A. Hours Of Sale:
1. General:
a. Except as provided below, it shall be unlawful for any liquor licensee, or employee of such licensee, to sell or offer for sale at retail, on the premises, any alcoholic liquor during the following hours:
Monday - Saturday | 1:00 A.M. - 6:00 A.M. |
Sunday | 1:00 A.M. - 9:00 A.M. |
b. Notwithstanding the foregoing, any holder of a Class A, D, or G license may request the privilege to extend the lawful hours of sale of alcoholic liquor on the respective licensed premises by obtaining a late night liquor license. The late night liquor license shall afford to the licensee the right to extend the lawful hours of the sale of alcoholic liquor on the respective licensed premises, subject to the restrictions and conditions of the original liquor license with regard to the licensed premises during the specific hours as specified below:
Monday - Friday | 1:00 A.M. - 2:00 A.M. |
Saturday | 1:00 A.M. - 3:00 A.M. |
Sunday | 1:00 A.M. - 3:00 A.M. |
Prior to the issuance of a license to grant the privilege to extend the hours for the sale of alcoholic liquor on the respective licensed premises, there shall be due an additional fee of three hundred seventy five dollars ($375.00) annually which must be paid in full without proration. The Liquor Control Commissioner may impose disciplinary action upon the licensee by way of a suspension or revocation of the privilege to extend the lawful hours of sale of alcoholic liquor on the respective licensed premises as may be deemed appropriate. The maximum number of late night liquor licenses issued in the City of Alton shall be
twenty (20)
.
The foregoing extension of lawful hours of sale of liquor shall not apply to the portion of the licensed premises operated as a sidewalk cafe pursuant to chapter 7, article B of this title.
The foregoing extension of lawful hours of sale of liquor shall not apply to the sale of packaged liquor. Packaged liquor shall not be sold between one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on any day and on Sunday between one o'clock (1:00) A.M. and twelve o'clock (12:00) noon.
c. Notwithstanding the foregoing, no alcoholic liquor shall be sold for consumption off the licensed premises between the hours of eleven o'clock (11:00) A.M. and twelve o'clock (12:00) noon on Sunday.
d. Notwithstanding the foregoing, the holder of a class R liquor license from the city of Alton shall be entitled to serve liquor during any hours as permitted by the regulations of the state of Illinois pertaining to riverboat gaming licensing and the restrictions of hours of the city of Alton as set forth herein shall not apply.
2. Closed Hours: The periods of time the sale of liquor is prohibited until the time that liquor may again be sold shall be known as the "closed hours".
a. No patron shall remain or be permitted to remain or be admitted to any licensed premises more than thirty (30) minutes after the sale of alcoholic liquors is prohibited hereinabove for the remainder of the "closed hours" described hereinabove.
b. Consumption of liquor is prohibited, with exception, more than thirty (30) minutes after the sale of alcoholic liquor is prohibited by this chapter for the remainder of the "closed hours" described hereinabove.
c. The doors of each licensed premises shall be locked and no person not in the employ of the licensee shall be admitted to or upon the premises during the times when patrons are prohibited from being on the licensed premises.
3. Businesses Offering Other Sales: Any licensed premises where the sale of alcoholic beverages is not the principal business, which fact is certified by the mayor in the manner provided in this chapter, may remain open to the public during the hours that the public would otherwise be prohibited from being on the premises, providing the following conditions are observed:
a. All alcoholic beverages must be either removed from view or placed behind doors or slides or screens or counters or shades, or other apparatus clearly indicating that such beverages are not presently offered for sale.
b. A sign shall be displayed prominently and shall read:
Closed hours, no alcoholic liquors sold or served.
c. No alcoholic liquors shall be sold, donated, bartered, exchanged, served or consumed therein during said closed hours.
d. Nothing herein contained shall be construed as granting any licensee the privilege to sell alcoholic liquor during the aforesaid closed hours and any licensee not certified by the mayor to be in fact a retail establishment where the sale of alcoholic liquor is not the principal business must keep its doors locked and the public barred therefrom during said closed hours.
e. Nothing herein contained shall be construed as requiring any adult clerk in a licensed premises where the sale of alcoholic liquors is not the principal business to be limited in duties solely relating to the sale of alcoholic liquor.
4. Election Days: On any election day the hours of sale for liquor shall be the same as those of the day as provided in subsection A1 of this section, notwithstanding the scheduling of the election.
5. New Year's Eve: Any provisions herein to the contrary notwithstanding, sales of alcoholic liquor, pursuant to class A, D, E, and F city liquor licenses, which are otherwise lawful under this code and such provisions in the liquor control act as may preempt home rule authority and vest exclusive jurisdiction thereof in the state, shall, on each January 1, between the hours of one o'clock (1:00) A.M. and three o'clock (3:00) A.M. hereafter be authorized and shall not be a violation of subsection A1 of this section.
B. Dramshop Insurance: All persons or corporations issued a liquor license hereunder shall provide evidence of dramshop insurance in an amount approved by the liquor commissioner. Said insurance shall be evidenced by a certificate of insurance acceptable to the liquor commissioner and delivered prior to opening of the establishment.
No liquor license which includes as any part of the licensed premises, any public property operated pursuant to chapter 7, article B of this title, shall be issued or renewed unless the applicant or licensee shall provide a certificate of insurance showing dramshop and general liability insurance coverage naming the City as an additional insured with the licensee, in such amounts as may be reasonably required by the Mayor.
