Licenses issued under this chapter shall be divided into license classes. However, the sale and delivery of carry out liquor including, cocktails, mixed drinks, beer, wine, and the like from restaurants and bars is prohibited. The sale of beer, wine and alcoholic liquor in sealed packages shall be permitted for those licensees who hold the required licenses issued under this chapter. The license classifications are as follows:
(A) Class A-1. A Class A-1 license permits the retail sale of alcoholic liquor in sealed packages, but not for consumption on the premises where it is sold.
(1) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to divide a manufacturer's package containing more than one can or bottle of beer, malt liquor or ale, if the capacity of an individual can or bottle is 16 ounces or less, in order to sell an individual can or bottle, except for consumption on the licensed premises.
(2) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to sell, give, offer or expose for sale, or deliver an individual can or bottle of beer, malt liquor or ale with a capacity of 16 ounces or less, except for consumption on the licensed premises.
(B) Class A-2. A Class A-2 license permits the retail sale of beer and wine in sealed packages, but not for consumption on the premises where it is sold, except for sale on premises defined as a filling station under this code or at any establishment that dispenses petroleum products.
(1) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to divide a manufacturer's package containing more than one can or bottle of beer, malt liquor or ale, if the capacity of an individual can or bottle is 16 ounces or less, in order to sell an individual can or bottle, except for consumption on the licensed premises.
(2) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to sell, give, offer or expose for sale, or deliver an individual can or bottle of beer, malt liquor or ale with a capacity of 16 ounces or less, except for consumption on the licensed premises.
(C) Class A-3. A Class A-3 license permits the retail sale of beer and wine in sealed packages, but not for consumption on the premises where it is sold, on premises defined as a filling station by this code or at any other establishment that dispenses petroleum products.
(1) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to divide a manufacturer's package containing more than one can or bottle of beer, malt liquor or ale, if the capacity of an individual can or bottle is 16 ounces or less, in order to sell an individual can or bottle, except for consumption on the licensed premises.
(2) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to sell, give, offer or expose for sale, or deliver an individual can or bottle of beer, malt liquor or ale with a capacity of 16 ounces or less, except for consumption on the licensed premises.
(D) Class B-1. A Class B-1 license permits the retail sale of alcoholic liquor for consumption on or off the premises where it is sold, and not for resale, except for sale in restaurants and restaurant and lounges (see Class C and/or D), and except for sale of alcoholic liquor in sealed packages where the operation of the business for the purposes occupies greater than 100 square feet of space on the business premises (see Class B-2).
(E) Class B-2. A Class B-2 license permits the retail sale of alcoholic liquor for consumption on the premises where it is sold, and the retail sale of alcoholic liquor in sealed packages where the area designated within the licensee’s business premises for the sales and the sale of other incidental items exceeds 100 square feet, and not for resale, except for sale in restaurants and restaurant and lounges.
(F) Class B-3. A Class B-3 license permits the licensee who otherwise holds a valid B-1 or B-2 license to furnish entertainment and/or amusements in compliance with Chapter 806.
(1) B-3.1 Occupancy Load 0-59 (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 59 persons shall pay an additional $500 per year to the B-1 or B-2 license fee which is $1,625 (B-1) and $1,800 (B-2).
(2) B-3.2 Occupancy Load 60-99 (three licenses). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 99 persons shall pay an additional $1,000 per year to the B-1 or B-2 license fee which is $1,625 (B-1) and $1,800 (B-2).
(3) B-3.3 Occupancy Load 100-139 (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 139 persons shall pay an additional $1,500 per year to the B-1 or B-2 license fee which is $1,625 (B-1) and $1,800 (B-2).
(4) B-3.4 Occupancy Load 140+ (three licenses). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment exceeds 140 persons shall pay an additional $2,000 per year to the B-1 or B-2 license fee which is $1,625 (B-1) and $1,800 (B-2).
(G) Class C-1. A Class C-1 license permits the retail sale of alcoholic liquor for consumption only on the premises where it is sold, and not for resale, in a restaurant when the sale is with meals and served at the tables where meals are served.
(H) Class C-2. A Class C-2 license permits the retail sale of beer and wine, for consumption only on the premises where it is sold, and not for resale, in a restaurant when the sale is with meals and served at the tables where meals are served.
