CHAPTER 11: INTOXICATING LIQUOR
      Article
         1.   LIQUOR CONTROL COMMISSIONER
         2.   ALCOHOLIC LIQUOR DEALERS
         3.   SOCIAL HOSTING
ARTICLE 1:  LIQUOR CONTROL COMMISSIONER
Section
   11-1-1   Commissioner
   11-1-2   Compensation
   11-1-3   Powers, duties and functions
   11-1-4   Suspension and revocation of liquor licenses
   11-1-5   Complaint of violation
   11-1-6   Notice, hearing and order
Cross-reference:
   Liquor dealers, see Ch. 11, Art. 2
§ 11-1-1  COMMISSIONER.
   The Village President shall, in accordance with state law, serve as the Liquor Control Commissioner of the village and shall be charged with the administration of the provisions of the Liquor Control Act, 235 ILCS 5/4-1 et seq., and of such ordinances and resolutions relating to alcoholic liquor as may be enacted. The Village President may appoint a person or persons to assist him or her in the exercise of the powers and the performance of the duties provided for such Liquor Control Commissioner.
§ 11-1-2  COMPENSATION.
   The corporate authorities may establish a salary for the Liquor Control Commissioner prior to the term of a new Village President. The corporate authorities may, from time to time, fix and pay compensation to the deputies, assistants or employees of the Liquor Control Commissioner as may be deemed necessary for the proper performance of the duties vested in them.
§ 11-1-3  POWERS, DUTIES AND FUNCTIONS.
   The Liquor Control Commissioner shall have the following powers, duties and functions with respect to local liquor licenses:
   (A)   To grant or suspend for not more than 30 days or revoke for cause all local licenses issued to persons or entities for premises within his or her jurisdiction;
   (B)   To adopt rules and regulations for the conduct and operation of a licensee’s business which are not inconsistent with state law or municipal ordinances;
   (C)   To enter or to authorize any law enforcing officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the state law or municipal ordinances or any rules or regulations adopted by him, her or by the State Liquor Control Commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
   (D)   To receive complaints from any citizen within his or her jurisdiction that any of the provisions of the state law or of this code have been or are being violated and to act upon such complaint in the manner provided by law;
   (E)   To order local license fees paid to the Village Treasurer;
   (F)   To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the State Liquor Control Commission;  to examine, or cause to be examined, the books and records of any such applicant or licensee or respondent; and to hear testimony and take proof for his or her information in the performance of his or her duties; and for such purposes to issue subpoenas which shall be effective in any part of the state. For the purpose of obtaining any of the information desired by the Liquor Control Commissioner under this section, he or she may authorize his or her agent to act on his or her behalf; and
   (G)   To order, upon the issuance of a written order, the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period, if the Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community; except that, if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
§ 11-1-4  SUSPENSION AND REVOCATION OF LIQUOR LICENSES.
   The Liquor Control Commissioner may, in accordance with law, revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any state law, any municipal ordinance, or any applicable rule or regulation established by the Liquor Control Commissioner which is not inconsistent with law.
§ 11-1-5  COMPLAINT OF VIOLATION.
   (A)   Any five residents of the village shall have the right to file a complaint with the Liquor Control Commissioner stating that any retailer licensed within the village has been or is violating the provisions of the State Liquor Control Commission. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based.
   (B)   If the Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he or she shall set the matter for hearing and shall serve notice upon the licensee of the complaint.
§ 11-1-6  NOTICE, HEARING AND ORDER.
   (A)   No such liquor license shall be revoked or suspended, except after a public hearing before the Liquor Control Commissioner. The Liquor Control Commissioner shall give written notice to the licensee, not less than three days prior to the hearing, affording the licensee an opportunity to appear and defend or otherwise answer.
   (B)   The Liquor Control Commissioner shall, within five days after such hearing, if he or she determines that the license should be revoked or suspended, state the reason or reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order upon the licensee within five days. The corporate authorities prescribe that an appeal from a decision of the Local Liquor Commissioner of the village shall be limited to review of the official record of the proceedings of such Local Liquor Control Commissioner.
   (C)   In the event that a hearing takes place and an appeal from that hearing is filed, the Local Liquor Control Commissioner shall require that a certified official copy of the proceedings, taken and prepared by a certified court reporter or a certified shorthand reporter, shall be filed within five days after notice of the filing of such appeal. The review by the State Liquor Control Commission shall be limited to and based upon the transcript so filed. No new or additional evidence shall be admitted or considered.
   (D)   In the event the appeal is from an order of the Liquor Control Commissioner denying a renewal application, the licensee shall have on deposit with the village an amount sufficient to cover the license fee for the renewal period and the certificate of dram shop insurance as required by this code.
ARTICLE 2:  ALCOHOLIC LIQUOR DEALERS
Section
   11-2-1   Definitions
   11-2-2   License required
   11-2-3   Term of license
   11-2-4   Applications
   11-2-5   Persons ineligible to license
   11-2-6   Violation of Retailers’ Occupation Tax Act
   11-2-7   Classification of licenses; number issued; fees
   11-2-8   Record of licenses
   11-2-9   Disposition of fees
   11-2-10   Dram shop insurance
   11-2-11   License renewal
   11-2-12   Displaying license
   11-2-13   Duplicate license
   11-2-14   Transfer of license
   11-2-15   Change in personnel
   11-2-16   Change of premises name
   11-2-17   Change of location
   11-2-18   Recovery of fees
   11-2-19   Use of premises after revocation
   11-2-20   Retail sales restrictions
   11-2-21   Election days
   11-2-22   Restrictions concerning minors
   11-2-23   Parental responsibility
   11-2-24   Hours, days of sale regulated
   11-2-25   Books and records available on request
   11-2-26   Sales to minors, habitual drunkards, spendthrifts and mental incompetents
   11-2-27   Gambling
   11-2-28   Refilling original packages
   11-2-29   Civil rights in licensed premises
   11-2-30   Sales on credit
   11-2-31   Sanitary conditions
   11-2-32   Health requirements; employees and others
   11-2-33   Peddling
   11-2-34   Possession of alcoholic liquor in motor vehicles
   11-2-35   Compliance with state statutes
   11-2-36   BASSET training required
   11-2-37   Video gaming by persons under 21 years of age prohibited
   11-2-38   Conduct prohibited in licensed premises
Cross-reference:
   Liquor Control Commission, see Ch. 11, Art. 1
§ 11-2-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC LIQUOR. Any spirits, wine, beer, ale or other liquid containing more than 0.5% of alcohol by volume, which is fit for beverage purposes.
   CLUB. A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with suitable and adequate kitchen and dining room space and equipment, and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; and, provided further that, its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting and that no member or any other officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members, beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
   INTENTIONAL CONDUCT. Conduct engaged in by a person with the conscious objective to accomplish that result or engage in that conduct.
   KNOWING CONDUCT. Conduct engaged in by a person when he or she is consciously aware of the nature or attendant circumstances of his or her conduct which constitutes an offense under this section.
   LEGAL GUARDIAN. Any foster parent, person appointed guardian or given custody of a minor by a circuit court of this state, or person appointed guardian or given custody of a minor under the State Juvenile Court Act, being 705 ILCS 405/1-1 et seq., not including any person appointed guardian only to the estate of a minor.
   MINOR. Any person over seven years of age, but not yet 21 years of age.
   NEGLIGENCE. Conduct engaged in by a person where such person fails to be aware of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under this section and where such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.
   PARENTS. The father and mother of a minor child, whether by birth or adoption, or the parent having legal custody of the minor in the event the parents are divorced or separated. The term PARENT, as used in this section, shall also be deemed to mean LEGAL GUARDIAN.
   RECKLESS CONDUCT. Conduct engaged in by a person in conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under this section and where such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
   RETAIL SALE. The sale for use or consumption and not for resale.
§ 11-2-2  LICENSE REQUIRED.
   (A)   It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer’s license, or to sell or offer for sale such alcoholic liquor in violation of the terms of such license.
   (B)   It shall be unlawful to permit the consumption of alcoholic liquor on the premises of any restaurant business by any person, unless a retail liquor dealer’s license has been issued for such premises, and then only in accordance with the terms of such license.