C. Condition Of Premises: All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for retail sale, shall be kept in a clean and sanitary condition and shall be kept in full compliance with the provisions regulating the condition of premises used for the storage or sale of food for human consumption.
D. Unobstructed View Of Licensed Premises: In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed, other than a restaurant or hotel, no screen, blind, curtain, partition, article or other thing shall be permitted in the windows or upon the doors of such licensed premises, nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights shall be permitted in or about the interior of such premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk and said premises must be so located that there shall be a full view of the entire 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 wilfully obscured by the licensee, or by him wilfully suffered to be obscured, or in any manner obstructed, then his license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this section, the Mayor shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as above required.
E. Display Of License: Every licensee shall cause his license issued under this chapter to be framed and kept in plain view in a conspicuous place on the licensed premises.
F. Sales In Certain Retail Establishments Prohibited: No Class A, D, E or F license shall be issued for the sale of alcoholic liquor at retail, for consumption on the premises, in any confectionery, grocery store or drugstore, or in any establishment, commonly known as a "self-service" store, where patrons are permitted physically to select and reduce to possession goods for purchase from open shelves or displays, making payment therefor upon leaving the premises, or in any establishment where the patronage of persons for the purchase of raw or unprepared food or medicines, is solicited by signs, newspaper advertising or other public announcement. A licensee may sell prepared food upon the premises, but only when all food sold is consumed on the premises by the purchaser thereof. Nothing in this subsection contained shall be held or construed to forbid the sale by a registered pharmacist of alcoholic liquor for medicinal purposes upon the prescription of a licensed physician or surgeon.
G. Size Of Containers: It is hereby declared unlawful for any "licensee", as defined in section 4-4-1 of this chapter, holding any license to sell "alcoholic liquor" as therein defined, to hereafter offer for sale at retail at any "licensed premises", as therein defined, any packaged goods container of beer or alcoholic liquor of the size of thirty two (32) ounces or larger, which has been chilled or refrigerated below the room temperature of the licensed premises.
H. Beer Garden: Notwithstanding any prohibitions to the contrary, the holder of a Class A, C-2, D, E, F, G, M, P or R license shall be entitled to sell alcoholic liquor as permitted by each such respective license in an outdoor area of the licensed premises so long as access to the outdoor area is limited by fencing or other structures so as to prohibit access to the outdoor area except through the principal structure of the licensed premises or by an access which is continuously guarded by an agent of the licensee so as to prevent underage persons from entering the beer garden in violation of the liquor ordinances of the City of Alton.
I. Filling And Selling Of Beer In A Container Other Than The Original Container By Liquor License Holders: Liquor license holders and their employees may fill, refill and sell beer in a container other than the original container, otherwise known as a growler as defined herein.
1. Definition: "Growler", for the purpose of this subsection I, is a sealable vessel used to transport craft beer from a liquor licensed premises permitted to sell packaged beer to a private residence.
2. Sales Criteria And Restrictions: All sales made pursuant to this subsection I shall be made in person. Beer packaged and sold pursuant to this subsection I shall not be delivered or direct-shipped to consumers.
3. Filling And Refilling Requirements:
a. A growler shall have the capacity to hold no more than seventy two (72) ounces.
b. A growler shall be filled or refilled only by the licensee or the licensee's employees who are eighteen (18) years of age or older.
c. A growler shall be filled or refilled only on demand by a consumer at the time of the in-person sale.
d. A growler shall be filled or refilled only with beer from the original container procured from a duly licensed wholesaler.
e. A retailer may exchange a growler to be filled or refilled, provided the exchange occurs at the time of the in-person sale.
f. The filling or refilling of a growler shall at all times be conducted in compliance with applicable State and Federal food safety statutes and regulations.
4. Sealing Requirements: A filled or refilled growler shall be securely sealed at the time of the sale by the licensee or the licensee's employees in the following manner:
a. A growler shall bear a twist-type cap, screw-on cap, flip- top lid, swing-top lid, stopper, or plug.
b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the twist-type cap, screw-on cap, flip-top lid, or swing-top lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler.
c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened.
d. A growler shall not be deemed an open container, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed.
e. A growler shall be treated as "original packaging", provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed.
5. Restrictions:
a. Beer shall not be consumed from the growler on the premises of a Class A liquor license holder.
b. A growler shall not be filled in advance of a sale.
c. A growler filled pursuant to this subsection I shall not be delivered or direct-shipped to a consumer.
d. A growler filled pursuant to this subsection I shall not be sold or otherwise distributed to a retailer.
e. A licensee or a licensee's employees shall not allow a consumer to fill or refill a growler.
f. The filling, refilling and selling of a growler shall be limited to the hours in which beer may be legally sold.
g. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. (1961 Code §§ 4-10, 4-11, 4-23; amd. Ord. 4170, 1-12-1977; Ord. 4714, 11-24-1982, eff. 1-1-1983; Ord. 4935, 7-24-1985; Ord. 5175, 10-14-1987; Ord. 5730, 1-13-1993; Ord. 5872, 5-11-1994; Ord. 5903, 8-24-1994; Ord. 5937, 12-22-1994; Ord. 6426, 9-8-1999; Ord. 6607, 10-10-2001, eff. 1-1-2002; Ord. 6764, 9-24-2003; Ord. 7600, 12-13-2017; Ord. 7601, 11-21-2017; Ord. 7723, 10-9-2019; Ord. 7745, 3-12-2020; Ord. 7813, 9-8-2021)