3-3-15: CLASSIFICATIONS:
Local liquor licenses for the retail sale of alcoholic liquor shall be divided into the following classes and subclasses:
   A.   Class A - Tavern License: Class A licenses authorize the retail sale of alcoholic liquors for consumption on the premises of a tavern or saloon in which liquor sales are the primary business and food service may or may not be included. A counter or serving bar must separate the stock alcoholic liquor from the patrons and must be served by the licensee and its agents. Incidental sales of packaged alcoholic liquor are allowed with an overlay package license. The hours of operation for a class A license holder are prescribed in section 3-3-20 of this chapter. No entertainment is allowed except as provided in subsection 3-3-16B of this chapter.
   B.   Class B - Package Sales: Class B licenses authorize the retail sale of alcoholic liquor in original packages only, and not for consumption on the premises. The hours of operation for said class B license holder shall be nine o'clock (9:00) A.M. to eleven o'clock (11:00) P.M. Sunday through Thursday, and nine o'clock (9:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday. No person under the age of twenty one (21) may sell or ring up the sale of packaged alcoholic liquor. Class B licenses are divided into the following subclasses:
      1.   Class B-1: Class B-1 licenses authorize the retail sale of alcoholic liquors in original packages only, and not for consumption on the premises, where the retail sale of packaged alcoholic liquor is the primary or principal business, the minimum gross area of the premises is one thousand four hundred (1,400) square feet and no petroleum products are sold.
      2.   Class B-2: Class B-2 licenses authorize the retail sale of alcoholic liquors in original packages only, and not for consumption on the premises, where the retail sale of packaged alcoholic liquor is not the primary or principal business, a minimum of one thousand (1,000) square feet is allocated to the sale of packaged liquor, but not more than one-third (1/3) of the retail floor area is devoted to liquor, the retail floor area devoted to prepackaged food is at least eight thousand (8,000) square feet and no petroleum products are sold.
      3.   Class B-3: Class B-3 licenses authorize the retail sale of alcoholic liquors in original packages only, and not for consumption on the premises, where the retail sale of packaged alcoholic liquor is secondary to the sale of pharmaceuticals and nutritional supplements, the retail floor space devoted to alcoholic liquors is no more than ten percent (10%) of total retail floor space as measured using any recognized system of measurement and the total retail floor space is at least two thousand five hundred (2,500) square feet.
      4.   Class B-4: Class B-4 licenses authorize the retail sale of beer and wine only in original packages only, and not for consumption on the premises, where the retail sale of packaged beer and wine is secondary to the sale of gasoline products and/or miscellaneous convenience store items.
      5.   Class B-5: Class B-5 licenses authorize the retail sale of alcoholic liquors in original packages only, and not for consumption on the premises, where the retail sale of packaged alcoholic liquor is secondary to the sale of gasoline products and/or miscellaneous convenience store items.
   C.   Class C - Carry In Licenses: Class C licenses are considered retail liquor licenses and authorize the carry in of beer, wine or other low ABV beverages (not exceeding 20 percent alcohol content by volume) only to an establishment open to the public for consumption on the premises subject to the following limitations:
      1.   The alcohol must be carried in unopened in the original, sealed containers;
      2.   Each patron is limited to one bottle of wine not exceeding seven hundred fifty milliliters (750 ml), one 6-pack of twelve (12) ounce cans of beer (or the equivalent) or one 4-pack of twelve (12) ounce cans of low ABV beverage (or equivalent);
      3.   Patrons shall not be allowed to leave the premises with open containers of alcohol except that a patron may remove a partially consumed container of wine that is securely sealed by the licensee prior to removal and placed in a transparent, onetime use, tamperproof bag, as required by state law;
      4.   At the licensee's discretion, the licensee may require the carry in alcohol to be opened and served by the licensee, and the licensee may charge a corkage or setup fee for that service;
      5.   The licensee must obtain dramshop insurance and provide proof thereof;
      6.   Carry in licensees are prohibited from storing alcohol on the premises, unless the licensee also has an appropriate license allowing the retail sale of alcoholic liquors on the premises;
      7.   Carry in licensees shall be responsible for following all of the requirements of this chapter and shall be liable for violations of this chapter in the same manner as the holder of any other class of liquor license, including, but not limited to, violations related to minors;
      8.   Carry in licensees shall comply with the training and service requirements for class C licenses as provided in section 3-3-28 of this chapter;
      9.   The hours of operation for a class C license holder are prescribed in section 3-3-20 of this chapter unless more specifically limited per class as provided below.
