Operation of boats while under the influence of alcohol — See Ch. 218.
Consumption and transportation of alcohol on snowmobiles — See Ch. 245.
ARTICLE IDelivery in Village Buildings (§ 111-1 — § 111-2)
ARTICLE IILiquor Licenses (§ 111-3 — § 111-34)
§ 111-1Permitted delivery locations.
Pursuant to the authority granted in 235 ILCS 5/6-15, alcoholic liquor may be delivered, but not sold, in the following buildings under the control of the Village of Williamsville, Williamsville, Illinois:
Any person who shall violate the provisions of this article shall be punished in accordance with 235 ILCS 5/10-1.
§ 111-6Local Control Commissioner designated.
§ 111-7Powers and duties of Liquor Control
§ 111-8Transfer to other premises.
§ 111-9Separate licenses required; operational
§ 111-10Prohibited transactions.
§ 111-11License application.
§ 111-12Completion of education training
§ 111-13Ineligible applicants.
§ 111-14Termination date.
§ 111-15Regulations applicable to all
§ 111-16Classifications and fees.
§ 111-17Number of licenses.
§ 111-18License list.
§ 111-19License is a privilege.
§ 111-21Payment and disposition of fees.
§ 111-22Change of personnel.
§ 111-24Waiver of license.
§ 111-25Prohibited sales.
§ 111-26Display of license.
§ 111-27Type of notice required.
§ 111-30Entry onto premises.
§ 111-32Continuances for hearings.
§ 111-33Appeal on record.
The following guidelines shall be placed in effect regarding the sale of package liquor, liquor licenses and alcoholic beverages.
This article shall be liberally construed to the end that the health, safety and welfare of the people of the Village of Williamsville may thereby be protected and to the end that temperance in the consumption of alcoholic liquors may be encouraged and fostered by judicious and careful regulation and control of the sale and distribution of alcoholic liquors.
Except as provided for herein in Subsection C hereinafter, all words and phrases used in this article and defined in the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.), enacted January 31, 1934, and in effect July 1, 1934, shall have the same meaning herein as they have in the Act.
The words "the Village," as used in this article, shall be taken to mean and include all territory within the geographical limits of the Village of Williamsville, Sangamon County, State of Illinois.
"Restaurant" shall be defined as any public place kept, used, maintained, advertised, and held out to the public as 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. Any business claiming to be a restaurant must document, on demand of the Liquor Commissioner, that 60% or more of its gross receipts during the past three months is derived from the sale of food as distinguished from alcoholic liquor. During the first three months of operation, the business must document, on demand of the Liquor Commissioner, that 60% or more of its gross receipts is derived from the sale of food as distinguished from alcoholic liquor for each month.
The Village President shall be the local Liquor Control Commissioner of the Village and shall act as such.
The Liquor Control Commissioner of the Village shall have the following powers and duties:
To grant or suspend, for not more than 30 days, or to revoke for cause all local licenses issued to persons, firms or corporations subject to his jurisdiction.
To enter, or to authorize any inspector, law enforcement officer or peace officer to enter, at any time, upon any premises licensed hereunder for the purpose of determining whether any of the provisions of this article have been or are being violated and to inspect or examine such premises at the time of entry thereon.
To require that all licensed premises be maintained and operated in a sanitary condition and in compliance with all applicable laws, ordinances, rules and regulations, and require any additional security or enforcement to assure compliance with all applicable rules, regulations and ordinances of the Village and the State of Illinois; to assure the public safety, welfare and best interests of people of the Village; to determine the environmental and economic impact of the area surrounding the licensed premises; and to enforce such ordinances against any public nuisance.
To require that any licensee secure and file with his office a certificate of approval showing compliance with all applicable rules or regulations of the Health Department of the county and a certificate of approval from the building and zoning officials of the Village, showing compliance with all applicable ordinances, rules and regulations.
To require each licensee dispensing draught beer to have coils and other equipment used in drawing draught beer cleaned at least once each week by either chemical or mechanical means approved by the Health Department of the county, and to prohibit the use of such cleaning by steam or hot water alone.
