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Blue Island, IL Code of Ordinances
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TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
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§ 111.56 PERSONS INELIGIBLE TO BE LICENSED.
   No license required by this chapter shall be issued to:
   (A)   A person who is not a resident of the city;
   (B)   A person who is not of good character and reputation in the community in which he or she resides;
   (C)   A person who is not a citizen of the United States;
   (D)   A person who has been convicted of a felony under any federal or state law, if the Commissioner determined after the investigation that such person has not been sufficiently rehabilitated to warrant the public trust;
   (E)   A person who has been convicted of being the keeper or is keeping a house of ill fame;
   (F)   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
   (G)   A person whose license issued under this chapter has been revoked for cause;
   (H)   A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon first application;
   (I)   A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license;
   (J)   A corporation, if any officer, manager or director thereof, or any stockholders owning in 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;
   (K)   A corporation unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the State Business Corporation Act of 1983, 805 ILCS 5, to transact business in the state;
   (L)   A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
   (M)   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 the passage of this section, or has forfeited his or her bond to appear in court to answer charges for any such violation;
   (N)   A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
   (O)   Any law enforcing public official, including members of the Local Liquor Control Commission, the Mayor of the city, any member of a 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;
   (P)   A person who is not beneficial owner of the business to be operated by the licensee;
   (Q)   A person who has been convicted of a gambling offense;
   (R)   A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period;
   (S)   A co-partnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;
   (T)   A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation, has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period; and
   (U)   Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(Prior Code, § 111.56) (Ord. 99-287, passed 12-14-1999)
§ 111.57 LOCATION OF PLACE OF SALE.
   (A)   No license shall be issued for the sale at retail of any alcoholic liquor within 300 feet, as measured from property line to property line of any church, school or home for the aged or indigent persons or for veterans, their surviving 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 where sale of alcoholic liquors is not the principal business carried on.
   (B)   No alcoholic beverage shall be sold, offered for sale, kept for sale, displayed or advertised for sale at retail or delivered to any person purchasing same at retail, except at the location, place or premises described in a liquor license.
(Prior Code, § 111.57) (Ord. 99-287, passed 12-14-1999) Penalty, see § 111.99
§ 111.58 LICENSE CLASSIFICATIONS AND FEES.
   Licenses issued under this chapter shall be divided into license classes. The license classifications are as follows.
   (A)   Bar/tavern/saloon.
      (1)   Class A-1 (no packaged goods). A Class A-1 license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises where sold. Video gaming as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be allowed in a Class A-1 licensed premises. The license fee for a Class A-1 license shall be $1,000 per annum plus an amount based on occupancy load as set forth in division (A)(6) below. The license fee shall be payable on January 1 of each year.
      (2)   Class A-1V (no packaged goods - video gaming). A Class A-1V license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises where sold. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class A-1V license shall be $1,500 per annum plus an amount based on occupancy load as set forth in division (A)(6) below. The license fee shall be payable on January 1 of each year.
      (3)   Class A-2 (premises-packaged goods). A Class A-2 license shall authorize the licensee to make sales at retail of alcoholic liquor for use or consumption on or off the premises where sold; provided that any alcoholic liquor sold to go off premises must be in its original sealed container. Video gaming as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be allowed in a Class A-2 licensed premises. The license fee for a Class A-2 license shall be $1,250 per annum plus an amount based on occupancy load as set forth in division (A)(6) below. The license fee shall be payable on January 1 of each year.
      (4)   Class A-2V (premises-packaged goods - video gaming). A Class A-2V license shall authorize the licensee to make sales at retail of alcoholic liquor for use or consumption on or off the premises where sold; provided that any alcoholic liquor sold to go off premises must be in its original sealed container. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class A-2V license shall be $1,750 per annum plus an amount based on occupancy load as set forth in division (A)(6) below. The license fee shall be payable on January 1 of each year.
      (5)   Class AA (additional bar/pouring station). A Class AA license shall authorize the holder of a Class A-1, A-1V, A-2 or A-2V to operate an additional bar and/or pouring station within the licensed establishment. The license fee for a Class AA license shall be $500 per additional bar and/or pouring station. The license fee shall be payable on January 1 of each year.
