3-3-11: CLASSIFICATION OF LICENSES; FEES:
All licenses shall be classified as follows:
   A.   Class A License: Class A licenses shall authorize the sale of alcoholic liquor at retail on the premises specified, for consumption on or off said premises. Off premises sales shall be secondary to on premises sales and shall not, for any thirty (30) day period, exceed fifty percent (50%) of the total sales of alcoholic beverages for said licensed establishment. The annual fee for such license shall be one thousand four hundred dollars ($1,400.00).
   B.   Class B License: Class B licenses shall authorize the sale of alcoholic liquor by a "club", as defined in section 3-3-1 of this chapter, for consumption only on the premises where sold. A Class B license shall be issued only to a club. To obtain a club license, the applicant must have the qualifications as provided by the laws of the State and this Code relating to alcoholic liquor. The annual fee for such license shall be one thousand two hundred fifty dollars ($1,250.00).
   C.   Class C License: Class C licenses shall authorize the sale of alcoholic liquor at retail on the premises specified for consumption on said premises. The annual fee for such license shall be one thousand two hundred fifty dollars ($1,250.00).
   D.   Class D License: Effective January 1, 2019, all existing Class D licenses shall be renewed as Class C licenses provided the license holder meets all criteria for such renewal.
   E.   Class E License:
      1.   Class E licenses shall authorize the sale of alcoholic liquor only for consumption off the premises. A "drugstore" and/or "grocery store", as defined in section 3-3-1 of this chapter, may be allocated a Class E license, provided:
         a.   All displays of alcoholic liquor shall be conducted in a partitioned area so as to be screened completely from view within the remainder of the store premises.
         b.   One entrance/exit with a maximum width of eight feet (8') is provided to the liquor display area for customer ingress/egress.
         c.   That the privilege to sell alcoholic beverages granted pursuant to a Class E license to a "grocery store", as defined in section 3-3-1 of this chapter, shall be limited to the sale of beer and/or wine only.
      2.   That Class E licenses shall authorize the distribution of alcoholic liquor for consumption on premises provided that said consumption on premises is limited to consumption of sample quantities only, said consumption being for the purposes of marketing and advertising certain alcoholic products on sale within said licensed establishment.
All other requirements and restrictions contained in this chapter shall be applicable.
      3.   The annual fee for such license shall be one thousand four hundred dollars ($1,400.00).
   F.   Special Use Permit License:
      1.   A special use permit license hereby authorizes a retailer to transfer beer and wine from an existing licensed retail premises to a designated site for a specific event; provided, that said sales meet the following criteria:
         a.   The special use permit license is valid for up to two (2) consecutive days and shall not exceed the hours of ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight. The special use permit license is valid for those specific hours specified by the Liquor Commissioner on a specified date. The particular hours for any given permit may be as few as two (2) hours and as many as fourteen (14) hours.
         b.   No more than one special use permit license may be issued for any given day.
         c.   The event for which the special use permit license is issued must be open to the public.
         d.   Access to the area designated for the special use permit license will be restricted to those twenty one (21) years of age or older.
         e.   Alcohol dispensed within the designated area must be consumed in that area and may not be removed from the designated area.
         f.   No more than three (3) special use permit licenses may be granted in any twelve (12) month period, and no applicant shall receive more than one special use permit license in any twelve (12) month period.
         g.   In addition to the three (3) special use permit licenses that may be granted to the public, as provided in subsection F1f of this section, the City of Charleston shall be permitted special use permit licenses for its exclusive use. The special use permit licenses granted to the City of Charleston do not count toward the three (3) available to the public.
      2.   The fee for such license shall be three hundred dollars ($300.00).
   G.   Hotel/Motel License:
      1.   For the purposes of this hotel/motel license a "hotel/motel" shall be defined as every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential in which twenty five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same buildings or building in connection therewith, and such buildings or building, structures or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.
      2.   A hotel/motel license hereby authorizes the sale of alcoholic liquor only for consumption on premises, provided however, that the premises plan defined for a hotel license shall include all guestrooms located within the hotel/motel, and all areas open to the public.
      3.   The annual fee for such license shall be one thousand two hundred dollars ($1,200.00).
   H.   County Fair Special Use Permit License:
      1.   A special use permit license hereby authorizes an existing City of Charleston licensed retailer selected and sponsored by the County Fair Board to transfer beer and wine from an existing licensed retail premises to the County Fairgrounds for no more than four (4) days of the Coles County Fair provided that the following conditions are met:
         a.   The special use permit license shall not exceed the hours of one o'clock (1:00) P.M. to twelve o'clock (12:00) midnight.
         b.   The license is valid only during days when the fair is open to the public.
         c.   The selected retailer and the County Fair Board provide the required insurance coverage in favor of the City and hold the City harmless from any and all claims, suits, expenses, demands and costs arising out of or related to the sale of alcohol at the Coles County Fair.
         d.   Access to the area designated for alcohol sales and consumption will be restricted to those twenty one (21) years of age or older.
         e.   Alcohol dispensed within the designated area must be consumed in that area and may not be removed from the designated area.
