results from the sale of services or commodities other
than alcoholic liquor; or
3.
If legally employed by the license holder of the premises or by an
authorized representative thereof as provided in accordance with this
chapter and if the person is actively performing his duties as a legal
employee at the time in question.
[Amended by 2003 Code]
B.
The defendant or respondent in any court or administrative hearing
held in connection with an alleged violation of any of the provisions
of this section shall have the burden of proving as a defense that
Subsections A1 through A3 of this section apply to the case, and the
prosecutor shall have no responsibility to prove that any of said
exceptions do not apply.
[Ord. 156, 12-7-1981; amended by Ord. 605, 6-19-1995; 2003 Code; Ord. 16-03-01-50, 3-7-2016]
A.
Employment Prohibitions:
1.
It shall be illegal for any liquor licensee or for any officer, associate,
member, representative, agent or employee of such licensee to employ
upon any premises used for sale of alcoholic beverages any person
under 21 years of age for the purpose of drawing, pouring or mixing
alcoholic beverages for the consumption of such beverages upon said
premises, or tending bar or selling or consummating the sale of such
beverages to be consumed on the licensed premises or sold or transferred
in any form other than the original package.
2.
It shall be illegal for any liquor licensee or for any officer, associate,
member, representative, agent or employee of such licensee to employ
upon any premises used for the sale of alcoholic beverages in the
original package for consumption off the premises any person under
21 years of age for the purposes of selling or consummating the sale
of any such beverages such as, but not limited to, sales at a package
liquor store, grocery store, or convenience store.
3.
It shall be illegal for any liquor licensee or for any officer, associate,
member, representative, agent or employee of such licensee to employ
upon any premises used for the sale of alcoholic beverages in the
original package for consumption off the premises any person under
18 years of age or older, except for the purpose of stocking shelves
or displays.
4.
Any person 18 years of age or older may be employed to handle alcoholic
liquors in the original package for purposes of moving the same upon
the business premises, so long as the seal on the original package
has not been broken, and so long as such movement or handling is solely
for the purpose of stocking shelves, transporting alcoholic liquors
in their original packages with seals unbroken from a stockroom to
another location on the premises, and the like.
5.
Any person 18 years of age or older may be employed by a Class D
license holder, Class A license holder, Class B license holder, Class
A/S license holder and Class B/S license holder (authorizing the retail
sale of alcoholic liquor for consumption on the specified premises
only) as a waiter or waitress provided that all employees of the Class
D license holder, Class A license holder, Class B license holder,
Class A/S license holder and Class B/S license holder have passed
an alcohol training program approved either by the state (e.g., BASSETT)
or by the local liquor commissioner. For purposes of this paragraph,
a "waiter" or "waitress" is a person whose exclusive duty with respect
to alcoholic liquors is to take orders and physically deliver same
to patrons in conjunction with the service of food.
B.
Purchase Or Acceptance By Prohibited: 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 liquor from
any retail liquor dealer in the City or from any other person.
C.
Sale Or Delivery To Prohibited:
1.
It shall be unlawful for any person to purchase or otherwise obtain alcoholic liquor and then to sell, give or deliver such alcoholic liquor to another person under the age of 21 years, other than as provided in accordance with Subsection E of this section.
2.
It shall be illegal for any person to directly or indirectly have any alcoholic beverages 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, other than as provided in accordance with Subsection E of this section.
D.
Identification:
1.
Request Of Identification By Licensee:
a.
If a licensee or any officer, associate, member, representative,
agent or employee of such licensee believes there is 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, he 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.
Any person from whom such written evidence is demanded shall forthwith
display his 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 his official duties.
b.
If any such person fails to present such written evidence, he shall
be considered to be an underage 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 his representative shall not
be subject to the penalty provisions of this chapter. 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.
2.
False Identification: 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 his age
and identity or that of any other person which is false or fraudulent,
for the purpose of ordering, purchasing, attempting to purchase, or
otherwise procuring or attempting to procure any alcoholic liquor
of any kind or description in violation of this subsection, or to
have in his possession any false or written, printed or photostatic
evidence of age and identity. It shall be unlawful for any person
to sell, give or otherwise furnish to any other person any type of
such false or fraudulent written, printed or photostated evidence
of age or identity.
3.
Tampering With Identification; Possession Of False Identification:
No person shall transfer, alter or deface any written evidence of
age or identity issued by a public officer in the performance of his
official duties, use such evidence of another, carry or use false
or forged identification or obtain such written evidence by means
of false information.
E.
Exemptions: 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 parent or guardian of such person in the
privacy of the parent's or guardian's home is not prohibited by this
chapter, 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.
F.
Responsibility Of Parent Or Guardian: It shall be unlawful for any
parent or guardian to suffer or permit his child or ward under the
age of 21 years to violate any provisions of this chapter.
