§ 116.05 LICENSES.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 22-10, adopted 4-4-2022.) The text of the amendment will be incorporated below when the ordinance is codified.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 22-19, adopted 5-16-2022). The text of the amendment will be incorporated below when the ordinance is codified.
   (A)   Classifications. Licenses for retail sales of alcoholic liquors shall be of the following kinds and classifications and their annual fees shall be as provided in the village annual fee schedule:
      (1)   Class A. For the retail sale, on the premises specified of all kinds of legalized alcoholic liquors for consumption on the premises as well as other retail sales of the alcoholic liquors which include sales by original package to be consumed off the premises where sold. Beer and wine, in the original package, however, may be sold for consumption on the premises where sold.
      (2)   Class A-1. For retail sale, on the premises specified, of all kinds of legalized alcoholic liquors for consumption on the premises as well as other retail sales of the alcoholic liquors which include sales in the original package to be consumed off the premises where sold. Beer and wine, in the original package, may be sold for consumption on the premises where sold. The retail sale and consumption shall be permitted both in the interior of a building having a valid occupancy permit as well as an adjoining contiguous exterior area, so long as the following conditions are maintained by the licensee:
         (a)   Any beer garden must be on the existing premises contiguous to the building occupied by the licensee.
         (b)   Any beer garden must be completely enclosed by a fence or a wall with a height of at least four feet.
         (c)   Any beer garden must be completely enclosed by a solid opaque eight-foot fence or wall, when a property is within 100 feet of a residential district or when required by the Liquor Commissioner.
      (2-1)   Class A-2. For retail sale, on the premises specified, of beer and wine solely in the original package for consumption on the premises and not for consumption off the premises where sold. The retail sale and consumption shall be permitted both in the interior of a building having a valid occupancy permit as well as an adjoining contiguous exterior area, known as a "beer garden," subject to the following conditions:
         (a)   Any beer garden must be on the existing premises contiguous to the building occupied by the licensee.
         (b)   Any beer garden must be completely enclosed by a fence or a wall with a height of at least four feet.
         (c)   Any beer garden must be completely enclosed by a solid opaque eight-foot fence or wall, when a property is within 100 feet of a residential district or when required by the Liquor Commissioner.
         (d)   Beer and wine consumed in a beer garden shall only be consumed by prequalified persons who have been given and are wearing a wrist band after verification of age and within specifically controlled areas surrounded by a barrier limiting access to other areas of controlled areas of the establishment, as approved in writing by the Liquor Commissioner, or his or her designee, and posted at the entrance to the designated area.
         (e)   If the Liquor Commissioner determines that the beer garden is a nuisance, the Liquor Commissioner may 1. revoke permission for the beer garden to operate on the premises, and/or 2. rescind any waivers of this chapter granted to the licensee.
      (3)   Class B.
         (a)   Package store license which shall allow licensee to sell and offer to sell at retail in the premises specified in the license alcoholic liquor solely in the original package not for consumption on the premises where sold.
         (b)   This license shall not be issued to any applicant whose principal business is the retail sale to the general public of products or services other than alcoholic liquors.
      (4)   Class B-1. Package store license which shall allow licensee to sell and offer to sell, at retail in the premises specified in the license, alcoholic liquor solely in the original package not for consumption on the premises where sold subject to the condition that the license will be issued only to an applicant whose retail alcoholic liquor sales business is an adjunct to one of the following enumerated primary businesses and whose total area of the licensed premises devoted to the retail sale of all products be a minimum of 5,000 square feet:
         (a)   Supermarket or grocery store; and/or
         (b)   Drug store.
      (5)   Class B-2.
         (a)   Package store license which shall allow licensee to sell and offer to sell, at retail in the premises specified in the license, beer and wine only solely in the original package not for consumption on the premises where sold.
         (b)   This license shall be issued to retail food stores, department stores and retail food stores also selling gasoline only if the following conditions are met at all times when the license is in force:
            1.    Only "beer" and "wine," as defined in the Illinois Liquor Control Act, may be sold.
            2.   The minimum enclosed floor area open to the public for retail sales for store products shall be 1,800 square feet, of which no more than 15% may be devoted to beer and wine.
            3.    The minimum inventory level shall be $35,000 retail value, excluding beer, wine, fuel and automotive products.
            4.   The maximum percentage of beer and wine sales to total store sales, exclusive of gasoline sales, shall be 35% on a retail basis during any consecutive 12-month period.
            5.   No displays of beer and wine shall be located within five feet of the store's entrance.
            6.   Cold beer or cold wine shall only be sold from, or displayed in electrical refrigeration coolers.
            7.   Employees engaged in the sale of beer and wine must be at least 21 years of age.
         (c)   In addition, retail food stores selling gasoline shall meet the following conditions:
            1.   (Reserved).
