[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:
PACKAGE GOODS STORE
A permanent place of business for the retail sale of alcoholic liquor in packages or original containers for consumption outside the premises where sold.
RETAIL SALE
Not for resale.
SERVICE BAR
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.
TAVERN
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.
(b) 
The activities otherwise prohibited by Subsection (a) of this section shall not be unlawful if conducted at a private party or other private function not open to the general public, and such activity is incidental to the private party or other private function.
(c) 
Any person violating the provisions of this section shall be fined not less than $25 nor more than $500 for each offense. This fine shall be in addition to any fine, license suspension or revocation as provided for in Section 4-4.11 of this chapter.
[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.
(b) 
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 as allowed hereunder in Subsection (a) of this section.
[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.