(Ord. 2011-12-47, passed 12-19-2011)
§ 11-2-3  TERM OF LICENSE.
   (A)   Each license shall terminate on April 30 next following its issuance. A full yearly fee shall be paid for each license issued between the period of May 1 through October 31. In the event that a new license is sought between the period of November 1 through April 30, the fee for such new license shall be 50% of the yearly license fee.
   (B)   In the event that an application for the renewal of an existing license is not filed by the second Wednesday in April, or in the event that payment submitted with the application renewed is returned to the village because of insufficient funds or other reason, the amount of the applicable fee shall be increased by 20%.
(Ord. 90-03-25, passed 3-27-1990)
§ 11-2-4  APPLICATIONS.
   (A)   Applications for such licenses shall be made to the Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain information required by application forms approved by the Liquor Control Commissioner and provided by the Village Clerk.
   (B)   All such applications shall be accompanied by a non-refundable fee in the amount of $500 to cover application handling and the costs to conduct a background investigation of the individual or the duly authorized agent. An additional fee of $150 shall be paid for each additional individual or authorized agent for which an investigation must be conducted. Application fees are in addition to the yearly license fee.
   (C)   Any change in the individual or the duly authorized agent made during the term of the license which requires an investigation shall be accompanied by a non-refundable fee in the amount of $375 for each such change made during the year.
   (D)   Such applications shall contain the following information and statements:
      (1)   The name, age and address of all applicants, whether individuals, partners, or limited partners; in the case of corporations or clubs, the date of incorporation or organization, corporate or organizational purpose, and names and addresses of all officers and directors. In addition, corporate applicants whose stock is not regulated by a state or federal securities commission shall identify all stockholders, including trust beneficiaries, pledges, contract purchasers, optionees on holders of a right of first refusal to purchase, or persons otherwise having a similar interest in any of its stock, by name, address and number of shares;
      (2)   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;
      (3)   The character of business of the applicant; and, in the case of a corporation, the objects for which it was formed;
      (4)   The location and description of the premises or place of business which is to be operated under such license;
      (5)   A statement as to whether applicant has made similar application for a similar license on premises other than described in this application, and the disposition of such application;
      (6)   A statement that the 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 article, laws of the state or ordinances of the village;
      (7)   The name and address of the landlord, if the premises are leased;
      (8)   The address of the applicant’s ware-house if he or she warehouses liquor;
      (9)   Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor; and
      (10)   A statement that the applicant will not violate any of the laws of the state or the United States in the conduct of his or her place of business.
(Ord. 92-06-76, passed 6-23-1992)
§ 11-2-5  PERSONS INELIGIBLE TO LICENSE.
   No such retail liquor dealer’s license shall be issued to the following:
   (A)   A person who is not a resident of the village; (See division (J) below for corporations.)
   (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 Liquor Control Commissioner determines, after 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 article 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 a first application;
   (I)   A co-partnership, unless all the members of such co-partnership shall be qualified to obtain a license;
   (J)   Corporations:
      (1)   A corporation, if any officer, manager or director thereof, or any stockholder or stock-holders owning in the 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 village; and
      (2)   A corporation, unless it is incorporated in this state, or unless it is a foreign corporation which is qualified under the State Business Corporation Act, being 805 ILCS 5/1.05 et seq., to transact business in the state.
   (K)   Any 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;
   (L)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his or her bond to appear in court to answer charges for any such violation;
   (M)   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;
   (N)   Any law enforcing public official, including members of the Liquor Control Commission, the Village President and any member of the corporate authorities within their own community; and no such official whose residence is within the village shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;
   (O)   A person who is not a beneficial owner of the business to be operated by the licensee;
   (P)   A person who has been convicted of a gambling offense as prescribed by state law;
   (Q)   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;
   (R)   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;
   (S)   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 wagering stamp for the current tax period; and
   (T)   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.
§ 11-2-6  VIOLATION OF RETAILERS’ OCCUPATION TAX ACT.
   In addition to other grounds specified in this article, the Liquor Control Commissioner may refuse the issuance or renewal of a retail license, or suspend or revoke such license, for any of the following violations of the state law:
   (A)   Failure to make a tax return;
   (B)   The filing of a fraudulent return;
   (C)   Failure to pay all or part of any tax or penalty finally determined to be due;
   (D)   Failure to keep books and records;
   (E)   Failure to secure and display a certificate or subcertificates of registration; and/or
   (F)   Willful violation of any rule or regulation of the state relating to the administration and enforcement of tax liability.
Cross-reference:
   Retailers’ Occupation Tax Act, see Ch. 5, Art. 1
§ 11-2-7  CLASSIFICATION OF LICENSES; NUMBER ISSUED; FEES.
   Licenses issued under this article shall be divided into various classes, and shall be limited in number and shall provide for fees as follows.
   (A)   Class A licenses.
      (1)   Class A licenses shall authorize the retail sale of alcoholic beverages in hotels, restaurants and bowling alleys for consumption on the premises. The issuance of a Class A license in a restaurant and the retention of that license in a restaurant shall only take place where more than 50% of the gross retail sales in such restaurant shall be derived from the sale of food and non-alcoholic beverages. Not more than 13 Class A licenses shall be issued. The fee for such license shall be $3,725 for each year the license is issued in the name of such licensee.
      (2)   The holder of a Class A license may also apply for a special license which shall permit the retail sale of alcoholic liquors through the entire license year for consumption in a structure located within the village where the holder of the Class A license has entered into an agreement with the owner or tenant to provide food and liquor catering services for a business or social event. The arrangement between the holder of the Class A license and the person or entity for whom the catering services are to be performed must be a bona fide contract and such operation may not be a permanent extension or a satellite operation of the Class A licensee. A Class A special license shall also authorize the retail sale of wine, but not for consumption on the premises where sold, when such sale is made in conjunction with the sale of a carry-out food order at the restaurant for which the license holder possesses a Class A license. No such special license shall be issued. The fee for such special license shall be $300 for each year the license is issued in the name of the licensee.
   (B)   Class B licenses.  Class B licenses shall authorize the retail sale of alcoholic liquors in hotels and restaurants located in the same building or complex as a hotel, or in meeting rooms, banquet facilities and conference areas located in the same hotel. Banquet facilities, meeting rooms and conference areas are locations which are not open to the general public, but are rented to persons or groups for meals, parties, weddings, conferences and other similar functions. The issuance of a Class B license in a restaurant shall only take place where more than 50% of the gross retail sales in such restaurant are derived from the sale of food and non-alcoholic beverages. When, within a single hotel, the retail sale of alcoholic liquors in a restaurant is provided by a different person, partnership, co-partnership or corporation from that entity which provides service within meeting rooms, banquet facilities and conference areas, a separate license shall be required for each entity. Not more than one license shall be issued. The fee for such license shall be $3,850 for each year the license is issued in the name of the licensee.
   (C)   Class C licenses.  Class C licenses shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold. No more than 19 such licenses shall be issued.  The fee for such license shall be $3,400 for each year that the license is issued in the name of such licensee.
   (D)   Class E licenses.
      (1)   Class E licenses shall authorize the retail sale of alcoholic liquor on the premises during a 24-hour period if such sales are limited to occasions when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquor. Issuance of such 24-hour licenses shall be limited to schools, churches, hospitals, homes for the aged or indigent persons, or for veterans, their spouses or children, or any military or naval station, governmental group or fraternal organization incorporated under a general not-for-profit corporation act.
      (2)   No more than seven such Class E licenses shall be issued to any group mentioned herein, or to any person representing any group mentioned herein in any one year. The fee for such 24-hour license shall be $25, unless waived by the Liquor Control Commissioner.
   (E)   Class F licenses.  Class F licenses shall authorize the retail sale of beer and wine only, for consumption on the premises. The retention of such Class F license shall only take place where more than 75% of the gross retail sales on such premises shall be derived from the sale of food and non-alcoholic beverages. No more than seven Class F licenses shall be issued. The fee for such license shall be $2,175 for each year that the license is issued in the name of such licensee.
