[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993 as amended 5-5-1998 by Ord. No. 5045 (Art. IV, Ch. I, Section I, of the 1993 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 158.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOL
The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the original thereof and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR
Includes alcohol spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 1/2 of 1%, or less, of alcohol by volume.
BAR
A business establishment, holding a liquor license issued pursuant to Chapter 329 of this Code, in which the principal business is the sale of alcoholic liquors for consumption on the premises and may include the incidental sale of food for consumption on the premises.
[Added 10-6-2020 by Ord. No. 7655]
BOWLING ALLEY
Any establishment or building, or part of an establishment or building, as the case may be, wherein the game of bowling, played with composition balls and 10 wooden pins, is played.
CATERED EVENT
A dinner, banquet, party or other similar event at which food service and alcoholic liquor are provided for consumption on the premises by a catering business.
[Added 6-2-2015 by Ord. No. 7134]
CATERING BUSINESS
A business which provides food service and serves alcoholic liquor at locations not owned or leased by the catering business for consumption at such location.
[Added 6-2-2015 by Ord. No. 7134]
CITY
The City of Crystal Lake, an Illinois municipal corporation.
CLUB
A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors which conforms to the definition of a club, as provided by 235 ILCS 5/1-3.24, commonly known as "Liquor Control Act," as amended.
COUNTRY CLUB
A recreational area with buildings or structures used in conjunction therewith for the primary use of members and their guests, as the case may be, all of which is established for recreational and entertainment purposes and used in conjunction with recreational pursuits or games, e.g., golf, tennis, etc.
GOLF COURSE
A recreational area with or without clubhouse facilities primarily for the use of members and their guests or the general public, as the case may be, engaging in a form of recreation or game commonly known as "golf."
HOTEL, MOTEL, MOTOR LODGE, MOTOR INN, MOTOR HOTEL
Every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 10 or more rooms are used for sleeping accommodations and dining rooms being conducted in the same building and such building structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.
MANAGER
A person designated by the licensee who is directly in control of the day-to-day operations of the business operated upon the licensed premises. The manager shall be authorized by the licensee to accept service of all notices, including but not limited to notices of violation and notices of hearing.
[Added 10-6-2020 by Ord. No. 7655]
MINOR
For purposes of this chapter and unless otherwise provided in this chapter, persons under the age of 21.
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.
PREMISES
Except as otherwise provided in this chapter, "premises" shall mean the interior of the building or structure within or upon which the licensee is licensed to conduct their business.
[Added 10-6-2020 by Ord. No. 7655]
RESTAURANT
A. 
RESTAURANT TYPE AA restaurant where 95% of the product that is sold will be consumed within the confines of the restaurant.
B. 
RESTAURANT TYPE BA restaurant facility where the product is served in cafeteria-line style in disposable containers, which product could be taken out or eaten at tables or counters. This restaurant facility provides no table service by employees of the restaurant.
C. 
Sealing and removal of open wine bottles from a restaurant. Notwithstanding any other provision of this Code, a restaurant licensed to sell alcoholic liquor in this City may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premises consumption, provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subsection shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time-use tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this subsection and not tampered with shall not be deemed an unsealed container for the purposes of Section 11-502 of the Illinois Vehicle Code (625 ILCS 5/11-502).
[Added 2-6-2007 by Ord. No. 6159]
RETAIL SALE
The sale for use or consumption and not for resale.
SALE
Any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SPORTS FACILITY
Any building or site that has as its principal purpose the operation of a facility for participatory sporting events.
[Added 10-6-2020 by Ord. No. 7655]
TO SELL
Includes to keep or expose for sale and to keep with intent to sell.
WATER SPORTS FACILITY
A recreation area where patrons participate in an activity directly on a body of water owned by the City of Crystal Lake, including swimming, water skiing, wakeboarding, or other similar activity.
[Added 3-15-2016 by Ord. No. 7206]
[Amended 2-4-2025 by Ord. No. 8104]
A. 
It shall be unlawful to sell or offer for sale at retail in the City of Crystal Lake any alcoholic liquor unless the person selling or offering for sale has a valid current liquor license in accordance with the provisions of this chapter, or in the event the person has a valid current license in effect and is in violation of the terms of such license.
B. 
Notwithstanding any other provisions of this chapter, after issuance of a liquor license pursuant to this chapter, the continued possession of a valid liquor license issued by the Illinois Liquor Control Commission shall be an ongoing condition precedent to maintaining a City liquor license. The licensee must, at all times, keep on file with the Liquor Commissioner a copy of the then current liquor license issued by the Illinois Liquor Control Commission. Should, at any time, a liquor license issued by the Illinois Liquor Control Commission expire or be suspended, revoked or terminated in any manner whatsoever, the licensee's City liquor license should also be immediately suspended. It shall be a violation of this chapter for any liquor license holder to fail to inform the City Liquor Commissioner of any suspension, revocation, termination or other adverse action taken with respect to the license issued by the Illinois Liquor Control Commission.
[Amended 12-16-2008 by Ord. No. 6438; 3-3-2009 by Ord. No. 6448; 4-5-2016 by Ord. No. 7209; 10-6-2020 by Ord. No. 7655; 11-17-2020 by Ord. No. 7667; 4-20-2021 by Ord. No. 7699; 4-5-2022 by Ord. No. 7797; 2-20-2024 by Ord. No. 8002; 2-4-2025 by Ord. No. 8104]
A. 
Applications for such licenses shall be made to the Local Liquor Commissioner in writing, signed by the applicant, or corporation, verified by oath or affidavit. The verification under oath or affidavit may be satisfied by certification in substantial conformity with the form of certification set forth in Section 1-109 of the Illinois Code of Civil Procedure[1] as approved by the Liquor Commissioner. The application shall contain the following information and statements:
(1) 
The name, age and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit, limited-liability company or limited-liability partnership, or a club, the date of incorporation or formation, the objects for which it was organized, the names and addresses of the officers, managers, and/or directors, and any shareholder and/or LLC member holding a 5% or greater ownership interest in such entity.
(2) 
The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization.
(3) 
The character of business of the applicant; and in case of a corporation, the objects for which it was formed.
(4) 
The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
(5) 
The location and description of the premises or place of business which is to be operated under such license.
(6) 
A statement whether the applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application.
(7) 
A statement as to whether the applicant has ever been convicted of a felony or is disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state or the ordinances of this City.
(8) 
Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.
(9) 
A statement that the applicant will not allow gambling devices or gambling on the premises, except as may be specifically authorized in accordance the provisions of § 268-3 of this Code.
(10) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States or any ordinance of the City in the conduct of his/her place of business.
(11) 
The name, age, address and telephone number of a manager, as defined in this chapter, who will be in direct day-to-day control of the establishment for which the license is sought along with a statement executed by the applicant authorizing such manager to accept, on behalf of the applicant, all notices, including but not limited to notices of violations or notices of hearing. In the event that a license is issued to the applicant, the applicant shall be responsible to promptly update the City with the current name, address and telephone number of such manager and any future change of manager. Designation of the manager as a person upon whom notices may be served does not, in any manner, limit the authority of the City and/or the Liquor Commissioner to serve notices upon any other person or company who may otherwise be authorized by law to be served with legal notices on behalf of a licensee.
(12) 
When any application submitted is seeking a license in a classification which allows for the sale and consumption of alcoholic liquor in an open unroofed area and the applicant requests that a portion of the open unroofed area include public property, the applicant shall submit a site plan, subject to the approval of the Liquor Commissioner, which accurately depicts the portion of the proposed area to be located upon such public property, including the location of the alcoholic service and consumption area as well as the location of all tables and chairs.
[1]
Editor's Note: See 735 ILCS 5/1-109.
B. 
