[Ord. 250, 12-7-1987; amended Ord. 577, 11-3-2003]
Unless the context otherwise requires, the words and phrases
such as alcohol, spirits, wine, beer, alcoholic liquor, original package,
retailer, sell at retail, sale at retail, to sell, restaurant, club,
hotel, and other words and phrases herein, shall be construed to mean
and shall have the meanings defined in the Illinois control act, more
particularly Chapter 235 of the Illinois Compiled Statutes.
Any establishment or building, or part thereof, and containing
at least 10 alleys, where the game of bowling is played with composition
balls and 10 wooden pins.
Shall have the definition as set forth in Chapter 235 of
the Illinois Compiled Statutes, Section 5/1-3.24 (2002) as amended
from time to time by the state legislature.
The sale or offering for sale at retail of any alcoholic
liquor for consumption on the premises sold.
The premises described in the license.
The Mayor, and such persons as he may appoint to assist him
in the duties thereof.
Any bottle, flask, jug, can, cask, barrel, keg, hogshead
or other receptacle or container whatsoever used, corked or capped,
sealed and labeled by the manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
Shall include all persons who are owners of or are in control
of any place for the sale or where distribution of alcoholic liquors
is carried on, whether they are individuals, partners, corporations,
joint stock companies, fiduciaries or officers, directors, stockholders
of corporations or otherwise.
The sale or offering for sale at retail of alcoholic liquor
in the original package, and not to be consumed or in fact consumed
in whole or in part on the premises where sold.
Any public place kept, used, maintained, advertised and held
out to the public as a place where meals are actually and regularly
served, such space being provided with adequate and sanitary kitchen
and dining room equipment and having employed therein a sufficient
number and kind of employees to prepare, cook and serve suitable food
for human consumption. Sixty percent of all sales in the restaurant
shall be from the sale of food.
[1960 Code § 2.14.010]
It shall be unlawful for any person to sell or to offer for
sale at retail any alcoholic liquor within the corporate limits of
the City without having first obtained a license or temporary permit
or limited club permit or full club permit so to do and having a license
or such temporary permit or limited or full club permit authorizing
such sale or offer for sale of alcoholic liquor as provided by this
chapter.
[1960 Code § 2.14.020; Ord. 67, 11-21-1977; Ord. 250, 12-7-1987]
Application for such licenses shall be made to the Mayor in
writing, signed by the applicant if an individual or by a duly authorized
agent thereof if a club or corporation, verified by oath or affidavit,
and said application shall contain the following information and statements:
(A)
The name, age and address of the applicant in case of an individual;
in the case of a copartnership, the persons entitled to share in the
profits thereof; and in the case of a corporation for profit or a
club, the date of incorporation, the objects for which it was organized,
the names and addresses of the officers and directors; and if a majority
in interest of the stock of such corporation is owned by one person
or his nominees, the names and addresses of such persons; and if the
business is to be run by a manager, the name and address of the manager
shall also be included;
(B)
The citizenship of the applicant, his place of birth and if a naturalized
citizen, the time and place of his naturalization;
(C)
The character of the business of the applicant; and in the case of
a corporation, the objects for which it was formed;
(D)
The length of time that said applicant has been in business of that
character, or in the case of a corporation, the date on which its
charter was issued;
(E)
The amount of goods, wares and merchandise on hand at the time application
is made;
(F)
The location and description of the premises or place of business
which is to be operated under such license;
(G)
A statement whether applicant has made similar application for a
similar license on premises other than described in this application,
and the disposition of such application;
(H)
A statement that applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in this chapter, laws of this State, or the provisions
of this Code;
(I)
Whether a previous license by any state or subdivision thereof, or
by the Federal government has been revoked, and the reasons therefor;
(J)
A statement that the applicant will not violate any of the laws of
the State of Illinois or of the United States, or any ordinance of
the City in the conduct of his place of business; and a further statement
that applicant is qualified to obtain a license to sell at retail
alcoholic liquor from the State of Illinois;
(K)
A statement as to whether the applicant is a resident of the City.
|
Upon the filing of an application for a license to the Local
Liquor Control Commissioner, as provided in this chapter, the Local
Liquor Control Commissioner shall upon such, investigate the applicant
for a license and shall upon such investigation, approve or reject
the application by granting the license or by not granting the license;
provided, however, that no such license shall be granted or refused
in less than one week's time after the presentation of the application
to the Local Liquor Control Commissioner.
