[HISTORY: Adopted by the Board of Trustees of the Village
of Warrensburg as Title 3, Ch. 3, of the 1978 Code. Amendments noted
where applicable.]
Unless the context otherwise requires, the following terms as
used in this chapter shall be construed according to the definitions
given below:
Includes alcohol, spirits, wine and beer and every liquid
or solid, patented or not, containing alcoholic spirits, wine or beer,
and capable of being consumed as a beverage by a human being.
A corporation organized under the laws of this state, and
not for pecuniary profit, solely for the promotion of some common
object other than the sale or consumption of alcoholic liquor, which
conforms to the definition of a club in 235 ILCS 5/1-3.24.
Every building or other structure kept, used, maintained,
advertised and held out to the public to be a place where meals are
actually and regularly served and consumed and where sleeping accommodations
are offered for pay to travelers and guests, whether transient, permanent
or residential, in which 25 or more rooms are used for the sleeping
accommodations of such guests and having one or more public dining
rooms where meals are served to such guests, such sleeping accommodations
and dining rooms being conducted in the same building or buildings,
in connection therewith, and such building or buildings, structure
or structures being provided with adequate and sanitary dining room
and kitchen equipment and capacity. All public dining rooms, banquet
rooms, meeting rooms, room service areas, minibars and other locations
within or adjacent to a hotel in which alcoholic liquors are stored,
offered for sale or sold at retail shall be considered part of the
hotel's licensed premises if those locations within or adjacent to
the hotel are owned and managed by the hotel operator. As part of
the hotel's licensed premises, each and all of those locations within
or adjacent to the hotel shall be maintained and managed pursuant
to a single retailer's license issued by the State Commission to the
hotel operator, regardless of the number of local retailer licenses
mandated by the Village. Public dining rooms and other locations within
or adjacent to a hotel that are owned or managed by a person other
than the hotel operator and are licensed by the Village to a person
other than the hotel operator are not considered part of the hotel's
licensed premises for purposes of this chapter and, as such, must
be maintained and operated under separate retailer's licenses.
[Amended 6-7-2021 by Ord.
No. 764]
Any person, firm, corporation or partnership or club holding
a license under the provisions of this chapter.
Any bottle, flask, jug, can, cask, barrel, keg, hogshead
or other receptacle or container, whatsoever, used, corked or capped,
sealed and labeled by the manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
Any public place kept, used, maintained, advertised and held
out to the public to be a place where meals are served, and where
meals are actually and regularly served, without sleeping accommodations,
such space being provided with adequate and sanitary kitchen and dining
room equipment and capacity and having employed therein a sufficient
number and kind of employees to prepare, cook and serve suitable food
for its guests.
Provided further that no restaurant licensed as such shall sell
alcoholic liquor except with meals.
The sale for use or consumption and not for resale in any
form.
[Amended 6-7-2021 by Ord.
No. 764]
[Amended 6-7-2021 by Ord.
No. 764]
The Village President is hereby authorized to be the Local Liquor
Control Commissioner and shall be charged with the administration
of the Dram Shop Act, 235 ILCS, and of such ordinances and resolutions
relating to alcoholic liquor as may be enacted. The Village President
may appoint a person or persons to assist him in the exercise of the
powers and the performance of the duties provided for such Local Liquor
Control Commissioner. The Local Liquor Control Commissioner shall
have the powers and duties set forth in 235 ILCS 5/4-4, as amended,
and the following:
A.
The Local Liquor Control Commissioner shall keep or cause to be kept
a complete record of all licenses issued by him.
B.
The Local Liquor Control Commissioner hereby is given the power to
enter or to authorize any law enforcing officer to enter at any time
upon any premises licensed hereunder to determine whether any of the
provisions of the Dram Shop Act, 235 ILCS, or any rules or regulations
adopted by him or by the State Commission have been or are being violated,
and at such time to examine the premises of said licensee in connection
therewith.
It shall be unlawful to sell or offer for sale in the Village
any alcoholic liquor without having a license or in violation of the
terms of such license.
A.
Applications
for such licenses shall be made to the Local Liquor Control Commissioner.