For the purposes of this ordinance,[2] all liquor license holders must comply with the provisions of the Illinois Liquor Control Act of 1934 (235 ILCS 5/1 et seq.), including but not limited to the provisions of 235 ILCS 5/6-27.1 with respect to certification of individuals for completion of training by a licensed Beverage Alcohol Sellers and Servers Education and Training (BASSET) provider and shall comply with each of the following:
(1) 
Each licensee shall at all times have available for inspection by the City on the licensed premises a copy of the current certification of completion of BASSET training, issued by a BASSET training provider licensed by the Illinois Liquor Control Commission, to all servers at the licensed premises as well as all managers and persons checking identification at the licensed establishment.
(2) 
Except as otherwise provided herein, no licensee, manager or other employee of an establishment covered under the provisions of this chapter shall serve, vend or check identification unless such licensee, manager or other employee possesses a current certification of completion of BASSET training from a BASSET training provider licensed by the Illinois Liquor Control Commission.
(3) 
Employees hired by licensed establishments after passage of this ordinance[3] shall obtain BASSET certification issued by a BASSET training provider, licensed by the Illinois Liquor Control Commission, within 90 days of beginning such employment, and until certified, shall not serve, vend or check identification for alcoholic beverages except under the supervision of a BASSET certified manager or employee of the licensed establishment.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted 10-6-2020.
(4) 
The requirements of this § 329-3B shall not apply to a special event for which a Class 16, 19 or 20 liquor license that has been issued.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted 10-6-2020.
C. 
A fee of $300, to cover administrative costs, shall be paid for the initial application or change in classification for a liquor license, or upon any change in ownership or interest of any corporation, partnership, limited-liability company or other entity holding a liquor license which would result in a change of ownership interest of 5% or more of the entity's ownership. There shall be imposed a fine as set forth in Chapter 248, Fines, for failure to report the change of a manager or the internal change of ownership within 30 days. Application fees are in addition to the annual license fee.
D. 
Background checks shall be made for all persons required by this chapter to be listed on the application for license. For the purposes of this ordinance,[4] all liquor license holders must comply with the following procedures for obtaining the necessary background investigations. All new applicants must submit federal and state background investigations for all listed owners and managers. In the event of a change to the listed owners and/or managers, background checks shall be required for all such newly designated individuals.
(1) 
For applicants residing within the corporate limits of the City of Crystal Lake, a fee of $50, payable to the City of Crystal Lake, shall be made, per applicant. The applicant shall contact the Crystal Lake Police Department to complete their background investigation.
(2) 
For applicants living in the State of Illinois, but outside the corporate limits of the City of Crystal Lake, the applicant is required to apply for a background check at an Illinois State Police approved LiveScan vendor. All fees for such background check shall be paid directly to the vendor that performs the background check.
(3) 
For applicants living outside of the State of Illinois, applicants must comply with Illinois State Police requirements for background investigations. All fees will be paid directly to the agency providing the background investigation.
[4]
Editor's Note: "This ordinance" refers to Ord. No. 7655, adopted 10-6-2020.
E. 
The annual license fee and any applicable supplemental license fees, for the first licensed year, as set forth in this chapter, shall be prorated from the month of issuance to the last month of the first license year. The prorated amount for the applicable license fee and/or supplemental license fee for the first licensed year shall be paid, in full, at the time of issuance of such license. All persons making application for a license renewal, including the renewal of a supplemental license, shall either pay the balance in full at the time of such renewal, or may elect to pay 1/2 of the fees due at the time of renewal of such license or supplemental license and the balance of such fee by not later than December 1 of the year in which the license or supplemental license is renewed. Failure to pay the license fee or any portion thereof shall result in the immediate revocation of the license. All persons requesting a Class 16, 19, or 20 license shall be required to pay the full amount of the license fee at the time of application. In the event an application is not accepted, the license fee shall be refunded.[5]
[5]
Editor's Note: Former Subsection F, which provided for reduced liquor license fees during the COVID-19 pandemic, added 11-17-2020 by Ord. No. 7667, as amended 4-20-2021 by Ord. No. 7699, which immediately followed this subsection, was repealed effective 6-1-2022.
[Amended 7-10-1995 by Ord. No. 3809; 4-5-2016 by Ord. No. 7209; 10-6-2020 by Ord. No. 7655]
No such license shall be issued to:
A. 
An applicant who is not a resident of the City (applicable only to sole proprietorships).
B. 
An applicant who is not of good character and reputation in the City.
C. 
A person who is not a citizen of the United States and who is unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person's presence in the United States.
D. 
An applicant who has been convicted of a felony under any state or federal law, unless the Liquor Commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in the applicant's application and the Liquor Commissioner's investigation. The burden of proof of sufficient rehabilitation is on the applicant.
[Amended 2-20-2024 by Ord. No. 8002]
E. 
An applicant who has been convicted of being the keeper or is keeping a house of ill fame.
F. 
An applicant who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
G. 
An applicant whose license issued under this chapter has been revoked for cause.
H. 
An applicant who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.
I. 
A partnership, unless all of the members of such partnership shall be qualified to obtain a license hereunder except for the requirement of residence within the political subdivision, except that at least one partner of a partnership shall be a resident of the City.
J. 
A corporation, limited-liability corporation (LLC), limited-liability partnership (LLP) if any partner, officer, manager, member or director thereof, or any stockholder or stockholders holding in the aggregate more than a 5% ownership interest in such entity would not be eligible to receive a license hereunder for any reason other than residence within the City.
K. 
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[1] or the Limited Liability Company Act[2] to transact business in Illinois and has designated a registered agent within the State of Illinois to accept process and notices on the corporation or limited-liability company's behalf.
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
[2]
Editor's Note: See 805 ILCS 180/1-1 et seq.
L. 
An applicant whose place of business is conducted by a manager, unless said manager possesses the same qualifications required of the licensee, except those related to residency.
M. 
An applicant who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this chapter, or shall have forfeited his/her bond to appear in court to answer charges for any such violation.
N. 
An applicant who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.
O. 
Any law enforcing public official, any City Manager, any Mayor, or member of the City Council or Liquor Commissioner or any president or member of a county board, and no such persons shall have a direct interest in the manufacture for sale, sale or distribution of alcoholic liquor.
P. 
Any person, association, or corporation not eligible for a state retail liquor dealer's license.
Q. 
An applicant who is not a beneficiary owner of the business to be operated by the licensee.
R. 
An applicant who has been convicted of a gambling offense as prescribed by any part of Subsection (a)(3) through (a)(10) of 720 ILCS 5/28-1 or as prescribed by 720 ILCS 5/28-3, as heretofore or hereafter amended, or as prescribed by a statute replaced by any of the aforesaid statutory provisions.
S. 
An individual applicant, corporation, limited-liability corporation or limited-liability partnership, including any officer, manager, director, partner, or owner thereof to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, except that this prohibition shall not apply to any such stamps applicable to such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
T. 
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 except that this prohibition shall not apply to any such stamps applicable to such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
U. 
A person who does not have an established place of business in which to use the license.
V. 
Any business which features topless or bottomless dancers, strippers or similar entertainers or other employees where nude or seminude dancing or other displays are performed or employed.
There shall be 30 classes of licenses:
A. 
Class 1 license shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00 noon on Sunday and 1:00 a.m. on Monday. A Class A restaurant may be located on the premises. The license shall also authorize the retail sale of alcoholic liquor in the original package by the license holder at wine-tasting events that are held within the City. The annual fee for such license shall be the sum of $1,350.
[Amended 5-15-2012 by Ord. No. 6786]
B. 
Class 2 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and noon on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,150.
C. 
Class 3 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,475.
D. 
Class 4 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,750.
[Amended 4-18-2006 by Ord. No. 6059]
E. 
Class 5 license shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purpose of this license,premises shall include not only the interior of any building or structure but also: 1) any open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed; and 2) any noncontiguous open unroofed area of the property on which the licensed premises is situated, but only to the extent that a special event permit has been issued pursuant to Chapter 453 of the City Code which allows the sale and consumption of alcoholic liquor upon such noncontiguous open unroofed area.