      10.   The classes of carry in liquor licenses and additional limitations for each class are as follows:
         a.   Class C-1 (Carry In Restaurant License): Class C-1 licenses authorize the carry in of alcohol to restaurants. In addition to the general limitations on carry in licenses, the following limitations apply:
            (1)   Carry in alcohol may only be consumed by persons who are served a meal;
            (2)   Carry in alcohol may be served only during the hours that food is being served;
            (3)   Carry in alcohol may be consumed outside only if the licensee complies with the requirements for an outside adjunct license.
         b.   Class C-2 (Carry In DMU License): Class C-2 licenses authorize the carry in of alcohol to the premises of a retail or consumer personal service business with incidental retail sales, excluding professional service businesses and businesses that qualify for another category of liquor license, located in the downtown mixed use (DMU) zoning districts during regular business hours. Alcohol may only be carried in by a patron of the business, and the licensee shall post a notice in a conspicuous place that persons may not carry in alcohol separate from engaging in the primary business;
         c.   Class C-3 (Carry In Event License): Class C-3 licenses authorize the carry in of alcohol to the premises of a business for periodic events lasting not longer than three (3) hours held during hours not open generally for sales or services to the general public or in a section of the premises that is not open generally to the public except to those people attending the event (including, but not limited to, performances, demonstrations, exhibitions, classes, workshops, seminars, lectures, fundraisers for nonprofit organizations and similar events). The following specific limitations apply to class C-3 licenses:
            (1)   Advertising for an event allowing carry in alcohol shall include the limitations described in subsections C1, C2, C3 and C4 of this section (if applicable);
            (2)   Notice of an event allowing carry in alcohol shall be given to the Batavia police department at least forty eight (48) hours in advance of the carry in event.
            (3)   A class C-3 carry in event license may be added as an adjunct license to another retail license.
         d.   Class K - Park District Licenses: Class K licenses allow the carry in of alcoholic liquor as part of the Class K license without having to obtain a separate Class C license, providing that carry in is limited to private parties.
   D.   Class D - Restaurant Licenses: Class D licenses authorize the retail sale of alcoholic liquors for consumption on the premises where preparation and service of food is the principal business conducted. All tables at which food is served shall only be served alcoholic liquor by waitpersons from a service bar. Alcoholic liquor may be served from a serving bar, provided, a full menu, including entrees and appropriate side dishes, shall be available at all times liquor sales are being conducted until eleven o'clock (11:00) P.M. After that time, in the event a full menu is not provided, a reduced menu, which includes only appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available, however in no event shall the kitchen cease operating sooner than one hour before closing. The hours of operation for a class D license holder are prescribed in section 3-3-20 of this chapter. No entertainment is allowed except as provided in subsection 3-3-16B of this chapter. Incidental sales of packaged alcoholic liquor are allowed with an overlay package license. Class D licenses are divided into the following subclasses:
      1.   Class D-1: All alcoholic liquor;
      2.   Class D-2: Beer and wine only.
   E.   Class E - Limited/Nonrestaurant: Class E licenses authorize the retail sale of alcoholic liquors for consumption on the premises only where the primary business or purpose is not the sale of liquor or the sale of food. Class E licenses are divided into the following subclasses:
      1.   Class E-1 (church/club) licenses authorize the retail sale of alcoholic liquors for consumption in any buildings on property owned by a church or a club organized under the state not for profit act, provided that the church or club has been in existence for at least two (2) years prior to the filing of an application for a license under this chapter and has maintained clubrooms or buildings for such period of time immediately preceding the filing of its application, including live entertainment without an overlay live entertainment license, carry in alcohol without a separate carry in license and the consumption of liquor outside without the need for any overlay or temporary license as long as the property is owned by the church or club, is at least two (2) acres in size and any area in which consumption of liquor occurs or takes place must be no closer than ten feet (10') from the property line unless there is a fence or other barrier to adjacent property. A class E-1 licensee may sell alcoholic liquor in conjunction with the service of food for special events up to four (4) times a year beginning at six o'clock (6:00) A.M.
