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CHAPTER 121: ALCOHOLIC BEVERAGES
Section
General Provisions
   121.01   Definitions
   121.02   License required
   121.03   Applications
   121.04   Prohibited licensees and locations
   121.05   Number and nature of licenses
   121.06   License classifications, fees, numbers
   121.07   Closing hours
   121.08   Specialty licenses
   121.09   Renewal and assignment
   121.10   Dramshop insurance
   121.11   Disposition of fees
   121.12   Location
   121.13   Display of license
   121.14   Revocation of license
Prohibited Behavior
   121.25   Gambling
   121.26   Disorderly house
   121.27   Sales to minors, drunkards and the like
   121.28   Underaged sales
   121.29   Consumption in public places
   121.30   Open view into interior
 
   121.99   Penalty
Cross-reference:
   Convenience Stores, see §§ 118.15 through 118.27
   Food vendors, see § 118.02
   General Offenses, see Title XIII
   Lodging Businesses, see Ch. 117
   Restaurants, see § 118.01
GENERAL PROVISIONS
§ 121.01 DEFINITIONS.
   Terms used in this chapter shall have the meanings set forth in 235 ILCS 5 for such terms.
(1960 Code, § 21-1-1)
§ 121.02 LICENSE REQUIRED.
   It shall be unlawful to sell or offer for sale at retail in the city, or for a retailer to deliver in the city any alcoholic liquor without having a retail liquor dealer’s license, or in violation of the terms of such license.
(1960 Code, § 21-1-2) Penalty, see § 121.99
§ 121.03 APPLICATIONS.
   (A)   Application for a retail liquor dealer’s license shall be made to the Mayor as Local Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by a duly authorized agent, if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
      (1)   The name, age and address of the applicant in the case of an individual, and in the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation or club is owned by one person or his nominees, the name and address of such person;
      (2)   The citizenship of the applicant, his or her place of birth and, if a naturalized citizen, the time and place of his or her naturalization;
      (3)   The character of the business of the applicant and, in case of a corporation, the objects for which it was formed;
      (4)   The length of time that the applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
      (5)   The amount of goods, wares and merchandise on hand at the time application is made;
      (6)   A statement whether applicant has made similar application for a similar other license on premises other than described in his or her application and the disposition of such application;
      (7)   A statement that applicant has never been convicted of a felony, and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of the state or the ordinances of the city;
      (8)   Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor; and
      (9)   A statement that the applicant will not violate any of the laws of the state, or the United States, or any ordinance of the city in the conduct of his or her place of business.
   (B)   An application for a person who is a first time applicant for a liquor license shall pay an application fee of $750.
(1960 Code, § 21-1-3) (Ord. 6762, passed 8-1-2005; Ord. 8176-2018, passed 3-19-2018)
§ 121.04 PROHIBITED LICENSEES AND LOCATIONS.
   (A)   No retail liquor dealer’s license shall be issued to:
      (1)   A person who is not a resident of the city;
      (2)   A person who is not of good character and reputation in the community;;
      (3)   A person who is not a citizen of the United States;
      (4)   A person who has been convicted of a felony under any federal or state law, unless the Local Liquor Control Commissioner determines, after investigation, that such person has been sufficiently rehabilitated to warrant the public trust;
      (5)   A person who has been convicted of being the keeper of or is keeping a house of ill fame;
      (6)   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;
      (7)   A person whose license issued under this chapter has been revoked for cause;
      (8)   A person who, at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
      (9)   A co-partnership unless all of the members of such co-partnership shall be qualified to obtain such license;
      (10)   A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision;
      (11)   A person whose place of business is conducted by a manager or agent unless the manager or agent possess the same qualifications required by the licensee except residency; provided that for persons requesting or holding a Class “A” license, such manager or agent shall reside in Belleville or within five miles of the city limits;
      (12)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor subsequent to 2-6-1934, or shall have forfeited his or her bond to appear in court to answer charges for any such violation;
      (13)   A person who does not own the premises for which a license is sought, or does not have a lease therefor, for the full period for which the license is to be issued;
      (14)   Any law enforcing public official, Mayor or member of the City Council; and no such official shall be interested in any way, either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor;
      (15)   Any person, association or corporation not eligible for a state retail liquor dealer’s license; or
      (16)   Any person, association or corporation operating or seeking to operate an establishment that derives more than 50% of its gross monthly revenues from licensed video gaming under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). At any time during a liquor license period or prior to the renewal of a liquor license, the Mayor may order the licensee to produce his, her or their accounting records to determine if the licensee remains eligible for a liquor license under this section. Ineligibility under this section, or the failure of the licensee to produce said records to the Mayor upon request, shall result in the automatic revocation of a liquor license.
