[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:
ADJACENT PROPERTY
Adjoining property used in conjunction with the licensed premises but outside of the licensed premises; shall include but not be limited to entryways; stairs or steps; front stoops; front, side and rear yards; parking lots; storage buildings; rear entryways, and including all public sidewalks, streets, alleys, roads, and rights-of-way.
ALCOHOLIC LIQUOR
Includes alcohol, spirits, wine and beer, and every liquid or solid; patented or not, containing alcohol, spirits, wine or beer, containing over 1/2 of 1% of alcohol by volume, and capable of being consumed as a beverage by a human being.
BOWLING ALLEY
Any establishment or building, or any part thereof, wherein the game of bowling played with composition balls and 10 wooden pins is played.
CLUB
A corporation organized under the laws of this state, and not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquor, which conforms to the definition of a club in 235 ILCS 5/1-3.24.
HOTEL
Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where meals are actually and regularly served and consumed and where sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings, in connection therewith, and such building or buildings, structure or structures being provided with adequate and sanitary dining room and kitchen equipment and capacity. All public dining rooms, banquet rooms, meeting rooms, room service areas, minibars, and other locations within or adjacent to a hotel in which alcoholic liquors are stored, offered for sale, or sold at retail shall be considered part of the hotel's licensed premises if those locations within or adjacent to the hotel are owned and managed by the hotel operator. As part of the hotel's licensed premises, each and all of those locations within or adjacent to the hotel shall be maintained and managed pursuant to a single retailer's license issued by the State Liquor Control Commission to the hotel operator, regardless of the number of local retailer licenses mandated by the Village. Public dining rooms and other locations within or adjacent to a hotel that are owned or managed by a person other than the hotel operator and are licensed by the Village to a person other than the hotel operator are not considered part of the hotel's licensed premises for purposes of this article and, as such, must be maintained and operated under separate retailer's licenses.
LICENSED PREMISES
That portion of the interior of any permanent structure in which alcoholic liquor is sold which is used in conjunction with the business of selling alcoholic liquor pursuant to a license issued hereunder, including any temporary enclosure as approved by the Local Liquor Control Commissioner with the consent of the Village Board of Trustees.
LICENSEE
Any person, firm or corporation or partnership or club holding a license under the provisions of this chapter.
ORIGINAL PACKAGE
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.
PUBLIC AREA
Rights-of-way, including streets, roads, alleys, highways, and sidewalks, owned by any governmental authority or agency; also any public parks, government-owned buildings and land, and any premises leased to any governmental authority agency.
PUBLIC PLACE
A place to which the general public has a right to resort; not necessarily a place devoted solely to the uses of the public or agency; also any public parks, government-owned buildings and land, and any premises leased to any governmental authority agency.
RESTAURANT
Any public place kept, used, maintained, advertised and held out to the public to be a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
RETAIL SALE
The sale for use or consumption and not for resale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The Village President is hereby authorized to be the local liquor control commissioner and shall be charged with the administration of the Liquor Control Act, 235 ILCS 5/1-1 et seq., and of such ordinances and resolutions relating to alcoholic liquor as may be needed. The Village President may appoint a person or persons to assist him in the exercise of the powers and performance of the duties provided for such liquor control commissioner.
It shall be unlawful to sell or offer for sale in the Village any alcoholic liquor without having a license, or in violation of the terms of such license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Applications for such licenses shall be made to the local liquor control commissioner. Such applications shall be made in writing, and shall be 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 shall contain the following information and statements:
A. 
The name, age and address of the applicant on the 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 officer and directors, and if a majority of the stock of such corporation, in interest, is owned by one person or his nominee, the name and address of such person;
B. 
The character of business of the applicant; and in the case of a corporation, the objects for which it was formed;
C. 
The length of time the said applicant has been in a business of that character, or in the case of the corporation, the date on which its charter was issued;
D. 
The amount of goods, wares and merchandise on hand the time application is made;
E. 
The location and description of the premises or place of business, which is to be operated under such license;
F. 
A statement as to whether applicant has made similar application for a similar license on premises other than described in this application, and the disposition of such application;
G. 
A statement the 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 the state or ordinances of the Village;
H. 
Whether a previous license by state or subdivision thereof or by the federal government has been revoked and the reasons thereof; and
I. 
A statement the applicant will not violate any of the laws of the State of Illinois or the United States in the conduct of the place of business.
[Amended 8-25-2021 by Ord. No. 1467; at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
No such licenses shall be issued to:
A. 
