§ 110.16 RETAILER’S LICENSES; CLASSES AND FEES.
   Licenses to sell alcoholic liquors shall be and are hereby divided into six classes, to-wit:
   (A)   (1)   Class A licenses, which shall authorize the retail sale on the licensed premises specified, of alcoholic liquor for consumption on the licensed premises as well as package sales of such alcoholic liquor. The semiannual fee for such licenses shall be $500.
      (2)   Class A1 licenses, which shall authorize the retail sale on the licensed premises specified, of alcoholic liquor for consumption on the licensed premises without the package sales of such alcoholic liquor. The semiannual fee for such licenses shall be $400. In addition to the foregoing, a Class A licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell alcoholic liquor on Sundays as set forth in § 110.40(E).
      (3)   Class A2 license is a festival license that may be issued to holders of existing Class A or Class A1 licenses wishing to have special functions for the sale of all alcohol, for consumption on the premises only. The location for such may be any location within the city limits as approved by the City Council. The festival license shall be valid for no more than four consecutive days.
         (a)   Prior to the issuance of the Class A2 license, the proposed license holder shall provide evidence to the Local Liquor Commissioner of dram shop liability insurance issued by reputable insurance company doing business in the State of Illinois in limits no less than required by the Illinois Dram Shop Act (as amended or replaced).
         (b)   Hours of the sale of alcoholic liquor during festivals shall be limited Monday through Saturday 11:00 a.m. to 1:00 a.m. the following day. December 31st hours shall be from 6:00 a.m. on December 31st until 3:00 a.m. on January 1st.
         (c)   No Class A2 liquor license shall be issued without a background check as provided in this chapter, the recommendation of the Liquor Commissioner and approval by the City Council.
         (d)   The fee shall be $50 for each day of the festival, payable in advance.
         (e)   The application for any such Class A2 license shall be submitted to the Local Commissioner at least 21 days, but no earlier than 90 days, prior to the date of use.
         (f)   Special festival regulations. In addition to the other regulations provided in this chapter relating to the sale of alcoholic liquor, the following regulations shall apply to festivals authorized by the Liquor Commissioner and the City Council. To the extent that other provisions of this chapter are inconsistent with the special festival regulations, these special festival regulations shall apply:
            1.   No sales of alcohol in bottles and no package liquor sales shall be permitted.
            2.   Whenever feasible, the festival premises shall be delineated by appropriate barriers, fencing or other markings.
            3.   The Class A2 license holder shall provide appropriate security personnel, sufficient in number to monitor the sale, delivery and consumption of alcoholic liquor.
            4.   Class A2 festival license holders shall not be required to serve food as a meal or at a table as otherwise may be required under this chapter.
            5.   No person, entity or business establishment shall be issued more than four Class A2 festival licenses in a calendar year.
            6.   The applicant for a Class A2 festival license must submit a written request for approval of the festival to City Council, the written request to specify the nature of the festival and provide information regarding the festival, including but not limited to the following:
               a.    Delineation of the festival premises;
               b.    Whether any portion of the festival will be conducted off of the license holder's premises;
               c.    Whether streets, parking lots or other public rights-of-way will be used or closed during festival;
               d.   The manner in which the festival grounds will be fenced or roped off from the general public; and
               e.   If the proposed license includes any premises or area not beneficially owned or duly leased or licensed by the applicant for full period for which such temporary license is to be issued, the application shall include a signed statement by the owner of the proposed premises or area that the owner has freely and fully consented to the issuance of such temporary license may be issued without first advising the Local Commissioner in writing of such revocation.
      (4)   Class A3 license is an outdoor garden license that may be issued to holders of existing Class A or Class A1 licenses wishing to have an outdoor garden for the sale of all alcohol, for consumption on the premises only.
         (a)   For purposes of this section, an OUTDOOR GARDEN is an area generally open and subject to the direct influence of the outdoor environment.
         (b)   Only the current holder of a Class A or A1 liquor license under this chapter may apply for and receive a license to establish and operate an outdoor garden, which must be located immediately adjacent to a totally enclosed permanent structure which is the site of a dram shop lawfully operating under such Class A/A1 liquor license.
         (c)   All applicants for a license to operate an outdoor garden shall submit to the Liquor Control Commissioner a written application which accurately and completely describes the proposed outdoor garden, its proposed hours of operation and any other pertinent information, along with plans, specifications and drawings which demonstrate that the proposed outdoor garden will comply with the terms and conditions of this division (A)(4) and with any other applicable provisions of local, state and federal law.