(1960 Code, § 21-1-4)
   (B)   (1)   No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station; provided that, this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or to restaurants, food shops or other places where the sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale of retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Notwithstanding the foregoing, the Mayor may grant an exemption to the restrictions of this division (B)(1) consistent with § 6-11 of the Illinois Liquor Control Act of 1934 (235 ILCS 5/6-11).
      (2)   Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any 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 or consumption of alcoholic liquors.
(1960 Code, § 21-1-5)
(1960 Code, § 21-1-5) (Ord. 3175, passed 10-29-1973; Ord. 4101, passed 10-1-1984; Ord. 6772, passed 9-19-2005; Ord. 7784, passed 6-17-2014; Ord. 7886, passed 8-17-2015; Ord. 9040-2022, passed 5-2-2022; Ord. 9224-2023, passed 11-20-2023)
§ 121.05 NUMBER AND NATURE OF LICENSES.
   (A)   (1)   The total number of licenses to be issued under this chapter shall be as hereinafter set forth.
      (2)   A restriction upon the number of licenses shall not limit the right to the renewal of any existing license, nor to the issuance of the license to the purchaser of or lessor of an established licensed business as a going concern, nor to the issuance of a license to an operator of an established liquor business at a different location; provided, such licenses do not increase the number of licenses in existence; nor to the issuance of a license to the purchaser of, lessor of, or lessee of, a business where the license has been revoked and not restored.
      (3)   No person, firm or corporation shall operate no more than two liquor establishments. This division (A) shall not apply to Class B and C licenses.
      (4)   The restrictions contained in this division (A) shall in no way affect taverns and other businesses holding retail liquor licenses, duly licensed by the county or other municipalities which are located in territory annexed to the city. Licenses may be issued to them by the duly constituted authorities upon annexation; provided that, thereafter all of the restrictions contained in this division (A) shall apply to the contingencies herein set forth.
      (5)   (a)   No license shall be held in existence by the mere payment of fees by any person, firm or corporation, for a longer period than 90 days, without a tavern or liquor business for same being in full and complete operation, except as hereinafter provided.
         (b)   In those cases where the 90-day period, as stated in division (A)(5)(a) above has expired, the Mayor, as Local Liquor Control Commissioner, may extend the period of time for which a license may be held by the payment of fees without the tavern or liquor business being in full and complete operation, beyond such 90-day period. Such extension may be granted by the Mayor when the following conditions exist:
            1.   Where the building housing a tavern or liquor business has been destroyed or damaged by fire or act of God and cannot be rebuilt or repaired within the 90-day period. Such extension shall be for a period of time as is determined to be reasonable to complete the required rebuilding and repair;
            2.   Where building, remodeling or construction of facilities to house a tavern or liquor business is delayed through no fault of the licensee, and upon presentation of affidavits, plans, contracts for the work to be performed, and any other evidence required by the Mayor, showing the reason for the delay, the Mayor may extend the period of time for which a license may be held by the payment of fees without the tavern or liquor business being in full and complete operation. The extension, if granted, shall be for such period of time as is determined to be reasonable to complete the building, remodeling or constructing; and
            3.   In no case may any license so extended by the Mayor for the reasons stated in divisions (A)(5)(b)1. and (A)(5)(b)2. above be assigned, and such license shall expire immediately if the rebuilding, repair, building, remodeling or construction as contemplated by divisions (A)(5)(b)1. and (A)(5)(b)2. above is abandoned by the licensee during any period of extended time. A license so expired shall not be subject to renewal unless all of the requirements of this division (A) shall have been met.
