(A) For the purposes of this section, the term "entertainment" is defined as the offering or permitting of any amusement feature, including music, singing, acting, dancing or contests, whether by personal performance, instrumental or mechanical reproduction, but excluding music by juke box or radio reception.
(B) Every person, partnership, firm or corporation engaged in the retail sale of alcoholic liquor in the village shall pay an annual license fee.
(C) Such licenses shall be divided into the following classes:
(1) Class A - Restaurant permitting bar and package liquor. Class A licenses shall authorize the retail sale upon the premises specified of alcoholic liquor in conjunction with the operation of a restaurant as herein defined. Sales at or over a bar, a service bar and at tables are permitted. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited except the retail sale of only alcoholic liquor in its original package with the seal unbroken for consumption off the premises where it is sold is permitted. The annual fee for a Class A license shall be $1,000 for an establishment not offering entertainment on the premises. The annual fee for a Class A license shall be $1,600 for an establishment offering entertainment on the premises.
(2) Class B - Establishment permitting bar. Class B licenses shall authorize the retail sale upon the premises specified of alcoholic liquor in conjunction with the operation of a Class B establishment as herein defined. Sales at or over a bar, a service bar and tables are permitted. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited. Sixty percent or more of the gross sales receipts must be attributable to sales other than alcoholic beverages on the premises. The annual fee for a Class B license shall be $1,000 for an establishment not offering entertainment on the premises. The annual fee for a Class B license shall be $1,600 for an establishment offering entertainment on the premises.
(3) Class C - Package liquor store (Carry-outs). Class C licenses shall authorize the retail sale of alcoholic liquor in its original package with seals unbroken for consumption at places other than upon the licensed premises. The consumption of alcoholic liquors upon such premises is expressly prohibited. The annual fee for a Class C license shall be $1,000.
(4) Class D - Outing permits. Class D licenses shall authorize the sale or distribution of alcoholic liquors at the place specified in the application for picnics or other public outings for periods not to exceed one day. The fee for a class D license shall be $50 for each day the license is in effect. Said fee shall be waived twice per calendar year for any unit of local government and for any not for profit corporation whose principal address is within the village. A series of fund-raising events with the same common theme shall be considered one waiver for the entire series.
(5) Reserved.
(6) Class F - Beer and wine package sales (Carry-outs). Class F licenses shall authorize the retail sale of beer and wine in their original package with seals unbroken for consumption at places other than upon the licensed premises. The consumptionof beer, wine or any other alcoholic beverages upon the licensed premises is expressly prohibited. The annual fee for a Class F license shall be $1,000.
(7) Class G - Resort permitting bar and package liquor. Class G licenses shall authorize the retail sale upon the premises specified of alcoholic liquor for consumption upon the specified premises at or over a bar, a service bar and/or at tables. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited except that the retail sale of alcoholic liquor in its original package with the seal unbroken for consumption off the premises where they are sold is permitted. The sale and consumption of alcoholic liquor outside the enclosed structure described in the application is expressly permitted. The annual fee for a Class G license shall be $1,400 for an establishment not offering entertainment on the premises. The annual fee for a Class G license shall be $2,000 for an establishment offering entertainment on the premises.
(8) Entertainment fee. Prior to permitting entertainment, the licensee shall first pay to the village a $600 entertainment fee. This fee shall be in addition to any license fee previously paid.
(9) Class H - Town Center. Class H license shall authorize the retail sale upon the premises specified of alcoholic liquor for consumption upon the specified premises at or over a bar, a service bar and/or at tables. The sale of alcoholic liquor for consumption off the premises where they are sold (carry outs) is expressly prohibited. The annual fee for the Class H license shall be $1,000 for an establishment not offering entertainment on the premises. The annual fee for a Class H license shall be $1,600 for an establishment offering entertainment on the premises. Any Class H establishment must conform to the following:
(a) A Class H license shall only be issued for a restaurant.
(b) At least 60% of the gross sales at such restaurant must be generated from the sale of food.
(c) The restaurant must contain a minimum of 1,500 square feet of indoor dining area with sit down dining. Dining area shall not include any bar area.
