[Ord. 88-11, 6-6-1988, § 1]
The provisions of this chapter may be referred to as the "Elmwood
Park Liquor Control Code."
[Ord. 88-11, 6-6-1988, § 1]
Nothing in this chapter shall excuse or relieve the owners,
proprietors or persons in charge of any tavern, or other place in
the Village where alcoholic liquor is sold, from the restrictions
and requirements of any other ordinance of the Village or of any of
the provisions of State law.
[Ord. 88-11, 6-6-1988, § 1]
All words and phrases defined in an Act entitled "An Act Relating
to Alcoholic Liquors" approved January 31, 1934, as amended from time
to time, and as set forth generally in 235 Illinois Compiled Statutes
5/1.2 are hereby incorporated and made a part of this chapter. Unless
the context otherwise requires, the following as used in this chapter
shall be construed according to the definitions given herein:
A permanent place of business for the retail sale of alcoholic
liquor in packages or original containers for consumption outside
the premises where sold.
Not for resale.
A work area not over six feet in length or three feet in
width or five feet in height, from which alcoholic liquors are mixed
or prepared for human consumption and situated in a restaurant, from
which work area the alcoholic liquors are so mixed or prepared for
the purpose only of being taken by the employees of such establishment
to tables occupied by patrons of such restaurant, for consumption,
in connection with and as a part of the meals sold to the customers
of such business.
A permanent place of business for the retail sale of alcoholic
liquor for consumption on the premises where sold.
[Ord. 88-11, 6-6-1988, § 1]
The Village President is hereby authorized to be the local liquor
control commissioner as defined in the liquor control act and shall
be charged with the administration of the liquor control act and of
such ordinances and resolutions relating to alcoholic liquor as may
be enacted by the President and Board of Trustees of the Village of
Elmwood Park.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2005-10, 7-18-2005, § 1]
The local liquor control commissioner shall have the following
powers and duties with respect to local liquor licenses and any other
powers and duties which may be granted from time to time by law:
(a)
To grant and/or suspend for not more than 30 days or revoke for cause, all retail local liquor licenses issued to persons or entities for premises within the Village. In addition to or in lieu of suspension or revocation, the local liquor commissioner may levy a fine for each violation, subject to the limitations set forth by Section 7-5 of the Illinois Liquor Control Act[1] and by Section 4-4.11 of this chapter.
[1]
Editor's Note: See 235 ILCS 5/7-5.
(b)
To enter or authorize any law enforcing officer to enter, at any
time, upon the premises licensed hereunder to determine whether any
of the provisions of the state law or Village ordinance or any rules
or regulations adopted by the Village or by the Illinois liquor control
commission have been or are being violated, and at such time to examine
the premises of the licensee in connection therewith.
(c)
To receive complaint(s) from any citizen that any provision of the
state law or of this chapter have been or are being violated and to
act upon such complaint(s) in the manner provided by law.
(d)
To receive local license fees and deposit same to the credit of the
Village.
(e)
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, or any licensee
against whom a citation proceeding has been instituted by the state
of Illinois liquor control commission; to examine, or cause to be
examined, the books and records of any such applicant or licensee;
and to hear testimony and take evidence 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.
(f)
To order, by issuance of a written order, any licensed premises closed
for not more than seven days giving the licensee an opportunity to
be heard during that period, if the local liquor control commissioner
has reason to believe that any continued operation of a particular
licensed premises will immediately threaten the welfare of the Village,
except if such licensee shall also be engaged in the conduct of another
business or businesses on the licensed premises, such order shall
not be applicable to such other business or businesses.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful to sell or offer for sale at retail, to
give away or to keep with intention of selling at retail or giving
away, alcoholic liquor within the Village without having a local retail
liquor dealer's license. Further it shall be unlawful to sell or offer
for sale at retail or to give away, alcoholic liquors within the Village
in violation of the terms of a local retail liquor dealer's license
issued by the Village; provided, however, nothing herein contained
shall prevent the possession and transportation of alcoholic liquor
for the lawful, personal use of the possessor, his family and his
guests, over the age of 21 years.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2006-09, 8-21-2006, § 1]
Applications for local retail liquor dealer's license shall
be made to the local liquor control commissioner, in writing, signed
by the applicant if an individual, signed by each individual partner
if a partnership, or signed 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 applicant's name, mailing address and telephone number;
(b)
The name and address of the applicant's business;
(c)
If applicable, the date of the filing of the "assumed name" of the
business with the county clerk of Cook County;
(d)
In case the applicant is a partnership, the date of the formation
of the partnership, the full name, age, address and telephone numbers
of all persons with an ownership interest in the partnership, or who
have a right to receive a direct or indirect benefit from the profits
of the partnership;
(e)
In the case of a corporation, if an Illinois corporation, the date
of its incorporation, or if a foreign corporation, the state where
it was incorporated and the date of its becoming qualified under the
Illinois business corporation act to transact business in the state
of Illinois, and in either case, a statement of the objects for which
the corporation was organized, the full name, age, address and telephone
number of all shareholders with an aggregate of more than 5% of the
capital stock of the corporation or of any person(s) receiving a direct
or indirect benefit from the profits of the sale of alcoholic liquors
in Elmwood Park;
(f)
The name, age, address and telephone number of the person(s) who
will manage the business of the applicant in the Village;
(g)
The citizenship of all persons required herein to be identified in
the application, their date and place of birth, and if a naturalized
citizen, the date and place of their naturalization;
(h)
The character of the business of the applicant;
(i)
The length of time that applicant has been in business of that character;
(j)
The location and description of the premises or place of business
which is to be operated under such license and the following information:
(1)
If a leased premises, a copy of the lease shall be provided
and the lease shall be for a term of sufficient length to encompass
the term of the license sought;
(2)
The name and address of the owner or owners of the premises
and the names and addresses of all the owners of the beneficial interest
of any trust if said premises is held in trust; and
(3)
If the premises or place of business which is to be operated
under such license is a condominium unit, a copy of the declaration
of condominium and a copy of the condominium association bylaws shall
be provided;
(k)
A statement whether the applicant has made similar application for
