The following conduct is prohibited on the licensed premises:
(A) Nudity.
(1) No person, while on the licensed premises and in public view, shall engage in the following conduct:
(a) Expose his or her genitals, pubic hair, buttocks, anus or anal cleft;
(b) Employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, buttocks, anus or anal cleft; or
(c) Appear without a fully opaque covering of his or her genitals, pubic hair, buttocks, anus or anal cleft.
(2) No female person, while on the licensed premises and in public view, shall engage in the following conduct:
(a) Expose that area of the human breast below the top of the areola, except for the purpose of breastfeeding an infant;
(b) Employ any device or covering which is intended to give the appearance of or simulate that area of the human breast below the top of the areola; or
(c) Appear without a fully opaque covering of that area of the human breast below the top of the areola, except for the purpose of breastfeeding an infant.
(B) Fighting.
(1) Fighting, by patrons, inside a licensed premises or any place outside the premises owned or leased by and used as the licensed premises, or on any public way adjacent to the licensed premises, is prohibited. For purposes of this section, “fighting” shall mean any threatening or touching of another person which provokes or tends to provoke a breach of the peace. If self-defense is offered as a defense to a charge of fighting, that defense must be established by the presentation of clear and convincing evidence.
(2) Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the “maintenance of order standard.” The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight breaks out or is in imminent danger of breaking out. If a fight does occur, the Local Liquor Control Commissioner shall have the right to conduct a hearing to consider the circumstances surrounding the fight and to determine the extent to which the licensee failed to adhere to the “maintenance of order standard.” At such hearing, the Local Liquor Control Commissioner may consider all facts, including but not limited to the following:
(a) Prior incidents of reported or unreported fighting.
(b) Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the licensed premises.
(c) Whether any participant was served by the licensee after the participant’s intoxication should have been evident to the licensee.
(d) Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person’s removal from the premises.
(e) The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent.
(f) The actions of the licensee in reacting to the fight.
(g) The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, over serving and prevention of altercations.
(h) Whether minors were involved in the fighting.
(i) The sufficiency or number of persons on duty and employed by the licensee at the time of the fight.
(3) Considering all circumstances brought into evidence at the hearing, the Local Liquor Control Commissioner shall make a determination of whether the licensee violated the “maintenance of order standard.” If it is determined that a violation occurred, the Local Liquor Control Commissioner may impose any penalty set forth in § 110.99 of this chapter up to and including license revocation.
(4) The licensee, his or her agent or employee on the licensed premises, shall notify the Village's Police Agency immediately when the licensee knows or in the exercise of ordinary judgment should know that a fight is occurring or imminent. In addition, within 48 hours of the occurrence, the licensee shall file with the Local Liquor Control Commissioner a report on a form provided by the village containing the following information:
(a) The number of the persons involved in the fight.
(b) The approximate amount of alcohol consumed at the licensed premises by each person involved in the fight.
(c) What action, if any, was taken by the licensee to prevent the fight.
(d) What action, if any, was taken by the licensee subsequent to the start of the fight.
(e) The licensee’s opinion as to why the fight occurred.
(5) Failure of the licensee to give immediate notification to Village's Police Agency of a fight on a licensed premises or to file a report as required in division (B)(4) above with the Local Liquor Control Commissioner, shall subject the licensee to a fine of not less than $100 for a first offense, and a fine of not less than $200 for subsequent offenses, and a possible suspension or revocation of the licensee's local liquor license. For purposes of this section the word “immediate” shall refer to such time as one party threatens another or actually commences fighting with another.
(C) Soliciting drinks. No person shall engage in the solicitation of drinks from patrons other than to take orders for drinks and to mix or deliver drinks as requested by patrons.
(Ord. 2023-05, passed 8-8-2023)