[HISTORY: Adopted by the Board of Trustees of the Village of Tilton as Ch. 5.36 of the Village Code. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:
ALCOHOLIC LIQUOR
Any spirits, wine, beer, ale or other liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being.
CLUB
An organization organized under the laws of this state, not for pecuniary profit but solely for the promotion of some common object other than the sale and consumption of alcoholic liquors, which conforms to the definitions of a club as provided by statute.
HOTEL
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 sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, and 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, such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room capacity and equipment. All public dining rooms, banquet rooms, meeting rooms, room service areas, mini-bars 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.
RESTAURANT
Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room capacity and equipment and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable for its guests.
RETAIL SALE
Sale for use or consumption and not for resale in any form.
It is unlawful to sell or offer for sale at retail in the Village any alcoholic liquor without a retail liquor dealer's license, or in violation of the terms of such license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Applications for retail liquor dealer's licenses shall be made to the Mayor of the Village in writing, 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 statements and information:
A. 
The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to shares in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of such corporation is owned by one person or his nominee, the name and address of such person.
B. 
The character of business of the applicant; and in the case of a corporation, the objects for which it was formed.
C. 
The length of time the applicant has been in business of that character; or in the case of a corporation, the date when its charter was issued.
D. 
The amount of goods, wares and merchandise on hand at the time application is made.
E. 
The location and description of the premises or place of business which is to be operated under such license.
F. 
A statement whether the applicant has made an application for a similar or other license on premises other than described in this application, and the disposition of such application.
G. 
A statement that the 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, the laws of this state or the ordinances of this Village.
H. 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor.
I. 
A statement that the applicant will not violate any of the laws of the state, or of the United States or any ordinance of the Village in the conduct of his place of business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Mayor of the Board of Trustees or the Local Liquor Control Commissioner, if one is appointed, shall have the right 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 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 of 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No retail liquor dealer's license shall be issued to:
A. 
A person who is not of good character and reputation in the community in which he resides.
B. 
A person who has been convicted of a felony under any federal or state law, unless the Mayor 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 Mayor's investigation.
C. 
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.
D. 
A person who has been convicted of pandering.
E. 
A person whose license under this chapter has been revoked for cause.
F. 
A person who at the time of application for renewal of any license issued under this chapter would not be eligible for such license upon a first application.
G. 
A copartnership, unless all of the members of such copartnership are qualified to obtain a license.
H. 
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 under this chapter for any reason other than residence within the Village.
I. 
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 (805 ILCS 5/1.01 et seq.) or the Limited Liability Company Act (805 ILCS 180/1-1 et seq.) to transact business in Illinois. The Mayor 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.
J. 
A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee.
K. 
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 who has forfeited his bond to appear in court to answer charges for any such violation, unless the Mayor 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.
L. 
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 issued.
M. 
Any law-enforcing public official or the Mayor or any member of the Board of Trustees. No such official shall be interested in any way, either directly or indirectly, 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 any member of the Village Board of Trustees in relation to premises that are located within the Village if 1) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, 2) the issuance of the license is approved by the State Commission, 3) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and 4) the official granted a license does not vote on alcoholic liquor issues pending before the Village Board. Notwithstanding any provision of this Subsection M to the contrary, a member of the Village Board of Trustees other than the Mayor 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 or the Mayor. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale or distribution of alcoholic liquor shall not participate in any meetings, hearings or decisions on matters impacting the manufacture, sale or distribution of alcoholic liquor. Furthermore, the Mayor may have an interest in the manufacture, sale or distribution of alcoholic liquor as long as the Village Board has made a local liquor control commissioner appointment that complies with the requirements of 235 ILCS 5/4-2.
N. 
Any person, firm or corporation not eligible for a state retail liquor dealer's license.
O. 
A person who is not a beneficial owner of the business to be operated by the licensee.
P. 
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.
Q. 
A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act (230 ILCS 15/1 et seq.) or the Illinois Pull Tabs and Jar Games Act (239 ILCS 20/1 et seq.).
R. 
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.
S. 
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 S, 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.
T. 
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 no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection T, a person who is licensed by any licensing authority as a manufacturer of beer shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company or trust, or any subsidiary, affiliate or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Amended 4-11-2002 by Ord. No. 2002-04-11-D; 4-20-2017 by Ord. No. 2017-04-20-A]
Retail liquor dealer's licenses shall be divided into the following classes:
A. 
Class A licenses shall only permit the retail sale of alcoholic liquor in sealed packages, but not for consumption on the premises where sold; the annual fee for such license shall be $1,000.
B. 
Class B licenses shall permit the retail sale of alcoholic liquor for consumption on or off the premises where sold, and not for resale in any form; the annual fee for such license shall be $1,000.
C. 
Class C licenses shall permit the retail sale of beer only for consumption only on the premises where sold, and not for resale in any form, to be issued for temporary stands, booths and counters such as are used at picnics, celebrations and the like; the daily fee for such license shall be $100 per week.
D. 
Class D licenses shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold, to be issued to a regularly organized club, as defined in § 177-1, such sales to be made only to members of the club; the annual fee for such licenses shall be $1,000.