(1960 Code, § 21-1-6)
   (B)   (1)   A license issued under this chapter shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter authorized and provided and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Except, however, that, upon the death of a licensee who is the holder of a current paid license that is not pending revocation, the heir or heirs by either testate or intestate succession may require reissuance of said license in such heir’s name unless such heir elects not to continue business under such license.
      (2)   Then, in that event, executors and administrators of any estate of the deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the court having jurisdiction of such estate and may exercise the privileges of such deceased, insolvent or bankrupt licensee, after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operation under such license, in accordance with the provisions of this division (B).
(1960 Code, § 21-1-7)
(Ord. 2581, passed - -; Ord. 2697, passed - -; Ord. 2853, passed - -; Ord. 3319, passed 10-20-1975; Ord. 4479, passed 1-18-1988)
§ 121.06 LICENSE CLASSIFICATIONS, FEES, NUMBERS.
   (A)   Generally. Such license shall be divided into the following classes:
      (1)   (a)   Class “A-1”, which shall permit the retail sale of alcoholic liquor for consumption on or off the premises where sold and not for resale in any form. The annual fee for such license shall be $700. No Class “A-1” license shall be issued except to a licensee who actually sells at retail alcoholic liquor for consumption both on and off the premises where sold;
         (b)   Class "A-2", which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold and not for resale in any form. The annual fee for such license shall be $700. No Class "A-l" license shall be issued except to a licensee who actually sells at retail alcoholic liquor for consumption both on and off the premises where sold;
         (c)   The total number of Class "A-l" and Class "A-2" licenses shall not exceed 53, collectively.
      (2)   (a)   Class “B”, which shall permit the retail sale of alcoholic liquor for consumption on the premises of restaurants, but not for consumption off the premises of restaurants and not for resale in any form. For the purpose of this Class “B” license, a RESTAURANT is defined to mean a public place kept, used, maintained, advertised and held out to the public, where meals are served and where meals actually are served and regularly served, without sleeping accommodations; such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable foods for its guests; it is further provided that a restaurant as herein defined shall mean an establishment which derives more than 50% of its gross sales from the sale of food. The annual fee for such license shall be $700. There shall be no limit on the number of Class “B” licenses; and
         (b)   At any time during the license period or prior to the renewal of a Class “B” license, the Mayor may order the licensee to produce his or her accounting records to determine if the licensee is qualified to hold a Class “B” liquor license. The failure of the licensee to produce said records for the Mayor upon request, shall result in the automatic revocation of a Class “B” liquor license.
      (3)   (a)   Class “C-1”, which shall only permit the retail sale of alcoholic liquor in sealed packages, but not for consumption on the premises of where it is sold; provided that single-serving containers of alcoholic beverages in a volume of 40 fluid ounces or less shall only be cooled/chilled in an electrical refrigeration unit and shall not be displayed for sale at the cashier/check-out counter. The annual fee for such license shall be $800.
         (b)   Class “C-2", which shall only permit the retail sale of beer and wine in sealed packages, but not for consumption on the premises of where it is sold; provided that single-serving containers of alcoholic beverages in a volume of 40 fluid ounces or less shall only be cooled/chilled in an electrical refrigeration unit and shall not be displayed for sale at the cashier/check-out counter. The annual fee for such license shall be $800.
         (c)   The total number of Class “C-1” and Class “C-2" licenses shall not exceed 50 collectively.
