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(A) No licensee nor any agent or employee of the licensee shall sell, offer, give or deliver any alcoholic liquor outside of the licensed premises or in any room, premises, street, alley or place whatsoever adjacent thereto.
(B) A licensed retailer that is authorized to conduct retail sales of alcoholic liquor for consumption off the premises may deliver alcoholic liquor to a purchaser, subject to the following restrictions:
(1) Delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery.
(2) Delivery shall be made through the following methods:
(a) Delivery within the licensed retailer’s parking lot, including curbside, for pickup by the consumer;
(b) Delivery by an owner, officer, director, shareholder, or employee of the licensed retailer; or
(c) Delivery by a third party contractor, independent contractor, or agent with whom the licensed retailer has contracted to make deliveries of alcoholic liquors.
(3) Delivery under this subsection shall not be authorized through the use of a common carrier.
(1990 Code, § 3-97) (Ord. 84-940, passed 4-18-1984; Ord. 22-3662, passed 2-21-2022) Penalty, see §
113.999
(A) Employment of a minor. No licensee nor agent or employee of the licensee shall allow any minor to be employed in any manner related to the tending of bar, or the drawing, pouring, mixing, serving or selling of alcoholic liquor in any licensed premises. The foregoing shall not prohibit a restaurant, or licensed premises with more than 50% of its average gross monthly sales from food from employing minors as a waiter or waitress. No minor shall perform any delivery of alcoholic liquor outside of the licensed premises.
(B) Minor prohibited on licensed premises. No licensee nor agent or employee of the licensee shall suffer or permit any person under the age of 21 years of age to remain in any room on the licensed premises where alcoholic liquor is permitted to be drawn, poured, mixed or otherwise served for consumption on the premises, provided, however, that the foregoing prohibition shall not be applicable to any room of the licensed premises used as a restaurant or where alcoholic liquor is not the principal business carried on in said room.
(C) Allowing minors to frequent. No licensee nor agent nor employee of the licensee shall permit or allow a minor to frequent, loiter or remain at or near a bar in any licensed premises.
(1990 Code, § 3-98) (Ord. 84-940, passed 4-18-1984; Ord. 16-3530, passed 11-7-2016; Ord. 22-3662, passed 2-21-2022) Penalty, see §
113.999
(A) In general. No person holding a retail liquor dealer’s license shall allow or permit any drunken or intoxicated person to be or remain upon the licensed premises or any adjacent room to or connected therewith. No loud, obscene or boisterous talking or lewd touching or disorderly conduct shall be permitted upon the licensed premises.
(B) Nudity prohibited. No licensee under §§ 113.020, 113.021, 113.035 through 113.051 and 113.065 through 113.080, nor any agent or employee of the licensee, shall appear, be present or perform while nude upon the licensed premises, nor shall any licensee or any agent or employee of the licensee allow or permit any other person on the licensed premises to appear, be present or perform while nude upon the licensed premises.
(C) Specified sexual activities prohibited. No licensee under §§ 113.020, 113.021, 113.035 through 113.051 and 113.065 through 113.080, nor any agent or employee of the licensee, shall conduct or perform any specified sexual activity upon the licensed premises, nor shall any licensee, or any agent or employee of the licensee, allow or permit any other person to conduct or perform any specified sexual activity upon the licensed premises.
(1990 Code, § 3-99) (Ord. 84-940, passed 4-18-1984; Ord. 98-1864, passed 11-18-1998) Penalty, see § 113.999
No person holding a retail liquor dealer’s license shall authorize or permit any contest or play at or with cards, dice, pool or billiards, or any other object or articles which is or are being used for gambling purposes, in the licensed premises or any part thereof unless he or she holds a state gambling license.
(1990 Code, § 3-100) (Ord. 84-940, passed 4-18-1984) Penalty, see § 113.999
No person, excluding police officers, shall carry, possess, conceal or display any firearm, knife or other deadly weapon within any licensed premises.
(1990 Code, § 3-101) (Ord. 84-940, passed 4-18-1984; Ord. 88-1258, passed 11-21-1988) Penalty, see § 113.999
No licensee, nor agent nor employee of the licensee, shall permit or allow any person to smoke, as defined in the Smoke Free Illinois Act (ILCS Ch. 410, Act 82, §§ 1 et seq.):
(A) In, on or about any portion of any building comprising a part of the licensed premises in violation of § 130.126 of this municipal code; or
(B) In outdoor portions of the licensed premises, within 15 feet of the entrance to the building portion of the licensed premises.
