The city's classes of liquor licenses are as follows:
Class A (A-1) (A-2) | Tavern liquor dealer's license |
Class AB (AB-1) (AB-2) | Tavern and bulk sales dealer's license |
Class B (B-1) | Bulk sales dealer's license |
Class C | Club liquor license |
Class D | Special occasion license |
Class E | Restaurant and dining room license |
Class F | Beer only license |
Class G | Banquet hall liquor license |
Class H (H-1) (H-2) | Beer and wine only license |
Class I | Religious society license |
Class J | Special four A.M. liquor license |
Class K (K-subsidiary) | Governmental facilities license |
Class L | Wine sales license |
Class M | Gas station license |
Class N | Casino liquor license |
Class O | Casino special occasion license |
Class P | Coffee shop license |
CLASS A, A-1 AND A-2 TAVERN LIQUOR DEALER'S LICENSE: Authorizes the sale of alcoholic liquor for consumption on the premises where sold as well as the restricted sale of alcoholic liquor not for consumption on the premises where sold. It shall be unlawful to display, advertise or promote the sale of alcoholic liquor not for consumption on the premises where sold, but such sale shall be permitted only as incidental to the sale of alcoholic liquor for consumption on the premises where sold.
Class A provides for seating for two hundred fifty (250) persons or less in the establishment, class A-1 for more than two hundred fifty (250) persons but not exceeding five hundred (500) persons, and class A-2 for more than five hundred (500) persons.
CLASS AB, AB-1 AND AB-2 TAVERN AND BULK SALES DEALER'S LICENSE: Authorizes the sale of alcoholic liquor for consumption on the premises where sold as well as the sale of alcoholic liquor in containers for consumption off the premises where sold.
Class AB provides for seating for two hundred fifty (250) persons or less in the establishment, class AB-1 for more than two hundred fifty (250) persons but not exceeding five hundred (500) persons, and class AB-2 for more than five hundred (500) persons.
CLASS B AND B-1 BULK SALES DEALER'S LICENSE: Authorizes the retail sale of alcoholic liquor in original containers only, for consumption off the premises where sold. It shall be unlawful for any alcoholic liquor to be consumed in any place of business for which a class B license is issued. Such license shall be only authorized in locations where the sale of package liquor is the main or principal business.
Class B-1 license shall authorize the sale of alcoholic liquor in original containers only, and not for consumption on the premises where sold. Such B-1 license shall be also governed by the following rules:
A. Such license shall be authorized only at such locations where prepackaged food is also sold.
B. Such license shall be issued only for such locations which have a minimum of one thousand three hundred (1,300) square feet on the inside of the building with the further provisions that no more than one-third (1/3) of the total square feet of the establishment be allocated to the sale of alcoholic beverages.
C. Such license shall be issued only for those locations which provide a separate area for the purveying of said alcoholic liquor, except as follows:
1. In stores where prepackaged food is sold, greater than ten thousand (10,000) gross square feet above grade, on the inside of the building, beer and wine only may be displayed for sale outside of the separate area for purveying of alcoholic liquor. Promotional "tasting" or sampling activities may only occur in the separate area for purveying of alcoholic liquor.
2. In such stores of greater than ten thousand (10,000) gross square feet above grade the area for "cross merchandising" of beer and wine only shall not exceed ten percent (10%) of the gross above grade square feet of the entire premises.
3. In the context of this section, "cross merchandising" means the display, for sale, of beer and wine only, in portions of the store not separately set aside for the purveying of alcoholic liquor.
4. Such "cross merchandising" shall be limited to "end caps" areas at the end of an aisle, or in small freestanding displays or other display areas immediately adjacent to the areas for which food is offered for sale. In no event shall such "cross merchandising" be conducted outside of the building premises.
D. Such license shall not be issued for any areas in which the primary products for sale include petroleum products sold either inside or outside of the premises.
E. All sales of alcoholic liquor for all class B licenses shall be carried out by persons twenty one (21) years of age who shall ensure that the patrons are also at least twenty one (21) years of age.
CLASS C CLUB LIQUOR LICENSE: Authorizes the sale of alcoholic liquor for consumption on the premises where sold. It shall be unlawful to display, advertise or promote the sale of alcoholic liquor not for consumption on the premises where sold, but such sale shall be permitted only as incidental to the sale of alcoholic liquor for consumption on the premises where sold.