[Ord. 156, 12-7-1981; amended by 2003 Code; Ord. 04-12-04-70, 12-6-2004; Ord. 12-08-05-50, 8-20-2012; Ord. 16-05-02-50, 5-16-2016; 10-5-2020 by Ord. No. 20-10-01-50]
A.
Sales To Certain Persons: It is unlawful for any licensee or any
officer, associate, member, representative, agent or employee of such
licensee to sell, give, deliver or serve any alcoholic liquor to any
person under the age of 21 years or to any intoxicated person.
B.
Sales To Persons In Motor Vehicles: No licensee, his agent, employee,
officer, associate, member or representative shall serve, give or
in any manner be concerned with placing any alcoholic liquor in or
upon or about any motor vehicle or 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 upon the licensee's premises or other private place, subject
to the following restrictions:
1.
Alcoholic liquors must be sole in its original packaging with the
seal unbroken. The beverages must be obscured by plastic or paper
bags when delivered.
2.
Alcoholic liquors must be delivered in parking spaces or drive-thru
window specifically designated for such service.
3.
The designated parking spaces or drive-thru window must be monitored
and recorded continuously by security cameras with sufficient clarity
and programming to identify the driver, any passengers, and the license
plate of the motor vehicle receiving the delivery.
4.
Such recording must be made available to the LeRoy Police Department
within 24 hours after a request is made.
Failure to abide by the conditions set for in Subsection B1
through B4 are grounds for license suspension and/or revocation.
C.
Leaving Premises With Open Containers: No licensee or officer, employee,
member, representative, associate or agent of a licensee shall permit
any person on the licensed premises to leave the licensed premises
with any open container containing any alcoholic beverage.
D.
Possession During Prohibited Hours: It shall be unlawful for any
licensee to permit or allow any bottle, glass, cup, pitcher, tumbler
or other container for or containing alcoholic liquor to remain in
the possession of any customer or at any location accessible to customers
before or after the hours during which the sale of such alcoholic
liquor is permitted.
E.
Gambling: It shall be unlawful for any licensee, or for any officer,
associate, member, representative, agent or employee of such licensee
to permit or allow anyone to play for money, or other valuable thing,
at any game involving cards, dice or checks, or with any other article,
instrument or thing whatsoever, which may be used for the purpose
of playing or betting upon or winning or losing money or any other
thing or article of value or to bet on any game others may be playing
upon any premises licensed under this chapter. No gambling device
shall be kept or used upon any premises licensed hereunder. Notwithstanding,
video gaming terminals may be operated in accordance with the Video
Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., and the regulations
of the Illinois Gaming Board promulgated thereunder, at licensed establishments,
and nothing in this Code shall be construed to prohibit video gaming
terminals operated at licensed establishments in accordance with the
Video Gaming Act.
F.
Disorderly Conduct: No riotous, disorderly, indecent or offensive
conduct of any kind shall be allowed in or about the premises licensed
hereunder.
G.
Peddling Liquor: It shall be unlawful to peddle alcoholic liquor
in the City.
H.
Soliciting Drinks: No licensee shall employ or permit any person
to solicit any other person to purchase the solicitor a drink in or
about any premises offering alcoholic or malt or vinaceous beverages
for sale.
I.
Open Containers In Public: It shall be illegal for any person to
have any alcoholic beverage in an open container in his possession
on any street or highway or upon any other public property within
the City.
J.
Possession, Consumption By Underage Person: It shall be unlawful
for any person under the age of 21 years to purchase, accept delivery
of, possess or consume any alcoholic liquor in violation of this subsection.
The possession and dispensing or consumption by a person under 21
years of age of alcoholic liquor in the performance of a religious
service or ceremony, or the consumption by a person under 21 years
of age under the direct supervision and approval of the parents or
parent or those persons standing in loco parentis of such person under
21 years of age in the privacy of a home, is not prohibited by this
subsection.
K.
Compliance With Laws: The maintenance and operation of the licensed premises must at all times comply with all applicable state, county and City statutes, ordinances, codes, rules, and regulations, including, but not limited to, all City Noise Ordinances and regulations, including Subsection 4-1-5L and Section 5-2-6 of this Code.
[Ord. 156, 12-7-1981]
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 such employer and licensee, and said employer
or licensee shall be punishable in the same manner as if said act
or omission had been done or omitted by him personally.
[Ord. 156, 12-7-1981]
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, in his discretion, hold
public hearings at any time within the City concerning any matters
embraced or which may be embraced within this chapter.
[Ord. 19-08-02-50, 8-5-2019]
A.
Public Hearing Procedures: Licenses may be revoked or suspended by
the Local Liquor Control Commissioner only after a public hearing
as provided by the applicable sections of this chapter and of the
Illinois Liquor Control Act.[1] Hearing procedures are as follows:
1.
