(A) Location:
1. Authorized Location: No liquor shall be sold, offered for sale, kept, advertised or displayed for sale or delivered to any person purchasing the same except at the location, place or premises described in the liquor license.
2. Location Of Premises: No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school, hospital or home for the aged or indigent persons. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. The word "premises" as used herein, shall mean the lot, plot or parcel of land upon which alcoholic liquors are sold.
Nothing in this section shall prohibit the issuance of a temporary liquor license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. Such temporary licenses shall be subject to the conditions set forth in section 3-3-7-10 of this chapter.
(B) Separate License For Each Premises: Licenses apply only to the premises described in the application, and in the license issued thereon, and only one location shall be so described in each license. After a license has been granted for a particular premises, the Commissioner, upon proper showing may endorse upon said license permission to abandon the premises therein described and remove therefrom to other premises approved by him; however, approval shall only be granted upon the licensee filing with the Commissioner a request in writing and a statement under oath which shall show the premises to which removal is to be made complies in all respects with the requirements of this chapter.
(C) Sale, Consumption, Possession, Occupancy: It shall be unlawful for any licensee to offer for sale or permit to be sold, or allow anyone on his premises to consume or have in his possession for consumption, any alcoholic liquor, or permit the public to remain upon the property, later than the applicable closing times stated under this chapter.
(D) Licenses:
1. Record Of Licenses: The City Clerk shall keep a complete record of all liquor licenses issued and shall furnish the Chief of Police with a copy thereof; upon revocation or suspension of any license, the City Clerk shall immediately give written notice thereof to the Chief.
2. Display Of License: Every licensee shall cause his license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
3. Duplicate License; Fee: In the event of the loss or destruction of a license issued hereunder, upon written application stating such fact and accompanied by the required fee, the Commissioner shall issue a duplicate of such license. The fee for the issuance of a duplicate license shall be fifty dollars ($50.00) if the original license was one thousand five hundred dollars ($1,500.00) or less, and one hundred dollars ($100.00) if the original license fee was more than one thousand five hundred dollars ($1,500.00).
(E) Insurance Requirements: No liquor license shall be granted to an applicant until such applicant shall furnish evidence satisfactory to the Commissioner that such applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the State insuring such applicant against liability which such applicant may incur under the provisions of section 5/6-21 of the Act, and specifically designating the City as an additional insured. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license sought.
(F) Transfer Of License: A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided in this Chapter, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution; provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale at retail of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under the provisions of this Section.
(G) Renewal: Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal is sought are suitable for such purpose; and provided further that the renewal privilege shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the City and/or eliminating certain classifications of licenses within the City. No license shall be renewed unless the applicant provides documentation that any tax owed to the City by the applicant has been satisfied by payment.
(H) Books And Records: Every licensee shall make available upon reasonable notice books and records for the purpose of investigation and control by the Commissioner. Such books and records need not be maintained on the licensed premises, but must be maintained in the State. All original invoices covering purchases of alcoholic liquors must be retained on the licensed premises for a period of ninety (90) days after such purchase.
(I) Every holder of a license shall cause a sign with the message:
GOVERNMENT WARNING; ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS
to be framed and hung in plain view. The licensee shall have thirty (30) days from receipt of the warning sign to post it on the licensed premises. Thereafter, a licensee who violates this Section is subject to a written warning for the first violation. For a second or subsequent violation, the licensee shall pay a fine of at least twenty dollars ($20.00) but no more than one hundred dollars ($100.00) for each such violation. For the third and subsequent violations, each day the activity continues shall be a separate violation. (Ord. 0-39-94, 9-19-1994)