a similar license on premises other than described in this application,
and the description of such application;
(l)
A statement signed by or on behalf of the applicant and by all individuals
required to be identified therein, that each of them has never been
convicted of a felony or Class A misdemeanor, and is not disqualified
to receive a license by reason of any matter or thing contained in
the laws of the state of Illinois or the provisions of this chapter;
(m)
Whether a previous license by any state or subdivision thereof, or
by the federal government, has been issued, and if so, where and when,
and if such license has been revoked, state the reasons therefor;
(n)
A statement that the applicant and all individuals required to be
identified in the application have not in the past and will not in
the future violate any of the laws of the state of Illinois, or of
the United States, or any ordinances of the Village controlling the
retail sale of alcoholic liquors in the conduct of his business;
(o)
The applicant's retailers' occupation tax (ROT) registration number
and a statement whether the applicant is delinquent in the payment
of the retailers' occupation tax (sales tax), and if so, the reasons
therefor;
(p)
A statement whether applicant is delinquent under the thirty-day
credit law, and if so, the reasons therefor;
(q)
Whether the applicant possesses a current federal wagering and gaming
device stamp, and if so, the reasons therefor;
(r)
Whether the applicant, any individual identified in the application,
or any other person, directly or indirectly interested in his place
of business is a public official and if so, the particulars thereof;
(s)
A statement that applicant and all individuals required to be identified
in the application have not sold, delivered or given away any alcoholic
liquor in violation of any state law, or Village ordinance to a person
under the minimum age requirement to purchase or possess alcoholic
liquor;
(t)
Such additional information or identification as the local liquor
control commissioner may deem necessary in order to establish the
character of the applicant. Such information may include a requirement
that the applicant, if an individual, shall submit his fingerprints
to the local liquor control commissioner. In the case of a partnership,
the partners, or in the case of a corporation, the officers, manager
or directors thereof or any stockholder(s) owning in the aggregate
more than 5% of the capital stock of said corporation may be required
to furnish such additional information including fingerprints. An
applicant, whether an individual, partnership, association or corporation,
shall also furnish or cause to be furnished upon request such additional
information and fingerprints concerning the manager or agent who is
to conduct the business for which the application is sought. Further,
such additional information may include proof that the applicant and
the premises to be licensed comply with all other laws and ordinances
including licensing provisions, which apply to the applicant, to the
premises or to applicant's other business conducted on the premises.
[Ord. 88-11, 6-6-1988, § 1]
Any application received by the Village Clerk shall be forthwith
forwarded to the local liquor control commissioner, and the commissioner
shall issue a written acceptance or rejection of such application
within 60 days of its receipt by the local liquor control commissioner,
providing all information requested by this chapter or by the commissioner
has been furnished.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2018-59, 9-10-2018]
No local retail liquor dealer's license shall be issued to:
(a)
A person who is not a resident of the Village of Elmwood Park;
(b)
A person who is not of fit character and reputation in the community
in which he resides and in the Village of Elmwood Park;
(c)
A person who has not attained the age of 21 years;
(d)
A person who is not a citizen of the United States;
(e)
A person who has been convicted of a felony under any federal or
state law, if determined by the local liquor control commissioner
that such person has not been sufficiently rehabilitated to warrant
public trust;
(f)
A person who has been convicted of being the keeper or is keeping
a house of ill fame;
(g)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality;
(h)
A person whose license issued under this chapter has been revoked
for cause;
(i)
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license upon a first
application;
(j)
A partnership, unless all of the members of such partnership shall
be qualified to obtain a license;
(k)
A corporation or association, if any officer, manager or director
thereof, or any stockholder(s) or member(s) owning in the aggregate
more than 5% of the stock of such corporation or association, would
not be eligible to receive a license hereunder for any reason other
than citizenship or residence in the Village;
(l)
A corporation, unless it is incorporated in Illinois or unless it
is a foreign corporation which is qualified under the Illinois Business
Corporation Act to transact business in Illinois;
(m)
A person whose place of business is conducted by a manager or agent
unless said manager possesses the same qualification required of the
licensee;
(n)
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 shall have forfeited his bond to appear in court to
answer charges for any such violation;
(o)
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;
(p)
Any local law enforcing public official, including the President
or members of the Village Board of Trustees, except that a license
may be granted to any Village Trustee 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, 4) the Village Trustee does not vote on
alcoholic liquor issues pending before the Village Board of Trustees,
and 5) the Village Trustee shall not participate in any meetings,
hearings or decisions on matters impacting the manufacture, sale or
distribution of alcoholic liquor;
(q)
Any person, firm or corporation not eligible for a State retail liquor
dealer's license;
(r)
Any applicant who fails to obtain a State liquor license;
(s)
A person who is not a beneficial owner of the business to be operated
by the licensee;
(t)
A person who has been convicted of a gambling offense as proscribed by any of Subsections (a)(3) through (a)(10) of Section 18-1 of the Illinois Criminal Code of 1961, or as proscribed by 720 Illinois Compiled Statutes 5/28-3, as heretofore or hereafter amended, or as proscribed by a statute replacing any of the aforesaid statutory provisions; or any person who has been convicted of a gambling offense proscribed by an ordinance of the Village;
(u)
A person to whom a Federal gaming device stamp or a Federal wagering
stamp has been issued by the Federal government for the current tax
period;
(v)
A partnership to which a Federal gaming device stamp or a Federal
wagering stamp has been issued by the Federal government for the current
tax period, or, of which any of the partners have been issued a Federal
gaming device stamp or Federal wagering stamp by the Federal government
for the current tax period;
(w)
A corporation or association, if any officer, manager or director
thereof, or any stockholder or member owning in the aggregate more
than 20% of the stock of such corporation has been issued a Federal
gaming device stamp or a Federal wagering stamp for the current tax
period;
(x)
Any premises for which a Federal gaming device stamp or Federal wagering
stamp has been issued by the Federal government for the current tax
period.
[Ord. 88-11, 6-6-1988, § 1; Ord. 95-56, 12-18-1995, § 1; Ord.
2003-14, 7-7-2003, § 1; Ord. 2014-21, 6-16-2014; Ord. 2015-15, 5-4-2015; Ord. 2015-35, 7-20-2015; 11-9-2020 by Ord. No.