(d) The consumption of alcoholic liquor in outdoor dining areas is permitted in areas approved in conjunction with the liquor license.
(10) Class I - Beer and Wine. Class I license shall authorize the retail sale upon the premises specified of alcoholic liquor for consumption upon the specified premises. The premises shall not serve at or over a bar but may serve at a service bar or at tables. At least 60% of the gross receipts upon the premises must be generated from sales of goods other than alcoholic beverages or from fees for services or entertainment. The annual fee for the Class I license shall be $1,000 for an establishment not offering entertainment on the premises. The annual fee for a Class I license shall be $1,600 for an establishment offering entertainment on the premises.
(11) Class J - Extended Time. A Class J license shall authorize the holder of a Class B license to stay open one hour longer than the hours set forth for a Class B license in § 111.41. The Class J license shall be in addition to the Class B license and may be issued, suspended or revoked together with or separate from the Class B license. That except for the extended closing time, all other terms, conditions and restrictions of the Class B license shall remain in full force and effect. The annual fee for the Class J license shall be $200.
(12) Class K - Winery/Microbrewer/Distiller. A Class K license shall, to the extent permitted by state law and state issued licenses, authorize a winery, craft distillery or microbrewery to: a) ferment/distill/produce cider, mead, wine, spirits or beer "products" on the specified licensed premises, b) furnish samples of products for consumption on the premises, c) sell products for consumption on the premises, and d) sell products in the original corked, capped or sealed and labeled container for consumption on or off the premises. Provided, however, that if more than 60% of the total sales at the licensed premises as measured in dollars are not from the sale of food, then in that event, more than 60% of the total sales measured in dollars at the licensed premises must be from sale of products produced by the licensee at the licensed premises or at another location operated by the licensee. The annual fee for the Class K license shall be $1,000 for an establishment not offering entertainment on the premises. The annual fee for a Class K license shall be $1,600 for an establishment offering entertainment on the premises.
(a) In addition to the sale of products produced at the licensed premises, the licensee may also sell for consumption on or off the premises products fermented or distilled by the licensee at another location.
(b) The Class K License does not allow the sale of alcoholic beverage other than as herein specifically permitted.
(13) Class L - Outdoor Service Areas. Shall authorize the sale, delivery and consumption of alcoholic beverages outside the licensed premises in an “outdoor service area” subject to the following conditions:
(a) The outdoor sale, delivery and consumption of alcoholic beverages (“outdoor service”) is only permitted in approved outdoor service areas.
(b) The outdoor dining area must close and there shall be no outdoor service after 11:00 p.m. Monday through Saturday or after 10:00 p.m. on Sunday.
(c) 1. An applicant for an outdoor dining area license shall mail, by first class mail, notices to all residences within 250 feet and to all businesses which are adjacent to the proposed outdoor dining area within 250 feet of the property lines of the location for which the license is sought. The applicant must file with the Liquor Control Commissioner the following:
a. A certificate of service which shall consist of an affidavit signed by the person or persons who effectuated the mailing, verifying the date of mailing and listing the names and addresses of individuals served;
b. An affidavit verifying that all persons entitled to notice under this section are listed in the certificate of service as having been served with notice;
c. A complete list containing the names and addresses of the persons served with notice; and
d. A written statement certifying that the requirements of this Section have been met.
2. This notice shall be sent to all persons to whom the current real estate tax bills are sent as shown on the record of the Will or Grundy County Treasurer’s Office. The notice shall be sent no sooner than 60 days and no later than 30 days before the filing of the outdoor dining license application with the Liquor control Commissioner. Such notice shall state the name and residence address of the applicant, the street number and location of the premises for which the license is sought, the type of license sought, the hours of operation for the premises to be licensed, and the date on which the application will be filled. The notice shall also state that any objection to the granting of the license sought shall be made to the Liquor Control Commissioner, in writing, signed by the objector and sent before or within ten days after the date for filing the application as indicated on the notice, and shall set forth the specific grounds for the objection.