No license shall be issued to a club unless the club has the qualifications as set forth by state law; and it shall be unlawful for any liquor to be sold at the club to anyone other than the bona fide members and guests of the club; provided, said liquor is only sold upon the premises where the regular meetings of the club are held.
CLASS D SPECIAL OCCASION LICENSE: Authorizes any club, organization or combined group of individuals desiring to sell alcoholic liquors at special occasions to its members and guests for consumption upon the premises where its special function is held.
CLASS E RESTAURANT AND DINING ROOM LICENSE: A license for the sale of liquor may be granted upon compliance with the other provisions hereof to any restaurant or dining room engaged primarily in the sale of food for consumption on the premises; providing, that the same shall serve food at tables only and shall regularly have, on the premises, tables and chairs capable of comfortably seating not less than fifty (50) persons, and provided further, that no such license shall be granted to any establishment maintaining a bar or counter at which either food or liquor is sold or consumed over the counter; it being the intent and purpose of this section to permit the sale of liquor as an incident or accompaniment to the serving of meals at tables only in dining places of reasonable size and of good repute. All liquor sold under this license shall be for consumption upon the premises in the restaurant or dining room only, and it shall be unlawful and cause for revocation of the license to sell any alcoholic liquor over the counter, at a bar, or in packages. No license shall be issued under any circumstances to any establishment maintaining a bar or counter, as aforesaid.
CLASS F BEER ONLY LICENSE: Authorizes the sale of beer for consumption on the premises where sold.
CLASS G BANQUET HALL LIQUOR LICENSE:
A. A license for the sale or consumption of alcoholic liquor may be granted to any person owning and operating a banquet hall facility.
B. As used herein, "banquet hall facility" shall mean a business conducted on premises at which the exclusive activity is the catering of private parties whereat there is service for consumption at tables of a full multiple course meal at a prearranged fixed unit price, or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold as an incident to such food service; provided, that each of such private parties is prearranged under the sponsorship of a particular person or organization, including, but not limited to, wedding dinners, school graduation dinners, periodic dinner meetings of service organizations and similar affairs, as contrasted to restaurants, cafeterias or other food or beverage service establishments open to the public. No such banquet hall facility shall have a cocktail lounge, or other similar area devoted primarily to the service and consumption of alcoholic liquor only.
C. A class G liquor license holder may conduct up to a maximum of twelve (12) events under its own sponsorship consistent with subsection B under this classification.
D. The sale and consumption of alcoholic liquor under a class G license shall be on the banquet hall facility premises only, and it shall be unlawful to sell alcoholic liquor of any kind for carryout or consumption off such premises. It shall also be unlawful for any class G license holder to sell, offer to sell, give away or otherwise deliver any alcoholic liquor to any person other than a guest present at such banquet.
CLASS H-1 AND H-2 BEER AND WINE ONLY LICENSE: Class H-1 license shall authorize the sale of beer and wine for consumption on the premises where sold.
Class H-2 license shall be established for the sale of beer or wine, in original containers only, not for consumption on the premises. Such license shall be issued only for such locations which have a minimum of one thousand three hundred (1,300) square feet on the inside of the building, with the further provision that no more than one-third (1/3) of the total square feet of the establishment be allocated to the sale of beer and wine. Such license shall not be issued for any areas in which the primary products for sale include petroleum products sold either inside or outside of the premises.
CLASS I RELIGIOUS SOCIETY LICENSE: Any nonprofit church, synagogue, or the like desiring to sell alcoholic liquors on its premises to its members and guests for consumption upon its premises. If a religious society was organized primarily to acquire the class I religious society liquor license, no class I religious society liquor license shall be issued to it. Subsections 4-4-5B and 4-4-7A5 of this chapter are inapplicable to class I religious society liquor licenses and no interpretation of these provisions shall serve to deny a class I liquor license.
CLASS J SPECIAL FOUR A.M. LIQUOR LICENSE: Authorizes the sale of alcoholic liquor until four o'clock (4:00) A.M. for consumption on the premises where sold as well as the sale of alcoholic liquor not for consumption on the premises where sold.
The holder of a tavern liquor dealer's license by virtue of his status as a holder of a tavern liquor dealer's license shall not be automatically entitled to a special four A.M. liquor license. However, no one shall hold a special four A.M. liquor license unless he holds a tavern liquor dealer's license. If the applicant for a special four A.M. liquor license was an existing liquor license holder whose liquor establishment was annexed to the city of Des Plaines, the annual fee for the special four A.M. liquor license shall be prorated over the remainder of the year of annexation. In all other circumstances, the fee for the special four A.M. liquor license shall not be apportioned.
