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4-1-13: CHANGE OF OWNERSHIP:
   A.   A change in ownership requiring the payment of a license fee for the first year of operation shall be required whenever any license is assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. In addition, no license or permit may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered unless prior approval of the local liquor control commissioner is given pursuant to the provisions of this chapter. The following transactions are hereby declared to be exempted:
      1.   An assignment, sale, loan, transfer, or change in partners of or to an immediate family member; or if a corporation, a change in any officer, manager, or director of the corporation, or change of any stockholder of the corporation to an immediate family member. As used herein "an immediate family member" is defined as a spouse or child; or
      2.   A change in partners wherein one or more partners withdraw and existing partners increase their ownership; or
      3.   A stockholder or stockholders increasing their ownership of stock by obtaining the stock of a current stockholder or stockholders.
   B.   All corporations, partnerships, copartnerships, limited liability companies, or other nonnatural persons licensed by the city must report to the local liquor control commissioner and receive prior approval of all internal changes in the corporation, partnership, copartnership, limited liability company or other nonnatural person pertaining to change of name, officers, directors, managers, and stockholders (regardless of the percentage of interest therein). Such notification shall include the name, home address, sex, date of birth, social security number, position and percentage of ownership (if any) not previously reputed or disclosed. In the event that the ownership of the licensee corporation, partnership, copartnership, limited liability company or other nonnatural person licensed by the commission is by another or other such corporations, partnerships, copartnerships, limited liability companies, or other nonnatural persons, such licensee must report the name, home address, sex, date of birth, social security number, position and percentage of ownership (if any) of any individual holding any ownership interest in the corporation, partnership, copartnership, limited liability company or other nonnatural person. Such disclosure shall also apply to all limited partnerships, including both the general and limited partners. No such internal changes shall be permitted until such reporting is made, and approval granted, in writing, by the local liquor control commissioner. (Ord. 16-O-12, 3-1-2016)
4-1-14: POSTING LICENSE REQUIRED:
Every licensee shall cause his license issued under the provisions of this chapter to be framed and hung in plain view, in a conspicuous place in the licensed premises. (Ord. 16-O-12, 3-1-2016)
4-1-15: RESERVED:
(Ord. 16-O-12, 3-1-2016)
4-1-16: SAFETY AND SANITARY REGULATIONS:
No premises shall be licensed for the sale of alcoholic liquor at retail, nor shall any licensee sell alcoholic liquor at retail, unless the premises conform with the following regulations:
   A.   Light: All rooms shall be adequately lighted so that all parts of the premises may be inspected readily.
   B.   Construction: The walls and ceilings shall be of a smooth, hard material and shall be kept clean and sanitary and in good repair.
   C.   Rubbish: The premises shall be kept free from the accumulation of rubbish, garbage or any other decomposing or odorous substances.
   D.   Glasses: All drinking glasses shall be thoroughly cleaned and effectively subjected to any approved bactericidal process after each usage. Drying cloths shall be clean and shall be used for no other purpose.
   E.   Compliance With Public Health Directives And Executive Orders: All licensed premises shall comply with any and all applicable health and safety rules or regulations issued by a local or state department of health, or by executive order of the Illinois Governor, or by executive order of the Mayor, including but not limited to requiring customers on the licensed premises to comply with such rules or regulations. (Ord. 16-O-12, 3-1-2016; amd. Ord. 20-O-18, 8-18-2020)
4-1-17: EMPLOYEES:
   A.   Medical Examinations Required: It shall be unlawful for any person to be employed in or about the premises used for retail sale of alcoholic liquor or for such person to serve alcoholic liquor unless the owner of such place of business shall have in his possession a certificate of a duly licensed physician under the laws of the state of Illinois certifying that such person is not afflicted with or a carrier of any contagious, infectious or sexually transmitted disease. Such certificate shall be obtained within thirty (30) days after May 1 of each year by every person serving or intending to serve alcoholic liquor. In the event of employment subsequent to that time, such certificate shall be obtained no later than three (3) days after the beginning of such employment.
   B.   Age: It shall be unlawful for any licensee to engage or employ or permit any person to serve or dispense alcoholic liquor upon licensed premises who is under the age of twenty one (21) years. (Ord. 16-O-12, 3-1-2016)
4-1-18: DUTIES AND RESTRICTIONS OF LICENSEE AND EMPLOYEES:
   A.   Identification Check:
      1.   It shall be the duty of every licensee, bartender, waiter, waitress or any other employee of a licensee to determine whether or not a person is prohibited by reason of age by any law or ordinance from:
         a.   Possessing or purchasing or otherwise obtaining, receiving or consuming alcoholic liquor; or
         b.   Sitting or standing at a bar in any licensed premises or loitering therein; or
         c.   Entering or remaining in any premises to which a class E liquor license has been issued.