   (F)   Class G licenses.  Class G licenses shall authorize the retail sale of beer and wine only, but not for consumption on the premises where sold. No more than one such licenses shall be issued. The fee for such license shall be $1,700 for each year that the license is issued in the name of such licensee.
   (G)   Class I licenses.  Class I licenses shall authorize the retail sale of draft beer only, for consumption on the premises where sold. The retention of such Class I license shall only take place where more than 75% of the gross retail sales on such premises shall be derived from the sale of food and non-alcoholic beverages. The draft beer may only be furnished in regular glasses or in disposable glasses furnished without tops. The sale of such draft beer shall be made at a separate station or location from the place where food or non-alcoholic beverages are sold. The holder of such a license shall post signs in prominent places within the establishment stating that "BEER MAY NOT BE REMOVED FROM THE PREMISES". Zero Class I licenses are authorized for issuance. The fee for such license shall be $925 for each year that the license is issued in the name of such licensee.
   (H)   Class J licenses.  Class J licenses shall authorize the retail sale of wine, in its original package, not for consumption on the premises, by a restaurant holding a Class A license, under the following conditions:  The retail sale must only be to members of a wine club operated by the restaurant or the retail sale must be made to a dining patron of the restaurant in conjunction with a meal that has been served to the dining patron.  Tasting or sampling of wine on the premises shall be allowed only if conducted as part of a promotion or sales device for the purpose of the retail sale of wine through wine club membership.  One Class J license is authorized for issuance.  The fee for such license shall be $1,100 for each year that the license is issued in the name of such licensee.
   (I)   Class K licenses.  Class K licenses shall authorize the retail sale of beer and wine by means of mail order, telephone order, or internet transmitted order for delivery to be made directly to the purchaser.
      (1)   A Class K license shall only be issued to a bona fide mail order, telephone order, or internet business for retail distribution of beer and/or wine with no direct sales of beer and wine at the facility.
      (2)   Beer and wine shall be sold and delivered in sealed packages only, and shall not be for gift or consumption on the premises of the licensee. Sales shall only be by mail order, telephone order or by internet for delivery to various locations or destinations away from the premises of the licensee.
      (3)   It is a condition of the Class K license that, beer and wine be sold only through mail order, telephone or internet order and such beer and wine be delivered by the licensee or an agent of the licensee, or by United Parcel Service or other authorized carrier, pursuant to the regulations adopted by the Illinois State Liquor Control Commission, to locations and destinations away from the premises of licensee.
      (4)   Zero Class K licenses is authorized for issuance.  The fee for such license shall be $1,700 for each year that the license is issued in the name of such licensee.
      (5)   (a)   Every Class K licensee shall establish and conduct a full age verification process which shall include the following requirements:  (i) that the purchaser provide his or her birth date and certify that he or she is at least 21 years of age prior to the placement of any order, (ii) that upon delivery of the beer or wine, the purchaser must provide a valid and legal form of identification verifying that the purchaser is at least 21 years of age and must sign a receipt for delivery of the beer or wine, and (iii) the deliverer must verify that the identification is that of the purchaser and that the purchaser is at least 21 years of age, and (iv) the licensee must maintain a copy of the signature and a receipt for the beer or wine delivery for a minimum period of one year from the date of sale.
         (b)   It shall be unlawful for holders of a Class K license to deliver beer or wine without having procured adequate information to determine that the purchaser is legally qualified to receive the product prior to delivery.
         (c)   The provisions of § 11-2-26, concerning sale or delivery to underage persons, shall apply to any delivery made by a Class K license holder whether such delivery is made by the licensee an agent of the licensee, or any postal or parcel delivery carrier. Evidence of any delivery made or shipped by a licensee in violation of § 11-2-26 shall be grounds for suspension or revocation of the Class K license.
      (6)   Every Class K licensee shall provide training to all employees or agents delivering alcoholic beverages to customers which training shall include verification techniques for identification and age.
   (J)   Class L licenses.  Class L licenses shall authorize the retail sale of alcoholic liquors by means of mail order, telephonic order or internet transmitted order for delivery to be made directly to the purchaser.
      (1)   A Class L license shall only to a bona fide mail order, telephone order or internet business for retail distribution of alcoholic liquor with no direct sales of alcoholic liquor at the facility.
      (2)   Alcoholic liquor shall be sold and delivered in sealed packages only, and shall not be for gift or consumption upon the premises of the licensee.  Sales shall only be by mail order, telephone order or by internet for delivery to various locations away from the premises of the licensee.
      (3)   It is a condition of the Class L license that alcoholic liquor be sold only through mail order, telephone order or internet order and such alcoholic liquor be delivered by the licensee or an agent of the licensee, or by the United Parcel Service or other authorized carriers, pursuant to the regulations adopted by the Illinois State Liquor Control Commission to locations and destinations away from the premises of licensee.
      (4)   One Class L license is authorized for issuance.  The fee for such license shall be $3,400 for each year the license is issued in the name of such licensee.
      (5)   (a)   Every Class L licensee shall establish and conduct a full age verification process which shall include the following requirements:  (i) that the purchaser provide his or her birth date and certify that he or she is at least 21 years of age prior to the placement of any order, (ii) that upon delivery of the alcoholic liquor, the purchaser must provide a valid and legal form of identification verifying that the purchaser is at least 21 years of age and must sign a receipt for delivery of the alcoholic liquor, and (iii) the deliverer must verify that the identification is that of the purchaser and that the purchaser is at least 21 years of age, and (iv) the licensee must maintain a copy of the signature and a receipt for the alcoholic liquor delivery for a minimum period of one year from the date of sale.
         (b)   It shall be unlawful for holders of a Class K license to deliver alcoholic liquor without having procured adequate information to determine that the purchaser is legally qualified to receive the product prior to the alcoholic liquor.
         (c)   The provisions of § 11-2-26, concerning sale or delivery to underage persons, shall apply to any delivery made by a Class L license holder whether such delivery is made by the licensee an agent of the licensee, or any postal or parcel delivery carrier.  Evidence of any delivery made or shipped by a licensee in violation of § 11-2-26 shall be grounds for suspension or revocation of the Class L license.
      (6)   Every Class L licensee shall provide training to all employees or agents delivering alcoholic beverages to customers which training shall include verification techniques for identification and age.
   (K)   Class M licenses.  A Class M license shall authorize holders of a Class C or Class G license to provide for delivery of alcoholic liquor (in the case of a Class C licensee), or beer and wine (in the case of a Class G licensee) sold on the licensed premises to a location within the village elsewhere and apart from the licensed premises. The provisions of § 11-2-26, concerning sale or delivery to minors, shall apply to any delivery made by a Class M license holder. In addition, the licensee, its agent or employee, shall obtain the signature of the recipient of the delivery upon a certification that the recipient is age 21 or older. This certification shall be retained by the licensee for a period of six months and shall be made available for inspection upon request by village officials. Zero licenses are authorized for issuance. The fee for such license shall be $450 for each year that the license is issued in the name of such licensee.
   (L)   Class N license.  A Class N license shall authorize the retail sale of alcoholic liquors for the consumption on the premises, but only when those premises are a fixed location owned by a veterans' group or fraternal organization incorporation under a general Not-for-Profit Corporation Act to which only its members and members' guests shall be served the alcoholic liquor. Not more than one such license shall be issued. The fee for such license shall be $1,625 for each year the license is issued in the name of the licensee.
   (M)   Class O license.
      (1)   A Class O license shall authorize the consumption of beer and wine which has been brought onto the premises by a patron or patrons over the age of 21 for on-site consumption where the premises is that of a restaurant as defined herein. The following provisions shall apply.
         (a)   Service of alcohol shall be permitted in conjunction with the purchase and consumption of a meal prepared on the premises while seated at a table and served by wait staff.
         (b)   No more than one 750 ml bottle of wine per patron or no more than 36 ounces of beer per patron (unopened) shall be permitted to be brought into the premises.
         (c)   Service of alcohol shall be allowed only during the restaurant hours of operation and only along with and during the regular food service and shall not exceed the hours of service of alcohol found in § 11-2-24.
         (d)   Service of alcohol shall be limited to indoor seating only. Under no circumstances shall the service of alcohol be permitted outside unless otherwise permitted by the Carol Stream Code of Ordinances.
