A. Location Near Churches, Schools, Etc.:
1. No license shall be issued for the sale of any alcoholic liquors on any premises within one hundred feet (100') of any church, public or private school, daycare center, hospital, home for aged or indigent persons, or for veterans, their spouses or children, or any military or naval station provided that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on, nor to the renewal of a license or application by new owners at a location previously licensed for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where such church or school has been established within such one hundred feet (100') since the issuance of the original license. 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.
2. Anything in this section to the contrary notwithstanding, the liquor control commissioner may issue special occasion licenses for the sale of alcoholic liquors upon any premises used for church purposes and upon premises used for private schools when such schools are owned and operated in conjunction with a church. However, not more than eight (8) such licenses shall be granted, and not to exceed a total of ten (10) days, for any one such premises or to any one such licensee in any calendar year. The liquor control commissioner may prescribe the kinds of alcoholic liquors which 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 such a special occasion license shall be set forth in section 4-18-1 of this title.
B. Unobstructed View Required: In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than as a restaurant, hotel, club or any bowling alley, except where the restaurant, hotel, club or bowling alley has windows through which the part of the premises maintained for the sale of alcoholic liquors can be viewed from the street, the provisions of this subsection will be in full force and effect), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises, or inside the premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times; and no booth, screen, partition or other obstruction, nor any arrangement of lights or lighting shall be permitted in or about the interior of such licensed premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk, and said premises must be so located that there shall be a full view of the entire interior thereof from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee, or be permitted to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. The provisions of this subsection shall not apply to class N licensees.
C. Sidewalk Tables: No current holder of a Des Plaines liquor license may serve alcoholic beverages to patrons seated at tables and chairs on public sidewalks without first obtaining a permit from the liquor control commissioner. In addition, a permit must also be obtained from the director of community development in compliance with subsection 8-1-8D of this code.
The liquor control commissioner shall issue rules and regulations governing the serving of alcoholic liquor on public sidewalks.
D. Screening From Abutting Properties:
1. Any licensed establishment located on a site, lot of record or zoning lot contiguous to property zoned or used for residential purposes must be screened from such contiguous residential property by a solid wood, brick or concrete view screening opaque fence or other material such as a brick wall, six feet (6') in height. The fence must be constructed so as not to permit the flow of vehicular or pedestrian traffic between the residential area and the licensed establishment.
2. Any solid wood, brick or concrete fence or wall, which was in existence on or before October 18, 1993, and which is at least six feet (6') in height, may remain in accordance with this subsection until such time as said fence or wall is removed, destroyed, replaced, or substantially repaired, at which time a conforming six foot (6') fence or wall must be installed or constructed.
3. The provisions of this subsection D shall not apply to class D, I or K licensees. The terms "lot of record" and "zoning lot" shall be defined as set forth in the zoning code. (Ord. M-19-13, 10-7-2013)