      2.   The age shall only be ascertained from a valid driver's license, Illinois identification card, military identification card, or other identification card issued by federal, state or local government agency. In the event the identification was not issued by an agency of the state of Illinois, the licensee shall institute any other procedures which are necessary to ensure that the person is of appropriate age, which procedure, at a minimum, shall include the presentation of a second identification card.
   B.   Aid Police: It shall be the duty of every person in premises licensed under this chapter, when called upon by the chief of police or by any other member of the department, to assist him in the execution of his police duties in the premises or public ways adjacent thereto.
   C.   Conduct Of Patrons: It shall be the duty of every person in a premises licensed under this chapter to refrain from loud and boisterous noises and from the use of profane language. Anyone who violates this duty shall not be permitted to remain in the premises and shall promptly leave when requested. Anyone who violates the provisions of this subsection shall be deemed guilty of disorderly conduct.
   D.   Notices Posted: It shall be the duty of every licensee to permanently post in a prominently visible place at all entrances and exits of the premises a notice to all persons regarding various laws pertaining to entry upon the licensed premises or to the possession or consumption of alcoholic beverages. Said notices for posting may be provided by the chief of police or local liquor control commissioner.
   E.   Report Various Incidents: It shall be the duty of every licensee, bartender, waiter, waitress, or any other employee of any licensee under this chapter to report to the police department any and all incidents of disorderly conduct or of any and all criminal violations or violations of this chapter which take place within or upon the premises for which a liquor license has been issued pursuant to this chapter immediately upon observance or notification of same. The licensee, bartender, waiter, waitress, or other employee shall identify himself to the police department and state the nature of the incident. Failure to report to the police department as provided herein shall be a violation of this chapter.
   F.   Gambling And Narcotics Violations: It shall be unlawful for a licensee under this chapter to permit, or to fail to prevent when reasonably apparent, any gambling as defined in 720 Illinois Compiled Statutes. It shall be unlawful for a licensee to permit, fail to prevent and fail to notify the police department when reasonably apparent of any use or sale of a narcotic or controlled substance as defined in 720 Illinois Compiled Statutes. It shall be unlawful for a licensee to permit or fail to prevent any other violations of state law or ordinances of the city occurring in or upon the licensed premises.
   G.   Compliance With Ordinances: It shall be the duty of every licensee, bartender, waiter, waitress, or any other employee of any licensee under this chapter to comply in all respects with any and all ordinances then in effect in the city, and all other applicable governmental regulations. (Ord. 16-O-12, 3-1-2016)
4-1-19: PROHIBITED ENTRY, SALES, POSSESSION, CONSUMPTION AND ACTIVITIES:
   A.   No person to whom the sale, possession or consumption of alcoholic liquor is prohibited by reason of age by any law or ordinance may sit or stand at a bar in any licensed premises or loiter therein.
   B.   It shall be unlawful for any person to misrepresent his age for the purpose of purchasing, obtaining, possessing or consuming alcoholic liquor. It shall be unlawful for any person to whom the sale, possession or consumption of alcoholic liquor is prohibited by reason of age by law or ordinance to attempt to purchase, obtain, possess, or drink alcoholic liquor in any licensed premises.
   C.   No person to whom the sale, possession or consumption of alcoholic liquor is prohibited by reason of age by any law or ordinance shall enter or remain within any premises to which a class E liquor license has been issued, unless said person, at all times, is accompanied by a parent or legal guardian to whom the said possession or consumption of alcoholic liquor is not prohibited by reason of age by any law or ordinance.
   D.   The possession and dispensing or consumption by a person under twenty one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under twenty one (21) years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home, is not prohibited by this section.
   E.   No person shall possess any alcoholic liquor in or upon a public way, other public place, public place of business, restaurant, or store within the city, unless the alcoholic liquor is in its original container with the seal unbroken, or unless the possession is on the premises of an establishment with an appropriate liquor license. For the purpose of this subsection, a public way or other public place shall include, but is not limited to, any street, highway, alley, sidewalk, public parking lot, public area or public park. Notwithstanding the above, the provisions of this subsection shall not apply to the designated premises for which a special event license has been issued; or block parties for which the city clerk has issued a permit.