      (6)   Fee; load. The annual license fee for Class A-1, A-1V, A-2 or A-2V licenses shall include the following amounts based upon occupancy load:
         (a)   Occupancy load 0—74. Establishments where the occupancy of the licensed premises does not exceed 74 persons shall pay an additional $200 per year;
         (b)   Occupancy load 75—149. Establishments where the occupancy of the licensed premises does not exceed 149 persons shall pay an additional $400 per year;
         (c) Occupancy load 150—199. Establishments where the occupancy of the licensed premises does not exceed 199 persons shall pay an additional $600 per year;
         (d)   Occupancy load 200—249. Establishments where the occupancy of the licensed premises does not exceed 249 persons shall pay an additional $800 per year;
         (e)   Occupancy load 250—299. Establishments where the occupancy of the licensed premises does not exceed 299 persons shall pay an additional $1,000 per year;
         (g)   Occupancy load 300—349. Establishments where the occupancy of the licensed premises does not exceed 349 persons shall pay an additional $1,200 per year;
         (h)   Occupancy load 350—399. Establishments where the occupancy of the licensed premises does not exceed 399 persons shall pay an additional $1,400 per year; and
         (i)   Occupancy load 400+. Establishments where the occupancy of the licensed premises exceeds 399 persons shall pay an additional $1,600 per year.
   (B)   Retail - package.
      (1)   Class B (package).
         (a)   Generally. A Class B license shall authorize the licensee to make sales at retail of alcoholic liquor on the licensed premises, but not for consumption on the premises. All alcoholic liquor sold to go off premises must be in its original sealed container. It shall be lawful to permit the tasting or sampling of alcoholic liquor on the licensed premises if the tasting or sampling is part of a promotion, is of a temporary nature, or if no direct or indirect charge is made therefore. The license fee for a Class B license shall be $1,250 per annum payable on January 1 of each year.
         (b)   Class B (package) requirements. A Class B license may be granted or renewed if:
            1.   The primary purpose of the licensed premises shall be for the sale at retail of alcoholic liquor;
            2.   The licensed premises derives more than 75% of its gross revenue (on an annual basis) from the retail sales of alcoholic liquor. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 75% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports, or any other form of information deemed acceptable by the Liquor Control Commissioner; and
            3.   The licensed premises shall contain not less than 1,500 square feet of above-grade retail floor area open to the public.
      (2)   Class B-1 (grocery store - package).
         (a)   Generally. A Class B-1 license shall authorize the licensee to make sales at retail of alcoholic liquor on the licensed premises, but not for consumption on the premises. All alcoholic liquor sold must be in its original sealed container. This class shall not permit entertainment, tasting or sampling on the property. The license fee for a Class B-1 license shall be $1,250 per annum payable on January 1 of each year.
         (b)   Class B-1 (grocery store-package) requirements. A Class B-1 license may be granted or renewed if:
            1.   The primary purpose of the licensed premises shall be for retail sales other than the retail sale of alcoholic liquor, such as a grocery store or drug store;
            2.   The licensed premises derives more than 60% of its gross revenue (on an annual basis) from retail sales other than the retail sale of alcoholic liquor. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 60% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports or any other form of information deemed acceptable by the Liquor Control Commissioner;
            3.   The licensed premises shall contain not less than 1,500 square feet of above-grade retail floor area open to the public; and
            4.   The square footage devoted to the retail sale of alcoholic liquor shall not exceed 10% of the retail floor area open to the public.
      (3)   Class B-2 (grocery store - package - beer and wine only).
         (a)   Generally. A Class B-2 license shall authorize the licensee to make sales at retail of beer and wine only on the licensed premises, but not for consumption on the premises. All beer and wine sold must be in its original sealed container. This class shall not permit video gaming terminals, entertainment, tasting or sampling on the property. The license fee for a Class B-2 license shall be $1,000 per annum payable on January 1 of each year.
