[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:
ALCOHOL
The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUORS
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.
APPLICANT
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.
BEER
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.
BOWLING ALLEY
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.
CHANGE OF OWNERSHIP
A. 
A change in the form of ownership; or
B. 
A change of proprietors or addition or deletion of any partners; or
C. 
As to a corporation or limited liability company, the transfer of over 50% of the stock or ownership thereof.
CITY
The City of Le Roy.
CLUB
A. 
A patriotic or veterans' society organized under the laws of the United States or the state of Illinois; or
B. 
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:
1. 
Is affiliated with a national club or organization and/or clubs or organizations in all 50 states; or
2. 
Maintains eating, golfing and swimming facilities on club premises for the use of members and their guests; or
3. 
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.
DRUGSTORE
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.
GROCERY STORE
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.
HOTEL/MOTEL
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.
MINOR
Any person under the age of 21 years.
ORIGINAL PACKAGE
Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
PREMISES
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.
RESIDENT OF THE CITY
Any person living in the City of Le Roy for a period of not less than 30 days.
RESTAURANT
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.
RETAIL SALE
The sale for the use or consumption of the item sold and not for resale of the item sold.
SALE
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:
A. 
The selling of liquor.
B. 
The giving away of liquor.
C. 
The dispensing of liquor.
D. 
The providing of mix, ice, water or glasses for the purpose of mixing drinks containing alcoholic liquor for consumption on the same premises.
E. 
The pouring of liquor.
F. 
The providing of setups containing alcoholic liquor.
G. 
The storage of any alcoholic beverage.
SETUP ESTABLISHMENT
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.
SPIRITS
Any beverage which contains alcohol obtained by distillation mixed with water or other substance in solution and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL
To keep or expose for sale and to keep with intent to sell.
WINE, FORTIFIED
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.
WINE, UNFORTIFIED
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.
k. 
Failure to adhere to any changes or requirements imposed as a condition of the license being issued by the local liquor control commissioner pursuant to Subsection 3-3-8C of this chapter.
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; Ord. 157, 12-21-1981; amended by 2003 Code; Ord. 845, 6-7-1999; amended 4-7-2025 by Ord. No. 25-04-01-50[1]]
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. 
(Reserved)
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 (or a felony under the laws of another country if such conviction would be a felony if committed in the United States or the law of a state of the United States), 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.
G. 
A person, club, corporation or limited liability company whose license issued under this chapter has been revoked for cause.
H. 
A person who, at the time of application for renewal of any license hereunder, would not be eligible for such license 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,[2] as amended, to transact business in the state of Illinois.
[2]
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,[3] as amended, to transact business in the state.
[3]
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.
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.
[1]
Editor's Note: This ordinance also placed a moratorium on the issuance of additional liquor licenses, excluding Class A liquor licenses.
[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:
a. 
Entrances;
b. 
Exits;
c. 
Points of sale;
d. 
Bar areas;
e. 
Areas where employees under 18 years of age may stock shelves and displays; and
f. 
Such other locations required by the City police department, local liquor commissioner, or his or her designee.
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.
8. 
Any premises licensed on the date hereof is exempt from the requirements of this Subsection F; however, such premises must comply with this Subsection F for any new or renewed liquor license after April 30, 2017.
[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:
1. 
Applicants must comply with Subsections A, B, C, F, H, and I of this section.
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.
[1]
Editor's Note: See also Subsections 3-3-11D5, E8 and F1 of this chapter.
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.
[2]
Editor's Note: See also Section 5-4-2 of this Code.
[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]
[1]
Editor's Note: See Section 4-1-6 of this Code.
[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.