Such applications shall be in writing and shall be signed by the applicant,
if an individual, or by a duly authorized agent thereof, if a club
or corporation, verified by oath or affidavit, and shall contain the
following information and statements:
(1)
The name, age and address of the applicant in the case of an individual;
in the case of a copartnership, the persons entitled to share in the
profits thereof; and in the case of a corporation for profit or 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
of the stock of such corporation, in interest, is owned by one person
or his nominee, the name and address of such person;
(2)
The citizenship of the applicant, his place of birth and, if a naturalized
citizen, the time and place of his naturalization;
(3)
The character of business of the applicant; and, in the case of a
corporation, the objects for which it was formed;
(4)
The length of time that said applicant has been in business of that
character or, in the case of the corporation, the date on which its
charter was issued;
(5)
The amount of goods, wares and merchandise on hand at the time application
is made;
(6)
The location and description of the premises or place of business
which is to be operated under such license;
(7)
A statement as to whether applicant has made similar application
for a similar license on premises other than described in this application
and the disposition of such application;
(8)
A statement that applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in this chapter, laws of the state or ordinances of
the Village;
(9)
Whether a previous license by any state or subdivision thereof or
by a federal government has been revoked and the reasons therefor;
and
(10)
A statement that the application will not violate any of the
laws of the state or of the United States or any ordinances of the
Village in the conduct of his place of business.
B.
All applications must be submitted annually and will be valid for
a period of 12 months.
[Added 3-5-1984 by Ord.
No. 434]
[Amended 6-7-2021 by Ord.
No. 764]
No such license shall be issued to:
A.
A person who is not a resident of the Village;
B.
A person who is not of good character and reputation in the community
in which he resides;
C.
A person who has been convicted of a felony under any federal or
state law, unless the Commissioner determines that such person will
not be impaired by the conviction in engaging in the licensed practice
after considering matters set forth in such person's application in
accordance with 235 ILCS 5/6-2.5 and the Commissioner's investigation;
D.
A person who has been convicted of keeping a place of prostitution
or keeping a place of juvenile prostitution, promoting prostitution
that involves keeping a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile prostitution;
E.
A person who has been convicted of pandering;
F.
A person whose license issued under this chapter has been revoked
for cause;
G.
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license under a first
application;
H.
A copartnership, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership would not be eligible to receive
a license hereunder;
I.
A corporation or limited liability company, if any member, officer,
manager or director thereof, or any stockholder or stockholders owning
in the aggregate more than 5% of the stock of such corporation, would
not be eligible to receive a license hereunder for any reason other
than citizenship and residence within the Village;
J.
A corporation or limited liability company unless it is incorporated
or organized in Illinois, or unless it is a foreign corporation or
foreign limited liability company which is qualified under the Business
Corporation Act of 1983[1] or the Limited Liability Company Act[2] to transact business in Illinois. The Commissioner shall
permit and accept from an applicant for a license under this chapter
proof prepared from the Secretary of State's website that the corporation
or limited liability company is in good standing and is qualified
under the Business Corporation Act of 1983 or the Limited Liability
Company Act to transact business in Illinois;
K.
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 licensee;
L.
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor or has forfeited his bond to appear in court to answer charges
for any such violation, unless the Commissioner determines, in accordance
with 235 ILCS 5/6-2.5, that the person will not be impaired by the
conviction in engaging in the licensed practice;
M.
A person who does not beneficially 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;
N.
Any law-enforcing public official, Village President, any member
of the Board of Trustees, and no such official shall have a direct
interest in the manufacture, sale or distribution of alcoholic liquor,
except that a license may be granted to such official in relation
to premises that are not located within the Village if the issuance
of such license is approved by the State Liquor Control Commission
and except that a license may be granted to any member of the Village
Board of Trustees in relation to premises that are located within
the Village if i) the sale of alcoholic liquor pursuant to the license
is incidental to the selling of food, ii) the issuance of the license
is approved by the State Commission, iii) the issuance of the license
is in accordance with all applicable local ordinances in effect where
the premises are located, and iv) the official granted a license does
not vote on alcoholic liquor issues pending before the Village Board.