A person who is not a resident of the Village, unless such license is for a corporation;
B. 
A person who is not of good character and reputation in the community in which he/she resides;
C. 
A person who has been convicted of a felony under any federal or state law if the commissioner determines after investigation that such person has not been sufficiently rehabilitated to warrant the public trust;
D. 
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;
E. 
A person who has been convicted of pandering;
F. 
A person whose license issued under this chapter has been revoked for cause;
G. 
A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license under a first application;
H. 
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;
I. 
A corporation or limited-liability company, 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 Village;
J. 
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 commissioner shall permit and accept from an applicant for a license under this article 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;
K. 
A person whose place of business is conducted by a manager or agent, unless said 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 has forfeited his bond to appear in court to answer charges for any such violation, unless the commissioner determines, after investigation, that such person has been sufficiently rehabilitated to warrant the public trust;
M. 
A person who does not beneficially own the premises for which a license is sought, or does not have lease thereon for the full period for which the license is to be issued;
N. 
Any law enforcing public official, Village President, any member of the Board of Trustees, and no such official interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor may be issued a local liquor license unless the official granted the license does not vote on liquor issues pending before the council to which he is elected/appointed;
O. 
Any person, association or corporation not eligible for a state liquor retail dealer's license;
P. 
A person who is not a beneficial owner of the business to be operated by the licensee;
Q. 
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;
R. 
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;
S. 
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 of the Liquor Control Act;
T. 
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 person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non-resident 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;
U. 
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 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 person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non-resident 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.
Each such license shall terminate on the first day of April 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.
The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any application for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by statute, and to examine or cause to be examined the books and records of any such applicant or licensee, to hear testimony and take proofs for the commissioner's information in the performance of his/her 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, the commissioner may authorize an agent to act on his/her behalf, as provided by statute.
[Amended 5-12-2003; 10-5-2015 by Ord. No. 1362; 6-25-2018 by Ord. No. 1406; 11-26-2018 by Ord. No. 1410; 3-24-2026 by Ord. No. 1569]
Every person, firm or corporation engaged in the retail sale of alcoholic liquor in the Village of Dwight shall pay a license fee as listed in the appendix of the Dwight Village Ordinances.[1] Such fee shall be established and periodically reviewed and modified by the Village Board of Trustees.
A. 
Class A: Which shall permit the sale of alcoholic liquor, including beer and wine, for consumption on the premises only.
B. 
Class B: Which shall permit the sale of alcoholic liquor, including beer and wine, for consumption off the premises only.
C. 
Class C: Which shall permit the sale of alcoholic liquor, including beer and wine, for consumption on or off of the premises where sold, including packaged liquors.
D. 
Class D: Which shall permit the sale of alcoholic liquor, including beer and wine, for consumption on the premises or within an area specifically designated in such licenses. Such license may be issued to any person or firm currently holding a Village of Dwight liquor license and who would otherwise qualify for the issuance of a license for a special event to include but not be limited to wedding receptions, wine tasting, holiday parties, employee or customer relations events, Dwight Harvest Days, and the like. If the event is to be held out of doors, it shall be subject to the location and structure requirements as detailed in this chapter. A Class D license shall be issued for a specific period of time not to exceed two days.
E. 
Class E: Not-for-profit organizations which shall permit the sale of alcoholic liquor, including beer and wine, for consumption on the premises or for off-premises consumption where permitted by the license issued by the Village.
F. 
Class F: Not-for-profit special event license which shall authorize the retail sale of beer and/or wine by not-for-profit entities. The not-for-profit entity must be located in the Village of Dwight and must be registered as a not-for-profit entity with the State of Illinois and/or Internal Revenue Service. A not-for-profit shall not receive more than two such licenses per calendar year and the daily fee shall be $50.
G. 
Class G: Brew pub license: Which shall permit the licensee to manufacture beer only on the premises specified in the license, provided that a full-service restaurant shall also be located and operated on the designated premises. The retail sale of alcoholic liquor for consumption on the premises only is also allowed under a Class G license. The beer and stock of liquor kept on any such premises shall be so separated from the restaurant or other business premises that it can be closed off and locked up during the closing hours designated for all retail liquor sellers. The licensee shall be allowed to sell at retail for off-premises consumption from the licensed premises beer produced at a designated premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 20,000 gallons per year.
H. 
