The classes of licenses and fees shall be as follows:
A. Retail Class A:
1. Classifications: Licenses may be issued for the sale of alcoholic liquor in accordance with the classification herein provided:
a. Class A-1 Hotel: A maximum of two (2) Class A-1 licenses for the sale of alcoholic liquors may issue to hotels as they are defined in 235 Illinois Compiled Statutes 5/1-3.25. Alcoholic liquors on such licensed premises may be sold by the drink for consumption upon the premises only.
b. Class A-2(a) Major Restaurants: A maximum of ten (10) class A-2 licenses for the sale of alcoholic liquors may issue to restaurants as they are defined in 235 Illinois Compiled Statutes 5/1-3.23, when such restaurants: 1) have a seating capacity in excess of sixty (60) persons; 2) offer their patrons full and complete meals, including a dinner menu; 3) in which the food preparation and service are not primarily operated as a fast food restaurant; and 4) in which the chef or cook preparing food is a person other than a bartender. Class A-2(a) licenses authorize full bar service for alcoholic liquor on the licensed premises with no restrictions on the type of liquor served provided, however, a separate dining area, exclusive of the bar area, shall be made available. Alcoholic liquors on such licensed premises may be sold by the drink for consumption upon the premises only. Notwithstanding the foregoing, a major restaurant may sell wine by the bottle for consumption on or off the premises, provided that, if wine is sold by the bottle for consumption on the premises and it is not finished, the bottle with its remaining contents must be sealed in plastic by the licensee before a patron is permitted to remove the bottle from the premises. For the purposes of this class A-2(a), a restaurant must derive more than fifty-percent (50%) of its gross revenue (on an annual basis) from the sale of food. The determination of whether the fifty-percent (50%) gross revenue standard has been met shall be made at the time of license renewal for the year just ended. In the event a licensee has not possessed a class A-2 license for a full year, the determination of whether the fifty-percent (50%) standard has been met shall be deferred until the next license renewal period. The records used to determine whether said fifty-percent (50%) standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, state liquor license reports, or any other form of information deemed acceptable by the village.
c. Class A-2(b) Minor Restaurants: A maximum of seven (7) licenses for the sale of alcoholic liquors may issue to restaurants as they are defined in 235 Illinois Compiled Statutes 5/1-3.23 and 5/6-25, when such restaurants: 1) have a seating capacity of sixty (60) persons or less; or 2) do not offer their patrons full and complete meals, including a dinner menu; or 3) in which the food preparation and food service are primarily operated as fast food restaurants. Alcoholic liquors on such licensed premises may be sold by the drink for consumption upon the premises only. Notwithstanding the foregoing, a minor restaurant may sell wine by the bottle for consumption on or off the premises, provided that, if wine is sold by the bottle for consumption on the premises and it is not finished, the bottle with its remaining contents must be sealed in plastic by the licensee before a patron is permitted to remove the bottle from the premises.
d. Class A-3 Entertainment Centers: A maximum of two (2) licenses for the sale of alcoholic liquors may issue to entertainment centers such as bowling alleys and theaters during an indoor entertainment event, at which admission is charged for that event. Alcoholic liquor may be sold on such premises not in its original container, by the drink for consumption upon the premises only, with or without food.
e. Class A-4 Taverns: A maximum of seventeen (17) Class A-4 licenses may issue to taverns for the sale of alcoholic liquor in taverns in which alcoholic liquors may be sold by the drink for consumption upon the premises only. Package liquors may be sold under a Class A-4 license.
f. Class A-5 Package Stores: A maximum of sixteen (16) Class A-5 licenses may issue to package stores for the sale of alcoholic liquor. Such alcoholic liquor must be in the original package as it is defined in 235 Illinois Compiled Statutes 5/1-3.06. No alcoholic liquor, except in the original package, shall be sold upon any premises licensed as a package store, Class A-5.
