Every person, partnership, firm or corporation engaged in the retail sale of alcoholic liquor in the village shall pay an annual license fee. Such licenses shall be divided into the following classes:
(A) (1) Class A-1 — Tavern permitting bar and carry-outs. Class A-1 licenses shall authorize the retail sale of alcoholic liquor for consumption upon the specified premises at or over a bar, a service bar and/or at tables including the sale at retail of alcoholic liquors in their original containers, with seals unbroken, for consumption elsewhere than upon the premises (carry-outs).
(2) Class A-2 — Microbrewery/Distillery/Winery permitting sampling area and carry-outs. Class A-2 licenses shall authorize the production, retail sale, and limited on site consumption of alcoholic liquor upon the specified premises. Retail sales shall include alcoholic liquors in their original containers, with seals unbroken, and two liter or smaller growler type bottles of draft beer and ale with unbroken tamper evident seal affixed by the licensee for consumption elsewhere than upon the premises of the facility that manufactures the beer, wine, or other alcoholic beverages. In addition to all other requirements imposed by law, a Class A-2 license is subject to the following additional terms and conditions:
(a) Alcohol consumed and sold at retail on the premises shall be limited to beer, wine, or other alcoholic beverages manufactured on site.
(b) All alcohol samples shall be served to customers over a service counter as defined in § 113.02. Dedicated wait staff and tableside service is prohibited.
(c) Customer seating at the service counter is prohibited.
(d) Amusement devices and televisions are not permitted.
(e) Live entertainment is prohibited unless permitted via a temporary use permit.
(f) Hours of operation shall be limited to the hours of 10:00 a.m. to 10:00 p.m.
(g) Sampling areas shall not exceed 25% of the gross floor area or 1,000 square feet whichever is less.
(h) Retail displays of packaged alcohol shall not exceed 10% of the customer floor area.
(B) (1) Class B-1 — Tavern permitting bar and no carry-outs. Class B-1 licenses shall authorize the retail sale of alcoholic liquor for consumption upon the specified premises at or over a bar, a service bar and/or at tables. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited.
(2) Class B-2 — Movie Theater permitting bar and no carry-outs. Class B-2 licenses shall authorize the retail sale of alcoholic liquor for consumption upon the specified premises at or over a bar, a service bar and/or at tables. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited.
(C) (1) Class C-1 — Full service restaurant, permitting bar, no carry-outs. Class C-1 licenses shall authorize the retail sale upon the premises specified of alcoholic liquor in conjunction with the operation of a full service restaurant as herein defined. Sales at or over a bar, a service bar and/or at tables are permitted. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited, provided that partially consumer bottles of wine may be sealed and removed as provided in § 113.45. No C-1 liquor license shall be issued unless the restaurant is found consistent with the following standards:
(a) Bar and lounge areas within the restaurant shall not contain more than 25% of the total number of seats located within the premises nor shall they exceed 25% of the total customer floor area.
(b) Bar and lounge areas within the restaurant shall be reasonably delineated from the dining area by a wall, partition or similar permanent physical improvement.
(c) Electronic video displays and their accompanying audio, including but not limited to televisions and projection screens, shall not be located or transmitted outside of the dedicated bar and/or lounge area.
(d) All menu items shall be available until one hour prior to closing and shall be prepared by an on-site kitchen staff.
(2) Class C-2 — Restaurant/tavern, permitting bar, no carry-outs. Class C-2 licenses shall authorize the retail sale upon the premises specified of alcoholic liquor in conjunction with the operation of a restaurant as herein defined. Sales at or over a bar, a service bar and/or at tables are permitted. Food sales comprise the majority of all revenues generated by the business. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited, provided that partially consumer bottles of wine may be sealed and removed as provided in § 113.45. No C-2 liquor license shall be issued unless the restaurant is found consistent with the following standards:
(a) Bar and lounge areas within the Restaurant/tavern shall not contain more than 40% of the total number of seats located within the premises nor shall they exceed 40% of the total customer floor area.
