(A) License classifications. Every person engaged in the retail sale and delivery of alcoholic liquor in the village must first obtain the appropriate license authorizing the sale and delivery of alcoholic liquor at the business at which it may be sold. No license shall be issued unless the applicant has met all qualifications for the requested license. All new, transferred or renewed licenses issued after the date of passage of this chapter (August 8, 2023) shall be divided into the following classifications:
(1) (a) Class A - Retail Sale License (Consumption On/Off Licensed Premises). Class A license shall authorize the retail sale of alcoholic liquor for consumption on and off the licensed premises. A Class A license shall authorize a bar to sell alcoholic liquor in its original package. No sale of alcoholic liquor shall be permitted in a drive-up or drivethrough or other similar facility. The annual fee for such license shall be $900.
(b) Class A-1 - Retail Sale License (Consumption on Licensed Premises Only). Class A-1 license shall authorize the retail sale of alcoholic liquor for consumption on the licensed premises only, where the primary business is not that of a bar or restaurant. The annual fee for such license shall be $600.
(2) Class B - Grocery Store/Supermarket; Service Station License. Class B license shall authorize the retail sale of alcoholic liquor not for consumption on the licensed premises where sold, by retail food establishments commonly referred to as grocery stores or supermarkets, and the retail sale of beer and/or wine by a service station, as that term is defined above. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. This license classification requires that (a) the retail floor area devoted to the display of alcoholic liquor shall not exceed 10%% of the total retail floor area of the licensed premises; (b) all alcoholic liquor sales and storage shall occur in a location physically separate from the sale and storage of all other merchandise offered for retail sale at the licensed premises; and (c) the licensee maintain a separate cash register and full-time cashier located in the separated area dedicated solely to the retail sale of alcoholic liquor. Licensees holding a Class B license and operating a grocery store/supermarket shall also be permitted, in conjunction with their business operations, to conduct sampling on the licensed premises of alcoholic liquor sold by the licensee. All sampling shall be attended and supervised by a BASSET certified manager and must occur in a single designated location at the licensed premises as approved by the Local Liquor Control Commissioner. Licensees shall not provide more than three free samples, each of which shall not exceed one-quarter fluid ounce, to any patron in a single day. Sampling shall be subject to any additional regulations deemed necessary by the Local Liquor Control Commissioner. Sampling shall not be permitted at service stations. The annual fee for such license shall be $600.
(3) Class C - Package Store License. Class C license shall authorize the retail sale of alcoholic liquor, only in the original package and not for consumption on the licensed premises where sold, by establishments commonly known as package stores; provided the licensee dedicates substantially all of the retail floor space of the licensed premises to the display of alcoholic liquor. No sale of alcoholic liquor shall be permitted in a driveup or drive-through or other similar facility. Licensees holding a Class C license shall also be permitted, in conjunction with their business operations, to conduct sampling on the licensed premises of alcoholic liquor sold by the licensee. All sampling shall be attended and supervised by a BASSET certified manager and must occur in a single designated location at the licensed premises as approved by the Local Liquor Control Commissioner. Licensees shall not provide more than three free samples, each of which shall not exceed one-quarter fluid ounce, to any patron in a single day. Sampling shall be subject to any additional regulations deemed necessary by the Local Liquor Control Commissioner. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $600.
(4) Class D - Convenience Store License. Class D license shall authorize the retail sale of alcoholic liquor only in the original package, and only for consumption off the licensed premises where sold, by retail establishments commonly referred to as convenience stores, as that term is defined in § 110.01 above. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. This classification of license requires that the retail floor space devoted to the display of alcoholic liquor be confined to a liquor display area approved by the Local Liquor Commissioner or his or her designee and shall not exceed 30% of the total retail floor area of the licensed premises. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $600.
(5) Class E - Limited-Service Dining License. Class E license shall authorize the retail sale of alcoholic liquor, as identified in the license, on the licensed premises where sold, where no portion of the licensed premises contains a lounge or bar, and the primary business conducted on the licensed premises is a: (a) coffee shop; or (b) limited service dining establishment where food is prepared for consumption on or off the licensed premises and the service of alcoholic liquor is incidental to the sale of food prepared for limited sit-down dining on the licensed premises. The retail sale of alcoholic liquor for consumption off the licensed premises is prohibited. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $600.