Class H: Winery/microbrewer/distiller which shall permit a winery, craft distillery or microbrewery to:
(1) 
Ferment/distill/produce wine, spirits, beer or cider only on the specified licensed premises ("in-house products");
(2) 
Furnish samples of those in-house products for consumption on the premises;
(3) 
Sell the in-house products for consumption on the premises;
(4) 
Sell the in-house products in the original corked, capped or sealed and labeled container for consumption on or off the premises;
(5) 
Sell alcoholic liquor, including beer and wine, for consumption on the premises only.
[1]
Editor's Note: See Ch. A350, Fees.
[Added 6-26-2000]
A. 
No person, firm, organization, association, or corporation shall be issued more than two Class D licenses in any one calendar year. Further, not more than two Class D licenses of any purpose shall be issued for a location, premises or address in one calendar year. For the purposes of determining the number of Class D licenses, the owner joining in the application shall not be considered as a person, firm, organization, association or corporation under this subsection.
B. 
A Class D license, if issued, shall not in any manner be regarded to relieve the license holder of complying with any other requirement of law.
C. 
When a special event is held out of doors pursuant to any Class D license, the license holder shall:
(1) 
Use only paper or plastic products to serve alcoholic liquor or food;
(2) 
Provide fencing with at least two means of ingress and egress around the area designated in the license;
(3) 
Monitor each means of ingress and egress so as to provide adequate crowd control;
(4) 
Prevent alcoholic liquor from being removed from the designated area by invitees or customers; and
(5) 
Within 24 hours after the ending time of the event, remove all refuse, litter, debris, garbage and the like from the property used for the event and the abutting public right-of-way. Upon written application, the twenty-four-hour period may be extended by the local liquor commissioner for a definite period of time for good cause shown. Good cause shall include but not be limited to natural disasters and extreme weather conditions. Failure to remove such refuse, litter, debris, garbage and the like within the said time period shall be deemed an implied consent for the Village to conduct such removal. Such implied consent shall be deemed to form a contract between the Village and the owner and licensee for payment of the costs for the removal of the refuse, litter, debris, garbage and the like. The costs for such removal shall be a lien upon the real property for which the license was issued and may also be grounds for revocation or suspension of any other Village of Dwight liquor license held by the temporary festival licensee.
All such fees shall be paid to the Village Clerk 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, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the President and Board of Trustees for proper action.
Any licensee may renew his/her license at the expiration thereof, provided that the licensee is then qualified to receive a license and the premises for which such renewal is sought are suitable for the 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 Village President from decreasing the number of licenses to be issued within the Village President's jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
It shall be unlawful to keep or permit to be kept open for business any premises licensed under a Class A, Class B, Class C or Class G license except as follows:
A. 
No alcoholic beverages shall be served or purchased during the following hours: 1:00 a.m. to 6:00 a.m., Monday through Sunday.
B. 
No alcoholic beverages shall be consumed on any premises licensed hereunder after 1:30 a.m. to 6:00 a.m., Monday through Sunday.
C. 
The restrictions and regulations regarding the serving, purchasing and consuming of alcoholic beverages as hereinbefore set forth shall not be interpreted to restrict the hours of operation of any business or enterprise in conjunction therewith.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The local liquor control commissioner hereby is given the power to enter or authorize any law enforcing officer at any time upon any premises licensed hereunder to determine whether any of provisions of the Liquor Control Act, 235 ILCS 5/1-1 et seq., or any rules or regulations by him/her or by the state liquor commission have been or are being violated, and at such time to examine the premises of said licensee in connection therewith.
The local liquor control commissioner shall keep or cause to be kept a complete record of all such licenses issued by him/her.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A license is a legally personal privilege, not a right, good for not to exceed one year after issuance unless sooner revoked as is in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or exemption, nor shall it be transferable or subject to encumbrance or lien. Such licenses shall not descend by the laws of testate or intestate devolution, it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased 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 descendent, 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. A refund shall be made of that portion of the license paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
A liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Village President. No change of locations shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the statutes of the state and the ordinances of the Village.
All premises used for the sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the regulations enforced by the County Health Department dealing with the condition of premises used for the storage or sale of food for human consumption.
It shall be unlawful for any person, firm or corporation to employ in any premises used for the 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 afflicted with or who is a carrier of any such disease to work in or about any such premises or to engage in work in or about any such premises or to engage in any work in the handling, preparation or distribution of such liquor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, 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 clubs, or restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried on, if such place of business not exempted shall have been established for such purpose prior to the taking effect of this chapter; nor to the renewal of a license for the sale of alcoholic liquor on premises within 100 feet of any church or school where such 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.
[Amended 9-9-2013]
A. 
