The purpose of this chapter is to define the regulations, expectations, and other information for the proper sale of alcoholic beverages to insure a respectful business and to protect the safety and well being of the Village and its residents.
[HISTORY: Adopted by the President and Board of Trustees of the Village of Forrest as Ch. 15 of the 2008 Municipal Code. Amendments noted where applicable.]
Terms used in this chapter mean as follows:
The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 1/2 of 1% or less of alcohol by volume. No tax provided for in Illinois Compiled Statutes, Chapter 43, Sections 158 through 165, shall apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that such wine shall be purchased from a licensed manufacturer or importing distributor under provisions of the Illinois "Liquor Control Act" (235 ILCS 5/8-1 et seq).
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors which conforms to the definition of a club, as provided by 235 ILCS 5/1-3.24, commonly known as "Liquor Control Act," as amended.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or herself or for another, and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors.
Any person under the age of 21 years.
A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
Any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The term "sale" includes any transfer of alcoholic liquor from a foreign importer's license to an importing distributor's license even if both licenses are held by the same person.
Refers to and means sales for use or consumption and not for resale in any form.
Any beverage, which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, vegetables or honey, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A.
It shall be unlawful to sell or offer for sale at retail in the Village any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.
A.
Applications for such license shall be made to the local Liquor Control Commissioner by submitting the following documents:
(1)
Village of Forrest business license application.
(2)
Penal bond for the sale of liquor in an amount set from time to time by the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(3)
Application for license to sell alcoholic liquor at retail.
(4)
Certificate of liability insurance.
(5)
If a corporation, a facsimile of the certification of incorporation.
B.
Providing false information in any of the documents required by this section will be considered a violation of this section and shall result in a $750 fine for each false entry and may, at the discretion of the Liquor Control Commissioner, result in the denial of the application for a period of up to one year.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A.
No such license shall be issued to:
(1)
A person who is not a resident of the Village of Forrest.
(2)
A person who is not of good character and reputation in the community in which such person resides.[1]
(3)
A person who has been convicted of a felony under any federal or state law, unless the local Liquor Control Commissioner determines that such person will not be impaired by the conviction in engaging in the licensed practice after considering matters set forth in such person's application in accordance with 235 ILCS 5/6-2.5 and the Commissioner's investigation.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(4)
A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(5)
A person who has been convicted of pandering.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(6)
A person whose license under this chapter has been revoked for cause.
(7)
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.
(8)
A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license hereunder for any reason other than residence within the Village.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(9)
A corporation or limited-liability company, if any member, officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than residence within the Village.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(10)
A corporation or limited-liability company unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited-liability company which is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois. The Commission shall permit and accept from an applicant for a license under this Act proof prepared from the Secretary of State's website that the corporation or limited-liability company is in good standing and is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(11)
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.
(12)
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 or her bond to appear in court to answer charges for any such violation, unless the Local Liquor Control Commissioner determines, in accordance with 235 ILCS 5/6-2.5, that the person will not be impaired by the conviction in engaging in the licensed practice.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(13)
A person who does not beneficially own the premises, for which a license is sought, does not have a lease thereon for the full period for which the license is to be issued.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(14)
Any law enforcing public official, including members of local liquor control commissions, any President of the Village Board of Trustees or any member of a Village Board of Trustees; and no such official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any member of the Village Board of Trustees in relation to premises that are located within the Village if: (i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food; (ii) the issuance of the license is approved by the State Commission; (iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located; and (iv) the official granted a license does not vote on alcoholic liquor issues pending before the board to which the license holder is elected. Notwithstanding any provision of this Subsection A(14) to the contrary, a member of the Village Board of Trustees other than the President of the Village Board of Trustees, may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law-enforcing public official or the Village Board President. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the President of the Village may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Board over which he or she presides has made a Local Liquor Control Commissioner appointment that complies with the requirements of Section 4-2 of this Act.[2]
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
[2]
Editor's Note: See 235 ILCS 5/4-2.
(15)
Any person, firm or corporation not eligible for a state retail liquor dealer's license.
(16)
A person who is not a beneficial owner of the business to be operated by the license.
(17)
A person who is not a beneficial owner of the business to be operated by the licensee.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(18)
A person who has been convicted of a gambling offense as proscribed by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or as proscribed by Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(19)
A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act or the Illinois Pull Tabs and Jar Games Act.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(20)
A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in Subsection (a) of Section 6-21.[3]
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
[3]
Editor's Note: See 235 ILCS 5/6-21(a).
(21)
A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this Subsection A(21), a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(22)
A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection A(23), a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
B.
Each person desiring a license under this chapter shall execute a penal bond in form and with security satisfactory to the President and Board of Trustees, conditioned upon the faithful observance of the provisions of the laws of the State of Illinois, and of this code. Said bond shall be in the penal sum set from time to time by the Board of Trustees and shall, upon approval, be filed with the Village Clerk.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A retail liquor dealer's license shall terminate on April 30 next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Liquor licenses are divided into the following classes:
A.
