Where a new liquor license has been requested between the months of January 1 and June 30, the initial fee shall be prorated to fifty percent (50%) of the initial fee; however, that proration will not apply to the nonrefundable application fee.
A. Class A Licenses: The initial fee for the first license year under this chapter or any part thereof, shall be as provided in the fee schedule of the village, as amended, and shall permit the holder to sell intoxicating liquors to be consumed only on the premises so licensed, and in the original package for consumption off the premises. Any display area of alcoholic liquor for retail sale in the original package shall not exceed eighteen (18) square feet on the premises so licensed, and no advertising of retail sales of package goods shall be carried on, other than the price of the package being attached to the display area. The annual renewal fee for such licensee shall be as provided in the fee schedule of the village, as amended.
B. Class B Licenses: Holders of a class A, G, H or J license may apply for a class B license to operate, outside the structure designated for such sale, upon those premises, a beer garden, or area for use of umbrella, or cabana type structures for serving alcoholic liquors at retail. Such license may be issued pursuant to written application, after a hearing before the liquor commissioner and payment of an additional annual fee as provided in the fee schedule of the village, as amended.
C. Class C Licenses: The initial fee for the first license year or any part thereof, shall be as provided in the fee schedule of the village, as amended and shall permit the holder to sell at retail but not for consumption on the premises where sold, alcoholic liquor in the original package, and without any limitation of inside display area or advertising by a person so engaged in the retail sale of alcoholic liquor. The annual renewal fee for such licensee shall be as provided in the fee schedule of the village, as amended.
D. Class D Licenses: A fee shall be charged as provided in the fee schedule of the village, as amended. A class D license permits the sale of liquor during a twenty four (24) hour period on the licensed premises and shall only be available to not for profit organizations registered with the state of Illinois. An unlimited number of class D permits may be issued, but no organization shall be granted more than three (3) permits during the calendar year without permission from the liquor commissioner.
E. Class F Licenses: The initial fee for a class F license shall be as provided in the fee schedule of the village, as amended and shall permit the holder to sell, at retail sale, but not for consumption on the premises, beer and wine in the original package only. No such sale shall be made on behalf of the licensee by an employee or agent who is under the age of twenty one (21) years. No class F license holder shall stock, store or otherwise maintain on, or in, the licensed premises any distilled spirits. The annual renewal fee shall be as provided in the fee schedule of the village, as amended. Such class F license may be issued only to premises which principal use is operated as a gasoline station, including what is commonly referred to as a minimart, which includes the retail sale of gasoline and retail sale of groceries and packaged food products.
F. Class G Licenses: The initial fee for a class G license shall be as provided in the fee schedule of the village, as amended and shall permit the holder to sell, deal or traffic beer and wine to be consumed only on the premises so licensed. Such class G license authorizes the incidental retail sale for consumption on premises of beer and wine and where the principal business is other than the retail sale of beer and wine. The sale of the services these businesses provide must constitute a minimum of seventy percent (70%) of the gross receipts from meal services or other products or services which do not include retail sales of beer or wine for consumption on the licensed premises. For purposes of this section, "gross receipts" is defined as the total amount in dollars of all retail sales of the business upon the licensed premises, excluding sales tax, gratuities and credit card fees. The class G license holder shall maintain on the licensed premises records conforming to generally accepted accounting practices, showing all gross receipts and clearly setting forth those receipts attributable to services and those attributable to liquor. Said records shall be made available for inspection by the liquor commissioner or his designee upon reasonable request, and shall be sworn to under penalty of perjury if so requested by the liquor commissioner. The annual renewal fee for such license shall be as provided in the fee schedule of the village, as amended.
G. Class H Licenses: The initial fee for the first license year or any part thereof, shall be as provided in the fee schedule of the village, as amended. Class H licenses shall be issued in situations where two (2) or more locations, places or premises, one of which qualifies as a C licensed premises and the other as an A licensed premises, are physically located under the same roof or at one street address. Such class H license shall define with certainty the portion of licensed premises designated for retail package liquor sales. The holder of such class H license shall require the several portions of the licensed premises to conform to all laws, ordinances and regulations applicable to the respective license for those portions. The annual renewal fee for a class H license shall be as provided in the fee schedule of the village, as amended. Licensees who have, as of the effective date hereof, previously paid an initial fee for both an A and C license, and who thereafter seek a class H license for the same premises previously licensed A and C, shall be required to pay a fee as provided in the fee schedule of the village, as amended.