|
[Ord. 157, 11-21-1983; amended Ord. 2017-864, 6-5-2017]
No such license shall be issued to:
(A)
A person who is not of good character and reputation in the community
in which he resides;
(B)
A person who is not a citizen of the United States;
(C)
A person who has been convicted of a felony under any Federal or
State law, if the State Liquor Commission has determined, after investigation,
that such person has not been sufficiently rehabilitated to warrant
the public trust;
(D)
A person who has been convicted of being the keeper or is keeping
a house of ill fame;
(E)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality;
(F)
A person whose license issued under this chapter has been revoked
for cause, or a person whose license issued under Chapter 235 of the
Illinois Compiled Statutes has been revoked for cause by the Illinois
Liquor Commission;
(G)
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;
(H)
A copartnership, unless all of the members of such copartnership
shall be qualified to obtain a license;
(I)
A corporation, if any officer, manager or director thereof or any
stockholder or stockholders owning in the aggregate more than 5% of
the stock of such corporation, would not be eligible to receive a
license hereunder for any reason other than citizenship and residence
within the political subdivision;
(J)
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;
(K)
A person whose place of business is conducted by a manager or agent,
unless the manager or agent possesses the same qualifications required
of the licensee;
(L)
A person who has been convicted of a violation of any Federal or
State law concerning the manufacture, possession or sale of alcoholic
liquor, or who has forfeited his bond to appear in court to answer
charges for any such violation;
(M)
A person who does not beneficially own the premises for which a license
is sought, or does not have a lease thereon for the full period for
which the license is to be issued;
(N)
Any law enforcing public official, including members of local liquor
control commissions, any Mayor, Alderman, or member of the City Council
or commission, any president of a village board of trustees, any member
of a village board of trustees, or any president or member of a county
board; and no such official shall be interested in any way, either
directly or indirectly, in the manufacture, sale or distribution of
alcoholic liquor, except that license may be granted to such official
in relation to premises which are not located within the territory
subject to the jurisdiction of that official if the issuance of such
license is approved by the State Liquor Control Commission;
(O)
A person who is not a beneficial owner of the business to be operated
by the licensee;
(P)
A person who has been convicted of a gambling offense as prescribed
by any of Subsections (a)(3) through (a)(10) of Section 28-1 of, or
as prescribed by Section 28-3 of, the "Criminal Code of 1961", approved
July 28, 1961, as heretofore or hereafter amended, or as prescribed
by a statute replaced by any of the aforesaid statutory provisions;
(Q)
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;
(R)
A copartnership 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 if 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;
(S)
A corporation, if any officer, manager or director thereof, or any
stockholder 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;
(T)
Any premises for which a Federal gaming device stamp or a Federal
wagering stamp has been issued by the Federal government for the current
tax period;
(U)
Any person, association or corporation not eligible for a State retail
liquor dealer's license.
[Ord. 250, 12-7-1987; amended Ord. 547, 6-17-2002; Ord. 563, 4-7-2003; Ord. 628, 2-21-2006; Ord. 653, 9-4-2007; Ord. 671, 3-17-2008; Ord. 2015-833, 6-1-2015; Ord. 2016-847, 1-19-2016; Ord. 2019-893, 2-19-2019; Ord. 2019-901, 8-19-2019; 6-21-2021 by Ord. No. 2021-948]
Licenses to sell alcoholic liquors at retail shall be of the
following classes:
(A)
Class A: Class A package licenses shall entitle the licensee to sell
alcoholic beverages in the original package with sales at retail not
for consumption on the premises. The license fee for a Class A license
shall be $1,250 per annum, paid in advance. The hours are to be 7:00
a.m. to 12:00 midnight on all days except Sundays. Sunday hours shall
be 11:00 a.m. to 12:00 midnight.
(B)
Class B: Class B (restaurants, taverns, bar, saloon, lounge, bowling
alley, pub) shall entitle licensee to sell alcoholic liquor at retail
for consumption on or off the premises. The license fee for a Class
B license shall $1,250 per annum, paid in advance. The hours of a
Class B license shall be 7:00 a.m. to 2:00 a.m. on weekdays and Saturdays.
Sunday hours for a Class B license shall be 11:00 a.m. to 12:00 midnight,
except New Year's Eve hours shall be extended to 2:00 a.m. All patrons
will be asked to leave the premises 1/2 hour after closing, at which
time only the employees will be allowed to be in the establishment,
and no other persons on the licensed premises 1/2 hour after closing
shall consume alcoholic beverages. The City police will enforce this
regulation by being free to enter the premises after hours.
(C)
Class C: Class C (wine cellar, craft beer, and spirits) shall entitle
the licensee to sell wine by the glass or carafe for consumption on
the premises and by the bottle for consumption on or off the premises,
craft or microbrew beer by the glass for consumption on the premises,
craft beer for consumption on or off the premises, and craft spirits
by the bottle for consumption on or off the premises. The licensee
shall prohibit anyone from leaving the licensed premises with a partial
bottle of alcohol that has been opened on the licensed premises. The
license fee for a Class C license shall be $700, payable in advance.
The hours of a Class C license shall be 7:00 a.m. to 12:00 midnight
weekdays and Saturdays. The Sunday hours for a Class C license shall
be 11:00 a.m. to 12:00 midnight, except New Year's Eve hours shall
be extended to 2:00 a.m.
(D)
Class D: Class D licenses shall be known as a microbrewery and brewpub
license and shall authorize the manufacture by a microbrewery or brewpub
of less than 50,000 gallons of beer, and the storage and sale of such
beer, per year to distributors, retailers, and to nonlicensees, in
accordance with the provisions of 235 Illinois Compiled Statutes 5/1-1
et seq., cited as the liquor control act. Said licensee to receive
one retailer's license for the premises in which he actually conducts
such business, permitting only the sale of beer manufactured on such
premises, but no such person shall be entitled to more than one retailer's
license.[1] The annual fee for such a license shall be $650, paid
in advance. The hours for such a license shall be 7:00 a.m. to 12:00
midnight on all days except Sundays. Sunday hours shall be 11:00 a.m.
to 12:00 midnight, except New Year's Eve hours shall be extended to
2:00 a.m.
[1]
See 235 ILCS 5/6-6.