      2.   Class E-2 (church/club) licenses authorize the retail sale of alcoholic liquors in the same manner and by the same organizations as defined in subsection E1 of this section, except that any church/club licensed under this classification E-2 shall be restricted to transacting business on not more than thirty (30) days in any year.
      3.   Class E-3 (bowling/amusement center) licenses authorize the retail sale of alcoholic liquors for consumption on the premises of a bowling alley/amusement center.
      4.   Class E-4 (limited retail license). Class E-4 licenses authorize the retail sale of alcoholic liquor for consumption on the premises of a business located in the general commercial (GC) or downtown mixed use (DMU) zoning districts during regular business hours (as limited by section 3-3-20 of this chapter) under the following conditions and limitations:
         a.   The retail floor space devoted to the sale of alcoholic liquor shall be separated from retail floor space devoted to other items, shall be no greater than twenty percent (20%) of the net retail floor space and shall, in no event, be greater than one thousand (1,000) square feet;
         b.   All sales of alcoholic liquor shall occur at a counter devoted only for the sale of alcoholic liquor.
      5.   Class E-5 (limited retail/salon license). Class E-5 licenses authorize the retail sale of alcoholic liquor for consumption on the premises of a service business providing primarily salon, hairdresser, beautician, manicure, pedicure and/or barbershop services located in the general commercial (GC) or downtown mixed use (DMU) zoning districts during regular business hours (as limited by section 3-3-20 of this chapter) under the following conditions and limitations:
         a.   Alcoholic liquor shall be sold only in conjunction with the sale of services, and the licensee shall post a notice in a conspicuous place that alcoholic liquor may only be purchased in conjunction with a purchase of services;
         b.   The licensee shall be careful to comply in all respects with the provisions of section 3-3-36 of this chapter in addition to the other provisions in this chapter and the state liquor code.
   F.   Class F - Special Event (Not For Profit) Licenses: Class F licenses authorize a special event licensee to purchase less than five hundred dollars ($500.00) of alcoholic liquors from a licensed liquor retailer or five hundred dollars ($500.00) or more of alcoholic liquor from a licensed liquor distributor and to offer for sale and sell alcoholic liquors for use or consumption, but not for resale in any form, at the specific location, on specific date(s) and during the specific hours designated in the application and with live entertainment, if live entertainment is identified in the application and is approved with the license. There is no limit to the number of special event (not for profit) licenses that can be issued with city council approval, but each special event license shall be limited to no more than fifteen (15) days to one special event retailer at one location in a twelve (12) month period. A special event (not for profit) license shall be valid only for a period of fifteen (15) hours during any given day, which hours must be during the hours of sale for alcoholic liquor as provided in section 3-3-20 of this chapter. The following conditions shall apply to special event (not for profit) licenses:
      1.   A special event (not for profit) license may only be issued to an educational, fraternal, political, civic, religious, or nonprofit organization that has been in existence for at least two (2) years prior to the application for said license.
      2.   The applicant must obtain a valid state of Illinois special event retailer liquor license, a copy of which must be filed with the city prior to any sale.
      3.   Each special event (not for profit) license must be approved by the city council.
      4.   Every special event (not for profit) licensee shall comply with the provisions of section 3-3-15-1 of this chapter.
      5.   No sale or consumption of alcohol shall take place outdoors unless the applicant complies with the provisions in section 3-3-15-2 of this chapter.
      6.   The applicant, president of the organization, or equivalent, and/or the executive director of the organization, or equivalent, shall submit to fingerprinting and/or a criminal background check at the discretion of the chief of police, providing that fingerprinting may not be required more than once per year.
      7.   The licensee shall obtain and maintain liability and dramshop insurance covering the licensee and the owner or tenant in possession of the premises if different from the licensee for the duration of the event.
