It shall be unlawful to sell or offer for sale at retail any alcoholic liquor or engage in or conduct any place for the sale at retail of alcoholic liquors within the corporate limits of the village without first securing a local retail liquor dealer’s license issued by the local Liquor Commissioner as hereinafter provided.
(A) Classes of licenses. There shall be four classes of licenses, as follows.
(1) Class A liquor license (package sales license). This license authorizes and entitles the person to whom it is issued to sell and offer for sale alcoholic liquors in original package only for consumption off the licensed premises.
(2) Class B liquor license (for consumption on premises). This license authorizes and entitles the person to whom it is issued to sell at retail all types of alcoholic liquors for consumption on the licensed premises, such as a restaurant.
(3) Class C liquor license (special event retailer’s license). This license authorizes and entitles a not-for-profit entity to purchase alcoholic liquors from an Illinois licensed distributor and allows the entity to sell and offer for sale, at retail, alcoholic liquor for use or consumption, but not for resale in any form, and only at the location and on the specific dates designated in the license for the special event. This license will apply to fraternal, educational, political, civic, religious and not-for-profit organizations that assume the responsibility for selling and serving alcoholic beverages at special events. The licensee shall provide dram shop insurance in the maximum limits and shall obtain the required state license. The special event license may not exceed 15 days in any 12-month period.
(4) Class D liquor license (special use permit license). This license authorizes and entitles a Class B license holder to sell or serve alcoholic beverages for consumption at special events off the licensed premises as part of a festival, fair, picnic or other special event. This license shall allow a Class B license holder to transfer a portion of its alcoholic liquor inventory from its licensed premises to the premises specified in the special use permit license and to sell or offer for sale, at retail only and at the specified off-site location, the transferred alcoholic liquor for use or consumption, but not for resale. The licensee shall provide dram shop insurance in the maximum limits and shall obtain the required state license. The special use permit license may be granted for a duration of one to 15 days, with a maximum of 15 days per location in any 12-month period.
(B) Term, issuance. All licenses issued under and by virtue of this chapter shall be annual licenses. The license year under this chapter shall commence on October 1 of each year and shall expire on September 30 of each year then next succeeding. All licenses issued hereunder shall expire on September 30 following their issuance, unless sooner revoked according to law. Every license issued hereunder shall state thereon the class to which it belongs, the name of the licensee and his or her address, the description of the premises for which it is granted; provided, however, that, only one location shall be described in each license, the date of its issuance, the date of expiration thereof and shall be signed on behalf of the village by the local Liquor Commissioner. Each renewal license shall be in all respects identical with the original or first license.
(C) Premises, requirements. Licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon and only one location shall be so described in each license. After a license has been granted hereunder for particular premises, the local Liquor Commissioner, upon proper showing, may endorse upon such license permission to abandon the premises therein described and remove therefrom to other premises approved by him or her, but in order to obtain such approval the licensee shall file with the local Liquor Commissioner a request in writing and a statement under oath, which shall show that the premises to which removal is to be made comply in all respects with the requirements of this chapter and state law.
(D) Application, form.
(1) An applicant for a license or renewal thereof from the village shall submit to the local Liquor Commissioner an application, in writing, under oath stating:
(a) The name, age and address of the applicant in the case of an individual; in the case of copartnership, 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 is owned by one person or his or her nominees, the name and address of such person;
(b) 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;
(c) The location and legal description of the premises or place of business which is to be operated under such license;
(d) 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;
(e) Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and the reasons thereof;
(f) That he or she will not violate any of the laws of the state or of the United States in the conduct of his or her place of business; and
(g) Whether the application is for an original or renewal license.
(2) If said application is made on behalf of a partnership, firm or association club or corporation, then the same shall be signed and sworn to by at least two members of such partnership, firm or association or club or the president and secretary.
(E) Fees.
(1) License fees. The annual fee for each class of license, payable in advance, shall be as follows:
(a) Class A license (package sales): $300;
(b) Class B license (consumption on premises): $300;
(c) Class C license (special event license): $10; and
(d) Class D license (special use permit license): $25.
(2) Reduced charges. The license fee shall be reduced in proportion to the full calendar months which shall have expired in the license year prior to the issuance of the license.
(F) Renewal. Liquor license renewal is not a vested right and is not automatic. A licensee may apply annually to renew his or her license. At the time of application for license renewal, the licensee must be qualified to hold a license, and the premises for which the license is sought must comply with the provisions of this section, as amended from time to time. Application for renewal shall be made to the local Liquor Commissioner (the Village Mayor) on or before September 1 of each year.
(G) State license. No license shall be issued to any person, ineligible to obtain and receive a state retailer’s license.
(H) Posting license, duplicate. The license issued to any applicant in accordance with the provisions of this chapter shall be posted by the licensee and kept posted while in force in a conspicuous place on the premises described in such license. Whenever such license shall be lost or destroyed, a duplicate thereof shall be issued by the local Liquor Commissioner.
(I) Record of licenses. The local Liquor Commissioner shall keep or cause to be kept a complete record of all licenses issued by him or her and shall furnish the Village Clerk and Village Treasurer each with a copy thereof; upon the issuance of a new license or the revocation of any license, the local Liquor Commissioner shall as soon as possible notify these officers of such action.
(J) Non-transferability.
(1) (a) 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 provided by law and shall not constitute properly, nor shall it be alienable or transferable voluntarily or involuntarily or subject to being encumbered or hypothecated.
(b) Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided that, executors or administrators of the estate of any deceased licensee and the trustee 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 order of the appropriate court and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy until the expiration of such license, but no longer than six months after the death, bankruptcy or insolvency of such licensee.
(2) A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this division (J).
(K) Required training.
(1) All persons who sell or serve alcoholic beverages, all management personnel working on the premises, and anyone whose job includes the checking of identification for the purchase of alcoholic beverages must complete a state-certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) program.
(2) A copy of the certificates of completion for all owners, managers, employees or agents requiring BASSET training shall be maintained by the establishment and shall be made available for inspection, upon demand, by a representative of the village or state liquor control authorities.
(L) Age to sell/serve alcoholic beverages. A person aged 18 and over who is employed by a licensee and who has completed the required BASSET training may possess alcoholic beverages for the purpose of selling and serving them to customers of the licensee who are of legal age (21 and over) and who are not already intoxicated.
(Ord. 287, passed 9-16-1998; Ord. 376, passed 1-8-2014; Ord. 439, passed 2-9-2022) Penalty, see § 110.99