Loading...
(A) No minor shall misrepresent his or her age for the purpose of purchasing or otherwise obtaining alcoholic liquor in or from a licensed premises.
(B) For the purpose of preventing a violation of this section, any licensee or his or her agent or employee may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and for the fact that he or she is over the age of 21 years.
(1990 Code, § 3-37) (Ord. 84-940, passed 4-18-1984; Ord. 06-3149, passed 8-7-2006) Penalty, see § 113.999
Statutory reference:
Misrepresentation of age by persons under 21, see ILCS Ch. 235, Act 5, § 6-16
RETAIL ESTABLISHMENTS, LICENSE
(A) Applications submission.
(1) Issuance. All applicants for a new license shall submit to the City Clerk an application in accordance with § 113.037 of the municipal code with the required application fee.
(2) Renewal. Each applicant for a license renewal shall submit to the City Clerk an application provided by the city clerk updating any relevant information 30 days prior to expiration (including any grace period). No application fee is required, however if renewed, licensee must pay the annual fee for the applicable classification of license pursuant to this chapter. Nothing herein shall prohibit renewal of an untimely application otherwise meeting renewal requirements, nor require renewal of an otherwise complying untimely application.
(B) Disposition.
(1) Issuance. The City Clerk shall forward the application to officials for investigation and review, including but not limited to the police department, City Attorney, and local liquor control commissioner. Each official investigating and reviewing the application for issuance, shall submit an informal recommendation of approval, denial or approval with conditions to the local liquor control commissioner. Upon receiving recommendations from the required officials, and upon determination that nothing within the municipal code prohibits issuance of the license, the local liquor control commissioner shall grant the license or grant such license upon certain conditions. However, if the local liquor control commissioner determines based on review of the application and informal reports that the applicant is prohibited from having a license pursuant to the city code, the local liquor control commissioner shall deny such license and provide a written notice to the applicant stating the reasons for denial and opportunity for an administrative hearing to present evidence and have the decision reviewed.
(2) Renewal. The local liquor control commissioner shall review the renewal application for any updates that require further investigation and shall issue a renewal unless such renewal application identifies information prohibiting the issuance of a license pursuant to the municipal code or other reasons provided in this chapter. Upon denial of any renewal, the local liquor control commissioner shall provide a written notice to the applicant stating the reasons for denial and opportunity for an administrative hearing to present evidence and have the decision reviewed.
(C) Administrative hearing. Upon any denial of issuance or renewal of the license or denial of a proposed change of premises, the licensee may request an administrative hearing before the local liquor control commissioner to review such decision. Such hearing is a prerequisite to review by the State Liquor Commission. The hearing shall be open, and all interested parties shall have the right to speak and present evidence supporting or contesting the denial. After hearing all evidence, the local liquor control commissioner shall issue a final written order affirming the denial, reversing the denial or reversing the denial with conditions imposed and stating the reasons thereof to the applicant either in person or by certified mail.
(Ord. 16-3530, passed 11-7-2016)
It shall be unlawful for any person to sell, barter, transport, deliver or offer for sale at retail within the corporate limits of the city any alcoholic liquor without having a valid liquor license as required by this subchapter, or to make any sale in violation of the terms and conditions of §§ 113.020, 113.021, 113.035 through 113.051 and 113.065 through 113.080; provided, however, that no license shall be required of a drugstore or pharmacy for the purpose of dispensing alcoholic liquors which are used solely in the concoction or formulating of medicine prescribed by duly licensed physicians.
(1990 Code, § 3-56) (Ord. 84-940, passed 4-18-1984) Penalty, see § 113.999
The following classes of retail liquor dealer’s license are hereby established.
(A) Class A-l authorizes the retail sale of all types of alcoholic liquor for consumption either on or off the premises.
(1) Class A-2 authorizes the retail sale of all types of alcoholic liquor for consumption on the premises only as a secondary business to the business of video gaming. This license may be issued only to a business that operates primarily for the purpose of video gaming with at least 51% of its gross revenue derived from video gaming. Any applicant or licensee who receives at least 51% of their gross revenue from video gaming shall apply for a Class A-2 license for the license terms commencing May 1, 2016, and thereafter, and shall not be eligible to receive or renew a Class A-l license.
(2) Any Class A licensee for the current license term which receives at least 51% of its gross revenue from video gaming shall be converted to a Class A-2 license, if available.
(3) No Class A-2 license shall be issued for any location which is within 1,000 feet of any other Class A-2 licensed establishment.
