All places of business licensed under this Code shall be closed and not open for business, except between the hours of 6:00 A.M., on one day and 1:00 A.M. on the following day, being further provided that such places of business shall vacate the premises of all patrons or other persons except the owner or his lawful employees by the hour of 1:00 A.M., and that no person, except the owner or his lawful employees shall be in or about the premises from 1:00 A.M. to 6:00 A.M. of the same day. (See 235 ILCS 5/4-1)
(A) 
All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer’s license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at the establishment.
(B) 
No retail licensee or employee or agent of such licensee shall:
(1) 
Sell more than one (1) drink of alcoholic liquor for the price of one (1) drink of alcoholic liquor;
(2) 
Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public or as provided by 235 ILCS 5/6-28.5;
(3) 
Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;
(4) 
Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licenses premises; or
(5) 
Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under paragraphs (1) through (4).
(C) 
Permitted happy hours and meal packages, party packages, and entertainment packages.
(1) 
As used in this Section:
(a) 
DEDICATED EVENT SPACE
Means a room or rooms or other clearly delineated space within a retain licensee’s premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may be used to clearly delineate a dedicated event space.
(b) 
MEAL PACKAGE
Means a food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to the food, including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed price by a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
(c) 
PARTY PACKAGE
Means a private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.
(2) 
A retail licensee may:
(a) 
Offer free food or entertainment at any time;
(b) 
Include drinks of alcoholic liquor as part of a meal package;
(c) 
Sell or offer for sale a party package only if the retail licensee:
(i) 
Offers food in the dedicated event space;
(ii) 
Limits the party package to no more than three (3) hours;
(iii) 
Distributes wristbands, lanyards, shirts, or any other such wearable items to identify party package attendees so the attendees may be granted access to the dedicated event space; and
(iv) 
Excludes individuals not participating in the party package from the dedicated event space;
(d) 
Include drinks of alcoholic liquor as part of a hotel package;
(e) 
Negotiate drinks of alcoholic liquor as part of a hotel package;
(f) 
Provide room service to persons renting rooms at a hotel;
(g) 
Sell pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes, or bottles of alcoholic liquor which are customarily sold in such manner, or sell bottles of spirits;
(h) 
Advertise events permitted under this Section;
(i) 
Include drinks of alcoholic liquor as part of an entertainment package where the licensee is separately licensed by a municipal ordinance that (i) restricts dates of operation to dates during which there is an event at an adjacent stadium, (ii) restricts hours of serving alcoholic liquor to two (2) hours before the event and one (1) hour after the event, (iii) restricts alcoholic liquor sales to beer and wine, (iv) requires tickets for admission to the establishment, and (v) prohibits sale of admission tickets on the day of an event and permits the sale of admission tickets for single events only; and
(j) 
Discount any drink of alcoholic liquor during a specified time period only if:
(i) 
The price of the drink of alcoholic liquor is not changed during the time that it is discounted;
(ii) 
The period of time during which any drink of alcoholic liquor is discounted does not exceed four (4) hours per day and fifteen (15) hours per week; however, this period of time is not required to be consecutive and may be divided by the licensee in any manner;
(iii) 
The drink of alcoholic liquor is not discounted between the hours of 10:00 P.M. and the licensed premises’ closing hour; and
(iv) 
Notice of the discount of the drink of alcoholic liquor during a specified time is posted on the licensed premises or on the licensee’s publicly available website at least seven (7) days prior to the specified time.
(D) 
A violation of this Section shall be grounds for suspension or revocation of the retailer’s license as provided by Article IV of this Chapter. (235 ILCS 5/6-28)
No license shall be issued for the sale of any alcoholic liquor at retail within one hundred (100) feet 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 place of business so exempted shall have been established for such purposes prior to the taking effect of this Code; nor to the renewal of a license for the sale at retail of alcoholic liquor on the premises within one hundred (100) feet of any church or school where such church or school has been established within such one hundred (100) feet since the issuance of the original license. In the case of a church, the distance of one hundred (100) feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
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.
(235 ILCS 5/6-11(e))
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 upon 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 law of this State and the Code of this County. (235 ILCS 5/7-14)
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. (235 ILCS 5/6-12)
No person shall, within this County, transport, carry, possess, or have any alcoholic liquor in, upon, or about any motor vehicle in or on any public street, alley or place, except in the original package and with the seal unbroken.
It shall be unlawful to drink any alcoholic liquor on any public streets, alleys, sidewalks and other public ways in the County unless authorized at a regular or special meting of the County Board. (See 235 ILCS 5/6-16)
The presence in a vehicle other than a public vehicle of any alcoholic liquor shall be prima facie evidence that it is in the possession of and is being carried by all persons occupying such vehicle at the time of which such alcoholic liquor is found, except under the following circumstances:
(A) 
If such liquor is found on the person of one of the occupants therein; or
(B) 
If such vehicle contains at least one occupant over twenty-one (21) years of age.