(Ord. 10-3287, passed 5-3-2010; Ord. 10-3298, passed 6-21-2010)
(A) Definitions. Fo r the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) APPROVED LOCATION. Special event locations must be approved by the City Manager.
(2) CLASS P SPECIAL EVENT LICENSE. A city license issued to an event organizer issued for a specific term as set forth below.
(3) MERCHANTS’ ASSOCIATION. A group of three or more businesses located within a two-block area with the purpose of promoting tourism or community gathering, with at least one member of the association holding a current liquor license.
(4) ORGANIZER. The civic, service, charitable, not-for-profit, or merchants’ association responsible for hosting, organizing, managing, and monitoring the event.
(5) SPECIAL EVENT. An event, outing, festival, celebration or other such special occasion for consumption of alcoholic beverages on premises or within an area specifically designated as a Class P license.
(B) License Required. No person shall operate a special event serving alcoholic beverages on any portion of the city’s property without a valid Class P Special Event License to do so issued by the City Clerk. A Class P Special Event License may only be issued to an organizer.
(C) License. The City Clerk shall issue a license to an organizer if the organizer meets the requirements of this section and § 113.038 of this chapter. The organizer shall complete an application on a form approved by the City Clerk. The organizer shall, at a minimum, provide the following information:
(1) The organizer’s name and address. If the organizer is a corporation, the organizer shall identify a manager and state the name and address of its manager;
(2) Attach a copy of its plan of operation as provided for in division (G) below;
(3) Certify that the special events license is located in an approved location;
(4) Provide evidence of the event manager’s completion of a BASSET certified training program; and
(5) Provide evidence of insurance insuring the organizer against liability arising out of the operation of the organizer’s special event in amounts of at least $500,000 for the injury or death of one person, $1,000,000 for the injury or death of two or more persons and $50,000 for damage to property. The city shall be named as an additional insured in the policy providing the insurance, and the policy shall further provide that it may not be canceled except upon ten days’ written notice filed with the City Clerk.
(6) The application shall be made with the City Clerk not less than 30 days prior to the date of the event.
(D) Term. A Class P Special Event license shall be issued for a specific date, and shall be valid only during the hours shown on the license, which hours shall be subject to the approval of the City Manager. In no event shall the hours exceed 7:00 a.m. to 12:00 midnight.
(E) Fee.
(1) A non-refundable application fee of $100 to recover the cost of processing the application shall be paid to the City Clerk by an organizer which is a Merchants’ Association.
(2) A non-refundable application fee of $100 to recover the cost of processing the application shall be paid to the City Clerk by an organizer which is not a Merchants’ Association. The organizer then must pay a non-refundable license fee of $250 once said license is approved by the City Manager, prior to the issuance of the license.
(F) Inspection; Records.
(1) The city reserves the right to inspect all licensed premises at any time.
(2) Every holder of a Class P Special Event license shall keep complete and accurate records, including a daily sheet showing receipts from the sale of alcoholic liquor.
(G) Plan of Operation. Each organizer shall provide a copy of its plan of operation to the City Clerk. The plan of operation shall provide, at a minimum, the following:
(1) A dimensional plan drawn to scale and done in a professional manner showing the special events area and all public improvements (sidewalks, light posts, benches, planters, trees and tree grates) in the immediate area, and showing the location and approximate size of all proposed signs and banners advertising alcoholic beverages;
(2) The location of the entrances and exits of the special event, which shall include the organizer’s proposal to provide secure access to the event;
(3) The location of all trash receptacles for the special event; and
(4) The location of any portable toilets for the special event, if deemed necessary.
(H) Restrictions.
(1) The organizer shall conduct the special event in a safe manner.
(2) The organizer shall:
(a) Operate the special event in accordance with the plan of operation filed with and approved by the city.
(b) The City Manager or Manager’s designee may consider the following characteristics of the event as proposed to determine whether to request a meeting with the organizer ahead of the event and whether to recommend the imposition of additional security measures as a condition of the license, which additional security measures may include compliance with § 113.039(D) of the city alcoholic liquor ordinance:
1. The size of the event;
2. The duration of the event;
3. The number of persons that can reasonably be expected to attend the event;
4. The event’s proximity to residential areas;
5. The event’s proximity to public streets or other public rights-of-way;
6. Whether entertainment will be provided;
7. The Police Department’s or other municipalities’ experience with similar events in the past; and
8. Any other characteristics of the event as proposed that could reasonably be expected to adversely affect the public health, safety and welfare in the absence of security measures.
