A. Peddling: No person shall peddle alcoholic liquor in the village.
B. License To Sell: No person shall sell or permit the sale, use or consumption of any alcoholic liquors in the village without first having obtained a license to sell such liquors in each location, place, or premises wherein it is proposed by a prospective licensee to sell such liquors.
C. Bringing Alcohol On The Premises: Except as otherwise provided in this chapter, cabarets, nightclubs, dance halls, and places in which entertainment is provided and which are not part of a premises licensed hereunder, are prohibited from allowing patrons to bring upon the premises alcoholic beverages to be there served or consumed by said patrons.
1. Where two (2) or more locations, places or premises are under the same roof, or, are located at one street address, a separate license shall be obtained for each such location, place or premises, unless all rooms in which it is intended to serve alcoholic liquors are directly connected or are adjacent to, and accessible to each other without leaving the building. Each licensee shall define with certainty the room or rooms in which liquor is to be sold.
2. The provision of subsection C1 of this section shall not apply to locations, places or premises for which a class H license or class I license is required, is sought, or has been issued. In such cases the class H or I license shall be sufficient for all such locations, places or premises so situated, or any part thereof.
D. Selling Alcohol At A Place Other Than That Listed On The License: No person licensed to sell liquor under any license issued by the liquor commissioner shall be permitted to sell, give away, or otherwise dispose of alcoholic liquor at any place other than the place specifically described in his license whether such place be in the same building or not; provided, that nothing herein contained shall be so construed as to prevent any hotel operator, or motel operator licensed under this chapter from serving alcoholic liquor to registered guests of the hotel, or motel in any room or part of the hotel or motel. However, such liquor so served shall be kept in and served from a licensed location, place or room in said hotel or motel. The foregoing provisions shall apply only to hotels and motels conducted and maintained as such.
E. Sales: No licensee under this chapter shall sell or offer for sale alcoholic liquor to any person under the age of twenty one (21), or to any intoxicated person, or to any person known by him or her to be under legal disability or in need of mental treatment, or harbor or permit any intoxicated persons to loiter on the premises described in the license or permit any conduct which shall tend to disturb the peace and quiet of the neighborhood, or the premises. No holder of a retail liquor dealer's license or his agent or employee shall deliver any beer, wine or other alcoholic liquor to any place off the premises of the licensee unless an adult shall sign the delivery receipt and receive the beer, wine or other alcoholic beverage personally from the delivery man.
F. Public Consumption: It shall be unlawful for any person to consume any "alcoholic liquor", as defined by this chapter, or any beer upon or about the following places: 1) any street, sidewalk or public thoroughfare within any area zoned in a business district as defined by the zoning ordinance within the village limits, except to the extent the village waives the enforcement of this section pursuant to a request by a licensee to sell or offer for sale alcoholic beverages at an outdoor dining cafe. As a condition of being granted this waiver, the licensee shall comply with all requirements imposed by the village regarding screening, sound amplification and location. The licensee shall also comply with all insurance requirements pursuant to subsection 5.16.060D of this chapter and shall make the village an additional insured party under the licensee's certificate of insurance. This exception shall only be available to retailers that derive their principal business from the sale of services or commodities other than alcoholic beverages.
G. Prohibitions:
1. It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the village, at which alcoholic beverages are offered for sale for consumption on the premises, to permit or allow the following activity to be conducted on the premises of such a commercial establishment, all of which activity is defined in section 5.20.010 of this title: "adult bookstore", "adult entertainment cabaret", "adult motion picture theater", "adult use", "specified anatomical areas", or "specified sexual activities".
2. It shall be unlawful for any establishment defined as an "adult use" pursuant to section 5.20.010 of this title to sell, distribute or permit beer or alcoholic beverages on the premises.
3. Employees shall not have bodily contact with patrons and patrons shall not be permitted to purchase beverages for employees. For purposes of this subsection, the term "employees" shall include independent contractors performing services on the licensed premises and employees of any independent contractors performing services on the licensed premises.
4. No person shall operate, or attempt to operate any premises for the sale of alcoholic beverages for which the license has been revoked, for any cause, for the period of one year after such revocation.
5. Nothing in this chapter shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor; provided, that such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale of alcoholic liquors.
