2-1-20: SALES TO CERTAIN PERSONS PROHIBITED:

It is unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to sell, give, deliver or serve any alcoholic liquor to any person under the age of twenty one (21) years or to any intoxicated person, except as provided in 235 Illinois Compiled Statutes 5/6-16.1. (Ord. 06-87, 11-2-1987; amd. 2017 Code)

2-1-21: MINORS:

   A.   Purchase By Or For Prohibited:

      1.   It shall be unlawful for any person under the age of twenty one (21) years to purchase, accept or procure or to attempt to purchase, accept or procure any alcoholic liquor from any retail liquor dealer in the City or from any other person.

      2.   It shall be unlawful for any person to purchase or otherwise obtain alcoholic liquor and then to sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years unless in the performance of a religious ceremony or service.

   B.   Possession, Consumption By Prohibited; Exemptions:

      1.   No person under the age of twenty one (21) years shall have any alcoholic beverage in an open container in his possession on any street or highway or in any public place or in any place open to the public.

      2.   It shall be unlawful for any person to whom the sale, gift, delivery or service of any alcoholic liquor is prohibited because of age to consume or to possess in any manner, including by consumption, any such alcoholic liquor, except as otherwise provided by law. The violation referred to in this subsection which relates to the possession of alcohol after it has been consumed may be identified as the "illegal possession of alcohol by consumption" or by the section number of this chapter. This violation may be proven by evidence which indicates that the breath of the person charged with such offense had a smell associated generally or specifically with any alcoholic liquor. No additional evidence relating thereto shall be necessary to find the defendant to be in violation of this chapter. It shall not be necessary to show that the person charged with an offense hereunder was, at the time in question, under the influence of any alcoholic liquor in any manner, but such evidence shall be admissible to prove a violation of this chapter.

      3.   The possession, dispensing or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony or the consumption of alcoholic liquor by a minor under the direct supervision and direct approval of the parents or parent of such minor in the privacy of a home is not prohibited by this chapter, and this subsection shall be considered only as a defense for which the burden of proving that it applies to and was reasonably relied upon in a particular case shall be on the person charged with an offense under this chapter.

   C.   Identification Requirements:

      1.   a.   A licensee or any officer, associate, member, representative, agent or employee of such licensee may demand written evidence and may not rely on oral evidence of the prospective recipient's age and identity before making a sale, gift, delivery or service to a prospective recipient of any alcoholic liquor. The decision whether or not to demand such evidence rests with the licensee and his agents and employees. However, if no evidence is demanded, such decision is made at the licensee's peril.

         b.   Any person from whom such written evidence is demanded shall forthwith display his/her motor vehicle operator's license, secretary of state's identification card, federal selective service card, federal armed forces identification card or other written evidence of age and identity issued by a public officer in the performance of his official duties.

         c.   If any such person fails to present such written evidence, he shall be considered to be an underage person who is not entitled to any such alcoholic liquor. However, if such written evidence of age and identity is produced and shows the prospective recipient to be of the age required to purchase such alcoholic liquor and if such a sale, gift, delivery or service of alcoholic liquor is made in reasonable reliance thereon, then the licensee and his representatives shall not be subject to any penalty provisions of this chapter.

         d.   The burden of proving that a demand of written evidence of the age and identity was made, that such written evidence was shown, the content of the written evidence presented, and the reasonableness of the reliance thereon shall be on the person charged with an offense under this chapter.

      2.   It shall be unlawful for any person to present or offer to any licensee or to any officer, associate, member, representative, agent or employee of a licensee or to any other person any written, printed, or photostatic evidence of his age and identity or that of any other person which is false or fraudulent, for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure any alcoholic liquor of any kind or description in violation of this chapter, or to have in his possession any false or fraudulent written, printed or photostatic evidence of age and identity.