(B) Class B authorizes the consumption of beer and wine only inside the licensed premises of a person or business entity operating as a public accommodation as defined herein. A Class B license shall be subject to the following definitions and conditions:
(1) PUBLIC ACCOMMODATION is defined as a facility or business establishment of any kind, whose goods, services, facilities, privileges or advantages are extended, offered, sold or otherwise made available to the public.
(2) BUSINESS PROPERTY is defined as the building out of and real property upon which the public accommodation operates.
(3) LICENSED PREMISES is defined as the area within a building for which a license authorizing the consumption of beer and wine is issued and which is actually used in connection with the consumption of beer and wine, but specifically excluding any outside areas such as patios, decks, open porches, roof tops, balconies, stoops, beer gardens and the like, sidewalks, yards, driveways, parking lots and similar outside areas.
(4) Except for licensees under this chapter, no person, including any business entity, operating as a public accommodation within the city, shall permit or allow any invitee to possess or consume alcoholic liquor on its business property.
(5) A public accommodation meeting the following business classification, as determined by the city, may apply for a Class B license:
(a) A ceramic arts hobby facility/ business establishment; and
(b) A painting arts hobby facility/ business establishment.
(6) Beer and wine may only be brought onto the licensed premises in its original package by either:
(a) A customer of the public accommodation for personal use; or
(b) By the person or entity who has rented the licensed premises to hold an event, gathering or other function, and the beer and wine is only provided to the person’s or entity’s invitees.
(7) No alcoholic beverages can be sold, offered for sale, gifted, given in return for any donation or any monetary contribution of any kind, or otherwise provided to invitees, by the licensee or its agents, on the licensed premises and business property.
(8) The possession or consumption of any alcoholic liquor on the licensed premises by any person under 21 years of age is prohibited.
(9) Consumption of beer and wine on the licensed premises may only occur between the hours of 6:00 a.m. and 12:00 a.m. on Monday through Thursday; between the hours of 6:00 a.m. on Friday and 1:00 a.m. on Saturday; between the hours of 6:00 a.m. on Saturday and 1:00 a.m. on Sunday; and between the hours of 12:00 p.m. and 12:00 a.m. on Sunday. The licensee shall not permit any invitee to remain at the licensed premises for longer than one-half hour after the aforementioned closing times.
(10) All licensees must obtain dram shop and/or host liquor liability insurance coverage, and must provide and submit proof of insurance when submitting the Class B License application.
(11) At all times when alcoholic beverages are being consumed on the premises there shall be present at least one agent or employee of the licensee who is the holder of a valid Beverage Alcohol Sellers and Servers Education and Training (BASSET) training certificate issued by a trainer certified by the State of Illinois Liquor Control Commission.
(C)
(1) Class C-1 authorizes the retail sale of all types of alcoholic liquor for consumption off the premises only.
(2) Class C-2 authorizes the retail sale of all types of alcoholic liquor on or off premises, subject to the following conditions:
(a) The licensed establishment shall have a minimum of 10,000 square feet dedicated to the retail sale of alcohol; and a separate space no less than 1,000 square feet where alcohol can be served for consumption.
(b) Such area where alcohol is served for consumption must be an enclosed permanent structure and allow seating for not less than ten people.
(c) No one under the age of 21 shall be permitted in the designated area for consumption.
(3) Class C-3 authorizes the retail sale of beer and wine only on or off premises, subject to the following conditions:
(a) Such license shall be issued to those establishments whose principal business is a grocery store. The term “grocery store” shall be limited to food markets, or combination food markets and department stores with more than 4,000 square feet of floor area.
(b) The licensed establishment must have a Category I High Risk Food Safety Permit issued from the Knox County Health Department.
(c) Such license shall not be issued to any location with active or dormant fuel pumps.
(d) No Class C-3 license holder shall be issued a video gaming terminal license by the city.
(D) Class D authorizes the retail sale of all types of alcoholic liquor by a restaurant for consumption on the premises only.
(E) Class F authorizes a club to make retail sales of all types of alcoholic liquor for consumption on the premises only.
(F) Class G; special event license authorizes a nonprofit organization to make retail sales of all types of alcoholic liquor during lawful hours for one day for consumption only on premises owned or leased by the organization and occupied by it during a special event sponsored by the organization.
(G) Class H authorizes the retail sale of all types of alcoholic liquor for consumption on the premises of any civic center authority, theatre, or any private or public state-chartered college or university.
