Temporary licenses authorizing the sale of alcoholic liquors at a location, or by a person, not otherwise authorized or licensed, may be obtained pursuant to the provisions of this section and in accordance with the rules and regulations established from time to time by the Illinois Liquor Control Commission.
(a) The following rules shall be applicable to all temporary licenses.
(1) An application for the temporary license shall be filed with the City Clerk. Except as otherwise expressly set forth herein, said application process shall be governed by the general provisions of Chapter 802, Licensing in General, of these Codified Ordinances. Provided, that where there is any conflict between this section and the provisions of Chapter 802, the provisions of this section shall supercede those of Chapter 802. The application required shall, at a minimum, include and/or be supported by documents or sworn statements as follows:
A. The name of the applicant, address for which the license is sought;
B. The dates and times the license is to be effective;
C. If the applicant is not an individual person, the name and contact information of the individual having authority to make decisions on behalf of the applicant concerning the application;
D. A reasonably detailed diagram of the area to be used, including location of service of alcoholic beverages, location of any temporary structures or tents, designated access points, and any planned fencing or barriers;
E. Adequate written proof of authority to use the proposed site from the owner or tenant having possession of the property;
F. A statement setting forth the purpose for the issuance of the temporary license;
G. A statement setting forth arrangements for crowd control, access restrictions, and pedestrian and vehicular traffic control;
H. A Certificate of Insurance from a reputable insurance company licensed to do business in the State of Illinois showing evidence of dram shop and liability insurance coverage in an amount not less than (a) one million dollars ($1,000,000) per person/occurrence and two million (US$2,000,000 in the aggregate) or (b) two million dollars ($2,000,000) combined single limits for bodily injury, personal injury and property damage liability.
(2) The hours and location for which any temporary license is in effect shall be deemed a special event as defined in Chapter 1030 of these Codified Ordinances, shall specifically be deemed an "assembly" for purposes of that chapter, and shall be subject to the approval requirements of that chapter. Application shall be made for a special event at the same time as application is made for the temporary license hereunder, and failure to obtain the special event permit prior to the effective date of the temporary license shall void said temporary license. The Clerk may, but need not, establish a combined form for application which satisfies the requirements of both this section and Chapter 1030. Upon payment of the fee for the temporary license, the special event permit fee shall be waived.
(3) No temporary license issued by the City shall be effective until and unless a Special Event Retailer's License is issued by the Illinois Liquor Control Commission for the same dates, times, and location approved hereunder.
(4) No person shall be issued a temporary license which is effective for more than five consecutive days, nor shall any person be issued temporary licenses which are effective on more than fifteen days during any calendar year.
(5) The licensed premises for purposes of any temporary license issued hereunder shall be the location, or any specified portion thereof, which has been approved by the Liquor Commission.
(6) A temporary license issued hereunder shall not permit any person to serve or sell any type of alcoholic liquor unless such sales are permitted by such licensee under its license granted pursuant to Section 806.03 hereof, or similar provision of a foreign jurisdiction which issued a license for retail sales of alcoholic liquor (the "primary license"). Except as provided in relation to T-4 licenses, no person shall sell any package liquor for consumption off-premises pursuant to a temporary license unless otherwise permitted under its primary license or an associated supplemental license.
(b) Types of Temporary Licenses.
(1) A Class T-1 Temporary License shall authorize the sale of alcoholic liquor at the licensed premises by:
A. A not-for-profit entity which has been recognized by the Internal Revenue Service as a qualified tax-exempt organization under section 501(c) of the Internal Revenue Code;
B. A governmental unit or political subdivision whose boundaries contain any property within the corporate limits of the City; or
C. A church or other religious organization keeping a permanent house of worship within the corporate limits of the City.
(2) A Class T-2 Temporary License shall authorize the sale of alcoholic liquor at the licensed premises by the holder in good standing of any class of license granted hereunder which authorizes the sale of any alcoholic liquor at retail.
(3) A Class T-3 Temporary License shall authorize the sale of alcoholic liquor at the licensed premises by the holder in good standing of a State of Illinois Liquor License which authorizes the sale of alcoholic liquor at retail in a jurisdiction outside the corporate limits of the City.
(4) A Class T-4 Temporary License shall authorize the sale of alcoholic liquor at a duly licensed special event by the holder in good standing of a State of Illinois Liquor License. Said sales may include package sales of alcoholic liquor for off-premises consumption only if the alcoholic liquor being sold is manufactured by the holder of the T-4 License. No less than three T-4 Licenses may be issued for any special event.
(5) A Class T-5 Temporary License shall permit a sponsor to host a tasting walk pursuant to the requirements of this section.
A. Definitions. For purposes of this section, the following terms shall have the meanings set forth below:
1. "Participating locations" shall mean bona fide businesses which meet all of the following criteria:
a. The business is located in the Central Business District of the City, as defined in Section 202.03(5) of these Codified Ordinances;
b. One or more of the following occur on a regular, day-to-day basis at the location:
i. Goods, such as clothing and books, are sold at retail:
ii. Professional services are provided by a licensed professional on site; or
iii. Personal services, such as grooming or health care services.
c. The business is not otherwise licensed to sell and/or serve alcoholic liquor; and
d. The business has expressly consented to participation in the event.
2. "Participant" shall mean a person over the age of twenty-one years who has pre-registered with the sponsor to partake in the tasting walk.
3. "Sponsor" shall mean a business, charitable, and/or educational organization which is responsible for the organization of the event.
