The local liquor control commissioner shall have the right to grant local retail liquor dealers' licenses for the selling at retail of alcoholic liquor. Such licenses shall be divided into the following classes and none other:
A. Class A: Shall permit the sale of alcoholic liquor for consumption on the licensed premises where sold when the primary business conducted upon said licensed premises is that of a restaurant, banquet facility, or recreational entertainment establishment, including, but not limited to, a bowling alley, movie theater, or golf course.
1. There may be a common entrance for both a restaurant and banquet facility. Class A licenses shall be issued only to restaurants, banquet facilities, or recreational entertainment establishments that have dining facilities as stated.
2. At least fifty percent (50%) of the gross sales (in dollars) at the licensed premises must be derived from food sales or other retail sales (excluding all alcoholic beverage sales). Each licensee shall keep an accurate accounting of the dollar amount of sales derived from food sales, other retail sales and alcoholic beverage sales.
3. When any class A licensee has a golf course, the class A license also permits the sale of alcoholic liquor from one or more beverage carts, the clubhouse, and the consumption of alcoholic liquor on the golf course grounds. All alcoholic liquor served from a beverage cart shall be served in other than glass containers. The hours of operation for the beverage carts shall be the same as the hours of operation of the golf course.
4. The local liquor commissioner, in his sole discretion may permit the holder of a class A license to conduct wine sampling or tasting promotions upon the licensed premises. Such wine sampling or tasting promotions shall only be permitted if specifically authorized on the face of the class A license or otherwise approved in writing.
B. Class B: Shall permit the sale of original packaged alcoholic liquor, but not for consumption on the licensed premises where sold.
Notwithstanding the foregoing, the local liquor control commissioner, in his sole discretion, may permit the holder of a class B license to conduct alcoholic liquor sampling or tasting promotions upon the licensed premises; provided, that no charge shall be made therefor. Such alcoholic liquor sampling or tasting promotions shall only be permitted if specifically authorized on the face of the class B license. If no authorization for alcoholic liquor sampling or tasting promotions is specifically on the face of the class B license, such alcoholic liquor sampling or tasting promotions are prohibited.
C. Class C: Shall only be issued for special events and shall authorize the sale on the licensed premises specified of alcoholic liquor, for consumption on said licensed premises. A class C license shall not be issued for more than forty eight (48) hours' duration, except that by action of the corporate authorities, it may be extended so as to have a total duration of not more than one week. In addition to the usual requirements for applicants of liquor licenses in the village, whoever is approved by the local liquor control commissioner for a class C license must provide to the village, through the village clerk for approval by the local liquor control commissioner, an insurance policy saving the village harmless from any damage or injury sustained by anyone both as to personal injury and property damage in such amounts and companies as required by the local liquor control commissioner before any application for a class C license shall be approved by the said commissioner. Class C license applications must be filed with the village clerk at least fifteen (15) days prior to the special event in connection with which same is issued, unless the applicant seeks an extension beyond forty eight (48) hours, for which the class C license application must be filed with the village clerk at least forty five (45) days prior to the special event in connection with which same is issued.
D. Class D: Shall be issued for special events in or at any Village owned facility or any Village owned park, and shall authorize the retail sale on the licensed premises specified of alcoholic beverages for consumption on said licensed premises. A Class D license shall not be issued for more than forty eight (48) hours' duration, except that by action of the Corporate Authorities, it may be extended so as to have a total duration of not more than one week. In addition to the usual requirements for applicants of liquor licenses in the Village, whoever is approved by the Local Liquor Control Commissioner for a Class D license must provide to the Village, through the Village Clerk for approval by the Local Liquor Control Commissioner, an insurance policy saving the Village harmless from any damage or injury sustained by anyone both as to personal injury and property damage in such amounts and companies as required by the Local Liquor Control Commissioner before any application for a Class D license shall be approved by the Local Liquor Control Commissioner. Class D license applications must be filed with the Village Clerk at least fifteen (15) days prior to the special event in connection with which same is issued, unless the applicant seeks an extension beyond forty eight (48) hours, for which the Class D license application must be filed with the Village Clerk at least forty five (45) days prior to the special event in connection with which same is issued. (Ord. 1447-13, 4-15-2013)
E. Class E: Shall be only issued for the Village sponsored Concert in the Parks events and shall authorize the sale on the licensed premises specified of alcoholic liquor for consumption on said licensed premises. This license shall also allow for the sale of alcoholic liquor at any Village sponsored event on Village park property, subject to approval by the Chief Operating Officer. A Class E license shall be issued for the continuous months of June through September per calendar year, except at the discretion of the Local Liquor Control Commissioner, it may be extended. In addition to the usual requirements for applicants of liquor licenses in the Village, whoever is approved by the Local Liquor Control Commissioner for a Class E license must provide to the Village in addition to all other required documents, through the Village Clerk for approval by the Local Liquor Control Commissioner, an insurance policy saving and holding the Village harmless from any damage or injury sustained by anyone both as to personal injury and property damage in such amounts and companies as required by the Local Liquor Control Commissioner before any application for a Class E license shall be approved by the Local Liquor Control Commissioner. Class E license applications must be filed with the Village Clerk at least thirty (30) days prior to the commencement of the annual Village sponsored Concerts in the Park in connection with which same is issued.