      2.   The fee for such license shall be three hundred dollars ($300.00).
   I.   Brew Pub License:
      1.   A brew pub license may be issued to any person who qualifies to hold a "brew pub" or "craft brewer" license from the State of Illinois and that is also selling alcoholic beverages for consumption on the premises. A brew pub licensed pursuant to this section is permitted to manufacture malt liquors or fermented malt beverages upon its licensed premises. Malt liquors or fermented malt beverages manufactured by a brew pub licensee on the licensed premises may be:
         a.   Furnished for consumption on the premises;
         b.   Sold to independent wholesalers for distribution to licensed retailers in accordance with State law;
         c.   Sold to the public in sealed containers for off-premises consumption.
      2.   Every person selling alcoholic beverages pursuant to this section shall purchase alcoholic beverages, other than those that are manufactured at the licensed brew pub, from a wholesaler licensed by the State of Illinois. The brew pub licensee shall retain evidence of each purchase of malt, vinous, and spirituous liquors from a licensed wholesaler.
      3.   It shall be a condition of a brew pub licensee's right to sell alcohol for consumption on the premises that at least fifteen percent (15%) of the gross sales of food and alcohol of the business be attributable to the sale of food. The licensee shall provide sufficient records of the sales revenues to the City to support this requirement. These records shall be submitted prior to the annual renewal of the brew pub license.
      4.   The annual fee for such license shall be one thousand four hundred dollars ($1,400.00).
   J.   Lake Charleston Pavilion Special Use Permit License:
      1.   A special use permit license hereby authorizes a retailer to transfer beer and wine from an existing licensed retail premises to the Lake Charleston Pavilion for a specific event; provided, that said sales meet the following criteria:
         a.   The special use permit license is valid for those specific hours specified by the Liquor Commissioner on a specified date. The hours of the permit shall not be earlier than one o'clock (1:00) P.M. and shall not be later than nine o'clock (9:00) P.M. The particular hours for any given permit may be as few as two (2) hours and as many as eight (8) hours.
         b.   Alcohol dispensed within the Lake Charleston Pavilion must be consumed in the pavilion and may not be removed from the pavilion area.
         c.   The licensed retailer shall be responsible for compliance with all laws concerning consumption and possession of alcohol served under the authority of the special use permit.
         d.   The permit holder shall hold the City of Charleston harmless from any and all claims arising out of or related to the permit and its associated activities and the licensed retailer shall name the City of Charleston as an additional named insured for claims arising out of or related to the special use permit.
      2.   The fee for such license shall be three hundred dollars ($300.00).
   K.   Class K Special Event License:
      1.   A Class K Special Event license issued pursuant to this chapter shall entitle the licensee to sell alcoholic liquor for consumption on property owned by the City in connection with any festival, banquet, picnic, bazaar, fair, or similar special event.
      2.   A Class K license fee is one-hundred twenty-five dollars ($125.00) for each event. For purposes of this section, an event may cover multiple days as long as it is at the same location and for the same purpose and is submitted under one special event license application.
      3.   A Class K licensee may sell and serve alcoholic liquor for a special event during the following hours:
 
Day
Hours
Sunday
10:00 a.m. until 9:00 p.m.
Monday through Thursday
For each day: 10:00 a.m. until 11:00 p.m.
Friday and Saturday
For each day: 10:00 a.m. until 12:00 a.m.
Exception: Any Class K special event that takes place outside of an enclosed building shall cease the sale of alcoholic liquor at 9:00 p.m. of the same day upon which sales commenced.
 
      4.   A Class K license shall require proof of dram shop (liquor liability) insurance on behalf of the City in the amount of one million dollars ($1,000,000.00).
      5.   The Class K license also requires an approved rental agreement with the City and all rental fees are in addition to the fee required under this Chapter. The licensee, in addition to the dram shop insurance, must have general liability and/or umbrella coverage naming the City as an additional insured for no less than one million dollars ($1,000,000.00) if less than five hundred (500) persons are expected to be in attendance or two million dollars ($2,000,000.00) if more than five hundred (500) persons are expected to be in attendance. There is no ability to obtain a Class K license without the prior approval of a rental agreement for use of City property for the event.
