A. Consumption On Premises: It shall be unlawful for anyone not having a valid liquor license to sell or offer to sell alcoholic liquor for consumption on the premises where sold or to permit the same to be consumed on the premises where sold. (Ord. 94-O-1, 2-1-1994, eff. 12-31-1994)
B. Posting License: Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. (Ord. 59-O-10, 3-25-1959)
C. Change Of Location; Expansion Of Premises: A liquor license shall permit the sale of alcoholic beverages and sales as defined only on the premises described in the application and license. Such location may be changed or expanded in terms of the total floor area of building only upon written permit to make such change issued by the Liquor Commissioner. No change in location may be made unless the proposed new location or expanded premises meets all applicable City and State requirements for the proposed occupancy of such premises. (Ord. 15-O-4, 1-20-2015)
D. Curb Service Prohibited: No curb service for the sale of alcoholic liquor shall be carried on in connection with premises for which a license has been granted for the sale of alcoholic liquor for consumption upon the premises, either upon the public street or private property contiguous to such premises so licensed. (Ord. 59-O-10, 3-25-1959)
E. Employee Health Standards: It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with or who is a carrier of any contagious, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any such premises or to engage in any way in the handling, preparation or distribution of such liquor; provided, the Commissioner of Public Safety may require such employee to submit to a physical examination, at the expense of the City, by a duly licensed physician named by such Commissioner, if such Commissioner suspects such employee of being afflicted as herein set forth. (Ord. 59-O-10, 3-25-1959; amd. 1991 Code)
F. Gambling Prohibited: It shall be unlawful for any licensee to permit or allow anyone to play for money or other valuable thing any game with cards, dice or checks, or with any other article, instrument or thing whatsoever, which may be used for the purpose of playing or betting upon or winning or losing money, or any other thing or article of value or to bet on any game others may be playing, upon any premises licensed under this chapter; provided, however, that specific gambling and games of chance including video gambling shall be authorized in a licensed premises provided that said gambling has previously been authorized by the State of Illinois and authorized by the City of Charleston in a licensed premises.
1. Authorized Gambling Area: The gambling machines authorized by the State of Illinois and authorized by the City of Charleston in licensed premises shall be restricted to a gaming area that occupies a maximum of ten percent (10%) or less of the licensed premises and is ancillary to the main occupancy of the building or suite which the business occupies. The gaming area shall not occupy more than ten percent (10%) of the business area of the story of the building in which it is located in the licensed premises. (Ord. 19-O-9, 3-19-2019; amd. Ord. 2022-O-9, 4-5-2022)
G. Sales To Certain Persons Prohibited:
1. No licensee or 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 twenty one (21) years, or to any intoxicated person or to any person known by him to be a 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 another person under the age of twenty one (21) years, except in the performance of a religious ceremony or service.
2. Any person under the age of twenty one (21) years, who violates this subsection shall be fined in an amount not less than two hundred dollars ($200.00).
3. It shall be an affirmative defense for any licensee, officer, associate, member, representative, agent or employee of such licensee and shall further negate the violation if it is found that any licensee, officer, associate, member, representative, agent or employee of such licensee reasonably relied upon a fraudulent altered, defaced identification card or identification card of another individual to obtain the purchase of alcohol. It shall not, however, be an affirmative defense if the agent or employee unreasonably accepted the fraudulent, altered, or defaced identification card, or identification card of another individual, or knew the identification card to be false or fraudulent.
4. Each licensee shall prominently display within the licensed premises a warning to the general public that the sale, gift, or delivery of alcoholic liquor to a person under the age of twenty one (21) years is prohibited, and that any individual under the age of twenty one (21) years who shall be found to be in possession of alcoholic liquor shall be fined an amount not less than two hundred dollars ($200.00). (Ord. 16-O-30, 8-2-2016)
H. Training Required: It shall be unlawful to sell or to offer for sale alcoholic liquor unless all employees with responsibility for checking identification, selling alcohol, dispensing alcohol, or serving alcohol have passed an Alcohol Training Program approved by the State (e.g., BASSET) or by the Local Liquor Commissioner. For purposes of this section, the training of an employee must be successfully completed within sixty (60) days of that specific employee beginning employment and the license holder shall maintain copies of all certificates for all employees sufficient to prove the successful completion of such training program for each employee. All original and renewal applications for all classes of liquor licenses shall be accompanied with proof of completion of the training for intervention procedures by all employees with any responsibility for checking identification, selling alcohol, dispensing alcohol, or serving alcohol. (Ord. 15-O-4, 1-20-2015)
I. Violations: Licensees shall not violate, allow or permit a violation of any of the provisions of this chapter, the rules or regulations established by the Local Liquor Commissioner, the rules or regulations of the State Commission, the law of the State of Illinois, or Federal law that pertains to the sale of alcoholic liquor or to the public health, safety and welfare generally. Any violation of any such statute, law, regulation or rule by a licensee may be the subject of a disciplinary citation and hearing before the Local Liquor Commissioner. (Ord. 17-O-4, 3-7-2017)