   G.   Class G - Special Use Licenses: Class G licenses authorize a person who has an existing local and state retailer liquor license to transfer a portion of its alcoholic liquor inventory from its licensed retail premises to a designated site for a specific event and to sell or offer for sale at retail, only on the premises specified in the license, the transferred alcoholic liquor in original packages or for consumption on the premises, but not for resale in any form, with live entertainment, if live entertainment is identified in the application and is approved with the license. There is no limit to the number of special use licenses that can be issued with city council approval, but special use licenses shall be limited to no more than fourteen (14) days in the aggregate to any individual retail licensee in a year. The special use license shall be valid only for a period of fifteen (15) hours during the hours of sale for alcoholic liquor as provided in section 3-3-20 of this chapter. The following conditions shall apply to special use licenses:
      1.   The applicant must identify the day or days and the premises for which the applicant seeks the license and must obtain a valid state of Illinois special use permit liquor license for each day, a copy of which must be filed with the city prior to the event and any sale of alcoholic liquor.
      2.   Each special use license must be approved by the city council.
      3.   An applicant who does not have a local liquor license issued by the city of Batavia shall submit to fingerprinting and/or a criminal background check if required by the chief of police.
      4.   Every special use licensee shall comply with the provisions of section 3-3-15-1 of this chapter.
      5.   No sale or consumption of alcohol shall take place outdoors unless the applicant complies with the provisions in section 3-3-15-2 of this chapter.
      6.   The licensee shall obtain and maintain liability and dramshop insurance covering the licensee and the owner or tenant in possession of the premises for the duration of the event.
      7.   Class G licenses are divided into the following subclasses:
         a.   Class G-1 Single Event License: A class G-1 license applies to a single event beginning and ending on the same day.
         b.   Class G-2 Series Event License: A class G-2 license applies to an event or series of events that consist of two (2) or more consecutive days or nonconsecutive days.
   H.   Class H - Brewery Licenses: Class H licenses authorize a person having a valid state brewpub license or craft brewer license to sell beer that is brewed on the premises or brewed and transferred on to premises as permitted by the state liquor code to the public at retail for consumption on the premises or in packages for consumption off premises. Each brewery location in the city, even if owned by the same person(s), must have a separate class H brewery license to sell beer at retail on each premises where beer is sold at retail. Class H licenses are divided into the following subclasses:
      1.   Class H-1 microbrewery 1 license is not limited as to the volume of retail or nonretail sale, except as limited by state law;
      2.   Class H-2 microbrewery 2 license, limited to the sale at retail up to fifteen thousand (15,000) gallons of beer on the premises in one year (without limit as to nonretail sale); and
      3.   Class H-3 nanobrewery license, limited to the sale at retail of up to two thousand five hundred (2,500) gallons of beer on the premises in one year (without limit as to nonretail sale).
   I.   Class I - Caterer License: Class I licenses authorize a caterer to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or off site whether licensed or unlicensed.
   J.   Class J - Theater Licenses: Class J licenses authorize a movie or live theater in which the primary business is the sale of movies or live performances for public viewing and non-alcoholic concessions to sell alcoholic liquor at retail for consumption only on the premises to subject to the following terms and conditions:
   1.   Alcoholic liquor may be sold only in the lobby at a designated place separate from the general concession area, except that alcoholic liquor may be sold at temporary bar locations in specific auditoriums, rooms or ancillary lobbies that are closed off for private parties.
   2.   Alcoholic liquor may only be served by persons who have been trained as provided in Section 3-3-28, and sales shall be limited to patrons who have:
      a.   Purchased a ticket for the movie or performance;
      b.   Proven they are of drinking age by appropriate State ID; and
      c.   Displayed a tamper-proof wristband that is valid only for the date that is issued applied by an agent of the licensee who has verified the patron's age. (This provision does not apply for shows that are limited to people aged twenty one (21) and older or for which children must be accompanied by an adult).
   3.   The sale of alcoholic drinks is limited to:
      a.   One (1) drink per person per visit to the area where alcoholic liquor is served;
      b.   Beer, wine or mixed drinks that include, in part, some non-alcoholic liquid;
      c.   Clear plastic cups that are distinctly different from the cups used for non-alcoholic beverages (no drinks in cans or glass are allowed). (The requirement of distinctly different cups for alcoholic beverages does not apply for shows that are limited to people aged twenty one (21) and older or for which children must be accompanied by an adult).
   4.   Consumption of alcoholic liquor shall be limited to the main lobby area, party/meeting rooms, promenade, and auditoriums where the movies or performances are viewed. No alcohol consumption shall be permitted within ten feet (10') of the main entry and the exits to the building, and signage shall be prominently posted consistent with this limitation.