g. Class A-6 Clubs: A maximum of one Class A-6 license may issue to clubs as they are defined in 235 Illinois Compiled Statutes 5/1-3.24. Alcoholic liquors on such premises may be sold by the drink for consumption on the premises only.
h. Class A-7 Caterers: A maximum of two (2) Class A-7 licenses may issue to holders of Class A-2(a) licenses who provide catering of food and liquor off the premises established for the A-2(a) license. Class A-7 licenses shall authorize the sale of alcoholic liquor within the Village as an incidental part of the catering of food service, excluding the serving of snacks as the primary meal, by caterers for catered events conducted off the premises of the licensee. The sale of alcoholic liquor shall be permitted only for consumption at the location where the catered event is taking place, and alcoholic liquor sold under this license must be consumed in an enclosed location upon the premises, such as within a building or tent. Alcoholic liquor under this license may not be consumed at a location upon the premises that is visible from neighboring properties, public streets, or sidewalks. The annual fee for issuance of an A-7 license shall be one hundred dollars ($100.00).
i. Class A-8 Licensed Truck Stop Establishments: A maximum of one Class A-8 license may issue to licensed truck stop establishments as they are defined in 230 Illinois Compiled Statutes 40/5. Alcoholic liquor sold at licensed truck stop establishments must be in the original package as it is defined in 235 Illinois Compiled Statutes 5/1-3.06. No alcoholic liquor, except in the original package, shall be sold upon any premises licensed as a licensed truck stop establishment, Class A-8. No general consumption on the premises shall occur; however sampling may be allowed with the following restrictions: a product sample, offered at an on premises retail licensee that has a Class A-8 license, for a sales promotion, of no more than the following amounts:
Distilled spirits | 1/4 ounce |
Wine | 1 ounce |
Beer | 2 ounces |
Only products registered with the State Liquor Commission may be sampled.
j. Class A-9 Small Hotel Recreation Establishments: A maximum of two (2) Class A-9 licenses may issue to establishments that offer hotel accommodations and recreation facilities which satisfy the following criteria:
(1) A minimum of six (6) hotel rooms with no tenancy term exceeding thirty one (31) days, and with the Village's Hotel Tax to be imposed on the premises;
(2) Availability of pier space for boating on the Chain of Lakes for hotel patrons;
(3) Availability of outdoor recreation activities such as volleyball, bocci ball, bags and horseshoes;
(4) Alcoholic beverages to be served outside the hotel building, but on site in a tiki-bar type structure or other indoor-outdoor type structure, with additional recreation facilities in said structure; and
(5) Such other criteria as may be imposed by the Liquor Commissioner because of the specific location of the premises or special conditions related to operation of the business on the premises.
2. Class A-1 Through A-5 And A-9 Fees: The fees for licenses issued under Classifications A-1, A-2(a), A-2(b), A-3, A-4, A-5 and A-9 shall be two thousand seven hundred fifty dollars ($2,750.00) for the first year and six hundred seventy five dollars ($675.00) for the annual renewal of such license, such fees to accompany such original and such renewal application. Said fees shall include the charges for one State and Federal background check and fingerprinting. If applicant in either an original or renewal application requests background check and fingerprinting for additional persons, applicant shall pay the costs for such additional background checks and fingerprinting. In the event that an application is made for the first year after July 1 of the first year, then forty percent (40%) of the fee shall be prorated on a daily basis using one thousand dollars ($1,000.00) as the basis for said proration (i.e., $1,000.00 ÷ 365 = $2.74 x the number of days from and including the date of application through the following June 30) and the prorated figure plus one thousand seven hundred fifty dollars ($1,750.00) shall be the actual fee charged. In addition to the foregoing, if supplemental information supplied by a licensee requires additional background checks and fingerprinting in the opinion of the Chief of Police, then the licensee shall pay the fees for such additional background checks and fingerprinting.