   D.   Warning Sign Posted: In every premises upon which the sale of alcoholic liquor is licensed hereunder, a sign, clearly visible to the public, shall be posted at the entrance and at the cash register, by the licensee thereof, to be furnished by said licensee, which shall read substantially as follows:

      WARNING TO MINORS

         You must be 21 years old to purchase any liquor and you must be able to prove it. You are subject to prosecution and fine for the purchase of alcoholic beverages or misrepresentation of your age for the purpose of purchasing alcoholic beverages.

   E.   Employment:

      1.   No licensee, agent or employee shall permit any person under the age of eighteen (18) years to draw, pour, or mix any alcoholic liquor in the premises either as an employee or gratuitously.

      2.   No licensee, his agent or employee shall permit any person under the age of eighteen (18) years to sell, serve or dispense or in any other way handle alcoholic liquor, including packaged liquor, upon his licensed premises.

   F.   Presence On Premises:

      1.   It shall be unlawful for any person under the age of eighteen (18) years to be or remain in any premises which is licensed hereunder; except, that any person under the age of eighteen (18) years may be or remain in such premises:

         a.   If accompanied by his or her parent or legally appointed guardian; or

         b.   If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor.

      2.   It shall be unlawful for any licensee hereunder or his officer, partner, associate, representative, agent or employee to suffer or permit any person under the age of eighteen (18) years to be on or remain in any premises which is licensed hereunder; except, that any person under the age of eighteen (18) years may be or remain in such premises:

         a.   If accompanied by his or her parent or guardian; or

         b.   If more than fifty percent (50%) of the gross business income received therein results from the sale of services or commodities other than alcoholic liquor.

   G.   Responsibility Of Parent Or Guardian: It shall be unlawful for any parent or guardian to suffer or permit his or her child or ward under the age of eighteen (18) years to violate any provisions of this chapter. (Ord. 06-87, 11-2-1987; amd. Ord. 01-2001, 3-12-2001; 2017 Code; Ord. 04-2021; Ord. 05-2024, 9-9-2024)

2-1-22: BEER GARDENS:

   A.   Purpose: The purpose of this section is to promote the safety, health and general welfare by creating certain conditions and restrictions on, and to otherwise provide for the regulation of, beer gardens in the city.

   B.   Definition: A "beer garden" is defined as an open air, roofed, or unroofed area adjacent to or accessory to a class A intoxicating liquor and/or fermented malt beverage licensed premises, where beer and other alcoholic beverages are served and consumed.

   C.   License Required; Fee: No person shall hereafter keep, maintain, conduct or operate any "beer garden" as defined in subsection B of this section without first obtaining a beer garden license and payment of the fee as provided in subsection 2-1-26J of this chapter.

   D.   Investigation Of Applicant; Approval Or Denial Of License: All applications for beer garden licenses shall be referred to the zoning administrator for investigation. The zoning administrator shall furnish the city council with a recommendation in writing as to whether the license should be granted. Upon approval by the city council, and confirmation of payment of the liquor license fee, the city clerk shall issue the license authorizing a beer garden license to the applicant. The city council shall have discretion to refuse the granting of any license or transfer thereof if, in its judgment and sole discretion, the granting or transfer of such license shall be against the public interests, either because of the unsuitability of the location, undesirability or unreliability of the applicant or applicant's manager or because of the failure of the applicant or applicant's manager to observe the provisions of the city ordinances in the prior conduct of business.

   E.   Conditions Of License: No beer garden shall be permitted, maintained, or operated except in conformity with the following:

      1.   There shall be constructed and maintained at least a six foot (6') high fence on all sides of the beer garden area. The fence shall contain such fire exit(s) as directed by the zoning administrator and the city council. The gate(s) or exit(s) of the fence shall be the same height as that required of the beer garden fence, shall swing to egress, shall be equipped with proper hardware, and shall swing free and clear of public sidewalks.