(6) Class F -Restaurant and Bar License. Class F license shall authorize the retail sale of alcoholic liquor on the licensed premises for consumption on the licensed premises, when the primary business conducted on the licensed premises is that of a restaurant, as that term is defined in § 110.01 above. Service of alcoholic liquor shall be only during the time that food is being served and a full menu is in effect. The retail sale of alcoholic liquor for consumption off the licensed premises is prohibited. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. The license shall only be available for premises defined as a “restaurant” herein containing a minimum area of 1,200 square feet. The annual fee for such license shall be $900.
(7) Class G - Bar and Grill License. Class G license shall authorize the retail sale of alcoholic liquor on the licensed premises for consumption on the licensed premises when the primary business conducted upon the licensed premises is that of a bar and grill. For purposes of this section a bar and grill must derive at least 40% of its annual gross revenue from the sale of food. The determination of whether the 40% gross revenue standard is met shall be made at the time of license renewal for the calendar year just ended based upon records that shall include, but not be limited to, audited financial statements, corporate financial reports, tax returns, state liquor license reports or other information deemed acceptable by the local liquor control commissioner or his or her designee. The retail sale of alcoholic liquor for consumption off the licensed premises is prohibited. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. The annual fee for such license shall be $800.
(8) Class H - Beer and Wine Retail Sales (Consumption On Licensed Premises). A beer and wine retail sales license authorizes the retail sale of beer and wine only for consumption on the premises where sold by the glass, bottle, carafe or beer by the pitcher of a capacity not to exceed 60 ounces. The license shall only be available for premises containing a minimum area of 1,200 square feet. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. The retail sale of beer and wine for consumption off the licensed premises is prohibited. The annual fee for a Class H license shall be $1,500.
(9) Class I - Microbrewery License. A Class I License shall authorize the retail sale of (a) alcoholic liquor by microbreweries for consumption on the licensed premises; and (b) the retail and wholesale sale of beer brewed on the licensed premises for consumption off the licensed premises when sold in its original package, provided the licensee has a restaurant, as that term is defined in § 110.01 above, on the licensed premises. Video gaming on the licensed premises is prohibited. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. The annual fee for such license shall be $900.
(10) Class J: Craft Mead (Meaderies) Brewery License. A Class J License shall authorize the retail sale of (a) alcoholic liquor for consumption on the licensed premises; and (b) the retail and wholesale sale of mead brewed on the license's premises for consumption off the licensed premises when sold in its original package, provided the licensee has a restaurant, as that term is defined in § 110.01 above, on the licensed premises. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. Each Class J licensee must, prior to the issuance of this license, comply with and adhere to all applicable federal, state and local regulations, and any other requisite license or permit for the manufacture, packaging, storing, sale and/or distribution of craft mead. The volume of craft mead produced on the licensed premises shall not exceed 465,000 gallons per year. The portion of the licensed premises dedicated to the manufacture of craft mead shall be segregated from the remainder of the licensed premises and shall not generally be accessible to the public. The volume of mead distributed shall not exceed 232,500 gallons per year of the licensee's craft mead to other retail licensees provided the licensee has obtained the required State self-distribution exemption. The licensee shall maintain accurate records as to the total volume of craft mead manufactured on the licenses premises and the volume of craft mead sold for consumption off the licensed premises. Upon demand, the licensee shall immediately produce said records to the Local Liquor Control Commissioner. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $900.
(11) Class K - Social Club/FraternaI or Service Organization License. Class K License shall authorize the retail sale of alcoholic liquor by a bona fide social club, or fraternal or service organization, organized under the laws of the State of Illinois, and not for pecuniary profit, solely for promotion of a common objective other than the sale or consumption of alcoholic liquor, to its members, their guests and/or at functions officially sanctioned by the club or organization, for consumption on the licensed premises. No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. The retail sale of alcoholic liquor for consumption off the licensed premises is prohibited. A Class K license shall also allow live entertainment on the licensed premises. The annual fee for such license shall be $600.