F. Class F: Shall permit the retail sale, at a bar or table, of the beer and ale manufactured on the premises where sold, and other alcoholic liquor not manufactured on the premises, when the primary business conducted upon said licensed premises is that of a brewpub. The licensee is authorized to produce less than thirty thousand (30,000) barrels of beer or ale per license year in compliance with State and Federal licenses authorizing the production, storage and distribution of an alcoholic beverage.
1. The sale of beer and ale dispensed into growlers for consumption off premises shall be allowed, provided the growlers are properly sealed for transport in compliance with State law.
2. As part of a brewpub tour, the consumption of up to four (4) samples, which do not exceed four (4) fluid ounces per sample of the beer and ale produced on the premises, may be provided without charge.
3. The sale of beer or ale produced on premises and dispensed into kegs for consumption off premises shall be allowed provided the kegs are sold in accordance with section 3-3-26 of this chapter.
G. Class G: Shall permit the retail sale of alcoholic liquor for consumption on the licensed premises. Said premises shall have a full service bar thereon.
H. Class "VG" License (Video gaming) shall authorize video gaming on premise.
1. Only those establishments holding a Class A (restaurant, banquet facility, recreational entertainment such as bowling alley, movie theatre or golf course), a Class F (retail sale at a bar or table of beer and ale manufactured on the premises where sold - brewpub), or a Class G (full-service bar) liquor license may apply for the Class VG license.
2. Holders of a Class "VG" license may conduct video gaming on premise in accordance with the following conditions:
a. The establishment must have a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., and shall comply with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board.
b. The operation of video gaming terminals shall only be permitted during the hours that alcoholic liquor sales are permitted pursuant to the underlying Class A, F or Class G liquor license.
c. All video gaming terminals must be located in an area restricted to persons over twenty-one (21) years of age. For all licensed video gaming locations that restrict admittance to patrons twenty-one (21) years of age or older, a separate restricted area is not required. Any licensed video gaming location that allows minors to enter where video gaming terminals are located shall separate any video gaming terminals from the area accessible by minors. In those licensed video gaming locations where separation from minors under twenty-one (21) is required, a physical barrier to the gaming area is required, which may consist of a short partition, gate or rope or other means of separation. No barrier shall visually obscure the entrance to the gaming area from an employee of the licensed video gaming location who is over the age of twenty-one (21).
d. The total number of video gaming terminals located in the establishment shall not exceed six (6);
e. No video gaming signage or advertising of any type or size, including but not limited to, posters, paper signage, fliers, neon signage, banners, video or audio feed, or any other form of advertisement, shall be allowed on the exterior of, outside of, or on the inside of such licensed establishment if such signage is visible in any way from the outside, including but not limited to, visibility from the street, alley or public right of way within the Village;
f. Video Gaming is prohibited in any establishment located within one hundred (100) feet of any school or place of worship as defined under the Illinois Video Gaming Act 230 ILCS 40/1 et seq., and the Regulations promulgated thereunder;
4. Video Gaming Cafes prohibited. A Video Gaming Café shall not be qualified to obtain any existing classification of Hawthorn Woods Liquor Licenses and is prohibited from becoming a Licensed Video Gaming Location within the Village. Further, no such license allowing Video Gaming Cafés shall be created, maintained or authorized by this Chapter.
a. Video Gaming Cafes are defined as an establishment whose primary or major focus is video gaming and the service of alcohol and food is incidental to the operation of video gaming. The following factors may be considered when determining if the establishment is a video gaming cafe:
b. Does not meet the definition of “restaurant” as defined in Section 9-2-2 of the Zoning Ordinance;
c. An expected revenue to be at least 85% of its gross revenue on an annual basis exclusively from video gaming activities, which can be certified by request from the Village for pertinent business records to verify the certification included but not limited to financial statements, business financial reports, State of Illinois tax information, or any other record deemed acceptable by the Village. (Ord. 1447-13, 4-15-2013; amd. Ord. 1847-18, 4-23-2018; Ord. 2036-20, 7-27-2020; Ord. 2115-21, 8-9-2021)