(b) Amusement devices may be provided in accordance with Chapter 111 of this Code.
(c) A full menu, including entrees and side dishes prepared and cooked by an on-site kitchen staff, shall be available to customers until 10:00 p.m. daily. After 10:00 p.m., and in the event a full menu is no longer provided, a reduced menu that includes appetizers, sandwiches, snacks, hors d'oeuvres or other similar foods, shall be available to customers until one hour prior to close.
(D) (1) Class D-1 - Restaurant, permitting bar and limited carry-outs.
(a) Class D-1 licenses shall authorize the retail sale upon the premises of alcoholic liquor in conjunction with but ancillary to the operation of a restaurant, sale over a bar, service bar and/or at tables is permitted. The sale of alcoholic liquor for consumption off the premises where they are sold (carry-outs) is expressly prohibited except for the retail sale only of wine, beer, and ale so long as in their original bottles with seal unbroken, two litter or smaller growler type bottles of draft beer and ale with unbroken tamper evident seal affixed by the licensee and partially consumed bottles of wine sealed and removed from the premises are provided in § 113.45.
(b) Because this license contemplates very limited carry-out sales and area used for the retail sales of the licensed carry-out beverages, a Class D-1 licensed premises shall have no more than 16 square feet of floor space and 32 square feet of shelving/racks/display for retail sales of licensed beverages for off premises consumption.
(2) Class D-2 - Restaurant/Brew Pub, permitting bar and limited carry-outs.
(a) Class D-2 licenses shall authorize the retail sale upon the premises of alcoholic liquor in conjunction with but ancillary to the operation of a restaurant. Class D-2 license holders must also hold a brew pub license issued by the State of Illinois. Sale of alcoholic liquor over a bar, service bar and/or tables is permitted. Sale of alcoholic liquor for consumption off the premises where they are sold (carry-outs) is expressly prohibited except for the retail sale only of beer and/or ale manufactured on the premises, provided it is packaged as a keg, a two liter or smaller growler bottle, or other retail packaging with unbroken tamper evident seal affixed by the licensee. Partially consumed bottles of wine sealed and removed from the premises as provided in § 113.45.
(b) In addition to all other requirements imposed by law, a Class D-2 license is subject to the following additional terms and conditions:
1. Manufacture of alcoholic liquors must occur during locally permitted business hours and shall be clearly subordinate to the operation of a restaurant to engage in the sale of alcoholic liquor.
2. Should the licensee engage in state authorized distribution activities, the licensee shall cause there to be no more than one distribution vehicle trip to service the premises per day.
3. Bar and lounge areas within the restaurant shall not contain more than 40% of the total number of seats located within the premises nor shall they exceed 40% of the total customer floor area.
4. A full menu, including entrees and side dishes prepared and cooked by an on-site kitchen staff, shall be available to customers until 10:00 p.m. daily. After 10:00 p.m., and in the event a full menu is no longer provided, a reduced menu that includes appetizers, snacks, hors d'oeuvres or other similar foods, shall be available to customers until one hour prior to close.
5. Retail displays of packaged alcohol shall not exceed, in total, 10% of the customer floor area.
(3) Class D-3 — Bistro and wine bar, beer and wine only, permitting bar and limited carry-outs. Class D-3 licenses shall authorize the retail sale upon the premises of beer and wine only in conjunction with the operation of a restaurant and specialty retail wine shop. The retail sale of beer or wine in their original containers, with seals unbroken, for consumption off the premises where they are sold (carry-outs) is permitted provided no more than 10%of the customer floor area of a Class D-3 licensed premises is used for this purpose. The Class D-3 license authorizes the licensed premises to operate up to 24 self-service wine dispensing taps, which may dispense no more than six fluid ounces of wine at a time, provided that each self-service tap is monitored by recorded video and at least one trained employee per 35 customers at all times. Additionally, no more than six tasting events per year for spirits, wine or beer, as “tasting” is further defined under § 100.10 of the Illinois Liquor Control Commission, may be provided upon the licensed premises. Partially consumed bottles of wine sealed and removed from the premises is permitted as provided in § 113.45.