         (d)   The area of an outdoor garden shall be considered to be a portion of the immediately adjacent dram shop operated by the holder of the underlying Class A/A1 liquor license for purposes of establishing any applicable parking requirements.
         (e)   An outdoor garden shall be constructed, maintained and operated in accordance with the descriptions, conditions, plans, specifications and drawings submitted with the application for the license to construct and operate the outdoor garden.
         (f)   Except for emergency entrances and exits which shall be used only in the case of a bona fide emergency, no access to the outdoor garden is allowed except through that portion of the attached totally enclosed permanent structure from which the holder of the underlying Class A/A1 liquor license operates a dram shop.
         (g)   An outdoor garden shall have a fence, wall or other similar barricade having a height of not less than four feet, which shall be constructed in such a fashion as to prevent the passage of glasses, bottles or other similar containers used for the consumption of alcoholic beverages from a location inside the outdoor garden through the fence, wall or other barricade to persons outside of the outdoor garden.
         (h)   The outdoor garden premises shall be kept free of litter, cans, bottles and spills at all times. The licensee shall promptly collect and dispose of all litter, trash and other waste materials associated with the service of alcoholic liquor. The licensee shall dispose of this waste in his or her own trash containers only.
         (i)   No alcoholic beverages may be served or consumed within an outdoor garden except between the hours of 11:00 a.m. and 1:00 a.m. Sunday through Saturday.
         (j)   An outdoor garden shall not be accessible to any portion of the building to which it is adjacent other than that portion of the building used as a location for a dram shop by the holder of the underlying Class A/A1 liquor license.
         (k)   The Liquor Control Commissioner may, as a condition to issuance of a license to operate an outdoor garden, restrict or prohibit the use of sound-amplifying devices within the outdoor garden; provided that such restrictions are noted on the license issued by the Liquor Control Commissioner authorizing the operation of the outdoor garden.
         (l)   No outdoor garden shall be occupied by any number of persons in excess of the maximum established by any other applicable law or regulation.
         (m)   An outdoor garden is a place of employment within the meaning of the Smoke Free Illinois Act. Accordingly, smoking is prohibited within the confines of an outdoor garden to the same extent as smoking is prohibited within the attached totally enclosed permanent structure from which the licensee operates a dram shop under authority of the qualifying Class A/A1 liquor license.
         (n)   A license authorizing the operation of an outdoor garden does not authorize the sale or consumption of alcoholic beverages at any location other than within the confines of the outdoor garden or within the confines of the attached totally enclosed permanent structure from the licensee operating the qualifying Class A/A1 liquor license.
         (o)   It is unlawful for any person to transfer, pass or deliver alcoholic liquor from a location within an outdoor garden through or over a fence, wall or other barricade to a person located outside of the outdoor garden.
         (p)   The annual license fee for an outdoor garden license shall be $100. An outdoor garden license shall be subject to expiration and renewal on the same terms as its companion Class A/A1 liquor license.
   (B)   Class B licenses, which shall authorize the retail sale of alcoholic liquor in the original package as package sales not for consumption on the license premises. The semiannual fee for such licenses shall be $200. In addition to the foregoing, a Class F licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell alcoholic liquor on Sundays as set forth in § 110.40(F).
   (C)   Class C licenses, which shall authorize the retail sale of alcoholic liquor in the original package as package sales not for consumption on the licensed premises of beer and wine. The semiannual fee for such licenses shall be $150. In addition to the foregoing, a Class C licensee may purchase a Sunday sales optional for the additional semiannual fee of $50 which option shall allow the licensee the right to sell beer and wine on Sundays as set forth in § 110.40(F).
   (D)   Class D licenses, which shall authorize the retail sale of alcoholic liquor on the licensed premises by organizations of war veterans or social clubs, social clubs to be eligible for this class of license must be duly organized under the General Not-for-Profit Corporation Act of the state for the recreation of its members. The semiannual fee for such licenses shall be $50.
   (E)   Class E licenses, which shall authorize the retail sale of beer and wine by a general not-for-profit corporation, for consumption only at races, fairs, sporting events and expositions within a building, tent or fenced- in area. The owner, lessee or renter entity shall allow no beer, wine or other liquor to be brought onto the premises other than beer and wine to be sold by a licensed entity. The semiannual fee for such licenses shall be $50.
