CHAPTER 5
LIQUOR
LIQUOR
SECTION:
3-5-1: Definitions
3-5-2: License Required
3-5-3: President To Grant License
3-5-4: Application
3-5-5: Restrictions On Issuance Of License
3-5-6: Classification And Fees
3-5-7: Effect Of Transfers On The Fee For The First Year Of Issuance Of A License
3-5-8: Term Of License; Prorating Fees; Renewal Of License
3-5-9: Disposition Of Fees
3-5-10: Consumption On Premises
3-5-11: Record
3-5-12: Privileges Granted By License
3-5-13: Change Of Location
3-5-14: Sanitary Conditions
3-5-15: Restrictions On Use Of Premises
3-5-16: Restrictions
3-5-17: Closing Hours
3-5-18: Posting License
3-5-19: Revocation Of License
3-5-20: Dramshop Insurance
3-5-21: Temporary Licenses
3-5-22: Supplemental License, Outdoor Use
3-5-23: Conduct On Premises
3-5-24: Registration And Documentation Of Retail Sales Of Keg Alcoholic Beverages
Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below.
ALCOHOL: | The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol. |
ALCOHOLIC LIQUORS OR ALCOHOLIC LIQUOR: | Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent (0.5%), or less, of alcohol by volume. This chapter shall not apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that such wine shall be purchased from a licensed manufacturer or importing distributor under this Act. |
BEER: | A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. |
CLUB: | A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building, or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with suitable and adequate kitchen and dining room space and equipment, provided, that such club files with the president of the board of trustees at the time of its application for a license, under this chapter, two (2) copies of a list of names, and residence of its members; and provided, further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting; and provided further that no such club shall sell to anyone not a member of such club, unless accompanied by a member of such club. |
LIQUOR CONTROL COMMISSIONER: | The President of the Board of Trustees shall be the Local Liquor Control Commissioner. |
RESTAURANT: | Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and entertainment and dancing facilities are offered; and where meals are actually and regularly served excluding all places where merely short order meals or lunches are provided, and no actual meals are prepared for sale, and provided further that all such places be provided with adequate and sanitary kitchen and dining room equipment and capacity, and have employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests, and provided further, that any and all such places have no sleeping accommodations for public use, and when at least fifty percent (50%) of the gross receipts or anticipated gross receipts of the licensee or applicant are generated by the sale of food or nonalcoholic beverages. Upon request of the liquor control commissioner, the licensee shall produce the necessary records or financial data to verify that fifty percent (50%) of gross receipts of the licensee are attributable to the sale of food or nonalcoholic beverages. |
RETAIL SALES: | The sale for the use or consumption, and not for resale. |
RETAILER: | Any person who sells or offers for sale alcoholic liquors, malt or vinous beverages for use or consumption and not for resale in any form. |
SPIRITS: | Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise missed with alcohol or other substances. |
TAVERN: | Any public place, not a "restaurant" or "club" as herein defined, kept, used, maintained, advertised or held out to the public as a place where alcoholic liquors are sold for consumption on the premises. |
WINE: | Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including such beverage when fortified by the addition of alcohol or spirits, as above defined. (Ord. 753, 9-8-2020) |
(A) It shall be unlawful for any person to sell alcoholic liquor at retail or to make any sale of alcoholic liquor at retail within the village without first having obtained a liquor license as provided by this chapter.
1. A "sale at retail" or "to sell at retail" means sales for use or compensation, and not for resale, in any form.
2. A "sale" means any transfer, exchange or barter, in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether as principal, proprietor agent, servant, or employee, and includes, but is not limited to, all of the following acts when done for consideration:
(a) The selling of alcoholic liquor.
(b) The "giving away" of alcoholic liquor.
(c) The dispensing of alcoholic liquor.
(d) The providing of mix, ice, water or glasses for the purposes of mixing drinks containing alcoholic liquor for consumption on the same premises.
(e) The pouring of alcoholic liquor.
(f) The providing of "set ups" containing alcoholic liquor.
(g) The maintaining of a private or public club which serves alcoholic liquor on its premises to its patrons, or members.
(h) The maintaining of a restaurant which serves alcoholic liquor on its premises to its patrons.
(i) The possessing in any business or commercial establishment alcoholic liquor to be served to patrons on the premises.
(j) The charging of a cover charge to enter an establishment and the giving away of all alcoholic liquor to all persons paying such cover charge.
(B) It is the intent of this section to require a license for the sale of alcoholic liquor at retail within the village for any consideration, whether direct or indirect, regardless of the form that the sale takes. (Ord. 753, 9-8-2020)
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