      6.   If the sale of alcoholic liquor is to be conducted outside of an enclosed building, the following requirements must be met:
         a.   Adequate lighting must be maintained at all times such that law enforcement personnel may visually identify patrons.
         b.   Sound amplification is allowed only if the event location is more than five hundred (500) feet from any residentially zoned parcel, which shall be measured from the nearest part of the event location premises to the nearest part of any residentially zoned parcel. If sound amplification is allowed based on this distance, such sound may not cause alarm or disturb the public peace and quiet. If the amplified sound creates a nuisance, the sound amplification must be adjusted or, where directed by law enforcement, cease immediately.
         c.   Security provided by Charleston police department and paid for by licensee if the liquor commissioner or designee deems it necessary.
         d.   Only non-glass containers may be used.
      7.   A Class K licensee may provide live entertainment.
      8.   Minors may be allowed on the premises licensed as a Class K licensee pursuant to this chapter for purposes other than the purchase, possession or consumption of alcoholic liquor; however, no minor may be allowed to possess or consume alcohol at any time nor be allowed to be present at the service bar.
      9.   A Class K license application shall be received in the office of the local liquor control commissioner not fewer than ten (10) business days prior to the event and include the following information:
         a.   Full legal name of authorized representative of the sponsoring entity (entities) or person(s).
         b.   Mailing address, email address and telephone number to be reached during the hours of event;
         c.   Copy of government issued photo identification of authorized representative of the organization referenced in subsection 9.a. above;
         d.   Type of event, location, date, and beginning and ending times.
      10.   Following issuance of a Class K Special Event liquor license by the City, a licensee shall submit an Application for a State of Illinois Special Event Retailer's Liquor License to the Illinois Liquor Control Commission and obtain a state liquor license for the event.
   L.   Class L Special Event Hosted Bar License:
      1.   Class L Special Event Hosted Bar license shall be issued only for a private event to be held on private property in a non-residential zoning District by invitation to attendees and not open to the general public. For purposes of this Chapter, an invitation to past, present and future customers at a marketing event is not considered to be the general public. As the host of a special event, the licensee may be an individual, corporation, limited liability company or partnership who will be providing alcoholic liquor free of charge to attendees of the event.
      2.   A Class L license fee is twenty-five dollars ($25.00) for each event. For purposes of this section, an event may cover multiple days as long as it is at the same location and for the same purpose and is submitted under one special event license application.
      3.   A Class L licensee may serve alcoholic liquor at a special event during the following hours:
 
Day
Hours
Monday through Thursday
For each day: 3:00 p.m. until 10:00 p.m.
Friday and Saturday
For each day: 10:00 a.m. until 11:00 p.m.
 
      4.   A Class L licensee may provide live or recorded entertainment including amplified sound during the same hours listed in section 3-3-11 L.3. above.
      5.   A Class L license shall require proof of dram shop (liquor liability) insurance on behalf of the City in the amount of one million dollars ($1,000,000.00).
      6.   A Class L licensee shall only serve alcoholic liquor in non-glass containers.
      7.   Minors may be allowed on premises licensed as a Class L licensee pursuant to this chapter for purposes other than the purchase, possession or consumption of alcoholic liquor; however, no minor may be allowed to be present at the service bar.
      8.   A Class L license application shall be received in the office of the local liquor control commissioner not fewer than ten (10) business days prior to the event and include the following information:
         a.   Full legal name of individual or authorized representative of corporation, limited liability company or partnership;
         b.   Mailing address, email address and telephone number to be reached during the hours of event;
         c.   Copy of government issued photo identification of individual, authorized representative of corporation, limited liability company or partnership members applying for the license;
         d.   Type of event, location, date, beginning and ending times.
      9.   A State of Illinois liquor license is not required following issuance of a Class L Special Event Hosted Bar liquor license by the City if the applicant will only be providing alcoholic liquor free of charge to attendees of the event.
   M.   Class M License:
      1.   Class M licenses shall authorize the sale of alcoholic liquor for consumption on or off said premises. A "convenience store", as defined in section 3-3-1 of this chapter, may be allocated a Class M license, provided:
         a.   That the privilege to sell alcoholic beverages granted pursuant to a Class M license to a "convenience store", as defined in section 3-3-1 of this chapter, shall be limited to the sale of beer and/or wine only.
         b.   The retail items for off premises sales must be in packaged forms and not to be consumed on the premises where sold.
         c.   Drive-thru sales of beer and/or wine for consumption on or off premises is prohibited.
         d.   Alcohol consumed on premises shall be consumed in a designated area partitioned from the remainder of the store premises. Alcohol shall not be consumed outside of the designated area.
      2.   The principal business of the licensee shall be the retail sale of food items, groceries, and/or convenience store items, and must offer the sale of gasoline with operational gasoline and fuel sales/pumps for public consumption.
      3.   All other requirements and restrictions contained in this chapter shall be applicable.
      4.   The annual fee for such license shall be one thousand four hundred dollars ($1,400.00). (Ord. 19-O-1, 1-2-2019; amd. Ord. 19-O-21, 5-21-2019; Ord. 20-O-6, 3-3-2020; Ord. 2023-O-4, 2-21-2023)