         (b)   Class B-2 (grocery store-package- beer and wine only) requirements. A Class B-2 license may be granted or renewed if:
            1.   The primary purpose of the licensed premises shall be for retail sales other than the retail sale of beer and wine, such as a grocery store or drug store;
            2.   The licensed premises derived more than 60% of its gross revenue (on an annual basis) from the sale of retail goods other than the retail sale of beer and wine. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 60% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports or any other form of information deemed acceptable by the Liquor Control Commissioner;
            3.   The licensed premises shall contain not less than 1,500 square feet of retail floor area open to the public; and
            4.   The square footage devoted to the retail sale of beer and wine shall not exceed 10%.
      (4)   Class B-3 (gas station - package - beer and wine only).
         (a)   Generally. A Class B-3 license shall authorize the licensee to make sales at retail of beer and wine only on the licensed premises, but not for consumption on the premises. All beer and wine sold must be in its original sealed container. This class shall not permit video gaming terminals, entertainment, tasting or sampling on the property. The license fee for a Class B-3 license shall be $1,000 per annum payable on January 1 of each year.
         (b)   Class B-3 (gas station-package- beer and wine only) requirements. A Class B-3 license may be granted or renewed if:
            1.   The primary purpose of the licensed premises shall be those of a gas station which is licensed to sell motor fuel, and which engages in the retail sale of groceries, sundries, convenience items, and periodicals; the retail sale of beer and wine being incident thereto;
            2.   The licensed premises derives more than 70% of its gross revenue (on an annual basis) from the sale of retail goods other than the retail sale of beer and wine. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 70% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports or any other form of information deemed acceptable by the Liquor Control Commissioner; and
            3.   The square footage devoted to the retail sale of beer and wine shall not exceed 10%.
      (5)   Class B-3V (gas station - package - beer and wine only - video gaming). A Class B-3V license shall authorize the licensee to make sales at retail of beer and wine only on the licensed premises, but not for consumption on the premises, subject to the same requirements as a Class B-3 license. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The proceeds from video gaming terminals shall not be used when determining whether the license holder meets the 70% threshold of its gross revenue from the sale of retail goods other than the retail sale of beer and wine. All beer and wine sold must be in its original sealed container. This class shall not permit entertainment, tasting or sampling on the property. The license fee for a Class B-3V license shall be $1,750 per annum payable on January 1 of each year.
   (C)   Bowling alley.
      (1)   Class C-1 (bowling alley).
         (a)   Generally. A Class C-1 license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises where sold in conjunction with the operation of a licensed bowling alley. Video gaming as defined under the Illinois Video Gaming Act, being 230 ILCS 40/1 et seq., shall not be allowed in a Class C-1 licensed premises. The license fee for a Class C-1 license shall be $1,250 per annum payable on January 1 of each year.
         (b)   Class C-l (bowling alley) requirements. A Class C-l license may be granted or renewed if:
            1.   The primary purpose of the licensed premises shall be for the operation of a bowling alley;
            2.   The premises has ten or more lanes available for bowling;
            3.   The premises offers the patrons full bowling facilities with liquor service incidental to bowling; and
            4.   The licensed premises derives more than 60% of its gross revenue (on an annual basis) from the retail sale of goods and services other than the retail sale of alcoholic liquors. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 60% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports or any other form of information deemed acceptable by the Liquor Control Commissioner.
      (2)   Class C-1V (bowling alley-video gaming). A Class C-1V license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises where sold in conjunction with the operation of a licensed bowling alley, subject to the same requirements as a Class C-1 license. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The proceeds from video gaming terminals shall not be used when determining whether the license holder meets the 60% threshold of its gross revenue from the retail sale of goods and services other than that of alcoholic liquors. The license fee for a Class C-1V license shall be $1,7500 per annum payable on January 1 of each year.
   (D)   Restaurants.
      (1)   Class D-1 (beer and wine only).