   (F)   Class F licenses, which shall authorize the retail sale of alcoholic liquor by the drink and not in package, for consumption only on the licensed premises where it is sold. To be eligible for this class of license, the licensee must be the owner or proprietor of a restaurant, as defined in § 110.02. It shall be unlawful for a Class F licensee to sell or offer for sale at retail any alcoholic liquor except with meals. The licensee shall only be qualified to hold or renew a Class F license, if the sale of alcoholic liquor is not the principal business of the restaurant, constituting more that 50% of the gross receipts of the restaurant business. The semiannual fee for such licenses shall be $200. In addition to the foregoing, a Class F licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell beer and wine on Sundays as set forth in § 110.40(G).
   (G)   Class G license, which shall authorize the retail sale of alcoholic liquor by the drink and not in package form only on the licensed premises where sold. To be eligible for this class of license, the licensee must be a duly constituted educational, fraternal, civil, religious or veteran organization and a tax-exempt organization under the Internal Revenue Code. The semiannual fee for such licenses shall be $250.
   (H)   Class H license, a caterer retail license, which shall authorize the licensee to serve alcoholic liquors as an incidental part of a food service that served prepared meals which excludes the serving of snacks as the primary meal, either on- or off-site whether licensed or unlicensed. The semiannual fee for such a license shall be $200. In addition to the foregoing, a Class H licensee may purchase a Sunday sales option for an additional semiannual fee of $50, which operation shall allow the licensee the right to serve alcoholic liquors on Sunday as set forth in § 110.40.
   (I)   (1)   Class I license is a festival license that may be issued to educational, civic, service, charitable or other not-for-profit organizations or authorized companies wishing to have special functions for the sale of all alcohol, for consumption on the premises only. The location for such may be any location within the city limits as approved by the City Council. The festival license shall be valid for no more than four consecutive days.
      (2)   Prior to the issuance of the Class I license, the proposed license holder shall provide evidence to the Local Liquor Commissioner of dram shop liability insurance issued by reputable insurance company doing business in the State of Illinois in limits no less than required by the evidence to the Local Liquor Commissioner of dram shop liability insurance issued by reputable insurance company doing business in the State of Illinois in limits no less than required by the Illinois Dram Shop Act (as amended or replaced).
      (3)   Hours of the sale of alcoholic liquor during festivals shall be limited Monday through Saturday 11:00 a.m. to 1:00 a.m. the following day. December 31st hours shall be from 6:00 a.m. on December 31st until 3:00 a.m. on January 1st.
      (4)   No Class I liquor license shall be issued without a background check as provided in this chapter, the recommendation of the Liquor Commissioner and approval by the City Council.
      (5)   The fee shall be $50 for each day of the festival, payable in advance.
      (6)   The application for any such Class I license shall be submitted to the Local Commissioner at least 21 days, but no earlier than 90 days, prior to the date of use. If more than two applications are submitted on the ninetieth day prior to the proposed date of use, a lottery of all valid and complete applications shall be used to determine who shall be granted the two Class I licenses. There shall be no more than one Class I license issued at any one time, unless otherwise approved by the City Council.
      (7)   Special festival regulations. In addition to the other regulations provided in this chapter relating to the sale of alcoholic liquor, the following regulations shall apply to festivals authorized by the Liquor Commissioner and the City Council. To the extent that other provisions of this chapter are inconsistent with the special festival regulations, these special festival regulations shall apply:
         (a)   No sales of alcohol in bottles and no package liquor sales shall be permitted.
         (b)   Whenever feasible, the festival premises shall be delineated by appropriate barriers, fencing or other markings.
         (c)   The Class I license holder shall provide appropriate security personnel, sufficient in number to monitor the sale, delivery and consumption of alcoholic liquor.
         (d)   Class I festival license holders shall not be required to serve food as a meal or at a table as otherwise may be required under this chapter.
         (e)   No person, entity or business establishment shall be issued more than four Class I festival licenses in a calendar year.