            2.   No mechanical or repair work of any kind may be performed on automobiles on the licensed premises.
      (6)   Class B-3. Mail order liquor license which shall allow licensee to sell and offer to sell, at retail in the premises specified in the license, alcoholic liquor solely in the original package by mail order only. Sales are not permitted either for consumption on the licensed premises or for retail sale to the consumer on the licensed premises. It is the intent that this classification of license be issued only to mail order or similar businesses which ship alcoholic liquor products associated with other merchandise by U.S. postal carrier or commercial carrier.
      (7)   Class B-4.
         (a)   Package store license which shall allow licensee to sell and offer to sell, at retail in the premises specified in the license, beer, wine and spirits only solely in the original package not for consumption on the premises where sold.
         (b)   This license shall be issued to retail food stores, department stores and retail food stores also selling gasoline only if the following conditions are met at all times when the license is in force:
            1.   Only "beer" and "wine," and "spirits" as defined in the Illinois Liquor Control Act (ILCS Chapter 235, Act 5), may be sold.
            2.   The minimum enclosed floor area open to the public for retail sales for store products shall be 1,800 square feet, of which no more than 20% may be devoted to beer, wine and hard liquor.
            3.    The minimum inventory level shall be $35,000 retail value, excluding beer, wine, spirits, fuel and automotive products.
            4.   The maximum percentage of beer, wine, and hard liquor sales to total store sales, exclusive of gasoline sales, shall be 3 5% on a retail basis during any consecutive 12-month period.
            5.   No displays of beer, wine or spirits shall be located within five feet of the store's entrance.
            6.   Cold beer, cold wine or cold spirits shall only be sold from, or displayed in electrical refrigeration coolers.
            7.   Employees engaged in the sale of beer, wine or hard liquor must be at least 21 years of age.
         (c)   In addition, retail food stores selling gasoline shall meet the following conditions:
            1.   (Reserved).
            2.   No mechanical or repair work of any kind may be performed on automobiles on the licensed premises.
      (8)   Class C. For the retail sale, on the premises specified, of all kinds of legalized alcoholic liquors for consumption on the premises, but not for the sale of spirits in the original package for consumption on the premises, so long as the licensee is an incorporated not-for-profit organization, as defined in ILCS Chapter 805, Act 105, § 101.80(m) or a public purpose body duly formed pursuant to Illinois Statutes and having the power to levy taxes. The term "premises" when applied to a license granted to such an organization, may include, at the licensee’s request, a premises to which the following conditions and restrictions shall apply. However, beer and wine, in the original package, may be sold for consumption on the premises where sold.
         (a)   Use of the premises shall be limited to no more than two separate three-day periods during the annual term of the license.
         (b)   The license, when granted, shall identify the street address of the premises and must on each separate use identify the dates of the use not less than 30 days prior to the intended use.
         (c)   The premises may include a building having a valid occupancy permit, an open structure not intended for occupancy or a field or park subject to reasonable restrictions as are necessary to protect the public health, safety and welfare.
         (d)   At all other times the premises shall not be deemed to be a licensed premises within this chapter.
      (9)   Class C-1. For the retail sale on the premises specified of alcoholic beverages for consumption on the premises, but not for the sale of spirits in the original package for consumption on the premises. This license shall be applicable only to premises operating as a public golf course, including within the definition of the premises, both structures located thereon for or intended for use as restaurants, bars and clubhouses and the like, as well as the grounds of such public golf course. The license shall be further limited to public golf courses and related facilities owned or operated by a public body organized as a park district under the Park District Code, ILCS Chapter 70, Act 1205, §§ 1-1 et seq. However, beer and wine, in the original package, may be sold for consumption on the premises where sold.
      (10)   Class D. For the retail sale of alcoholic beverages for consumption on premises, but not for the sale of spirits (as defined in ILCS Chapter 235, Act 5, § 1-3.02) in its original package for consumption on the premises, within or adjacent to food service locations solely within outdoor amusement park recreational facilities, a single primary liquor license may be issued for a structure which serves as a restaurant facility and auxiliary licenses may be issued for additional beer and wine dispensing locations, also referred to herein as "points of distribution," subject to the following conditions and restrictions:
         (a)   At least one primary food service location must be maintained within outdoor amusement park and a primary license may be issued to the location with the following requirements:
            1.   Legal seating capacity under local ordinance and state law must be maintained to seat 100 patrons with seating facilities regularly and ordinarily present on the licensed premises.
            2.   Licensed location must be within structure approved for occupancy pursuant to the village building codes.
            3.   Under the primary license, one outdoor picnic area within the amusement park may be used for the sale for consumption on premises of beer and wine only.