To require each licensee to be responsible for the person or persons cleaning coils and that said person or persons maintain a written record of the dates on which said coils were cleaned.
To receive complaints from any citizen regarding violations of any of the provisions of this article or of the Illinois Liquor Control Act or complaints regarding any other applicable laws, ordinances, rules or regulations concerning violations thereof and to act upon such complaints as herein provided.
To receive all local license fees and to pay the same forthwith to the Village Treasurer.
To serve notice of hearing upon any licensee to consider suspension or revocation of a license under circumstances which involve repeated reports by law enforcement officers of violations of the law upon the premises (real estate) adjacent to and surrounding the structure in which alcoholic liquors are served, pursuant to a license issued in compliance with this article and which violations consist of any offensive language or loud music, affrays, assaults and other breaches of the peace amounting to a nuisance.
To examine or cause to be examined, under oath, any applicant for a license or for a renewal thereof or any licensee upon whom a notice of revocation or suspension has been served and to examine or cause to be examined the books and records of any such applicant or licensee. The Commissioner, in conducting such examination, may hear testimony and receive proof for his information in the performance of his duties and, in connection with such examination, may issue subpoenas which shall be effective in any part of the State of Illinois. In conducting such examinations, the Liquor Commissioner may authorize his agent to act on his behalf.
To appoint a person or persons to assist him in the exercise of the powers and performance of the duties provided for by the Liquor Commissioner, including but not limited to appointment of members to a Williamsville Liquor Commission.
For purposes of this article, the movement of a business from one location to a second location shall constitute a transfer. The sale or disposition of a business by the licensee to a person who will continue the business on the same location shall constitute a waiver.
After a license has been granted for a particular premises, the Commissioner, upon proper showing, may permit the licensee to abandon the premises therein described and to move his place of business to other premises approved by the Commissioner. However, in order to obtain a hearing on the matter the licensee shall make written application to the Commissioner and pay a hearing fee as set forth in Chapter 155, Fees. The application shall contain proof that notice of application was served upon the owner of the original premises. The applicant has the burden of showing that the premises to which removal is to be made complies, in all respects, with the provisions of all applicable ordinances and regulations pertaining to zoning, health and safety. Upon receipt of such request the Commissioner will conduct a hearing to inquire into and receive evidence bearing upon the question of removal to other premises. No person may transfer a license to a new location unless they have continuously operated the current licensed premises for at least two years.
No person shall sell or permit the sale, use or consumption of any alcoholic liquors in the Village without first having obtained a license to sell such liquors in each location, place or premises wherein it is proposed by a prospective licensee to sell such liquors.
Except as otherwise provided in § 111-10I herein, cabarets, night clubs, dance halls and places in which entertainment is provided and which are not part of a premises licensed hereunder are prohibited from allowing patrons to bring upon the premises alcoholic beverages to be there served or consumed by said patrons.
Where two or more locations, places or premises are under the same roof, or are located at one street address, a separate license shall be obtained for each such location, place or premises, unless all rooms in which it is intended to serve alcoholic liquors are directly connected or are adjacent to and accessible to each other without leaving the building. Each licensee shall define with certainty the room or rooms in which liquor is to be sold. The provision contained in this subsection shall not apply to locations, places or premises for which a Class F license or Class G license is required, is sought or has been issued. In such cases, the Class F or G license shall be sufficient for all such locations, places or premises so situated or any part thereof.
No person licensed to sell liquor under any license issued by the Liquor Commissioner shall be permitted to sell, give away or otherwise dispose of alcoholic liquor at any place other than the place specifically described in his license, whether such place be in the same building or not, provided that nothing herein contained shall be so construed as to prevent any hotel operator or motel operator licensed under this article from serving alcoholic liquor to registered guests of the hotel or motel in any room or part of the hotel or motel. However, such liquor so served shall be kept in and served from a licensed location, place or room in said hotel or motel. The foregoing provisions shall apply only to hotels and motels conducted and maintained as such.
No person shall sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in 235 ILCS 5/1-1 et seq. (Liquor Control Act of January 31, 1934), as amended, and the provisions of this article.
