[Amended 2000 by Ord. No. 1826]
A.
Closing hours. It is unlawful to keep open or permit to be open any
business, except restaurants, retail grocery stores, or convenience
stores (a/k/a "quick shops") operated as part of a gasoline service
station, where alcoholic liquor is sold (whether sold for consumption
on the premises or consumption off the premises, including but not
limited to taverns and package liquor stores), between the hours of
1:00 a.m. and 5:00 a.m. of every day of the week, Monday through Sunday,
inclusive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Restaurants and retail grocery and convenience stores.
(1)
Restaurants. Restaurant operators possessing a license to sell
alcoholic liquor shall not sell, dispense or serve any alcoholic liquor
between the hours of 1:00 a.m. and 5:00 a.m. of every day of the week,
Monday through Sunday, inclusive. Further, the operators of restaurants
shall not permit customers upon the restaurant's premises to have
alcoholic liquor in their possession, except in containers with unbroken
seals, at any time between the hours of 1:30 a.m. and 5:30 a.m. of
every day, Monday through Sunday, inclusive.
(2)
Retail grocery stores and convenience stores (a/k/a "quick shops")
operated as part of a gasoline service station. Retail grocery stores
and convenience stores (a/k/a "quick shops") operated as part of a
gasoline service station whose operators possess a license to sell
packaged liquor shall not dispense liquor on premises and shall only
be permitted to sell packaged liquor for off-premises consumption.
Such establishments shall not and it shall be unlawful for such establishments
to sell packaged liquor between the hours of 1:00 a.m. and 5:00 a.m.
of any day of the week, Monday through Sunday, inclusive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Penalty. Except as stated above, no alcoholic liquor shall be sold
and all licensed premises must remain closed at the times specified.
Any holder of a retail liquor license or his agent or employee who
violates the provisions of this chapter in regulating the legal hours
of operation shall, upon conviction of the first offense, be fined
not less than $100 nor more than $750, and for the second offense
shall be fined not more than $750, and suffer the revocation of such
retail liquor license.
D.
Time standard. The times referred to above shall mean daylight savings
time when the same is in effect in the City, and upon cessation of
daylight savings time, shall mean central standard time.
A.
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 services, 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 was so located and established before the enactment of the
City's liquor code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The prohibition contained in this section shall also not apply to
renewal of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where such church
or school has been established within 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.
C.
Nothing contained herein shall prohibit the issuance of a license
to a church or private school to sell at retail alcoholic liquor if
any such sales are limited to periods when groups are assembled on
the premises solely for the promotion of some common object other
than the sale or consumption of alcoholic liquors.
D.
Nothing in this section shall prohibit the issuance of a retail license
authorizing the sale of alcoholic liquor incidental to a restaurant
if:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
The
primary business of the restaurant consists of the sale of food where
the sale of liquor is incidental to the sale of food and the applicant
is a completely new owner of the restaurant;
(2)
The
immediately prior owner or operator of the premises where the restaurant
is located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the restaurant
for at least part of the 24 months before the change of ownership;
and
(3)
The
restaurant is located 75 or more feet from a school.
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 Mayor. No change of location shall be permitted
unless the proposed new location is a proper one for the retail sale
of alcoholic liquor under the statutes of the state and the ordinances
of the City.
No licensee, his agent, servant or employee shall permit or
allow any lewd or lascivious act, or any topless and/or bottomless
female employee and/or employees ("topless" being defined as naked
and substantially without clothing or covering of the body from the
waist to the neckline, and "bottomless" being defined as naked and
substantially without clothing or covering of the body from the waist
downward), or entertainment to be performed within the licensed premises
by an entertainer employed therein, or by any employee or guest; nor
shall any licensee, his agent, servant or employee permit or allow
any employee or guest, or any other person whomever to solicit or
encourage the purchasing of alcoholic liquor or beverage of any description
or the giving of any gratuity or gift by any patron, or guest to or
for the benefit of any such employee or guest.
A person may sell at retail any alcoholic liquor on the day
of any national, state, county or City election, including primary
elections, during the hours the polls are open.
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 kept in full compliance with
the codes regulating the condition of premises used for the storage
or sale of food for human consumption.
It is unlawful to employ in any premises used for the retail
sale of alcoholic liquor any person who is afflicted with or who is
a carrier of any contagious, infectious or venereal 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 any way in the handling, preparation, or distribution of such liquor.
[Amended 1-18-2018 by Ord. No. 3366]
It is unlawful to keep, place, maintain or operate any gambling
device or instrument in and upon the premises used or occupied as
a place where alcoholic liquor is sold or given away, unless permitted
by the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) or other
applicable state statute.
A person licensed under this chapter shall not suffer any disorder,
drunkenness, quarreling, fighting, unlawful games, or riotous or disorderly
conduct in any house or premises kept or occupied by him for the sale
of liquor.
No license shall be issued to any person for the sale at retail
of 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.[1]
[1]
Editor's Note: Original Section 5.20.240 of the 1997 Code,
Sale by restaurant, which immediately followed this section, was repealed
2-19-2019 by Ord. No. 3449.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No licensee, nor any officer, associate, member, representative,
agent or employee of such 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 another person under the age of 21 years.
Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase or accept a
gift of such alcoholic liquor, or have such alcoholic liquor in his
possession.
A.
In every licensed business where alcoholic liquor is sold, there
shall be displayed at all times, in a prominent place, a printed card
which shall be supplied by the City Clerk and which shall read as
follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
WARNING TO MINORS
|
|
YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCE OF
THE CITY OF COLUMBIA IF YOU PURCHASE ALCOHOLIC LIQUOR, OR MISREPRESENT
YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.
|
B.
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 is 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 other commodities
other than alcoholic liquor.
If a licensee or his agents or employees believe or have reason
to believe that a sale or delivery of any alcoholic liquor is prohibited
because of the non-age of the prospective recipient, he shall, before
making such sale or delivery, demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his official duties.
The possession and dispensing or consumption by a minor of alcoholic
liquor in the performance of a religious service or ceremony, or the
consumption by a minor under the direct supervision and approval of
the parents or parent of such minor in the privacy of a home is not
prohibited by this chapter.
[Added 1-16-2018 by Ord.
No. 3366; amended 11-5-2018 by Ord. No. 3437]
No location, establishment or premises shall be issued more
than one liquor license for such location, establishment or premises
at any given time. However, a location, establishment or premises
may be issued a caterer's license (Class E) if it holds a valid Class
A-1, A-2, or B license.
[Added 1-16-2018 by Ord.
No. 3366]
No liquor license shall be issued to any applicant for a location,
establishment or premises that shares a common wall with a location,
establishment or premises that already possesses a liquor license
unless the common wall permanently prohibits ingress and egress between
the locations, establishments or premises through the common wall.