   F.   No owner, manager or employee of a public place of business, restaurant, or store within the city shall allow any person to possess any alcoholic liquor in or upon the public place of business, restaurant, or store, unless the alcoholic liquor is in its original container with the seal unbroken, or unless the possession is on the premises of an establishment holding an appropriate liquor license.
   G.   No licensee or bartender, waitress, waiter or employee of such licensee, or other person in a licensed premises, shall allow any person to possess or have on or about his person on any street, highway, alley, sidewalk, or parking lot under the control of the licensee any alcoholic liquor except in the original package and with the seal unbroken.
   H.   It shall be unlawful for any person to solicit drinks or to make any other solicitation in a licensed premises. (Ord. 16-O-12, 3-1-2016)
4-1-20: PACKAGING RESTRICTIONS:
As used in this chapter, the phrase "in the original package as the manufacturer intended for sale" shall be strictly construed to prohibit any licensee from altering the packaging of any items of alcoholic liquor in any form inconsistent with the manufacturer's packaging as was intended for resale at the retail level. The licensee shall be prohibited from removing any packaging which creates a unit which was intended for resale at the retail level (i.e., a single can of beer from a 6-pack). The sale or display of any item not permitted under the provisions of this chapter shall be deemed a violation of this chapter. (Ord. 16-O-12, 3-1-2016)
4-1-21: IMPROPER CONDUCT:
   A.   The following kinds of conduct, whether actual or simulated, are prohibited in the city within or upon any premises licensed to sell alcoholic liquor:
      1.   Any act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, or flagellation; or
      2.   Any sexual act prohibited by law; or
      3.   Any touching, caressing or fondling of or on any person's breast, buttocks, anus or genitals; or
      4.   Any exposure to public view or public display of any part of any person's pubic hair, anus, or genitals; or any exposure to public view or public display of any part of the female breast below the top of the areola which is not covered by a fully opaque covering or clothing; or
      5.   Any entertainment or activity which involves the wetting of the upper torso of a female or pelvic area of a male or female; or
      6.   The display of any film, video, electronic reproduction, or picture depicting any act prohibited by subsections A1 through A5 of this section; or
      7.   Wrestling, mud wrestling, live fashion shows of lingerie or swimwear or any sexually suggestive clothing or items; any displays or live shows of lingerie or swimwear or any sexually suggestive clothing or items; wet T-shirt contests; any "ladies night" promotion or performances advertised or limited to audiences of one sex; and all other similar events of a like nature; or
      8.   Competitions, displays, exhibitions or the like of any type for which prizes are awarded or given, unless a permit therefor has first been issued by the local liquor control commissioner; however, notwithstanding the above, no permit shall be required for bowling leagues or bowling competitions, displays or exhibitions for which prizes are awarded or given; or
      9.   Any adult uses, including any of the following:
         a.   Sale, loaning or providing any books, magazines, or films on premises by use of motion picture, video or other devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to any sexual activities prohibited in this section, or any specified anatomical areas prohibited in this section; or
         b.   The presentation of any material having as a dominant theme material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities prohibited in this section, or any specified anatomical areas prohibited in this section; or
         c.   Topless dancers, strippers, male or female impersonators, any entertainers who display any specified anatomical areas prohibited in this section or entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of any patron or person present or entertainers who engage in, or engage in explicit simulation of, any sexual activities prohibited in this section; or
      10.   The permitting by any licensee, or any employee, officer, director or agent of any licensee, of any person to remain within or upon a licensed premises when such person is in violation of any of the provisions of this section.
   B.   Such conduct shall be prohibited if the establishment is open for business or has patrons present, and:
      1.   The conduct is sponsored, promoted or in any way facilitated by the licensed premises or any of its employees, officers, directors or agents; or
      2.   The conduct takes place in any way such that it may reasonably be expected to be viewed by others.
   C.   1. Application for a permit for an event in which a permit is required when a prize or prizes are awarded shall be made by filing a detailed description of the event and all prizes, together with all relevant details, with the local liquor control commissioner.
      2.   The application shall be accompanied with a twenty five dollar ($25.00) filing fee and shall be filed at least thirty (30) days prior to the date a determination is desired.
      3.   The application shall be supplemented with all reasonable additional information as may be requested from time to time by the local liquor control commissioner.
      4.   In the event that the local liquor control commissioner denies the application, the applicant may appeal the same to the Illinois state liquor control commission. (Ord. 16-O-12, 3-1-2016)
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