Licensed premises may only be located at the address as stated on the license issued hereunder, and must be within a permanent structure, except as authorized by § 170-22 of the Code of the Village of Dwight. Any portion of the licensed premises outside of the permanent structure in which the licensed premises is located or outside of any temporary enclosure authorized by the local liquor control commissioner and approved by the Village Board of Trustees shall not be considered part of the licensed premises. Such areas not considered part of the licensed premises shall include but not be limited to parking lots, front, side and rear yards, storage buildings, and like areas including adjacent public property.
B. 
Dwight Harvest Days entertainment area.
(1) 
Dwight Harvest Days entertainment area (herein referred to as the "entertainment area") is hereby designated to include that portion of East Main Street (and adjacent parking lot) commencing 100 feet northeast of the intersection with Chippewa Street and extending to the intersection with Franklin Street, and to also include the portion of Franklin Street from its intersection with East Main Street to its intersection with Delaware Street. On the weekend of the Dwight Harvest Days celebration (the weekend beginning with the third Friday in September), it shall be lawful to possess and to consume alcoholic liquor within the entertainment area between the hours of 6:00 p.m. and 11:00 p.m. on Friday of that weekend, and the hours of 6:00 p.m. and 11:00 p.m. on Saturday of that weekend, subject to the restrictions and requirements of this subsection:
(a) 
In order to encourage responsible behavior and to ensure safety of the public, an identification procedure is hereby implemented to control possession and consumption of alcoholic liquor within the entertainment area. The Dwight Harvest Days Committee or other not-for-profit organization acting as sponsor of the Dwight Harvest Days celebration, (herein referred to as the "Committee") is hereby authorized and required to administer the identification program for possession or consumption of alcoholic liquor within the entertainment area. In order to identify persons over age 21 who are authorized to possess or consume alcoholic liquor, the Committee must confirm the age of the person seeking to possess or consume alcoholic liquor in the entertainment area and issue to the person a wristband or other distinctive and nontransferable identifier. The fact that any person is wearing such an identifier does not relieve the responsibility of each license holder to confirm the age of patrons as required by the Municipal Code of the Village of Dwight and by Illinois Compiled Statutes. The Committee or other sponsoring organization is required to erect barricades or other delineations of the entertainment area during the stated times. Alcoholic liquor may only be possessed or consumed by persons wearing a wristband or other identifier issued pursuant to this section and contained in cups or containers as sold by license holders within or adjacent to the entertainment area. The Committee may charge a fee (the amount of which must be approved by the liquor control commissioner in advance) to each person who is issued a wristband or other identifier, and such funds shall be used by the Committee exclusively to offset the cost of administering the program and for providing entertainment in the entertainment area.
(b) 
No person may possess or consume any alcoholic liquor within the entertainment area except during the specified times and except while wearing a wristband or other identifier issued by the Committee.
(c) 
No person may possess more than one container which may be no larger than 12 fluid ounces in size containing any alcoholic liquor within the entertainment area.
(2) 
To the extent not inconsistent with the foregoing Subsections A and B, the possession and consumption of alcoholic liquor is also subject to the terms and restrictions of the following Subsections C through J.
C. 
It shall be unlawful for the license holder, his/her employees or agents to allow any alcoholic liquor not in its original package to be taken or otherwise removed from the licensed premises.
D. 
It shall be unlawful for any person to remove any alcoholic liquor not in its original package from any licensed premises.
E. 
It shall be unlawful for any person to consume any alcoholic liquor, on any public street, sidewalk, park, or other public place except as authorized by the terms of a Renfrew Park reservation and permit and only within the immediate vicinity of the reserved shelter.
F. 
It shall be unlawful for any person to possess any alcoholic liquor, which is not in its original package on public street, sidewalk, park, or other public place except as authorized by the terms of a Renfrew Park reservation and permit and only within the immediate vicinity of the reserved shelter.
G. 
It shall be unlawful for any person to consume alcoholic liquor when such person is outside of a licensed premises but on adjoining property owned, leased or otherwise in the control and possession of the license holder of the licensed premises and such adjoining property is used in conjunction with the licensed premises by patrons of the licensed premises.
H. 
It shall be unlawful for any person to have in his/her possession alcoholic liquor which is not in its original package when such person is outside of a licensed premises but on adjoining property owned, leased or otherwise in the control and possession of the license holder of the licensed premises and such adjoining property is used in conjunction with the licensed premises by patrons of the licensed premises.
I. 