Rights Of Licensee: The licensee shall at all times be afforded due
process rights including the right to subpoena witnesses in his own
behalf, the right to hear witnesses and evidence given against him,
the right to counsel, the right to cross examination, and the right
to demand a written specification of charges against him in advance
of the hearing.
2.
Notices Of Hearing: Notice of any hearing shall be given to the license
holder and any other interested parties within three days of the date
of the hearing, and shall be given to the public by publication in
a newspaper published in the City or if no newspaper is published
there, then in a newspaper of general circulation in the City within
three days of the hearing date. Notice to the public, the license
holder and any other interested parties shall include a statement
as to the particular section of the Code alleged to have been violated,
and shall state the location of the hearing as well as the time and
date of the hearing. Notice to the license holder and any other interested
parties shall also include a brief statement of the facts supporting
the charge as well as a brief statement that the licensee has a right
to subpoena witnesses in his own behalf, the right to hear witnesses
in evidence against him, the right for counsel to be present at the
hearing, the right to cross examine any witnesses at the hearing,
and the right to demand a written specification of charges against
him in advance of the hearing. Notice to the public shall not be required
to contain the information required to be given to the license holder
and any other interested parties other than a statement of the section
of the Code alleged to have been violated and the time, place and
location of the hearing.
3.
Conduct Of Hearing: Witnesses shall be sworn, but in all other respects,
the hearings shall be informal and strict rules of evidence shall
not apply.
4.
Records Of Hearing: The Local Liquor Control Commissioner shall cause
a record of the hearing to be preserved, which record shall include
the following: all pleadings, notices, motions, rulings, etc.; all
documentary or physical evidence received; offers of proof, objections
and rulings thereon; and any decision, opinion or report by the Local
Liquor Control Commissioner; and an electronic recording of the hearing
proceedings. The Local Liquor Control Commissioner shall prepare a
certified, official record of the proceedings, suitable for filing
with the Illinois Liquor Control Commission, and in such manner that
all reviews of the proceedings of the Local Liquor Control Commissioner
shall be "on the record" in order that the scope of review by the
Illinois Liquor Control Commission shall be limited to those instances
stated therein. A certified official record of the proceedings taken
and prepared by a certified court reporter or certified shorthand
reporter shall be filed by the Local Liquor Control Commissioner within
five days after notice of the filing of such appeal after the licensee
pays for the cost of the transcript.
5.
False Information Prohibited: No person shall make a false statement
to the Local Liquor Control Commissioner, material to the issue or
point in question, knowing such statement to be false, under penalty
of perjury or false swearing.
[1]
Editor's Note: See 235 ILCS 5/1-1 et seq.
B.
Action By Local Liquor Control Commissioner: After public hearing
as provided herein and if the Local Liquor Control Commissioner determines
that a licensee has violated any provisions of this chapter or any
State law pertaining to the sale of alcoholic liquor, the Commissioner
may direct a written reprimand to the licensee (a copy of said reprimand
shall be made a part of the liquor license application file which
is preserved in the Office of the City Clerk), or the Local Liquor
Control Commissioner may suspend the liquor license of such licensee
for a period of not more than 30 days or may revoke the liquor license
of such licensee, or the Local Liquor Control Commissioner may, in
lieu of suspension or revocation of the liquor license of such licensee,
levy a fine not in excess of $1,000 for each violation of such license
holder, with each day on which a violation continues constituting
a separate violation; however, not more than $10,000 in total fines
may be imposed against any licensee during the period of his license.
In making his determination to reprimand, fine, suspend or revoke
or in determining the length of a suspension imposed, the Local Liquor
Control Commissioner may consider the nature of the violation, past
violations of the licensee occurring within the immediately preceding
three-year period, notwithstanding the fact that a previous reprimand
or suspension might have been imposed, past action of the Commissioner
in comparable situations and the factual situation and circumstances
surrounding the violation as presented at the public hearing.
[Ord. 156, 12-7-1981]
Every lot, parcel or tract of land, and every building, structure,
establishment, or place whatsoever, together with all furniture, fixtures,
ornaments and machinery located therein, wherein there shall be conducted
any unlawful sale of alcoholic liquor or in any other manner used
in violation of the provisions of this chapter is hereby declared
to be a public nuisance and shall be abated as provided by the laws
of the State and by this Code for the abatement of public nuisances.[1]
[Ord. 156, 12-7-1981; amended by Ord. 845, 6-7-1999; 2003 Code]
Any person, firm, corporation, or limited liability company violating any provision of this chapter shall, unless otherwise provided in this chapter, be subject to penalty as provided in Title 1, Chapter 1-4, of this Code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