Notwithstanding any provision of this subsection to the contrary,
a member of the Village Board of Trustees other than the President
may have a direct interest in the manufacture, sale or distribution
of alcoholic liquor as long as he or she is not a law-enforcing public
official. To prevent any conflict of interest, the elected official
with the direct interest in the manufacture, sale or distribution
of alcoholic liquor shall not participate in any meetings, hearings
or decisions on matters impacting the manufacture, sale or distribution
of alcoholic liquor;
O.
Any person, association or corporation not eligible for a state retail
liquor dealer's license;
P.
A person who is not a beneficial owner of the business to be operated
by the licensee;
Q.
A person who has been convicted of a gambling offense as proscribed
by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or
as proscribed by Section 28-1.1 or 28-3 of, the Criminal Code of 1961
or the Criminal Code of 2012, or as proscribed by a statute replaced
by any of the aforesaid statutory provisions;
R.
S.
A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in Subsection (a) of 235 ILCS 5/6-21;
T.
A person who is licensed by any licensing authority as a manufacturer
of beer, or any partnership, corporation, limited liability company
or trust or any subsidiary, affiliate or agent thereof, or any other
form of business enterprise licensed as a manufacturer of beer, having
any legal, equitable or beneficial interest, directly or indirectly,
in a person licensed in this state as a distributor or importing distributor.
For purposes of this subsection, a person who is licensed by any licensing
authority as a manufacturer of beer shall also mean a brewer and a
nonresident dealer who is also a manufacturer of beer, including a
partnership, corporation, limited liability company or trust or any
subsidiary, affiliate or agent thereof, or any other form of business
enterprise licensed as a manufacturer of beer;
U.
A person who is licensed in this state as a distributor or importing
distributor, or any partnership, corporation, limited liability company
or trust or any subsidiary, affiliate or agent thereof, or any other
form of business enterprise licensed in this state as a distributor
or importing distributor having any legal, equitable or beneficial
interest, directly or indirectly, in a person licensed as a manufacturer
of beer by any licensing authority, or any partnership, corporation,
limited liability company or trust or any subsidiary, affiliate or
agent thereof, or any other form of business enterprise, except for
a person who owns, on or after the effective date of this amendatory
Act of the 98th General Assembly, no more than 5% of the outstanding
shares of a manufacturer of beer whose shares are publicly traded
on an exchange within the meaning of the Securities Exchange Act of
1934.[5] For the purposes of this subsection, a person who is licensed
by any licensing authority as a manufacturer of beer shall also mean
a brewer and a nonresident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability company or
trust or any subsidiary, affiliate or agent thereof, or any other
form of business enterprise licensed as a manufacturer of beer.
[5]
Editor's Note: see 15 U.S.C. § 78a et seq.
The Local Liquor Control Commissioner shall have the right to
examine, or cause to be examined, under oath, any application for
a local license or for a renewal thereof, or any licensee upon whom
notice of revocation or suspension has been served as provided by
statute, and to examine or cause to be examined the books and records
of any such applicant or licensee, to hear testimony and take proof
for his information in the performance of his duties, and for such
purpose to issue subpoenas which shall be effective in any part of
this state. For the purpose of obtaining any of the information desired
by the Local Liquor Control Commissioner under this section, he may
authorize his agent to act on his behalf, as provided by statute.
Each such license shall terminate on the last day of June next
following its issuance. The license fee shall be paid and there shall
be no refund of any portion of the same except that the initial license
fee to be paid shall be reduced in proportion to the full calendar
months which have expired in the year prior to the issuance of such
license.
Every person, firm or Village shall pay an annual license fee.
Such license fee shall be divided into the following classes:
A.
Class A, which shall authorize the sale of beer only for consumption
on or off the premises. The annual fee for such licenses shall be
$1,000.
[Amended 10-20-1980 by Ord. No. 398; 7-7-2003 by Ord. No. 590, eff. 7-1-2004]
B.
Class B, which shall authorize the sale of any alcoholic liquor for
consumption on or off the premises. The annual fee for such licenses
shall be $1,000.