6. No licensee, nor any officer, associate, member, representative, agent, or employee of such licensee shall permit anyone to carry, possess, or discharge any firearm, stun gun, laser, or other deadly weapon on or about said licensed premises or grounds thereon; except, that the owner or licensed manager, with a valid firearm permit, may keep such firearm on said premises.
H. Prohibition Of Disturbance Of The Peace, Fighting Or Other Criminal Activities:
1. For purposes of this section, licensee shall include "individually or through his or her agents or employees".
2. It shall be unlawful for any licensee to allow intoxicated persons to loiter on or about that part of the licensed premises, which part is in use by or in view of the general public, or permit any conduct which may tend to disturb the people or quiet of the neighborhood or the premises.
3. Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting and/or other criminal activities. When the licensee knows or reasonably should know that a fight or other criminal activity is occurring on the licensed premises, the licensee shall call the Lake County sheriff's department to report such activity. In the event a patron is injured on the licensed premises, the licensee shall call 9-1-1 and report such activity immediately.
4. The duty to prevent fighting shall be applicable both to precautionary measures and to the steps taken once a fight breaks out or is in imminent danger of breaking out. If a fight does occur, the local liquor commissioner shall have the right to conduct a hearing to consider the circumstances surrounding the fight pursuant to sections 5.16.230 and 5.16.270 of this chapter. At such hearing, the local liquor commissioner may consider the following matters, including, but not limited to:
a. Prior incidents of reported or unreported fighting.
b. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the licensed premises.
c. Whether any participant was served by the licensee after the participant's intoxication should have been evident to the licensee.
d. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person's removal from the premises.
e. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent.
f. The actions of the licensee in reacting to the fight.
g. The extent and type of training given to the licensee's agents and employees in such matters as recognizing intoxication, overserving and prevention of altercations.
h. Whether minors were involved in the fighting.
i. Whether any patrons or other persons were injured and the extent of such injuries.
j. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight.
5. The licensee shall notify the Lake County sheriff's department immediately when the licensee knows, or in the exercise of ordinary judgment should know, that a fight or any other criminal activity is occurring or is imminent. In addition, within forty eight (48) hours of the occurrence, the licensee shall file with the local liquor commissioner a report containing the following information:
a. The number of persons involved in the fight or other criminal activity.
b. The approximate amount of alcohol consumed at the licensed premises by each person involved in the fight or other criminal activity.
c. What action, if any, was taken by the licensee to prevent the fight or other criminal activity.
d. What action, if any, was taken by the licensee subsequent to the start of the fight or other criminal activity.
6. Failure by the licensee to give immediate notification to the Lake County sheriff's department of a fight or other criminal activity on a licensed premises or failure to file a report as required in subsection H3 of this section with the local liquor commissioner shall subject the licensee to the fines outlined in subsection 5.16.230C of this chapter and/or possible suspension or revocation of the licensee's liquor license. For purposes of this section, the word "immediate" shall refer to such time as one party threatens another or actually commences fighting with another party.
I. Prohibition Of Gambling: It shall be unlawful for any licensee hereunder to permit or allow any gambling or betting of any money in or about the licensed premises or to permit or allow any slot machines or any vending machines on or about the licensed premises which slot machines or vending machines either directly or indirectly involve the element of chance. Provided, however, video gaming which complies with the licensing regulations of chapter 5.18 of this title shall be exempt from the prohibitions of this section.
J. Restrictions Upon Sound Amplification: It shall be unlawful for any licensee to permit or allow any noise or sound to be amplified outside the bounds of a structure on the premises if a residence is within five hundred feet (500') of the premises.
K. Obstruction Of Justice: It shall be unlawful for any licensee, individually or through his or her agents or employees, to prevent the apprehension or obstruct the prosecution of any person. Obstruction of justice shall include: 1) failure to notify the authorities in the event of an emergency or accident; 2) failure to cooperate with investigating authorities regarding violations of the liquor control act, Illinois criminal code or village ordinances; 3) destroying, altering, concealing, or disguising physical evidence; and 4) planting false evidence, or furnishing false information in relation to an investigation on the licensed premises.
L. Violation: If the liquor commissioner finds a violation of any portion of this section said violation shall be grounds for a suspension or revocation of a liquor license. (Ord. 2014-O-05: Ord. 2010-O-15 § 1: Ord. 2007-O-03 § 1: Ord. 2006-O-14 § 1)