E. 
Class E licenses shall permit the retail sale of beer and wine for consumption only on the premises where sold and where meals are served; the annual fee for such license shall be $1,000.
F. 
Class F licenses will not be issued starting November 2017.
All fees shall be paid to the Village Clerk 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, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Village Board by proper action.
No license shall be issued under the provisions of this chapter unless the applicant files with the application a certificate by an insurance company authorized to do business in the state certifying that the applicant has in force and effect the insurance required by statute.
Each license issued under the provisions of this chapter shall terminate on the 30th day of April following the issuance thereof.
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 such purpose. The renewal privilege provided for in this section shall not be construed as a vested right which shall in any case prevent the Mayor from decreasing the number of licenses to be issued within his jurisdiction.
A retail liquor dealer's license shall be a purely personal privilege, good for not to exceed one year after issuance unless sooner revoked as provided in § 177-14, and shall not constitute property, nor be subject to attachment, garnishment or execution, nor be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. The license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale and manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased, insolvent or bankrupt licensee after the death of such licensee, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of the licensee. A refund shall be made of that portion of the license fee paid for any period in which the licensee is prevented from operating under the license in accordance with the provisions of this section.
A license under this chapter shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only when a written permit to make such change is issued by the Mayor. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
The Mayor may suspend 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.
The Village Clerk shall keep a complete record of all retail liquor dealer's licenses issued and shall furnish the Chief of Police with a copy thereof. Upon revocation or suspension of any license, the Village Clerk shall immediately give written notice thereof to the Chief of Police.
A. 
It is unlawful for any licensee, officer, associate, member, representative, agent or employee of such licensee to 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 another person under the age of 21 years, except in the performance of a religious ceremony or service.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
For the purpose of preventing the 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 is over the age of 21 years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the Armed Forces.
(2) 
It is unlawful for any person under the age of 21 years to present false or fraudulent written, printed or photostatic evidence of the age and identity of such person for purposes of securing alcoholic liquor.
C. 
In every tavern or other place in the Village where alcoholic liquor is sold there shall be displayed at all times in a prominent place a printed card which shall read substantially as follows:
WARNING TO MINORS
You are subject to a fine of up to $500 and imprisonment of up to one year under the ordinances of the Village of Tilton if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.
D. 
It is unlawful for any holder of a retail liquor dealer's license, or his agent or employee, to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located, provided that this subsection shall not apply to any minor who is accompanied by his parent or guardian, or any licensed premises which derives its principal business from the sale of services or commodities other than alcoholic liquor.
E. 
It is unlawful for any parent or guardian to permit any minor child of which he may be the parent or guardian to violate any of the provisions of this section.
F. 
It is unlawful for any minor to draw, pour or mix any alcoholic liquor in any licensed retail premises.
[Amended 3-20-2014; 5-21-2020 by Ord. No. 2020-0521B; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
As to holders of all classes of liquor licenses except Class A, it is unlawful to sell or offer for sale at retail, or to give away in or upon any licensed premises, any alcoholic liquor between the hours of 3:00 a.m. and 7:00 a.m. Tuesday, Wednesday, Thursday, Friday or Saturday, nor between 3:00 a.m. and 12:00 midnight nor 8:00 p.m. and 12:00 midnight on Sunday, nor between 12:00 midnight and 7:00 a.m. on Monday, with the exceptions of Super Bowl Sunday and when New Year's Eve should fall on a Sunday. Super Bowl Sunday bars may be open one hour after the game is over. When New Year's Eve falls on a Sunday, it will be lawful to sell liquor from 12:00 noon until 3:00 a.m., with last call being at 2:30 a.m.
B. 
For businesses holding a Class A license, it is unlawful to sell or offer for sale at retail, or to give away in or upon any licensed premises, any alcoholic liquor between the hours of 3:00 a.m. and 7:00 a.m. Tuesday, Wednesday, Thursday, Friday or Saturday, nor between 3:00 a.m. and 12:00 noon on Sunday, nor between 8:00 p.m. and 12:00 midnight on Sunday.
C. 
It is unlawful to keep open for business, or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic liquor in or upon any premises in which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited; provided that restaurants and hotels may be kept open for business during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.
It is unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with or who is a carrier of any contagious or infectious disease. It is unlawful for any person who is afflicted with or is a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of liquor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No license shall be issued for the sale at retail of any alcoholic liquor within 300 feet of any church, school, hospital or home for the aged or indigent persons or veterans, their spouses or children, provided that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or to restaurants, food shops or other places where the sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted has been established for such purposes prior to the taking effect of this chapter. 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.
It is unlawful to refuse to grant admittance to the premises for which a liquor license has been issued at any time upon the verbal request of any police officer, the health officer or any member of the Board of Trustees for the purpose of making any inspection of such premises or any part thereof.
[Added 3-20-2014]
A. 
Any business holding a Class A license shall have a video surveillance system or comparable recording system which continually visually records the area of the premises where purchases are paid for, including any drive-up window area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All such visual recordings shall be retained by the license holder for a minimum of one month and be available for inspection and viewing by the Village authorities on reasonable notice and during business hours.