         (e)   Licensees may only provide glassware and ice to patrons, may uncork, pour and control its consumption and may charge a corkage fee. The amount of any corkage fee shall be prominently displayed on the establishment's menu.
         (f)   The licensee shall not permit any customer to leave the licensed premises with any open beer or wine container. Partially consumed wine, which has been securely sealed by the licensee, placed into a transparent, one-time use, tamper-proof bag may be removed from the licensed premises. A licensee shall not charge for this service.
         (g)   Only employees who have successfully completed a certified training program may perform corkage/serving duties. Such employees must be at least 19 years of age and shall serve in accordance with all state and local laws.
         (h)   Licensees are prohibited from storing liquor on the licensed premises, unless otherwise provided by a separate license classification validly held by the licensee.
         (i)   Package and on-site sales of liquor is prohibited, unless otherwise provided by a separate license classification validly held by the licensee.
         (j)   No licensee shall be permitted to charge a cover charge.
         (k)   A Class O license may be issued to a restaurant in valid possession of another license classification.
         (l)   Licensees shall provide a certificate of insurance reflecting coverage for dram shop or equivalent liability for service of alcohol.
         (m)   Licensees shall be liable for violations of this article in the same manner as the holder of any other classification of liquor license, including, but not limited to, violations for service to minors and over-serving of patrons.
      (2)   The number of Class O licenses authorized for issuance shall be set at zero, effective 5-6-2013.
      (3)   The fee for a Class O license shall be $650 annually.
   (N)   Class P license.  A Class P License shall authorize the retail sale of beer and wine in its original package, not for consumption on the premises where sold, in a premises whose primary purpose is the sale of gasoline. The area devoted to the sale of beer and wine shall comprise no more than 20% of the premises retail square footage. For purposes of determining the allowable beer and wine sales area, the licensee shall submit a floor plan of the retail sales area at the time of application for the license. Areas to which access by customers is prohibited shall not be counted in the floor area calculation. The issuance of a Class P license and the retention of that license shall only take place where no more than 20% of the gross retail sales are derived from the sale of beer and wine. Sales of beer shall be limited to packages of six-packs or more, and the sale of individual serving containers of beer is prohibited. All extra beer and wine stock shall be kept in a storage room with access only to the employees. Subject to the provisions of § 11-2-24, the sale of beer and wine shall be limited to only those hours gasoline is sold. The number of Class P licenses authorized for issuance shall be seven. The fee for a Class P license shall be $1,700 annually.
   (O)   Class R  (Park District Recreation Center Caterer's License) license, which shall authorize the retail sale or the service of alcoholic liquor by the holder of a Class A or B license for consumption on the premises of the Carol Stream Park District Recreation Center in conjunction with the sale of food on the date of a catered event as specified herein.  A Class R license shall only allow service of alcoholic liquor on the date of catered Park District special events or private special events approved by the Park District where full multiple course meals or buffet style meals are served for consumption at tables, and at which alcoholic liquor may be served or sold with and incidental to the service of food by the licensee. Any private special event must be approved by the Park District, be prearranged under the sponsorship of a particular person or organization, including but not limited to weddings, graduation parties and similar affairs and cannot be open to members of the general public. Alcoholic liquor shall be consumed only within the room used for the event and no alcoholic liquor shall be served to members of the general public or consumed in areas of the Recreation Center open to the general public or outside the Recreation Center building.  No bar area devoted primarily to the service and consumption of alcoholic liquor shall be allowed. The sale and consumption of alcohol shall not be related to any commercial purpose or in connection with the sale of non-alcoholic products or to promote the sale of non-alcoholic products.  A Class R licensee shall comply with all other requirements of this Article 2.  The fee for such license shall be $50 per day for an event the license is issued in the name of the licensee.
   (P)   Limitation on sales of alcoholic liquor. Where this section, as a condition of issuance of the license, provides for a limitation on the sales of alcoholic liquor by percentage of gross retail sales, the license holder shall, upon the request of the Liquor Commissioner, provide evidence in a form satisfactory to the Liquor Commissioner that such percentage limitation on sales has not been exceeded.
   (Q)   Class V license.
      (1)   A Class V license shall authorize holders of a Class A, Class B, Class F, Class I or Class N license to operate video gaming devices upon the licensed premises upon receipt of a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq.
      (2)   Not more than 16 Class V licenses shall be issued. The annual fee for such license shall be $1,000 for each terminal located upon the licensed premises. No more than six video gaming terminals shall be located on any premises issued a Class V license.
      (3)   Upon receipt of proof of the issuance of an Illinois video gaming license, the Village Clerk shall issue a video gaming sticker which shall be affixed to each video gaming terminal in a conspicuous place, readily identifiable upon public inspection. Video gaming stickers shall not be transferable. It is unlawful to operate a video gaming terminal in the village without a valid video gaming sticker affixed thereon.
      (4)   Any denial or revocation of a video gaming license application by the Illinois Gaming Board shall constitute a revocation of a Class V license.
      (5)   Every establishment issued a Class V license to operate video gaming shall comply with the provisions of the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., and all rules, regulations and restrictions imposed by the Illinois Gaming Board.
      (6)   The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited as provided in § 11-2-24.
      (7)   Video gaming shall be located in an area that is restricted to persons over 21 years of age.
   (R)   A Class T license shall authorize the retail sales of alcoholic beverages by means of bar service only for the consumption on a premises that is annexed into the corporate limits of the village pursuant to the terms of an annexation agreement which authorizes such license.  Under no circumstances shall the service of alcohol be permitted outside unless otherwise permitted by the Carol Stream Code of Ordinances.  Unless otherwise authorized, the holder of such a license shall post signs in prominent places within the establishment stating that "ALCOHOLIC BEVERAGES MAY NOT BE REMOVED FROM THE PREMISES".  No more than one Class T license may be issued.  The fee for such license shall be $3,850.