[Amended 7-19-2022 by Ord. No. 7827]
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed areas shall be particularly described by the license holder and approved by the Liquor Commissioner and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed areas shall be no greater than 100% of the other floor space of the licensed premises or such greater area as may be approved by the Liquor Commissioner.
(c) 
The open unroofed areas shall have a maximum capacity as defined by the Liquor Commissioner that shall be separately posted at the entrance to the open unroofed area.
(d) 
Any part of the open unroofed areas not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner, which fence or other barrier shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes, except as may be expressly approved by the Liquor Commissioner, subject to such conditions as the Liquor Commissioner may deem necessary to ensure that sales and consumption can be conducted in a safe manner and to minimize any impact upon such residentially zoned properties.
(j) 
Alcoholic liquor in the original package which is not intended for consumption upon the licensed premises shall not be sold within any open unroofed area.
(2) 
The fee for such license shall be the sum of $1,950.
F. 
Class 6 licenses.[1]
[Added 3-15-2016 by Ord. No. 7206]
(1) 
Class 6 licenses shall authorize the retail sale of alcoholic liquor, only on the premises of an outdoor water sports facility on City-owned property as specified in the license, and only for consumption on such premises between the hours of 11:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 11:00 a.m. and 11:00 p.m., Friday through Saturday. A Class A or Class B type of restaurant may be located on the premises. Alcoholic liquor may only be served to patrons or guests of the licensed premises from a bar which is permanently constructed. For purposes of this license, premises shall include an open unroofed area which is surrounded by a fence or other barrier approved by the Liquor Commissioner which encloses the premises and which contains the required number of fire exits. Such fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners. All applications for a Class 6 license must be accompanied by a plan which depicts the location of the fence or other barrier as well as the location of any permanently installed bars from which alcoholic liquor will be served. Alcoholic liquor may only be served to patrons or guests at the bars depicted in such plans or by wait staff employed at the premises who deliver the alcoholic beverages to such patrons or guests. All exits from the premises shall at all time when patrons or guests are present on the premises be under the direct supervision of employees or agents of the licensee who shall be able to monitor patrons or guests of the outdoor water sports facility to ensure that alcoholic beverages are not removed from the premises. Any person served or consuming alcoholic beverages on the premises shall have his/her hand stamped with a waterproof stamp bearing the date on which the alcoholic beverage was served. Any person engaging in any water sport at the premises shall be required to wear a wristband which must be cut in order to be removed. Any person with an intact wrist band shall not be served an alcoholic beverage. Any person served or consuming alcoholic beverages upon the premises shall be prohibited from engaging in any water-based activity at the outdoor water sports facility on the date that such person was served or consumed alcoholic beverages upon the premises.
(2) 
In addition to the above requirements, any unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and depicted in plans to be submitted and subject to the review and approval of the Liquor Commission. All such open unroofed areas shall further be subject to the licensee having first obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner, which shall be separately posted at the entrance to the open unroofed area.
(c) 
All electrical wiring shall comply with the codes of the City.
(d) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(e) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(f) 
The license holder shall be responsible for preventing violations of this chapter.
(g) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes.
(3) 
The annual fee for such license shall be $1,250.00.
[1]
Editor's Note: Former § 4.87-6, Class 6 license, was deleted 4-18-2006 by Ord. No. 6059.
G. 
Class 7 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and noon on Sunday and 1:00 a.m. on Monday. The license shall also authorize the retail sale of alcoholic liquor in the original package by the license holder at wine-tasting events that are held within the City. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
[Amended 5-4-2021 by Ord. No. 7704]
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 100% of the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner which shall be separately posted at the entrance to the open unroofed area.
(d) 
When the open unroofed area is located on private property, any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
[Amended 4-5-2022 by Ord. No. 7797]
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes, except as may be approved by the Liquor Commissioner, subject to such conditions as the Liquor Commissioner may deem necessary to ensure that sales and consumption can be conducted in a safe manner and to minimize any impact upon such residentially zoned properties.
(2) 
The annual fee for such license shall be the sum of $1,700.
H. 
Class 8 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 1/2 the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner which shall be separately posted at the entrance to the open unroofed area.
(d) 
Any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes.
(2) 
The annual fee for such license shall be the sum of $1,500.
I. 
Class 9 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 1/2 the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner which shall be separately posted at the entrance to the open unroofed area.
(d) 
Any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes.
(2) 
The annual fee for such license shall be the sum of $1,825.
J. 
Class 10 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the Ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 1/2 the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner which shall be separately posted at the entrance to the open unroofed area.
(d) 
Any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes.
(2) 
The annual fee for such license shall be the sum of $1,625.
K. 
Class 11 license which shall authorize the retail sale of alcoholic liquor for consumption on the premises specified in the license where sold as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00 noon on Sunday and 1:00 a.m. on Monday, and shall be issued to a regularly organized club, as hereinbefore defined, which has been established for at least 10 years prior to making application for such license, and said license shall authorize the licensee to sell alcoholic liquor in the club quarters. This license also permits the retail sale of alcoholic liquor from a beverage cart or refreshment stand on the grounds of the golf club or country club or at a patio adjacent to the clubhouse/restaurant. No Class 11 license shall be issued until the Local Liquor Control Commission and the Mayor and City Council have satisfied themselves that the club applying for the license was actually and in fact organized for some purposes or object other than the sale or consumption of alcoholic liquor. The annual license fee for a club license as hereinbefore set forth shall be in the sum of $800.
[Amended 2-17-2009 by Ord. No. 6444; 11-15-2016 by Ord. No. 7312]
L. 
Class 12 license which shall authorize the retail sale of alcoholic liquor for consumption only on the premises specified in the license where sold. The license shall be issued to a special occasion facility organized for the purposes of providing banquets, wedding and other receptions, meetings, parties or other special events upon a contractual engagement. The special occasion facility may also hold events which are open to the general public. No Class 12 license shall be issued until the Local Liquor Control Commission and the Mayor and City Council have established the hours for operation of the Class 12 license. No Class 12 license shall be open for business except during the hours established by this chapter; provided, however, that the Mayor and City Council may in their discretion extend said hours upon request. The annual license fee for a special occasion facility as hereinbefore set forth shall be in the sum of $750.
[Amended 11-15-2016 by Ord. No. 7316]
M. 
Class 13 license which shall authorize the sale of alcoholic liquors on the premises specified in the license in packages only but not for consumption on the premises where sold between the hours of 7:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday, Friday and 7:00 a.m. Saturday and 2:00 am. Sunday and 7:00 a.m. Sunday and 2:00 a.m. Monday. A Class B type restaurant may be located on the premises. The annual fee for such a license shall be $625.
[Amended 2-3-2004 by Ord. No. 5744]
N. 
Class 14 license which shall authorize the retail sale of beer and wine for consumption only on the premises specified in the license where sold between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and noon on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such a license shall be $1,000.
O. 
Class 15 license which shall authorize the retail sale of beer and wine in packages only but not for consumption on the premises where sold between the hours of 7:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday, Friday and 7:00 a.m. Saturday and 2:00 am. Sunday and 7:00 a.m. Sunday and 2:00 a.m. Monday. A Class B type restaurant may be located on the premises. Food for consumption on the premises or which can be taken out shall not be sold by any Class 15 license holder. The annual fee for such a license shall be $500.
[Amended 2-3-2004 by Ord. No. 5744]
P. 
Class 16 license which shall authorize the retail sale of beer and wine for consumption upon the premises specified in the license where sold. The license shall be issued to not-for-profit corporations qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation requesting the license. No Class 16 license shall be issued until the local Liquor Control Commission and the Mayor and City Council have established a) the location upon the premises where beer and wine is to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter, c) the manner in which the licensee will manage crowd control which shall include, but not be limited to, a requirement that all patrons be required to wear a nontransferable, one use only, disposable wristband identifying them as patrons of the beer and wine area that is subject to the license, and refuse pickup; d) proof of insurance as required by this chapter or the laws of the State of Illinois; e) a list of members of the corporation who will be selling beer and wine at the location pursuant to the license; f) proof of permission from the owner of the premises authorizing the sale of beer and wine during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commission deem appropriate in the case of each particular permit. The license fee for each Class 16 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
Q. 
