A Class P carry-in license shall authorize the carry-in of beer or wine only (spirits are not permitted) by the business patron(s) or guest(s) of a commercial business that does not sell alcoholic beverages but operates as a restaurant or food service establishment in which food service preparation and service of food is the principal business conducted, to allow for consumption of said carried-in beer and/or wine on the premises, subject to the following limitations and restrictions:
For purposes of this section “beer” shall mean any alcoholic beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
For purposes of this section, “wine” shall mean any alcoholic beverage obtained by the fermentation of the natural contents of fruits and vegetables, excluding grains, containing sugar, and including such beverages when fortified by the addition of alcohol or spirits.
For purposes of this section, “restaurant” or “food service establishment” shall mean any public place kept, used, maintained, advertised and held out to the public as a place where meals are prepared and served, without sleeping accommodations, where the principal business conducted is food preparation and the service of food on the premises, where such space being provided has an adequate and sanitary commercial kitchen and separate dining room with dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons and guests.
A. Hours Of Operation:
Sunday, Monday, Tuesday, Wednesday, and Thursday | From 10:30 A.M. to 12:00 midnight |
Friday and Saturday | From 10:30 A.M. to 1:00 A.M. |
But with said hours of operation subject to the restriction that carried-in beer and wine may be served only during the hours that food is being served, and subject to the further limitations and restrictions set forth in this section.
B. Annual License Fees: See section 3-1-1 of this title.
C. Number Issued: The number of Class P liquor licenses shall be limited to 3.
D. Insurance: Proof that the licensee has in place, carries and maintains dram shop liability insurance, or liquor liability insurance or commercial general liability insurance which includes host liquor liability coverage.
E. Conditions:
1. The licensee or the owner of the premises shall have applied for and shall have procured a special use permit to serve alcoholic beverages (limited to beer and wine) on the licensed premises, and if there is outdoor seating for the restaurant, a special use permit therefor, and for the consumption of beer and/or wine in a fenced in area.
2. The beer and/or wine that is carried in by patrons and guests of the commercial business must be in the original bottle or can and must be unopened.
3. No more than one bottle of wine not exceeding seven hundred fifty milliliters (750 mL) per guest and no more than one (1) 6-pack of beer (six 12-ounce cans or bottles, or in cans or bottles not exceeding in the aggregate 72 fluid ounces) per guest may be brought into the restaurant or food establishment for consumption by any patron.
4. At the licensee’s discretion, the licensee may require the beer or wine to be opened and served by the licensee, and the licensee may charge a corkage or setup fee for that service.
5. The beer or wine may only be consumed by persons who are served a meal.
6. The beer or wine may be served only during the hours that food is being served.
7. Carry-in beer or wine may only be consumed inside the restaurant premises (and in a designated fenced in area provided a special use permit has been procured therefor).
8. Carry-in licensees are prohibited from storing alcohol on the premises.
9. Patrons may remove one, unsealed and partially consumed bottle of wine for off-premises consumption and any sealed bottles/cans of beer, provided that the patron or guest has purchased a meal and consumed a portion of the bottle of wine and/or beer with the meal on the restaurant or food establishment premises. A partially consumed bottle of wine or sealed beer bottles/cans that are 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, one-time use, tamperproof bag.
10. Illinois Beverage Alcohol Sellers and Servers Education and Training (BASSET) certification from an entity that has obtained a BASSET training license from the Illinois Liquor Control Commission. BASSET training is required for at least one person who is on duty at all times that wine and/or beer is allowed to be carried into the premises and consumed by the patron that carried in said wine and/or beer and his or her guests, and subject to the limits set forth in subsection E3 of this section.
11. Carry-in licensees shall be liable for violation of this chapter in the same manner as the holder of any other classification of liquor license, including, but not limited to, violations for service to minors and the over serving of patrons and guests, and in addition to the fines, suspension and/or revocation of the carry- in liquor license issued under this section, shall further be subject to the fines and penalty provisions set forth in chapter 1 of this title, including the suspension and/or revocation of the business license issued to the commercial establishment.
(Ord. 2019-38, 4-16-2019; amd. Ord. 2024-61, 6-18-2024)