A. No person shall gamble and no licensee shall permit gambling on any licensed premises except where such gambling activity is permitted and licensed by state statute and is conducted under the rules and regulations provided by the state for that particular type of gambling activity.
B. No person shall peddle alcoholic liquor in the village.
C. It shall be the responsibility of the licensee to ensure that the conduct and activities of any employee having a disease or medical condition are in compliance with the ordinances of the village regulating employee health in food service establishments. (Ord. 13-22, 6-4-2013)
D. No licensee shall directly or indirectly sell, give, or deliver alcoholic liquor to any intoxicated person. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
E. No person shall transport, carry, possess or have any alcoholic liquor in, upon or about any motor vehicle, except in the original package with the seal unbroken.
F. No person shall drink or consume alcoholic liquor in an area adjacent to a licensed premises, including the parking area, or in any public right of way.
G. Any owner of a licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, who knowingly permits the licensee to use said licensed premises in violation of the terms of this chapter shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment.
H. Every act or omission of any nature constituting a violation of any of the provisions of this chapter by any officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally.
I. No licensee shall discharge or in any way retaliate against any person because the person reported a violation of any provision of this chapter to the local liquor control commissioner or other law enforcement official.
J. No person shall offer anything of value to any village official or employee, directly or indirectly, to influence the issuance of a license or the enforcement of any provision of this chapter.
K. No licensee shall deny or permit his agents and employees to deny, in violation of any federal, state or local law, any person the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold subject only to the conditions and limitations established by law and applicable alike to all citizens.
L. No person except a manufacturer or distributor or importing distributor shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor, and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks or other containers containing alcoholic liquor except in original packages.
M. Safety provisions are as follows:
1. A licensee shall not permit the use of any pyrotechnic device within its licensed premises without the prior authorization of the Illinois state fire marshal or the village fire chief or his designee. A licensee, or any agent or employee of that licensee, may not use or permit mace, pepper spray, or any other toxic air released compound within its licensed premises.
2. No person may impede any person who is attempting to exit a licensed premises due to an emergency that constitutes a threat to the health or safety of persons within the licensed premises. For the purpose of this subsection, the term "impede a person who is attempting to exit" includes physically restraining the person or blocking or locking an exit while the licensed premises is open to the public.
3. A licensee of a licensed premises with an authorized capacity of at least two hundred fifty (250) persons, as set by the state fire marshal or the fire chief or his designee or as set by local ordinance, whichever is lowest, must place a panic bar on each exit of its licensed premises. A licensee of a licensed premises with an authorized capacity of at least five hundred (500) persons that conducts live entertainment within its licensed premises must, before the commencement of the live entertainment, make an announcement to the patrons of the licensed premises that generally informs those patrons of the locations of exits and fire escapes at the licensed premises. (Ord. 13-22, 6-4-2013)
N. Happy hour regulations are as follows:
1. No retail licensee or employee or agent of such licensee shall:
a. Sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor;
b. Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public or as provided in 235 Illinois Compiled Statutes 5/6-28.5;
c. Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;
d. Encourage or permit on the licensed premises any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or
e. Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under this subsection N1.
2. A retail licensee may:
a. Offer free food or entertainment at any time;
b. Include drinks of alcoholic liquor as part of a meal package;
c. Sell or offer for sale a party package only if the retail licensee:
(1) Offers food in the dedicated event space;
(2) Limits the party package to no more than three (3) hours;
(3) Distributes wristbands, lanyards, shirts, or any other such wearable items to identify party package attendees so the attendees may be granted access to the dedicated event space; and
(4) Excludes individuals not participating in the party package from the dedicated event space;
d. Include drinks of alcoholic liquor as part of a hotel package;
e. Negotiate drinks of alcoholic liquor as part of a hotel package;
f. Provide room service to persons renting rooms at a hotel;
g. Sell pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes, or bottles of alcoholic liquor which are customarily sold in such manner, or sell bottles of spirits;
h. Advertise events permitted under this subsection N2;
i. Include drinks of alcoholic liquor as part of an entertainment package where the licensee is separately licensed by a license that:
(1) Restricts dates of operation to dates during which there is an event at an adjacent stadium;
(2) Restricts hours of serving alcoholic liquor to two (2) hours before the event and one hour after the event;
(3) Restricts alcoholic liquor sales to beer and wine;
(4) Requires tickets for admission to the establishment; and
(5) Prohibits sale of admission tickets on the day of an event and permits the sale of admission tickets for single events only; and
j. Discount any drink of alcoholic liquor during a specified time period only if:
(1) The price of the drink of alcoholic liquor is not changed during the time that it is discounted;
(2) The period of time during which any drink of alcoholic liquor is discounted does not exceed four (4) hours per day and fifteen (15) hours per week; however, this period of time is not required to be consecutive and may be divided by the licensee in any manner;
(3) The drink of alcoholic liquor is not discounted between the hours of ten o'clock (10:00) P.M. and the licensed premises' closing hour; and
(4) Notice of the discount of the drink of alcoholic liquor during a specified time is posted on the licensed premises or on the licensee's publicly available website at least seven (7) days prior to the specified time.
3. All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multiuse establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multiuse establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment. (2016 Code)
O. No person shall consume any alcoholic liquor on the premises described in the license unless such alcoholic liquor has been purchased on the premises unless in a class M licensed premises. (Ord. 13-22, 6-4-2013; amd. 2016 Code)
P. No licensee shall sell, offer for sale or exhibit any items of intimate apparel, including lingerie, undergarments, sleepwear or swimsuits on the premises.
Q. No licensee shall permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which:
1. Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region.
2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region.
3. Exposes any portion of the female breast at or below areola thereof. (Ord. 13-22, 6-4-2013)
R. No licensee or through his agents or employees shall do any of the following:
1. Commit any violation of any federal law, state law or ordinance of the village.
2. Suffer or permit a violation of any federal law, state law or ordinance of the village.
3. Harbor or permit any intoxicated person(s) to loiter on the premises.
4. Sell alcoholic liquor in excess of or contrary to the authority granted by the license for the premises or in violation of the laws of the state or ordinances of the village. (Ord. 13-27, 8-20-2013)
5. Permit any person to consume any alcoholic liquor on the premises, unless such alcoholic liquor has been purchased on the premises or authorized by a BYOB license. (Ord. 13-27, 8-20-2013; amd. 2016 Code)
6. Permit the business on the licensed premises to be conducted in a manner inconsistent with the representations on the licensee's application or by the licensee's comments before the commissioner and made a condition of the license.
7. Failure to immediately report any criminal activity or that any person has lost consciousness or is in a state of stupor so as not to be competent.
8. Allow the property on which the premises is located and any adjacent property owned by the licensee including the licensee's parking lot(s) and adjacent public ways to create a nuisance while the licensed premises is open for business or within one hour of the time the business is opened or closed for business. The nuisance shall have a nexus to the operation of the business and be any conduct or activity described in section 4-2-17 of this chapter or that violates any federal or state law or village ordinance. (Ord. 13-27, 8-20-2013)