2020-35; 1-9-2023 by Ord. No. 2023-01; 2-5-2024 by Ord. No. 2024-12]
There shall be the following classes of licenses:
(a)
Class A license, tavern. This license shall authorize the retail sale of alcoholic liquor for consumption only on the premises specified. The fee for such a license shall be as provided in Section 4-4.7 of this chapter.
(b)
Class B license, package store. This license shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold. The fee for such a license shall be as provided in Section 4-4.7 of this chapter.
(c)
Class C license, club.
(1)
This license shall authorize the sale of alcoholic liquor in private clubs organized not for profit, under the laws of the state. The fee for such license shall be as provided in Section 4-4.7 of this chapter.
(2)
In addition there shall be available, in the discretion of the
Local Liquor Control Commissioner, permits for club use only. A permit
shall authorize the retail sale of alcoholic liquor for consumption
only, and may only be issued to a club, as defined in this chapter,
and shall cover only the area wherein the club is located, and no
such permit shall issue more than four times a year to any one club
during the license year. The fee shall be $30 for each permit. Such
permit shall expire within 24 hours from the date it was issued. The
number of such permits shall be determined solely in the discretion
of the Local Liquor Control Commissioner.
(d)
Class R License, restricted. This license shall only authorize the sale of alcoholic liquor mixed or prepared at a service bar in a restaurant by employees thereof, and taken by them to tables in such establishment occupied by patrons of such restaurant, for consumption, in connection with and as part of the meals sold to them by such business. The fee for such a license shall be as provided in Section 4-4.7 of this chapter.
(e)
Class S license, special event. This license shall authorize the
retail sale or giving away of beer or wine for consumption only on
the specified premises at any specific event by any church or not-for-profit
organization, provided such event is organized for a purpose other
than the sale or consumption of alcoholic liquor. Such Class S license
shall be in effect for up to five days as specified in the license.
(f)
Class W license, limited wine sales (packaged goods). This license
shall authorize the retail sale, by a delicatessen or specialty food
store, of "alcoholic beverages," defined as wine only with an alcoholic
content not to exceed 30% of content, such wine to be limited to a
single producer of wine, which producer is a member of the immediate
family of the proprietor of the licensed premises, but not for consumption
on the licensed premises.
(g)
Class A-3 special license, tavern restricted. This license shall authorize the retail sale of alcoholic liquor for consumption only on the premises specified in an establishment that has food service provided by a restaurant that is either located on the same premises or on premises immediately adjacent to the licensed premises by means of a pass-through of such food from the restaurant to the licensed premises. The fee for such license shall be as provided in Section 4-4.7 of this chapter.
(h)
Class A-4 Special License, Restricted Restaurant (Beer Sales for
Consumption Only On Premises). This license shall authorize the retail
sale of beer for consumption only on the specified premises in a restaurant
when the sale of beer is not the principal business carried on in
such restaurant, and which restaurant is located less than 100 feet
from any church.
(i)
Class TOP temporary license, off-premises consumption at village-sponsored events. This temporary license shall authorize the retail sale of alcoholic liquor by designated holders of a Class A license, off premises at a Village-sponsored event, for consumption only at such Village-sponsored event. There shall be no fee for such license. The hours of operation for such Class TOP licenses shall be determined in the discretion of the Local Liquor Control Commissioner, in accordance with Subsection 4-5.3(c) of this chapter, but in no event shall such hours of operation extend beyond the closing time for such Village-sponsored event. The number of such licenses shall be determined solely in the discretion of the Local Liquor Control Commissioner. Notwithstanding Section 4-4.8 of this chapter, the duration of such license shall be determined solely by the Local Liquor Control Commissioner, but in no event shall such license continue beyond the last date of such Village-sponsored event for which such temporary license had been issued.
(j)
Class VB License, Village Building. This license shall authorize the retail sale of alcoholic liquor for consumption only on the Village-owned premises located at 4 Conti Parkway, Elmwood Park, Illinois. The fee for such license shall be as provided in Section 4-4.7 of this chapter.
(k)
Class A-5, Supplemental License, Breakfast Sales. This license shall authorize the sale of alcoholic liquor for consumption only on the premises where sold by holders of either a Class A or a Class R license, only while breakfast is being served by such establishment. The fee for such license shall be as provided in Section 4-4.7 of this chapter.
[Ord. 88-11, 6-6-1988, § 1; amended by Ord., 12-18-1989, § 2; Ord. 91-36, 4-6-1992, § 1; Ord.
92-4, 6-1-1992, § 1; Ord. 95-56, 12-18-1995, § 2; Ord. 2002-30, 5-6-2002, § 1; Ord.
2003-14, 7-7-2003, § 1; Ord. 2004-20, 8-2-2004, § 1; Ord. 2010-04, 2-1-2010, § 1; Ord.
2011-03, 3-7-2011; Ord. 2011-19, 8-15-2011; Ord. 2013-08, 5-20-2013; Ord. 2013-21, 11-4-2013; Ord. 2014-01, 2-3-2014; Ord. 2014-07, 3-3-2014; Ord. 2014-21, 6-16-2014; Ord. 2014-36, 9-15-2014; Ord. 2015-11, 3-16-2015; Ord. 2015-15, 5-4-2015; Ord. 2015-19, 6-1-2015; Ord. 2015-35, 7-20-2015; Ord. 2016-01, 2-1-2016; Ord. 2016-03, 3-7-2016; Ord. 2016-05, 3-21-2016; Ord. 2017-01, 1-9-2017; Ord. 2017-07, 3-6-2017; Ord. 2017-10, 3-20-2017; Ord. 2018-65, 10-1-2018; Ord. 2019-11, 2-4-2019; Ord. 2019-13, 3-4-2019; Ord. 2019-15, 3-4-2019; 11-9-2020 by Ord. No. 2020-35; 1-4-2021 by Ord. No. 2021-01; 3-1-2021 by Ord. No. 2021-11; 5-3-2021 by Ord. No. 2021-30; 7-11-2022 by Ord. No. 2022-26; 12-5-2022 by Ord. No. 2022-51; 1-9-2023 by Ord. No. 2023-01; 6-5-2023 by Ord. No. 2023-47; 8-7-2023 by Ord. No. 2023-57; 2-5-2024 by Ord. No. 2024-12; 6-3-2024 by Ord. No. 2024-51]
The Local Liquor Commissioner shall not issue more than the
number of licenses set forth hereinbelow for each class:
|
Type
|
Number
|
|---|---|
|
Class A license
|
13
|
|
Class B license
|
17
|
|
Class C license
|
0
|
|
Class R license
|
28
|
|
Class S license
|
4
|
|
Class W license
|
0
|
|
Class A-3 license
|
1
|
|
Class A-4 license
|
0
|
|
Class TOP license
|
*
|
|
Class VB license
|
1
|
|
Notes:
| |
|
*
|
To be determined solely in the discretion of the Local Liquor
Control Commissioner.