         (b)   Alcoholic beverage service from points of distribution, other than the structure bearing the primary license, shall be limited to beer and wine. A license shall be required for each location referred to herein as a "point of distribution license," subject to the following requirements:
            1.   The points of distribution may provide walk-up counter dispensing of beer and wine only for consumption within the subject amusement park, so long as food service is available from the locations.
            2.   Each point of distribution shall be from a fixed structure complying with the Building Code of the village and shall not be from a temporary or portable structure, cart, or the like.
            3.   Each point of distribution license shall be separately approved for a fixed location and shall be prominently displayed therein. The licenses shall not be relocated without express action by the Liquor Control Commissioner.
            4.   Each point of distribution license shall be under the same ownership as the primary license and shall be issued only in conjunction with and subject to the conditions and restrictions of the primary license.
            5.   At all times when a facility holding a point of distribution license is in operation, at least one person registered pursuant to the provisions hereof shall be on the licensed premises at all times that alcoholic beverages are served.
            6.   Each point of distribution license may be open for business for not more than 120 days per calendar year.
      (11)   Class E; Restaurant with Bar. For the retail sale in premises, as defined below, of all kinds of legalized alcoholic liquors for consumption on the premises, subject to the following conditions and restrictions. This license does not permit the sale of spirits in the original package for consumption on the premises. Upon approval of the Liquor Commissioner, the premises of a Class E license may include a contiguous adjoining exterior area, subject to the additional conditions set forth below:
         (a)   The outside dining area shall be enclosed by a minimum three-foot high wall, fence, or structure designed to be decorative and to prevent unauthorized entry. The maximum height of such fence or wall shall be eight feet.
         (b)   At least five feet of public right-of-way must be provided and maintained at all times for pedestrian traffic.
         (c)   At least ten feet of public right-of-way traffic must be provided between the outdoor dining area and vehicular traffic, unless otherwise approved by the Liquor Commissioner.
         (d)   The outside dining area shall have ingress and egress for emergency purposes and for handicap accessibility.
         (e)   The outside dining area shall not have a covered roof, unless otherwise approved by the Liquor Commissioner, although umbrellas, awnings, screening, and the like may be allowed, and a limited roof structure may be permitted over any service bar.
         (f)   No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the outdoor dining area.
         (g)   No permanent fixtures are to be installed and only those fixtures authorized by the permit and shown in the diagram may be stored in the public right-of-way when the outdoor dining area is not in operation. Should the licensee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials must be removed.
         (h)   A service bar or service window for the service of alcoholic beverages may be permitted in the outside dining area. Permission for the sale of alcoholic beverages must be secured from the Liquor Commissioner prior to issuance of an Outdoor Dining/Sidewalk Cafe Permit.
         (i)   Outside meal seating will be permitted; however, no alcohol shall be served or consumed in the outside seating area no later than 12:00 a.m. Sunday through Thursday, and 1:00 a.m. Friday and Saturday.
         (j)   The outside dining area seating shall not be used in subdivision (b) above for calculating the required number of seats for this liquor license classification.
         (k)   Seating for the outdoor dining area is to be restricted to the right-of-way approved by the village.
         (l)   The outside dining area seating capacity when combined with the indoor seating capacity shall meet the requirements of the State Plumbing Code and village plumbing ordinances with regard to restroom facilities.
         (m)   Persons issued a permit for an outdoor dining area/sidewalk cafe shall maintain the sidewalk area in a clean and safe condition. The permit holder shall clean said area at the end of each business day, so as not to have any food or drink leftovers remaining. The permit holder shall wash daily the sidewalk area approved by the village for the outdoor dining area/sidewalk cafe removing any food or drink residue.
         (n)   If the outdoor dining area interferes with a public event planned on the public right-of-way, the public event shall take precedence. The village will endeavor to notify the licensee 30 days in advance of the scheduled event.
         (o)   Such other requirements as may reasonably be imposed by the Liquor Commissioner taking into account the unique circumstances of the licensee’s premises and location.
      (12)   Class E-1: Restaurant with Service Bar Only. For the retail sale of all kinds of legalized alcoholic liquors for consumption on the premises and with all conditions and restrictions as imposed under the Class E classification and including the following additional conditions:
         (a)   The service of alcoholic beverages shall only be permitted during such hours as complete meals are available from the licensed premises, including such reasonable time thereafter as may be incidental to the service of meals.
         (b)   Alcoholic beverages shall be served only at tables where complete meal service is available by employees of the licensed premises. Alcoholic beverage service shall not be permitted from a bar or similar facility.
         (c)   Premises licensed hereunder must have the legal capacity under local ordinance and state law to seat at least 50 patrons. Seating capacity must be regularly and ordinarily present on the premises and may not include temporary or folding tables or chairs not customarily used in the ordinary course of licensee’s business.
         (d)   This license does not permit the sale of spirits in its original package for consumption on the premises.