         (f)   The applicant for a Class I festival license must submit a written request for approval of the festival to City Council, the written request to specify the nature of the festival and provide information regarding the festival, including but not limited to the following:
            1.   Delineation of the festival premises;
            2.   Whether any portion of the festival will be conducted off of the license holder's premises;
            3.   Whether streets, parking lots or other public rights-of-way will be used or closed during festival;
            4.   The manner in which the festival grounds will be fenced or roped off from the general public; and
            5.   If the proposed license includes any premises or area not beneficially owned or duly leased or licensed by the applicant for full period for which such temporary license is to be issued, the application shall include a signed statement by the owner of the proposed premises or area that the owner has freely and fully consented to the issuance of such temporary license may be issued without first advising the Local Commissioner in writing of such revocation.
   (J)   (1)   Class I licenses, which shall authorize the holder of a state issued liquor license to conduct winetasting by a winetasting representative and/or the retail sale of package wine on the premises and during the hours of a market event. The semiannual fee for such licenses shall be $50 and $15 for each day the licensee conducts authorized winetasting and/or packaged wine sales at a market event.
      (2)   For the purposes of this division (J), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         CLASS I LICENSE AFFIDAVIT. A signed and notarized affidavit stating that:
            1.   The applicant shall not permit a consumer to take any cup, glass, or other container containing wine for tasting beyond the immediate adjacent area where the applicant will be offering the winetasting;
            2.   No person under the age of 21 years shall be permitted to offer wine for tasting or offer package wine for sale;
            3.   No person under the age of 21 years shall be offered wine for tasting or package wine for sale;
            4.   Only a hold of a liquor license or a winetasting representative shall be permitted to serve wine for tasting;
            5.   The applicant is not disqualified from receiving a liquor license by reason of any matter or thing stated in the Farmer City Code or the laws of the State of Illinois;
            6.   The applicant has not been convicted of any felony in any state or federal jurisdiction which otherwise would disqualify the applicant from receiving a Class I license;
            7.   The applicant shall abide by the Farmer City Code and the laws of the State of Illinois in offering winetasting and/or the sale of package wine;
            8.   Affirms that all statements made in the application for the Class I license are true and correct; and
            9.    Understands that by submitting the application and the information requested herein and thereby, along with the fees required, the city in its exercise of reasonable discretion may deny the application for the Class I license and, if denied, refund any fees tendered to the city for the Class I license.
         CLASS I LICENSE APPLICATION. Shall provide the following additional information in an application for such a license:
            1.   Names of market events for which the application is requested and the specific dates and times of each market events’ operation for which the Class I license is sought.
            2.   Addresses of where the market events are scheduled to operate;
            3.   Statement whether the applicant will be conducting winetasting and/or package wine sales;
            4.   Names and contact information for each winetasting representative who will be responsible for handling the winetasting, if applicable;
            5.   A copy of the applicant’s current valid liquor license and each winetasting representative’s license, if applicable, issued by the Illinois Liquor Control Commission;
            6.   A Class I liquor license affidavit; and
            7.   Other information as the Mayor deems appropriate.
         MARKET EVENT. Means, but shall not necessarily be limited to, the Farmer City Chamber Farmers’ Market held in the city.
         PACKAGE WINE. Wine offered for sale, whether or not the license holder conducts winetasting, in original containers which bear the wine manufacturer’s label and which are corked, capped, or otherwise securely sealed at the place of manufacture.
         WINETASTING. A supervised presentation of alcoholic products to the public at an off-premise licensed retailer for the purpose of disseminating product information and education, with consumption of alcoholic products being an incidental part of the presentation without any charge or any monetary compensation. Only products registered with the Commission may be tasted using glasses, cups or other containers which are capable of holding no more than one ounce of wine each.
         WINETASTING REPRESENTATIVE. Any person who holds a valid tasting representative license which has be issued by the Illinois Liquor Control Commission and who works under the direction of, is supervised by, or is employed by a person who holds a valid liquor license issued by the Illinois Liquor Control Commission.
      (3)   The Mayor, acting as Liquor Commissioner, or the Mayor’s designee shall prepare or cause to be prepared such forms as are necessary and which are consistent with this division (J) to implement the new Class I license provisions contained in this division (J).
(Ord. 658, passed 12-18-95; Am. Ord. 774, passed 10-21-02; Am. Ord. 778, passed 5-5-03; Am. Ord. 793, passed 1-5-04; Am. Ord. 945, passed 2-2-15; Am. Ord. 952, passed 6-15-15; Am. Ord. 953, passed 8-17-15; Am. Ord. 980, passed 5-1-17; Am. Ord. 1046, passed 3-2-20; Am. Ord. 1053, passed 8-3-20)