[Amended 2-7-1983 by Ord.
No. 425; 7-7-2003 by Ord. No. 590, eff. 7-1-2004]
C.
Class C (package sales only):
[Amended 10-20-1980 by Ord. No. 398; 3-1-1993; by Ord. No. 519; 7-7-2003 by Ord. No. 590, eff. 7-1-2004]
(1)
Which shall authorize the sale of any alcoholic liquor only for consumption
off the premises. The annual fee for such licenses shall be $1,000;
and
(2)
No Class C licenses may be issued unless the holder maintains a separate
department for package sales, with limited access, and which is used
solely for the storage, display and sale of alcoholic liquors and
related items.
D.
Class D, which shall authorize the sale of any alcoholic liquor only
for consumption on the premises and coincident to and in conjunction
with and only coincident to and in conjunction with the purchase of
food. The annual fee for such licenses shall be $1,000.
[Amended 3-5-1984 by Ord.
No. 434; 7-7-2003 by Ord. No. 590, eff. 7-1-2004]
[Amended 1-17-1995 by Ord. No. 533]
The number of licenses of all classes or kinds is hereby restricted
to three.
All such fees shall be paid to the Village President at the
time application is made and shall be forthwith turned over to the
Treasurer. In the event the license applied for is denied, the fee
shall be returned to the applicant; if the license is granted, then
the fee shall be deposited in the general corporate fund or in such
other fund as shall have been designated by the Board of Trustees
by proper action.
Any licensee may renew his license at the expiration thereof,
provided that he is then qualified to receive a license and the premises
for which such renewal license is sought are suitable for the purpose;
provided, further, that the renewal privilege herein provided for
shall not be construed as a vested right which shall in any case prevent
the President from decreasing the number of licenses to be issued
within his jurisdiction.
A license shall be a purely personal privilege, good for not
to exceed one year after issuance unless sooner revoked as is in this
chapter provided, and shall not constitute property, nor shall it
be subject to being encumbered or hypothecated. Such licenses shall
not descend by the laws of testate or intestate devolution, but it
shall cease upon the death of the licensee, provided that executors
or administrators of the estate of any deceased licensee, and the
trustee of any insolvent or bankrupt licensee, when such estate consists
in part of alcoholic liquor, may continue the business of the sale
or manufacture of alcoholic liquor under order of the appropriate
court, and may exercise the privileges of the deceased or insolvent
or bankrupt licensee after the death of such decedent, or such insolvency
or bankruptcy until the expiration of such license, but not longer
than six months after the death, bankruptcy or insolvency of such
licensee. A refund shall be made of that portion of the license fees
paid for any period in which the licensee shall be prevented from
operating under such license in accordance with the provisions of
this section.
[Amended 3-15-1982 by Ord. No. 408]
A.
It shall be lawful to keep open or permit to be open any place where
alcoholic liquor is sold for consumption on the premises between the
following hours:
[Amended 5-17-2004 by Ord. No. 597; eff. 5-17-2004]
B.
It shall be unlawful to keep open or permit to be open during any
other hours any place where alcoholic liquor is sold for consumption
on the premises.
A liquor dealer's license shall permit the sale of alcoholic
liquor only in the premises described in the application and license.
Such location may be changed only upon the written permit to make
such change issued by the Village President. 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 statutes of this
state and the regulations of the Village.
All premises used for the sale of alcoholic liquor, or for the
storage of such liquor for sale, shall be kept in a clean and sanitary
condition, and shall be kept in full compliance with the provisions
regulating the condition of premises used for the storage or sale
of food for human consumption.
It shall be unlawful for any person to employ in any premises
used for the sale of alcoholic liquor any person who is afflicted
with, or who is a carrier of, any contagious, infectious or venereal
disease; and it shall be unlawful for any person afflicted with or
who is a carrier of any such disease to work in or about any such
premises or to engage in any way in the handling, preparation or distribution
of such liquor.
[Amended 6-7-2021 by Ord.
