The kinds of licenses that may be issued and the annual fees to be paid therefor are as follows:
(A) Retail Licenses:
1. Class A: Class A licenses shall permit the retail sale, by the drink only and not by the package, of beer, wine or alcoholic liquors. Such retail sales shall be made on the premises specified in such license for consumption on the same premises. The annual fee for such license shall be one thousand four hundred dollars ($1,400.00), if paid annually; seven hundred ten dollars ($710.00), per payment, if paid semiannually; and three hundred seventy five dollars ($375.00), per payment, if paid quarterly.
2. Class B: Class B licenses shall be granted to restaurants and shall permit the retail sale, by the drink only and not by the package, of beer, wine or alcoholic liquors on the licensed premises only, provided that the holder of the Class B license shall have in operation, during the entire term of the license at the licensed premises, a full service kitchen, as determined by the Local Liquor Control Commissioner and that the retail sale of food shall account for no less than fifty percent (50%) of all sales made upon the licensed premises. Alcoholic liquors shall be sold, served and consumed only with and in conjunction with the sale of food for consumption in the public dining room on the premises, except that alcoholic liquors may also be sold and consumed in adjacent rooms used to accommodate persons waiting to be seated in the public dining room. If the Local Liquor Control Commissioner determines that a Class B license holder does not meet the requirements for holding a Class B license, the Local Liquor Control Commissioner shall reissue the license as a Class A license, unless the Local Liquor Control Commissioner finds that the Class B license was obtained using intentional misrepresentations regarding the nature of the licensee's business, in which case, the license may be revoked. A license reissued as a Class A license pursuant to this section, shall be in addition to the number of Class A licenses authorized to be issued under section 3-3-9 of this chapter. Initial holders of a Class B license shall submit income statements and other financial documentation on a timely basis deemed sufficient to maintain eligibility for this classification. All requested income records will be in a form acceptable to the Local Liquor Commissioner and shall show income from all sources generated upon the licensed premises. Thereafter, holders of a Class B license shall annually, prior to license renewal, submit income statements in a form acceptable to the Local Liquor Control Commissioner, showing income from all sources generated upon the licensed premises. The Local Liquor Control Commissioner, or his agent, shall have access to books and records of the license holder's premises to determine compliance with this subsection. The annual fee for a Class B liquor license shall be nine hundred fifty dollars ($950.00), if paid annually; four hundred eighty five dollars ($485.00), per payment, if paid semiannually; and two hundred sixty two dollars fifty cents ($262.50), per payment, if paid quarterly.
3. Class C: Class C licenses shall permit the retail sale, by the drink only and not by the package, of beer, wine or alcoholic liquors by clubs and shall be issued only to clubs. Such retail sales shall be made on the premises specified in the license for consumption on the same premises. No Class C licensee shall sell or furnish in any way beer, wine or alcoholic liquors to any person unless such person is a member in good standing or a guest accompanied by a member in good standing and unless such guest has first signed a guest register provided by the licensee. The annual fee for a Class C license shall be seven hundred dollars ($700.00), if paid annually; three hundred sixty dollars ($360.00), per payment, if paid semiannually; and one hundred eighty five dollars ($185.00), per payment, if paid quarterly.
4. Class P: Class P licenses shall permit the retail sale, by the package only and not by the drink, of beer, wine or alcoholic liquors in the original unopened container for consumption off the premises specified in such license. The annual fee for a Class P license shall be one thousand two hundred dollars ($1,200.00), if paid annually; six hundred ten dollars ($610.00), per payment, if paid semiannually; and three hundred twenty five dollars ($325.00), per payment, if paid quarterly. (Ord. 1339, 5-5-2014)
5. Class BG: Class BG licenses shall permit the retail sale, by the drink only and not by the package, of beer, wine or alcoholic liquors on the licensed premises only, provided that the holder of a Class BG license shall have in operation, during the entire term of the license at the licensed premises, a full service kitchen or grill, as determined by the Local Liquor Control Commissioner, and that the retail sales of food items shall account for at least thirty five percent (35%) of all sales (not including video gaming revenue) made upon the licensed premises. If the Local Liquor Control Commissioner determines that a Class BG license holder does not meet the requirements for holding a Class BG license, the Local Liquor Control Commissioner shall reissue the license as a Class A license, unless the Local Liquor Control Commissioner finds that the Class BG license was obtained using intentional misrepresentations regarding the nature of the licensee's business, in which case the license may be revoked. Initial holders of a Class BG license shall submit income statements and other financial documentation on a time basis deemed sufficient to maintain eligibility for this classification. All requested income records will be in a form acceptable to the Local Liquor Commissioner and shall show income from all sources generated upon the licensed premises. Thereafter, holders of a Class BG license shall annually, prior to license renewal, submit income statements in a form acceptable to the Local Liquor Control Commissioner showing income from all sources generated upon the licensed premises. The Local Liquor Control Commissioner or his agent shall have access to books and records of the license holder's premises to determine compliance with this subsection.
