A. Special Conditions - License Riders: These riders are supplements to license holder's annual base license.
1. Sidewalk Restaurant - Issued To Restaurant Secondary Use Licenses Located In The BPR District For Restaurants Located On Public Property, Public Rights-Of-Way, Or Approved Plaza Areas: Requires that alcohol must be a secondary use and is subject to the requirements established in title 17 of the Carbondale Revised Code. The rider fee for locations in the Downtown Entertainment District is waived. Fee: Twenty five dollars ($25.00).
2. Outdoor Service Area: Authorizes the holder of an annual restaurant secondary use or other on-premises secondary use license to conduct sales and permits consumption of alcohol in an outdoor service area which can be accessed from the licensed premises. The outdoor service area shall be on private property or on public property with a valid encroachment permit. Requires that alcohol must be a secondary use. The rider fee for locations in the Downtown Entertainment District is waived. Fee: Twenty five dollars ($25.00).
3. Beer Garden: Issued to an establishment with on-premises primary use license holder or on-premises secondary license holder when the outdoor sales and consumption occurs on private property. The rider fee for locations in the Downtown Entertainment District is waived. Fee: One hundred dollars ($100.00).
4. Catering: Allows the holder of an annual license to serve and sell alcohol for consumption off of the licensed premises while catering any event. Fee: No fee.
5. Package Sales: Issued to on-premises primary or secondary licenses and authorizes the sale of alcohol in its original container or a sealed growler/crowler. Sealed container sales, as defined by 235 Illinois Compiled Statutes 5/6-28.8, as amended, are permitted until the sunset date of January 3, 2024. Sales are subject to package liquor tax. Fee: Twenty five dollars ($25.00).
6. Amplified Sound: Amplified sound in a beer garden or outdoor service space which would normally be exempt from the noise ordinance during designated hours on designated days. The holder of this rider must comply with requests from public safety staff to lower sound levels upon receipt of multiple citizen complaints from multiple addresses in Carbondale or within the mile and a half zoning authority. The rider fee for locations in the Downtown Entertainment District is waived. Fee: One hundred fifty dollars ($150.00).
7. Live Entertainment - Any music, singing, speaking, dancing, or any act performed by a person including as a disc jockey/D.J., with or without amplification, for the purpose of entertaining patrons; excludes venues with theater seating. The rider fee for locations in the Downtown Entertainment District is waived. Fee: One hundred dollars ($100.00).
8. Video Gaming Terminals: Incidental/accessory use of video gaming terminals in an on-premises primary or on-premises secondary establishment. Does not apply to video gaming parlors. Fee: Twenty five dollars ($25.00).
9. Sixteen Plus (16+) Live Events: Minors sixteen (16) years of age and older may be present on the premises of a licensed establishment during a live instrumental, vocal, musical, theatrical, or dance performance, live poetry reading, or other similar live performance open to the public for which the following conditions are met:
a. Request for permit must be submitted with the City Manager (or designee) at least seven (7) days prior to the event and are subject to the review and discretion of the Liquor Chair (or designee).
b. The live entertainment event must be age-appropriate to the audience targeted or anticipated to be present for the live performance.
c. Performances registered as an "Sixteen Plus Show" must conclude no later than ten o'clock (10:00) P.M. Sunday through Thursday and no later than eleven o'clock (11:00) P.M. on Friday and Saturday;
d. Tickets for performances registered as a "Sixteen Plus Show"' are made available for purchase by the general public in advance of the event.
e. Minors under eighteen (18) years of age may be present only during the performance or within one (1) hour before and after the performance.
f. A performance that consists of singing along with recorded music using a microphone and public address system in which the voice of the original singer is removed or reduced and substituted with the live singer's voice, with or without lyrics displayed to the live singer, commonly known as karaoke, is not a live musical performance within the scope of this section.
g. The licensee shall actively conduct age-checking at all entrances to the licensed establishment and shall provide supervision throughout the event by persons age twenty-one (21) or older;
h. Adults twenty-one (21) years of age and older shall be identified by tamper-proof wristbands that are destroyed by removal;
i. Alcoholic beverages shall be served in distinctly different containers than those in which non-alcoholic drinks are served;
j. Alcoholic beverages shall not be sold or served in pitchers, and no person shall be served or allowed to purchase more than two (2) alcoholic beverages at the same time;
k. Licensees shall post and enforce a ban-and-bar policy that bans from the premises for a period of no less than one (1) year any person who allows or enables a minor to possess or consume alcohol on the premises, as well as any minor who possesses or consumes alcohol on the premises; individuals who violate a ban under this section shall be prosecuted for trespassing; and
l. The application and renewal shall include the licensee's certification of compliance with this subsection and the permit shall be conditioned upon full compliance with the Liquor Code. Fee: Twenty five dollars ($25.00).
B. Approval/Denial Criteria For License Riders: Consideration of the following criteria prior to granting or denying any special condition provides an objective determination of appropriateness for issuing or renewing; it requires a vote to be taken on criteria individually or as a whole, separate from a vote on the base/overall license. Application for special conditions can be made during initial or renewal processes, or at any time during the license year upon submission of application for such condition in addition to other items required for approval.
1. Conformity with surrounding land uses;
2. The business concept;
3. Proximity to/density of liquor establishments;
4. Applicant's prior business experience;
5. The public's health, safety, and welfare;
6. Public safety resources (use of);
7. Sufficiency of start-up capital;
8. History of violations relating to the operation of a liquor establishment; and
9. Any other criteria identified as relevant to the issuance, establishment, and administration of a retail liquor license.
C. Conditional Approval By Local Liquor Control Commission:
1. Any licensee seeking a special condition to the base license shall be subject to specific requirements established by the Local Liquor Control Commission, including, but not limited to minimum age restrictions, lighting, fencing, prohibition of amplified sound or entertainment, limiting sales or consumption to non-glass containers, reduced hours of operation, etc.
2. Application for special condition can be made during initial or renewal processes, or at any time during the license year upon submission of application for such condition in addition to other items required for approval.
3. At the time of application or any time during the license year, the Local Liquor Control Commission may impose specific requirements upon the special condition, after consideration of the location, the nature of the business operations, violations of the liquor code, and public safety, health and welfare.
4. Violations of this title or other sections of the Carbondale Revised Code may result in the suspension, revocation, termination, or modification of the conditions for the special condition permit and/or the closing of the licensed premises. (Ord. 2021-22; amd. Ord. 2022-42, 12-13-2022)