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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)
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)
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)
A. The licensee shall at all times be personally responsible for the proper operation of the business and the acts of his bartenders, waitresses, waiters and employees serving alcoholic liquor in the course of their employment, including the compliance with the provisions of this chapter and the observation of all laws and regulations applicable thereto. The licensee is charged with the duty of selecting bartenders, waiters, waitresses and employees to sell alcoholic liquor who will comply with all of the provisions of the liquor control act and the provisions of this chapter.
B. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punished in the same manner as if said act or omission had been done or omitted by him personally. (Ord. 16-O-12, 3-1-2016)
A. It shall be the duty of each licensee to fully comply with the provisions of this section and all aspects of all applicable tax laws, including, but not limited to, the retailers' occupation tax act 1 . It shall be the duty of each licensee to submit to the local liquor control commissioner evidence of such compliance, along with such authorizations as the local liquor control commissioner may be required to independently investigate and determine that the licensee is in compliance. Such evidence of compliance shall include copies of all returns submitted by the licensee evidencing tax compliance. In addition to other grounds specified in this chapter, the local liquor control commissioner may refuse the issuance or renewal of a retailer's license or suspend or revoke such license for any of the following violations of the retailers' occupation tax act:
1. Failure to make a tax return.
2. The filing of a fraudulent return.
3. Failure to pay all or any part of any tax or penalty finally determined to be due.
4. Failure to keep books or records.
5. Failure to secure and display a certificate or subcertificates of registration.
6. Wilful violation of any rule or regulation relating to the administration enforcement of tax liability.
B. It shall be the duty of each licensee to maintain in good working order a cash register for the purpose of maintaining a record of all sales at the premises. Further, it is specifically required that each transaction be recorded or registered by use of said register. Such recording or registration of each transaction shall be performed contemporaneously with the transaction and shall not be delayed or deferred. (Ord. 16-O-12, 3-1-2016)
Notes
1 | 1. 35 ILCS 120/1 et seq. See title 3, chapter 3 of this code. |
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