(Ord. 90-05-45, passed 5-8-1996; Ord. 92-04-35, passed 4-14-1992; Ord. 93-05-47, passed 5-25-1993; Ord. 96-07-45, passed 7-1-1996; Ord. 96-07-46, passed 7-1-1996; Ord. 96-08-60, passed 8-19-1996; Ord. 96-10-70, passed 10-7-1996; Ord. 97-04-26, passed 4-21-1997; Ord. 97-04-27, passed 4-21-1997; Ord. 97-09-59, passed 9-2-1997; Ord. 97-11-81A, passed 11-17-1997; Ord. 98-06-40, passed 6-1-1998; Ord. 98-06-41, passed 6-1-1998; Ord. 98-10-72, passed 10-22-1998; Ord. 98-11-76, passed 11-2-1998; Ord. 99-05-33, passed 5-17-1999; Ord. 99-12-65, passed 12-6-1999; Ord. 99-12-66, passed 12-6-1999; Ord. 99-12-67, passed 12-6-1999; Ord. 2000-02-09, passed 2-7-2000; Ord. 2001-04-20, passed 4-16-2000; Ord. 2000-04-30, passed 4-17-2000; Ord. 2000-05-35, passed 5-1-2000; Ord. 2000-05-39, passed 5-15-2000; Ord. 2000-06-55, passed 6-5-2000; Ord. 2000-06-56, passed 6-5-2000; Ord. 2000-07-60, passed 7-17-2000; Ord. 2000-11-96, passed 11-6-2000; Ord. 2001-04-21, passed 4-16-2001; Ord. 2001-05-22, passed 5-7-2001; Ord. 2001-05-23, passed 5-7-2001; Ord. 2001-05-25, passed 5-7-2001; Ord. 2001-05-26, passed 5-21-2001; Ord. 2001-10-52, passed 10-1-2001; Ord. 2002-05-19, passed 5-6-2002; Ord. 2002-06-36, passed 6-17-2002; Ord. 2002-06-37, passed 6-17-2002; Ord. 2002-06-38, passed 6-17-2002; Ord. 2002-06-39, passed 6-17-2002; Ord. 2002-06-40, passed 6-17-2002; Ord. 2003-02-05, passed 2-3-2003; Ord. 2003-03-09, passed 3-3-2003; Ord. 2003-11-74, passed 11-17-2003; Ord. 2004-01-01, passed 1-19-2004; Ord. 2004-01-02, passed 1-19-2004; Ord. 2004-05-27, passed 5-3-2004; Ord. 2004-05-28, passed 5-3-2004; Ord. 2004-06-35, passed 6-21-2004; Ord. 2004-11-61, passed 11-1-2004; Ord. 2004-12-67, passed 12-6-2004; Ord. 2005-02-11, passed 2-22-2005; Ord. 2005-04-18, passed 4-18-2005; Ord. 2005-04-19, passed 4-18-2005; Ord. 2005-06-28, passed 6-6-2005; Ord. 2005-06-29, passed 6-6-2005; Ord. 2005-06-30, passed 6-6-2005; Ord. 2005-05-31, passed 6-6-2005; Ord. 2005-05-32, passed 6-6-2005; Ord. 2005-08-42, passed 8-1-2005; Ord. 2006-04-17, passed 4-17-2006; Ord. 2006-05-21, passed 5-15-2006; Ord. 2006-05-22, passed 5-15-2006; Ord. 2006-06-26, passed 6-19-2006; Ord. 2006-06-27, passed 6-19-2006; Ord. 2006-11-61, passed 11-20-2006; Ord. 2006-11-62, passed 11-20-2006; Ord. 2006-11-63, passed 11-20-2006; Ord. 2006-11-64, passed 11-20-2006; Ord. 2006-11-65, passed 11-20-2006; Ord. 2006-12-72, passed 12-4-2006; Ord. 2006-12-73, passed 12-4-2006; Ord. 2007-04-17, passed 4-16-2007; Ord. 2007-05-19, passed 5-7-2007; Ord. 2007-05-21, passed 5-7-2007; Ord. 2007-10-40, passed 10-15-2007; Ord. 2007-10-41, passed 10-15-2007; Ord. 2007-10-42, passed 10-15-2007; Ord. 2007-11-44, passed 11-5-2007; Ord. 2007-11-45, passed 11-5-2007; Ord. 2008-04-13, passed 4-21-2008; Ord. 2008-04-14, passed 4-21-2008; Ord. 2008-05-21, passed 5-19-2008; Ord. 2008-05-22, passed 5-19-2008; Ord. 2008-05-23, passed 5-19-2008; Ord. 2008-05-24, passed 5-19-2008; Ord. 2008-08-36, passed 8-4-2008; Ord. 2009-07-36, passed 7-20-2009; Ord. 2009-11-63, passed 11-16-2009; Ord. 2009-11-65, passed 11-16-2009; Ord. 2009-12-68, passed 12-21-2009; Ord. 2009-12-69, passed 12-21-2009; Ord. 2010-01-04, passed 1-19-2010; Ord. 2010-03-08, passed 3-15-2010; Ord. 2010-05-25, passed 5-3-2010; Ord. 2010-08-43, passed 8-2-2010; Ord. 2010-10-47, passed 10-4-2010; Ord. 2011-01-01, passed 1-18-2011; Ord. 2011-09-30, passed 9-6-2011; Ord. 2011-09-31, passed 9-6-2011; Ord. 2011-09-33, passed 9-19-2011; Ord. 2011-12-47, passed 12-19-2011; Ord. 2012-02-04, passed 2-6-2012; Ord. 2012-02-05, passed 2-6-2012; Ord. 2012-03-09, passed 3-19-2012; Ord. 2012-04-11, passed 4-2-2012; Ord. 2012-04-14, passed 4-16-2012; Ord. 2012-05-18, passed 5-7-2012; Ord. 2012-05-19, passed 5-7-2012; Ord. 2013-01-01, passed 1-7-2013; Ord. 2013-02-04, passed 2-4-2013; Ord. 2013-03-06, passed 3-4-2013; Ord. 2013-04-08, passed 4-1-2013; 2013-05-13, passed 5-6-2013; 2013-05-14, passed 5-6-2013; Ord. 2013-05-15, passed 5-6-2013; Ord. 2013-05-16, passed 5-6-2013; Ord. 2013-05-18, passed 5-6-2013; Ord. 2013-05-22, passed 5-20-2013; Ord. 2013-05-23, passed 5-20-2013; Ord. 2013-06-24, passed 6-3-2013; Ord. 2013-06-25, passed 6-3-2013; Ord. 2013-06-26, passed 6-3-2013; Ord. 2013-06-28, passed 6-17-2013; Ord. 2013-06-29, passed 6-17-2013; Ord. 2013-08-36, passed 8-5-2013; Ord. 2013-08-37, passed 8-19-2013; Ord. 2013-11-46, passed 11-4-2013; Ord. 2013-12-51, passed 12-16-2013; Ord. 2013-12-52, passed 12-16-2013; Ord. 2013-12-53, passed 12-16-2013; Ord. 2013-12-54, passed 12-16-2013; Ord. 2013-12-55, passed 12-16-2013; Ord. 2014-01-02, passed 1-6-2014; Ord. 2014-01-03, passed 1-6-2014; Ord. 2014-02-09, passed 2-18-2014; Ord. 2014-03-10, passed 3-3-2014; Ord. 2014-04-16, passed 4-21-2014; Ord. 2014-04-17, passed 4-21-2014; Ord. 2014-06-27, passed 6-16-2014; Ord. 2014-07-29, passed 7-7-2014; Ord. 2014-08-34, passed 8-4-2014; Ord. 2014-08-36, passed 8-18-2014; Ord. 2014-08-37, passed 8-18-2014; Ord. 2014-08-38, passed 8-18-2014; Ord. 2014-08-39, passed 8-18-2014; Ord. 2014-10-50, passed 10-20-2014; Ord. 2014-10-51, passed 10-20-2014; Ord. 2015-01-01, passed 1-5-2015; Ord. 2015-05-08, passed 5-4-15; Ord. 2015-05-09, passed 5-4-2015; Ord. 2015-10-20, passed 10-5-2015; Ord. 2015-11-25, passed 11-2-2015; Ord. 2015-11-27, passed 11-16-2015; Ord. 2015-11-28, passed 11-16-2015; Ord. 2016-02-07, passed 2-16-2016; Ord. 2016-02-08, passed 2-16-2016; Ord. 2016-03-12, passed 3-7-2016; Ord. 2016-03-13, passed 3-7-2016; Ord. 2016-03-14, passed 3-21-2016; Ord. 2016-03-16, passed 3-21-2016; Ord. 2016-03-17, passed 3-21-2016; Ord. 2016-03-18, passed 3-21-2016; Ord. 2016-04-24, passed 4-18-2016; Ord. 2016-05-26, passed 5-2-2016; Ord. 2016- 12-48, passed 12-19-2016; Ord. 2017-01-01, passed 1-17-2017; Ord. 2017-01-02, passed 1-17-2017; Ord. 2017-06-24, passed 6-5-2017; Ord. 2017-06-25, passed 6-5-2017; Ord. 2017- 06-26, passed 6-5-2017; Ord. 2017-07-31, passed 7-17-2017; Ord. 2017-07-35, passed 7-17-2017; Ord. 2017-08-47, passed 7-17-2017; Ord. 2017-08-48, passed 8-7-2017; Ord. 2017-08-49, passed 8-7-2017; Ord. 2017-08-50, passed 8-21-2017; Ord. 2017-08-51, passed 8-21-2017; Ord. 2017-08-52, passed 8-21-2017; Ord. 2017-09-53, passed 9-5-2017; Ord. 2017-10-57, passed 10-2-2017; Ord. 2017-10-59, passed 10-2-2017; Ord. 2017-10-60, passed 10-2-2017; Ord. 2017-11-67, passed 11-20-2017; Ord. 2017-11-68, passed 11-20-2017; Ord. 2017-12-71, passed 12-4-2017; Ord. 2017-12-72, passed 12-4-2017; Ord. 2018-01-02, passed 1-16-2018; Ord. 2018-02-03, passed 2-5-2018; Ord. 2018-02-06, passed 2-20-2018; Ord. 2018-05-18, passed 5-7-2018; Ord. 2018-05-20, passed 5-21-2018; Ord. 2018-06-21, passed 6-18-2018; Ord. 2018-07-24, passed 7-2-2018 ; Ord. 2018-10-39, passed 10-15-2018; Ord. 2018-10-40, passed 10-15-2018 ; Ord. 2018-12-45, passed 12-3-2018; Ord. 2019-02-01, passed 2-4-2019; Ord. 2019-03-08, passed 3-4-2019 ; Ord. 2019-06-18, passed 6-3-2019 ; Ord. 2019-09-35, passed 9-30-2019; Ord. 2019-11-36, passed 11-4-2019; Ord. 2019-12-51, passed 12-16-2019)
§ 11-2-8  RECORD OF LICENSES.