3. Class A-6 Fee: The fee for licenses issued under Classification A-6 shall be one thousand one hundred dollars ($1,100.00) for the first year and five hundred dollars ($500.00) for the annual renewal of such licenses, such fee to accompany such original and such renewal application. In the event that an application is made for the first year after July 1 of the first year, then forty percent (40%) of the fee shall be prorated on a daily basis using four hundred dollars ($400.00) as the basis for said proration (i.e., $400.00 ÷ 365 = $1.10 x the number of days from and including the date of application through the following June 30) and the prorated figure plus seven hundred dollars ($700.00) shall be the actual fee charged.
4. Class A-8 Fee: The fees for licenses issued under Classification A-8 shall be two thousand seven hundred fifty dollars ($2,750.00) for the first year and seven hundred seventy five dollars ($775.00) for the annual renewal of such license, such fees to accompany such original and such renewal application. Said fees shall include the charges for one State and Federal background check and fingerprinting. If applicant in either an original or renewal application requests background check and fingerprinting for additional persons, applicant shall pay the costs for such additional background checks and fingerprinting. In the event that an application is made for the first year after July 1 of the first year, then forty percent (40%) of the fee shall be prorated on a daily basis using one thousand dollars ($1,000.00) as the basis for said proration (i.e., $1,000.00 ÷ 365 = $2.74 x the number of days from and including the date of application through the following June 30) and the prorated figure plus one thousand seven hundred fifty dollars ($1,750.00) shall be the actual fee charged.
a. Clubs: It shall be unlawful for any club licensed by the Village to sell alcoholic liquor to sell or offer for sale, give away or deliver, permit to be consumed, either in, upon or from any licensed premises, any alcoholic liquor between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. on any day.
b. Other Licensees: Except as provided herein, it shall be unlawful for any person or entity to sell or offer for sale, give away or deliver, permit to be consumed, either in, upon or from any licensed premises, any alcoholic liquor between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. Monday through Friday, and between the hours of three o'clock (3:00) A.M. and five o'clock (5:00) A.M. on any Saturday or Sunday.
6. Classification Changes: The liquor commissioner shall have the right to designate a different classification to a license if he or she finds that the existing classification is not the proper classification for the actual operation of the business. If the liquor commissioner makes such a designation, then the village board shall increase the number of authorized licenses to accommodate the newly designated license and shall decrease the number of authorized licenses for the prior license classification, in order to offset the change as designated.
B. Retail Class B:
1. A twenty four (24) hour permit to sell, deal and traffic in intoxicating liquor by the glass only on the premises so licensed. If more than one premises will be utilized by the holder of the permit (as for example for a winetasting occurring at several locations simultaneously), then each such premises which is not already a liquor license holder shall be listed on the permit and a copy of the permit shall be displayed at each such premises during the event for which the permit was issued.
2. The fee shall be twenty dollars ($20.00) and shall permit the holder to sell, deal and traffic intoxicating liquor by the glass only on the premises licensed for a period of twenty four (24) hours provided that the permit may be extended an additional four (4) days at a fee of four dollars ($4.00) for each additional twenty four (24) hour period or fraction thereof.
3. No more than four (4) such permits shall be issued to any organization or person representing any organization in any one year. Retail class B permits will be issued only to specific organizations, and in no case to private individuals. The liquor commissioner may make the issuance of the permit subject to any condition that the commissioner determines is appropriate to protect the public health, safety, and welfare, including, without limitation, restrictions on the location and hours for sales of alcoholic liquors, the type of alcoholic liquors that may be sold pursuant to a particular permit, and the type of activities that may be conducted as part of the event for which the permit is sought.
C. Nonrestaurant BYOB License:
1. License Required: No person shall allow alcohol to be carried in for consumption on the premises of a public accommodation without having a BYOB license, which is hereby created.