(4) Class D-4 — Bistro and wine bar, permitting bar and limited carry-outs. Class D-4 licenses shall authorize the retail sale upon the premises of alcoholic liquor in conjunction with the operation of a restaurant and specialty retail wine shop. The retail sale of beer or wine in their original containers, with seals unbroken, for consumption off the premises where they are sold (carry-outs) is permitted provided no more than 10% of the customer floor area of a Class D-4 licensed premises is used for this purpose. The Class D-4 license authorizes the licensed premises to operate up to 24 self-service wine dispensing taps, which may dispense no more than six fluid ounces of wine at a time, provided that each self-service tap is monitored by recorded video and at least one trained employee per 35 customers at all times. Additionally, no more than six tasting events per year for spirits, wine or beer, as "tasting" is further defined under section 100.10 of the Illinois Liquor Control Commission, may be provided upon the licensed premises. Partially consumed bottles of wine sealed and removed from the premises is permitted as provided in § 113.45.
(E) Class E — Restaurant, prohibiting bar and carry-outs.
(1) Class E-1 — Restaurant, prohibiting bar and carry-outs. Class E-1 licenses shall authorize the retail sale of alcoholic liquor in conjunction with a restaurant as herein defined. The sale of alcoholic liquors across a bar is expressly prohibited, but a service bar or bars are permitted. The sale of alcoholic liquors for consumption off the premises (carry-outs) is expressly prohibited, provided that partially consumed bottles of wine may be sealed and removed as provided in § 113.45.
(2) Class E-2 — Restaurant, prohibiting bar and carry-outs - beer and margaritas only. Class E-2 licenses shall only authorize the retail sale of beer and margaritas only and no other alcoholic drinks or alcoholic liquors in conjunction with a restaurant as herein defined. The sale of beer and margaritas across a bar or for consumption off the premises (carry-outs) is expressly prohibited, but a service bar is permitted. (Note: For purposes of this license class, MARGARITA means a drink which uses tequila as its primary but not necessary exclusive alcoholic liquor component).
(3) Class E-3 — Restaurant, prohibiting bar and carry-outs - beer and wine only. Class E-3 licenses shall authorize the retail sale of beer and wine only, and no other alcoholic drinks or alcoholic liquors in conjunction with a restaurant as herein defined. The sale of beer and wine across a bar or for consumption off the premises (carry-outs) is expressly prohibited, but a service bar is permitted.
(4) Class E-4 — Restaurant, prohibiting bar and carry-outs - beer, wine, and bourbon only. Class E-4 licenses shall authorize the retail sale of beer, wine, and bourbon only, in conjunction with a restaurant as herein defined. The sale of beer, wine and bourbon across a bar is expressly prohibited, but a service bar is permitted. The sale of alcoholic liquors for consumption off the premises (carry-outs) is expressly prohibited, provided that partially consumed bottles of wine may be sealed and removed as provided in § 113.45.
(F) (1) Class F-1 — Packaged liquor store (carry-outs). Class F-1 licenses shall authorize the retail sale of alcoholic liquors in their original packages with seals unbroken for consumption at places other than upon the licensed premises. Except for the sale of minor ancillary items, the entire premises shall be devoted to the sale of alcoholic liquors. The consumption of alcoholic liquors upon such premises is expressly prohibited.
(2) Class F-2 — Grocery store (carry-outs). Class F-2 licenses shall authorize the retail sale by grocery stores of alcoholic liquors in their original packages with seals unbroken for consumption at places other than upon the licensed premises. The consumption of alcoholic liquors upon such premises is expressly prohibited. For the purpose of this division, “grocery store” shall mean a retail establishment with a floor area of more than 5,000 square feet offering for sale a full line of groceries and household items. Alcoholic liquors shall not occupy more than 10% of the floor area.