Class 17 license which shall authorize the retail sale for consumption only on the premises specified in the license where sold and shall be issued to a congregate care facility within an independent congregate living complex within a private retirement community. A separate license shall be issued for each phase of the congregate living complex, provided that once a license is issued for a particular phase of a congregate living complex, the license may be expanded on a phase-by-phase basis upon the filing of a separate application defining the area to be added to the license issued to the prior phases of the complex. The determination of the number of licenses required for each complex shall be determined by the individual plans submitted to and approved by the City for the development. The annual fee for such license shall be $1,850 for each phase of the congregate living complex. No Class 17 license shall be open for business except during the hours established by this chapter; provided, however, that the Mayor and City Council may in their discretion extend said hours upon request.
R. 
Class 18 license which shall authorize the retail sale of alcoholic liquor for consumption on those portions of the premises of a sports facility approved by the Mayor and City Council as well as the retail sale of alcoholic liquor in the original package. The Mayor and City Council shall establish the closing for each portion of the sports facility for which a Class 18 license is issued. In taking into account the establishment of the closing hours, the Mayor and City Council will consider those times during which minors will be present in each portion of the sports facility covered by the Class 18 license. A Class A or Class B type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,250.
S. 
Class 19 License which shall authorize the retail sale of beer, wine and alcoholic liquor drinks for consumption upon the premises specified in the license where sold. The license shall be issued to not-for-profit corporations, including municipal corporations, qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation requesting the license. No Class 19 license shall be issued until the local Liquor Control Commission and the Mayor and City Council have established a) the location upon the premises where the beer, wine and alcoholic liquor drinks are to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter; c) the manner in which the licensee will manage crowd control which shall include, but not be limited to, a requirement that all patrons of the premises where the beer, wine and alcoholic liquor drinks are to be sold be required to wear a nontransferable, one use only, disposable wristband or other means of identification identifying them as patrons of the area that is subject to the license, and refuse pickup; d) proof of insurance as required by this chapter or the laws of the State of Illinois; e) a list of members of the corporation who will be selling beer, wine and alcoholic liquor drinks at the location pursuant to the license; f) proof of permission from the owner of the premises authorizing the sale of beer, wine and alcoholic liquor drinks during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commission deem appropriate in the case of each particular permit. The license fee for each Class 19 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Amended 6-1-1999; 6-15-2004 by Ord. No. 5798]
T. 
Class 20 license which shall authorize the retail sale of alcoholic liquor on the premises in packages only but not for consumption on the premises specified in the license where sold. The license shall be issued to not-for-profit corporations or organizations qualified to do business in the State of Illinois. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the not-for-profit corporation or organization requesting the license. No Class 20 license shall be issued until the local Liquor Control Commissioner and the Mayor and City Council have established: a) the location upon the premises where alcoholic liquor is to be sold; b) the hours of operation which shall not be extended beyond those provided in § 329-3 of this chapter; c) proof of insurance as required by this chapter or the laws of the State of Illinois; d) a list of members of the corporation who will be selling alcoholic liquor at the location pursuant to the license; e) proof of permission from the owner of the premises authorizing the sale of alcoholic liquor during the time requested in the permit and such other requirements as the Mayor and City Council or Liquor Control Commissioner deem appropriate in the case of each particular permit. The license fee for each Class 20 license permit as hereinbefore set forth shall be the sum of $20. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Added 10-17-2000 by Ord. No. 5341; amended 11-3-2020 by Ord. No. 7661; 1-5-2021 by Ord. No. 7689]
U. 
Class 21 license which shall authorize the retail sale of alcohol for consumption on the licensed premises where the major and primary business is that of a cultural/performing arts facility as defined herein, subject to the following conditions:
[Added 7-17-2001 by Ord. No. 5435; amended 12-16-2008 by Ord. No. 6438; 4-5-2022 by Ord. No. 7794]
(1) 
Sale of alcohol shall be limited to regularly scheduled art shows, exhibits, theatrical, musical or live performances, contracted rentals that are not open to the general public and during such other events which may be authorized to take place pursuant to a special use permit granted by the Mayor and City Council or special event permit issued in accordance with Chapter 453 of the City Code.
(2) 
The facility may not be promoted as a drinking establishment. Sale of alcohol shall not be allowed except as permitted pursuant to the terms of this classification.
(3) 
To the extent that events or activities at which the sale and consumption of alcohol are authorized pursuant to this classification are to take place upon any open and unroofed areas of the property on which the licensed premises are located, the licensed premises shall include not only the interior of any building but also such open and unroofed areas upon which alcoholic beverages are sold or consumed, provided that such open and unroofed areas conform to the following:
(a) 
The open unroofed areas shall be particularly described by the license holder and approved by the Liquor Commissioner and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
Any part of the open unroofed areas not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(c) 
All electrical wiring shall comply with the codes of the City.
(d) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(e) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.[2]
[2]
Editor's Note: See Ch. 358, Noise.
(f) 
The license holder shall be responsible for preventing violations of this chapter.
(4) 
The fee for such license shall be the sum of $500 effective January 1, 2009.
V. 
Class 22 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00 p.m. on Sunday and 1:00 a.m. on Monday. The Mayor and City Council may authorize the license holder to be open at 10:00 a.m. on Sunday upon the license holder submitting a list of the dates that it requests the earlier Sunday opening hours to the Mayor and City Council for approval. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
[Added 9-2-2003 by Ord. No. 5695; amended 3-19-2013 by Ord. No. 6915]
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 1/2 the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner which shall be separately posted at the entrance to the open unroofed area.
(d) 
Except as provided by Subsection V(2) of this section, any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes.
(2) 
The retail sale, on the premises specified, of alcoholic liquor for consumption on the premises may include the retail sale and consumption of alcoholic liquor within a tent erected adjacent to the premises specified, subject to the following conditions:
(a) 
Such sale and consumption within a tent shall only be permitted two times during any calendar year over not more than three consecutive days per event and only during the hours specified for retail sale of alcoholic liquor pursuant to this license.
[Amended 8-17-2021 by Ord. No. 7733]
(b) 
Such sale and consumption shall only be allowed pursuant to application made to and approved by the Liquor Commissioner.
(c) 
Any application made pursuant to this subsection shall be made to the Liquor Commissioner not less than 90 days prior to the date requested for the tent sale.
(d) 
All of the conditions applicable to the retail sale and consumption of alcoholic liquor pursuant to Subsection V(1)(a) through (c) and (1)(e) through (1)(i) of this section shall be applicable to the retail sale and consumption of alcoholic liquor pursuant to this Subsection V(2).
(e) 
The Liquor Commissioner may impose such reasonable conditions and restrictions upon retail sales and consumption of alcoholic liquor within a tent as may be deemed necessary by the Liquor Commissioner to assure that such sale and consumption can be conducted in a safe manner without posing any material risk to patrons of the licensed premises or others. Such conditions may include mandating a minimum number of BASSETT-trained personnel to secure the perimeter of the tent and assure that no patron of the premises attempts to leave the premises while holding open alcoholic liquor.
(f) 
The applicant must provide proof of ownership of the property on which the tent will be located or provide documentation confirming the ability to utilize the property for the tent event.
(3) 
The annual fee for such license shall be the sum of $1,825.[3]
[3]
Editor's Note: Former Subsection V(4), regarding payment of the license fee, which immediately followed this subsection, was repealed 10-6-2020 by Ord. No. 7655.
W. 
Class 23 license which shall authorize the sale of alcoholic liquors on the premises specified in the license in packages only but not for consumption on the premises where sold between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. and 11:00 p.m. Friday and Saturday. A Class B type restaurant may be located on the premises. The annual fee for such a license shall be $625.
[Added 4-3-2007 by Ord. No. 6186]
X. 