No licensee under this article, nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person or to any person known by him to be a habitual drunkard or an insane or mentally ill or mentally deficient person.
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, nor shall such person have alcoholic liquor in his possession.
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 or such agents or employees shall, before making such sale or delivery, demand presentation of some form of positive identification, showing proof of age, which identification has been issued by a public officer in the performance of his official duties.
Misrepresentation of age.
Any person under the age of 21 years who misrepresents his or her age for the purpose of purchasing or obtaining any alcoholic beverage, in any place where such beverage is sold, shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000.
In accordance with 235 ILCS 5/6-16, any person found guilty of any of the foregoing acts shall, upon conviction thereof, be fined not less than $500 and perform at least 25 hours of community service. If possible, any community service shall be performed for an alcohol abuse prevention program.
No person shall operate or attempt to operate any premises for the sale of alcoholic beverages for which the license has been revoked, for any cause, for the period of one year after such revocation.
Any person found guilty of selling or delivering alcoholic liquor to any person under the age of 21 years or to any intoxicated person known by him to be a habitual drunkard or insane or mentally ill shall be fined not less than $50 nor more than $1,000.
Nothing in this article shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor, provided that 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 of alcoholic liquors.
No licensee, nor any officer, associate, member representative, agent or employee of such licensee shall permit anyone to carry, possess or discharge any firearm, stun gun, laser or other deadly weapon on or about said licensed premises or grounds thereon, except that the owner or licensed manager, with a valid firearm permit, may keep such firearm on said premises.
Nothing in this article shall prohibit a person of the age of 21 years or older from consuming wine within a duly licensed restaurant having seating for 40 persons or more, which wine was furnished by the patron to be consumed by him with a meal purchased from said restaurant and, if and only if, said restaurant's management permits said patron or patrons to provide such wine.
Application for a license or for renewal of a currently existing license hereunder shall be made to the Liquor Control Commission, in writing, under oath, signed by the applicant, if an individual, or by the duly authorized agent thereof, if a club, corporation or unit of local government, and shall include the following information and statements:
The name, age, last three residence addresses and social security number of the applicant. In the case of a partnership, the application must contain the names, ages and last three residence addresses and social security number of each partner. If a corporate license is sought, the application must contain the name of the corporation, the date of the incorporation, the articles of incorporation and the names and addresses and social security numbers of all officers and directors. If 50% or more of the stock of such corporation is owned by one person, or his nominee, the name and address and social security number of each such person shall be set forth in the application.
In the case of an individual, the application must contain his place of birth and, if the application is a naturalized citizen, then the date and place of naturalization must be shown.
The capital investment which the applicant intends to make in the business of selling liquor at retail upon receipt of a license.
The location, address and legal description of the premises to be licensed. If the premises are leased, the application shall attach a copy of the lease to the license application.
A statement whether the applicant has made any other application in Illinois for a liquor license and what disposition, if any, was made of such application and a statement that the applicant will not violate any of the laws of the state or of the United States, and that the applicant will not violate any of the ordinances of the Village.
A statement whether or not applicant was ever convicted of a felony or misdemeanor.
The applicant, and in the case of a corporation, all officers and persons owning in the aggregate more than 5% of the stock of the corporate applicant shall be fingerprinted in accordance with 235 ILCS 5/4-7.
The applicant, or applicants, shall obtain a certificate of approval from both the Health Department and the Building and Zoning Department of the Village or county (if the county is administering the building and zoning ordinances of the Village) and shall file such approval in the office of the Liquor Commissioner with any application for a license.
For licenses issued after the effective date of this article, the original or renewal application for a Class C, D, F or G license shall be accompanied with proof of completion of a state-certified Beverage Alcoholic Sellers and Servers Education Training Program (BASSET), for all persons who serve or sell alcoholic beverages pursuant to that license.
For licenses issued after the effective date of this article, the original or renewal application for the Class C, D, F, or G license shall be accompanied with proof of completion of a state-certified Beverage Alcoholic Sellers and Servers Education Training Program (BASSET), for the managers of the license.