All such licensees may sell alcoholic liquor at retail, by the drink or in the original package for consumption either on or off the premises licensed on the day of any national, state, county or municipal election, including primary elections during the hours the polls are open within the political area in which such election is being held and on Sundays; subject to all the remaining terms, conditions and opening hours and closing hours as set forth in this Code.
It shall be unlawful for any person to do or commit any of the following acts within the County, to-wit:
(A) 
Drink any alcoholic liquors on any public street, alley, sidewalk, or other public way without special permission granted by the Liquor Commissioner.
(B) 
Drink any alcoholic liquors in any public park, except with the permission of the Liquor Commissioner.
(C) 
Drink any alcoholic liquors in any private property without permission of the owner thereof.
(D) 
Appear on or in any public street, alley, sidewalk or other public place, including parks and recreation areas, in an intoxicated condition.
Acts or conduct on licensed premises in violation of this rule are deemed contrary to public welfare and morals, and therefore, no licensee, his agent, servant, or employee shall allow or permit any of the following acts or conduct on any licensed premises. Live entertainment is permitted on any licensed premises, except that:
(A) 
No licensee shall permit any person to perform acts of or acts which stimulate:
(1) 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(2) 
The touching, caressing or fondling of the breast, buttocks, anus or genitals.
(3) 
The displaying of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(4) 
Exposing to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(B) 
No licensee shall permit any person to use artificial devices or inanimate objects or depict any of the prohibited activities described above.
(C) 
No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view, any portion of his or her genitals or anus.
The following acts or conduct on licensed premises are deemed contrary to public welfare and morals, and therefore, no licensee, his agent, servant or employee shall allow or permit on any licensed premises, the showing of films, still pictures, electronic reproduction, or other visual reproductions depicting:
(A) 
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(B) 
Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
(C) 
Scenes wherein a person displays the vulva or the anus or the genitals.
(D) 
Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(E) 
Scenes showing any person attired in any manner which is prohibited in any other section of this Article.
The following attire or conduct on licensed premises are deemed contrary to public welfare and morals and therefore, no licensee, his agent, servant or employee shall allow or permit any of the following conduct or attire on any licensed premises:
(A) 
To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(B) 
To employ or use the services of any hostess or any other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (A) above.
(C) 
To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
(D) 
To permit any employee or person to wear or use any device or covering exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereof.
No licensee, his agent, servant or employee shall permit or allow any performance or entertainment to be performed outside of the building after the hour of 12:00 midnight. This Section does not apply to county picnics that are issued a one (1) day liquor license.
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 codes regulating the condition of the premises used for the storage or sale of food for human consumption. (410 ILCS 650/1 et seq.)
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 disease, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor. (410 ILCS 650/10)
Every licensee shall have, at all times, a valid operating permit from the County Health Department that regulates health standards.
[Ord. No. 12-17, 12-17-2012]
It is unlawful to keep, place, maintain or operate any gambling device or instrument in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away, except in the following instances:
(A) 
Bingo. When conducting or participating in the game commonly known as Bingo, when conducted in accordance with the Bingo License and Tax Act (230 ILCS 25/1 et seq.);
(B) 
Video poker. Video Gaming Terminal games at a licensed establishment, licensed fraternal organization, or licensed veteran’s establishment, when conducted in accordance with the Video Gaming Act. (230 ILCS 40/1 et seq.)
Any person licensed under this Chapter shall not suffer or permit any disorder, drunkenness, quarreling, fighting, unlawful games, or riotous or disorderly conduct in any house or premises kept or occupied by him for the sale of liquor. (235 ILCS 5/4-1)
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 twenty-one (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 twenty-one (21) years, except in the performance of a religious ceremony or service. (235 ILCS 5/6-16)
It shall be unlawful for any person under the age of eighteen (18) years to attend any bar or to sell, draw, pour or mix any alcoholic liquor in any licensed retail premises. (235 ILCS 5/4-1)
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 possession. (235 ILCS 5/6-20)
If a licensee or his agents or employees believe or have reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of the prospective recipient, he 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 official duties.
Proof that the defendant/licensee or his employees or agent demanded, was shown, and reasonably relied upon such written evidence in any transaction forbidden by this Section is competent evidence and may be considered in any criminal prosecution therefor or in any proceedings for the suspension or revocation of any license based thereon. (235 ILCS 5/6-20)
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 Code. The consumption of alcoholic liquor by any person under the age of twenty-one (21) years is forbidden. (235 ILCS 5/6-20)
In every licensed business where alcoholic liquor is sold, there shall be displayed at all times in a prominent place, a printed card which shall be supplied by the County Clerk, and which shall read as follows:
UNDERAGE LIQUOR WARNING
"YOU ARE SUBJECT TO A FINE UP TO $1,000 UNDER THE ORDINANCES OF THIS COUNTY IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR."