      (13)   Class E-2; Restaurant with Beer and Wine Only.
         (a)   For the retail sale in the premises specified in the license, beer, wine and spirits of 40 proof or less only, for consumption on the premises where sold, but not for the retail sale of spirits, in its original package with all conditions and restrictions as imposed under the Class E classification and the following additional conditions:
         (b)   The issuance of this license is specifically limited to public places kept, used, maintained, advertised, and held out to the public as a place where meals are served, as such term is defined in the Illinois Liquor Control Act and which offers patrons complete, freshly prepared meals at which the service of alcoholic beverages is incidental and complimentary to the service of such meals.
Notwithstanding the conditions and restrictions as imposed for restaurants, pizza parlors are an allowable use under this section provided there is compliance with the conditions and restrictions set forth herein.
      (14)   Class E-3; Restaurant with Beer and Wine Only and Packaged Sales.
         (a)   For the retail sale of beer, wine and spirits of 40 proof or less only, for consumption on the premises and for the retail sale of packaged beer, wine, and spirits of 40 proof or less only its original package for consumption off the premises. This license shall be subject to all of the conditions and restrictions imposed under the Class E license and the following additional conditions:
         (b)   The issuance of this license is specifically limited to public places kept, used, maintained, advertised, and held out to the public as a place where meals are served, as such term is defined in the Illinois Liquor Control Act and which offers patrons complete, freshly prepared meals at which the service of alcoholic beverages is incidental and complimentary to the service of such meals.
      (15)   Class F. Special events license for the retail sale of all kinds of legal alcoholic liquors for consumption on the premises as defined below. This license is not a right of any current license holder and shall be granted at the sole discretion of the Liquor Commissioner and upon a finding that the applicant has adequately met or provided for the following conditions and restrictions:
         (a)   The applicant must submit a site map depicting the premises to be licensed upon which the special event will occur including depicting all structures and rights-of-way within 100 feet of the licensed premises perimeter and proof of a legal right to occupy such premises during the duration of the special event.
         (b)   The license would be issued only to licensees holding a valid class of license permitting the consumption of alcoholic beverages on premises.
         (c)   Each licensee would be limited to hours of operation for alcoholic liquor sales of no greater than between the hours of 11:00 a.m. to 8:00 p.m. However, more expansive or limited hours may be approved by the Liquor Commissioner in their discretion.
         (d)   Applicant for a special events license would be required to give proof, satisfactory to the Liquor Commissioner, of adequate provision for the following:
            1.   Public sanitary facilities;
            2.   Refuse and waste disposal arrangements;
            3. General security and crowd control;
            4.   Liability and property damage insurance with carriers and in amounts satisfactory to the Commissioner; and
            5.   Means of securing the physical perimeter of the premises from entry by minors and adequate security arrangements to insure that minors are not served alcoholic beverages.
         (e)   In the event a portion of public right-of-way is requested for such license, permission would be required from the Village Board.
         (f)   Fees would be established for each event as set forth in the annual fee schedule.
         (g)   This license does not include the retail sale of spirits in its original package.
      (16)   Class G. Banquet license for the retail sales of alcoholic liquor on the specified premises for consumption on said premises only by patrons of the banquet hall facilities and does not allow the sale of alcoholic liquor to the general public. This license does not authorize the sale of spirits, as defined in ILCS Chapter 235, Act 5, § 1-3.02, in its original package for consumption on the premises. This license does not authorize the sale of alcoholic liquor in its original package for consumption off the premises.
      (17)   Class H; Entertainment Venue. A commercial establishment with a maximum permitted occupancy of greater than 500 people, which regularly devotes 25% or more of its total entertainment area to indoor and/or outdoor activities, including competitive contests, dance floors, live performance areas, live entertainment, disc jockey areas, or athletic events and which serves alcoholic beverages to the patrons for consumption on the premises. The entertainment venue also includes establishments used primarily for serving alcoholic beverages for patrons to consume on the premises; where the sale of prepared food, if any, is accessory to the primary use; and where entertainment opportunities such as live, or prerecorded music, dancing or other entertainment is provided. Alcoholic beverages, when dispensed out of doors, shall only be consumed by prequalified persons who have been given and are wearing a wrist band after verification of age and within specifically controlled areas surrounded by a barrier limiting access to other areas of controlled areas of the establishment, as approved in writing by the Liquor Commissioner, or his or her designee, and posted at the entrance to the designated area. It shall be unlawful for any person to conduct, maintain or operate or engage in the business of conducting, maintaining or operating an entertainment venue without a valid entertainment venue liquor license pursuant to this chapter.