   The Liquor Control Commissioner shall keep, or cause to be kept, a complete record of all such licenses issued, and shall furnish the Treasurer, Chief of Police and Village Clerk each with a copy thereof. Upon the issuance of a new license, or the revocation of any old license, the Liquor Control Commissioner shall give written notice of such action to each of these officers within 48 hours of such action.
§ 11-2-9  DISPOSITION OF FEES.
   (A)   All such license fees shall be paid to the Liquor Control Commissioner at the time application for license is made, and shall be forthwith turned over to the Village Treasurer for deposit in the general village accounts. In the event the application is denied, the fee shall be returned to the applicant.
   (B)   If the license is granted, the fee shall be deposited as set forth above, and no portion thereof shall be refunded.
§ 11-2-10  DRAM SHOP INSURANCE.
   No license shall be granted to any applicant until such applicant shall furnish evidence satisfactory to the Liquor Control Commissioner that such applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the state insuring such applicant and the owner of the premises against liability in the minimum amount of $100,000 each for liability, one person, means of support and property damage, which such applicant may incur under the provisions of state law.
§ 11-2-11  LICENSE RENEWAL.
   (A)   Each licensee shall make application for renewal of his or her license to the Liquor Control Commissioner not less than one month prior to the end of the licensing period. The annual fee for the license must accompany this renewal application. If the Liquor Control Commissioner determines that the renewal application contains information that is in any way changed from the original application for license, in which case a new investigation of the license is necessary, a fee of $375 shall be charged to the licensee to cover the costs of such investigation, in addition to the yearly license fee.
   (B)   If, after investigation, it is determined that the applicant is not entitled to a renewal license, the yearly license fee shall be returned. The charge for the investigation is non-refundable.
   (C)   A renewal license shall be issued provided the licensee is entitled to receive a license and provided that the premises for which renewal license is sought are suitable for such purposes; pro-vided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the village.
   (D)   In the event that the village shall reduce the number of licenses below that number issued in the prior year and the number of applicants do not decrease such as to be equal to or less than the number of available licenses, the Liquor Control Commissioner may issue the available licenses on the basis of date of application, years holding prior licenses, adequate service to areas in village, record of violation or any other reasonable basis.
§ 11-2-12  DISPLAYING LICENSE.
   Every licensee shall cause his or her license to be framed and hung in plain view in a conspicuous place on the licensed premises.
§ 11-2-13  DUPLICATE LICENSE.
   In the event of the loss or destruction of a license issued pursuant to this article, upon written application to the Liquor Control Commissioner, and payment of a fee of $5, a duplicate license will be issued.
§ 11-2-14  TRANSFER OF LICENSE.
   A license shall be a purely personal privilege, good for not to exceed one year after issuance unless sooner revoked or suspended as provided in this article, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution, 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 under the 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 not longer than six months after the death, bankruptcy or insolvency of such license.
§ 11-2-15  CHANGE IN PERSONNEL.
   (A)   Any changes in partnerships, officers, directors, persons holding directly or beneficially more than 5% of the stock or ownership interest, or managers of establishments licensed under this article, shall be reported in writing to the Liquor Control Commissioner within ten days of the change. All new personnel shall meet all the standards of this article and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the Liquor Control Commissioner. In each case, a new investigation shall be completed, with the licensee paying an investigation charge of $375. Such investigation charge is non-refundable.
   (B)   When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, such license shall terminate.
   (C)   When a license has been issued to a corporation and a change takes place in officers, directors, managers or shareholders of more than 5% of the stock, resulting in the holding of office or such shares of stock by one who is not eligible for a license, such license shall terminate.
   (D)   When a license has been issued to an individual who is no longer eligible for a license, such license shall terminate.
§ 11-2-16  CHANGE OF PREMISES NAME.
   Written application to the Liquor Control Commissioner must be made before the name of the premises holding the liquor license can be changed. If the Liquor Control Commissioner determines that there is no other change to the original application, except for the name of the premises, the license issued in the former name shall become null and void and a license shall be issued in the new name at no charge to the licensee.
§ 11-2-17  CHANGE OF LOCATION.
   A retail liquor dealer’s license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permission to make such change issued by the Liquor Control Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this state and the ordinances of the village. Such relocation may only be permitted if ownership of the premises remains the same. When a change of location is desired by the licensee, an investigation of the new premises shall be completed by the village, with the licensee paying an investigation charge of $375. Such investigation charge is non-refundable.
§ 11-2-18  RECOVERY OF FEES.
   Whenever any license hereunder has been revoked or suspended as provided for in this code, the licensee shall not recover any of the moneys that have been paid for such license.
§ 11-2-19  USE OF PREMISES AFTER REVOCATION.
   When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of manufacturing, distributing or selling alcoholic liquor in the premises described in such revoked license.
§ 11-2-20  RETAIL SALES RESTRICTIONS.
   (A)   No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their 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, food shops or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of this ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
   (B)   Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
   (C)   No license shall be issued to any person for the sale of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches or drinks for such minors.
§ 11-2-21  ELECTION DAYS.
   Licensees may sell at retail any alcoholic liquor on the day of any national, state, county or municipal election, including primary elections, during the hours the polls are open, within the village.
§ 11-2-22  RESTRICTIONS CONCERNING MINORS.
   (A)   It shall be unlawful for any person under the age of 21 years to purchase or obtain any alcoholic liquor any place in the village where alcoholic liquor is sold.
   (B)   It shall be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor any place in the village where alcoholic liquor is sold.
   (C)   In every place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place, a printed card which shall be supplied by the Village Clerk and which shall read substantially as follows:
 
   “WARNING TO MINORS
 
You are subject to a fine up to $750 under the provisions of the Village Code if you purchase alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.”
 
   (D)   No person under the age of 21 years may draw, pour, mix or tend bar as an employee of any retail licensee.
   (E)   It shall be unlawful for any person under the age of 21 years to dispense, sell or deliver any alcoholic liquor in the original bottle or case for consumption off the premises of any liquor licensee.
   (F)   Except for the prohibitions provided herein, it shall be lawful for any person 18 years of age or over to work in a licensed premise and to serve alcoholic liquor.
   (G)   The Liquor Control Commissioner may revoke or suspend the retail dealer’s license for any violation of this section.
   (H)   It shall be unlawful for any person under the age of 21 years to have in his or her possession any alcoholic liquor on any street, highway, public place open to the public, or in any other place. This prohibition does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic liquor in pursuance of the order of his or her parent or in pursuance of his or her employment as long as such employment is not prohibited under the provisions of this article.
   (I)   It shall be unlawful for any person under the age of 21 years to consume any alcoholic liquor on any street, highway, public place, in any place open to the public or in any other place. This prohibition does not apply to consumption by a person under the age of 21 years where such consumption is in the performance of a religious service or ceremony or such consumption takes place under the direct supervision and approval of the parent or a person standing in loco parentis of the person under the age of 21 years.
   (J)   Any person under the age of 21 years convicted of any violation of the provisions of this section shall be fined not less than $50, nor more than $750, for each offense.
§ 11-2-23  PARENTAL RESPONSIBILITY.
   (A)   No parent shall give or deliver alcoholic liquor to his or her minor child for the minor’s consumption unless the consumption of alcoholic liquor by such minor is in the performance of a religious service or ceremony, or such consumption takes place under the direct supervision and approval of the parent of the minor or such person standing in loco parentis to the minor in the privacy of a home.