(I) Class C-3. A Class C-3 license permits the licensee who otherwise holds a valid C-1 or C-2 license to furnish entertainment and/or amusements in compliance with Chapter 806.
(1) C-3.1 Occupancy Load 0-59 (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 59 persons shall pay an additional $500 per year to the C-1 or C-2 license fee which is $1,250 (C-1) and $950 (C-2).
(2) C-3.2 Occupancy Load 60-99 (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 99 persons shall pay an additional $1,000 per year to the C-1 or C-2 license fee which is $1,250 (C-1) and $950 (C-2).
(3) C-3.3 Occupancy Load 100-139 (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment does not exceed 139 persons shall pay an additional $1,500 per year to the C-1 or C-2 license fee which is $1,250 (C-1) and $950 (C-2).
(4) C-3.4 Occupancy Load 140+ (one license). Establishments where alcoholic liquor is served with entertainment and/or amusements and the occupancy of the establishment exceeds 140 persons shall pay an additional $2,000 per year to the C-1 or C-2 license fee which is $1,250 (C-1) and $950 (C-2).
(J) Class D-1. A Class D-1 license permits the retail sale of alcoholic liquor for consumption only on the premises where it is sold, and not for resale, in a restaurant and lounge, either by serving alcoholic beverages with meals or in the portion of the premises set aside for service of alcoholic beverages without meals.
(K) Class D-2. A Class D-2 license permits the retail sale of alcoholic liquor for consumption on the premises where it is sold, and the retail sale of alcoholic liquor in sealed packages where the area designated within the licensee’s business premises for the sale and the sale of other incidental items exceeds 100 square feet, and not for resale, in a restaurant and lounge as defined in division (J) hereof.
(L) Class D-3. A Class D-3 license permits the licensee who otherwise holds a valid D-1 or D-2 license to furnish entertainment and/or amusements in compliance with Chapter 806.
(1) D-3.1 Occupancy Load 0-59 (one license). Establishments where alcoholic liquor is served along with food and there are stools for seating with entertainment and/or amusements and the occupancy of the establishment does not exceed 59 persons shall pay an additional $500 per year to the D-1 or D-2 license fee which is $1,625 (D-1) and $1,800 (D-2).
(2) D-3.2 Occupancy Load 60-99 (one license). Establishments where alcoholic liquor is served along with food and there are stools for seating with entertainment and/or amusements and the occupancy of the establishment does not exceed 99 persons shall pay an additional $1,000 per year to the D-1 or D-2 license fee which is $1,625 (D-1) and $1,800 (D-2).
(3) D-3.3 Occupancy Load 100-139 (one license). Establishments where alcoholic liquor is served along with food and there are stools for seating with entertainment and/or amusements and the occupancy of the establishment does not exceed 139 persons shall pay an additional $1,500 per year to the D-1 or D-2 license fee which is $1,625 (D-1) and $1,800 (D-2).
(4) D-3.4 Occupancy Load 140-200 (one license). Establishments where alcoholic liquor is served along with food and there are stools for seating with entertainment and/or amusements and the occupancy of the establishment does not exceed 200 persons shall pay an additional $2,000 per year to the D-1 or D-2 license fee which is $1,625 (D-1) and $1,800 (D-2).
(5) D-3.5 Occupancy Load 201+ (four licenses). Establishments where alcoholic liquor is served along with food and there are stools for seating with entertainment and/or amusements and the occupancy of the establishment exceeds 201 persons shall pay an additional $2,500 per year to the D-1 or D-2 license fee which is $1,625 (D-1) and $1,800 (D-2).
(M) Class E. A Class E license permits the retail sale of alcoholic liquor for consumption only on the premises where it is sold, and not for resale in any form, containing not more than 4% of alcohol by weight, to be issued for temporary stands, booths and counters such as those used at picnics, celebrations and the like.
(N) Class F. A Class F license permits the retail sale of alcoholic liquor for consumption only on the premises where it is sold, to be issued to a regularly organized club, the sales to be made only to members of the club, and permits the sale of alcoholic liquor for consumption on the premises where sold for a meeting room and/or banquet facility during a prearranged event involving the service of food.