   5.   Alcoholic liquor shall not be removed from the premises, and signs prohibiting the removal of alcoholic liquor shall be prominently posted at all exits to the theater.
   6.   The sale of alcoholic liquor shall be limited to the regular hours that alcoholic liquor may be sold in the City and shall be further limited as follows:
      a.   Alcoholic liquor may not be sold any earlier than one (1) hour before the first movie or performance is advertised to start and not later than one (1) hour before the last movie or performance is advertised to finish, except for private rentals and events.
      b.   Alcoholic liquor may not be consumed in an auditorium in which a G or PG movie is showing before eight o’clock (8:00) P.M.
   7.   "Happy hour" and similar promotions or practices are prohibited.
   K.   Class K - Park District Licenses: Class K licenses authorize an entity organized under the laws of the state of Illinois as a public park district to sell or allow the sale of alcoholic liquor at retail for consumption on the premises only of property owned by the park district subject to the following terms and conditions.
      1.   The sale and consumption of alcoholic liquor shall be allowed only within the building designated in the liquor license, which shall be a structure with four (4) walls, a ceiling and a bathroom.
      2.   Every park district property on which buildings are present shall be eligible for a liquor license, except for the Quarry Park, and any other facility that includes a pool, water park, or similar attraction, provided that each separate property shall require its own liquor license.
      3.   Any third-party liquor retailer or other non-profit organization that sells alcoholic liquor for consumption on the premises must have its own city liquor license.
      4.   Liquor may only be sold and consumed on the premises during the hours that the premises is open to the public, or, in the case of private parties scheduled on the premises, when an employee or agent of the particular park district who is BASSET-trained is responsible for supervision of the premises, but in no event shall alcoholic liquor be sold or consumed on the premises outside the hours allowed in section 3-3-20.
      5.   One application may be filed for multiple Class K - Park District licenses providing that the application designates each separate premise for each license and includes a drawing of each premise showing the areas on the premises on which alcoholic liquor will be sold and consumed, and provides all other required information relevant to each license in the application.
      6.   All of the general requirements of this chapter pertaining to liquor shall apply to Class K - Park District licenses except as specifically modified by this division.
   L.   Class L - Accommodation Facility: Class L licenses authorize the retail sale of alcoholic liquors for consumption on the premises only where the primary business or purpose is not the sale of liquor or the sale of food, but the sale of food and liquor is ancillary to temporary lodging or permanent sleeping accommodation. Class L licenses on the following terms and conditions:
      1.   Alcoholic liquor may be sold in open containers or packages from a bar, lobby, conference room, restaurant and/or banquet facility, but only for consumption on the premises;
      2.   Alcoholic liquor may be delivered to and maintained and consumed in individual rooms by registered residents, guests and their invitees;
      3.   Alcoholic liquor may be sold in packages placed in refrigerator units (“minibars”) in rooms, provided that the refrigerator units are locked in temporary lodging rooms and keys may only be given to guests who are at least twenty-one (21) years of age; and
      4.   The Accommodation Facility licenses are divided into the following subclasses:
         a.   Class L-1 (Senior Living Facility) licenses authorize the retail sale of alcoholic liquors for consumption in a facility for which the primary use is permanent senior living;
         b.   Class L-2 (Hotel/Motel) licenses authorize the retail sale of alcoholic liquors for consumption in a facility for which the primary use is a hotel/motel as defined in this Chapter, excluding bed and breakfast facilities; and
         c.   Class L-3 (Bed and Breakfast) licenses authorize the retail sale of alcoholic liquors for consumption in a facility for which the primary use is a bed and breakfast as defined in Section 3-11-1 of the Batavia Municipal Code. (Ord. 13-16, 4-1-2013; amd. Ord. 15-17, 4-20-2015; Ord. 15-27, 7-20-2015; Ord. 16-19, 4-18-2016; Ord. 16-58, 9-19-2016; Ord. 16-62, 10-17-2016; Ord. 16-65, 11-7-2016; Ord. 19-48, 7-15-2019; Ord. 20-14, 2-17-2020; Ord. 21-09, 2-15-2021)