(3) Class F-3 — Convenience store (carry-outs). Class F-3 licenses shall authorize the retail sale by convenience stores of alcoholic liquors in their original packages with seals unbroken for consumption at places other than upon the licensed premises. The consumption of alcoholic liquors upon such premises is expressly prohibited. For the purpose of this division, "convenience store" shall mean a retail establishment with a floor area of 5,000 square feet or less offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood. Alcoholic liquors shall not occupy more than 10% of the floor area. Except in refrigerated areas, displays of merchandise for sale shall not exceed five feet in height.
(4) Class F-4 — Beer and wine (carry-outs). Class F-4 licenses shall authorize the retail sale of beer and wine in their original packages with seals unbroken for consumption at places other than upon the licensed premises. The consumption of alcoholic liquors upon such premises is expressly prohibited. Beer and wine shall not occupy more than 10% of the floor area. Except in refrigerated areas, displays of merchandise for sale shall not exceed five feet in height.
(5) Class F-5 - Grocery Store (carry-outs and in-store cafe).
(a) Class F-5 licenses shall authorize the following types of sales within a grocery store:
1. Carry-outs. The retail sale of alcoholic liquors in their original packages with seals unbroken for consumption at places other than the licensed premises.
2. In-store cafe. The retail sale of individual servings by the glass of beer, wine or sake only for on-premises consumption, solely in a designated serving/seating area of a cafe, where a selection of both hot and cold foods such as sushi, tapas, or other “small plates,” appetizers, sandwiches, salads, soups, pastries and baked goods are freshly prepared and regularly served and available for purchase and carry out.
(b) In addition to all other requirements imposed by law, a Class F-5 license is subject to the following additional terms and conditions:
1. For purposes of this F-5 license classification, a grocery store shall mean a retail establishment with a minimum gross floor area of not less than 40,000 square feet in the business of selling a full line of grocery products, including staples, foodstuffs, meats, fish, produce, dairy products, deli, bakery and household items and supplies.
2. Not more than 10% of the grocery store floor area will be used for carry-out liquors and not more than 5% of its gross floor area used for cafe food preparation and serving/seating area.
3. Since the service of alcoholic liquor in the cafe is merely an adjunct operation of the grocery store, the cafe shall not be advertised, otherwise held out to be, or its business conducted as though it is a drinking establishment.
4. At anytime liquor is available for sale in the cafe, the licensee shall have a sufficient number of staff in the cafe to assure, among other things, liquor is only being consumed in the designated cafe serving/seating area and by a person of legal age.
5. Alcoholic liquor sold in their original packages intended for consumption at places other than the licensed premises shall not be opened or consumed on the premises, including the in-store cafe and its serving/seating area.
(G) Class G — The sale of draft beer and draft ale only, no carry-outs. Class G licenses shall authorize the retail sale upon the licensed premises for the consumption of the beverage commonly known as draft beer and/or draft ale only. Draft beer and draft ale are defined for purposes hereof as beer or ale in bulk, under pressure, in a barrel or similar pressurized type container, the size of which shall not be less than a quarter barrel or equivalent thereto and drawn from the same via a spigot or faucet for individual servings, in not larger than pitcher amounts, as opposed to beer or ale which is in a can, bottle or any other type of container and poured from the same. Sales at or over a service bar and/or at tables are permitted. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-out) is expressly prohibited.
(H) Class H — Sale of beer and wine only, no carry-outs. Class H licenses shall authorize the retail sale upon the premises of the beverages commonly known as beer and wine. Only sale of beer and wine at or over a service bar and/or at eating tables is permitted. The sale of alcoholic liquors for consumption off the premises where they are sold (carry-outs) is expressly prohibited.
(I) Class I — Outing Permits.
(1) Class I-1 — Outing Permits - single event. Class I-1 licenses shall authorize the sale of alcoholic liquors at the place specified in the application, for picnics or other public outings, for periods not to exceed three days, or for a period of not to exceed five days for Fall Festival.