|
[Ord. 88-11, 6-6-1988, § 1; Ord., 2-19-1990, § 1; Ord. 95-56, 12-18-1995, § 6; Ord.
2003-14, 7-7-2003, § 1; Ord. 2008-20, 7-21-2008, § 1; Ord. 2014-21, 6-16-2014; Ord. 2015-15, 5-4-2015; Ord. 2015-35, 7-20-2015; 11-9-2020 by Ord. No. 2020-35; 1-9-2023 by Ord. No.
2023-01; 2-5-2024 by Ord. No. 2024-12]
(a)
The fees for the various classes of licenses authorized herein for
the administration thereof shall be as follows:
|
Type
|
Fee
|
|---|---|
|
Class A license
|
$1,500 per year
|
|
Class B license
|
$1,500 per year
|
|
Class C license
|
$550 per year
|
|
Class R license
|
$1,500 per year
|
|
Class S license
|
$30 per day
|
|
Class W license
|
$600 per year
|
|
Class A-3 license
|
$1,500 per year
|
|
Class A-4 license
|
$1,500 per year
|
|
Class TOP license
|
No fee
|
|
Class VB license
|
$1,500 per year
|
|
Class A-5 license
|
$100 per year
|
(b)
At the time application is made to the Local Liquor Control Commissioner
for the issuance of a license of any class, the applicant shall pay
to the Village the fee provided for the class of license for which
the application is filed. In the event the license applied for is
issued, the fee shall be applied to the license; however, in the event
the license applied for is denied, or the license applied for is withdrawn
by the applicant, the fee, except for a processing charge of $300,
shall be returned to the applicant. The processing charge does not
apply to Class C, S, A-5 or TOP licenses.
(c)
Whenever any license hereunder has been revoked as provided for in
this chapter, the licensee shall incur a forfeiture of all monies
that have been paid for said license.
[Ord. 88-11, 6-6-1988, § 1; Ord. 95-56, 12-18-1995, § 3; Ord.
2008-20, 7-21-2008, § 2]
Every such Village retailer's license for the sale of alcoholic
liquor shall be issued for annual periods to begin on May 1 and to
end on the following April 30.
[Ord. 88-11, 6-6-1988, § 1]
The Liquor Commissioner shall keep a complete record of all
local retail liquor dealers' licenses issued pursuant to this chapter
and shall immediately give written notice to the Chief of Police of
the issuance, renewal, revocation or suspension of any such license.
[Ord. 88-11, 6-6-1988, § 1]
At any time during the pendency of an application for issuance,
the Local Liquor Control Commissioner shall have the right to compel
the applicant to submit to any examination and to produce any books
and records which, in the judgment of the Local Liquor Control Commissioner,
are material to the determination of whether the applicant is qualified
to receive a license under the provisions of this chapter, or whether
the premises sought to be licensed are suitable for such purposes.
The local liquor control commissioner shall have the right to require
the applicant to answer any objection to the issuance or renewal of
the license or any charges made by the Trustee of the Village, Chief
of Police, attorney for the Village, prosecuting attorney for the
Village, or by the sheriff or prosecuting attorney for the county
of Cook. The failure of any applicant to appear at the time and place
fixed by the local liquor control commissioner for his examination
or to produce books and records requested, unless for good cause shown,
shall be deemed to be an admission that the objections or charges
are true and that the applicant is not qualified to receive a license.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2005-10, 7-18-2005, § 1]
The local liquor control commissioner may, in accordance with
the Illinois liquor control act, revoke or suspend any license issued
under the provisions of this chapter, if after hearing he determines
that the licensee has violated any of the provisions of the Illinois
liquor control act, this chapter or any other ordinance or resolution
enacted by the corporate authorities of the Village of Elmwood Park,
or any applicable rules or regulations established by the local liquor
control commissioner or the Illinois liquor control commission or
any state and/or federal statute which is not inconsistent with the
law. In addition to or in lieu of a suspension or revocation, the
local liquor control commissioner may levy a fine on the licensee
for each such violation. The fine imposed shall not exceed $1,000
for a first violation within a twelve-month period, $1,500 for a second
violation within a twelve-month period, and $2,500 for a third or
subsequent violation within a twelve-month period. Each day on which
a violation continues shall constitute a separate violation. Not more
than $15,000 in fines under this section shall be imposed against
any retail local liquor licensee during the annual period of the license.
In addition thereto the local liquor control commissioner may order
the licensee to pay all or a portion of the costs and reasonable attorney
fees incurred by the Village in conducting a license violation hearing.
Provided, however, no such license shall be revoked or suspended
and no licensee shall be fined or ordered to pay costs except after
a public hearing by the local liquor control commissioner after a
three-day written notice to the licensee affording the licensee an
opportunity to appear and defend the charges contained in such notice.
If the local liquor control commissioner has reason to believe
that any continued operation of a particular licensed premises will
immediately threaten the welfare of the community he may, upon the
issuance of a written order stating the reason for such conclusion
and without notice or hearing, order the licensed premises closed
for not more than seven days, giving the licensee an opportunity to
be heard during that period; except that if the licensee is also engaged
in another business on the licensed premises, such order shall not
be applicable to such other business.