(12) Class L - Craft Distiller License (Production, Storage and Retail Sale).
(a) Class L license shall authorize the (1) on-site production and storage of specified types of alcoholic liquor, as determined by the Local Liquor Control Commissioner, in quantities not to exceed 15,000 gallons per year; (2) sale of such alcoholic liquor for consumption off the licensed premises; and (3) on-site sampling of such alcoholic liquor. Each Class L licensee must, prior to the issuance of this license, comply with and adhere to all applicable federal, state and local regulations, and any other requisite license or permit for the manufacture, packaging, storing, sale and/or distribution of craft distillers. All products produced and stored on the licensed premises must be registered with the state liquor commission. It shall be unlawful for a Class L licensee to sell a container of alcoholic liquor for off-premises consumption unless the container is greater than or equal to 375 ml in volume. The production and sale of alcoholic liquor for consumption on the licensed premises is expressly prohibited, except this class of license shall allow the delivery of such alcoholic liquor, without a charge, by the licensee in limited amounts for sampling purposes only, pursuant to the following conditions:
1. Sampling is permitted only in conjunction with pre-scheduled guided tours of the licensed premises. Such tours must be for the sole purpose of promoting the sale of the alcoholic liquor produced and stored on the licensed premises.
2. All sampling shall be attended and supervised by a BASSET certified site manager and only in a designated on-site accessory tasting room.
3. Licensees shall not provide more than three free samples, each of which shall not exceed one-quarter fluid ounce, to any person in a single day.
4. Sampling shall be subject to such further regulations as deemed necessary from time-to-time by the Local Liquor Control Commissioner.
(b) No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $900.
(14) Class M - Craft Beer License (Production, Storage and Retail Sale).
(a) Class M license shall authorize the (1) production and storage of craft beer for retail sale on the licensed premises; (2) storage of craft beer produced by regional craft brewers other than the licensee, provided such storage is for the sole purpose of on-site sampling of the craft beer pursuant to the terms of this chapter; (3) in-person sales of craft beer to individuals for consumption off the licensed premises; (4) distribution of not more than 232,500 gallons per year of the licensee's craft beer to other retail licensees provided the licensee has obtained the required State self distribution exemption; and (5) on-site sampling of craft beer. Craft beer sold to individuals for consumption off the licensed premises shall only be sold in pre-packaged bottle(s), can(s), keg(s) and/or growler(s). Each Class M licensee must, prior to the issuance of this license, comply with and adhere to all applicable federal, state and local regulations, and any other requisite license or permit for the manufacture, packaging, storing, sale and/or distribution of craft beer.
(b) The volume of craft beer produced on the licensed premises shall not exceed 465,000 gallons per year. The portion of the licensed premises dedicated to the manufacture of craft beer shall be segregated from the remainder of the licensed premises and shall not generally be accessible to the public. The licensee shall maintain accurate records as to the total volume of craft beer manufactured on the licensed premises and the volume of craft beer sold for consumption off the licensed premises. Upon demand, the licensee shall immediately produce said records to the Local Liquor Control Commissioner.
(c) Not more than 75% of the total gross square footage area of the licensed premises shall be designated to the retail sale of craft beer.
(d) The production and sale of craft beer for consumption on the licensed premises is expressly prohibited, except this license classification shall allow the delivery of craft beer by the licensee in limited amounts for sampling purposes only to (1) licensee's customers; and/or (2) attendees at certified educational or instructional classes related to the production of craft beer and sponsored by the licensee on the licensed premises, pursuant to the following conditions:
1. Sampling is permitted only during the licensee's authorized retail sale hours and may only occur on that portion of the licensed premises dedicated to offering sampling, which area shall be segregated from the manufacturing area of the licensed premises.
2. Sampling by customers shall only occur from a single bar located on the licensed premises, with seating at the bar available for such sampling. No other customer seating on the licensed premises shall be permitted. The provisions of this division 2. shall not apply to sampling related to certified educational or instructional classes.
3. Craft beer may be served for sampling purposes provided the total quantity of the craft beer sampling package served to a single person is not more than 16 ounces of craft beer.