After the passage date of this article, new employees or managers of a license who are required to complete the BASSET training shall, within 90 days from the beginning of their employment with that license, complete the BASSET program and shall, until completion of the BASSET program, work under the direct supervision of a person who has completed the BASSET program. Said ninety-day period may be extended by the Commissioner upon a showing of good cause.
A photocopy of the certificate of completion of the BASSET program must be filed with the office of the Village Clerk and maintained in the manager's office on the premises of the licensee.
No license shall be issued to:
Any person who is not of good character and reputation in the community in which he resides or does business.
Any applicant who is not a resident of the State of Illinois, except that in cases of a corporate nonresident licensee, the premises must be managed by a resident of the State of Illinois. Said manager must be present on the premises at least 40 hours per week. Anything in this subsection to the contrary notwithstanding, persons or corporations holding valid liquor licenses issued by the county prior to the adoption of this article (former licenses) shall be exempted from the residency requirements of the County Liquor Control Ordinance in effect on the date of the effective date of this article shall prevail; provided, however, that the local residency requirements of this subsection shall prevail under any one or more of the following circumstances:
The former license is not renewed under the other provisions of this article.
The former license is renewed under this article but is later revoked or not renewed for cause.
A holder of the former license who renews his license under this article attempts to sell or otherwise transfers the so licensed business to a person who does not qualify under the provisions of this article including the local residency requirement.
A corporate holder of the former license attempts to transfer or suffer a transfer of controlling interest in such corporation without a resident manager as required in the first sentence of Subsection B.
A partnership holding a former license admits a new partner, suffers a dissolution of the partnership or permits a transfer of any portion of a partner's interest in the partnership to a person, corporation or firm which is not a partner as of the effective date of this article.
A person who has been convicted of a felony under any federal or state law.
An applicant who has been convicted of being the keeper of or who is keeping a house of ill fame.
An application who has been convicted of pandering or other crimes or misdemeanors opposed to decency and morality.
An applicant whose license issued under the Illinois Liquor Control Act has been revoked for cause.
An application who, at the time of application for renewal of any license issued or revoked, would not be eligible for license upon first application, except as otherwise provided in Subsection B of this section.
A partnership or joint venture, unless all of the members of such partnership or joint venture shall be qualified for a license.
A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning any shares or portions of shares of corporation stock, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the county.
A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under this Illinois Business Corporation Act to transact business in Illinois.
A person whose place of business is conducted by a manager or agent unless the manager or agent posses the same qualifications required of the licensee, and such manager shall reside within the State of Illinois, except as otherwise provided in Subsection B of this section.
A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who has forfeited his bond to appear in court to answer charges for any such violation.
A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon or other contract permitting him or her to operate a portion of the licensed premises, for the full period for which the license is to be issued.
The Village President, Clerk, members of the Board of Trustees, Police Department employees and Treasurer.
A person who is not a beneficial owner of the business to be operated by the licensee.
A person who has been convicted of a gambling offense, as prescribed by 720 ILCS 5/28-1 and 5/28-3 of the Criminal Code of 1961, approved July 28, 1961, as heretofore or hereafter amended, or as prescribed by a statute replaced by any of the aforesaid statutory provisions.
A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
A partnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period.
A corporation, if any officer, manager or director thereof, or any stockholder owning, in the aggregate, more than 20% of the stock of such corporation, has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period.
Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
Any person, firm, association or corporation not eligible for a state retained liquor license.
Any person who owns or is an employee of a manufacturer or distributor of alcoholic liquors.
Any person for whom the premises for which the license is sought has had a liquor license revoked within the one year of the date of application.
Any person or firm who has not paid the appropriate fees required by this article on the dates specified, or for failure to pay the amusement license fee for amusement devices located on the licensed premises.
A person who is legally indebted to the state or Village for payment of other fees, charges, bills or taxes which have remained unpaid for more than 60 days.
Every license shall terminate on the 30th day of June following its issuance, except Class E and Class E(1) licenses issued for a limited time.
All licenses shall be granted subject to the following regulations, and by the act of acceptance of a license to sell alcoholic liquors at retail, all licensees agree:
To operate the licensed premises in compliance with all applicable statutes and ordinances and all applicable zoning, building, fire, health, and other regulations of the village, county and state.