The annual fee for a Class BG liquor license shall be one thousand six hundred dollars ($1,600.00), if paid annually; eight hundred ten dollars ($810.00), per payment, if paid semiannually; and four hundred twelve dollars fifty cents ($412.50), per payment, if paid quarterly. (Ord. 1345, 10-6-2014)
6. Class PW: Class PW licenses shall permit the retail sale, by the package only and not by the drink, of wine in the original unopened container for consumption off the premises specified in such license. The annual fee for a Class PW license shall be three hundred dollars ($300.00), payable annually. A Class PW license will not be issued to a licensee who possesses another license issued pursuant to the provisions of this chapter. (Ord. 1339, 5-5-2014)
7. Class BH: Class BH (banquet hall) licenses shall permit the retail sale, by drink only and not by the package, of beer, wine or alcoholic liquors on the licensed premises in conjunction with meals. The banquet hall is a building used for the service of food and beverages to groups of persons attending for planned events or occasions, such as weddings, funerals, birthday parties, graduation parties, confirmation parties, religious events, political functions and other like lawful events or occasions, and for which the building is not open for the general service of food and beverages to the public at large. Class BH licenses shall only be issued to the building owner or tenant.
All Class BH licensees shall provide the Liquor Control Commissioner a report of the date, the type of event and food, the caterer to be used, the amount in attendance and security information, if needed, and whether any part of the event will include use of an outdoor space. This report shall be provided not less than five (5) days prior to the event.
The annual fee for a Class BH license shall be five hundred dollars ($500.00) if paid annually; two hundred sixty dollars ($260.00), per payment, if paid semi-annually; and one hundred thirty five dollars ($135.00), per payment, if paid quarterly. (Ord. 1345, 10-6-2014)
8. Class HM: Class HM (hotel/motel license) licenses shall permit the retail sale of alcoholic liquor by hotels or motels for consumption on the premises where sold. Class HM license permits "mini-bars" in private rooms, catering on premises, cash bars at private rental parties, room service, and restaurants. The annual fee for a Class HM liquor license shall be nine hundred fifty dollars ($950.00), if paid annually; four hundred eighty five dollars ($485.00), per payment, if paid semi-annually; and two hundred sixty two dollars fifty cents ($262.50), per payment if paid quarterly.
9. Class SE: Class SE (special events license) licenses shall authorize the retail sale of beer and wine at a special event including but not limited to festivals, music concerts, public performances, public events, and sporting or athletic events as specified in the license. City ordinance providing that alcoholic liquor cannot be consumed on public property shall not apply to any public property specifically designated in the SE license. The following shall apply to Class SE licenses:
(a) Class SE licenses may be issued only to licensees holding other classifications of licenses in the City of Clinton.
(b) A licensee shall provide a certificate of general liability insurance with a combined limits of not less than one million dollars ($1,000,000.00), along with the required certificate of dram shop insurance. Each such certificate of insurance shall show the City of Clinton, Illinois, as an additional insured.
(c) An application for an SE license must be filed with the City Clerk at least thirty (30) days prior to the special event.
(d) When the special event is to be held outdoors, the licensee shall use only paper or plastic products to serve alcoholic liquor or food, and will provide security around the area designated in the license in such a manner as to prevent alcoholic liquor being possessed by minors or be removed from the designated area by patrons, invitees or attendees of the special event.