The fee for a special four A.M. liquor license shall be in addition to, not in substitution of, the annual fee for a tavern liquor dealer's license.
CLASS K GOVERNMENTAL FACILITIES LICENSE: This license may be granted to a municipal corporation, unit of local government, school district or special district (the "governmental body") and shall authorize the sale of alcoholic liquor for consumption in buildings owned or leased by such governmental body (the "facility"), subject to the applicable provisions of this section. A class K license shall permit the sale of alcoholic liquor for consumption on the premises of the facility identified in the liquor license and only when food service is available. A representative or employee of the governmental body must be present on the licensed premises at all times that alcoholic liquor is served in accordance with section 4-4-10 of this chapter.
A. No such facility shall have a cocktail lounge or other similar area devoted primarily to the service and consumption of alcoholic liquor only, and it shall be unlawful to sell alcoholic liquor of any kind for carryout consumption off such premises.
B. For purposes of the application required by section 4-4-7 of this chapter, the applicant shall be the governmental body. The application shall state the office address of the applicant, the names and residence addresses of all members of the governing board, and the names and residence addresses of the officers or employees who are authorized to be present on the licensed premises. Subsections 4-4-7A2, A3, A7, A8 and A9 of this chapter shall not apply to class K licenses, but shall apply to class K - subsidiary licenses.
C. The provisions of this chapter shall apply to class K licenses insofar as they may be applicable to a governmental body.
CLASS K - SUBSIDIARY LICENSE: Any caterer providing alcoholic liquor for consumption in the facility must apply to the local liquor control commissioner and obtain a class K - subsidiary license. Each class K - subsidiary license shall be independent of the class K license for purposes of enforcement. No class K - subsidiary license shall be issued unless a class K license has been issued. If a class K license is canceled, no class K - subsidiary license for that governmental body's facilities shall be renewed.
CLASS L LICENSE: Authorizes the sale of wine, beer, and alcoholic cider by the individual glass for consumption on the premises where sold as well as the incidental sale of wine, beer, and/or alcoholic cider not for consumption on the premises. A class L license shall permit the sale of wine, beer, and alcoholic cider for consumption on the premises where sold only when the service of food prepared on the premises is available and operational.
CLASS M GAS STATION LICENSE: Authorizes the retail sale of beer and wine from gas stations with the following restrictions: in original containers only, and not for consumption on the premises where sold. Such class M license shall also be governed by the following rules:
A. Such license shall be issued only for such establishments that sell prepackaged food items in an area no less than one thousand three hundred (1,300) square feet on the inside of the building with the further provisions that no more than one-third (1/3) of the total square feet of the establishment be allocated to the sale of alcoholic beverages.
B. The hours of sale for alcoholic beverages for a class M gas station license will be in accordance with special restrictions present in subsection 4-4-10D of this chapter.
C. Beer and wine shall only be sold in original packages. Sales, by class M licensees, of single cans or bottles of beer and sales of containers or bottles of wine of less than seven hundred fifty milliliters (750ml) are strictly prohibited.
CLASS N CASINO LIQUOR LICENSE: Authorizes the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale. Such class N license shall also be governed by the following rules:
A. Such license shall be issued only to persons, firms or corporations holding a casino owner’s license (also referred to in this title as an “owner’s license”) issued by the Illinois gaming board to conduct gambling operations pursuant to the Illinois Gambling Act 1 . Any liquor license issued by the local liquor license commission shall be valid only during such periods as the owner’s license is not terminated, suspended, revoked, expired or nonrenewed. A casino owner licensee may hold more than one class N liquor license.
B. A class N license may be issued for one or more premises in a building having limited and secure access points through which individuals may be admitted and through which individuals may obtain egress under the supervision or control of the licensee or its designees and in which building gambling activity is subject to regulation by the Illinois gaming board pursuant to the Illinois Gambling Act 2
.
C. Consumption of alcoholic liquor shall be limited to:
1. Those areas designated as the licensed premises by the city's local liquor control commissioner; and
2. Any contiguous premises to a premises holding a class N license; and
3. Any contiguous premises to a premises licensed solely by the Illinois liquor control commission for the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale.