Class 24 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises, as well as the retail sale of alcoholic liquors in the original retail package, between the hours of 7:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday: 7:00 a.m. and 2:00 a.m. Friday and Saturday; and 7:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
[Added 6-19-2007 by Ord. No. 6222; amended 8-21-2007 by Ord. No. 6242; 4-5-2022 by Ord. No. 7797]
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 100% of the other floor space of the licensed premises.
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner, which shall be separately posted at the entrance to the open unroofed area.
(d) 
When the open unroofed area is located on private property, any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner, which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.[4]
[4]
Editor's Note: See Ch. 358, Noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes, except as may be approved by the Liquor Commissioner, subject to such conditions as the Liquor Commissioner may deem necessary to ensure that sales and consumption can be conducted in a safe manner and to minimize any impact upon such residentially zoned properties.
(2) 
The annual fee for such license shall be the sum of $1,950.
Y. 
Class 25 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 7:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 7:00 a.m. and 2:00 a.m. Friday and Saturday; and 7:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,350.
[Added 5-15-2007 by Ord. No. 6202]
Z. 
Class 26 license which shall authorize any person having been licensed as a manufacturer to receive one license for the premises in which he or she actually conducts such business only for the retail sale of beer, as well as the retail sale of beer in the original retail package, manufactured at such premises and only on such premises specified, between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday and Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00 noon and 1:00 a.m. Monday. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open unroofed area immediately contiguous to the building or structure where beer is served or consumed.
[Added 12-17-2013 by Ord. No. 6977]
(1) 
Any open unroofed area in which beer is served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell beer on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall be no greater than 100% of the interior floor space.
[Amended 4-19-2022 by Ord. No. 7808]
(c) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner, which shall be separately posted at the entrance to the open unroofed area.
(d) 
Any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(e) 
All electrical wiring shall comply with the codes of the City.
(f) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(g) 
The noise emanating from any open unroofed area where beer is served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.[5]
[5]
Editor's Note: See Ch. 358, Noise.
(h) 
The license holder shall be responsible for preventing violations of this chapter.
(i) 
The open unroofed area shall close by 10:00 p.m. Sunday to Thursday and 11:00 p.m. Friday and Saturday.
[Amended 4-19-2022 by Ord. No. 7808]
(j) 
No license shall be issued until the Liquor Control Commissioner of the City of Crystal Lake is satisfied that the applicant manufacturer has obtained all federal and State of Illinois licenses required for the manufacture of beer.
(2) 
The annual fee for such a license is $1,150.
(3) 
The retail sale, on the premises specified, of alcoholic liquor for consumption on the premises may include the retail sale and consumption of alcoholic liquor within a tent erected adjacent to the premises specified, subject to the following conditions:
[Added 8-2-2022 by Ord. No. 7846]
(a) 
Such sale and consumption within a tent shall only be permitted two times during an calendar year over not more than three consecutive days per event and only during the hours specified for retail sale of alcoholic liquor pursuant to this license.
(b) 
Such sale and consumption shall only be allowed pursuant to application made to and approved by the Liquor Commissioner.
(c) 
Any application made pursuant to this subsection shall be made to the Liquor Commissioner not less than 90 days prior to the date requested for the tent sale, except as may otherwise be authorized by the Liquor Commissioner.
(d) 
All of the conditions applicable to the retail sale and consumption of alcoholic liquor pursuant to Subsection Z(1)(a) through (c) and Z(1)(e) through (i) of this section shall be applicable to the retail sale and consumption of alcoholic liquor pursuant to this Subsection Z(3).
(e) 
The Liquor Commissioner may impose such reasonable conditions and restrictions upon retail sales and consumption of alcoholic liquor within a tent as may be deemed necessary by the Liquor Commissioner to assure that such sale and consumption can be conducted in a safe manner without posing any material risk to patrons of the licensed premises or others. Such conditions may include mandating a minimum number of BASSETT-trained personnel to secure the perimeter of the tent and assure that no patron of the premises attempts to leave the premises while holding open alcoholic liquor.
(f) 
The applicant must provide proof of ownership of the property on which the tent will be located or provide documentation confirming the ability to utilize the property for the tent event.
AA. 
Class 27 license, which shall authorize the retail sale of alcoholic liquors in connection with the operation of an off-site catering business as defined herein, that provides and serves alcoholic liquor in connection with the catering of foods for catered events and for consumption only on the premises with the food of the catered event. The sale of alcoholic liquor shall be incidental to the food service; and if the catered event does not qualify as a private function, a special event license shall also be required for the location of the catered event. The service of alcoholic liquor shall be by employees of the licensed catering business. The catered event shall not be open to the general public and shall be limited to the contracting party and his/her/their invited guests. No alcoholic liquor shall be served at a single location for more than eight consecutive hours. The licensee shall provide notice to the Crystal Lake Police Department, at least 24 hours prior to a catered event held in the City of Crystal Lake corporate limits, of the location of the event and the date and hours during which the event shall occur. In no occasion shall the event extend beyond the hours established for a Class 2 license holder. The annual fee for such license shall be $900.
[Added 6-2-2015 by Ord. No. 7134]
AB. 
Class 28 video gaming supplemental liquor license shall authorize the retail sale of alcoholic liquors, for consumption on the premises, at a bar or restaurant, as defined by § 268-3 of this Code, to an applicant which possesses a valid video gaming location license issued by the Illinois Gaming Board and which also holds, for a period of not less than one year, a current and valid liquor license to sell alcoholic liquor at such bar or restaurant. The one-year requirement set forth in this subsection shall not apply to an owner when each of the following conditions are met: 1) for a period of not less than six months prior to filing of an application for a video gaming license, the owner has operated a full-service restaurant within the premises for which a video gaming license is to be issued, and has held, during that period, a valid and current liquor license for such premises, issued pursuant to this chapter; and 2) the most recent occupant of the premises prior to the owner was a video gaming licensed establishment operated as a full-service restaurant. The issuance of a Class 28 supplemental liquor license shall be strictly subject to the following conditions:
[Added 4-5-2016 by Ord. No. 7208; amended 6-7-2022 by Ord. No. 7821]
(1) 
The holder of a current and valid liquor license shall have submitted and have approved by the Liquor Commissioner an application for a Class 28 supplemental liquor license, upon such forms as may be approved by the Liquor Commissioner; and
(2) 
The corporate authorities shall have approved sufficient Class 28 supplemental liquor licenses to allow the applicant to be qualified for a Class 28 supplemental liquor license; and
(3) 
The license holder shall be in good standing under Chapter 329 of this Code and other ordinances of the City of Crystal Lake. To be in "good standing" the license holder shall:
(a) 
Owe no sums of money to the City at the time of its application;
(b) 
Hold a current liquor license for the sale of alcoholic liquors on the premises at a bar or restaurant, as defined by § 268-3 of this Code and have been in continuous operation for a period of not less than one year prior to application for the Class 28 supplemental liquor license; and
(4) 
The applicant for a Class 28 supplemental liquor license shall not have allowed any video gaming terminal to be operated upon the licensed premises unless the applicant possesses a current and valid video gaming license issued in accordance with § 268-3 of this Code; and
(5) 
The applicant for the Class 28 supplemental liquor license is in compliance with the requirements of § 268-3 of this Code; and
(6) 
The suspension or revocation of a video gaming license issued pursuant to § 268-3 of this Code shall constitute a basis for the suspension or revocation of a Class 28 supplemental liquor license issued pursuant to Chapter 329 of this Code.
(7) 
The fee for the initial issuance and each annual renewal for such license shall be $100.
AC. 
Class 29 license, which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption on the premises, as well as the retail sale of alcoholic liquor in the original package between the hours of 6:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 6:00 a.m. and 2:00 a.m. Friday and Saturday; and 6:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class B type restaurant may be located on the premises. For the purposes of this license, premises shall include not only the interior of any building or structure but also an open, unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed.