The local liquor control commissioner shall, within five days
after such hearing, if he determines that the license should be revoked
and/or suspended, or that the licensee should be fined, state the
reason for such determination in a written order of revocation, suspension
and/or fine and serve a copy of such order within five days upon the
licensee.
Sections 7-7, 7-9, 7-12, and 7-13 of the Illinois Liquor Control
Act[1] are incorporated herein by specific reference and made
a part of this chapter. Review of decisions of the local liquor control
commissioner shall be limited to a review of the official record of
the proceedings of the local liquor control commissioner as provided
by Section 7-9 of the Illinois Liquor Control Act.
[1]
Editor's Note: See 235 ILCS 5/7-1 et seq.
[Ord. 88-11, 6-6-1988, § 1]
Whenever any licensee shall have been convicted by any court
of a violation or any of the provisions of the liquor control act,
or of this chapter or any other ordinance of the Village of Elmwood
Park controlling or regulating the sale of alcoholic liquors, the
licensee may, in addition to all other penalties for such offense,
incur a forfeiture of any local retail dealer's license issued pursuant
to this chapter and all monies that may have been paid therefor.
[Ord. 88-11, 6-6-1988, § 1]
When any license shall have been revoked for any cause, no license
shall be granted to any person for the period of one year thereafter
for the conduct of the business of selling alcoholic liquor at retail
in the premises described in such revoked license.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2016-12, 5-2-2016]
No license shall be granted to any applicant nor shall any renewal
license be issued until such applicant shall furnish evidence satisfactory
to the local liquor control commissioner that such applicant is covered
by a policy of dramshop insurance, in an amount not less than $1,000,000
per occurrence and per aggregate, which insurance shall list the Village
of Elmwood Park as a certificate holder, and which insurance shall
be issued by a responsible insurance company authorized and licensed
to do business in the state of Illinois, insuring such applicant against
liability which applicant may incur under the provisions of Section
6-21 of the Liquor Control Act of 1934,[1] and each licensee shall be required to maintain said insurance
during the period that the license is in effect, as a condition of
such license.
The provisions of this section shall be liberally construed
and each applicant and license holder shall have the burden of providing
the local liquor control commissioner with satisfactory evidence that
said insurance is in full force and effect at any particular time
during the term of any such license. Failure to do so after the issuance
of any local liquor license shall render said license void ab initio.
[1]
Editor's Note: See 235 ILCS 5/6-21.
[Ord. 88-11, 6-6-1988, § 1; Ord. 95-56, 12-18-1995, § 4]
(a)
It shall be unlawful for any license holder to permit the tasting
or sampling of alcoholic liquor on the premises, unless said tasting
or sampling is a part of a promotion or sales device to encourage
the sale of packaged liquor and no charge of any kind or character
is made for such sampling or tasting.
(b)
All retail licensees shall abide by the provisions of Section 6-28
of the Liquor Control Act of 1934,[1] as amended, prohibiting certain happy hours practices
and other price promotions. No retail licensee or employee or agent
of such licensee shall:
(1)
Sell, offer to sell, or serve to any person an unlimited number
of drinks of alcoholic liquor during any set period of time for a
fixed price, except at private functions not open to the general public;
(2)
Sell, offer to sell or serve any drink of alcoholic liquor to
any person on any one date at a reduced price other than that charged
other purchasers of drinks on that day where such reduced price is
a promotion to encourage consumption of alcoholic liquor, except as
authorized in Subsection (c)(4) of this section;
(3)
Increase the volume of alcoholic liquor contained in a drink,
or the size of a drink of alcoholic liquor, without increasing proportionately
the price regularly charged for the drink on that day;
(4)
Encourage or permit, on the licensed premises, any game or contest
which involves drinking alcoholic liquor or the awarding of drinks
of alcoholic liquor as prizes for such games or contests on the licensed
premises; or
(5)
Advertise or promote in any way, whether on or off the licensed
premises, any of the practices prohibited under Subsections (b)(1)
through (b)(4) of this section.
[1]
Editor's Note: See 235 ILCS 5/6-28.
(c)
Nothing in Subsection (b) of this section should be construed to prohibit a licensee from:
(1)
Offering free food at any time;
(2)
Including drinks of alcoholic liquor as part of a meal package;
(3)
Selling pitchers (or the equivalent, including, but not limited
to), buckets, carafes or bottles of alcoholic liquor which are customarily
sold in such manner and for such price and delivered to two or more
persons at one time; or
(4)
Increasing prices of drinks of alcoholic liquor in lieu of,
in whole or in part, a cover charge to offset the cost of special
entertainment not regularly scheduled.
(d)
No special promotions or events which include music in the form of
bands, orchestras or disc jockey equipment shall be permitted except
in establishments which have been granted a permit by the Local Liquor
Control Commissioner, or his designee, to provide music. Any business
which has been licensed as a banquet hall shall be exempt from this
provision.
[Ord. 99-11, 9-20-1999, § 1; Ord. 2014-21, 6-16-2014; Ord. 2015-15, 5-4-2015; Ord. 2018-61, 9-10-2018; Ord. 2019-57, 12-2-2019; 1-9-2023 by Ord. No. 2023-01; 2-5-2024 by Ord. No. 2024-12]
(a)
Except for those holders of a Class B or Class A-5 supplemental license,
no person licensed hereunder as a retailer of alcoholic liquor shall
sell, permit to be sold, or give away any alcoholic liquor between
the hours of 2:00 a.m. and 9:00 a.m. on Monday through Saturday, and
between the hours of 3:00 a.m. and 9:00 a.m. on Sundays.
(b)
No person holding a Class B package store license shall sell, permit
to be sold or give away any alcoholic liquor between the hours of
10:00 p.m. and 9:00 a.m. on Monday through Sunday. Notwithstanding
any restrictions contained herein to the contrary, supermarkets holding
a Class B license that have a sales area exceeding 12,000 square feet
may offer packaged alcoholic liquor for sale during their normal hours
of business operations, provided that no such sales shall take place
between the hours of 10:00 p.m. and 8:00 a.m.