         (a)   Generally. A Class D-1 license shall authorize the licensee to make sales at retail of beer and wine only for consumption on the premises, as an integral part of a licensed restaurant facility. Video gaming as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be allowed in a Class D-1 licensed premises. The license fee for a Class D-1 license shall be $1,000 per annum plus an amount based on occupancy load as set forth in division (D)(6). The license fee shall be payable on January 1 of each year.
         (b)   Class D-1 (beer and wine only) requirements. A Class D-l license may be granted or renewed if:
            1.   The facilities for food preparation and service are primarily those of a restaurant;
            2.   The restaurant derives more than 60% of its gross revenue (on an annual basis) from the sale of food. The determination of whether the 60% gross revenue standard has been met shall be made at the time of license renewal for the year just ended. The burden of meeting the determination shall be on the licensee. The records used to determine whether said 60% standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports or any other form of information deemed acceptable by the Liquor Control Commissioner; and
            3.   Alcoholic liquor is served along with food.
      (2)   Class D-1V (beer and wine only- video gaming). A Class D-1V license shall authorize the licensee to make sales at retail of beer and wine only for consumption only on the premises, as an integral part of a licensed restaurant facility subject to the same requirements as a Class D-1 license. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The proceeds from video gaming terminals shall not be used when determining whether the license holder meets the 60% threshold of its gross revenue from the sale of foods. The license fee for a Class D-1V license shall be $1,500 per annum plus an amount based on occupancy load as set forth in division (D)(6) below. The license fee shall be payable on January 1 of each year.
      (3)   Class D-2 (alcoholic liquor). A Class D-2 license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption on the premises, as an integral part of a licensed restaurant facility, subject to the same requirements as a Class D-1 license. Video gaming as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be allowed in a Class D-2 licensed premises. The license fee for a Class D-2 license shall be $1,250 per annum plus an amount based on occupancy load as set forth in division (D)(6) below. The license fee shall be payable on January 1 of each year.
      (4)   Class D-2V (alcoholic liquor- video gaming). A Class D-2V license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises, as an integral part of a licensed restaurant facility subject to the same requirements as a Class D-1 license. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The proceeds from video gaming terminals shall not be used when determining whether the license holder meets the 60% threshold of its gross revenue from the sale of foods. The license fee for a Class D-2V license shall be $1,750 per annum plus an amount based on occupancy load as set forth in division (D)(6) below. The license fee shall be payable on January 1 of each year.
      (5)   Class DA (additional bar/pouring station). A Class DA license shall authorize the holder of a Class D-1, D-1V, D-2 or D-2V to operate an additional bar and/or pouring station within the licensed establishment. The license fee for a Class DA license shall be $500 per each additional bar and/or pouring station. The license fee shall be payable on January 1 of each year.
      (6)   Fee; loads. The annual license fee for Class D-1, D-1V, D-2 or D-2V licenses shall include the following amounts based upon occupancy load:
         (a)   Occupancy load 0—74. Establishments where the occupancy of the licensed premises does not exceed 74 persons shall pay an additional $100 per year;
         (b)   Occupancy load 75—149. Establishments where the occupancy of the licensed premises does not exceed 149 persons shall pay an additional $200 per year;
         (c)   Occupancy load 150—199. Establishments where the occupancy of the licensed premises does not exceed 199 persons shall pay an additional $400 per year;
         (d)   Occupancy load 200—249. Establishments where the occupancy of the licensed premises does not exceed 249 persons shall pay an additional $600 per year;
         (e)   Occupancy load 250—299. Establishments where the occupancy of the licensed premises does not exceed 299 persons shall pay an additional $800 per year;
         (f)   Occupancy load 300—349. Establishments where the occupancy of the licensed premises does not exceed 349 persons shall pay an additional $1,000 per year;
         (g)   Occupancy load 350—399. Establishments where the occupancy of the licensed premises does not exceed 399 persons shall pay an additional $1,200 per year; and
         (h)   Occupancy load 400+. Establishments where the occupancy of the licensed premises exceeds 399 persons shall pay an additional $1,400 per year.
   (E)   Class E (catering). A Class E license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption, either on-site or off-site, where the location is licensed or unlicensed, as an incidental part of a food service in conjunction with a license catering facility. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. The license fee for a Class E license shall be $800 per annum payable on January 1 of each year.
