4-60-010 Definitions.
4-60-020 License required – Restricted areas.
4-60-021 Ordinance prohibiting issuance of additional liquor licenses – Requirements – Procedure.
4-60-022 Restrictions on additional licenses.
4-60-023 Restrictions on additional package goods licenses.
4-60-024 Lapse of license – Transfer of interest.
4-60-025 Restrictions on additional late hour licenses.
4-60-030 License issuance prohibited when.
4-60-040 License application and issuance procedures.
4-60-041 Reserved.
4-60-042 Conditional approval.
4-60-043 Application for caterer's liquor license – Additional information.
4-60-044 Additional operational requirements for caterers.
4-60-045 Outside caterers.
4-60-050 Notice and license issuance conditions.
4-60-060 Licenses – Fees and other policies.
4-60-070 Issuance authority – Special licenses.
4-60-071 Navy Pier liquor licenses – Special conditions.
4-60-072 Liquor licenses in a casino.
4-60-073 Lakefront Venue liquor licenses – Special conditions.
4-60-074 Riverwalk Venue liquor licenses – Special conditions.
4-60-075 Sports plaza venue liquor licenses – Special conditions.
4-60-076 Outdoor entertainment venue liquor licenses – Special conditions.
4-60-077 Airport pushcart liquor licenses – special conditions.
4-60-080 Off-premises sales prohibited – Exemptions.
4-60-081 Restrictions on caterers.
4-60-082 Delivery and carryout of cocktails permitted.
4-60-090 Sales from gas stations or drive-in windows or to motor vehicle occupants prohibited.
4-60-100 Health, sanitation and inspection requirements.
4-60-110 Premises – Change of location – New license required.
4-60-120 Music and dancing.
4-60-130 Hours of operation.
4-60-140 Prohibited activities.
4-60-141 Illegal conduct on licensed premises – Cooperation with police.
4-60-142 Reserved.
4-60-143 Additional restrictions on hiring of persons under 21 years of age.
4-60-150 Individual serving amounts.
4-60-160 Receiving money or other value for installation of amusement devices.
4-60-170 Temporary liquor licenses.
4-60-180 License revocation – One-year wait for new license.
4-60-181 Revocation order not stayed by appeal.
4-60-185 Effect of revocation.
4-60-190 Reserved.
4-60-195 Reserved.
4-60-200 Violation – Penalty.
4-60-205 Regulations.
4-60-210 Reserved.
Whenever the following words and phrases are used in this chapter, they shall have the meanings respectively ascribed to them in this section:
"Affected institution" means any church, temple, synagogue or other place of worship, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, any military or naval station, or any branch of the Chicago public library open to the public, with the exception of the main and regional libraries.
"Alcoholic liquor" means and includes alcohol, spirits, wine and beer.
"Caterer" means any person who holds or is required to obtain a caterer's liquor license pursuant to this chapter. The term "caterer" includes an outside caterer.
"Caterer's liquor license" means a city retailer's license for the sale and service of alcoholic liquor to be dispensed within the city as part of an off-site catering business. Outside caterers seeking to obtain a caterer's liquor license shall comply with Section 4-60-045.
"Caterer's liquor license, incidental activity" means a license, available only to persons holding both a valid consumption on premises – incidental activity license or tavern license under this Chapter 4-60 and a valid retail food establishment license under Chapter 4-8 of this Code, for the sale and service of alcoholic liquor to be dispensed within the city as part of an off-site catering business.
"City retailer's license for the sale of alcoholic liquor" or city liquor dealer's license" or "city retailer's license" or "liquor license" means each liquor license category or classification described in this chapter unless otherwise expressly provided.
"Club" or "not-for-profit club" means a corporation organized under the laws of the State of Illinois that: (1) is not operated for pecuniary profit; (2) is operated solely for the promotion of some common object other than the sale or consumption of alcoholic liquors; (3) has been in active and continuous existence for at least three years; (4) has a membership roll of more than 50 members with dues paid to date; (5) is kept, used and maintained by its members through the payment of annual dues; (6) owns or leases a building or a space in a building for the use of its members; (7) is equipped with a suitable and adequate kitchen and dining room for cooking, preparing meals and serving meals to its members and their guests; and (8) is operated solely for objects of national or statewide social, patriotic, recreational, benevolent or like purpose.
"Consumption on premises – incidental activity license" means a city license for the: (1) retail sale of alcoholic liquor for consumption on the premises at a fixed place of business where the sale of alcoholic liquor is incidental or secondary to the primary activity of such place of business, including but not limited to restaurants, hotels, theaters providing live stage performances, bowling alleys and not-for-profit clubs; or (2) retail sale of alcoholic liquor from an airport pushcart in accordance with Section 4-60-077; or (3) service and sale of alcoholic liquor from an outdoor/ non-fixed seating/mobile pushcart on Navy Pier in accordance with Section 4-60-071(a)(2); or (4) service and sale of alcoholic liquor in a Lakefront Venue in accordance with Section 4-60-073; or (5) service and sale of alcoholic liquor in a Riverwalk Venue in accordance with Section 4-60-074. The holder of a consumption on premises – incidental activity license within the meaning of this item (1) of this definition may sell package goods in the licensed premises if such sales are incidental or secondary to the primary activity of such business.