(E)
Class E: Class E (caterers) shall be known as a caterer license and
shall authorize the sale of alcoholic liquors for consumption on the
licensed premises and shall be limited to serving of invited guests
at private catered functions. Such licenses shall be issued only to
individuals or entities defined as "caterers," which shall mean individuals
or entities preparing and serving meals or food items for consumption
on the licensed premises for private functions, such as weddings,
receptions, dinners, and banquets, and which are not open to the general
public at regularly established business hours. Additionally, to qualify
as a "caterer," the license holder must have a minimum of 65% of their
sales revenues from the sale of food. The service of alcoholic liquor
by a person holding a Class E license shall be by employees of the
licensed caterer only and shall be served only on the premises licensed
to conduct such catered functions. The service of alcoholic liquor
shall only take place during a catered function at the licensed premises.
If such licensed premises, in any licensed year, from May 1 through
April 30, serves alcohol at more than 25 catered functions, then such
licensee shall be required to obtain a Class B license as set forth
under this section for the following year, commencing the following
May 1. The license fee for a Class E license shall be $500 per annum,
paid in advance. The hours of a Class E license shall be 7:00 a.m.
to 2:00 a.m. weekdays and Saturdays. The Sunday hours for a Class
E license shall be between 11:00 a.m. to 12:00 midnight, except New
Year's Eve hours shall be extended to 2:00 a.m. All patrons will be
asked to leave the premises 1/2 hour after closing, at which time
only the employees of the caterer will be allowed to be in the establishment,
and no persons on the licensed premises 1/2 hour after closing shall
consume alcoholic beverages. The City police will enforce this regulation
by being free to enter the premises after hours. Alcoholic liquor
may only be served by a Class E license holder during a catered function,
and a caterer shall not be permitted to maintain a bar or offer alcohol
for sale at retail except during such catered functions.
(F)
Class F: Class F (recurring event) shall be known as a recurring
event license and shall authorize the sale of alcoholic liquor, for
consumption on the licensed premises, and shall be limited to serving
of individuals attending such recurring events. A Class F license
shall be applicable only to individuals or entities that conduct recurring
events of no more than 50 such events in a license year and all of
which must be open to the public. To qualify for a recurring event
license, the license holder must establish that it holds recurring
events on the licensed premises as herein set forth, and the holder
shall be authorized to serve alcoholic liquor to the patrons of such
events, only on the days of the events, with the alcoholic liquor
to be served only by employees of the licensee. The license fee for
a Class F license shall be $500 per annum, paid in advance for recurring
events numbering at least 10, but not more than 25 per license year,
and $750 per annum, paid in advance for recurring events numbering
at least 26, but not more than 50, per license year. Such fee shall
be paid at the time of the application, at which time the applicant
must disclose the number of anticipated recurring events and pay the
appropriate fee. If an individual or entity applies for a license
and pays the annual fee for up to 25 events but, during the license
year, goes over 25 events, such licensee shall immediately pay the
additional license fee of $250 to the City of Lincoln, which must
be paid prior to the 26th such recurring event. The hours of a Class
F license shall be only the days of a scheduled recurring event from
1:00 p.m. on the day of the event until 12:00 midnight on the day
of said event when such events occur on a day other than Sunday. When
such recurring event is on a Sunday, the hours during which they will
be permitted to sell alcoholic liquor will be from 1:00 p.m. until
1:00 a.m. the following day of the event. All patrons attending such
recurring events shall be required to leave the licensed premises
1/2 hour after the expiration of the time for authorized sales of
alcoholic liquor, at which time only the employees of the license
holder will be allowed to be on the licensed premises, and no person
on the licensed premises shall be permitted to consume alcoholic liquor
after 1/2 hour following the time for sales of alcoholic liquor to
cease. No alcoholic liquor may be brought onto the licensed premises
at any recurring event, and only alcoholic liquor purchased from the
licensee shall be permitted on the licensed premises during such recurring
events. Alcoholic liquor may only be sold by a Class F license holder
during a recurring event, during the hours as herein set forth, and
a Class F license holder shall not be permitted to maintain a bar
or serve alcoholic liquor for sale at retail except during such recurring
event during the hours as herein set forth. The City police of the
City of Lincoln will enforce the hours and the terms of this license
by being free to enter upon the licensed premises, both during and
after the allowable hours of sale.
(G)
Temporary Permit: The liquor commissioner shall have the discretionary power to issue a temporary permit for the sale of beer and wine only, and only during the hours allowed under a license as in this chapter allowed; provided, such beer and wine shall be consumed on the premises of any banquet, bazaar, fair, or any similar private or public assembly where food or drink is sold, served or dispensed, except that wine sold at such events by wine growers or vineyards may be sold in its original package, only as to those wines produced by such wine growers or vineyards, in addition to the serving of such wine on the premises. Such temporary permit shall be issued upon written application containing the same information required in an application for a license hereunder. Such temporary permit shall be for a period of not more than 10 days. The liquor commissioner can refuse, upon good cause, to issue any such temporary permit in his or her sole discretion. The fee for such temporary permit shall be $20 for each day or fraction thereof of the period for which such permit is issued and shall be paid at the time the application is made. The applicant shall execute and file with the application a bond to the City in the penal sum of $1,000, conditioned as required in the bond for a license hereunder. The liquor commissioner shall have the power to revoke for cause any or all temporary permits issued under the terms of this chapter. The temporary permits shall not be subject to the provisions of Section 3-7-6 or 3-7-12 of this chapter.