(H) Class K authorizes the retail sale of all types of alcoholic liquor, for consumption either on or off the premises, subject to the following conditions:
(1) A minimum of 10% of the retail floor space of the premises shall be devoted to the sale of food and items other than alcohol; and
(2) The premises shall have seating for a minimum of 15 persons.
(I) Class L authorizes the retail sale of all types of alcoholic liquor for consumption on the premises of the municipal golf course only.
(J) Class M authorizes the retail sale of wine and beer for consumption on the premises only. A Class M license shall be subject to the following conditions:
(1) The retail sale of wine and beer authorized by the Class M license shall be allowed only at private or civic functions on the premises, which are not open to the general public, and at which the licensee provides food for consumption by those persons attending the function;
(2) The licensee shall file a notice with the City Clerk of the date, place and time when the license is to be utilized at least ten days prior to that use. A Class M license shall be effective only during that time. The notice shall be on a form provided by the office of the City Clerk, and shall include a diagram of the premises at which the license will be used; and
(3) Beer and wine may be served only by employees of the licensee.
(K) Class O authorizes the retail sale of all types of alcoholic liquor for consumption of the premises of Lake Storey Pavilion. A class O license shall be subject to the following conditions.
(1) The retail sale of all types of alcohol shall be allowed only at private or civic functions on the Lake Storey premises, which are not open to the general public and at which is provided food for consumption by those persons attending the functions.
(2) The licensee must possess a current State of Illinois liquor license.
(3) Application shall be made with the liquor commissioner no less than one month prior to the date when the Class O licenses shall be issued.
(4) Term. A class O license shall be issued for a period of 18 hours from 7:00 a.m. to 1:00 a.m. of the following day.
(5) The fee for a class O license shall be $100 for each day which the license is issued and shall be paid in full at the time the license is issued.
(1990 Code, § 3-57) (Ord. 84-940, passed 4-18-1984; Ord. 86-1124, passed 11-3-1986; Ord. 86-1132, passed 12-1-1986; Ord. 88-1233, passed 9-6-1988; Ord. 89-1274, passed 2-6-1989; Ord. 92-1483, passed 12-21-1992; Ord. 95-1618, passed 5-15-1995; Ord. 01-2014, passed 4-16-2001; Ord. 03-3019, passed 10-20-2003; Ord. 05-3093, passed 7-18-2005; Ord. 05-3112, passed 12-19-2005; Ord. 06-3132, passed 5-15-2006; Ord. 07-3174, passed 2-19-2007; Ord. 07-3175, passed 2-19-2007; Ord. 07-3176, passed 2-19-2007; Ord. 09-3259, passed 9-21-2009; Ord. 12-3362, passed 10-1-2012; Ord. 15-3482, passed 3-16-2015; Ord. 15-3495, passed 8-17-2015; Ord 15-3497, passed 9-21-2015; Ord. 16-3513, passed 6-6-2016; Ord. 21-3652, passed 10-18-2021; Ord. 22-3669, passed 5-2-2022; Ord. 22-3682, passed 10-3-2022)
(A) An application for license under this subchapter shall be made to the Local Liquor Control Commissioner, in writing; signed by the applicant if the applicant is an individual, or by at least two partners if the applicant is a partnership; or by the president and secretary if the applicant is a corporation; the application shall be verified by oath or affidavit, and shall contain the following information:
(1) The name, date of birth and address of the applicant; in case of a partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of the corporation is owned by one person or his or her nominee, the name and address of that person;
(2) The citizenship of the applicant, the place of his or her birth, and if a naturalized citizen, the time and place of his or her naturalization;
(3) The character of business of the applicant; and in case of a corporation, the objects for which it was formed;
(4) The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued;
(5) The amount of goods, wares and merchandise on hand at the time application is made;
(6) The location and description of the premises or place of business as well as a clear and specific description and diagram to scale of the area
on each floor which is to be operated under the license. All diagrams shall have a scale of one-quarter inch equals one foot. The premises may include an area outdoors provided the area is enclosed as provided for by this subchapter;
(7) A statement whether the applicant has made application for a similar or other license on premises other than described in this application, and the disposition of the application;
(8) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter, laws of this state or by any other ordinances of this city;
(9) Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor;
(10) A statement that the applicant will not violate any of the laws of the state or of the United States;
(11) The name, date of birth and address of the person designated as the manager;
(12) The name and address of the record landowner on which the licensed premises sits; and
(13) Proof that the applicant can secure a policy or policies of insurance issued by a responsible insurance company, and in a form acceptable to the Liquor Commissioner, insuring the licensed premises for “dram shop” liability. The policy or policies shall be in amounts not less than the following:
(a) Bodily injury, fatal or nonfatal, to any one person: $30,000, and to more than one person arising out of any one accident: $100,000;
(b) Injury to means of support of any one person: $30,000; and
(c) Injury to property of any person: $30,000.