2. Application Requirements:
a. Applicant must show proof of ownership or present a fully executed lease for the period for which the license is to be issued for the premises for which the license is sought.
b. If applicant is not the property owner, proof must be provided of consent of property owner to obtain BYOB license for the premises.
c. Applicant must be the beneficial owner of the business to be licensed.
d. Applicant must provide a certificate of insurance reflecting general liability in the amount of two hundred fifty thousand dollars ($250,000.00), naming the village of Fox Lake as certificate holder and additional insured.
e. Applicant must agree in writing to save and hold harmless the village of Fox Lake from any and all claims arising out of consumption of alcoholic liquor on the premises.
f. Applicant must agree to abide by the village of Fox Lake liquor control ordinance, including the prohibition of allowing minors to consume and the observance of the hours of consumption.
3. Terms And Conditions: All BYOB licenses shall be subject to the following terms and conditions. Violation of these terms and conditions may be cause for revocation of license at the discretion of the liquor commissioner.
a. Term: A license is purely a personal privilege, good for not to exceed one year from the date of issuance. The one year period shall expire on June 30 of each following year, unless sooner revoked or suspended.
b. Expiration: All licenses, regardless of the date of issuance, shall terminate on June 30 of each year following the date of issuance.
c. Hours: No holder of a BYOB license shall allow service or consumption of any alcoholic liquor on the premises between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on any day. The hours mentioned herein shall be Central Standard Time except when daylight saving time is in effect, and then said hours shall be Central Daylight Saving Time.
d. Serving Or Furnishing Alcohol: No license holder under this section shall serve or allow alcoholic liquor to be consumed by any person under the age of twenty one (21), or to any intoxicated person, or to any person known by him or her to be under legal disability or in need of mental treatment, or harbor or permit any intoxicated persons to loiter on the premises described in the license or allow any conduct which shall tend to disturb the peace and quiet of the neighborhood, or the premises.
e. Educational Events: The license holder shall not allow any alcoholic beverages other than wine or beer to be served or consumed on the premises of a retail establishment at artistic or educational events.
f. Amenities: The licensee is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.
g. Open And Pour: No licensee, nor any employee or staff member of licensee is permitted to open and pour the wine or beer.
h. Storage: No storage of beer or wine is permitted.
i. Removal: An opened bottle of wine or beer may not be removed from the premises but must be disposed of before the customer leaves the premises.
j. Certificate Of Insurance: In addition to general liability insurance, the licensee must provide a certificate of insurance naming the Village of Fox Lake certificate holder and additional insured in the amount of two hundred fifty thousand dollars ($250,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence for bodily injury liability; fifty thousand dollars ($50,000.00) for loss of means of support; fifty thousand dollars ($50,000.00) for property damage liability, or a five hundred thousand dollar ($500,000.00) single limit dramshop policy.
k. BASSET Certified: The licensee shall be required to be BASSET certified. Any employees who are present when the licensee is not present (or the licensee is not supervising the activity) shall also be BASSET certified.
l. Fee: The annual fee for a BYOB nonrestaurant license shall be two hundred dollars ($200.00) and there shall be no proration of charges for midyear issuance of a license.
m. Issuance: A maximum of two (2) nonrestaurant BYOB licenses may be issued. (Ord. 86-16, 6-2-1986; amd. Ord. 2007-50, 9-25-2007; Ord. 2010-09, 4-13-2010; Ord. 2011-26, 9-13-2011; Ord. 2014-18, 6-24-2014; Ord. 2015-18, 4-14-2015; Ord. 2015-25, 4-28-2015; Ord. 2016-18, 5-24-2016; Ord. 2016-28, 8-23-2016; Ord. 2016-31, 9-13-2016; Ord. 2016-41, 11-22-2016; Ord. 2017-56, 12-12-2017; Ord. 2018-40, 9-11-2018; Ord. 2018-43, 9-25-2018; Ord. 2019-26, 7-9-2019; Ord. 2020-18, 7-14-2020; Ord. 2021-17, 8-10-2021; Ord. 2021-34, 12-14-2021)
Notes
| 1 | See also section 3-3-7 of this chapter. |