4-2B-10: CLASSIFICATION OF LICENSES:
The classes of liquor licenses in the village are those classes set forth in this section. There are no other classes of liquor licenses in the village. No liquor license of any class may be issued by the village unless a license is authorized by section 4-2B-14 of this article and has not already been issued. No liquor license may be issued by the village until after the applicable fee for the license has been paid in full.
   A.   Class A: Restaurant full service license. This license authorizes the retail sale of alcoholic liquors by restaurants when such sales are incidental to and complementary to the sale and service of food, for consumption on the premises where sold. Sales of food must comprise at least forty percent (40%) of the annual gross revenues of the restaurant to qualify for this license or for its renewal. Class A licenses shall only be available to restaurants with sales floors and service areas of not less than two thousand (2,000) square feet.
      1.   Class A-1: Restaurant outdoor cafe full service license. This license authorizes the retail sale of alcoholic liquors for consumption at an outdoor cafe accessory to a restaurant that holds a class A license. This license requires the specific prior approval of the Antioch liquor control commissioner, who may establish standards for the service of alcoholic liquors at the outdoor cafe as a condition for issuance of this license.
   B.   Class B: Restaurant limited service license. This license authorizes the retail sale of beer and wine by restaurants when such sales are incidental to and complementary to the sale and service of food, for consumption on the premises where sold. Sales of food must comprise at least forty percent (40%) of the annual gross revenues of the restaurant to qualify for this license or for its renewal. Class B licenses shall only be available to restaurants with sales floors and service areas of not less than one thousand eight hundred (1,800) square feet.
      1.   Class B-1: Restaurant outdoor cafe limited service license. This license authorizes the retail sale of beer and wine for consumption at an outdoor cafe accessory to a restaurant that holds a class B license. This license requires the specific prior approval of the Antioch liquor control commissioner, who may establish standards for the service of alcoholic liquors at the outdoor cafe as a condition for issuance of this license.
      2.   Class B-2: Limited restaurant wine license. This license authorizes the retail sale of bottled wine by a restaurant with a class B license, in original package form, for consumption off the premises where sold.
   C.   Class C: Retail package sales. This license authorizes the retail sale of alcoholic liquors, in original package form, for consumption off the premises where sold. This license shall further authorize "sampling", "tasting", and "expanded sampling" of alcoholic beverages strictly in accordance with the following definitions:
   EXPANDED SAMPLING: Due to the fact that certain wines, liquors and craft beers are highly expensive and/or are available only in very limited quantities sporadically, rendering them difficult to market, larger packaged goods stores shall be permitted to engage in expanded sampling as follows:
   1.   Expanded sampling is available only to packaged liquor stores of not less than fifteen thousand (15,000) square feet in sales floor;
   2.   Sales by expanded sampling shall not exceed more than two percent (2%) by dollar value of all store sales;
   3.   Products dispensed under this classification may be sold for consumption on the premises, provided that not more than thirty two (32) ounces of any craft beer, four (4) ounces of any spirit or twelve (12) ounces of any wine may be sold to any customer in any one sales session.
   SAMPLING: A product sample, offered in connection with a sales promotion, consisting of no more than the following amounts: distilled spirits one-fourth (1/4) ounce, wine one ounce, beer two (2) ounces. Only products registered with the State Liquor Commission may be sampled.
   TASTING: A supervised presentation of alcoholic products to the public for the purpose of disseminating product information and education, with consumption of alcoholic products being an incidental part thereof. Only products registered with the State Liquor Control Commission may be tasted in the following amounts: distilled spirits one-fourth (1/4) ounce, wine one ounce, beer two (2) ounces. Notice of tasting may be advertised. Tasting must be supervised by the licensee and/or an authorized representative of the licensee.
   D.   Class D: Gas station convenience store license. This license authorizes the retail sale of spirits, beer and wine in a gas station convenience store, in original package form, for consumption off the premises where sold. The amount of display floor space allowed for the sale of alcoholic beverages shall not exceed the greater of thirty three percent (33%) of the space or six hundred (600) square feet.
   E.   Class E: Bar and tavern license. This license authorizes the retail sale of alcoholic liquors by bars and taverns for consumption on the premises where sold as well as other retail sale of packaged liquor in its original containers for consumption off premises. Class E licenses shall only be available to bars and taverns with sales floors and service areas of not less than one thousand four hundred (1,400) square feet. This license shall further authorize "sampling" and "tasting" of alcoholic beverages strictly in accordance with the following definitions:
   SAMPLING: A product sample, offered in connection with a sales promotion, consisting of no more than the following amounts: distilled spirits one-fourth (1/4) ounce, wine one ounce, beer two (2) ounces. Only products registered with the State Liquor Commission may be sampled.
   TASTING: A supervised presentation of alcoholic products to the public for the purpose of disseminating product information and education, with consumption of alcoholic products being an incidental part thereof. Only products registered with the State Liquor Commission may be tasted in the following amounts: distilled spirits one-fourth (1/4) ounce, wine one ounce, beer two (2) ounces. Notice of tasting may be advertised. Tasting must be supervised by the licensee and/or an authorized representative of the licensee.
      1.   Class E-1: Bar and tavern outside service license. This license authorizes the retail sale of alcoholic liquors by bars and taverns for consumption in outdoor seating areas adjoining the principal business.
      2.   Class E-2: Wine shop license. This license is equivalent to a class E license in all respects, except that the alcoholic products that may be sold or offered for tasting or sampling are strictly limited to wines and beers.
   F.   Class F: Club license. This license authorizes the retail sale of alcoholic liquors by clubs organized under the laws of Illinois that are not for pecuniary profit, that are supported by their members' dues and that are for charitable, service, or fraternal purposes, for consumption on the premises where sold only.