(14) Each applicant, owner, and any person of a copartnership or corporation required to sign the application shall execute the following:
(a) A statement, authorizing a police background investigation to verify the information included in the application and releasing the city, its officers, agents and employees from any and all liability which may arise as a consequence thereof.
(b) A statement that he/she has never been convicted of a felony or description of the felony including date of conviction.
(c) A statement that he/she is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state, or by any other ordinance of the city.
(d) A statement that he/she has never been convicted of any misdemeanor or provide a conviction date and description of each misdemeanor conviction.
(e) A statement whether a previous license granted by any state or subdivision thereof, or by the federal government has been revoked or suspended, and the reasons therefor, and in the case of suspension the length of time.
(f) A statement that he/she will not violate any of the laws of the state, of the United States, or any city ordinance concerning the sale of liquor or the conduct of the place of the place of the business proposed to be licensed.
(15) In addition to the foregoing information, such application shall contain such other and further information as the local liquor commissioner may require by rule or regulation not inconsistent with the laws of this state.
(B) No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license, nor knowingly cause or suffer another to furnish or withhold such information on his behalf. Violation of this provision shall be grounds for refusing to issue such a license or for revoking any license so granted.
(C) The licensee must be actively engaged in the retail sale of alcohol within 90 days from the issuance of the liquor license from the city and must remain actively engaged within the licensed term or the license shall automatically expire. The Liquor Commissioner shall have the authority to extend the time for commencing the regular conduct of the business of the retail sale of alcohol for a period not to exceed six months.
(1990 Code, § 3-58) (Ord. 84-940, passed 4-18-1984; Ord. 88-1242, passed 11-7-1988; Ord. 88-1243, passed 11-7-1988; Ord. 16-3530, passed 11-7-2016; Ord. 17-3552, passed 6-19-2017)
No license shall be issued under the terms of this chapter to:
(A) An importing distributor, or distributor, except only for the premises in which he or she conducts his or her business as an importing distributor, or distributor, in which event only one license shall be issued;
(B) Any person, association or corporation that, for any reason, is not eligible for a state liquor dealer’s license;
(C) A person who fails to comply with § 113.037;
(D) Any person who is delinquent in the payment of any debt, fee or charge owed to the city;
(E) A person who refuses to cooperate in providing necessary information on the application, or to a person for whom the background check reveals information which would disqualify such person from receiving a license hereunder;
(F) Any partnership, unless any general partnership or limited partnership thereof owning in the aggregate more than 5% shall be qualified to obtain a license pursuant to this chapter;
(G) ny corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license pursuant to this chapter for any reason;
(H) A person who is not a person of good character and representation in the community in which such person resides;
(I) A person who has been convicted of a felony under any federal or state law, unless the local liquor control commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the local liquor control commissioner’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant. However, a criminal conviction of a corporation is not grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor; the offense that led to the conviction did not result in any financial gain to the corporation; and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation. The local liquor control commissioner shall determine if all provisions of this subsection have been met before any action on the corporation’s license is initiated;
(J) A person who has been convicted of being the keeper or is keeping a house of ill fame;
(K) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(L) A person whose license issued under this chapter has been revoked for cause;
(M) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor;
(N) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(O) A law enforcing public official, or member of the city council;
(P) An entity doing business in Illinois as a corporation without being incorporated in Illinois or qualified to do business in Illinois if a foreign corporation:
(Q) A person who has been convicted of gambling offense as proscribed by any of subsections (a)(3) through (a)(11) of section 28-1 of, or as proscribed by section 28-3 of, the “Criminal Code of 1961.” approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(R) A person that does not otherwise meet all requirements of applicable law for the issuance of a liquor license consistent with the Liquor Control Act, ILCS Ch. 235, Act 5 et seq.; or
(S) A corporation, unless that corporation has designated a local manager who would be eligible to receive a license under this chapter, and who is a resident of Knox County, or a county bordering Knox County.
(1990 Code, § 3-59) (Ord. 84-940, passed 4-18-1984; Ord. 88-1242, passed 11-7-1988; Ord. 94-1589, passed 8-1-1994; Ord. 16-3530, passed 11-7-2016)
Statutory reference:
Eligibility, see ILCS Ch. 235, Act 5, §§ 6-2, 6-11, 6-12 and 6-25
Loading...