   (B)   No parent shall intentionally, knowingly, recklessly or negligently give or deliver alcoholic liquor to, or permit possession of alcoholic liquor by, his or her minor child, or any other person under the age of 21, unless such minor or person under the age of 21 is making a delivery of such alcoholic liquor pursuant to order of his or her parent, in pursuance of his or her employment, as long as such employment is not prohibited under the provisions of this article, or as otherwise allowed by division (A) of this section.
   (C)   No parent shall intentionally, knowingly, recklessly or negligently give, deliver, invite or permit the consumption of alcoholic liquor by any minors on or about any premises owned, leased or controlled by such parent, except as otherwise allowed by division (A) of this section.
   (D)   Parents shall restrain or prevent their minor children from consuming alcoholic liquor where the parent knows, or in the exercise of ordinary care should know, of a substantial probability that his or her minor child is or will consume alcoholic liquor under circumstances which would violate the provisions of this section, the State Liquor Control Act, being 235 ILCS 5/1-1 et seq., or any other ordinances, statutes or amendments thereto.
   (E)   Parents who know, or in the exercise of ordinary care should know, of a substantial probability that their minor child has consumed or will consume alcoholic liquor, whether in violation of this section, the State Liquor Control Act, or any other ordinances, statutes or amendments thereto, or as allowed under division (A) of this section, shall restrain or prevent their minor child from operating or driving a motor vehicle on the public streets and ways of the village in violation of any ordinances, law or statutes.
   (F)   Parents who know, or in the exercise of ordinary care should know, of a substantial probability that their minor child has consumed or will consume alcoholic liquor, whether in violation of this section, the State Liquor Control Act, or any other ordinance, statutes or amendments thereto, or as allowed under division (A) of this section, shall restrain or prevent their minor child from committing acts which constitute vandalism, theft, disorderly conduct, or the unjustifiable use of force in violation of any ordinance, law or statute.
   (G)   Any person who fails to perform the acts required of him under this act shall be guilty of a violation of law, and upon conviction of any violation of the provisions of this section shall be fined not less than $50 nor more than $750 for each offense.
§ 11-2-24  HOURS, DAYS OF SALE REGULATED.
   (A)   Except as provided herein, no person licensed under this article shall sell, permit to be sold or give away any alcoholic liquor between the following hours:
      (1)   2:00 a.m. and 7:00 a.m. on Saturdays and Sundays;
      (2)   3:00 a.m. and 7:00 a.m. on New Year's Day; and
      (3)   1:00 a.m. and 7:00 a.m. on all other days.
   (B)   In any premises for which a license to sell alcoholic liquors is held, all alcoholic liquor shall be removed from the tables of patrons, or other places at which patrons are seated, within 30 minutes after the applicable closing times set forth above.  In addition, no alcoholic liquor shall be consumed on any such premises 30 minutes after the applicable closing time for such premises set forth above.
   (C)   With respect to K and L licenses only, mail, telephonically or electronically transmitted orders for sales of alcoholic liquor may be received at any time, but the delivery of alcoholic liquor to the customer shall not occur during the hours set forth in division (A) of this section.
   (D)   With respect to Class R licenses, no person licensed under § 11-2-7 (O) shall sell, permit to be sold or give away any alcoholic liquor between the hours of 11:00 p.m. and 7:00 a.m. each day of the week.
(Ord. 2000-04-30, passed 4-17-2000; Ord. 2014-02-09, passed 2-18-2014; Ord. 2014-04-17, passed 4-21-2014; Ord. 2014-10-51, passed 10-20-2014)
§ 11-2-25  BOOKS AND RECORDS AVAILABLE ON REQUEST.
   It shall be the duty of every retail licensee to make books and records available upon request at all times for the purpose of investigation and control by the State Liquor Control Commission and the Liquor Control Commissioner.
§ 11-2-26  SALES TO MINORS, HABITUAL DRUNKARDS, SPENDTHRIFTS AND MENTAL INCOMPETENTS.
   (A)   No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person, or to any person known by him or her to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to any person under the age of 21 years, except in the performance of a religious ceremony or service.
   (B)   Each employee of a Class A, B, C, F, G, I, N or P license, who will be engaged in selling, mixing, preparing, serving or delivering alcoholic beverages to customers, guests or patrons, for consumption on or off of the premises, shall successfully complete a Beverage Alcohol Sellers and Servers Education and Training program conducted by an agency licensed by the Illinois Liquor Control Commission. Such training shall be completed not more than 60 days after the employee begins employment with the licensee. A copy of the employee's certificate of completion of training shall be filed with the Liquor Commissioner.
   (C)   No express company, common carrier or contract carrier that carries or transports alcoholic liquor for delivery within the village shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing alcoholic liquor and labeled as requiring signature of an adult of at least 21 years of age to any person in the village under the age of 21 years. An express company, common carrier or contract carrier that carries or transports such alcoholic liquor for delivery within the village shall obtain a signature acknowledging receipt of the alcoholic liquor by an adult who is at least 21 years of age. Any person who violates the provisions of this division (C) shall be subject to a fine of not less than $500, in addition to any other penalty provided by this code.
(Ord. 2000-11-96, passed 11-6-2000; Ord. 2013-02-04, passed 2-4-2013)
§ 11-2-27  GAMBLING.
   (A)   It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor, except as otherwise provided herein.
   (B)   Video gaming shall be permitted only in establishments that have a Class V liquor license issued in accordance with the provisions of this code.
   (C)   Only establishments issued a Class V liquor license are authorized to operate video gaming terminals within the village when licensed by the Illinois Gaming Board pursuant to the provisions of the Illinois Gaming Act, 230 ILCS 40/1 et seq.
(Ord. 2012-08-28, passed 8-6-2012; 2013-05-13, passed 5-6-2013)
§ 11-2-28  REFILLING ORIGINAL PACKAGES.
   No person licensed under this article 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 or any other potable liquid; and it shall be unlawful for any person to have in his or her possession for sale at retail any bottles, casks, or other containers containing alcoholic liquor, except in original packages.
§ 11-2-29  CIVIL RIGHTS IN LICENSED PREMISES.
   No licensee licensed under the provisions of this article shall deny or permit his or her agents and employees to deny 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.
§ 11-2-30  SALES ON CREDIT.
   No person shall sell or furnish alcoholic liquor at retail to any person on credit or on a pass book, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered; and if any person shall extend credit for such purpose the debt thereby attempted to be created shall not be recoverable at law; provided that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the by-laws of such club; and, provided further that, nothing herein contained shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by regular guests residing at such hotel and charged to the accounts of such guests; and provided further that nothing herein shall be construed to prevent payment by credit card or other credit device.
§ 11-2-31  SANITARY CONDITIONS.
   All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition, and shall be governed by the ordinances of the village regulating the condition of premises used for the storage or sale of food for human consumption.
§ 11-2-32  HEALTH REQUIREMENTS; EMPLOYEES AND OTHERS.
   It shall be unlawful to employ in any premises open to the public or engaged in the transportation, processing, preparation or packaging of food or beverages any person who the employer knows or should know, based upon reasonable observation, is afflicted with, or who is a carrier of, any contagious or infectious disease; and it shall be unlawful for any person who knows or should know that he or she is afflicted with or a carrier of any such disease, to work in or about any such premises.
§ 11-2-33  PEDDLING.
   It shall be unlawful to peddle alcoholic liquor in the village.
§ 11-2-34  POSSESSION OF ALCOHOLIC LIQUOR IN MOTOR VEHICLES.
   No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle, except in the original package with the seal unbroken.
§ 11-2-35  COMPLIANCE WITH STATE STATUTES.
   All licenses issued under this article shall be subject to all of the provisions of the State Dram Shop Act, to all applicable state statutes, village ordinances and rules of the State Liquor Commission.
§ 11-2-36  BASSET TRAINING REQUIRED.
   (A)   Each applicant for a liquor license shall successfully complete a Beverage Alcohol Sellers and Servers Training (BASSET) program conducted by an agency licensed by the Illinois Liquor Commission prior to issuance of a liquor license. Applications submitted by corporations shall require all managers and subsequent managers to successfully complete BASSET training prior to issuance of a liquor license. Proof of successful completion of BASSET training shall be required prior to issuance of the liquor license.