[Added 1-16-2018 by Ord. No. 7425; amended 11-19-2024 by Ord. No. 8074]
(1) 
Any open unroofed area in which alcoholic beverages are served or consumed pursuant to this license shall conform to the following:
(a) 
The open unroofed area shall be particularly described and adjacent to and operated as a part of the premises licensed to sell alcoholic liquor on the premises and shall have obtained all permits or approvals required by the ordinances of the City Code, City or other governmental authority.
(b) 
The open unroofed area shall have a maximum capacity as defined by the Liquor Commissioner, which shall be separately posted at the entrance to the open unroofed area.
(c) 
When the open unroofed area is located on private property, any part of the open unroofed area not blocked by a building shall be surrounded by a fence or other barrier approved by the Liquor Commissioner, which shall contain the required number of fire exits. All fences or other barriers shall comply with the ordinances of the City regarding vision, clearance and required distances from corners.
(d) 
All electrical wiring shall comply with the codes of the City.
(e) 
All combustible rubbish shall be stored in a noncombustible container, and the license holder shall be responsible for keeping the area in a clean and sightly condition.
(f) 
The noise emanating from any open unroofed area where alcoholic beverages are served pursuant to this license shall not violate any of the provisions of the City Code of Ordinances pertaining to noise.
(g) 
The license holder shall be responsible for preventing violations of this chapter.
(h) 
No open unroofed area where alcoholic beverages are served pursuant to this license shall be permitted within 100 feet of land zoned for residential purposes, except as may be approved by the Liquor Commissioner, subject to such conditions as the Liquor Commissioner may deem necessary to ensure that sales and consumption can be conducted in a safe manner and to minimize any impact upon such residentially zoned properties.
(2) 
The annual fee for such license shall be the sum of $2,000.
AD. 
A Class 30 temporary liquor license shall authorize the retail sale of beer, wine and alcoholic liquor for consumption upon the premises and in the original package at an event for which a special event license has been issued by the City pursuant to Chapter 453 of the City Code. No sales pursuant to such license shall be made unless at the time of such sales, the license holder also holds a special use permit license for sales at such special event issued by the Illinois Liquor Control Commission. A Class 30 temporary liquor license may only be issued to a person or entity that concurrently holds a valid retail liquor license for on-premises sale and consumption of beer, wine and alcoholic liquor and/or sale of beer, wine and alcohol in the original package issued by the Local Liquor Control Commissioner as well as the Illinois Liquor Control Commission. The type of sales allowed by the temporary liquor license shall be limited to the same category of sales as identified in the applicant's retail liquor license. The license shall be for a period not to exceed three days and shall be issued only for special events which are licensed by the City pursuant to Chapter 453. No Class 30 temporary liquor license shall be issued until the Local Liquor Control Commissioner and the Mayor and City Council have established: a) the location upon the premises where alcoholic liquor is to be sold; b) the hours during which the sale of alcohol may sold during such special event; c) proof of insurance as required by this chapter or the laws of the State of Illinois; d) proof of permission from the owner of the premises authorizing the sale of alcoholic liquor during the time requested in the permit; e) the manner in which the licensee will manage crowd control which shall include, but not be limited to, a requirement that all patrons of the premises where the beer, wine and alcoholic liquor drinks are to be sold be required to wear a nontransferable, one use only, disposable wristband or other means of identification identifying them as patrons of the area that is subject to the license, and refuse pickup; and f) such other requirements as the Mayor and City Council or Liquor Control Commissioner deem appropriate in the case of each particular permit. The license fee for each Class 30 temporary liquor license as hereinbefore set forth shall be the sum of $100. The Mayor and City Council may approve such other fees or deposits as they deem appropriate to ensure compliance with the terms and provisions of the permit.
[Added 6-20-2023 by Ord. No. 7938; amended 9-5-2023 by Ord. No. 7954]
A. 
There shall be no more than the following licenses in the corporate limits of the City of Crystal Lake at any one time:
[Last amended 2-17-2026 by Ord. No. 8200]
Type of License
Number of Licenses
Class 1
7
Class 2
4
Class 3
5
Class 4
1
Class 5
1
Class 6
1
Class 7
7
Class 8
6
Class 9
7
Class 10
2
Class 11
1
Class 12
4
Class 13
35
Class 14
5
Class 15
1
Class 16
0
Class 17
1
Class 18
2
Class 19
0
Class 20
0
Class 21
2
Class 22
3
Class 23
1
Class 24
8
Class 25
6
Class 26
1
Class 27
1
Class 28
22
Class 29
2
B. 
In the event that any person, firm or corporation holding a local license in the County of McHenry shall be annexed to the City of Crystal Lake, the City of Crystal Lake shall issue a license upon annexation of the property to the City of Crystal Lake in compliance with this chapter regardless of the numerical limitation on licenses. The license issued shall be of the same type and nature that was issued by the County of McHenry. Any license issued as a result of annexation of property to the City of Crystal Lake shall be considered in computing the number of licenses and limitations thereon.
C. 
Any time a license issued pursuant to this chapter is revoked or voluntarily surrendered for any reason or has not been renewed within 90 days of its date of expiration, the number of authorized licenses in such classification shall automatically be reduced by one without any further amendment of this section of this Code. Except as hereinafter provided, in the event that the number of authorized licenses in a classification is increased by ordinance but no new license in such classification is issued by the Liquor Commissioner within 180 days of the adoption of such ordinance, the number of authorized licenses in such classification shall automatically be reduced by one without any further amendment of this section of this Code. The 180-day period shall be automatically extended for an additional period of 60 days if, at the expiration of the 180-day period: 1) an active building permit is outstanding in connection with a pending application for a liquor license within such classification; and 2) prior to the expiration of the 180-day period, the Liquor Commissioner or their designee has authorized an extension of the pending application for the additional sixty-day period. In the event that no new license in such classification is issued by the Liquor Commissioner within the additional sixty-day period, the number of authorized licenses in such classification shall automatically be reduced by one without any further amendment of this section of this Code.
[Amended 9-5-2023 by Ord. No. 7954]
[Amended 10-6-2020 by Ord. No. 7655]
In no case shall any retail license be issued for the sale of alcoholic liquor, unless the applicant therefor shall first give to the City of Crystal Lake a bond payable to the City of Crystal Lake, which bond shall be in the penal sum of $1,000 for all classes of nontemporary liquor licenses. Said bond shall be signed by two good sureties or responsible surety companies, licensed to do business in the State of Illinois; said bond shall be conditioned that any such applicant for the license and any and all persons in his/her employ or such as are under his/her control comply with every and all resolutions, laws, regulations and ordinances of this City, in force at the time of the approval of such bond, or that may be adopted by the City Council during the continuance of such license, which relate in any manner to the sale of alcoholic beverages, or for the general good government or the City of Crystal Lake, and said bond shall be further conditioned that such applicant shall pay or cause to be paid all fines, penalties and costs which may be legally imposed upon him/her or imposed upon his/her employee or employees, servant or servants, agent or agents, or any other person or persons under his/her control, for any violation or breach of such resolution, rule, regulation or ordinance aforesaid. In addition to the foregoing bond, every such applicant for an alcoholic liquor license shall also file with the City Clerk of the City of Crystal Lake any bonds which may be required by any act passed by the Legislature of the State of Illinois or by the Congress of the United States.
No license shall be issued hereunder unless the applicant shall file with the application a certificate by an insurance company authorized to do business in the State of Illinois, certifying that the applicant has in force and effect the insurance required by Illinois statutes.
All such fees paid to the Liquor Control Commissioner at time application is made shall be forthwith turned over to the City Clerk. In the event the license applied for has been 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 Council, by proper action.
The Liquor Control Commissioner shall keep or cause to be kept a complete record of all such licenses issued and shall furnish the Clerk and Director of Finance and Chief of Police each with a copy thereof, upon the issuance of any new license, or the revocation of any old license.
[Amended 8-16-2011 by Ord. No. 6693]
A. 