If the City Manager or Managers’ designee deems additional security measures are required the organizer shall pay to the city an amount equal to the prevailing overtime wages which the city is required to pay to any on-duty city police officers required in the discretion of the City Manager or Manager’s designee to provide such additional security.
(3) The following items are additional requirements with which the organizer must comply.
(a) All merchants intending to sell, serve or otherwise distribute alcoholic beverages must be listed on the application.
(b) Only merchants with a current liquor license are allowed to sell, serve, or otherwise distribute alcohol at any time during the event.
(c) Organizers are required to have checkpoints at all entrances and exits from the event. The checkpoints are required to:
1. Be occupied by at least one volunteer;
2. Have a trash receptacle; and
3. Have a free standing sign stating, ‘No alcohol past this point,’ not smaller than four feet high and four feet wide.
(d) Organizers are required to check I.D.s of patrons appearing to be minors.
(e) Banners and large signs displaying or advertising alcoholic beverages are not allowed unless specifically approved by the City Manager. Menu signs of reasonable size may be placed in close proximity of alcohol purchasing locations.
(4) The organizer is required to purchase wrist bands for all attendees that are 21 years of age or older. Wristbands must contain adhesive and be one time use only. Wristbands shall not be transferable to other persons.
(5) All drink containers must be made from a non-breakable material including plastic cups and/or aluminum cans. Glass bottles shall not be sold during the event. If a beverage can only be purchased in a glass bottle it must be poured into a plastic cup. The glass bottle must be disposed of by the organizer’s staff. At no time may a special event worker hand a consumer a glass container.
(6) BASSET Training. The organizer must have been trained via a State of Illinois approved BASSET training program. There must be at least one person on site at all times that is BASSET certified. If the organizer will not be on-site for the entire duration of the special event the organizer must provide names of the additional qualified members on the application.
(7) Reservation of rights. The city reserves the right to require any special event to cease part or all of its operation in order to allow for construction, maintenance or repair of any street, sidewalk utility, or public building by the city, its agents or employees, or by any other governmental entity or public utility; to allow for the use of the street or sidewalk in connection with parades, civic festivals and other events of temporary nature as licensed by the city; and to remedy a public nuisance or to protect the public health, safety, or welfare.
(8) (a) The organizer shall at all times comply with the requirements of the ordinances of the city and the laws of the state while engaged in the operation of the special event, including specifically but not limited to any law, regulation or ordinance pertaining to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances.
(b) The organizer shall not include materially false or misleading information on its application.
(c) The organizer shall at all times operate the special event so that it does not create a public nuisance or a hazard to the public health, safety or welfare.
(I) Clean Up.
(1) The organizer shall, within 120 minutes after the ending time of the event, remove all refuse, litter debris, garbage and the like from the property used for the event abutting or in any public right-of-way.
(2) In the event that an organizer does not remove all refuse, litter, debris, garbage and the like in the 120-minute period, the city may remove all refuse, litter, debris, garbage and the like from the property used for the event and bill the organizer for the costs of removal.
(3) Any organizer that does not properly clean up the site will not be allowed to reapply for a special events license of any type for a period of three years.
(J) Appeal.
(1) In the event an organizer violates any provision of the special event license requirements contained herein, the City Clerk shall provide written notice to the organizer of the violation, and that the organizer shall not be eligible to apply for another special event license for a period of three years. Said notice shall be mailed to the organizer’s address as shown on its application.
(2) Within seven days of the date of the mailing of the notice referred to above, the organizer may file with the Clerk a written request for a hearing before the local liquor commissioner. In that event, a hearing shall be scheduled and held no later that 45 days after the request for hearing was filed. For purposes of the hearing, the following shall apply.
(a) All interested persons will be given a reasonable opportunity to be heard.
(b) The formal rules of evidence shall not apply. Hearsay testimony will be admissible.
(c) The organizer may present evidence and cross-examine the witnesses.
(3) The decision by the local liquor commissioner shall be final, subject to the right to appeal the decision to a court of competent jurisdiction pursuant to Illinois law.
(Ord. 14-3462, passed 10-20-2014; Ord. 19-3599, passed 12-2-2019)
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