"Deleterious impact" means an adverse effect on the value of any property, an increased risk of violations of law, or a risk of a substantial increase in noise, litter, or vehicular congestion.
"Employee" means any agent, manager, clerk, entertainer, barkeeper, host, hostess, waiter, waitress or other such person employed by the licensed establishment, or any person hired or employed on a contractual basis by such establishment, or receiving any remuneration for services in such an establishment.
"Expanded establishment amended liquor license" means a city license issued pursuant to Section 4-60-110(c).
"Lakefront venue license" means a license issued for the sale at retail of alcoholic liquor other than exclusively within an enclosed, permanent structure having a tavern license or consumption on premises – incidental activity license.
"Late-hour license" means an additional privilege to remain open and permit the sale of alcoholic liquor for an extended period until 4:00 a.m. on Mondays through Saturdays and until 5:00 a.m. on Sundays, subject to the provisions governing a late-hour license.
"Legal voter" means a person who is determined by the department of business affairs and consumer protection to be duly registered to vote in the City of Chicago and, at the relevant time, a resident of the address in Chicago at which he or she is registered; provided that, for the purpose of providing notice under Section 4-60-050, "legal voter" means a person who has registered to vote and whose name appears on a poll list compiled by the Chicago Board of Elections Commissioners since the last preceding election regardless of whether primary general or special.
"Licensed establishment" means any place of business for which a city license for the retail sale of alcoholic liquor has been issued.
"Metropolitan Pier and Exposition Authority" means the Metropolitan Pier and Exposition Authority created by the Metropolitan Pier and Exposition Authority Act, 70 ILCS 210/1, et seq., or the Authority's designee.
"Navy Pier consumption on premises – incidental activity license" means, as applicable: (1) a license authorizing a restaurant or tavern to provide outdoor/ fixed seating service of alcoholic liquor at such tavern or restaurant in accordance with subsection (a)(1) of Section 4-60-071 on the former municipal pier extending into Lake Michigan from the foot of East Grand Avenue ("Navy Pier"); or (2) a license authorizing the service and sale of alcoholic liquor from an outdoor/non-fixed seating/mobile pushcart operating on Navy Pier, in accordance with subsection (a)(2) of Section 4-60-071, in areas that are not part of a restaurant or tavern.
"Off-site catering" means the preparation of food at one location for service at another location.
"Outside caterer" means any person who: (1) performs off-site catering by preparing food at a location outside the city for service at a location within the city; and (2) sells, serves or otherwise dispenses liquor at a location within the city.
"Outdoor Entertainment Venue" means an outdoor space on private property which (1) has an outdoor capacity of more than 3,000 people; (2) conducts amusements, as that term is defined in Section 4-156-010, but does not have live sporting events as a central part of its business model, nor is subject to the Lakefront Venue liquor license under Section 4-60-073; and (3) is where alcoholic liquor may be sold and consumed.
"Outdoor patio" means the privately owned outdoor location adjacent to a premises holding a tavern license or a consumption on premises – incidental activity license within the meaning of item (1) of the definition of a "consumption on premises – incidental activity license" in Section 4-60-010, where alcoholic liquor may be sold and consumed subject to the provisions governing outdoor patio licenses.
"Package goods license" means a city license for the retail sale of alcoholic liquor enclosed in the original bottle, jug, can, keg, cask or other receptacle or container, corked, capped or sealed and labeled by a manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor.
"Patron" means any customer, patron or visitor of a licensed establishment who is not employed by the licensee of such establishment.
"Premises" means the place of business or other completely enclosed location particularly described in a liquor license where alcoholic liquor is stored, displayed, offered for sale or where drinks containing alcoholic liquor are mixed, concocted or poured and served for consumption. Premises does not include sidewalks, streets or other portions of the public way or private parking areas.
"Restaurant" means any other public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served pursuant to the required licenses and provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests.
"Riverwalk Venue liquor license" means a license for the retail sale of alcoholic liquor for consumption at an approved location on the Chicago Riverwalk as defined in Section 4-60-074.
"Tavern license" means a city license for the retail sale of alcoholic liquor in an enclosed place of business kept, used, maintained, advertised and held out to the public as a place that primarily serves alcoholic liquor for consumption on the premises and in which providing entertainment or the serving of food is only incidental or secondary to the sale of alcoholic beverages for immediate consumption. The holder of a tavern license may sell package goods in the licensed premises if such sales are incidental to the sale of alcoholic liquor for consumption on the premises as the principal activity. Places of business within the tavern license classification include, but are not limited to, cocktail lounges, saloons and bars.