(H)
Club Permits: Any "club," as defined in this chapter, shall be entitled
to obtain a permit and not a license for the sale of alcoholic liquors
for consumption only, on premises permanently occupied by any such
club. All clubs desiring such a permit shall pay an annual permit
fee of $350 per annum.
(I)
Separate Application For Each Class Of Liquor Licenses: Separate
applications must be filed for separate classes of licenses by any
applicant desiring to carry on more than one licensed business, and
a separate license or permit must be obtained for such location by
applicant desiring to carry on a licensed business at more than one
location.
(J)
Expiration: All such licenses and permits shall expire on April 30
next following the date of issue, but in any case where the period
from the date of issue to April 30 next following is less than one
full year, the license and permit fee shall be reduced in proportion
to the full calendar months which have expired in the license year
prior to the issuance of such license.
(K)
Video Gaming: Those that participate in video gaming are subject
to an additional $1,000 liquor license fee (on top of their normal
liquor license fee) effective January 1, 2020. There are no yearly
reporting requirements for video gaming with respect to this municipality.
It is preferred, but not required, that a business who participates
in video gaming have an entrance/exit installed that gives direct
access to the gaming area from the outside of the building.
[Ord. 67, 11-21-1977; amended Ord. 250, 12-7-1987; Ord. 2019-892, 1-7-2019]
(A)
A license issued under this chapter to any individual shall not be
construed as creating any vested interest.
(B)
A license shall be restricted to use on the premises stated in the application thereto, provided, that a licensee may change his place of business over to another location after approval by the Local Liquor Commissioner and the payment of a fee as established in Section 3-7-14 of this chapter.
(C)
Each license shall be subject to revocation, as herein provided,
and shall also be subject to change without notice to conform to any
State law or a subsequent ordinance of the City.
(D)
There are no limitations on the amount of liquor licenses, regardless
of the class, that can be granted. Each license is subject to the
approval of the Liquor Commission and the licensee acknowledges they
are subject to revocation without due cause being shown.
(E)
Any license issued contrary to and in violation of this section shall
have no force, effect or validity whatsoever and shall be unconditionally
void.
(F)
The owner or owners of any establishment which is duly licensed by
the county for the sale of alcoholic liquors when it is annexed to
the City may apply to the local liquor commissioner for a license
to continue the operation of his establishment subject to all the
pertinent provisions of this chapter. An applicant shall pay the fee
applicable to sales of those alcoholic liquors which his county license
has theretofore permitted him to sell, and one additional license
shall be automatically added to the number permitted under this particular
classification.
[1960 Code, Sec. 2.14.150]
The applicant for a liquor license hereunder shall pay to the
Mayor the license fee provided for the license desired, and he shall
also execute and file with his application with the Mayor a bond to
the City in the penal sum of $1,000 in form and with two good and
sufficient sureties to be approved by the Mayor, conditioned for the
faithful observance of the laws of the state and all provisions of
this Code now in force or which may be passed and in force during
the period of the license regulating and relating to the sale of alcoholic
liquor, and for the payment of all fines and costs adjudged against
such licensee for violation of any such provisions.
[1960 Code, Sec. 2.14.050]
All such fees collected under the provisions of this chapter
shall be paid to the Mayor at the time application is made, and shall
be forthwith turned over to the City Treasurer. In the event the license
applied for is denied, the fee shall be returned to the applicant.
If the license is granted, then the fee shall be deposited in the
general corporate fund.
[1960 Code, Sec. 2.14.070]
The Mayor shall keep or cause to be kept a complete record of
all such licenses issued hereunder; and shall furnish the Clerk, treasurer
and Chief of Police each with a copy thereof; upon the issuance of
any new license, or the revocation of any old license, the Mayor shall
give written notice of such action to each of the aforesaid officers
within 48 hours of such action.
[1960 Code, Sec. 2.14.060]
It is unlawful for anyone not having a license or temporary
permit to sell, or offer for sale, at retail any alcoholic liquor
for consumption on or off the premises where sold, or to permit the
same to be consumed on the premises where sold.
[1960 Code, Sec. 2.14.080; Ord. 67, 11-21-1977; Ord. 250, 12-7-1987]
(A)
A license shall be purely a personal privilege, good for not to exceed
one year after issuance, unless sooner revoked as in this chapter
provided, 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
burdened or mortgaged. Such license shall not descend by the laws
of testate or intestate devolution, but it shall cease upon the death
of the licensee; provided, that executors or Administrators of the
estate of any deceased licensee, and the trustee of any insolvent
or bankrupt licensee, when such estate consists in part of alcoholic
liquor sales, may continue the business of the sale of alcoholic liquor
under order of the appropriate court, and may exercise the privileges
of the deceased or insolvent or bankrupt licensee after the death
of such decedent, or such insolvency or bankruptcy, until the expiration
of such license, but not longer than six months after the death, bankruptcy
or insolvency of such licensee. Any license holder who does not actively
engage in the use of his liquor license for a period of six months
or more without a valid reason acceptable to the liquor commissioner
shall forfeit his right to use and hold said liquor license.
(B)
Any licensee may renew his license at the expiration thereof, provided
he is then qualified to receive a license and the premises for which
such renewal license is sought is suitable for such purpose; and,
provided further, that the renewal privilege herein provided for shall
not be construed as a vested right which shall in any case prevent
the Mayor from withholding for cause any renewal of a license.