         (d)   The holder of a Class “C-1” or Class “C-2" liquor license shall not conduct video gaming under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) provided, however, that, notwithstanding the foregoing, a bus/truck stop as defined in § 118.16 may conduct video gaming under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.);
      (4)   Class “D”, which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold to be issued to a regularly organized club, such sales to be made only to the members and guests of the club, whether year-round or intermittent/seasonal. For the purposes of this chapter, a CLUB is defined to mean a corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors. The annual fee for such license shall be $400. There shall be no limit on the number of Class “D” licenses. No Class “D” license shall be issued until the Local Liquor Control Commissioner has satisfied himself or herself that the club applying for the license was actually and in fact, organized for some purpose or object other than the sale or consumption of alcoholic liquor;
      (5)   Class “E”, which shall permit the sale or dealing at retail in alcoholic liquor by a religious organization or a not-for-profit organization that does business only intermittently. The annual fee for such license shall be $100. There shall be no limit on the number of Class “E” licenses; and
      (6)   (a)   Class “F-1”, which shall permit the retail sale of alcoholic liquor for consumption on or off premises opened only periodically for the express purpose of providing accommodations for weddings, parties, bingo and other such special events. The annual fee for such license shall be $500.
         (b)   Class "F-2", which shall permit the retail sale of alcoholic liquor for consumption only on premises opened only periodically for the express purpose of providing accommodations for weddings, parties, bingo and other such special events. The annual fee for such license shall be $400.
         (c)   There shall be no limit on the number of Class “F” licenses.
   (B)   License classifications, fees and numbers.
      (1)   All licenses expire on May 1 of each year. License fees are payable in full, in advance, to the Local Liquor Control Commissioner.
      (2)   It shall be unlawful to keep open for business or to admit the public to or permit the public to remain within or to permit the consumption of alcoholic liquor in or upon any premises in which alcoholic liquor is sold at retail during the hours in which the sale of such liquor is prohibited; provided, that where separate defined areas are used for dispensing of food stuffs and alcoholic beverages during the hours designated herein, such specified areas may continue to dispense food stuffs after its authorized closing hour as set forth herein, but shall in no way dispense alcoholic beverages after its authorized closing hour as set forth herein or allow consumption of alcoholic beverages after its authorized closing hour as set forth herein.
(1960 Code, § 21-1-8) (Ord. 5021, passed 1-4-1993; Ord. 5521, passed 3-4-1996; Ord. 7089, passed 3-17-2008; Ord. 6853, passed 4-3-2006; Ord. 7886, passed 8-17-2015; Ord. 7911, passed 11-16-2015; Ord. 8010-2017, passed 2-6-2017; Ord. 8176-2018, passed 3-19-2018; Ord. 8311-2019, passed 3-18-2019; Ord. 8938-2021, passed 4-19-2021; Ord. 9179-2023, passed 8-7-2023) Penalty, see § 121.99
§ 121.07 CLOSING HOURS.
   (A)   It shall be unlawful to sell or offer for sale at retail or to give away in or upon any licensed premises any alcoholic liquor between the hours of 1:00 a.m. and 5:00 a.m. prevailing time, on any day of the week; except that, for an additional $250 license fee, it shall only be unlawful to sell or offer for sale at retail or to give away in or upon any licensed premises any alcoholic liquor between the hours of 2:00 a.m. and 5:00 a.m. prevailing time on any day of the week.
   (B)   The Mayor, as Liquor Commissioner, at his or her discretion may issue licenses which call for closing hours earlier than 1:00 a.m. and it shall be unlawful to sell or offer for sale at retail or give away in or upon any licensed premises any alcoholic liquor between the closing hours on the license set by the Mayor as Liquor Commissioner and 5:00 a.m.
(1960 Code, § 21-1-9) (Ord. 3319, passed 10-20-1975; Ord. 7089, passed 3-17-2008) Penalty, see § 121.99
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