3. The notice requirements of this section do not apply to renewal of Class L licenses nor to the initial issuance of a Class L license for a licensee which was previously approved for serving alcohol outside pursuant to the emergency relief implemented because of the Covid pandemic. All other requirements for issuance of a Class L license shall apply.
(d) No alcoholic beverages may be sold, served or transported beyond the established perimeter fence of the outdoor dining area at any time whatsoever, except to return into the primary establishment.
(e) No person shall possess or consume alcoholic beverages in the outdoor dining area at any time other than during the permitted outdoor dining area open hours.
(f) Outdoor loudspeakers or amplified music or sound systems shall be permitted in the outdoor service area, however, any music or audio programming played on such equipment shall be permitted only when it is not audible at the property line of any residence 100 feet or more from the perimeter of the outdoor service area.
(g) The licensee shall be required to adopt adequate internal controls or rules to limit the noise generated by any patrons or other persons in the outdoor dining area so that the noise shall not be audible at any point 100 feet from the perimeter.
(h) When the outdoor service area is located on a public sidewalk, at least six feet of clearance shall be afforded in a convenient location for pedestrians to walk through and all accessibility requirements shall be meet.
(i) The outdoor service license may only be held by Class A, B, H, or and K licensees. An outdoor service license may be suspended or revoked independent of or in conjunction with the underlying license.
(j) The applicant for an outdoor dining license must submit a site plan for the proposed area. The site plan shall depict the area for outdoor dining. The outdoor dining area shall be operated in conformance with the approved site plan.
(k) The licensee must have a lease for the outdoor dining area for the same term as the licensed premises.
(l) The outdoor dining area must be adjacent and contiguous to the indoor establishment.
(m) The outdoor dining area must be enclosed by a minimum four (4') foot decorative fence which shall be brick, stone, wrought iron, PVC, aluminum, or wood. Chain link is expressly prohibited. The fence is subject to review and approval by the Liquor Commissioner as part of the site plan.
(n) There shall be no additional fee for a Class L license.
(14) Class M - BYOB. Allows BYOB at business establishments which do not have another class of liquor licenses to permit patrons to BYOB in connection with an open house or a service being provided by the licensee such as, but not limited to, salons, spas, art classes and related activities, barber shops, restaurants without an underlying liquor license, subject to the following conditions:
(a) The licensee shall at all times be responsible to ensure that persons under 21 years of age do not consume alcoholic beverages at the licensee's business.
(b) An employee of the licensee who has current Bassett or similar certified training must be present at all times when alcoholic beverages are consumed. Evidence of current Bassett training must be posted conspicuously within the establishment.
(c) Proof of a host liability insurance policy in the amount of not less than $1,000,000 must be provided by the licensee at the time of the application.
(d) Licensees shall be liable for violations of this chapter in the same manner as the holder of any other class of license.
(e) The license will be valid for the calendar year issued unless suspended or revoked as provided by this chapter.
(f) The license shall permit consumption on the premises only between the hours of 10:00 a.m. and 11:00 p.m.
(g) The license must be prominently displayed on the premises.
(h) The annual fee for a Class M License shall be $500.
(D) The liquor license fee for current holders of Class A, B, G, I and K licenses shall be reduced by one-half for the year 2021.
(Ord. 337, passed 12-5-83; Am. Ord. 442, passed 2-22-88; Am. Ord. 494, passed 11-30-88; Am. Ord. 665, passed 7-15-91; Am. Ord. 891, passed 2-5-96; Am. Ord. 1082, passed 12-20-99; Am. Ord. 1315, passed 11-17-04; Am. Ord. 1377, passed 3-21-05; Am. Ord. 1384, passed 6-6-05; Am. Ord. 1541, passed 7-7-08; Am. Ord. 1620, passed 4-19-10; Am. Ord. 1852, passed 6-6-16; Am. Ord. 1853, passed 6-6-16; Am. Ord. 1888, passed 3-20-17; Am. Ord. 1916, passed 12-15-17; Am. Ord. 1990, passed 11-4-19; Am. Ord. 2033, passed 11-2-20; Am. Ord. 2077, passed 2-7-22; Am. Ord. 2104, passed 12-5-22) Penalty, see § 111.999