It shall be unlawful for the license holder or his/her employees or agents to allow any person to consume alcoholic liquor when any such person is outside of a licensed premises but on adjoining property owned, leased or otherwise in the control and possession of the license holder of the licensed premises and such adjoining property is used in conjunction with the licensed premises by patrons of the licensed premises.
J. 
It shall be unlawful for the license holder or his/her employees or agents to allow any person to have in his/her possession alcoholic liquor which is not in its original package when any such person is outside of a licensed premises but on adjoining property owned, leased or otherwise in the control and possession of the license holder of the licensed premises and such adjoining property is used in conjunction with the licensed premises by patrons of the licensed premises.
No sale or delivery of alcoholic liquor may be made by a licensed holder, his/her employee or agent outside of the licensed premises except in an enclosed area as approved by the local liquor control commissioner with the consent of the Village Board, and subject to the following provisions:
A. 
The type of temporary enclosure must be approved by the local liquor control commissioner.
B. 
A permit for a temporary enclosure which shall serve as a temporary extension of the boundaries of the Licensed Premises for the period of time the permit is issued only.
C. 
Any entertainment by singers, musicians, or otherwise within such temporary enclosure shall end no later than 12:00 midnight local time.
D. 
Approval for a temporary enclosure for the sale of alcoholic liquor shall first be approved by the local liquor control commissioner and the Village Board of Trustees upon the request by the license holder in person at a regularly scheduled meeting of the Village Board of Trustees.
No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minors.
Except in the case of 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 section shall not prevent any connection between such premises and such other portion of the building or structure which is used only by the licensee, his/her family and personal guests.
In premises in which the sale of alcoholic liquor for consumption on the premises is licensed, other than in a restaurant, hotel, or any bowling alley other than one situated on the first floor or ground floor, or club, no blind, curtain, partition, article or thing shall be permitted in the windows 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 full view of the entire interior of such premises, and the entire space used by the public must be so located that there shall be a full view of the same from the street, road or sidewalk. All rooms where alcoholic liquor is sold for consumption on the premises shall be continually lighted during business hours by natural or artificial white lights 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/her willfully suffered to be obscured or obstructed, such license may be revoked in the manner herein provided. In order to enforce the provisions of this section, the local liquor control commissioner shall have the right to require the filing with him/her of plans, drawings and photographs showing the clearance of the view as above required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
It shall be unlawful for any licensee in the Village of Dwight or any officer, associate, member, representative, agent or employee of such licensee to sell give or deliver alcoholic liquor, beer and/or wine to any person under 21 years of age. No person after purchasing or otherwise obtaining alcoholic liquor, beer and/or wine shall sell, give or deliver such alcoholic liquor, beer and/or wine to any person under 21 years of age.
B. 
It shall be unlawful for any person under 21 years of age who, for the purpose of buying, accepting or receiving alcoholic liquor, beer and/or wine from any licensee, represents that he/she is 21 years of age or over.
C. 
In every tavern or other place in the Village where alcoholic liquor, beer and/or wine is sold, there shall be displayed at all times in a prominent place a printed card which shall be supplied by the Clerk and which shall substantially read as follows:
WARNING TO MINORS
You are subject to a fine up to $750 under the ordinances of the Village of Dwight, if:
1.
While under the age of 21 years and for the purpose of buying, accepting or receiving alcoholic liquor, beer and/or wine, you represent that you are 21 years of age or over.
2.
After purchasing alcoholic liquor, beer and/or wine, to sell, give or deliver such substance to persons under 21 years of age.
D. 
It shall be unlawful for any holder of a retail liquor license or their agent or employee to suffer or permit any person under the age of 21 years to remain in any room or compartment adjoining or adjacent to or situated in a room or place where such licensed premises are located; provided that this subsection shall not apply to any person under the age of 21 years who is accompanied by his or her parent or guardian or to any licensed premises which derives its principal business from the sale or services of commodities other than alcoholic liquor, beer or wine.
E. 
In addition to all other fines and penalties, the Village President may revoke or suspend the retail liquor dealers license for any violation of this article.
F. 
It shall be unlawful for any parent or guardian to permit any minor child of which he or she may be the parent or guardian to violate any of the provisions of this section.
G. 
The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony is not prohibited by this article.
H. 
It shall be unlawful for any person under the age of 21 years to tend any bar, to draw, pour or mix any alcoholic liquor in any licensed retail premises, and it shall be unlawful for anyone under the age of 18 years who is employed by a Class A through H liquor license holder to sell alcoholic beverages to members of the public pursuant to this article. In addition, it shall be unlawful for anyone under the age of 18 years, when making a delivery pursuant to the order of their parent or pursuant to and incidental to their employment, to have in their possession an alcoholic beverage, including but not limited to working as a waiter or a waitress.