(e) The licensee shall be required to participate in a meeting with the City of Clinton Police Chief, or his designee, and the Local Liquor Control Commissioner, and the City Administrator to review the physical layout of the site for the event and the designated area, to address the perimeter and all other safety issues including but not limited to the following:
(1) Sale of alcoholic liquor;
(2) Identification check;
(3) Traffic control;
(4) Vehicular parking;
(5) Pedestrian control; and
(6) Site and vicinity cleanup.
If the City Police Chief determines that the special event will require attendance of City police officers, the licensee shall reimburse the City for the cost of providing police officers at the designated area.
(f) A Class SE licensee is responsible for removal of all refuse, litter, debris, garbage and the like from the designated property by nine o'clock (9:00) A.M. of the following morning. Any licensee who fails to remove refuse, litter, debris, garbage and the like shall be liable to the City for City services provided in performing such removal and cleanup.
(g) The fee for the issuance of a Class SE license shall be five hundred dollars ($500.00), at the time of the issuance of the license. (Ord. 1386, 11-16-2015)
10. Class BP: Class BP (brew pub) licenses shall permit the retail sale of alcoholic liquor by a brew pub as defined by the Illinois Liquor Control Act of 1934 1 . The annual fee for a Class BP license shall be one thousand dollars ($1,000.00) if paid annually; five hundred ten dollars ($510.00) per payment if paid semi-annually; and two hundred seventy five dollars ($275.00) per payment if paid quarterly. (Ord. 1437, 2-6-2017)
11. Class MT: Class MT (movie theater) licenses shall permit the retail sale by the drink only and not by the package, of beer, wine or alcoholic liquors for consumption only on the licensed premises of, and in conjunction with, the operation of a cinema or movie theater venue. For purposes of this license, a movie theater shall be any building or other structure, kept, used, maintained, advertised and held out to the public to be a place used to host indoor showings of motion pictures, and that sells food, concessions, snacks and soft drinks. In order to be licensed as a movie theater, the facility shall host a minimum of five hundred (500) movie showings in any calendar year and shall be open at least five (5) days a week. The annual fee for a Class MT license shall be seven hundred fifty dollars ($750.00), if paid annually; three hundred eighty five dollars ($385.00), per payment, if paid semiannually; and two hundred dollars ($200.00), per payment, if paid quarterly. Class MT licenses shall be subject to the following terms, conditions and limitations:
(a) Alcoholic liquor may only be served by persons who have completed a certified alcohol awareness training course (BASSET) and sales shall be limited to patrons who:
(1) Are attending a movie or other event being offered on the premises;
(2) Have proven they are of drinking age by appropriate State identification, and;
(3) Have displayed a tamper proof wrist band that is valid only for the date that it is issued and applied by an agent of the licensee who has verified the patron's age.
(b) Alcoholic beverages shall be sold and served only from the main concession area located in the lobby of the movie theater. No alcoholic beverages may be sold or served within a movie theater auditorium.
(c) No more than two (2) alcoholic beverage drinks may be sold to any patron during any one transaction.
(d) The containers in which alcoholic liquors are served must be of a different color, size and design than those in which non- alcoholic beverages are served.
(e) No alcoholic beverages shall be sold or served unless the movie theater is actually open for the showing of movies. Under no circumstances may alcoholic beverages be served more than one hour prior to the advertised showing time of the first movie to be shown on any day; and under no circumstances shall any alcoholic beverages be served beyond the time limitation in accordance with section 3-3-15 of this chapter, or the conclusion of the last movie, whichever first occurs. The food and concession component of the business must be in operation during the hours of sale and service of alcoholic beverages.
(f) Alcoholic beverages shall not be removed from the building or other structure on the licensed premises, and signs prohibiting the removal of alcoholic beverages shall be prominently posted at all exits to the theater.
(g) The licensee shall be responsible if any alcohol is consumed by any minor at any location within or on the movie theater premises whether the alcohol was purchased at the movie theater or not.