The Mayor and the City Council of the City of Crystal Lake hereby authorize any law enforcing officer of the City of Crystal Lake to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or whether any of the rules and regulations adopted by the Mayor and the City Council of the City of Crystal Lake or the State of Illinois have been or are being violated and at such time to examine the premises of said licensee in connection therewith. Further, the Mayor and the City Council of the City of Crystal Lake authorize any law enforcing officer of the City of Crystal Lake to receive complaints from any citizen within the jurisdiction of the City of Crystal Lake that any of the provisions of this chapter or any rules or regulations adopted pursuant to have been or are being violated, and to act upon complaints in the matter provided.
B. 
An In-House Controlled Purchase Program ("In-House Controlled Purchase Program") is a program that allows retail liquor licensees to utilize the services of persons between 18 yeas of age and 21 years of age to attempt to purchase alcohol at their licensed establishment for the purpose of evaluating the licensee's training program regarding the sale of liquor to persons under 21 years of age. The In-House Controlled Purchase Program is intended to promote an environment where the licensee, working in conjunction with the City, demonstrates support for a program designed to reduce the incidence of underage consumption of alcohol.
C. 
The licensee's In-House Controlled Purchase Program must meet the requirements of this section and must be approved by the Liquor Commissioner or Chief of Police of the Crystal Lake Police Department, or their designees, prior to a licensee or any agent of the licensee engaging in the In-House Controlled Purchase Program.
D. 
Violations of § 158-2 of the Code of the City of Crystal Lake (Alcoholic Beverages - Prohibited conduct; exception; penalty) occurring under an In-House Controlled Purchase Program may not be used for criminal prosecution or administrative action. This section shall not, however, prohibit prosecution of a person under the age of 21 who is participating in an In-House Controlled Purchase Program and who either: 1) consumes any alcohol purchased in connection with such In-House Controlled Purchase Program, and/or 2) removes from the licensed premises any alcohol purchased in connection with an In-House Controlled Purchase Program.
E. 
The Illinois Compiled Statutes (235 ILCS 5/1-1 et seq.) Liquor Control Act of 1934 (hereinafter referred to as the "Act" in this chapter), Article VI (General Provisions), 5/6-16.1 (Enforcement Actions), are hereby by reference adopted and also made applicable, in part, to the Code of the City of Crystal Lake § 329-11 (Enforcement) in that a licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on the licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee first provides notice, applies for and is granted a permit as provided in this section to conduct an In-House Controlled Purchase Program, "sting operation" or enforcement action, utilizing underage participants approved by the City of Crystal Lake Police Department. Such notice and application shall be submitted in writing at least seven days before the "sting operation" or enforcement action under the In-House Controlled Purchase Program. Notice provided under this section shall be valid for a "sting operation" or enforcement action conducted under an In-House Controlled Purchase Program within 60 days of such notice.
(1) 
The In-House Controlled Purchase Program is under the jurisdiction of the Liquor Control Commissioner for the City of Crystal Lake. The Liquor Commissioner may authorize the implementation and ongoing administration of this program through the Chief of the Police Department or his designee.
(2) 
Every person under the age of 21 years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of 18 and 21 years who are participating in an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and in accordance with any applicable rules adopted thereby. Violations of §§ 158-2A(1), 158-2A(3) and/or 329-19 of the City of Crystal Lake Code of Ordinances for either the sale of alcohol to, or the purchase of alcohol by, a minor pursuant to an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and/or the City of Crystal Lake Police Department may not be used for criminal or administrative prosecution.
(3) 
Any licensee that applies for an In-House Controlled Purchase Program permit shall first provide his or her employees a written description of the licensee's In-House Controlled Purchase Program. The written description must include notice of actions that may be taken as a consequence of an employee's failure to comply with company policies regarding the sale of alcohol during an In-House Controlled Purchase Program.
(4) 
The In-House Controlled Purchase Program authorized under this section is for the purposes of training employees, determining licensee/employer self-compliance and furthering compliance with underage drinking laws. As a condition of being granted an In-House Controlled Purchase Program permit, the licensee/employer agrees not to terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an In-House Controlled Purchase Program authorized under this section.
F. 
A retail liquor licensee may conduct an In-House Controlled Purchase Program under the following conditions:
(1) 
The licensee shall only utilize underage individuals trained and/or otherwise approved by the Crystal Lake Police Department to conduct In-House Controlled Purchase Program operations. Such individual shall be under the direct supervision and watch of a preapproved adult agent of the licensee at least 21 years of age during the entire In-House Controlled Purchase Program operation. The licensee must ensure that:
(a) 
Persons participating in the In-House Controlled Purchase Program must be 18 years of age, 19 years of age or 20 years of age at the time of the In-House Controlled Purchase Program operation;
(b) 
The persons participating in the In-House Controlled Purchase Program may not use fraudulent identification and should not be deceptively mature in appearance;
(c) 
Two photos must be taken of the persons participating in the In-House Controlled Purchase Program on the same day of any operation. One photo must be full face and one photo must show the employee from head to toe. These photos must be maintained on the licensed premises, available for inspection by the police and/or the Liquor Control Commissioner;
(d) 
If persons participating in the In-House Controlled Purchase Program are paid for their time, there can be no compensation of such persons based on the number of successful purchases made during the course of the In-House Controlled Purchase Program;
(e) 
No persons participating in the In-House Controlled Purchase Program at any time during the course of a "sting operation" violate any law, ordinance or administrative rule while participating in a controlled purchase action. Violations of §§ 158-2A(1), 158-2A(3) and/or 329-19 of the City of Crystal Lake Code of Ordinances for either the sale of alcohol to, or the purchase of alcohol by, a minor pursuant to an In-House Controlled Purchase Program authorized by the Liquor Control Commissioner and/or the City of Crystal Lake Police Department may not be used for criminal or administrative prosecution;
(f) 
The licensee has written procedures that ensure any liquor purchased by an eighteen-, nineteen- or twenty-year-old person during an In-House Controlled Purchase Program is not consumed by that person and/or removed from the licensed premises, and that the liquor is adequately secured by the licensee or an employee who is at least 21 years of age immediately following an occurrence of any purchase; and
(g) 
Any licensee that conducts an In-House Controlled Purchase Program and determines employees to be in compliance with all applicable laws and ordinances shall notify such employees that no violation was found within 30 days after the In-House Controlled Purchase Program operation, and shall maintain a copy of such notice at the licensed premises, available for inspection by the police and/or the Liquor Control Commissioner.
(2) 
The licensee must keep a statement on file signed by the licensee and each employee indicating that the employee has received training regarding the sale of liquor to persons under 21 years of age. Restaurant, tavern, or sports/entertainment facility licensees must keep on file either such a statement for each employee or a copy of the employee's mandatory alcohol server training permit. These records must be maintained on the licensed premises, available for inspection by the Police Department, Liquor Commissioner or any designee as approved by the Liquor Commissioner.
(3) 
During an In-House Controlled Purchase Program, the person supervising the program must possess:
(a) 
The licensee's controlled purchase program procedures;
(b) 
A valid approved permit from the City of Crystal Lake to conduct the In-House Controlled Purchase Program; and
(c) 
Valid identification.
(4) 
All costs and expenses incident to the licensee's In-House Controlled Purchase Program shall be borne by the licensee. As an express condition of the acceptance of a permit to conduct an In-House Controlled Purchase Program, the licensee thereby agrees to indemnify and hold harmless the City, its officials, both elected and appointed, its employees and agents against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person or to any property as the result of any In-House Controlled Purchase Program activities.
(5) 
If a licensee's In-House Controlled Purchase Program fails to meet any of the requirements of this section, the Chief of Police or Liquor Control Commissioner, or their designees, may revoke the permit to conduct the In-House Controlled Purchase Program. The licensee may reapply for approval to conduct In-House Controlled Purchase Programs not less than one year following such revocation.
A. 