      (18)   Class I; Specialty Food and Beverage Establishment. For the retail sale of wine, beer and spirits of 40 proof or less for consumption on the premises and in its original package for consumption off the premises that sells specialty food and beverage items (i.e. desserts, candies, non- alcoholic beverages, and similar specialty food and beverage items) which is not a restaurant. Alcoholic beverage tasting events shall be permitted only when there is a participant fee charged. The license hours for purposes of serving and sale of alcoholic beverages shall be daily from 9:00 a.m. until 10:00 p.m. The license fee shall be $1,000 per year or as included in the annual fee schedule, whichever is greater.
      (19)   Adjoining village sidewalk service endorsement. A license holder may expand its premises under their existing license with a sidewalk endorsement granted by the Local Liquor Control Commissioner to allow sales and service of alcoholic beverages authorized pursuant to its license on the public sidewalk immediately adjoining the premises used by the licensee subject to compliance with the following regulations:
         (a)   The sidewalk service area shall be that portion of the village sidewalk adjacent to the premises used by the licensee.
         (b)   Not having seating for more than 16 customers and customers must be seated.
         (c)   At least four feet of public sidewalk must be provided and maintained at all times for pedestrian traffic.
         (d)   The sidewalk service area shall have ingress and egress for emergency purposes and for handicap accessibility.
         (e)   The sidewalk service area shall not have a covered roof, although umbrellas, awnings, screening, and the like may be allowed.
         (f)   No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk service area.
         (g)   No permanent fixtures are to be installed and only those fixtures authorized by the endorsement and shown in the diagram may be stored in the public right-of-way when the sidewalk service area is not in operation. Should the license not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials must be removed.
         (h)   A service bar or service window for the service of alcoholic beverages may be permitted in the sidewalk service area.
         (i)   Live entertainment shall not be allowed.
         (j)   No alcohol shall be served or consumed in the outside seating area later than 10:00 p.m. Sunday through Thursday, and 11:00 p.m. Friday and Saturday.
         (k)   The sidewalk service area seating shall not be used for calculating the required number of seats for the liquor license classification.
         (l)   Seating for the sidewalk service area is to be restricted to the right-of-way approved by the village.
         (m)   The sidewalk service area seating capacity when combined with the indoor seating capacity shall meet the requirements of the State Plumbing Code and village plumbing ordinances with regard to restroom facilities.
         (n)   Persons issued an endorsement for a sidewalk service area shall maintain the sidewalk area in a clean and safe condition. The holder shall clean said area at the end of each business day, so as not to have any food or drink leftovers remaining. The holder shall wash daily the sidewalk area approved by the village for the sidewalk service area removing any food or drink residue.
         (o)   If the sidewalk service are interferes with a public event planned on the public right-of-way, the public event shall take precedence. The village will endeavor to notify the licensee 30 days in advance of the scheduled event.
         (p)   Such other requirements as may reasonably be imposed by the Liquor Commissioner taking into account the unique circumstances of the licensee’s premises and location.
         (q)   Every applicant for an endorsement for a sidewalk service area shall annually file an application with the Village Clerk upon a form provided by the Village Clerk and pay a filing fee of $100, which shall not be refundable. Said application shall be submitted to the village by the applicant no later than February 1 of each year.
         (r)   An endorsement for operation of a sidewalk service area which is granted shall permit operation between March 1 and November 1 of that calendar year only.
         (s)   Moderate noise levels shall be maintained.
         (t)   The application for an endorsement to operate a sidewalk service area must include the following:
            1.   A certificate of insurance in the amount of $1,000,000 naming the Village of East Dundee as an additional insured, which must be renewed each year the sidewalk service area is in operation.
            2.   A signed hold harmless agreement.
            3.   A diagram of the proposed layout of the sidewalk service area, including sizes of fixtures and their location. A layout is to be submitted for approval should the layout change in any way from the layout originally approved by the village. The village may reduce the requested number of tables to provide for safe pedestrian passage.
      (20)   (a)   1.   Class J - Village Caterer. For the retail sale and service of alcoholic liquor by a bona fide catering company for consumption on the premises of a catered event with a licensed place of business located in the village.
            2.   Class J-1 - Caterer with business location outside of village. For the retail sale and service of alcoholic liquor by a bona fide catering company for consumption on the premises of the catered event with a place of business not located in the village; and with an existing valid caterer’s liquor license issued by the municipality in which it is located and its related state liquor license.
         (b)   1.   The sale and consumption of alcoholic beverages shall only be on the premises where the catered event is being held.
            2.   For the purpose of the application of the regulations of this chapter, the location of the catered event shall be deemed the licensed premises and such sales shall be subject to all applicable village and other taxes.
            3.   The holder of a Class J or J-1 catering license shall have the affirmative obligation to notify the East Dundee Police Department, in writing, not less than five business days prior to the catering event of the date, time and street location of the event.
            4.   A Class J or J-1 license shall not be used at a premise for the purpose of that premise avoiding another class of liquor license.