(O) Class G. A Class G license permits the retail sale of alcoholic liquor in conjunction with the service of food by caterers with a place of business within the city limits for catered events conducted outside of the city limits. The sale of alcoholic liquor shall be made in bulk to the person holding the event. The license does not permit the licensee to sell alcoholic liquor by the drink to individuals attending the event. The annual fee for the license shall be $1,000, unless fewer than 35 events are catered within the licensing year, in which case the annual fee shall be $600. If the licensee has a liquor license in another category, the Class G license shall be $500. No license shall be authorized except as otherwise indicated in this chapter.
(P) Class H. A Class H license permits the sale of alcoholic liquor for consumption on the premises where sold for a meeting room and/or banquet facility which serves at least 75 persons during a prearranged event involving the service of food.
(Q) Class I. A Class I license permits the sale of beer and wine for consumption on the premises where it is sold, and not for resale, in a specific building owned by a park district organized under the Park District Code (ILCS Ch. 70, Act 1205, §§ 1-1 et seq.), subject to the approval of the governing board of the district.
(R) Class J Bring-Your-Own License. A Class J Bring-Your-Own (BYO) license authorizes the licensee to allow customers to carry their own beer and wine into the BYO-authorized establishment as defined in division (R)(1) below for consumption within that establishment, subject to the conditions stated in division (R)(2) below.
(1) Authorized establishments; conditions. "BYO-authorized establishments" are authorized to allow BYO beer and wine provided that a restaurant that does not hold a Class C license. Authorized establishments may allow BYO beer and wine to be consumed within the licensed premises. A restaurant that holds a Class C license is not eligible for a Class J license, and no establishment that sells alcoholic liquor may provide BYO services.
(2) General conditions on BYO services. The following conditions apply generally to BYO services:
(a) BYO is limited to beer and wine only.
(b) No BYO establishment may sell alcoholic liquor to any customer at any time.
(c) An establishment that allows BYO for its customers must secure, maintain and provide evidence to the city that it has insurance coverage as provided for in § 804.08.
(d) The establishment shall be responsible for ensuring that no persons under 21 years of age may be in possession of BYO beer and wine at any time.
(e) BYO beer and wine may be consumed only between the hours of 12:00 noon and 11:00 p.m.
(f) No establishment may impose any fee or charge on its customers related to the consumption of BYO beer or wine within the establishment, including without limitation any corkage fee or fee for supplies, disposal, storage or other services.
(g) An establishment may provide corkscrews, bottle openers, glassware, ice, disposal services and similar items to customers, but without fee as provided in division (R)(2)(f) above.
(h) No employee of the establishment shall serve, pour or otherwise handle a customer's BYO beer and wine.
(i) The establishment shall be responsible for ensuring that no customer is overly intoxicated. The establishment shall refuse BYO consumption to all overly intoxicated customers.
(j) No BYO establishment may permit any customer to enter or leave the establishment with any open beer container or any then opened wine container.
(k) Unless provided for by Illinois state statute, BYO establishments are subject to the same general state and local requirements, regulations, and penalties as Class C licenses.
(S) Class K Microbrewery License. A Class K Microbrewery license authorizes the on-site production and storage of alcoholic and/or nonalcoholic malt liquor in quantities not to exceed 930,000 gallons per year, the sale of such alcoholic and/or nonalcoholic malt liquor for consumption off-premises and for the sale of such alcoholic and/or nonalcoholic malt liquor for consumption on the premises or in an adjacent taproom. Sale of beer or other alcoholic liquor manufactured outside the premises is prohibited. Each Class K Microbrewery license shall be issued subject to the following conditions:
(1) A license holder must obtain a valid craft brewer's license from the State of Illinois and follow all requirements set forth therein.
(2) No sale of alcohol manufactured off the premises, for either off-site or on-site consumption, shall be permitted.
(3) Free samples of alcoholic malt liquor manufactured on the premises may be offered. No more than three free samples, each of which may not exceed two fluid ounces each, may be provided to any person in a day.
(4) No food may be served.
(Ord. 91-23, passed 6-25-1991; Ord. 91-52, passed 11-26-1991; Ord. 99-37, passed 9-14-1999; Ord. 05-09, passed 2-23-2005; Ord. 05-44, passed 11-8-2005; Ord. 10-32, passed 5-11-2010; Ord. 10-70, passed 11-23-2010; Ord. 14-20, passed 8-12-2014; Ord. 15-14, passed 4-14-2015; Ord. 21-11, passed 1-22-2021)