(C)
An application for renewal of any license upon its expiration shall
not be granted, if written complaint has been filed with the local
liquor control commissioner, or with the City Clerk, as to the manner
in which the applicant for such license renewal has carried on the
business authorized by such license, until a public hearing has been
held on such complaint, where the person making such complaint shall
be entitled to be heard and to bring in witnesses, if so desired;
and the person against whom such complaint has been made shall be
entitled to bring in witnesses and to appear in person.
[Ord. 250, 12-7-1987]
In addition to the yearly license fee, each new license application
shall be submitted with an application fee of $2,000. A "new license"
shall be defined as a nonrelative (i.e., father, mother, brother,
sister or descendent) purchasing a business or a new business establishment.
Said fee shall be nonrefundable and shall be paid by any first time
applicant other than a relative of the sellers for a liquor license.
[1960 Code, Sec. 2.14.140]
No license shall be issued for the sale at retail of any alcoholic
liquor within 100 feet of any church, school, hospital, home for aged
or indigent persons or for veterans, their wives or children, of any
military or naval stations; provided, that this prohibition shall
not apply to hotels offering restaurant service, regularly organized
clubs or to restaurants, food shops or other places where sale of
alcoholic liquors is not the principal business carried on, if such
place of business so exempted shall have been established for such
purposes prior to April 2, 1934. No person shall hereafter engage
in business as a retailer of any alcoholic liquor within 100 feet
of any undertaking establishment or mortuary.
[Ord. 250, 12-7-1987]
A retail liquor dealer's license shall permit the sale of alcoholic
liquor only on the premises described in the application and license.
Such location may be changed only with the written permit to make
such change issued by the liquor commissioner. No change of location
shall be permitted unless the proposed new location is a proper one
for the retail sale of alcoholic liquor under the laws of this state
and the provisions of this Code. Any such change shall be allowed
only after receipt of a $50 fee payable to the City of Lincoln.
[1960 Code, Sec. 2.14.170; Ord. 250, 12-7-1987]
The time or hours within which it is lawful to sell or offer
for sale at retail alcoholic liquors within the City, shall be as
follows:
(A)
It is lawful to sell at retail alcoholic liquors during the time
or hours hereinabove specified and defined as provided, but at any
other time or during any other hours than above specified and defined,
the sale of alcoholic liquors in the City is prohibited, and it is
unlawful to sell, offer for sale or furnish alcoholic liquors in the
City at a time when the sale thereof is prohibited.
(B)
It is unlawful to keep open for business or to admit the public to
any premises in or on which alcoholic liquors are sold at retail during
the hours within which the sale of alcoholic liquors is prohibited;
provided that in the case of restaurants, clubs and hotels such establishments
may be kept open during such hours, but no alcoholic liquors may be
sold, offered for sale or furnished to or consumed by the public during
such hours.
[Repealed by Ord. 51, 3-21-1977]
[1960 Code, Secs. 2.14.110, 2.14.120]
(A)
Requirements: All premises used for the retail sale of alcoholic
liquor, or for the storage of such liquor for such sale, shall be
kept in a clean and sanitary condition, and shall be kept in full
compliance with the ordinances regulating the condition of premises
used for the storage or sale of food for human consumption.
(B)
Diseased Employees: It shall be unlawful to employ in any premises
used for the retail sale of alcoholic liquor any person who is afflicted
with or who is a carrier of any contagious, infectious or venereal
disease; and it shall be unlawful for any person who is afflicted
with or who is a carrier of any such disease to work in or about any
such premises or to engage in any way in the handling, preparation
or distribution of such liquor.
[1960 Code, Sec. 2.14.100]
It shall be unlawful to peddle alcoholic liquor in the City.
[Ord. 50, 3-21-1977; Ord. 563, 4-7-2003]
(A)
Possession Of Open Container: No person shall carry or have in his
possession upon the City streets, sidewalks, parks, or public ways
any bottle, can, or other container containing alcoholic beverages,
wines, or spirituous liquors if the container has the seal thereof
broken or if the can or container is open and not capped and sealed,
except in the case of special events as authorized by the City of
Lincoln liquor commissioner upon petition to the City of Lincoln seeking
to hold a special event, at which such open containers may be upon
the City streets, sidewalks, parks, or public ways only as authorized
and as restricted by the City Council in its approval of said petition.
Any petition for such special event shall be filed not less than one
month before the event and shall describe the location, the security
steps to be taken, and the license under which liquor will be dispensed,
subsequent to which the City Council shall either approve or deny
the petition and require compliance by the petitioning party with
such conditions as the City Council deems appropriate.
(B)
Possession In Motor Vehicle: No person shall transport, carry, possess
or have any alcoholic liquor within the passenger area of any motor
vehicle except in the original package and with the seal unbroken.
[Ord. 405, 12-18-1995]
(A)
Sales To Persons Under 21 Years Of Age, Habitual Drunkards, Spendthrifts
And Mental Incompetents:
1.
No licensee nor any officer, associate, member, representative, agent
or employee of such licensee shall sell, give or deliver alcoholic
liquor to any person under the age of 21 years, or to any intoxicated
person or to any person known by him to be an habitual drunkard, spendthrift,
insane, mentally ill, mentally deficient or in need of mental treatment.