To see that the premises are, at all times, kept free of all persons under 21 years of age who are not escorted by a parent or legal guardian. However, this restriction does not prohibit the serving of food to persons under 21 years of age in a dining room on the premises separated from any bar for the serving of alcoholic liquors. This subsection shall not apply to holders of a Class C, F or G liquor license.
That any false or untrue statement contained in the application for license or at license hearing or any violations of the terms and conditions of the application or of any of the statutes, ordinances, rules, and regulations hereof shall be cause for revocation or suspension of the license by the Liquor Control Commissioner as is provided in the Liquor Control Act (235 ILCS 5/1-1 et seq. as amended).
Not to employ any persons under 16 years of age, nor to employ any persons under the age of 21 years for the purpose of drawing, pouring, mixing, of any alcoholic liquor. However, a person less than 21 years of age, but at least 18 years of age, may serve or deliver alcoholic liquor when in the presence of and under the direct supervision and control of an employee 21 years of age or older. A Class A, B, or F license holder may not employ a person under 21 years of age for the purpose of selling packaged liquor.
Not to employ any waitress or waiter under 18 years of age.
Not to permit the following conduct on licensed premises:
Performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other sexual act.
The actual or simulated touching, caressing or fondling of the breasts, buttocks, pubic hair, anus or genitals.
The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva or genitals.
Permitting any person to remain upon licensed premises who exposes to public view any portion of his or her breasts, buttocks, genitals, vulva, or anus.
To operate licensed premises so that assaults, fights and disorderly conduct do not occur on or about the licensed premises.
Hours and days of sale.
Persons holding Class A or B licenses may sell, permit to be sold, give away or allow to be consumed, alcoholic beverages on Sunday through Saturday (inclusive) of a particular week between the hours of 7:00 a.m. and 1:00 a.m. the following morning.
Persons holding Class C, D, E, E(1), F, or G licenses may sell, permit to be sold, give away or allow to be consumed, alcoholic beverages on Monday through Saturday (inclusive) of a particular week between the hours of 7:00 a.m. and 1:00 a.m. the following morning and on Sunday from noon (12:00 p.m.) and 1:00 a.m. the following morning.
No persons holding any class of license shall be permitted to sell, give away or allow to be consumed any alcoholic beverage between the hours of 1:00 a.m. and 7:00 a.m. on any day of a particular week.
To show evidence, satisfactory to the Commissioner, of the issuance of a policy of liquor liability insurance (dram shop) and insuring against liability for any injury or death on account of acts of negligence, omission or violating the Liquor Control Act. Said policy shall carry a minimum of $50,000 per person and $100,000 per occurrence for injury or death and $50,000 for loss of means of support. Each licensee shall furnish the Commissioner a certificate of such insurance and, in the event of cancellation, notify the Commissioner immediately of such cancellation.
To comply with any and all reasonable requests of the Liquor Commissioner.
Class A license, which shall only permit the retail sale of alcoholic liquor in the original packages only, but not for consumption on the premises where sold. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Class B license, which shall only permit the retail sale of beer and wine in original packages only, but not for consumption on the premises where sold. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Class C license, which shall authorize the retail sale by restaurants of alcoholic liquor, by the drink or pitcher, for consumption on the premises. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Class D license, which shall authorize the retail sale of alcoholic liquor, by the drink or pitcher, for consumption on the premises where sold. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Class E license, which shall authorize a twenty-four-hour permit to sell, deal and traffic in alcoholic liquor only on the premises so licensed. In addition, the fee for the Class E permit shall be as set forth in Chapter 155, Fees. Class E permits shall be available only to not-for-profit organizations registered with the State of Illinois, political organizations or for any other group or organization that, for good cause shown to the Liquor Commissioner, would qualify. An unlimited number of Class E permits may be issued, but no organization shall be granted more than three permits during the calendar year without permission from the Liquor Commissioner.