(c)
Persons holding a Class A-5 supplemental license, in addition to the hours of operation permitted as set forth in Subsection (a) of this section for the Class A or Class R license of such license holder, shall also be permitted to sell alcoholic liquor between the hours of 6:00 a.m. and 9:00 a.m., but only while breakfast is being served by such establishment.
(d)
The hours of operation may be extended upon the direction of the
Local Liquor Control Commissioner on special occasions of a Villagewide,
statewide or nationwide character, or for special events, in the discretion
of the Local Liquor Control Commissioner.
(e)
During such prohibited hours of sale, every location, place or premises
where alcoholic liquor may be sold at retail shall be kept closed,
and no persons other than the licensee or the licensee's employees
shall be permitted to remain therein. All doors directly opening into
or out of such location, place or premises for ingress thereto or
egress therefrom shall be securely locked during the prohibited hours
of sale. The provisions of this section relating to the closing of
the premises and the locking of the doors shall not apply to hotels
that are licensed as either food dispensers, clubs or restaurants.
Delicatessens and holders of Class B licenses who are also engaged
in businesses other than the sale of alcoholic liquor shall be required
to close for all business purposes between the hours of 11:00 p.m.
and 5:00 a.m.
[Ord. 88-11, 6-6-1988, § 1]
No premises upon which the sale of alcoholic liquor for consumption
upon the premises is licensed (other than as a restaurant, hotel and
club, where the sale of alcoholic liquor is not the principal business
carried on) shall be permitted to have, between the area vertically
four feet above ground level and six feet above ground level, running
horizontally the entire length of such premises, any screen, blind,
curtain, partition, article or thing in the windows or upon the doors
of such licensed premises or 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 construction nor any arrangement of lights or lighting shall
be permitted in or about the interior of such licensed premises which
shall prevent a full view of the interior of such premises from the
street, road or sidewalk, and such premises must be so located that
there shall be a full view of where liquor is sold for consumption
upon the premises. The premises shall be continuously lighted during
business hours by natural light or artificial white light 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 this
section shall be wilfully obscured by the licensee or in any manner
obstructed, then such license shall be subject to revocation. In order
to enforce the provisions of this section, the Local Liquor Control
Commissioner shall have the right to require the filing of plans,
drawings and photographs showing the clearance of the view as required
by this section.
[Ord. 88-11, 6-6-1988, § 1]
A license shall be a purely personal privilege, good for not
to exceed six months after issuance unless sooner revoked 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 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,
and the Trustee of an insolvent or bankrupt licensee, when such estate
consists in part of alcoholic liquor may continue the business of
sale of alcoholic liquor under the 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.
[Ord. 88-11, 6-6-1988, § 1]
(a)
Any changes in partners or in officers, directors, persons holding
directly or beneficially more than 5% of the stock or ownership interests
of corporations, or managers of establishments licensed under this
chapter, shall be reported in writing to the liquor control commissioner
within 10 days of the change. All new personnel shall meet all the
standards of this chapter and must otherwise qualify to hold a liquor
license. All such changes in personnel shall be subject to review
by the local liquor control commissioner within 30 days of the change.
(b)
When a license has been issued to a partnership and a change of ownership
occurs resulting in a partnership interest by one who is not eligible
to hold a liquor license, said license shall terminate.
(c)
When a license has been issued to a corporation and a change takes
place in officers, directors, managers or shareholders of more than
5% of the stock, resulting in the holding of office or such shares
of stock by one who is not eligible for a license, said license shall
terminate.
(d)
When a license has been issued to an individual who is no longer
eligible for a license, said license shall terminate.
[Ord. 88-11, 6-6-1988, § 1]
(a)
Application; Fee. Licenses issued pursuant to this chapter shall
apply only to the premises described in the application and in the
license issued thereon, and only one location shall be so described
in each license. After a license has been granted for a particular
premises, the local liquor control commissioner, upon proper showing,
may endorse upon the license permission to abandon the premises therein
described and remove therefrom to other premises approved by him but
in order to obtain such approval the licensee shall file with the
local liquor control commissioner a request in writing and a statement
under oath which shall show that the premises to which removal is
to be made complies in all respects with the requirements of this
chapter. The fee for such transfer shall be $100, payable to the Village
Collector upon application for a change of location.
[Ord. 88-11, 6-6-1988, § 1]
All premises used for the retail sale of alcoholic liquor, or
for the storage of such liquor for sale, shall be kept in full compliance
with the ordinances regulating the condition of premises used for
the storage or sale of food for human consumption.
Every person licensed hereunder who shall sell any alcoholic
liquor for consumption on the premises of such licensee shall keep
and maintain the licensed premises equipped with running hot or cold
water and adequate sanitary washing facilities for the cleansing of
glasses and service utensils, shall provide adequate toilet facilities
for both males and females, and shall otherwise comply with all health
and sanitary requirements of the ordinances of the Village applicable
to the licensed business. All employees shall be clean in person and
in clothing, and no person afflicted with any contagious or infectious
diseases in communicable form shall be employed in or about the serving
of liquor or in the washing of glasses or other utensils.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful to employ in 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 diseases;
and it shall be unlawful for any person who is afflicted with or is
a carrier of such diseases to work in or about any premises or to
engage in any way in the handling, preparation or distribution of
such liquor.
[Ord. 88-11, 6-6-1988, § 1; Ord. 2015-15, 5-4-2015]
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, game room, homes for 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
a restaurant which is located within 100 feet of any church, where
the sale of alcoholic liquor is not the principal business carried
on in the place of business so exempted, and for which a Class A-4
license has been issued for the retail sale of beer for consumption
only on the premises specified. In determining the distance provided
for in this section, the boundaries of the lot or parcel of land upon
which a school, hospital, home or military station is located shall
be used as the point from which measurement shall be taken. 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. In the case of a game room,
the closest point of said game room shall be used as a point from
which measurement shall be taken.
Nothing in this section 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.
[Ord. 88-11, 6-6-1988, § 1]
Every act or omission of whatever nature, constituting a violation
of any of the provisions of this chapter by an officer, director,
manager or other agent or employee of any licensee, if such act is
committed or omission is made within the scope of such agency or employment
or with the authorization, knowledge or approval of the licensee,
shall be deemed and held to be the act of such employer or licensee
and such employer and licensee shall be punishable in the same manner
as if such act or omission had been done or omitted by him personally.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful to permit any gambling on any premises
licensed to sell alcoholic liquor. For the purpose of this section,
gambling shall be defined in accordance with the definition ascribed
thereto, from time to time in 720 Illinois Compiled Statutes 5/28-1
et seq.