      2.   If the beer garden has a stage adjacent to the perimeter of the beer garden, the stage shall not be taller than two feet (2') and the fence at the stage must be eight feet (8') high surrounding the stage. The stage must have steps that conform to all national, state, and local codes, as well as railings approved by the zoning administrator. The exits and the beer garden shall have adequate lighting and shall conform to all safety regulations that apply. The beer garden shall be accessible only from the main building to which it is attached and shall not be accessible from the outside.

      3.   All electrical and plumbing work shall comply with national, state and local codes.

      4.   The ground shall be of a fire resistant material and shall not be subject to mud or other slippery conditions in the event of rain.

      5.   The operation of the beer garden shall be restricted to the hours applicable to a class A liquor license per subsection 2-1-17 A of this chapter.

      6.   The beer garden shall have a maximum capacity of one person for each ten (10) net square feet of the floor area of the beer garden. The capacity of the beer garden shall be posted in the beer garden.

      7.   Any noise emanating from the beer garden shall not violate the ordinances of the city or any other regulations pertaining to noise and disturbances. Noise from the beer garden shall not interfere with neighbors' enjoyment of their property. (Ord. 02-2012, 3-12-2012)

   F.   Suspension Or Revocation Of License; Penalties: Any violations of this section, including disturbances of the peace, may result in the suspension or revocation of the owner's or operator's license(s) and, in addition, shall result in a fine of not less than one hundred dollars ($100.00) for a first offense and not less than seven hundred fifty dollars ($750.00) for each subsequent offense. Each day during which a violation continues beyond the specified time for correction shall constitute a separate punishable offense. (Ord. 02-2012, 3-12-2012; amd. 2017 Code)

2-1-23: RESTRICTED AND PROHIBITED ACTS AND CONDITIONS:

   A.   Curbside Service: No licensee, or his agent or employee, shall serve, give or in any manner be concerned with placing any alcoholic liquor in or upon or about any motor vehicle or to any occupant of a motor vehicle whether such vehicle is moving or parked or is at the curb or in a public place or on the licensee's premises or other private place except in the original package and with the seal unbroken. (Ord. 06-87, 11-2-1987)

   B.   Removal Of Open Containers From Premises: Except as provided hereafter, no licensee, or officer, employee or agent of a licensee, shall permit and is obligated to attempt to prevent without causing a breach of the peace, any person on the licensed premises from leaving the licensed premises with any open container of any alcoholic beverage. Any person removing an open container of any alcoholic beverage from a licensed premises shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00); provided, however, that upon written application therefor to the mayor of the city as local liquor control commissioner, a licensee, or employee or agent of a licensee, may obtain temporary authority for special organized community events to permit the consumption from open containers of alcoholic beverages in a cordoned off, outside area contiguous to the licensed premises, which area must be acceptable to and preapproved by the mayor and the chief of police. (Ord. 08-2006, 7-10-2006)

   C.   Extension Of Credit Or Trade Of Merchandise: No licensee, or his agent or employee, shall sell or furnish alcoholic liquor at retail to any person on credit, or order in a store, or in exchange for any goods, wares or merchandise; provided, that a bona fide check, money order or generally recognized credit card may be accepted in payment for any services rendered; provided, that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such member or guest in accordance with the bylaws of the club.

   D.   Soliciting Drinks: No licensee shall employ or permit any person to solicit any other person to purchase the solicitor a drink or drinks in or about any licensed premises offering alcoholic beverages for sale.

   E.   Gambling Or Disorderly Conduct: No gambling shall be permitted and no gambling device shall be kept in any premises licensed hereunder. No riotous, disorderly, indecent or offensive conduct of any kind shall be allowed in or about said premises. (Ord. 06-87, 11-2-1987)

   F.   Transporting Alcoholic Beverages:

      1.   Except as provided in subsection F2 of this section, no person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a public way including, but not limited to, public highways, alleys and/or sidewalks, except in the original package and with the seal unbroken.