4. "Liquor sponsor" shall mean either the sponsor, if the sponsor is a current State of Illinois Liquor Licensee or is a 501(c) charitable entity eligible to obtain a Special Event Liquor License from the State of Illinois, or another person or entity so qualified which is participating with the sponsor in the event for purposes of obtaining a State of Illinois Special Event or Special Use License for the event.
5. "Tastings" shall mean samples of distilled beer, hard cider, and/or wine, in an amount no greater than one ounce each for wine and hard ciders, or two ounces for beer, served in recyclable, non-breakable drinkware.
6. "Tasting walk" shall mean an organized activity conducted by a sponsor in which participants walk to pre-arranged participating locations in order to partake in tastings of alcoholic liquors.
B. Application. An application for a tasting walk shall be submitted no later than thirty days prior to the proposed date of the event for which the license is sought. In addition to the general requirements set forth elsewhere in this chapter, the application for the tasting walk shall state the following:
1. The proposed day and time of the tasting walk. Provided, a tasting walk may last no longer than five hours, and may only be conducted between the hours of 11:00 a.m. and 8:00 p.m.
2. A detailed description of each participating location of the tasting walk, including the name, contact information, address, and any other information requested by the Liquor Commission.
3. A statement of the objects for which the sponsor entity was formed, along with the full name, address, email address, and telephone number of all its officers, managers, and/or directors, and the date the sponsor entity was formed.
4. The names, dates of birth, addresses, and telephone numbers of all persons who are members of or associated with the sponsor who will serve tastings at the tasting walk.
5. The name, if different from the sponsor, of the liquor sponsor.
6. A detailed plan describing how the sponsor will ensure that individuals under the age of twenty-one do not participate in the tasting walk.
C. Participating locations.
1. All participating locations must be approved by the Liquor Commission in order to participate in the tasting walk. The sponsor must provide the name, contact information, and address, as well as a written consent to participation, for each location.
2. The Liquor Commission shall issue a certificate of participation to the sponsor for each location that is approved to participate in the tasting walk. The sponsor shall be responsible to ensure that, at all times during the active hours of the tasting walk, each location prominently displays the certificate of participation where it would be easily visible to a reasonable person.
3. The Liquor Commission may decline to issue a certificate of participation to any participating location if the Liquor Commission determines it is not in the interest of the health, safety, and welfare of the public to issue such certificate.
4. An approved participating location with a certificate of participation shall be deemed for all purposes as being a licensed premises pursuant to a special event license issued by the City of Freeport for the term of the tasting walk for purposes of compliance with Section 100.285 of Chapter 11 of the Illinois Administrative Code, or similar successor legislation.
D. Participants.
1. Each participant must be aged twenty-one or over and must wear a wristband signifying his or her participation in the tasting walk, for the duration of the tasting walk.
2. The sponsor must verify the age and identity of each participant prior to partaking in the tasting walk, and issue a wristband to each participant clearly indicating that said participant is over the age of twenty-one years.
3. There shall be a rebuttable presumption that any person bearing a wristband, who is found to be under the age of twenty-one, was issued that wristband by the sponsor. That a person was wearing a wristband shall not be an affirmative defense to any offense under this chapter or Chapter 608.
E. Conduct of tastings.
1. All tastings must be conducted, poured, and served by person(s) who either:
a. Holds a current BASSET certificate; or
b. Is a distributor or importing distributor conducting product sampling as authorized in Section 6-31 of this Act or a registered tasting representative, as provided in Section 100.40 of Chapter 11 of the Illinois Administrative Code.
2. Proof of each BASSET certification, if required, must be provided to the Liquor Commission's office at least fifteen business days prior to the tasting walk.
3. Each tasting shall consist of no greater than:
a. One ounce of hard cider or wine; or
b. Two ounces of beer.
4. No more than two tastings may be served to each participant in each location.
5. Each participant may be served no more than twelve tastings in total.
6. Tastings may only be served to qualified participants, bearing a validly issued wristband.
7. All tastings must be consumed inside the participating locations. No alcoholic liquors may be carried away from or consumed outside of any location, including but not limited to on any public right-of-way. Provided, however, that in the event that a Festival District has been declared pursuant to Section 806.22 of these Codified Ordinances, the restriction on removal of alcoholic liquor from a participating location shall not be prohibited so long as the sponsor ensures that all participating locations comply with the responsibilities of licensees under Sections 806.22(e)(2) and 806.22(e)(6).
8. Only alcoholic liquors purchased and distributed by the sponsor or tasting representatives of an authorized distributor may be served during the tasting walk.
9. Any remaining alcoholic liquor at the end of the tasting walk shall be collected by the sponsor and disposed of.
F. Other considerations.
1. A sponsor may sell tickets to partake in a tasting walk, but may only charge a single admittance fee and sell tickets for individual tastings or service.
2. The sponsor shall promptly clean up any and all trash and refuse accumulated by the tasting walk and its participants.
3. The sponsor or liquor sponsor shall submit a certificate of dram shop insurance/liquor liability insurance that names the City as an additional insured and shall cover the entire time and all participating locations of the tasting walk. To the fullest extent allowed by law, by its application for a license, the sponsor agrees to indemnify and hold harmless the City against any and all damages to any property or to any persons, and indemnifies and holds harmless the City from any and all claims of any kind or nature, including costs and attorneys' fees, in any way resulting from or arising out of the tasting walk.
(Ord. 2018-12. Passed 3-5-18; Ord. 2019-16. Passed 4-1-19; Ord. 2020-06. Passed 2-3-20; Ord. 2022-07. Passed 2-22-22.)