(2) Class I-2 — Outing Permits - public premises events only; service, delivery and sales permitted; full bar, and no carry outs. Class I-2 licenses shall authorize the sale and delivery of alcoholic liquors as may be permitted in § 6-15 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) or Illinois law in buildings or on property owned, belonging to or under the control of any political subdivision which are within the corporate limits of the village. The terms, conditions, limitations and restrictions contained in the enabling statute for the political subdivision, including § 6-15 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) and applicable sections of the Administrative Code of Illinois, if any, as from time to time amended are incorporated as requirements for the issuance of a Class I-2 License.
(3) Class I-3 — Outing Permits - public premises events only; service, delivery and sales permitted; beer and wine only, and no carry outs. Class I-3 licenses shall authorize the sale and delivery of beer and wine only as may be permitted in § 6-15 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) or Illinois law in buildings or on property owned, belonging to or under the control of any political subdivision which are within the corporate limits of the village. The terms, conditions, limitations and restrictions contained in the enabling statute for the political subdivision, including § 6-15 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) and applicable sections of the Administrative Code of Illinois, if any, as from time to time amended are incorporated as requirements for the issuance of a Class I-3 License. In addition to and not in lieu of the compliance with all requirements of the State of Illinois, each Class I-2 and Class I-3 Licensee for the licensed event is subject to each of the following provisions:
(a) The political subdivision applicant must comply with and subject to all application and other requirements of the Village of Frankfort’s liquor control ordinances.
(b) The governing board of the political subdivision owning or controlling the building or property where an event will be held must approve each event.
(c) Any Class I-2 and Class I-3 License shall be in effect for not more than two consecutive days per event with not more than six events on the property owned or controlled by the political subdivision per calendar year. Hours of operation shall be limited to 11:00 p.m. (Monday, Tuesday, Wednesday, Thursday and Sunday) and 1:00 a.m. (Friday and Saturday).
(d) The political subdivision represents to the village that its governing body has adopted adequate procedures and policies, including public safety, control of the sale, distribution and sensible consumption of authorized liquor at events at its facilities.
(e) Alcoholic liquor only can be sold, distributed, delivered or consumed in a restricted area accessible for the event only; not for general public access.
(f) Any persons managing, supervising the event or selling, distributing, providing or delivering alcoholic beverages must be at least 21 years of age and have successfully completed a State of Illinois approved Basset training program within two years of the event. The political subdivision shall maintain adequate records, including copies of Basset certificates to establish compliance with this requirements.
(g) The political subdivision shall have or require dram shop insurance coverage for the event.
(h) The political subdivision shall require alcoholic liquor to be controlled to prevent sale, distribution or consumption by persons under 21 and prohibit alcoholic liquor from being taken from the restricted area which is not accessible to the general public during the event.
(J) Class J — Club License. Class J licenses shall authorize the retail sale of alcoholic liquor on the specified premises by the club as defined in § 113.02 to which it is issued, to members of the club, to not-for-profit organizations which are conducting dances or other public gathers upon the premises and to such organization’s invitee, to private persons conducting private gatherings and their invitee. The sale of alcoholic beverages to members of the general public is expressly forbidden.
(K) Class K — Fraternal organization license. Class K licenses shall authorize the retail sale of alcoholic liquors on the specified premises by the Fraternal Organization to members of the Fraternal Organization, to not-for-profit organizations conducting dances or other public gatherings upon the premises and to such organizations’ invitees, and to private persons conducting private gatherings and their invitees, but not to members of the general public.
(L) Class L — Beer and wine (carry-outs, limited consumption permitted). Class L licenses shall authorize the retail sale of beer and wine in their original packages with seals unbroken. Except for the sale of minor ancillary items, the entire premises shall be devoted to the sale of beer and/or wine. Consumption of alcohol on premises shall be limited to one tasting room as provided for in the village zoning ordinance.
(M) Class M — Restaurant, prohibiting bar and permitting limited carry-outs.