Class A Licenses, which shall authorize the retail sale on the premises specified of any and all alcoholic liquors, for consumption on or off the premises where sold. There shall be five such licenses and the fee shall be as set forth in the Fee Schedule on file in the Village offices.
B.
Class B Licenses, which shall authorize the sale of any and all alcoholic liquors for consumption only off the premises where sold. There shall be two such licenses and the fee shall be as set forth in the Fee Schedule on file in the Village offices.
C.
Class C Licenses, which shall be available to charitable organizations for permitting consumption of alcohol only on the premises during such organization's functions, including sale of alcoholic beverages to members and gusts properly on the premises at approved functions of the organization. There shall be three such license and the fee shall be as set forth in the Fee Schedule on file in the Village offices.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Except in the case of wineries that have bed-and-breakfast facilities, hotels and clubs, no alcoholic liquor shall be sold at retail upon any 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 does not prohibit any connection between such premises and such other portion of the building or structure, which is used only by the licensee, his or her family and personal guests.
All license fees shall be paid to the Local Liquor Control Commissioner at the time application is made, and shall be forthwith turned over to the Treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designed by the Board of Trustees by proper action.
A.
No person shall openly drink or furnish to others any alcoholic liquor to be drunk upon any street, public place or vacant lot within the Village and no person shall connive at or assist in or procure others to violate any provision of this chapter.
B.
It shall be unlawful for any person to transport, carry, possess, or have any alcoholic liquor on or about his or her person on any public street, alley, sidewalk, or other public property within the Village except in the original package with the seal unbroken.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
C.
It shall be unlawful for any person to sell, offer for sale, keep for sale, or consume any alcoholic liquor on any public street, alley, sidewalk, or other public property within the Village.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
The Local Liquor Control Commissioner shall keep a complete record of all such licenses issued by him or her, and shall furnish the Village Clerk and Treasurer each with a copy thereof. Upon the issuance of any new license, or the revocation of any old notice of such action to each of these officers within 48 hours of such action.
A.
A liquor license shall be purely a personal privilege good for and not to exceed one year 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, except as provided in § 600-27, voluntarily or involuntarily, nor shall it be subject to being encumbered or hypothecated.
B.
Such license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution, provided that the 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, may continue the business of the sale or manufacture 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 no longer than six months after the death, bankruptcy or insolvency of such licensee. No refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this section.
A liquor license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permission of the Village President. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
Any licensee may renew his or her liquor license at the expiration, provided that he or she is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the reduction of the number of licenses to be issue within the Village.
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 all Village, county and state laws or ordinances regulating the condition of premises used for the storage or sale of food for human consumption.
A.
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 is a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparing, or distribution of such liquor.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A.
No liquor license shall be issued for the sale at retail of any alcoholic liquor within 100 feet (property line to property line) of any church, school other than an institution of higher learning, hospital, home for the aged or indigent persons or for veterans, their spouses or children or any military or naval station; provided that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where the sale of alcoholic liquors is not the principal business carried on, if such purposes existed prior to the effective date of this chapter nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
B.
Notwithstanding any provision of this section to the contrary, a local liquor control commissioner may grant an exemption to the prohibition in Subsection A of this section if a local rule or ordinance authorizes the local liquor control commissioner to grant that exemption.
C.
Nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if:
(1)
The restaurant is newly constructed and located on a lot of not less than 10,000 square feet;
(2)
The restaurant costs at least $1,000,000 to construct;
(3)
The licensee is the titleholder to the premises and resides on the premises; and
(4)
The construction of the restaurant is completed within 18 months of July 10, 1998 (the effective date of Public Act 90-617).
D.
Nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if:
(1)
The primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant;
(2)
The immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership; and
(3)
The restaurant is located 75 or more feet from a school.
E.
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.
No license shall be issued to any person for the sale of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minors.
A.
It shall be unlawful to sell or offer for sale at retail or otherwise, any alcoholic liquor in the Village, except during the following hours:
(1)
Hours during which liquor may be sold or offered of sale:
(a)
Sundays: from 12:00 midnight Saturday until 1:00 a.m. Sunday morning; from 1:00 p.m. Sunday afternoon until 10:00 p.m. Sunday night.
(b)
Mondays through Thursdays: from 6:00 a.m. each day until 12:00 midnight of that day.
(c)
Fridays: from 6:00 a.m. Friday morning until 1:00 a.m. on the next day (Saturday morning at 1:00 a.m.).
(d)
Saturdays: from 6:00 a.m. on Saturday morning until 1:00 a.m. on the next day (Sunday morning at 1:00 a.m.).
B.
All liquor retailers shall ascertain that their patrons have vacated the premises 1/2 hour after the last hour that the sale of liquor is permitted for that particular day of the week.
C.
It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic liquor in or upon, any premises in which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited; provided, that in case of restaurants and clubs, such establishments may be kept open for business during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.