Class E(1) license, which shall authorize a twenty-four-hour permit to sell, deal and traffic in alcoholic liquor only on the premises so licensed. In addition, the fee for the Class E(1) permit shall be as set forth in Chapter 155, Fees. Class E(1) permits shall be available only to for-profit organizations registered with the State of Illinois, political organizations or for any other group or organization that, for good cause shown to the Liquor Commissioner, would qualify. An unlimited number of Class E(1) permits may be issued, but no organization shall be granted more than three permits during the calendar year without permission from the Liquor Commissioner.
Class F. A Class F license shall entitle the licensee to sell alcoholic beverages at retail, by the drink or pitcher or in the original package, by a golf course/club house, for consumption in the club house and on the golf course. The license shall only be available for premises defined as a golf course/clubhouse which has a minimum of 20 total acres. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Class G. A Class G license shall entitle the licensee to sell alcoholic liquor to registered guests of the hotel, or special invited guests attending a special event sponsored by the hotel, for consumption on the premises where sold. The license shall only be available for premises defined as a "hotel" in Chapter 320, Zoning. If the hotel has a lounge, as defined herein, it shall be unlawful for any person under 21 years of age to be present in said lounge after 9:00 p.m. or at the time when live or recorded musical entertainment (with the exception of jukeboxes) commences, whichever is earlier, and otherwise in accordance with other sections of this article. The annual fee for such license shall be as set forth in Chapter 155, Fees.
Not more than the following licenses for the following-described classes shall be issued and outstanding at any one time, which limitation shall be as follows:
The Liquor Commissioner shall keep, or cause to be kept, a complete record of all licenses issued by him under this article, and shall furnish the Village Clerk with copies thereof. Upon the issuance of any new license, or the revocation of any old license, the Commissioner shall give written notice of such action to the Clerk within 48 hours. The Liquor Commissioner shall report to the Village Board all of his acts in the enforcement of this article and, in regard to the collection of liquor license fees, the date collected and the date the fees were turned over to the Treasurer whenever such a report is requested by the Village Board.
A license issued under this article shall be purely a personal privilege and shall expire on the next June 30 following the issuance thereof and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the licensee.
Any licensee may apply for renewal of his license at the expiration thereof; provided, however, that he is then qualified as for an original application, and provided that the premises for which such renewal of license is sought is in compliance with all applicable laws. The right to file an application for renewal of a license hereunder shall not be construed to create any vested interest or right in an applicant. An application for renewal of a license hereunder shall not prevent the Village from decreasing the number of licenses which may be issued.
All fees for licenses issued under this article shall be delivered to the Liquor Control Commissioner on or before July 1 of the year for which such license is to be issued. For the period of July 2 through July 31, a license may only be renewed by payment of the original fee and a penalty of $50 per day. This penalty shall commence July 2 and accrue until the Liquor Commissioner has actual receipt of the fee, including the day of actual receipt, but in no event after July 31. Where a license application, license fee and respective penalty are not received on or before July 31, in the discretion of the Liquor Commissioner, such application for renewal may be denied. If the license application is granted, the fee shall be deposited in the general corporate fund of the Village. If the application for license is denied, the fee shall be returned to the applicant.
If the license renewal fee plus applicable penalties are not paid by July 31 of the license year, then the late payment penalty shall increase to $75 per day from August 1 to August 15. If the license renewal fee and all applicable penalties are not paid on or before August 15, then the license shall conclusively be deemed abandoned by the license holder, and the number of liquor licenses available in the class of licenses to which this abandoned license belonged shall be deemed increased by the number of abandoned licenses.
All changes in partnerships, officers, directors or persons holding, directly or beneficially, more than 5% of the stock or ownership interest or in managers of establishments licensed under this article shall be reported, in writing, to the Liquor Control Commissioner within 10 days of the change. All such personnel shall comply with all applicable requirements of this article. All such changes in personnel shall be subject to review or hearing by the Liquor Control Commissioner, in his discretion.
When a license has been issued to a partnership and a change of ownership occurs, resulting in the creation of a partnership interest in a person who is not eligible to receive a liquor license, such license is thereby terminated.
When a license has been issued to a corporation and a change takes place as to officers or directors or of shareholders holding more than 5% of the stock in the corporations, or in the manager or, if a change takes place by the transfer of shares to one who is not eligible for a license, such license shall thereby terminate.
