A. Transfer And Renewal: A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter provided, and shall not constitute property; nor shall it be subject to attachment, garnishment or execution; nor shall it be alienable or transferable voluntarily or involuntarily or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustee or any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy, until the expiration of such license, but no longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license, in accordance with the provisions in this subsection. (Village code § 7-18)
B. Location:
1. General: No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school (except schools offering instruction limited to cooking or wine classes), hospital, home for aged or indigent persons, or for veterans, their spouses or children, or any military or naval station; provided, however, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquor is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where such church or school has been established within such one hundred feet (100') since the issuance of the original license.
Nothing in this subsection shall prohibit the issuance of a license to a church or a private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. (Ord. O-54-03, 12-22-2003)
2. Change Of Location: A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises prescribed in the application and license. Such location may be changed only upon the written permit to make such change issued by the local liquor control commissioner. No change of location shall be permitted unless the proposed location is a proper one for the retail sale of alcoholic liquor under the laws of this state and the ordinances of the village. (Village code § 7-19)
C. View From Street: In premises upon which the sale of alcoholic liquor is licensed (other than a restaurant, hotel or club or a premises which is licensed pursuant to the class A6 or B2 license provisions), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises, nor inside such premises, from the street, road or sidewalk at all times; and no booth screen partition, or other obstruction, nor any arrangement of lights or lighting, shall be permitted in or about the interior of such premises, which shall prevent a clear view into the interior from the street, road or sidewalk. Said premises must be so located that there shall be a full view of the entire interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during the business hours by a natural light or artificial, white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises, required by the foregoing provisions, shall be wilfully obscured by the licensee or by him wilfully suffered to be obscured, or in any manner obstructed, then such license shall be subject to revocation in the manner provided by law. In order to enforce the provisions of this section, the local liquor control commissioner shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of view as above described and required. (Ord. O-30-06, 5-8-2006; amd. Ord. O-09-08, 3-24-2008)
D. Closing Hours:
1. General:
a. Except as provided in subsection D2, D3, D4, D5 or D6 of this section, it shall be unlawful to sell, permit to sell, or give away, alcoholic liquor between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M. on each day, except on any day officially designated for observance of the following holidays: New Year's Day (January 1), the day after St. Patrick's Day (March 18), and Thanksgiving Day, on which days alcoholic liquor may not be sold between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M.
b. It shall be unlawful to remain open for business, or to admit the public to any premises in, or on, which alcoholic liquor is sold at retail, during the hours within which the sale of such liquor is prohibited, provided, however, that restaurants, clubs or hotels may remain open during such hours, so long as no alcoholic liquor may be sold or consumed by the public during such hours.
2. Class A2 Licenses: Hours for the consumption of alcoholic liquor in a restaurant with a class A2 license shall be from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) A.M. to twelve o'clock (12:00) midnight on Friday and Saturday.
3. Class A6 Licenses: Hours for the consumption of wine and the sale of packaged wine products in a premises with a class A6 license shall be from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. on any day of the week. (Ord. O-09-08, 3-24-2008)
4. Class B1 Licenses: Effective November 1, 2013, it shall be unlawful to sell, give away or deliver, alcoholic liquor between the hours of eleven o'clock (11:00) P.M. and ten o'clock (10:00) A.M. on each day. (Ord. O-26-13, 9-23-2013)
5. Class B2 Licenses: Hours for the consumption of wine and the sale of packaged wine products in a premises with a class B2 license shall be from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. on any day of the week.
6. Class C Licenses: Hours for the consumption of alcoholic liquor in a restaurant with a class C license shall be from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. Sunday through Thursday, and eleven o'clock (11:00) A.M. to twelve o'clock (12:00) midnight on Friday and Saturday. (Ord. O-09-08, 3-24-2008; amd. Ord. O-26-13, 9-23-2013)
E. Insurance And Indemnification: No license shall be granted to any applicant until such applicant shall furnish evidence satisfactory to the local liquor control commissioner that such applicant is covered by a policy of dramshop insurance issued by a responsible insurance company authorized and licensed to do business in the state of Illinois, insuring such applicant against liability which applicant may incur under the provisions of 235 Illinois Compiled Statutes 5/6-21. The village shall be named a certificate holder on such policy of insurance, which shall provide that such policy shall not be canceled or denied renewal unless the village is provided at least thirty (30) days' prior written notice thereof.
The provisions of this subsection shall be liberally construed and each applicant and license holder shall have the burden of providing the local liquor control commissioner with satisfactory evidence that said insurance is in full force and effect at any particular time during the term of any such license. Failure to do so after the issuance of any local liquor license shall render said license void ab initio.
As a condition of such license, the licensee shall be required to save and hold harmless, and indemnify the village, its officers, agents, employees and officials from any and all claims or causes of action arising out of the consumption of alcoholic liquor on the licensed premises or the sale of alcoholic liquor. (Ord. O-09-08, 3-24-2008)
F. Live Music: In any premises upon which the sale of alcoholic liquor is licensed, all exterior windows and doors to the licensed premises shall remain closed during the playing or performing of any live music. (Ord. O-20-08, 5-27-2008)
G. Removal Of Waste Material And Litter: It shall be the duty of any person conducting a licensed business in the village to maintain the exterior of the licensed premises in a safe, clean and sanitary manner at all times, including the duty to remove all waste material and all litter, including, but not limited to, cigarette and cigar butts and paper from the public sidewalk, parkway and right of way adjacent to the licensed premises. All such waste material and litter shall be placed in a refuse container for removal by the licensed premises' waste hauler. Any violation of such duty may result in the revocation of the liquor license in the manner provided by law. (Ord. O-41-08, 10-14-2008; amd. Ord. O-24-21, 8-9-2021)