In premises upon which the sale of alcoholic liquor for consumption on the first floor or street level of the premises is licensed, other than a restaurant or club, no screen, blind, curtain, partition, article or thing shall be permitted in the window or upon the doors of such licensed premises nor 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 obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall prevent a clear view of the entire interior of such premises from the street, road, or sidewalk; in premises upon which the sale of alcoholic liquor for consumption upon other than the first floor or street level of the premises is licensed other than a restaurant or club, the entrance doors shall in no way be obstructed so as to prevent a full view of the interior of the premises at all times, and the lighting within the premises shall be sufficient so as to permit a clear view of and into the premises. All rooms where liquor is sold for consumption on 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 the foregoing provisions shall be willfully obscured by the licensee or by him or her willfully permitted to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provision of this section, the Liquor Commissioner shall have the right to require the filing with him or her of plans, drawings, and photographs showing the clearance of the view as above required.
A.
The use of exotic dancers, performers, artists of either sex as entertainment upon any premises licensed under this chapter or permitting any person upon the premises to expose such person's genitalia, pubic region, pubic hair, buttocks, female breasts below a point immediately above the top of the areola, or any combination of the foregoing, or the simulation of any sex act, is prohibited. Any of such body areas shall be considered to be exposed and in violation hereof unless completely and opaquely covered by clothing, cloth or material of similar nature.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
It shall be unlawful for any person under the age of 21 years to purchase or obtain any alcoholic liquor in any tavern or other place in the Village where alcoholic liquor is sold. Therefore:
B.
It shall be unlawful for any holder of a retail liquor dealer's license, or his or her agent or employee, to permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided that this subsection shall not apply to any minor who is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale of services or commodities other than alcoholic liquor.
A.
Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession.
B.
If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
C.
No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person less than 21 years of age is forbidden.
E.
Exception. The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or a parent or legal guardian of such minor in the privacy of a home, is not prohibited by this chapter.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A.
It shall be unlawful for any minor to draw, pour, or mix any alcoholic liquor as an employee of any retail licensee; and no minor shall at any time attend any bar or draw, pour, mix or sell any alcoholic liquor for consumption on or off the premises, in any licensed retail premises.
B.
It shall be unlawful for any licensee under this chapter to permit any minor in § 600-25A to draw, pour, mix or sell any alcoholic liquor for consumption on or off the premises, in any licensed retail premises.
C.
It shall be unlawful for any licensee under this chapter to permit any minor to deliver alcoholic liquor for consumption on or off the premises, to any customer of the licensee, or to any other person, or to otherwise wait tables or otherwise transfer or otherwise take part in the sale of delivery of alcoholic liquor to any person.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
A.
No licensee under this chapter shall sell alcoholic liquor to any intoxicated person or harbor or permit any intoxicated persons to loiter on the premises described in the license or permit any conduct with shall tend to disturb the peace or quiet of the neighborhood or the premises.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Any licensee desiring to transfer a license in good standing may be permitted so to do upon the specific approval of the Village President and Board of Trustees; provided, however, that the proposed transferee shall make application for transfer and be bound by this chapter as though he or she were the original applicant for such license and shall, in addition thereto, pay a transfer fee in the amount set forth in the Fee Schedule on file in the Village offices to the Village President at the time of submission of his or her application. The transfer of a license shall in no way affect the annual termination date for the license issued hereunder.
A.
The Village President or any law enforcing officer may enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter, or whether any of the rules or regulations adopted by the President and Board of Trustees or by the State of Illinois have been or are being violated, and at such time may examine the premises of the licensee in connection therewith. The Village President or any law enforcing officer may receive complaint from any citizen within the jurisdiction of the Village that any of the provisions of this chapter or any rules or regulations adopted pursuant hereto have been or are being violated, and may act upon such complaints in the manner provided.
B.
The Village President shall have the authority by and with the consent and approval of the Board of Trustees; to make and establish rules and regulations of procedure concerning notice of hearing and all such matters as may be from time to time necessary.
The Village President may suspend for a period of up to 360 days, or may revoke the license of a licensee after hearing as hereafter provided and as provided in the rules, regulations and procedures established by the Board of Trustees for such purposes. Any retail liquor dealer's license for any violation of any provision of this chapter or for any violation of any state law pertaining to the sale of alcoholic liquor, or any applicable rule or regulation established by the State Liquor Control Commission which is not inconsistent with the law.
Whenever any licensee shall have been convicted by any court of a willful violation of any provision of this chapter, or of the state law, he or she shall, in addition to the penalties for such offense, incur a forfeiture of his or her local license and all monies that have been paid thereof, the Village President shall thereupon revoke his or her license.
A.
The Liquor Control Commission shall act only after hearing upon three days' prior written notice to the licensee, at which hearing the licensee may hear evidence against him or her and may respond to the evidence and present evidence that the licensee deems appropriate. The Village President shall preside at such hearings and shall determine what matters may come before the hearing. Rules of procedure shall be as determined from time to time by the Liquor Control Commission.
B.
Notwithstanding the foregoing, where the Liquor Control Commissioner deems that the public welfare is threatened or that this "Liquor" ordinance, or the Illinois "Liquor Control Act" has been violated and will likely continue to be violated, the Liquor Control Commissioner may immediately and without a hearing, suspend the license of the licensee until a hearing can be held as herein provided.