4. A price may be set for such sampling.
5. All applicable taxes including sales tax shall be collected and paid on all revenue realized from such sampling.
6. All sampling shall be attended and supervised by a BASSET-certified site manager.
7. Sampling shall be subject to all other terms and conditions regulating this license classification and to such further regulations as deemed necessary from time- to-time by the Local Liquor Control Commissioner.
(e) No sale of alcoholic liquor shall be permitted in a drive-up or drive-through or other similar facility. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $900.
(15) Class N - Caterer, Catering Establishment, Catering Service License. Class N license shall authorize the sale of alcoholic liquor on the licensed premises, for consumption off the licensed premises, by a caterer, catering establishment or catering service, as defined in § 110.01 of this chapter (collectively a “catering business”) conducting business in the village. This classification of license shall only be issued to persons who demonstrate they are operating a bona fide catering business. A licensee holding a Class N license may only serve alcoholic liquor in conjunction with the operation of a catering business serving prepared meals, and not in conjunction with the service of snacks, and only for consumption on the premises where the meals are served. This license shall only permit the service of alcoholic liquor by employees of the licensee, and only to invited guests at the catered event. This license shall be issued only for the premises owned, operated, or maintained by the catering business, or for a location at which the catering business shall serve prepared meals and alcoholic liquor. Video gaming on the licensed premises is prohibited. The annual fee for such license shall be $600.
(16) Class O - Business Site License. Class O License shall authorize the retail sale of alcoholic liquor for consumption on the licensed premises, as specified in the respective license. The retail sale of alcoholic liquor for consumption off the licensed premises, and the possession of outside alcoholic liquor on the licensed premises, is prohibited. Class O licenses shall not be issued for locations where the primary business conducted at the premises is the retail sale of food, food products or alcoholic liquor. Video gaming on the licensed premises is prohibited. A Class O license shall permit the retail sale of alcoholic liquor by the following businesses, subject to the conditions set forth below:
(a) Art studio. Authorizes the retail sale of alcoholic liquor for consumption on the licensed premises at an art studio, at which public and/or private events are held. The sale of alcoholic liquor at an art studio shall only be to persons attending an event at the licensed premises and for consumption during attendance at the event. It shall be unlawful for the holder of a Class O license operating an art studio to sell, offer for sale or serve, any alcoholic liquor before the hour of 10:00 a.m. or after the hour of 9:00 p.m. on any day, or during a time when the art studio is not open for a public or private event. The annual fee for such license shall be $300.
(b) Salon (Non-Home Based/Full Service). Authorizes the retail sale of wine and/or beer only for consumption by patrons present at a salon and receiving advertised salon services not in a private room. The sale of wine and/or beer at a salon is limited to no more than two glasses of wine and/or beer per patron in a 24 hour period. The serving size for each glass of wine shall be no more than six ounces and for each glass of beer shall be no more than 12 ounces. It shall be unlawful for the holder of a Class O license operating a salon to sell, offer for sale or serve any alcoholic liquor before the hour of 10:00 a.m. or after the hour of 9:00 p.m. on any day, or during a time when the salon is not open to the public. The annual fee for such license shall be $300.
(B) Permits. The Local Liquor Control Commissioner may grant one or more of the permits identified below, subject to the applicant meeting all requirements for issuance of the requested permit(s). A permit shall not be issued to an applicant not compliant with Village Code, and/or county and State public health/safety and fire prevention ordinances, statutes and/or codes.
(1) Event permit.
(a) The Local Liquor Control Commissioner may grant an event permit to:
1. A local organization, business or group promoting an individual public event, authorizing the temporary sale of beer, craft beer and/or wine only, for consumption on a designated premise, as identified in the event permit; or
2. Eligible licensees for up to six events per year, allowing the sale of alcoholic liquor, as permitted by the licensee's then-current local liquor license, at a site adjacent to the licensee's then-current licensed premises, for purposes of the event.
(b) An event permit shall be valid for 72 hours from commencement of the event for which it is issued, and shall only apply to the event, location, dates and hours authorized by the Local Liquor Control Commissioner. The Local Liquor Control Commissioner may, in his or her discretion, extend the term of the event permit. It shall be unlawful to hold an event without first obtaining an event permit, or to do so in violation of the terms of the event permit. The fee for such a permit shall be $100.