H. Class I Licenses: The holder of a class I license shall be permitted to: 1) sell and deliver alcoholic liquors, including package liquors, anywhere on the licensed premises for consumption either indoors or outdoors anywhere on the licensed premises; 2) allow other persons to bring alcoholic liquors for consumption either indoors or outdoors anywhere on the licensed premises; and 3) allow other persons to sell and deliver alcoholic liquors, including package liquors, for special events anywhere on the licensed premises for consumption either indoors or outdoors anywhere on the licensed premises; provided, that such persons have first obtained a special events retailer's liquor license from the state of Illinois. Class I licenses shall be limited to premises owned by a unit of local government and operated as a golf course, with related facilities and structures. The initial fee for a class I license shall be as provided in the fee schedule of the village. The annual renewal fee shall be as provided in the fee schedule of the village, as amended.
I. Special Events: Special events, which include, but are not limited to, picnics, dinner dances, fundraisers, outdoor concerts, outdoor events involving disc jockeys, auctions, indoor or outdoor sponsored events, outdoor events involving tents (i.e., outdoor food preparation/serving, outdoor disc jockeys/bands, etc.) which involve the sale of alcohol shall be subject to the following:
1. Special Event Liquor Permit Required: The liquor commissioner may grant a special event liquor permit to any licensee, educational, fraternal, political, civic, religious or nonprofit organization authorizing the sale of alcohol at any permitted special event pursuant to chapter 5.24 of this title and subject to the conditions in this section. An application for a special event liquor permit shall be submitted not less than thirty (30) days prior to the special event. The special event liquor permit fee shall be as provided in the fee schedule of the village, as amended, and payable by the applicant upon the issuance of the event permit. The following restrictions are applicable for special event liquor permits:
a. No more than two (2) such special event liquor permits shall be issued to any one organization, club or licensee during any one year period. An applicant may request relief from this requirement from the liquor commissioner.
b. All sales and consumption pursuant to a special event liquor permit issued in accordance with this section shall comply with all applicable building codes and life/safety codes, including, but not limited to, provisions dealing with entries and exits.
c. Any alcohol sold pursuant to a special event liquor permit must be consumed within the area described in the permit.
d. All sales and consumption pursuant to the special event liquor permit shall be conducted only during the hours specified in the permit.
e. Unless specifically provided otherwise, all requirements of this chapter shall apply to permits granted under this section.
f. In addition to the information required in section 5.24.040 of this title, the applicant shall provide a site plan or map, drawn to scale, showing the location of structures, improvements, parking areas and other features that exist or are proposed on the site. The parking layout shall also include a delineation of individual parking stalls and bays intended to accommodate the event attendees. No off site parking shall be utilized.
g. Evidence of approval from the Lake County health department regarding arrangement for temporary sanitary facilities and when food is being sold (outdoor events).
h. No temporary structures (i.e., tents) shall be erected unless a building permit has been issued and an inspection has been made by the building and zoning administrator. All temporary structures shall be located at least four feet (4') from any building or structure on the subject property, and shall not encroach into any required landscaping.
i. No permanent or temporary lighting and/or electrical connections shall be installed without an electrical permit, inspection and approval by the building and zoning administrator, or his designee.
j. If required by the building and zoning administrator, access approval from the highway authority having jurisdiction over the subject road shall be provided prior to the event.
k. Traffic control shall be arranged by the applicant with the Lake County sheriff's department.
l. Noise levels shall not exceed sixty (60) dBA (slow meter response) at the property line of any abutting property.
m. Temporary signs are prohibited.
n. The applicant shall obtain insurance as provided in chapter 5.24 of this title.
o. By applying for a special event liquor permit, the applicant agrees to indemnify and hold the village harmless for any and all claims which arise out of the special event.
p. If any portion of the special event occurs outside, the site shall be cleared of all debris within twenty four (24) hours of the end of the event and cleared of all temporary structures within three (3) days after closing the event. A cash bond, determined by the Building and Zoning Administrator and based upon the estimated cost of cleanup and site restoration, shall be deposited with the Village to ensure cleanup after the special event.
q. The Liquor Commissioner may attach additional conditions to a special event liquor permit which he feels are necessary to protect the health and safety of the Village.