   (F)   Class F (club). A Class F license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the licensed premises by club members and guests who are personally accompanied by a club member. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class F license shall be $800 per annum payable on January 1 of each year.
   (G)   Class G (microbrewery).
      (1)   Generally. A Class G 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. Sales by Class G microbreweries must conform with the requirements set forth in the state statutes, including the Illinois Liquor Control Act of 1934. This class shall perrmit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class G license shall be $1,000 per annum payable on January 1 of each year.
      (2)   Class G (microbrewery) requirements.
         (a)   A license holder must obtain a valid craft brewer’s license from the State of Illinois and follow all requirements set forth therein.
         (b)   A license holder must conform with the requirements set forth in state statutes, including the Illinois Liquor Control Act of 1934.
   (H)   Class H (special events). A Class H license permits the retail sale of alcoholic liquor containing not more than 4% of alcohol by weight for consumption only at the location and on the specific date designated for the special event at temporary stands, booths and counters such as those used at carnivals, and not for resale in any form. The special event must have received pre-approval from the Local Liquor Commissioner. A Class H license shall only be issued to a Class A-1, A-V, A-2 or A-2V or Class G license holder unless otherwise authorized by the Liquor Commissioner. The license fee for a Class H license shall be $25 per day and shall only be valid for the event authorized by the Liquor Commissioner.
   (I)   Class I (meeting room/banquet facility).
      (1)   Generally. A Class I license 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. Video gaming as defined under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be allowed in a Class I licensed premises. The license fee for a Class I license shall be $1,250 per annum plus an amount based on occupancy load as set forth in division (I)(2) below. The license fee shall be payable on January 1 of each year.
      (2)   Additional fee. The annual license fee for Class I license shall include the following amounts based upon occupancy load:
         (a)   Occupancy load 0—74. Establishments where the occupancy of the licensed premises does not exceed 74 persons shall pay an additional $100 per year;
         (b)   Occupancy load 75—149. Establishments where the occupancy of the licensed premises does not exceed 149 persons shall pay an additional $200 per year;
         (c)   Occupancy load 150—199. Establishments where the occupancy of the licensed premises does not exceed 199 persons shall pay an additional $400 per year;
         (d)   Occupancy load 200—249. Establishments where the occupancy of the licensed premises does not exceed 249 persons shall pay an additional $600 per year;
         (e)   Occupancy load 250—299. Establishments where the occupancy of the licensed premises does not exceed 299 persons shall pay an additional $800 per year;
         (f)   Occupancy load 300—349. Establishments where the occupancy of the licensed premises does not exceed 349 persons shall pay an additional $1,000 per year;
         (g)   Occupancy load 350—399. Establishments where the occupancy of the licensed premises does not exceed 399 persons shall pay an additional $1,200 per year; and
         (h)   Occupancy load 400+. Establishments where the occupancy of the licensed premises exceeds 399 persons shall pay an additional $1,400 per year.
   (J)   Class M (municipal). A Class M license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption on the licensed premises, provided the premises are owned and operated by the city. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class M license shall be waived by the city.
   (K)   Class BG (beer garden). Any holder of a Class A-1, A-1V, A-2, A-2V, D-1, D-1V, D-2, D-2V or G liquor license may apply to the Liquor Control Commissioner for issuance of a Class BG license to operate a beer garden which allows for the sale and consumption of alcoholic liquor outside of the permanent structure containing the licensed premises in a location designated by the Liquor Commissioner. The license fee for a Class “BG” license shall be $100 per annum payable on January 1 of each year.
      (1)   The permit issued to a liquor licensee shall be effective from January 1 to December 31 each year.
      (2)   Any licensee whose property is directly adjacent to a residential unit shall erect a privacy fence or other similar structure to cordon off the area known as the beer garden. Any structure erected in this regard shall be in conformity with any and all applicable codes of the city.
      (3)   The licensee shall be held solely responsible for the conduct of his or her patrons in the permitted beer garden area.