            5.   The service of alcoholic liquor shall only take place during a day from 10:00 a.m. until 11:59 p.m., except as otherwise authorized by the Local Liquor Control Commissioner.
            6.   Video gaming as defined in the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) shall not be allowed in a Class J or J-1 licensed premises.
            7.   The license fee shall be as provided in the village’s annual fee schedule and shall not be prorated as provided in division (H)(1) below.
      (21)   Adjoining village right-of-way service endorsement. A license holder may expand its premises under their existing license with a right-of-way endorsement granted by the Local Liquor Control Commissioner to allow sales and service of alcoholic beverages authorized pursuant to its license on the public right-of-way subject to compliance with the following regulations:
         (a)   The right-of-way service area shall be that portion of the village sidewalk or right-of-way within 250 feet of the premise of the licensee and shall only be permitted during a special event sponsored by the village or an event approved by the Village Board;
         (b)   The licensee shall comply with all rules and regulations established by the village for the event;
         (c)   All temporary seating or structures in the village’s right-of-way shall be approved by the village;
         (d)   All activities in the village right-of-way shall comply with all ordinances and regulations of the village;
         (e)   The licensee shall submit a plan as part of its application for compliance with all liquor regulations in this chapter;
         (f)   Licensees issued an endorsement for a right-of-way service area shall maintain the right-of-way area in a clean and safe condition. The licensee shall clean said area at the end of each event day, so as not to have any food or drink leftovers or refuse remaining on the right-of-way.
         (g)   Such other requirements as may be imposed by the Liquor Commissioner taking into account the unique circumstances of the licensee’s premises, location and type of event;
         (h)   Every applicant for an endorsement for a right-of-way service area shall annually file an application with the Village Clerk upon a form provided by the Village Clerk and pay a filing fee of $100, which shall not be refundable. Said application shall be submitted to the village by the applicant no later than February 1 of each year;
         (i)   The application for an endorsement to operate a right-of-way service area must include the following:
            1.   A certificate of insurance in the amount of $1,000,000 naming the Village of East Dundee as an additional insured for the duration of the event;
            2.   A signed hold harmless agreement; and
            3.   A diagram of the proposed layout of the right-of-way service area, including sizes of fixtures and their location.
         (j)   An endorsement for operation of a right-of-way service area which is granted shall permit operation between March 1 and November 1 of that calendar year only.
      (22)   Class K; Caboose Concession Stand. For the retail sale of beer and wine only for consumption on the premises of the caboose concession stand owned by the village at 112 Railroad Street, East Dundee, Illinois, and operated by the holder of the Class K license under an approved license agreement with the village. The license is subject to the following conditions and restrictions:
         (a)   Package sales are prohibited.
         (b)   Sales, service and consumption of alcoholic liquor in or from glass containers and pitchers is prohibited.
         (c)   Sales, service and consumption of alcoholic liquor shall only be permitted during such hours as complete meals are available from the licensed premises, including such reasonable time thereafter as may be incidental to the service of meals.
         (d)   Sales, service and consumption of alcoholic liquor shall only be permitted within the approved outside dining area where complete meal service is available on the licensed premises.
         (e)   The outdoor dining area of the licensed premises is restricted to the portion of the right-of-way approved by the village.
         (f)   Sales, service and consumption of alcoholic liquor are prohibited earlier than 10:00 a.m. or later than 9:00 p.m. Sunday through Saturday.
         (g)   If required by the Liquor Commissioner, the outside dining area shall be enclosed by a fence or other structure or materials approved by the village and designed to be decorative and to prevent unauthorized entry, at the licensee's sole cost and expense.
         (h)   The licensee shall maintain the licensed premises and adjacent right-of-way area in a clean and safe condition, and shall clean said area at the end of each business day, so as not to have any food or drink leftovers remaining.
         (i)   Such other conditions and restrictions as may reasonably be imposed by the Liquor Commissioner from time to time taking into account the unique circumstances of the licensed premises and its location.
      (23)   Class L; Brew Pub. For the retail sale, at a specified brew pub as defined within this section, beer and cider only for consumption on the premises and the retail sale of beer and cider in its original package manufactured by the specified brew pub to be consumed off the premises where sold. The license is subject to the following conditions and restrictions:
         (a)   A portion of the licensed premises shall be dedicated as the tap room, as defined within this section, which shall be open to the public for the service, consumption, and retail sale of beer and cider as permitted within this section.
         (b)   The portion of the licensed premises dedicated to the manufacturing of beer shall be segregated from the tap room, as defined within this section, and shall not be generally accessible to the public.
         (c)   Any public tours of the portion of the licensed premises dedicated to the manufacturing of beer and cider shall be subject to public safety restrictions imposed by the Building Department.
         (d)   The brew pub is not required to have food service and is permitted to have outside prepared food consumed on the licensed premises, as may be permitted by the Kane County Health Department.