(1) Class M license shall authorize the retail sale upon the premises of beer an wine only, in conjunction with but ancillary to the operation of a restaurant. Sale over a bar is prohibited; however, sale to customers at tables is permitted. The retail sale of beer and wine for consumption off the premises (carry-outs) is permitted so long as in their original bottles with seal unbroken and partially consumed bottles of wine sealed and removed form the premises as provided in § 113.45.
(2) Because this license contemplates very limited carry-out sales and area used for the retail sales of the licensed carry-out beverages, a Class M licensed premises shall have no more than 16 square feet of floor space and 32 square feet of shelving/racks/display for retail sales of licensed beverages for off premises consumption.
(N) Class N-Private banquet event facilities; private events only, bar and table service, delivery and sales permitted; full bar; and no carry-outs.
(1) Class N licenses shall authorize bar and table service of alcoholic liquors, as may be permitted in § 6-15 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) or Illinois law, in private banquet event facilities, including but not limited to banquet halls, and in conjunction with a private party, private banquet, or any other scheduled private event not for entry of the general public. The terms, conditions, limitations and restrictions contained in the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 6-15) and applicable sections of the Administrative Code of Illinois, if any, as from time to time amended are incorporated as requirements for the issuance of a Class N License.
(2) In addition to and not in lieu of the compliance with all requirements of the State of Illinois, each Class N Licensee is subject to each of the following provisions:
(a) Alcoholic liquor only can be distributed, delivered or consumed in an area which is not accessible to the general public.
(b) Any persons managing, supervising the event or selling, distributing, providing or delivering alcoholic beverages must be at least 21 years of age and have successfully completed a State of Illinois approved Basset training program within two years of the event. The private banquet event facility shall maintain adequate records, including copies of Basset certificates to establish compliance with this requirements.
(c) The private banquet event facility shall have or require dram shop insurance coverage for the event.
(d) Hours of operation shall be limited to 11:00 p.m. (Monday, Tuesday, Wednesday, Thursday and Sunday) and 1:00 a.m. (Friday and Saturday).
(e) The private banquet event facility shall require alcoholic liquor to be controlled to prevent sale, distribution or consumption by persons under 21 and prohibit alcoholic liquor from being taken from the restricted area which is not accessible to the general public during the event.
(O) Class O — Congregate elderly housing facility. Class O licenses shall authorize the retail sale of alcoholic liquor for use or consumption on the premises of an actively operating congregate elderly housing facility containing at least 75 residential units, as long as the facility also offers food during the hours it offers alcoholic liquor for consumption. Sales of alcoholic liquor by Class O licensees shall be to residents of the facility and their guests only. The facility shall not be permitted to advertise or promote itself as containing a pub, bar or tavern, shall not be permitted to have any exterior signage related in any way to the sale of alcoholic liquors, and shall have no public access from outside of the building directly to the room where alcoholic liquor is provided or sold.
(Ord. 1105, passed 12-5-83; Am. Ord. 1261, passed 5-15-89; Am. Ord. 1381, passed 6-15-92); Am. Ord. 1429, passed 9-7-93; Am. Ord. 1703, passed 6-1-98; Am. Ord. 2274, passed 4-3-06; Am. Ord. 2395, passed 6-18-07; Am. Ord. 2545, passed 12-1-08; Am. Ord. 2644, passed 3-15-10; Am. Ord. 2726, passed 6-20-11; Am. Ord. 2745, passed 10-3-11; Am. Ord. 2800, passed 8-20-12; Am. Ord. 2826, passed 1-7-13; Am. Ord. 2875, passed 10-21-13; Am. Ord. 2879, passed 11-18-13; Am. Ord. 2958, passed 12-15-14; Am. Ord. 3017, passed 3-21-16; Am. Ord. 3039, passed 7-18-16; Am. Ord. 3063, passed 10-17-16; Am. Ord. 3126, passed 12-18-17; Am. Ord. 3221, passed 8-19-19; Am. Ord. 3228, passed 9-3-19; Am. Ord. 3273, passed 11-16-20; Am. Ord. 3289, passed 5-3-21)