A. 
It shall be unlawful for any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age to purchase or accept a gift of alcoholic liquor or to have alcoholic liquor in his possession.
B. 
If a licensee or his/her agents or employees believe or have reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the non-age of the prospective recipient, they 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/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 article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
It shall be unlawful for the holder of an alcoholic liquor dealer's license to sell, deliver or give any alcoholic liquor to any intoxicated person.
The licensee, employee and/or agent of an establishment licensed hereunder who does not take affirmative steps to bar persons from such licensed premises who are known to such license holder, employee and/or agent to habitually become drunk and disorderly and involved in fighting, arguments and otherwise disrupting the peace, or when such licensee, employee and/or agent of such licensed premises refuses to cooperate with the local liquor commissioner and/or Village, County, and/or State Police Departments or other appropriate authorities in the prosecution of any individual or individuals having been in or about the licensed premises who shall become drunk, involved in fights and arguments, or who have threatened the license holder, employees and/or patrons, or who otherwise disturb the peace shall be guilty of maintaining a nuisance under § 195-16M of this Village Code. Cooperation with such authorities shall include but not be limited to the signing of a complaint and/or acting as a witness in the prosecution of such person or persons. Upon a conviction after a hearing before the local liquor commissioner of the Village of Dwight of the license holder, his/her employee and/or agent, the licensee of the licensed premises shall be subject to a suspension of such license for a period of up to five days, and if the license holder, employee and/or agent is/are convicted of such offense of a total of more than three times in any twelve-month period, such license shall be revoked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The local liquor control commissioner may revoke or suspend any license issued by him/her if he determines that the licensee has violated any of the provisions of the Liquor Control Act (235 ILCS 5/1-1 et seq.), other state law, or any ordinance of the Village of Dwight or resolution enacted by the Board of Trustees of the Village of Dwight or any applicable rule or regulations established by the local liquor control commissioner or the State Commission which is not inconsistent with law. Prior to the suspension or revocation of any license, the local liquor control commissioner shall first comply with the applicable provisions of 235 ILCS 5/7-5, as from time to time amended, or such other applicable state statute or local ordinance as may be appropriate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any person, firm, or corporation violating any provision of this chapter or of 235 ILCS 5/1-1 et seq., other state law, or any ordinance or resolution enacted by the Board of Trustees of the Village of Dwight, or any applicable rule or regulation established by the local liquor control commissioner which is not inconsistent with law may be fined up to the amount designated in the Fine Rate Schedule[1] for each violation; each day on which a violation continues shall constitute a separate violation. With respect to any licensee, not more than $15,000 in fines under this section may be imposed against any licensee during the period of his/her license. Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury.
[1]
Editor's Note: See § 1-12 of the Village Code.
Upon the issuance of a written citation by the local liquor control commissioner, or his/her appointed representative, the local liquor control commissioner or his appointed representative shall cause a written notice to be served on the liquor license holder receiving such written citation, and such notice shall set forth the reasons for such written citation, the proposed fine, and the proposed suspension and/or revocation of such liquor license. A public hearing shall be held before the local liquor control commissioner with regard to any offense under this chapter, such hearing to be held after first having given three days' written notice to the local liquor license holder. The local liquor license holder in such notice shall be advised of the time and place of such hearing, and the reasons and allegations upon which the citation issued by the local liquor control commissioner are based. At the time and place of the hearing before the local liquor control commissioner, and after all evidence has been presented, the local liquor control commissioner shall within five days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, state the reason or reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order within five days upon the licensee.
In the event that the local liquor control commissioner believes that the operation of a particular licensed premises under this chapter would immediately threaten the welfare of the community, he/she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises to be closed for not more than seven days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of other business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
All hearings before the local liquor control commissioner shall be public and, if required by resolution of the Village Board of Trustees, shall be reduced to writing and shall be maintained as an official record of such proceedings.
All penalties and/or fines as set forth herein shall be immediately payable and/or enforceable after the hearing as required before the local liquor commissioner as hereinbefore set forth, except as to a temporary suspension as provided for in § 170-34 hereof, in which case such temporary suspension shall be immediately enforceable, and in the event the decision of the local liquor control commissioner is appealed to the State Liquor Control Commission, any fine unpaid or any suspension and/or revocation shall be held in abeyance until a determination of the State Liquor Commission has been made with regard to the order of the local liquor control commissioner.