      2.   This subsection F shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini-motor home as defined in 625 Illinois Compiled Statutes 5/1-145.01. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this subsection. For the purposes of this subsection, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to 625 Illinois Compiled Statutes 5/6-104. (Ord. 06-87, 11-2-1987; amd. 2017 Code)

2-1-24: EXISTING ESTABLISHMENTS ON ANNEXED PROPERTY:

Whenever the city annexes land upon which a licensed premises is situated, the local liquor control commissioner, notwithstanding the limitations imposed under section 2-1-11 of this chapter regarding the number of licenses permitted, may issue a license of substantially the same classification as the license that the licensee of the annexed premises had prior to annexation; provided, that the license and the licensed premises meet the requirements of all laws and ordinances applicable to the regulation of the sale of alcoholic liquors. The licensee of any such annexed premises shall make application for such license not less than thirty (30) days before the effective date of the annexation of the licensed property. (Ord. 06-87, 11-2-1987)

2-1-25: SALE OF LICENSED BUSINESS:

   A.   Upon application being filed with the city clerk, and upon payment of an investigation fee in the amount as now or hereafter may be required by this chapter, the local liquor control commissioner may issue a license to the purchaser of an established licensed business as a going concern. In case the business sold, or proposed to be sold, has in fact no goodwill or other value as a going concern, in addition to the value of its physical assets, such application shall be rejected. Any such sale shall include all furniture, fixtures, and equipment used in such business or on such premises or place of business for sale, offering for sale or dispensing of alcoholic liquor.

   B.   Such application must be for exactly the same class of license as that held by the seller, and such application shall be only for the same location as the previously licensed business.

   C.   Any such purchaser shall make application for the issuance of a new license thereto, and in such application, he shall state the actual facts in respect to his purchase of such business. Such application must be accompanied by a letter, signed and notarized by the current licensee, evidencing his intent to relinquish his license, should the applicant's request for a license be granted. The applicant shall also complete an application blank and furnish the information and make the statements required of any other licensee under this chapter.

   D.   Such application shall be investigated and approved or rejected as in the case of applications for an original license, and if approved, a license shall be issued to such purchaser, and the license of the prior licensee terminated upon payment to the city clerk of the license fee then due. Such license fee, if received after commencement of any semiannual period, shall be prorated to include the month in which said license is issued.

   E.   Upon prior application after approval of the transfer of the license and payment of the license fee by the purchaser of said established business, the holder of an expiring license may make application, within sixty (60) days of the issuance of the new license, for refund of that portion of the annual or semiannual license fee paid. No refund shall be paid for the month within which the new license is issued, nor shall any refund be made of more than nine (9) months in any annual period or for more than three (3) months in any semiannual period. (Ord. 06-87, 11-2-1987)

2-1-26: FEES:

The following fees will accompany applications authorized by this chapter:

   A.   Nonrefundable fees:

      1.   Original application: Fifty dollars ($50.00).

      2.   Renewal application: Fifteen dollars ($15.00). (Ord. 06-87, 11-2-1987)

   B.   Application for license: Five hundred forty dollars ($540.00).

   C.   Annual renewal of license: Five hundred forty dollars ($540.00).

   D.   Application for change of location: Forty dollars ($40.00).

   E.   Background investigation of a manager or new partner: One hundred fifty dollars ($150.00).

   F.   Transfer of licensed business from one form of ownership to another or new partner (if no background investigation needed): Forty dollars ($40.00).

   G.   Late payment: Fifty dollars ($50.00).

   H.   Duplicate license certificate: Fifteen dollars ($15.00).

   I.   Each pool table/coin/bill operated amusement machine: Fifty dollars ($50.00). (Ord. 01-2002, 4-8-2002)

   J.   Beer garden license: Twenty five dollars ($25.00). (Ord. 02-2012, 3-12-2012)

   K.   Administrative fee: Fifty dollars ($50.00). (Ord. 06-87, 11-2-1987)