D. Nothing in this chapter shall be construed as prohibiting a purchaser of alcoholic liquors from carrying that purchase to or from any contiguous premises holding a class N license and to or from any contiguous premises licensed by the Illinois liquor commission for the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where sold and not for resale. This provision shall not be construed to authorize a purchaser of alcoholic liquors from a holder of a class N license to carry, consume or possess that alcoholic liquor at any location on the premises or elsewhere other than one covered by a class N license or by a license issued solely by the Illinois liquor control commission.
CLASS O CASINO SPECIAL OCCASION LICENSE: Authorizes the retail sale of alcoholic liquor for sale by the drink for consumption on the premises where the special function is held where sold and not for resale on special occasions. Such O license shall also be governed by the following rules:
A. Such license shall be issued only to persons, firms or corporations holding an owner's license issued by the Illinois gaming board to conduct gambling operations pursuant to the Illinois Gambling Act 3
, which license is not terminated, suspended, revoked, expired or nonrenewed.
B. A class O license may be issued for a premises which is: 1) owned or controlled by the holder of an owner's license issued by the Illinois gaming board and which is 2) within an area of land in Des Plaines bounded on the east by Des Plaines River Road, on the south by the north line of Devon Avenue, on the west by the east line of the Northern Illinois Toll Highway Tri-State Tollway maintained by the Illinois toll highway authority and on the north by a line running in an approximate east-west direction parallel to and one thousand three hundred fifteen feet (1,315') north of the north line of Devon Avenue.
C. A premises for which a class O license is issued may be a portion of a parking garage, or parking lot but during those periods for which the license is issued, the premises must be within an area controlled by limited and secure access points through which individuals may be admitted and through which individuals may obtain egress under the supervision or control of the licensee or its designees.
D. Alcoholic liquor may only be consumed on the premises where the special function is held and may not be carried or otherwise transported by a purchaser outside the premises except to a contiguous premises, if any, for which a class O license has been issued and is then in effect.
E. The licensee is not authorized to sell alcoholic liquor during any hours when it does not also offer food for consumption on the premises.
F. No more than eight (8) such class O licenses shall be granted, and they shall not exceed a total of ten (10) days, for any one such premises or to any one such licensee in any calendar year.
G. The local liquor control commissioner may prescribe the kinds of alcoholic liquors that may be sold, the hours during which same may be sold and such other reasonable conditions as he may deem appropriate under the circumstances. The fee to be paid for a special occasion license shall be set forth in section 4-4-5 of this chapter.
CLASS P COFFEE SHOP LICENSE: Authorizes the retail sale of solely wine and beer at a coffee shop, solely for consumption on the premises where sold, subject to, and in accordance with, the following conditions and restrictions:
A. The sale of wine or beer is prohibited at any time before two o'clock (2:00) P.M. and after ten o'clock (10:00) P.M. on Mondays through Fridays, and before twelve o'clock (12:00) noon and after ten o'clock (10:00) P.M. on Saturdays and Sundays.
B. Wine and beer may be sold by single serving or by the bottle, but beer must be consumed from a single serving, transparent container that does not exceed twelve (12) ounces in volume, and wine must be consumed from a single serving, transparent container that does not exceed five (5) ounces in volume.
C. Wine and beer must be ordered by patrons at, and sold and served over, the counter of the coffee shop at the point of sale.
D. The sale of more than one single serving or bottle of wine or beer to each patron during a single point of sale transaction is prohibited. Each and every patron who desires to consume wine or beer (including, without limitation, a portion of wine or beer sold by the bottle), must: 1) be physically present at the counter during the point of sale transaction during which the wine or beer is purchased; and 2) present a form of valid photographic identification issued by a state government or the United States government. For the purpose of the class P coffee shop license, "point of sale" transaction means each instance when a patron or group of patrons purchases food and beverages at the counter of a coffee shop, whether or not the purchases are processed or documented as a single transaction by the coffee shop.
E. All employees of a coffee shop that has obtained a class P coffee shop license who are on duty during the hours when wine or beer may be served must have completed state BASSET training.
F. All employees of a coffee shop that has obtained a class P coffee shop license who sell or serve wine or beer must be twenty one (21) years of age or older.
G. The sale of wine or beer through a drive-through window is prohibited. (Ord. M-19-13, 10-7-2013; amd. Ord. M-16-15, 9-8-2015; Ord. M-10-16, 4-4-2016; Ord. M-8-20, 5-4-2020; Ord. M-8-21, 6-10-2021)
Notes
| 1 | 1. 230 ILCS 10/1 et seq. |
| 2 | 2. 230 ILCS 10/1 et seq. |
| 3 | 1. 230 ILCS 10/1 et seq. |