         (e)   The licensed premises shall be permitted to have an outside beer garden subject to the following restrictions:
            1.   Any beer garden must be on the existing premises contiguous to the building occupied by the licensee.
            2.   Any beer garden must be completely enclosed by a fence or a wall with a height of at least four feet or such other height as approved by the Village Board.
            3.   Any beer garden must be completely enclosed by a solid opaque eight-foot fence or wall, when the beer garden is within 100 feet of a residential district or when required by the Liquor Commissioner.
            4.   No alcohol shall be served or consumed in any beer garden later than 12:00 a.m. Sunday through Thursday, and 1:00 a.m. Friday and Saturday.
   (B)   Number of licenses to be permitted. The number of licenses issued in all preceding classes shall be as follows, except as modified from time to time by ordinance:
Classification
Number Permitted
Classification
Number Permitted
A
4
A-1
3
A-2
1
B
0
B-1
0
B-2
0
B-3
1
B-4
6
C
0
C-1
1
D
1
E
6
E-1
5
E-2
5
E-3
1
F
No limit
G
1
H
2
I
2
J
1
J-1
0
K
1
L
1
 
   (C)   Applications; where filed. Applications shall be directed to and filed with the Local Liquor Control Commissioner and shall be accompanied by a certified or cashier’s check of a local bank, postal money order or cash in the full amount of the annual license fee required to be paid for the kind of license applied for by the applicant. If any applicant is denied, the deposit required shall be returned to applicant by the Local Commissioner.
   (D)   Contents of application. All applications shall be on forms approved by the Local Liquor Commissioner and provided by the village; shall be executed by the applicant seeking license; and shall be under oath stating all material information required in ILCS Chapter 235, Act 5, § 7-1.Any license application which is not the renewal of an existing license by the same licensee shall be charged an application fee to cover the village’s costs for fingerprinting, background checks, and processing.
   (E)   Manner of payment, renewals, terms.
      (1)   All license fees shall be payable in one installment. All licenses shall expire on June 30 next after the date of issue.
      (2)   (a)   All license applications shall be stamped as to date of filing and shall be given a filing number and shall be considered by the Local Commissioner in numerical order. Applications for renewal shall be considered in the same numerical order as determined by the original application filing number. Failure to make application for renewal 30 days or more before expiration date of license shall be deemed a waiver of priority listing and subsequent application provided for the application.
         (b)   In addition, the failure to make application at least 30 days prior to the expiration date shall entitle the Local Liquor Commissioner to close the applicant one day for every date late in filing. Application for renewal shall be made in same manner as for new applications, except that the application shall state thereon the fact. Forfeited application listings shall be stricken from the application list and shall not again be used.
         (c)   There shall be no property right in any such license, but priority shall receive proper consideration whenever all requirements of this chapter have been complied with. The Village President and the Board of Trustees shall have the power at any time to decrease the number of licenses to be issued within its jurisdiction.
   (F)   Qualified persons. No license shall be granted to any person or for any premises not qualified for such license under the laws of the state.
   (G)   Restrictions.
      (1)   No Class A or Class A-l license shall be issued to any person or entity whose principal business on the licensed premises is the retail sale to the general public or products other than alcoholic liquor for consumption of the licensed premises.
      (2)   It shall not be permitted for any owner, manager, supervisor, or other employee or agent of any commercial establishment, to permit or allow any other person to bring any form of alcoholic beverage onto the premises for consumption, otherwise known as “brown bagging, bring your own, or BYOB”.
   (H)   Fees.
      (1)   Liquor licenses issued on July 1 of each year and the fees for licenses issued shall be prorated based for issue date, determined as follows:
         (a)   July 1 through September 30: fee to be prorated 100%;
         (b)   October 1 through December 31: fee to be prorated 75%;
         (c)   January 1 through March 31: fee to be prorated 50%; and
         (d)   April 1 through June 30: fee to be prorated 25%.
       (2)   Licenses, regardless of issue date, will expire June 30 of each year.
   (I)   Reduction in the number of liquor licenses or video gaming permits. If a license of any class or a video gaming permit is revoked, expires without renewal, surrendered by the licensee or is otherwise terminated pursuant to this chapter, the total number of licenses or permits available in that class shall be automatically reduced by that license or permit unless thereafter the number of licenses or permits is increased by the Village Board.
   (J)   Supplemental video gaming permits.
      (1)   It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor, except as otherwise provided in this Code.
      (2)   Only premises licensed to sell alcoholic liquor for consumption on the premises as defined by ILCS Ch. 230, Act 40, § 1 as a "licensed establishment", a "licensed fraternal establishment", or a "licensed veterans establishment", "licensed truck stop establishment" that has a liquor license to sell package goods, or a “licensed large truck stop establishment” that has a liquor license to sell package goods, are authorized to obtain a supplemental video gaming permit to operate video gaming terminals and only when licensed by the Illinois Gaming Board pursuant to the provisions of the Illinois Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) and in accordance with the regulations contained in Section 137.05 of this Code.