(h) Alcoholic beverages shall not be sold or served to patrons entering, attending or viewing a "G" rated movie. (Ord. 1455, 10-16-2017)
(B) Special Retail Licenses:
1. Class TX: (Rep. by Ord. 1339, 5-5-2014)
2. Class T-1: Class T-1 licenses shall only be issued to a licensee already holding a CTR (caterer's) license and shall permit the retail sale, by the drink only and not by the package, of beer, wine or alcoholic liquors for private events in connection with the catering and sale of prepared food for service at the location of the catered event. For purposes of this license, the location of the catered event shall be deemed the licensed premises. This license permits the caterer to offer the retail sale of alcohol commonly known as a cash bar for a catered event. There is no local fee for this license, but the licensee must acquire an Illinois State retailer's license and produce evidence of the same to the Local Liquor Commissioner.
3. Class T-2: Class T-2 licenses are temporary in nature, shall only be issued to a licensee already holding a CTR (caterer's) license, and shall permit the retail sale, by the drink only, and not by the package, of beer, wine or alcoholic liquors for a public event in connection with the catering and sale of prepared food for service, excluding the serving of snacks as the primary meal, at the location of the catered event. For purposes of this license, the location of the catered event shall be deemed the licensed premises. The public event can be a contracted event or an event sponsored by the licensed caterer. The total amount of licenses issued to any one caterer within one calendar year will be no more than twenty four (24), including on site and off site events. Class T-2 licenses must be applied for five (5) business days prior to the issuance of said license. The fee for a Class T-2 license shall be twenty five dollars ($25.00). In addition to compliance with other requirements for the licensed premises in this chapter, a Class T-2 license shall additionally comply with the requirements of the Class CTR (caterer's) license.
4. Class T-3: Class T-3 licenses are temporary in nature, shall only be issued to a licensee already holding a Class C (club) license and shall permit the retail sale, by the drink only, and not by the package, of beer, wine or alcoholic liquors for a public event held on the licensed premises at which also a prepared meal, excluding the serving of snacks as the primary meal, is offered, whether contracted with the licensed club or an outside provider. Class T-3 licenses must be applied for, five (5) business days prior to the issuance of said license. The fee for a Class T-3 license shall be twenty five dollars ($25.00).
(C) Caterer's License:
1. Class CTR: Class CTR (caterer's) licenses shall permit the holder to serve, by the drink only and not by the package, beer, wine, or alcoholic liquors as an incidental part of a contracted food service that serves prepared meals which excludes the serving of snacks as the primary meal. For purposes of the regulations of this chapter, the location of the catered event shall be deemed the licensed premises, whether on or off site and whether the location is licensed or unlicensed. In addition to compliance with other requirements for the licensed premises in this chapter, a Class CTR licensee shall meet and operate in compliance with the following requirements:
(a) All Class CTR licensees shall provide to the Liquor Control Commissioner a written list of catered events including locations and hours not less than five (5) days prior to each catered event.
(b) All licensees shall submit proof of dramshop insurance and comprehensive general liability insurance.
(c) No Class CTR licensees shall serve beer, wine, or alcoholic liquors at a single location for more than five (5) consecutive twenty four (24) hour periods.
(d) All Class CTR licensees shall provide the Local Liquor Control Commissioner a written description and diagram showing security measures to be implemented at the location of a catered event which shall be subject to review and approval of the Local Liquor Control Commissioner.
The annual license fee for a Class CTR license shall be five hundred dollars ($500.00) provided, however, that an applicant may elect to pay a license fee of fifty dollars ($50.00) per catering event. (Ord. 1274, 6-18-2012)
(D) Class CM: Class CM (craft manufacturers) licenses shall permit the retail sale of alcoholic liquor as permitted by the Illinois Liquor Control Act of 1934 2 by holders of a Class 1 brewer, Class 2 brewer, craft distiller, and limited wine manufacturer licenses. The annual fee for a Class CM license shall be five hundred dollars ($500.00) if paid annually; two hundred sixty dollars ($260.00) per payment if paid semi- annually; and one hundred fifty dollars ($150.00) per payment if paid quarterly. (Ord. 1437, 2-6-2017)
Notes
| 1 | 1. 235 ILCS 5/1-1, et seq. |
| 2 | 1. 235 ILCS 5/1-1, et seq. |