No. 764]
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet of any church, school other than an institution
of higher learning, hospital, home for the aged, or indigent persons
or for veterans, their spouses or children, or any military or naval
station, provided that this prohibition shall not apply to hotels
offering restaurant service, clubs, or restaurants, food shops or
other places where the sale of alcoholic liquor is not the principal
business carried on, if such place of business not exempted shall
have been established for such purposes prior to taking effect of
this chapter; nor to the renewal of a license for the sale of alcoholic
liquor on premises within 100 feet of any church where such church
has been established within such 100 feet since the issuance of the
original license. In the case of a church, the distance of 100 feet
shall be measured to the nearest part of any building used for worship
services or educational programs and not to property boundaries.
No license shall be issued to any person for the sale at retail
any alcoholic liquor at any store or other place of business where
the majority of customers are minors of school age or where the principal
business transacted consists of school books, school supplies, food,
lunches or drinks for such minors.
In premises in which the sale of alcoholic liquor for consumption
on the premises is licensed, other than in restaurants, hotels or
clubs, 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 full view
of the entire interior of such premises, and the entire space used
by the public must be located that there shall be a full view of the
same from the street, road or sidewalk. All rooms where alcoholic
liquor is sold for consumption on the premises shall be continually
lighted during business hours by natural or artificial white lights
so that all parts of the interior of the premises shall be clearly
visible. 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 suffered to be obscured or obstructed, such license
may be revoked in the manner herein provided. In order to enforce
the provisions of this section, the Village President shall have the
right to require the filing with him of plans, drawings and photographs
showing the clearance of the view as above required.
A.
No licensee or any officer, associate, member, representative, agent
or employee of a licensee shall sell, give or deliver alcoholic liquor
to any person under the age of 21 years. No person after purchasing
or otherwise obtaining alcoholic liquor shall sell, give or deliver
such alcoholic liquor to any person under the age of 21 years, except
in the performance of a religious ceremony or service.
B.
For the purpose of preventing a violation of this section, any licensee
or his agent or employee may refuse to sell or serve alcoholic beverages
to any person who is unable to produce adequate written evidence of
identity and of the fact that he or she is of attained age of 21 years
or over.
C.
Adequate written evidence of age and identity of the person is no
less than two documents, one of which is issued by federal, state,
county or municipal government or subdivision or agency thereof and
which document incorporates a photograph of such person along with
a statement of the month, day and year of such person's birth.
D.
No person shall sell, give or furnish to any person under the age
of 21 years any false or fraudulent written, printed or photostatic
evidence of the age or identity of such person, or shall sell, give
or furnish to any person under the age of 21 years evidence of age
and identification of any other person.
E.
No person under the age of 21 years shall present or offer to any
licensee or the agent or employee of any licensee any written, printed
or photostatic evidence of age and identity which is false, fraudulent
or not actually said person's own for the purpose of ordering, purchasing,
attempting to purchase, or otherwise procuring or attempting to procure
the serving of any alcoholic beverage, or to have in possession any
false or fraudulent written, printed or photostatic evidence of age
and identity.
F.
No person under the age of 21 years shall consume, purchase, accept
delivery of, or possess alcoholic liquor, provided possession, dispensing
or consumption of alcoholic liquor by such a person in the performance
of a religious service or ceremony, the consumption of alcoholic liquor
by such a person in the privacy of the home of, under the direct supervision
of, and with the approval of a parent or guardian of such person,
or the possession and delivery, except sales, of alcoholic liquor
in pursuance of the employment of, such person by a licensee as allowed
in this section, are not prohibited.
G.
In each premises licensed under the provisions hereof, there shall
be displayed at all times in a prominent place a printed card supplied
by the Village Administrative Clerk which shall be substantially as
follows:
|
"WARNING: If you are under 21 years of age, you are subject
to a fine up to $500 if you PURCHASE alcoholic liquor or MISREPRESENT
YOUR AGE for the purpose of purchasing or obtaining alcoholic liquor.
OFFICIAL PHOTO IDENTIFICATION will be required to prove age before
purchase."
|
H.
No person under the age of 21 years shall sell, tend bar, draw, pour,
mix or serve alcoholic liquor and no licensee or any officer, associate,
member, representative, agent or employee of a licensee shall engage,
employ or permit any person under the age of 21 years to do so.