(2) Beer garden permit. The Local Liquor Control Commissioner may grant a beer garden permit to eligible licensees allowing the licensee to sell alcoholic liquor, as authorized by their respective primary liquor license classification, in a beer garden. The fee for such a permit shall be $100.
(3) Outdoor dining area permit. The Local Liquor Control Commissioner may grant an outdoor dining area permit to eligible licensees, allowing the sale of alcoholic liquor by licensees, as authorized by their respective primary liquor license classification, in an outdoor dining area designated by the local liquor control commissioner, and subject to the terms and conditions of the Village Code for outdoor dining. The fee for such a permit shall be $100.
(4) Restrictions for an event permit, beer garden permit and outdoor dining area permit issued pursuant to this chapter, shall include but not limited to, the following:
(a) The issuance of an event permit requires written consent of the village's Police Agency and the local fire department to confirm compliance with applicable state and local public health and fire prevention ordinances and statutes, and Village Code, including but not limited to the provisions of this chapter.
(b) Identification of all patrons must be checked, as with normal business operations, prior to entry into an event, beer garden or outdoor dining area.
(c) The sale, delivery or service of any alcoholic liquor shall be limited to the premises identified in the permit. All alcoholic liquor must stay within the identified premises at all times and any outdoor area shall be entirely enclosed with a fence demarcating the identified premises. The licensee is responsible for ensuring patrons do not leave the premises with alcoholic liquor or hand alcoholic liquor to persons outside the subject premises.
(d) No alcoholic liquor may be brought onto, removed from or consumed on the premises other than as permitted under the terms and conditions of the permit.
(e) The service area must be clear of customers within 30 minutes after stopping sales. Licensees are solely responsible for the timely clearance of all customers from the service area.
(f) The licensee shall maintain the premises in a neat, orderly and safe condition, shall provide traffic control and sanitation facilities as may be required by the local liquor control commissioner to protect the public health, safety, welfare and morals of the residents of the village, and shall restore the premises after expiration of the permit to its prior condition, including the removal of trash, rubbish and garbage in accordance with Village Code. Refuse containers at each exit of the service area for garbage and/or unconsumed liquor must be provided by the licensee.
(g) All persons selling, serving or dispensing any alcoholic liquor must be readily identifiable and have attended the course of instruction identified in § 110.01 of this chapter prior to the event for which the permit is issued.
(h) All operations at an event, beer garden or outdoor dining area shall not disturb the lawful use and quiet enjoyment of nearby properties. The Local Liquor Control Commissioner may, in his or her discretion, modify the hours permitted for the sale of alcoholic liquor pursuant to a permit, as deemed necessary to protect the peace and quiet of the surrounding area.
(i) Live music may be played at the premises identified in the event permit on the dates and times when the event is open and operating but shall not occur after 10:00 p.m. or before the hour of 11:00 a.m. of any day.
(j) The Local Liquor Control Commissioner may attach such other conditions to an event permit, outdoor beer garden permit or outdoor dining permit as he or she deems necessary to protect the peace and quiet of the surrounding area. The Local Liquor Control Commissioner or his or her designee shall have the absolute right, for cause and without the necessity of a hearing, to order the immediate cessation of such live music.
(k) Each licensee shall comply with all other applicable provisions of this chapter, including but not limited to, dram shop insurance.
(l) With respect to the sale of craft beer by individual craft brewers, the licensee shall, upon request of the Local Liquor Control Commissioner, produce to the village evidence satisfactory to the village of the licensee's relationship to each individual craft brewer represented at the subject event.
(C) The Local Liquor Control Commissioner may impose such other restrictions on any permit issued pursuant to this chapter as deemed appropriate in his or her discretion, including but not limited to requiring the presence of uniformed police officer(s) at any location for which a permit is issued. Violation(s) of this chapter may result in the suspension or revocation of a local liquor license/permit issued pursuant to this chapter.
(Ord. 2023-05, passed 8-8-2023; Am. Ord. 2023-07, passed 11-14-2023)