The possession and dispensing or consumption by an underaged person of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by an underaged person under the direct supervision and approval of the parent or parents of such underaged person in the privacy of a home is not prohibited by this Code. (235 ILCS 5/6-20)
It shall be unlawful to refuse to grant admittance to the premises for which a license has been issued at any time upon the verbal request of the Sheriff, any police officer, or the Liquor Commissioner for the purpose of making an inspection of such premises or any part thereof. (235 ILCS 5/4-4)
In addition to the restrictions on licensing, the holder of a license is subject to the following restrictions:
(A) 
It is unlawful for any license to accept, receive or borrow money or anything of value directly or indirectly from any manufacturer or distributor of alcoholic liquor. (235 ILCS 5/6-5)
(B) 
No licensee licensed under the provisions of this Code shall deny or permit his agents or employees to deny any person the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold subject only to the conditions and limitations established by law and applicable alike to all citizens. (235 ILCS 5/6-17)
(C) 
No licensee shall sell liquor to any persons on credit, or in payment for services rendered but this does not apply to clubs and hotels and liquor purchased for consumption off the premises. (235 ILCS 5/6-19)
(D) 
No licensee shall fill or refill in whole or in part any original package of alcohol with the same or other liquor and no liquor shall be sold except in original packages. (235 ILCS 5/6-22)
(E) 
No alcoholic liquor shall be sold or delivered in any building belonging to or under the control of a County except in connection with the operation of an established food service facility or at a site specifically provided for in the Act and where dram shop insurance coverage is provided. (235 ILCS 5/6-15)
(F) 
An established place of business is a prerequisite to the issuance of a license. Revocation of a license when a licensee ceases to operate the business before the license expires is within the authority of the commissioner on the grounds of nonuse. (See Goode V. Thomas 31 Ill. App. 3d 674, 1975)
Any person who sells, gives, or furnishes to any person under the age of twenty-one (21) years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of twenty-one (21) years evidence of age and identification of any other person is guilty of violating this Code. (235 ILCS 5/6-16)
Any person under the age of twenty-one (21) years who 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, is guilty of violating this Code. (235 ILCS 5/6-16)
Any person under the age of twenty-one (21) years who has any alcoholic beverage in his possession on any street or highway or in any public place, or in any place open to the public is guilty of violating this Code. This section does not apply to possession by a person under the age of twenty-one (21) years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment. (235 ILCS 5/6-16)
Any person shall be guilty of a violation of this Code where he or she knowingly permits a gathering at a residence which he or she occupies of two (2) or more persons where any one or more of the persons is under twenty-one (21) years of age and the following factors also apply:
(A) 
The person occupying the residence knows that any such person under the age of twenty-one (21) is in possession of or is consuming any alcoholic beverage; and
(B) 
The possession or consumption of the alcohol by the person under twenty-one (21) is not otherwise permitted by this Code and
(C) 
The person occupying the residence knows that the person under the age of twenty-one (21) leaves the residence in an intoxicated condition.
For the purposes of this section where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee. (235 ILCS 5/6-16)
Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of twenty-one (21) years shall be guilty of violating this Code. (235 ILCS 5/6-16)
No manufacturer or distributor shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease any furnishing, fixture or equipment on the premises of a place of business of another licensee authorized under this Code to sell alcoholic liquor at retail, nor shall be, directly or indirectly pay for such license or advance, furnish, lend or give money for payment of such license, nor shall such manufacturer or distributor directly or indirectly be interested in the ownership, conduct or operation of the business or any licensee authorized to sell alcoholic liquor to retail.
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 purpose 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 structure which is used only by the licensee, his family or personal guests.
No person, except a manufacturer or distributor, or importing distributor, shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor, and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks or other containers containing alcoholic liquor, except in original packages.
All owners and/or proprietors of establishments selling alcoholic liquor licensed by the County shall report all offenses contained in 730 ILCS and this Code to the Sheriff’s Department while occurring or within twenty-four (24) hours after they occur. They shall report the names of the person or persons involved in these offenses.
(A) 
For all licenses issued on or after October 1, 2016 and all original or renewal applications for Classes “A” to “F” liquor licenses shall be accompanied with proof of completion of a State Certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) program for all persons who sell or serve alcoholic beverages, all management personnel working on premises, and anyone whose job description entails the checking of identification for the purpose of alcoholic beverages, pursuant to that license.
(B) 
A state certified BASSET training program shall be defined as a BASSET program licensed by the State of Illinois Liquor Control Commission (ILCC) as required by 235 ILCS 5/3-12(11.1) and 6-27 and Title 77 of Illinois Administrative Code, Chapter XVI, Section 3500. All licensed BASSET providers shall be required to have on file all licenses and certificates to prove current qualifications and provide a certificate of course completion and a card (a picture type ID is optional), to participants as proof of completion.
(C) 
After October 1, 2016, any new owner, manager, employee, or agent requiring BASSET training, shall within ninety (90) days from the beginning of their employment with that licensee, complete an ILCC BASSET approved seller/server training program and shall until completion of the BASSET program work under the supervision of a person who has completed BASSET training.
(D) 
A photocopy of certificate of completion for all owners, managers, employees, or agents required by this Section to have BASSET training shall be maintained, by the establishment, in manner that will allow inspection, upon demand, by any designee of both the state and local liquor control authorities.
(E) 
The County will honor all State of Illinois Liquor Control Commission (ILCC) BASSET approved programs.