I.
It shall be unlawful for any parent, guardian or person in loco parentis
to knowingly suffer or permit any person under the age of 21 years
of which he or she may be such parent, guardian or person in loco
parentis to violate any provisions of this chapter.
J.
It shall be unlawful for any owner or occupant of any premises within
the Village to knowingly allow any person under the age of 21 years
to remain on such premises while in the possession of alcoholic liquor
or while consuming alcoholic liquor in violation of the provisions
hereof.
[Amended 6-4-1984 by Ord.
No. 437]
K.
It shall be unlawful for any holder of a retail liquor dealer's license
or any officer, associate, member, representative, agent or employee
thereof to suffer or permit any person under the age of 21 years to
remain in any room or compartment adjoining or adjacent to or situated
in the room or placed where such licensed premises are located; provided,
however, that this subsection shall not apply to any person under
the age of 21 years:
(1)
Who is accompanied by his or her parent or guardian; or
(2)
Who enters any licensed premises for the purpose of purchasing
or purchasing and consuming on the premises nonalcoholic items or
commodities; or
(3)
Who enters the premises for the purpose of playing pool; or
(4)
Who enters any licensed premises which derives its principal
business from the sale of services or other commodities than alcoholic
liquor.
[Amended 3-10-1992 by Ord. No. 510]
L.
In addition to all other fines and penalties, the Village President
may revoke or suspend the retail liquor dealer's license for any violation
of this section.
[Amended 6-4-1984 by Ord.
No. 437; 6-7-2021 by Ord. No. 764]
No licensee or any officer, associate, member, representative,
agent or employee of a licensee shall sell, give or deliver alcoholic
liquor to any intoxicated person.
[Amended 8-6-2012 by Ord.
No. 664; 6-7-2021 by Ord. No. 764]
There shall be no card games or gambling allowed on any premises licensed to sell alcoholic liquor, except for devices and equipment licensed and operated in accordance with the Video Gaming Act (230 ILCS 40/1 et seq.). The fee for the operation of a device or equipment licensed and operated in accordance with the Video Gaming Act shall be as set forth in § 1103-3G of the Village Code.
It shall be unlawful to peddle alcoholic liquor in the Village.
The Village President may suspend for not more than 30 days
or revoke for cause any liquor dealer's license for any violation
of any provision of this chapter, or for any violation of any state
law pertaining to the sale of alcoholic liquor, as provided and in
the manner provided in 235 ILCS 5/7-5.
[Amended 1983 by Ord.
No. 426]
Alcoholic liquor shall not be consumed in the meeting or public
rooms of hotels or motels or any public place of accommodation or
amusement or place of public resort, including but not limited to
places selling mix, ice, water and providing drinking utensils for
the purpose of mixing drinks containing alcoholic liquors for consumption
thereat, or those places commonly known as "bottle clubs" and similar
places.
A.
The sale or dispensing of alcoholic liquor is prohibited at premises
whereat, or at premises which have any access which leads from said
premises to any premises whereat, the following acts or conduct is
permitted:
(1)
The employment or use of any person in the sale or service of
alcoholic liquors or for the entertainment or diversion of others
while such person is unclothed or in such attire, costume or clothing
as to expose to view or to show with less than a fully opaque covering
any portion of the pubic hair, anus, buttocks, vulva or genitals.
(2)
The performance of acts, or simulated acts, of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts prohibited by law.
(3)
The actual or simulated exhibition, displaying, touching or
caressing or fondling of or on the breasts, buttocks, anus or genitals.
(5)
The showing of film, still pictures, electronic reproduction or other visual reproduction depicting the acts or conduct described in Subsection A(2) hereof, or any person being touched, caressed or fondled on the breasts, buttocks, anus or genitals, or scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray the activities described in this Subsection A(5).
C.
No person shall consume, purchase, accept delivery of, or possess alcoholic liquor on premises for which a license has been issued under the provisions of this chapter, where the engaging in or performance of any act or conduct described in Subsection A is occurring.
[Amended 6-4-1990 by Ord.
No. 490]