      (4)   There shall be an enclosed area that prohibits unrestricted access to the beer garden area from a public way.
      (5)   No patron shall leave the licensed premises or permitted beer garden area with an open beer or liquor container.
      (6)   Any violation of this section shall subject the licensee to a hearing on his or her license as provided in §§ 111.64 and 111.65. The penalty shall be as set forth in § 111.99.
   (L)   Class VGC (video gaming café).
      (1)   Generally. A Class VGC license shall authorize the licensee to make sales at retail of alcoholic liquor for consumption only on the premises where sold in conjunction with the primary or major focus or source of revenue being the operation of video gaming terminals. This class shall permit video gaming terminals on the property subject to licensee having a video gaming license issued by the Illinois Gaming Board in accordance with the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). The license fee for a Class VGC license shall be $1,700 per annum payable on January 1 of each year.
      (2)   Class VGC license requirements. A Class VGC license may be granted or renewed if:
         (a)   The primary purpose of the licensed premises shall be the operation of video gaming terminals as defined in Illinois Video Gaming Act (230 ILCS 40/1 et seq.);
         (b)   The premises offers the patrons video gaming terminals with liquor service incidental to gaming and food as a secondary amenity; and
         (c)   The occupancy load shall not exceed 74 persons.
   (M)   Limitation on total number of licenses.
      (1)   Class A-1 licenses to be issued under this chapter shall not exceed five;
      (2)   Class A-1V licenses to be issued under this chapter shall not exceed 20;
      (3)   Class A-2 licenses to be issued under this chapter shall not exceed five;
      (4)   Class A-2V licenses to be issued under this chapter shall not exceed 15;
      (5)   Class AA licenses to be issued under this chapter shall not exceed five;
      (6)   Class B licenses to be issued under this chapter shall not exceed three;
      (7)   Class B-1 licenses to be issued under this chapter shall not exceed three;
      (8)   Class B-2 licenses to be issued under this chapter shall not exceed three;
      (9)   Class B-3 licenses to be issued under this chapter shall not exceed two;
      (10)   Class B-3V licenses to be issued under this chapter shall not exceed three;
      (11)   Class C-1 licenses to be issued under this chapter shall not exceed zero;
      (12)   Class C-1V licenses to be issued under this chapter shall not exceed two;
      (13)   Class D-1 licenses to be issued under this chapter shall not exceed five;
      (14)   Class D-1V licenses to be issued under this chapter shall not exceed six;
      (15)   Class D-2 licenses to be issued under this chapter shall not exceed ten;
      (16)   Class D-2V licenses to be issued under this chapter shall not exceed eight;
      (17)   Class DA licenses to be issued under this chapter shall not exceed five;
      (18)   Class E licenses to be issued under this chapter shall not exceed two;
      (19)   Class F licenses to be issued under this chapter shall not exceed zero;
      (20)   Class G licenses to be issued under this chapter shall not exceed three;
      (21)   Class M licenses to be issued under this chapter shall not exceed one;
      (22)   Class I licenses to be issued under this chapter shall not exceed three;
      (23)   Class BG licenses to be issued under this chapter shall not exceed 30; and
      (24)   Class VGC licenses to be issued under this chapter shall not exceed five.
   (N)   Class N (distillery). A Class N license shall be known as the craft distiller license. It shall authorize a distiller to manufacture spirits by distillation in quantities not to exceed the number of gallons authorized for production each year by a craft distillery in the Liquor Control Act of 1934 (ILCS Act 235, Ch. 5, §§ 1-1 et seq.) and the storage of such spirits. A craft distiller license shall allow the licensee to sell to distributors and to non-licensees in accordance with the Liquor Control Act (or similar act) of the State of Illinois. The craft distiller license shall allow the licensee to offer spirits manufactured by the licensee on the premises specified in such license for sale by the glass on the premises and in packaged form at retail on the premises specified in such license for the use or consumption off the premises. A craft distiller license shall permit the licensee to conduct tastings of spirits for which remuneration may or may not be received. A single tasting of distilled spirits shall not exceed one-fourth of one ounce. No more than three tastings of distilled spirits shall be provided to any person on any day. It shall be unlawful for such licensee to offer tastings or sell alcoholic liquor for consumption on or off the premises between the hours of 1:00 a.m. and 6:00 a.m., except New Year’s Day, in which case such tastings and sales shall not be made between the hours of 2:00 a.m. and 6:00 a.m. The license fee for a Class N license shall be $1,200 per annum payable on January 1 of each year.