When a license has been issued to an individual who becomes ineligible to receive a license, the license theretofore issued to such individual shall thereby terminate.
In the case of a license issued to a corporation or partnership, the transfer of more than 30% of the ownership interest of the original stockholders or original members of the partnership to a person or persons with no ownership interest in the corporation or partnership at the time of the transfer, such transfer or transfers shall constitute the basis for a new license application, and the initial license fee shall then be payable.
Any licensee who ceases to do business, for whatever reason, or who closes his place of business or has his place of business closed, for whatever reason, for a period in excess of 45 days should notify the Commissioner in writing of the same. The licensee may be required by the Liquor Commissioner, after receipt of notice of a hearing, to show cause why the license for such establishment should not be terminated.
If a licensee shall sell or dispose of his business during the period of the license, he may waive his right as a licensee in writing to the Liquor Control Commissioner. The person to whom the business is being sold may make application for a new license and deliver to the Liquor Control Commissioner with such application a check in payment of the initial license fee. However, in the case of a sale or disposition of a business by a security agreement whereby the buyer receives legal title to the premises and/or business only after complete performance of the respective sales agreement, and the buyer defaults in performance thereby enabling the secured party to retain legal title to the premises and/or business, the secured party can apply for a liquor license for the premises directly from the Commissioner without an intermediate waiver under this section. The foregoing exception shall apply only to a secured party who previously held the license and is eligible for a license under this article. Under this circumstance the secured party must establish to the satisfaction of the Liquor Commissioner that the secured party is legally entitled to repossess himself of the business and/or premises.
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military reservation or naval station, provided that this prohibition shall not apply to hotels or motels offering restaurant services, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of Ill. Rev. Stat., 1987, Ch. 43, paragraph 127, and provided that such prohibition shall not apply to renewal of a license for the sale at retail 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 the 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.
All licenses issued under this article shall be displayed in plain view in a conspicuous place within the licensed premises.
Whenever this article requires a hearing before the Liquor Control Commissioner acts affirmatively concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. Such notice shall state:
The time, place, and nature of the hearing.
A statement of the legal authority and jurisdiction under which the hearing is to be held.
A reference to the particular sections of the ordinances involved.
A statement informing the licensee of his ability to respond by presenting evidence and argument.
A hearing required under this article shall be held in accordance with the following:
A hearing shall be held at a reasonable time, date, and place.
A licensee may present evidence and argument.
The Commissioner may limit, but not prohibit, the presentation of evidence and argument.
Where a licensee has received the requisite notice under this article and fails to appear at a hearing, the Commissioner may act ex parte. The Liquor Commissioner may also have informal hearings where the liquor license will not be affirmatively acted on at such hearing.
Any decision, order, or determination rendered by the Commissioner which affects the rights, duties, or privileges of a licensee shall be in writing and shall notify the licensee personally or by registered or certified mail of the decision accordance with 235 ILCS 5/7-9.
Any entry authorized by this article onto premises licensed under this article shall be accomplished without a breach of the peace.
Compliance with any or all of the provisions of this article concerning procedure may be waived by written stipulation of all parties.
A request for a continuance of any hearing in any matter before the Commissioner will not be allowed by the Commissioner unless for good and valid reason in writing and unless made at least two days prior to the date set for hearing. Lack of or unavailability of legal counsel is not, in and of itself, good cause for a continuation.
The Commissioner may, in its discretion, grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
Any appeal taken from a decision of the Commissioner shall be reviewed on the record taken by and prepared by a certified court reporter or certified shorthand reporter in accordance with 235 ILCS 5/7-5.
Any person violating any provision of this chapter shall be fined not less than $300 nor more than $1,000 for each offense, and every day that such violation is continued shall constitute a separate and distinct offense. In addition thereto, the Liquor Control Commissioner may suspend for not more than 30 days or revoke any license issued by him if he determines that the licensee has violated any of the provisions of this article or any provision of the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.), and when a license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of selling alcoholic liquors in the premises described in such revoked license.