[Ord. 88-11, 6-6-1988, § 1]
No person licensed under this chapter shall fill or refill,
in whole or in part, any original package of alcoholic liquor with
the same or any other kind or quality of alcoholic liquor; and it
shall be unlawful for any person to have in his possession for sale
at retail any bottles, casks or other containers of alcoholic liquor,
except in original packages.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful for any licensee, his manager or other
person in charge of any licensed premises where alcoholic liquor is
sold or offered for consumption thereon to engage, employ or permit
the engagement or employment of any person nor shall any person be
permitted to remain on said premises, who shall solicit any patron
or customer thereof to purchase alcoholic or nonalcoholic liquor for
said person, or any other person therein; nor shall any female, or
any male representing himself to be female, whether an employee, entertainer
or otherwise, solicit any patron or customer therein to purchase alcoholic
or nonalcoholic liquor for herself or himself or any other person
therein; provided however, that nothing herein contained shall prohibit
any adult manager, bartender or waitress who shall be regularly employed
therein from accepting and serving the order of a patron or customer
in the regular course of employment as such manager, bartender or
waitress.
[Ord. 88-11, 6-6-1988, § 1]
Every licensee shall cause his license or licenses to be framed
and posted in plain view in a conspicuous place on the licensed premises.
[Ord. 88-11, 6-6-1988, § 1]
Any licensee who ceases to do business or closes his place of
business for a period of more than 30 successive days shall be subject
to having his license declared forfeited and lapsed by order of the
local liquor commissioner.
[Ord. 92-34, 6-7-1993, § 1]
(a)
It shall be unlawful for any holder of a local liquor license or
his agents or employees to sponsor, allow or otherwise permit to be
conducted upon the licensed premises male or female nude or seminude
dancing or entertainment, lingerie fashion shows or displays, or swimwear
fashion shows or displays.
[Ord. 88-11, 6-6-1988, § 1]
(a)
No person under the age of 21 years shall consume, purchase or accept delivery of alcoholic liquor or have alcoholic liquor in his or her possession within the Village; provided, the possession and dispensing or consumption by a person under the age of 21 years of alcoholic liquor in the performance of a religious service or ceremony, the consumption by a person under the age of 21 years under the direct supervision and approval of the parent(s) or guardian(s) of such underage person in the privacy of the parent's or guardian's home, or the possession and delivery of alcoholic liquors in pursuance of a person's employment by a licensee under this chapter as allowed in Section 4-6.8 of this chapter is not prohibited.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful for any parent or guardian to knowingly
suffer or permit any minor child of which he or she may be the parent
or guardian to violate any provision of this chapter.
[Ord. 88-11, 6-6-1988, § 1]
It shall be unlawful for any owner or occupant of any premises located 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 liquors in violation of Section 4-6.1 of this chapter.
[Ord. 88-11, 6-6-1988, § 1]
(a)
No licensee or 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, or to any intoxicated person,
or to any person known by him to be a habitual drunkard, insane, mentally
ill, mentally deficient or in need of mental treatment.
(b)
For the purpose of preventing the violating 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 over the age
of 21 years, as required by this chapter.
[Ord. 88-11, 6-6-1988, § 1]
(a)
If a licensee or his agent or employee believe, has reason to believe
or should have reason to believe that a sale or delivery of alcoholic
liquor is prohibited because the prospective recipient is underage,
then he shall, before making such sale or delivery, demand presentation
of at least two separate forms of positive identification each containing
proof of age, each issued by a public officer in the performance of
his official duties and one of those forms of identification must
contain a picture of the holder thereof. A traffic citation shall
not be accepted as identification or evidence of age.
(b)
No person shall transfer, alter or deface an identification card
issued by a federal, state, county or municipal government or subdivision
or agency thereof, use the identification card of another, carry or
use a false or forged identification card, or obtain an identification
card by means of false identification.
(c)
No person shall purchase, accept delivery or have possession of alcoholic
liquor by the use of an altered, forged or defaced identification
card or by the use of an identification card of another person.
(d)
No person shall misrepresent his or her age for the purpose of purchasing
or obtaining alcoholic liquor in any place in the Village where alcoholic
liquor is sold at retail.
[Ord. 88-11, 6-6-1988, § 1]
In every place in the Village of Elmwood Park 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 local liquor control
commissioner and which shall read substantially as follows:
WARNING: If you are under 21 years of age, you are subject to
a fine up to $500 under the Elmwood Park Village Code, 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.
[Ord. 88-11, 6-6-1988, § 1]
(a)
In addition to all other fines and penalties the local liquor control commissioner may revoke, suspend or refuse to renew any license of a licensee who violates the provisions of Section 4-6.4 of this chapter.
(b)
Proof that the licensee, or his employee or agent, demanded, was shown and reasonably relied upon written evidence of identification as required by Section 4-6.5 of this chapter in any transaction forbidden by Section 4-6.4 of this chapter is competent evidence and may be considered in any ordinance violation prosecution or in any proceedings for the suspension or revocation of any license based on a violation of Section 4-6.4 of this chapter.
[Ord. 88-11, 6-6-1988, § 1]
(a)
It shall be unlawful for any licensee, or any officer, associated
member, representative, agent or employee of such licensee, to engage,
employ or permit any person under the age of 21 years to tend bar
and/or to draw, pour or mix any alcoholic liquor in any licensed premises;
provided, that the provisions of this section shall not be construed
to prevent the employment of persons who are at least 19 years of
age as waiters or waitresses in restaurants, hotels, or motels for
the purpose of serving food and alcoholic liquor on the licensed retail
premises.
(b)
It shall be unlawful for any licensees or any officer, associates,
member, representative, agent or employee of such licensees, to engage,
employ or permit any person under 21 years to sell any alcoholic liquor
in any licensed premises.