   G.   Class G: Single special event license. This license authorizes the retail sale of alcoholic liquors only by a person or organization at one picnic, outing, festival, wedding or other similar special occasion for consumption only on the premises or in the area specifically identified in the license by an existing licensee or an applicant which has qualified for a special event liquor license from the State of Illinois. No class G single special event license is valid for more than ninety six (96) hours unless specifically stated in the license. The Antioch liquor control commissioner may make the issuance of the license subject to any condition that the commissioner determines is appropriate to protect the public health, safety, and welfare, including, without limitation, restrictions on the location and hours for sales of alcoholic liquors, the type of alcoholic liquors that may be sold pursuant to a particular license, and the type of activities that may be conducted as part of the event for which the license is sought.
   H.   Class H: Hotel license. This license authorizes the sale of all types of alcoholic beverages for consumption on premises only. A class H license is available only to a motel or hotel with sixty (60) rooms or more. A class H license allows for service at a bar, in a banquet facility or meeting room and to individual hotel rooms as delivered by room service.
      1.   Class H-1: Hotel outdoor cafe full service license. This license authorizes the retail sale of alcoholic liquors for consumption at an outdoor cafe accessory to a hotel that holds a class H license. This license requires the specific prior approval of the Antioch liquor control commissioner, who may establish standards for the service of alcoholic liquors at the outdoor cafe as a condition for issuance of this license.
   I.   Class I: Winery license. This license authorizes the sale of bottled table wines for consumption on or off premises. The licensee may sell wine for consumption on the premises by the glass, in smaller samples commonly known as "flights" or by the bottle at the serving table or bar.
      1.   The licensee shall be permitted to sell wine on premises and/or offer tastes or samples only during the following days and times:
 
Saturdays, Sundays and holidays
10:00 A.M. to 8:00 P.M.
All other days
10:00 A.M. to 8:00 P.M.
 
      2.   All tastes and samples must be offered or provided only inside a building.
      3.   The licensee may grow and harvest fruit and fruit products and make wine on the premises consistent with its State of Illinois liquor license and its federal permit, if required. The licensee may ship bottled products at other times consistent with its State of Illinois license and its federal permit, if required.
      4.   The winery is authorized to permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption. A partially consumed bottle of wine that is to be removed from the premises shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises, and placed in a transparent, onetime use, tamperproof bag. Before any patron may leave the premises with his/her/their previously opened bottle, an explanation of applicable traffic laws shall be given.
   J.   Class J: Nonrestaurant BYOB license:
      1.   License Required: No person shall allow alcohol to be carried in for consumption on the premises of an establishment without first having a BYOB license from the village of Antioch.
      2.   Application Requirements: Applications for such a license shall be made in writing, to the mayor, and shall contain the following information:
         a.   The name, age and address of the applicant in the case of an individual; if a corporation, the name and address of the duly authorized agent who signed the application.
         b.   The name, location and a description of the premises or place of business which is to be operated with a permit authorized pursuant to this section.
         c.   A letter from the property owner (if different than the applicant) granting permission to obtain such a license for the premises.
         d.   A certificate of insurance reflecting a policy in force for the full period for which the license is to be issued that provides general liability coverage in the amounts of at least one million dollars ($1,000,000.00) for injury or death (combined single limits).
         e.   Acknowledgment that the applicant agrees to save and hold harmless the village of Antioch from any and all claims arising out of consumption of alcoholic liquor on the premises, and that the applicant will follow the village of Antioch liquor control ordinance, including the prohibition against allowing minors to consume and the hours of consumption.
         f.   Each application shall be reviewed by the village board of trustees and either approved or denied by a majority vote.
      3.   License Terms: In addition to the terms and conditions stated in article C of this chapter, all nonrestaurant BYOB licenses shall be subject to the following:
         a.   The license holder shall not allow any alcoholic beverages other than wine or beer to be consumed on the licensed premises.
         b.   No licensee, nor any employee or staff member of the licensee is permitted to open and pour the wine or beer.
         c.   No storage of beer or wine is permitted.
         d.   No opened bottles of beer or wine may be brought in or removed from the premises, and shall be disposed of before the customer leaves.
         e.   No license of this class shall be granted to an existing business possessing a restaurant, food dealers, or liquor license.
   K.   Class K: Ancillary food service license. This license authorizes the sale of beer and wine for consumption on premises only. Sales shall be strictly in compliance with the following regulations:
      1.   Licensees shall be full service grocery stores with a minimum of twenty thousand (20,000) square feet of sales floor;
      2.   Sales shall be conducted only at a cordoned area of the store and that area shall not exceed one thousand (1,000) square feet in size, calculated using only the service area, tables, booths and bar and not food preparation or kitchen areas;
      3.   Patrons shall not be permitted to move out of the cordoned area within the store while carrying any beer or wine;
      4.   The sales of beer and wine shall only be permitted at such times as the store offers food service within the cordoned area;
      5.   If the licensee also holds a class C license which allows sampling, it may offer the sampling within the cordoned area. (Ord. 10-04-10, 4-19-2010; amd. Ord. 10-06-21, 6-7-2010; Ord. 11-12-22, 12-19-2011; Ord. 14-04-07, 4-21-2014; Ord. 14-07-13, 7-21-2014; Ord. 16-09-23, 9-19-2016; Ord. 16-11-32, 12-5-2016; Ord. 17-01-01, 1-16-2017; Ord. 18-02-06, 2-12-2018; Ord. 20-05-17, 5-11-2020; Ord. 20-06-19, 6-8-2020; Ord. 22-03-17, 3-9-2022; Ord. 23-06-12, 6-28-2023)