2. Suspend, Revoke Or Modify Permit: The Liquor Commissioner has the authority to suspend, revoke or modify a special event liquor permit immediately upon determination that the conditions and requirements set forth in the permit have been violated. Written notice of the Liquor Commissioner's determination to suspend, revoke or modify the permit shall be promptly provided to the applicant.
3. Denial Of Permit: The Liquor Commissioner has the authority to deny a special event liquor permit to any applicant who owns, applied for or otherwise caused an uncorrected violation of any provision of this Code, including any condition attached to a permit or approval previously granted by the Village.
J. Class J Licenses: The initial fee for a Class J license shall be as provided in the fee schedule of the Village, as amended, and shall permit the holder to sell at retail alcoholic liquor only for consumption on the premises where sold. To qualify for a Class J license a business must have a kitchen on the licensed premises, must serve food to be eaten on the licensed premises, and must have seating at tables for patrons. A bar may be permitted adjacent to any dining room licensed by this category. The number of seats at the bar shall be limited to fifty percent (50%) of the total seating capacity of the dining room. The bar area shall be shielded from direct view of the dining room by means of a partition or blinds. The design and layout of the shielding shall be approved by the Village Building and Zoning Administrator during the final inspection prior to the issuance of a license to operate. The sale of food to be consumed on the premises must constitute at least fifty percent (50%) of the business' gross receipts. "Gross receipts" are defined as the total amount in dollars of all receipts of the business, excluding Sales Tax, gratuities and credit card fees. The licensee shall maintain on the licensed premises records conforming to generally accepted accounting practices, showing all gross receipts and clearly setting forth those receipts attributable to food and those attributable to alcoholic liquor. Said records shall be available for inspection by the Liquor Commissioner or designee upon reasonable request, and shall be sworn to under penalty of perjury if so requested by the Liquor Commissioner. The annual renewal fee for a Class J license shall be as provided in the fee schedule of the Village, as amended.
K. Class M Licenses: The initial fee for a Class M license shall be as provided in the fee schedule of the Village, as amended and shall permit the holder to manufacture alcohol through fermentation, to be sold to distributors, members and retail basis. The Class M license holder must submit a schedule to the Liquor Commissioner of their intent to open for retail business and the days that the retail business will be in operation. On- site retail sales and on-site consumption shall be permitted between the hours of ten o'clock (10:00) A.M. to eight o'clock (8:00) P.M. unless a special event permit has been applied for and granted by the Liquor Commissioner for extended hours. Special event permits attendant to a Class M license and shall be limited to no more than two (2) per month. The fee for a special event permit shall be as provided in the Village fee schedule. Such Class M license also authorizes the incidental retail sale and on-site consumption of off-premises manufactured wine or mead during the hours of ten o'clock (10:00) A.M. to eight o'clock (8:00) P.M. On-site consumption sales shall account for no more than fifteen percent (15%) of the licensee's gross receipts. All retail sales and on-site consumption must take place within the confines of the building, unless a special event permit has been applied for and granted by the Liquor Commissioner. For purposes of this section, "gross receipts" is defined as the total amount in dollars of all sales of the business transacted from the licensed premises, excluding Sales Tax, gratuities and credit card fees. The Class M license holder shall maintain on the licensed premises records conforming to generally accepted accounting practices, showing all gross receipts and clearly setting forth those receipts attributable to on-site consumption, retail off-site sales and wholesale sales. Said records shall be made available for inspection by the Liquor Commissioner or his designee upon reasonable request, and shall be sworn to under penalty of perjury if so requested by the Liquor Commissioner. The annual renewal fee for such license shall be as provided in the fee schedule of the Village, as amended. A Class M license shall not be issued unless the applicant, or its successors and assigns, have entered into a written agreement with the Village which provides that the Class M applicant shall not seek, nor accept, a "video gaming license" under the provisions of the Illinois Video Gaming Act 1 , as amended. (Ord. 2017-O-30: Ord. 2017-O-10: Ord. 2016-O-16: Ord. 2016-O-15: Ord. 2015-O-29: Ord. 2015-O-23: Ord. 2014-O-36: Ord. 2012-O-26: Ord. 2011-O-14: Ord. 2009-O-40 § 1: Ord. 2007-O-63 § 1: Ord. 2006-O-14 § 1; Ord. 2022-O-2 § 2)
Notes
| 1 | 1. 230 ILCS 40/1 et seq. |