[Ord. 2019-19, 4-1-2019]
(a)
No licensee shall knowingly deliver or cause to be delivered, by
any representative, agent, or employee of the licensee, alcoholic
liquor to a residential address to any person under the age of 21
years. No express company, common carrier, or contract carrier, nor
any representative, agent or employee on behalf of an express company,
common carrier, or contract carrier that carries or transports alcoholic
liquor for delivery within the Village shall knowingly give or knowingly
deliver to any person in the Village under the age of 21 years, at
a residential address, any shipping container clearly labeled as containing
alcoholic liquor and labeled as requiring signature of an adult at
least 21 years of age. Upon delivery of alcoholic liquor to a residential
address, a licensee shall obtain or cause to be obtained, by its representative,
agent or employee, or by any representative, agent or employee of
an express company, common carrier, or contract carrier that carries
or transports such alcoholic liquor, a signature at the time of delivery
acknowledging receipt of the alcoholic liquor by an adult who is at
least 21 years of age. At no time while delivering alcoholic beverages
may any representative, agent, or employee of the licensee or any
representative, agent or employee of an express company, common carrier
or contract carrier that carries or transports alcoholic liquor deliver
the alcoholic liquor to a residential address without the acknowledgment
of the consignee and without first obtaining a signature at the time
of the delivery by an adult who is at least 21 years of age. A signature
of a person on file with the licensee or with an express company,
common carrier, or contract carrier does not constitute acknowledgement
of the consignee.
(b)
No person under the age of 21 years may deliver alcoholic liquor
to a residential address, and it shall be unlawful for any licensee
to employ a person under the age of 21 years to deliver alcoholic
liquor to a residential address.
(c)
Any express company, common carrier, or contract carrier that transports
alcoholic liquor for delivery within the Village that violates this
section by delivering alcoholic liquor without the acknowledgement
of the consignee and without first obtaining a signature at the time
of the delivery by an adult who is at least 21 years of age shall
be in violation of this section, and shall be fined not more than
$1,001 for a first offense, not more than $5,000 for a second offense,
and not more than $10,000 for a third or subsequent offense. An express
company, common carrier, or contract carrier shall be held vicariously
liable for the actions of its representatives, agents, or employees.
For purposes of this section, in addition to other methods authorized
by law, an express company, common carrier, or contract carrier shall
be considered served with process when a representative, agent, or
employee alleged to have violated this section is personally served.
Each shipment of alcoholic liquor delivered in violation of this section
shall constitute a separate offense.
[Ord. 2014-45, 11-3-2014]
(a)
No person shall consume or possess alcoholic liquor, with the original
package seal broken, on any street, highway, or in any public place,
except as provided herein. The prohibitions contained in this section
shall not apply to persons who are attending a block party for which
a permit has been issued by the Village, but only within that portion
of the street or on the public way adjacent thereto that has been
closed to vehicular traffic in connection with such block party. During
the "Taste of Elmwood Park" and/or any other Village-sponsored event
where alcoholic liquor sales are permitted by Village-approved and
-licensed purveyors, who have been issued a temporary, off-premises
liquor license, specifically issued for such Village-sponsored event,
alcoholic liquor may be consumed, but only in containers provided
by such vendors and only in those areas specifically designated by
the Chief of Police of the Village of Elmwood Park or his/her designee.
In addition, during any Village-sponsored event where alcoholic liquor
sales are not permitted, alcoholic liquor may be consumed, but only
at such Village-sponsored events and in such public areas that have
been specifically designated by the Village Manager or his/her designee
Notwithstanding the above, the retail sale and delivery of alcoholic
liquor is authorized at the following location belonging to or under
the control of the Village, or located on land that is under control
of the Village: 4 Conti Parkway, Elmwood Park, Illinois. A license
may be issued for the retail sale or delivery of alcoholic liquor
for consumption on the premises at such specifically designated building
or location belonging to or under control of the Village.
[Amended 11-9-2020 by Ord. No. 2020-35]
(b)
No person shall transport, carry, possess or have any alcoholic liquor, beer or wine within the passenger area of any motor vehicle, unless in the original package and with the seal unbroken, except as provided by Subsection (c) of this section.
(c)
Notwithstanding any other provision of this chapter, the owner or licensee of any premises: 1) licensed to serve alcoholic liquor pursuant to this chapter; and 2) on which a restaurant (as defined in Chapter 21, Article IV of this Code) is operated, may permit a patron to remove one unsealed partially consumed bottle of wine for off premises consumption, provided that the patron has purchased a meal and consumed a portion of such bottle of wine with the meal on the premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises, and shall be placed in a transparent, onetime use tamperproof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this section and which has not been tampered with, shall not be deemed an unsealed container for the purposes of Section 11-502 of the Illinois Vehicle Code[1] or any comparable provision of this Code.
[1]
Editor's Note: See 625 ILCS 5-11/502.
[Ord. 2014-45, 11-3-2014]
Any person violating any provision of this chapter shall be
fined not less than $25 nor more than $500 for each offense, and a
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues. In addition to any other penalty,
a licensee convicted of violating any provision of this chapter may
be subject to having his license revoked, suspended or not renewed
by the Liquor Control Commissioner.
[Ord. 2014-45, 11-3-2014]
The repeal of this chapter or parts of ordinances effectuated
by the enactment of this chapter shall not be construed as abating
any actions now pending under or by virtue of such ordinance or as
discontinuing, abating, modifying or altering any penalty accruing
or to accrue or as affecting the liability of any person, firm or
corporation or as waiving any right of the Municipality under any
section or provision existing at the time of the passage of this chapter.
It is the intention of the Village Board that this chapter, and every
provision thereof, shall be considered separable; and that the provisions
thereof shall be considered applicable, and that the invalidity of
any section, clause, provision or part or portion of any section,
clause or provision of this chapter shall not affect the validity
of any other portion of this chapter. If any part or provision of
this chapter or the application thereof to any person or circumstances
shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined by its operation to the controversy in
which it was mentioned and shall not affect or invalidate the remainder
of this chapter or the application thereof to any other person or
circumstances and to this end the provisions of this chapter are declared
severable.