   (B)   Each employee of a Class A, B, C, F, G, I, N or P license, who will be engaged in selling, mixing, preparing, serving or delivering alcoholic beverages to customers, guests or patrons, for consumption on or off of the premises, shall successfully complete a Beverage Alcohol Sellers and Servers Education and Training program conducted by an agency licensed by the Illinois Liquor Control Commission. Such training shall be completed not more than 60 days after the employee begins employment with the licensee. A copy of the employee’s certificate of completion of training shall be filed with the Liquor Commissioner.
   (C)   A BASSET certificate shall be considered valid for a period of 36 months after successful completion of the program. Thereafter, employees will be required to attend a state-certified and Police Department-approved BASSET program. A person with a BASSET certificate that does not have an expiration date shall file a new certificate before 4-30-2012.
(Ord. 2002-03-07, passed 3-4-2002; Ord. 2004-06-38, passed 6-21-2004; Ord. 2011-02-02, passed 2-7-2011; Ord. 2013-02-04, passed 2-4-2013)
§ 11-2-37 VIDEO GAMING BY PERSONS UNDER 21 YEARS OF AGE PROHIBITED.
   (A)   It is unlawful for any person under the age of 21 years to play or operate a video gaming terminal.
   (B)   It is unlawful for any licensee, its employees or agents, to allow any person under the age of 21 years to play or operate a video gaming terminal.
(Ord. 2012-08-28, passed 8-6-2012)
§ 11-2-38  CONDUCT PROHIBITED IN LICENSED PREMISES.
   The following conduct is prohibited in any premises licensed under the provisions of this chapter:
   (A)   The fondling or other erotic touching of human genitals, pubic area, perineum, anus, anal cleft or cleavage, pubic hair, buttocks or female breasts;
   (B)   The manipulation of the human body of another, including massage, by the use of any portion of manipulator's body, whether covered or uncovered, or by any device, if the person performing the manipulation or the person receiving the manipulation is in a state of nudity or semi-nudity;
   (C)   The performance of any sexual acts, heterosexual, homosexual or bisexual, including without limitation intercourse, fellatio, cunnilingus, analingus, masturbation, bestiality, sodomy, bondage and discipline, sadism and masochism, and sex acts between animals;
   (D)   The actual or simulated display of the female breast below the areola, the genitals, pubic hair, buttocks, perineum, or vulva;
   (E)   The permitting by a licensee of any person who exposes to public view any portion of his or her genitals or anus, to remain in or upon the licensed premises;
   (F)   The displaying of any films, videos or pictures depicting any act, the live performance of which is prohibited by this section.
(Ord. 2016-07-31, passed 7-18-2016)
ARTICLE 3:  SOCIAL HOSTING
Section
   11-3-1   Definitions
   11-3-2   Duty of host
   11-3-3   Prohibited acts
   11-3-4   Prima facie evidence—presumption
   11-3-5   Exceptions
   11-3-6   Unlawful assembly by underaged persons
   11-3-7   Penalties
§ 11-3-1  DEFINITIONS.
   For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
   ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains .5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
   CONTROL. To have legal authority over a premise by ownership, lease, license, or permission or, where no legal authority exists, to exert authority over a premise.
   CONVEYANCE. Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.
   GATHERING OR EVENT. Any group of two or more persons who have assembled or gathered together for a social occasion or other activity.
   HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit.
   ILLICIT DRUGS. Any drug, substance or compound prohibited by law, including drugs prescribed by a physician, which are in the possession of or used by someone other than the person to whom the drug was prescribed.
   PARENT. Any person having legal custody of a juvenile:
      (1)   As a natural, adoptive parent, or stepparent;
      (2)   As a legal guardian; or
      (3)   As a person to whom legal custody has been given by order of the court.
   PERSON. Any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
   POSSESSION. Actual possession or constructive possession based on facts, which permit the inference of intent to possess or control.
   PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of conducive of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.
   PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, governmental buildings, transport facilities, parks, businesses or parking lots.
   RELIGIOUS CEREMONY. The possession, consumption and dispensation of alcohol or an alcoholic beverage for conducting any bona fide rite or religious ceremony.
   UNDERAGE PERSON. Any individual under 21 years of age.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-2  DUTY OF HOST.
   (A)   It shall be the duty of each person who controls a premise to take reasonable steps to ensure that underage persons do not possess or consume alcoholic beverages or illicit drugs on such premises.
   (B)   Reasonable steps shall include, but not be limited to:
      (1)   Controlling underaged persons access to alcoholic beverages or illicit drugs,
      (2)   Supervising underaged persons activities at any gathering on such premises,
      (3)   Controlling the quantity of alcoholic beverages,
      (4)   Verifying the age of persons being served, in possession of or consuming alcoholic beverages at any gathering,
      (5)   Notifying law enforcement of underage possession or consumption of alcoholic beverages or illicit drugs and allowing the law enforcement officers to enter the premises for stopping the possession or consumption of alcoholic beverages or illicit drugs by underage persons.
      (6)   Notifying law enforcement in advance of departing the premises that the owner, lessee, tenant, or person in control of a premise will be away and no underage person is authorized to be present and consume or be in possession of any alcoholic beverage or illicit drugs on the premises.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-3  PROHIBITED ACTS.
   (A)   It is unlawful for any person to host a gathering of underaged persons on any premises, whether public or private, or in any conveyance, over which that person has control or a reasonable opportunity to control, when that person knows or reasonably should have known that an underage person is in possession of or has possessed or consumed an alcoholic beverage or an illicit drug at such gathering.
   (B)   It is unlawful for any person to fail to take reasonable steps to prevent the possession or consumption of alcoholic beverages or illicit drugs by any underage person at a gathering on a premise, whether public or private, or in a conveyance, over which that person has control or a reasonable opportunity to control.
   (C)   It is unlawful for any person to intentionally aids, advises, hires, counsels, conspires with, or solicits another person to commit a violation of this article.
   (D)   A person who hosts a gathering does not have to be present at the gathering to be responsible and in violation of the provisions of this article.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-4  PRIMA FACIE EVIDENCE—PRESUMPTION.
   It shall be prima facie evidence that a person who hosts a gathering of underaged persons had knowledge or should have had knowledge that an underage person possessed or consumed an alcoholic beverage or illicit drug, if the person who hosts the gathering is present at the premises at the time the underaged person possessed or consumed any alcoholic beverage or illicit drug.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-5  EXCEPTIONS.
   (A)   A person who hosts a gathering of underaged persons shall not be in violation of this article if he or she:
      (1)   Terminates the gathering because the person has been unable to prevent an underage person from consuming or possessing alcoholic beverages or illicit drugs, as long as the termination occurs prior to law enforcement intervention or any other person making a complaint to a law enforcement agency about the gathering.
      (2)   Seeks assistance from law enforcement to remove any person who refuses to abide by the host's performance of his or her duties under this article.
   (B)   This article shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or exclusively between an underaged person and his or her parent, as permitted by state law.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-6  UNLAWFUL ASSEMBLY BY UNDERAGED PERSONS.
   It is unlawful for any person under the age of 21 years to remain in any premises or conveyance, when such person knows, or reasonably should have known that one or more other persons under the age of 21 years located upon such premises or conveyance is/are in possession of or have consumed any alcoholic beverage or illicit drug.
(Ord. 2019-04-13, passed 4-1-2019)
§ 11-3-7  PENALTIES.
   (A)   Any person who violates any provision of this article shall be fined not more than $1,000 for each such violation.  Each day on which, or during which a violation occurs shall constitute a separate offense.
   (B)   The first violation of this article shall be punishable by a fine of not less than $500 plus applicable court costs.
   (C)   A second violation of this article by the same person within a 12-month period shall be punishable by a fine of no less than $750 plus applicable court costs.
   (D)   A third or subsequent violation of this article by the same person within a 12-month period shall be punishable by a fine of no less than $1,000 plus applicable court costs.
   (E)   The court may, in its discretion, order the person to perform community service of an equivalent value to the fine imposed under this section
(Ord. 2019-04-13, passed 4-1-2019)