A license shall be purely a personal privilege, good for not to exceed one year after the issuance, provided that this provision shall not apply to Class 16, 19 and 20 licenses. The one-year period shall be from the first day of June of each year to the 31st day of May of each year unless sooner revoked or suspended as in this chapter provided. The license fee for the first year of the license period shall be prorated from the month of issuance to the last month of the first license year. A license shall not constitute property nor shall it be subject to attachment, garnishment to 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 it shall cease upon the death of the licensee, provided that the executor or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or any insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensees. In no event shall there be any refund of any portion of any license fee paid.
[Amended 5-17-2011 by Ord. No. 6668[1]]
[1]
Editor's Note: This ordinance also provided that it shall be effective retroactively to 5-1-2011.
B. 
Any licensee may renew his/her/its license at the expiration thereof, provided he/she/it is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided, further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor and City Council from decreasing the number of licenses to be issued within their jurisdiction.
A retail 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 Mayor and City Council. 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 ordinances of the City.
It shall be unlawful to peddle beer and alcoholic liquor in the City.
[1]
Editor's Note: See Ch. 385, Peddlers, Solicitors and Transient Merchants.
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 ordinance regulating the condition of premises used for the storage or sale of food for human consumption.
A. 
It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any minor or any person who is afflicted with, or who is a carrier of any contagious, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or 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. For purposes of this section, "minor" shall mean any person under the age of 18.[1]
[1]
Editor's Note: Former Subsection B, regarding alcohol sales and servers training certification, which immediately followed this subsection, was repealed 10-6-2020 by Ord. No. 7655.
[Amended 10-16-2018 by Ord. No. 7501]
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, homes for aged, indigent persons, veterans, their wives 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 sale of alcoholic liquor is not the principal business. This chapter shall not apply to not-for-profit corporations requesting Class 16 licenses.
[Amended 4020-1999 by Ord. No. 5150]
No licensee under the provision of this chapter shall sell, give or in any other manner deliver alcoholic liquor to any minor, intoxicated person, habitual drunkard, spendthrift, insane, feebleminded or distracted person, or harbor or permit any intoxicated persons to loiter on the premises described in the license or permit any conduct which shall tend to disturb the peace or quiet of the neighborhood or the premises. Any such sale shall be cause for suspension of the license.
[Amended 12-16-2003 by Ord. No. 5730]
A. 
The Mayor and City Council shall establish the closing for each portion of the sports facility for which a Class 18 license is issued. In taking into account the establishment of the closing hours, the Mayor and City Council will consider those times during which minors will be present in each portion of the sports facility covered by the Class 18 license. All license holders holding a license for consumption of alcoholic liquor on the premises may remain open until 4:00 a.m. on January 1, provided that they notify the Police Department in writing on or before December 26 of the preceding year. The Mayor and City Council may extend the closing hour for Class 5 license holders on particular holidays and exceptional occasions, provided that such requests are submitted to and approved by the Mayor and City Council at a regular or special meeting of the City Council prior to the holiday or exceptional occasion. Nothing contained in this section shall prohibit Class 5 license holders from submitting a schedule of holidays and exceptional occasions to the Mayor and City Council at the beginning of the City's fiscal year. The Mayor and City Council may upon request in their discretion extend the opening or closing hours for any class license holder for special events or occasions, provided that such requests are submitted to and approved by the Mayor and City Council at a regular or special meeting of the City Council prior to the special event or occasion.
B. 
It shall be unlawful to keep open for business or to admit the public at any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited, provided that, in the case of restaurants, clubs, drugstores, hotels and other license holders whose main business is other than the sale of alcoholic liquor, such establishments may be kept open, but no alcoholic liquor may be sold to or consumed by the public during the hours prohibited.
In the premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than as a restaurant, hotel or club), no screen, blind, curtain, partition, article or thing shall be permitted in the window or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be willfully obscured by the licensee or by him/her willfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this subsection, the Mayor shall have the right to require the filing with him/her of plans, drawings and photographs showing the clearance of the views as above required.
[Amended 4-5-2016 by Ord. No. 7209]
The Liquor Control Commissioner of Crystal Lake may revoke any license at any time it is found that any licensee shall keep, possess, maintain or allow on the premises any gambling devices, bookmaking, betting or any machine used for gambling purposes, as proscribed by 720 ILCS 5/28-1, except for such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
[Amended 12-5-2000 by Ord. No. 5364; 1-21-2014 by Ord. No. 6998]
A. 
All hearings shall be conducted before the Liquor Control Commissioner. All hearings conducted before the Liquor Control Commissioner shall be recorded by a certified court reporter or a certified shorthand reporter. The Liquor Control Commissioner of said City may revoke or suspend any license at any time the Commissioner determines that the licensee has violated any provisions of the Liquor Control Act of 1934, Illinois Compiled Statutes Chapter 235, or any provision of this chapter.
B. 
The Liquor Control Commissioner of the City shall for a first offense, other than a violation of § 329-22, impose a fine of not more than $1,000. The fine shall be in addition to any other penalty imposed by the Liquor Control Commissioner. If the licensee is convicted of another offense within five years of the conviction for the prior offense, the Liquor Control Commissioner shall impose a fine of not more than $1,500, which shall be in addition to any other penalty imposed by the Liquor Control Commissioner; and for any subsequent convictions of the licensee for offenses committed during the five-year period, the Liquor Control Commissioner shall impose a fine of not more than $2,500, which shall be in addition to any other penalty imposed by the Liquor Control Commissioner. Each day on which a violation continues shall constitute a separate violation, provided that not more than $10,000 in fines may be imposed against any licensee during the period of his/her license.
C. 
Except as may be agreed to, pursuant to a stipulated order, no fine shall be imposed nor shall such license be suspended or revoked except after a public hearing by said Liquor Commissioner with a three-day written notice to the licensee affording the licensee the opportunity to appear and defend. If the Liquor Commissioner or, in his/her absence, an Assistant Liquor Commissioner, has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the City, 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 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 another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses. The Liquor Commissioner shall, within five days after such hearing, if he/she determines after a hearing that the fine should be imposed or that the license should be suspended or revoked, state the reason or reasons for such determination in a written order of suspension or revocation and shall serve a copy of such order within the five days upon the licensee.
[Amended 10-6-2020 by Ord. No. 7655]
D. 
A court reporter shall be required to take the record at all hearings, and any appeal of the decision of the Liquor Control Commissioner shall be upon the record taken at the original hearing. It shall be the responsibility of the person requesting the appeal to pay for the cost of producing the record of proceedings at the original hearing.
When any 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 manufacturing, distributing or selling alcoholic liquor in the premises described in such revoked license.
Any five residents of said City shall have the right to file a complaint with the Liquor Control Commissioner stating that any licensee, subject to the jurisdiction of the Commissioner has been or is violating the provisions of this chapter. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision believed to have been violated and the facts in detail upon which belief is based. If the Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he/she shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.
Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him/her personally.
[Amended 7-20-1999]
The Mayor of the City of Crystal Lake shall act as Liquor Control Commissioner of the City of Crystal Lake. The City Manager of said City shall also be designated as Assistant Liquor Control Commissioner, and he/she shall act as Liquor Control Commissioner in the absence of the Mayor of said City. The Mayor or City Manager shall constitute a quorum for purposes of holding any hearing as provided for by this chapter.
[Added 10-6-2020 by Ord. No. 7655[1]]
If the licensee to which a license has been issued discontinues operations at the premises described in the application and license for a period of 60 consecutive days, (except as hereafter set forth), or whenever there is evidence of a clear intent of the licensee to abandon the premises, said license shall be subject to revocation. If said discontinued operation is due to fire or other such damage wherein the Building Commissioner deems the premises uninhabitable, said sixty-day period shall be tolled only until occupancy is granted by the Building Commissioner.
[1]
Editor's Note: This ordinance also redesignated former § 329-28, Penalty, as § 329-29.
[Amended 2-20-2007 by Ord. No. 6161]
Any person, firm or corporation violating the provisions of this chapter may suffer the penalty of having his/her license revoked for any such violation. Revocation shall be in writing signed by the Mayor.