All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in the act entitled "An Act relating to alcoholic liquors", approved January 31, 1934, as amended.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-13-94, p. 53391; 6-14-95, p. 3087; Amend Coun. J. 7-21-99, p. 9076; Amend Coun. J. 3-28-01, p. 55769, § 1; Amend Coun. J. 6-4-03, p. 2443, § 4; Amend Coun. J. 11-5-03, p. 10717, § 1; Amend Coun. J. 9-29-04, p. 32144, § 1; Amend Coun. J. 1-11-07, p. 97475, § 1; Amend Coun. J. 1-9-08, p. 18918, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 1; Amend Coun. J. 4-10-19, p. 99046, § 1; Amend Coun. J. 2-23-22, p. 45032, § 1; Amend Coun. J. 5-23-22, p. 47798, § 2; Amend Coun. J. 6-22-22, p. 49285 § 1)
(a) No person shall sell at retail any alcoholic liquor without first having obtained a city retailer's license for each premises where the retailer is located to sell the same.
(b) No license shall be issued for the sale of alcoholic liquor, for consumption on the premises, in those areas designated by the Chicago Zoning Ordinance as a B3 District, if the premises sought to be licensed are within 400 feet of existing premises licensed for the sale of alcoholic liquor; said measurement shall be from property line to property line, for consumption on the premises; provided, however, that this prohibition shall not apply to hotels offering restaurant service, restaurants or clubs; nor to the renewal for issuance of a license for the sale of alcoholic liquor for consumption on the premises, where said place of business was established and licensed prior to the effective date of the ordinance codified in this chapter and has operated continuously subsequent to the effective date of the ordinance codified in this chapter.
(c) No license shall be issued to any person if the premises described in the license application are contained in a building or structure located in any B2 through B3 District that was previously licensed for the sale of alcoholic liquor, but which is vacant or unused and unlicensed for a continuous period of six months where the issuance of such license would constitute a nonconforming use in the district in which the building or structure is located.
(d) In addition to the restrictions cited in Section 6-11 of the Illinois Liquor Control Act of 1934, as amended, no license shall be issued for the sale of retail alcoholic liquor within 100 feet of any affected institution. Said measurement shall be from property line to property line. In the case of a place of worship, 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
(1) The local liquor control commissioner (for purposes of this subsection (d), "commissioner") may grant a reduction of the distance requirement in this subsection (d) if, based on a review of relevant factors, he concludes that such a reduction would not detrimentally impact the affected institution. The grant of a distance reduction shall not exempt the applicant from any application requirement associated with issuance of a liquor license.
(2) Factors which the commissioner may consider with regard to an application for a distance reduction include, by way of example and not limitation: (i) the type of activity to be conducted at the establishment and the days and times during which such activity will take place, (ii) the size of the establishment and of the affected institution, (iii) the availability of adequate parking for patrons of both the establishment and the affected institution, (iv) whether the license sought is for consumption on premises or for package goods, (v) a report from the police regarding the location, as well as the history of activity conducted at or in conjunction with the premises and any associated infractions or violations of the municipal code, (vi) the relevant geography, (vii) the legal nature and history of the applicant, and (viii) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the establishment.
(3) An applicant seeking a distance requirement reduction shall make a written submission to the commissioner as part of the liquor license application process, presenting all factors which the applicant believes to be relevant to whether a reduction is appropriate. The applicant shall provide a copy of the written submission to the affected institution. Upon receiving a submission for a distance requirement reduction, the commissioner shall notify the affected alderman and solicit a recommendation based on the alderman’s analysis of relevant factors, and may seek additional information or supplementary proof from the applicant, and may also solicit information from the community and other public officials. The commissioner shall review the information provided to him and shall incorporate his decision regarding a distance reduction into his decision regarding whether to grant or deny the license.
(4) If the commissioner grants the application for a reduction, those factors that he deemed relevant to the determination may in his judgment be included in a plan of conduct. If the liquor license is granted, any such plan of conduct shall be deemed a part of the license, and compliance with the plan of conduct shall be a necessary condition to the continued validity of the license. Failure to comply with one or more elements of the plan of conduct shall subject the licensee to suspension or revocation of the liquor license.
(e) Where two or more premises are under the same roof or at one street address, a separate city retailer's license shall be obtained for each such premises; provided, that nothing herein contained shall be so construed as to prevent any hotel operator licensed under the provisions of this chapter from serving alcoholic liquor to his registered guests in any room or part of his hotel.
(f) The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a then-existing tax period by the United States government or any of its agencies shall be and constitute prima facie evidence that such person is subject to the provisions of this chapter.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 1-12-93, pp. 27820, 27823, 27825, 27827, 27830; 2-10-93, pp. 28493, 28495; 3-8-93, pp. 29475, 29478, 29479, 29480, 29482; 3-26-93, pp. 30318, 30321, 30323; Amend Coun. J. 6-23-93, p. 34400; Amend Coun. J. 6-14-95, p. 3091; Amend Coun. J. 3-5-03, p. 104990, § 2; Amend Coun. J. 6-23-04, p. 27005, § 1; Amend Coun. J. 5-9-07, p. 105047, § 3; Amend Coun. J. 9-5-07, p. 6870 § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 3-18-15, p. 103943, § 1; Amend Coun. J. 4-10-19, p. 99046, § 1)
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