No person, after purchasing or otherwise obtaining alcoholic liquor
shall sell, give or deliver such alcoholic liquor to another person
under the age of 21 years except in the performance of a religious
ceremony or service. Anyone found in violation of this provision of
this Code shall be liable to the City for a minimum fine of $400 and
up to $750 for each and every subsequent violation of this section.
Upon showing of hardship in paying the fine set by the court, the
court may, in lieu thereof, order an appropriate amount of public
service. In addition, any second time offender of this provision shall
lose the right and privilege of selling liquor for a period of 30
days. Any third time offender shall be prohibited from selling liquor
within the City limits.
2.
For the purpose of preventing the violation of this subsection, any
licensee, or his agent or employee, shall 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. Such adequate proof of written identification
shall consist of a valid picture driver's license, or a secretary
of state identification card and a birth certificate.
(B)
Persons Under 21 Years Of Age Misrepresenting Age; Penalty: Any person
under the age of 21 years who, for the purpose of buying, accepting
or receiving alcoholic liquor, presents or offers to any licensee,
his agent or employee, any written, printed or photostatic evidence
of age and identity which is false, fraudulent or not actually his
own for the purpose of ordering, purchasing, attempting to purchase
or otherwise procuring or attempting to procure, the serving of any
alcoholic beverage, or who has in his possession any false or fraudulent
written, printed or photostatic evidence of age and identity, shall,
upon conviction thereof, be subject to a minimum fine of $400 and
up to $750 for each and every violation of this subsection. Upon showing
of hardship in paying the fine set by the court, the court may, in
lieu thereof, order an appropriate amount of public service.
(C)
Consumption And Possession By Persons Under 21 Years Of Age Forbidden;
Penalty: No person under the age of 21 years shall purchase, accept
delivery or have possession of alcoholic liquor. The consumption of
alcoholic liquor by any person under 21 years of age is also forbidden.
Any person under the age of 21 years who violates this subsection
shall, upon conviction thereof, be subject to a minimum fine of $400
and up to $750 for each and every violation hereof.
Upon showing of hardship in paying the fine set by the court,
the court may, in lieu thereof, order an appropriate amount of public
service.
The possession and dispensing or consumption by a person under
21 years of age of alcoholic liquor in the performance of a religious
service or ceremony or the consumption by a person under 21 years
of age under the direct supervision and approval of the parents or
parent or those persons standing in loco parentis of such person under
21 in the privacy of a home is not prohibited.
(D)
Special Fund: 1/2 of all fines and penalties received under this
section shall be placed in a Special Fund. The fund shall be used
as directed by the City Council from time to time for the prevention
of alcohol and drug abuse by minors and others within the City. The
remaining 1/2 of said monies shall be deposited in the City's Police
Fund.
[1960 Code § 8.58.020]
No person shall at any public business place or place of amusement,
soft drink parlor, restaurant or dance hall, or any place where soft
drinks are sold in the City, bring upon the premises of the same alcoholic
liquor for the purpose of mixing drinks for consumption therein or
beer to be consumed therein, nor shall any person consume alcoholic
drinks on any public premises not duly licensed for the serving or
sale of alcoholic liquors by the City. This applies specifically,
but not exclusively, to what is commonly known as a setup bar or parlor.
[Ord. 2019-892, 1-7-2019; amended Ord. 2019-901, 8-19-2019]
The Mayor shall have power to grant licenses and to revoke for
cause any or all licenses issued to persons for the sale of alcoholic
liquors within the City, and he shall revoke any retail liquor dealer's
license for any violation of any of the provisions of this chapter
or for any violation of any state law pertaining to the sale of alcoholic
liquor.
Any license issued under this chapter may be suspended or revoked
by the local liquor commissioner for any one of the following reasons:
(A)
Violation of the laws of the state or of the United States, or of
any of the provisions of this chapter.
(B)
The willful making of any false statement as to a material fact in
application for a license.
(C)
Permitting any illegal, disorderly or immoral practices upon licensed
premises.
(D)
Noncompliance with the exterior safety plan or interior video surveillance requirements as outlined in § 3-7-25.
[Added 4-17-2023 by Ord. No. 2023-1002]
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Upon the filing of any written complaint against a licensee
alleging any of the aforesaid causes for revocation, the local liquor
control commissioner may cause such licensee to appear before the
local liquor control commissioner and may examine witnesses in regard
to the complaint, and in the event of such a hearing, the licensee
may appear and bring in witnesses to testify thereon.
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The Mayor as local liquor control commissioner may suspend for
not more than 30 days, as provided in 235 Illinois Compiled Statutes
5/4-4, or revoke for cause any liquor dealer's license for any violation
of any provision pertaining to the sale of alcoholic liquor, as provided
and in the manner provided in 235 Illinois Compiled Statutes 5/7-5.
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Any appeals taken to the Illinois state liquor control commission
from decisions made by the Lincoln liquor control commission shall
be heard by the Illinois state liquor control commission strictly
on the record, pursuant to 235 Illinois Compiled Statutes 5/7-9.
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[Ord. 250, 12-7-1987]
Every person licensed in accordance with the provisions of this
chapter shall immediately post and keep posted while in force in a
conspicuous place on the licensed premises, the license so issued.