      (3)   There shall be no more than 19 supplemental video gaming permits issued by the Local Liquor Control Commissioner as part of the liquor license process.
   (K)   Sales and deliveries of “to-go” cocktails and mixed drinks. During a disaster proclamation regarding public health by the Governor of the State of Illinois pursuant to Section 7 of the Illinois Emergency Management Agency Act, ILCS Chapter 20, Act 3305, § 7, that covers the village, a cocktail or mixed drink placed in a sealed container by a Class A licensee, a Class E licensee or a Class I licensee at the licensee’s location may be transferred and sold for off-premises consumption if the requirements of ILCS Chapter 235, Act 5, § 6-28.8, as amended from time to time, are met, which requirements are incorporated as set forth herein. The transfer and sale of cocktails or mixed drinks in sealed containers herein shall only be permitted if, and for so long as, ILCS Chapter 235, Act 5, § 6-28.8 is in effect.
(1981 Code, § 36.05) (Am. Ord. 00-04, passed 1-18-2000; Am. Ord. 01-01, passed 3-5-2001; Am. Ord. 01-07, passed 7-2-2001; Am. Ord. 03-20, passed 10-20-2003; Am. Ord. 04-11, passed 4-19-2004; Am. Ord. 04-28, passed 8-2-2004; Am. Ord. 04-31, passed 9-7-2004; Am. Ord. 04-37, passed 11-1-2004; Am. Ord. 05-25, passed 10-17-2005; Am. Ord. 06-18, passed 6-5-2006; Am. Ord. 06-25, passed 7-17-2006; Am. Ord. 06-34, passed 8-21-2006; Am. Ord. 08-10, passed 3-17-2008; Am. Ord. 08-12, passed 4-7-2008; Am. Ord. 08-55, passed 9-22-2008; Am. Ord. 09-01, passed 1-5-2009; Am. Ord. 09-23, passed 8-17-2009; Am. Ord. 09-19, passed 8-3-2009; Am. Ord. 09-36, passed 11-16-2009; Am. Ord. 09-39, passed 12-7-2009; Am. Ord. 10-39, passed 9-9-2010; Am. Ord. 11-44, passed 10-17-2011; Am. Ord. 11-46, passed 10-17-2011; Am. Ord. 11-47, passed 10-17-2011; Am. Ord. 12-54, passed 7-16-2012; Am. Ord. 12-57, passed 7-16-2012; Am. Ord. 12-76, passed 9-17-2012; Am. Ord. 13-39, passed 10-21-2013; Am. Ord. 13-48, passed 12-2-2013; Am. Ord. 13-51, passed 12-16-2013; Am. Ord. 14-09, passed 4-7-2014; Am. Ord. 14-11, passed 6-2-2014; Am. Ord. 14-25, passed 8-18-2014; Am. Ord. 14-42, passed 12-8-2014; Am. Ord. 15-07, passed 2-16-2015; Am. Ord. 15-23, passed 5-18-2015; Am. Ord. 15-44, passed 10-19-2015; Am. Ord. 16-03, passed 2-8-2016; Am. Ord. 16-13, passed 4-25-2016; Am. Ord. 16-18, passed 6-6-2016; Am. Ord. 16-31, passed 9-6-2016; Am. Ord. 17-14, passed 3-6-2017; Am. Ord. 17-46, passed 9-11-2017; Am. Ord. 17-55, passed 12-4-2017; Am. Ord. 17-59, passed 12-18-2017; Am. Ord. 18-08, passed 5-7-2018; Am. Ord. 18-25, passed 9-10-2018; Am. Ord. 18-35, passed 10-15-2018; Am. Ord. 18-37, passed 11-19-2018; Am. Ord. 19-03, passed 1-21-2019; Am. Ord. 19-27, passed 8-5-2019; Am. Ord. 19-30, passed 9-16-2019; Am. Ord. 19-35, passed 11-4-2019; Am. Ord. 20-12, passed 5-4-2020; Am. Ord. 20-13, passed 5-4-2020; Am. Ord. 20-26, passed 6-15-2020; Am. Ord. 21-07, passed 3-1-2021; Am. Ord. 21-11, passed 4-5-2021; Am. Ord. 21-26, passed 7-19-2021; Am. Ord. 21-27, passed 8-2-2021; Am. Ord. 21-37, passed 12-6-2021; Am. Ord. 22-03, passed 1-24-2022; Am. Ord. 22-04, passed 1-24-2022; Am. Ord. 22-05, passed 1-25-2022)