[Adopted 9-19-1995 by Ord. No. 3833 (Art.
V, Ch. III, Section P, of the 1993 Code)]
Any officer having probable cause that intoxicating
liquors are being kept in violation of law in any place shall search
such suspected place; and if such officer or person finds upon the
premises intoxicating liquors, he/she shall seize the same, together
with the vessels in which they are contained, and all implements and
furniture used in connection with such liquors in the illegal keeping,
bargaining, selling, exchanging, giving away or carrying the same,
and any wagon, automobile, vehicle, contrivance, thing or device used
in conveying said liquors or kept for the purpose of violating this
article and shall arrest any person or persons in charge of such place
or aiding in any manner in carrying on the business conducted in such
place.
[Amended 8-5-2008 by Ord. No. 6397]
Consumption of any alcoholic liquors, or possession
of any alcoholic liquors, except in the original container with the
seal unbroken, including beer and wine, at any time in any public
park, street, alley or public place owned, controlled or operated
by the City is prohibited, unless otherwise authorized by law.
[Added 5-4-2021 by Ord.
No. 7708[1]]
A.Â
Designation of DORA areas. During the period of May 1 through October
31 of each year, open containers of alcohol and public consumption
of alcohol by individuals 21 years of age and older shall be permitted
upon public streets, sidewalks and other public places owned, controlled
or operated by the City which are identified as designated outdoor
refreshment areas ("DORA"). The DORA boundaries designated herein
are generally described as follows:
(1)Â
The area and public right-of-way generally comprised of the Brink
Street Market development at 30-40 Brink Street, as more specifically
designated by the City of Crystal Lake by appropriate signage.
(2)Â
Such areas of Depot Park, located north of Woodstock Street, west
of Main Street, south of the UP Railroad tracks, and east of the train
depot egress road, as may be designated by the City of Crystal Lake
by appropriate signage.
(3)Â
The public right-of-way area generally located at the intersection
of North Main Street and Short Street, south of 101 N. Main Street,
and north of the UP Railroad tracks, as more specifically designated
by the City of Crystal Lake by appropriate signage
(4)Â
Such other areas as may be designated by the City Council by ordinance
duly adopted.
B.Â
Businesses located within the Downtown District, the definition of
and the boundaries of which are more fully described in Section A-1300,
Downtown District, of the City's Unified Development Ordinance, holding
a current liquor license allowing for the sale of alcoholic liquors
for on-premises consumption and which are registered with the City
in accordance with this subsection (each a "registered business")
may sell alcoholic beverages permitted by such liquor license to patrons
for consumption within a designated DORA location. In order to register,
a business must: i) submit a written application to the City to register
for the DORA program, which application shall be in the form prescribed
by the City; ii) hold a current, valid City of Crystal Lake liquor
license that authorizes retail sales of alcoholic beverages for on-premises
consumption at the registered business premises; and iii) execute
a DORA program participation agreement in a form prescribed by the
City, which shall, at a minimum, provide that the registered business
agrees to:
(1)Â
Obtain City-issued DORA wristbands.
(2)Â
Distribute the City-issued DORA wristbands without charge to individuals 21 years of age and older who wish to purchase alcoholic beverages from the registered business for the purpose of consuming such alcoholic beverages within a designated DORA location, but only after the purchaser's age is verified by an employee of the registered business who is qualified to sell, serve, and dispense alcoholic beverages in accordance with Chapter 329 of this Code.
(3)Â
Only sell and/or serve alcoholic liquor for consumption in DORA locations
to persons 21 years of age or older who are wearing a City-issued
DORA wristband and only in the original package or in such containers
which have been sealed and/or labeled in a manner which is in compliance
with the requirements of the Illinois Liquor Control Act.[2]
[2]
Editor's Note: see 235 ILCS 5/1-1 et seq.
(4)Â
At all times while participating in the DORA program, maintain all insurance required for liquor licenses under Chapter 329 of this Code and name the City as an additional insured on the registered business's dram shop liability and general commercial liability insurance policies.
(5)Â
Indemnify and hold harmless the City for all claims or damages relating
to the registered business's participation in the DORA program.
(6)Â
Strictly comply with this chapter, all DORA program rules and regulations
established by the City and all other applicable local, state, and
federal statutes, ordinances, regulations, and permit requirements,
including all requirements and conditions of the registered business's
state liquor license.
C.Â
Public possession of open containers and consumption of alcoholic
beverages within DORA shall be limited to individuals wearing a City-issued
DORA wristband, provided that such beverages were purchased from a
registered business premises. Open containers of alcohol may not be
carried into or out of the DORA boundaries.
D.Â
No DORA shall be available for possession of open containers of alcoholic
beverages or for the consumption of alcoholic beverages past 11:00
p.m. each evening and shall remain closed for such purposes until
such time on the following day that authorized sales of alcoholic
liquor may begin pursuant to liquor licenses held by any registered
business.