   (O)   Time period. All licenses issued pursuant to this chapter shall be valid from the date of issuance, or in the case of renewals, from January 1 through the business night of December 31, including the morning hours of January 1, per the closing times as stated in the license, or as indicated on the license. A new or renewed license will be required in order for the licensed premises to commence operations on January 1 of the new year.
   (P)   Late fee. A late fee of 5% will be assessed each day an applicant fails to timely re-apply for its license after January 1 of the new year.
   (Q)   Refunds. No refund of any fee shall be made to any licensee.
(Prior Code, § 111.58) (Ord. 2021-054, passed 11-9-2021; Ord. 2022-024, passed 3-22-2022; Ord. 2023-023, passed 3-30-2023; Ord. 2024-016, passed 4-9-2024; Ord. 2024-040, passed 10-8-2024)
§ 111.59 TEMPORARY LICENSES.
   The Local Liquor Commissioner may issue temporary liquor licenses for a period not to exceed five days for any special event. The type of alcoholic beverages to be served, the place of service and the hours of service shall be established by the Local Liquor Control Commissioner. The Liquor Commissioner may impose a reasonable fee for such license.
(Prior Code, § 111.59) (Ord. 99-287, passed 12-14-1999)
§ 111.60 PAYMENT OF LICENSE FEE.
   (A)   All license fees required by this chapter shall be paid in full to the City Clerk.
   (B)   Upon payment of the license fee, the said city license fee shall be promptly turned over to the City Treasurer for deposit in the corporate fund. There shall be no proration of any license fee and no refund of any fee paid for any unused portion of the license required. In the event that payment is not made by January 1 of any license year, then said license shall be deemed to have been abandoned by the licensee and said license shall automatically be terminated for the reason that same has been abandoned.
   (C)   The Liquor Commissioner shall report any license abandonment to the City Council at the first meeting in January.
(Prior Code, § 111.60) (Ord. 99-287, passed 12-14-1999)
§ 111.61 LICENSES TO BE DISPLAYED.
   Every licensee shall cause his or her license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
(Prior Code, § 111.61) (Ord. 99-287, passed 12-14-1999) Penalty, see § 111.99
§ 111.62 LICENSE FOR DWELLING HOUSE AND THE LIKE PROHIBITED.
   No alcoholic liquor shall be sold at retail in any dwelling house, flat or apartment building, and no license therefor shall be issued under this chapter.
(Prior Code, § 111.62) (Ord. 99-287, passed 12-14-1999) Penalty, see § 111.99
§ 111.63 ORIGINAL ISSUANCE OR TRANSFER.
   (A)   The Local Liquor Control Commissioner may, at his or her discretion, permit the transfer of interest in or location of a license issued for the operation of the sale of alcoholic liquors at any location to which such license has been issued, suspended or revoked upon the payment to the city of the sum of $100, for such transfer, in addition to any other fees that my be required hereby. No such transfer shall be made, nor shall any license be issued, to any premises to which a license has been issued to sell alcoholic liquors at retail, whether such business is a going business, has been previously operated and is not out of existence, or where the license has been suspended or revoked, without payment of the fee provided for in this section. For the purpose of this section, a transfer of any interest in a partnership, association or in more than 5% of ownership in shares of the stock of a corporation shall be a transfer of interest and require the payment of the transfer fee provided for by this section.
   (B)   Except with the consent of the Local Liquor Control Commissioner, as provided in division (A) above, licenses issued pursuant to the provisions of this chapter are not subject to sale, assignment, transfer or to a change of location.
(Prior Code, § 111.63) (Ord. 99-287, passed 12-14-1999)
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