Whenever such license shall be lost or destroyed, a duplicate, in
lieu thereof, shall be issued by the City Clerk. Any duplicate licenses
shall be issued by the City Clerk only after payment of a $50 reissuance
fee.
[Ord. 250, 12-7-1987; Ord. 273, 7-3-1989; Ord. 2012-748, 7-24-2012]
(A)
Each licensee shall post and keep at all times visible to the public
in a conspicuous place on the premises a sign to be furnished by the
City Clerk's Office, which sign shall be in the following form:
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WARNING - LINCOLN CITY POLICE WILL BE NOTIFIED
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OF ALL DISTURBANCES ON THIS PROPERTY
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CITY ORDINANCE REQUIRES ANY PERSON WHO ATTEMPTS TO PURCHASE
ALCOHOLIC BEVERAGES TO
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PRODUCE A VALID DRIVERS LICENSE OR A VALID SECRETARY OF
STATE I.D. AND BIRTH CERTIFICATE IN ORDER TO PURCHASE SAID ALCOHOLIC
BEVERAGES.
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ANY MINOR CONVICTED OF PURCHASING ALCOHOLIC BEVERAGES
OR MISREPRESENTING THEIR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING
ALCOHOLIC LIQUOR SHALL BE SUBJECT TO A $500 FINE.
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(B)
Any licensee must not obstruct view of the establishment from any
public street or thoroughfare.
(C)
No gambling shall be permitted and no gambling device shall be kept
in any premises licensed hereunder, unless permitted under and in
compliance with the Illinois Video Gaming Act.[1] No riotous, disorderly, indecent or offensive conduct
of any kind shall be allowed in or about said premises. No conduct
shall be permitted that exposes the following to public view: 1) human
genitals and pubic regions, 2) human buttocks, perineum and anal region,
3) human breast below a point immediately above the areola, 4) human
male genitals in a discernible turgid state, even if completely and
opaquely covered, 5) acts of human masturbation, sexual intercourse,
sodomy, bestiality, oral copulation, flagellation, or any other sexual
acts prohibited by law, 6) fondling, touching, or caressing human
genitals, pubic regions, buttocks and/or female breasts.
[1]
See 230 ILCS 40/1 et seq.
(D)
Except in the case of hotels and clubs, no alcoholic liquor shall
be sold at retail upon the premises which has any access which leads
from such premises to any other portion of the same building or structure
used for dwelling or lodging purposes and which is permitted to be
used or kept accessible for use by the public. This provision shall
not prevent any connection between such premises and such other portion
of the building or structures which is used only by the licensee,
his family and personal guests.
[Added 4-17-2023 by Ord. No. 2023-1002]
(A)
Purpose. Any individual or entity being issued to sell or otherwise
dispense liquor within the municipal boundaries of the City shall
comply with the following rules and regulations.
(B)
ADJACENT PROPERTY
EXTERIOR SAFETY PLAN
INTERIOR VIDEO SURVEILLANCE PLAN
LICENSEE
Definitions. As used in this section, the following definitions shall
apply:
Any public way located immediately next to a licensed establishment,
if such public way is used by the licensee or by patrons, agents or
employees of the licensee as a means of entry to or egress from the
licensed establishment; or any private property that is located immediately
next to the licensed establishment, if such private property is owned,
leased or rented by the licensee; or any private property separated
from the licensed establishment by a public way and located immediately
next to such public way, if such private property is owned, leased
or rented by the licensee. For purposes of this definition, the term
"public way" means any sidewalk, street, alley, highway or other public
thoroughfare.
A required or mandatory safety plan which addresses the quality
of life for residents in the surrounding neighborhood, provides patrons
with a safe environment when exiting and entering the establishment,
and reduces the need for police resources. Additionally, an exterior
safety plan must prevent the following conditions: excessive noise
caused by patrons leaving or entering the premises; loitering or littering
by such patrons; fighting or other criminal activity by such patrons;
and the congregation of departing patrons in such numbers so as to
unreasonably impede vehicular or pedestrian traffic flow. The plan
shall provide evidence satisfactory to the local liquor commissioner
and Chief of Police for the following: the installation of adequate
exterior lighting in accordance with rules prescribed herein; the
installation and maintenance of surveillance cameras installed at
each building exit utilized by the general public, and employed and
lighted in such a manner to identify persons entering or exiting the
building between the hours of 10:00 p.m. and close. Recordings from
the surveillance camera shall be maintained for not less than 30 days
and, upon request, shall be made available to members of the Police
Department. The failure to submit an adequate exterior safety plan
as required by this subsection shall be grounds to deny an application
for a liquor license or renewal thereof. The failure to adequately
implement, maintain or execute an adequate exterior safety plan shall
be grounds for suspension or revocation of the liquor license.
A required mandatory interior video surveillance which monitors
the interior of the building. The plan shall provide evidence satisfactory
to the local liquor commissioner and Chief of Police for the following:
the installation of adequate interior lighting in accordance with
rules prescribed herein; the installation and maintenance of surveillance
cameras that encompass the areas accessible to the public (excluding
bathrooms). Recordings from the surveillance camera shall be maintained
for not less than 30 days and, upon request, shall be made available
to members of the Police Department. The failure to submit an adequate
interior video surveillance as required by this subsection shall be
grounds to deny an application for a liquor license or renewal thereof.
The failure to adequately implement, maintain or execute an adequate
interior video surveilance shall be grounds for suspension or revocation
of the liquor license.
Any person holding the local liquor license, and includes
the employees and agents of such licensee and any person having control
over the day-to-day management of the licensed establishment.
(C)
Rules and Regulations.
1.
An exterior safety plan required for liquor license holders shall
apply to the licensed establishment and adjacent property. The interior
video surveillance requirements shall apply to the licensed establishment.
2.
The exterior safety plan and interior video surveillance shall be
implemented by the licensee between the hours of 10:00 p.m. and until
one hour after the licensed establishment is closed for business.
3.
The licensee shall:
(a)
Promptly notify the Police Department via the 9-1-1 emergency
telephone system of any illegal activity reported to or observed by
the licensee or the on-site management team on or within sight of
the licensed premises or adjacent property; and
(b)
Shall enter into logbook all incidents of illegal activity reported
or required to be reported to the Police Department, including the
date and time the incident was reported to the Police Department;
a brief summary of the incident; the name of the person reporting
the incident; and, if a cellular phone was used to report the incident,
the telephone number of the cellular telephone.
4.
Between the hours of 10:00 p.m. and until one hour after the licensed
establishment is closed for business, the licensee shall have the
following duties:
(a)
Prevent persons from congregating in front of the licensed establishment
or on adjacent property; and
(b)
Pick up garbage in front of and curbside of the licensed establishment
and adjacent property; and
(c)
Notify the Police Department of any illegal activity reported
to or observed individuals on or within sight of the licensed premises
or adjacent property.
5.
If an employee or agent of the licensee is charged by the licensee
with responsibility for carrying out any of the duties for implementing
or maintaining any part of the licensee's exterior safety plan
and the person charged with such responsibility fails to perform such
responsibility, the licensee shall be deemed to have failed to adequately
implement or maintain an adequate exterior safety plan.
6.
Adequate lighting.
(a)
For purposes of "adequate exterior lighting," means lighting
that is sufficient to enable the surveillance cameras defined under
Subsection (B), "exterior safety plan," to produce easily discernible
images and illuminates the front and sides of each entryway and exitway
of the premises as used by patrons of the licensee.
(b)
For the purposes of "adequate interior lighting," means lighting
that is sufficient to enable the surveillance cameras defined under
Subsection (B), "interior video surveillance," to produce easily discernible
images.
7.
The surveillance cameras defined and required under Subsection (B),
"exterior safety plan" and "interior video surveillance," shall comply
with the following requirements:
(a)
The cameras shall be video surveillance cameras of sufficient
number, type, placement, and location to view and record all activity
in the front and on all sides of each entryway and exitway used by
patrons of the licensee for a distance of 15 feet, as measured from
the point of entry or exit; and
(b)
The cameras shall be sufficiently light sensitive and provide
sufficient image resolution (supported by additional lighting, if
necessary) to produce easily discernible images; and
(c)
The images recorded by each camera shall be capable of being
viewed through use of appropriate technology, including, but not limited
to, compact disc or digital video disc; and
(d)
The images recorded by each camera shall be capable of being
transferred to a portable form of media, including, but not limited
to, compact disc or digital video disc; and
(e)
The cameras shall not have an audio capability; and
(f)
The cameras shall be maintained in good working condition; and
(g)
Recordings from the surveillance camera shall be maintained
for not less than 30 days and, upon request, shall be made available
to members of the Police Department during the investigation of a
complaint. At all times between the hours of open until close, the
licensee shall have on staff or otherwise available without undue
delay a person capable of operating the required cameras to produce
any requested recorded image(s) and to transfer those images to a
portable form of media, including, but not limited to, a USB drive,
portable hard drive, a compact disc or digital video disc; and
(h)
All recordings made by the required cameras shall be stored
by the licensee on the licensed premises in a locked receptacle located
in a controlled access area accessible only to authorized personnel
or shall otherwise be secured in a manner accessible only to authorized
personnel. The licensee shall enter into a logbook all instances of
requests for, access to, and dissemination and use of any recorded
material made or captured by the required video surveillance cameras,
including the date and time such entry was made, the reason why such
entry was made, and the name of the person making the request or accessing,
disseminating, or using the recorded material. The licensee shall
make copies of the logbook available, upon request, for inspection
by the local liquor commissioner, an authorized officer from the Police
Department or other authorized government personnel; and
(i)
The licensee shall post signage, in a conspicuous manner and
at appropriate locations, notifying the public that video surveillance
cameras are in operation.
8.
The exterior safety plan and interior video surveillance required
under Subsection (C)1 and approved by the local liquor commissioner
shall become a condition of the license, and the licensee, all principal
officers of the licensee and any person with a 5% or more ownership
interest in the licensee shall be bound by its terms. It shall be
posted in the licensed establishment, in a conspicuous location, directly
next to the business and/or liquor license certificate. The failure
to post or adhere to an approved exterior safety plan shall constitute
legal grounds to initiate license disciplinary proceedings against
such licensee, including, but not limited to, license suspension or
revocation.
9.
If there is a change of ownership or of officers of the licensee,
the exterior safety plan and interior video surveillance required
under Subsection (C)1 and approved by the local liquor control commissioner
shall be enforceable against any new owner(s) or officer(s); provided,
however, that if application is made for a liquor license, the applicant
for such license shall be required to submit an exterior safety plan
and interior video surveillance plan meeting the requirements previously
described in these rules and regulations.
