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Kewanee Overview
Kewanee, IL Code of Ordinances
CITY OF KEWANEE, ILLINOIS CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 111: ALCOHOLIC LIQUOR
Section
General Provisions
   111.01   Title
   111.02   Definitions
Licensing Provisions
   111.15   Compliance with requirements
   111.16   License required
   111.17   Application for license
   111.18   Classification of licenses; fees and hours of sale
   111.19   Issuance of license when certain requirements are met
   111.20   Approval of applicant; revocation of license
   111.21   Renewal or transfer of licenses
   111.22   Separate license required for each location
   111.23   Display of license
   111.24   Entitlement of license restricted
   111.25   Number of licenses permitted
   111.26   Condition of license as permit
   111.27   [Reserved.]
   111.28   Where license revoked for cause
   111.29   Special licenses; restrictions
   111.30   License Class H-1 and H-2 public event licenses; restrictions
Sale of Alcoholic Liquor Regulated
   111.40   Location of retail place of business restricted
   111.41   Sale of alcoholic liquor upon premises having access to other private or public areas
   111.42   Certain buildings prohibited from selling or furnishing alcoholic liquor
   111.43   View into interior of premises to remain clear; lights
   111.44   Premises to be kept in sanitary condition
   111.45   Conditions of employment
   111.46   Sale of alcoholic liquor to certain persons; possession or consumption; remaining on premises prohibited
   111.47   Permitting sale in home or apartment
   111.48   Restricting advertisement of premises
   111.49   Unlawful use of premises prohibited
   111.50   Gambling
   111.51   Entertainment and playing music restricted
   111.52   Extension of credit prohibited; exception
   111.53   Curb service prohibited
   111.54   Hours of operation
Administration and Enforcement
   111.65   Duties of Police Department
   111.66   Complaints by citizens
   111.67   Right of entry for purposes of inspection
   111.68   Emergency closing
   111.69   Appeals from decision of local Liquor Control Commissioner
GENERAL PROVISIONS
§ 111.01 TITLE.
   This chapter shall be known an entitled as the “Sale of Alcoholic Liquor Within the City Regulations.”
('71 Code, § 4-17-1)
§ 111.02 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and include synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
   ALCOHOLIC LIQUOR. The four varieties of liquor as herein defined, namely: Alcohol, spirits, wine and beer.
   BEER. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
   BOTTLED BEER. Beer which is bottled at the brewery and sold by the retailer without ever having been removed from the original bottle in which it was so acquired.
   BOWLING ALLEY. Every establishment or building, or part of an establishment or building, as the case may be, wherein the game of bowling, played with composition balls and ten wooden pins, is played.
   CLUB. A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building, or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests.
   DRAUGHT BEER. Beer that is acquired by the retailer in kegs and all other beer excepting that included in the term BOTTLED BEER as defined in this section.
   HOTEL. Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
   LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor of the city, who is charged with the administration within the jurisdiction of the city of the appropriate provisions of Hose Bill No. 9, as amended, being an Act, entitled “An Act Relating to Alcoholic Liquors,” passed January 30, 1934, and approved by the Governor, and of this chapter, and to receive all license fees herein provided, in accordance with the provisions of Section 2 of Article 4 of said Act and to have such powers and to perform such other and further duties and functions as are provided by law.
   ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to maintain and to convey any alcoholic liquor.
   PACKAGE LIQUOR STORE. A store which is separate and apart from a tavern and is used for the retail sale of original package or packages of alcoholic liquors not to be consumed on the premises.
   RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
   RETAILER. A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
   SALE AT RETAIL. A sale in less than case lots to any person for any purpose other than for resale.
   SALE. Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
   SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance, in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
   TAVERN. Any public place kept, used, maintained, advertised and held out to the public as a place where alcoholic liquors are sold at retail for consumption on the premises.
   WINE. Any alcohol beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the additions of alcohol or spirits, as a be defined in this section.
('71 Code, § 4-17-2) (Ord. 1958, passed 4-11-77)
LICENSING PROVISIONS
§ 111.15 COMPLIANCE WITH REQUIREMENTS.
   Continued compliance with all requirements, whether contained in this or other sections, which are a condition precedent to the issuance of a license is required of all licensees during all the period that they may continue to hold a license under this chapter.
('71 Code, § 4-17-8(R)) Penalty, see § 10.99
§ 111.16 LICENSE REQUIRED.
   (A)   No person shall sell, keep or offer for sale, at retail, or conduct any place for the sale at retail of alcoholic liquor within the corporate limits of the city without first having a valid license so to do issued by the local Liquor Control Commissioner of the city.
   (B)   Nothing in this chapter shall require any further or additional license in the case of any employee, servant or agent who is acting for and on behalf of a principal who is duly licensed according to the provisions of this chapter.
   (C)   Pursuant to the authority granted by ILCS Ch. 65, Act 5, § 11-42-10.1, no person shall operate a business that permits the consumption of alcoholic liquor on the business premises unless said business has a valid City of Kewanee liquor license and is properly licensed under the Illinois Liquor Control Act of 1934.
(‘71 Code, § 4-17-3) (Am. Ord. 3801, passed 7-13-15; Am. Ord. 3802, passed 7-13-15) Penalty, see § 10.99
§ 111.17 APPLICATION FOR LICENSE.
   (A)   Before any license shall be issued, an application for such license, under oath, shall be filed with the local Liquor Control Commissioner or to some other person or agency appointed by him, accompanied with the license fee, as herein provided, stating:
      (1)   The name and residence of the applicant. If the applicant is a copartnership, the application should state the names and addresses of all of the partners, and of those entitled to share in the profits. If the applicant is a corporation, the application should state the date and place of incorporation and the officers and directors of the corporation, together with the address of each director and such officers, and if a majority of the stock is owned by one person, the name of such person.
      (2)   Whether the applicant is a citizen of the United States.
      (3)   The place of birth of the applicant, or if a naturalized citizen, the time and place of naturalization.
      (4)   Whether or not the applicant or applicants, or its officers, have ever been convicted of a felony.
      (5)   The location and the description of the premises for which the license is desired.
      (6)   The character of the business of applicant, the length of time in business and in case of a corporation, the objects for which it was formed.
      (7)   The length of time such corporation has been in business of that character and the date charter was issued.
      (8)   The amount of goods, wares and merchandise on hand at the time application is made.
      (9)   The location and description of the premises or place of business which is to be operated under such license.
      (10)    A statement that 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 the state law or city provisions pertaining to the sale of alcoholic liquor.
      (11)    That he will not violate any of the laws of the state, or of the United States or the provisions of this code in the conduct of his place of business.
      (12)    That he has not received or borrowed money or any thing else of value and that he will not receive or borrow money or anything else of value (other than merchandising credit) in the ordinary course of business for a period not to exceed 90 days, directly or indirectly from any manufacturer, importing distributor or distributor, representative of any such manufacturer, importing distributor or distributor, nor be a party in any way directly or indirectly to any violation by a manufacturer, distributor, or importing distributor.
      (13)    That he will obey and comply with any order, rule or regulation not inconsistent with the law promulgated or prescribed by the local Liquor Control Commission.
      (14)    That he will permit any police officer, local Liquor Control Commissioner, or any person appointed or authorized by him to inspect his premises at any time.
      (15)    That he consents that his license may be revoked.
      (16)    The application must contain a statement signed by at least three reputable citizens stating the length of time each of said persons has known the applicant, or in the case of a corporation, the officers of such corporation, that the person so signing the statement believes the applicant, the members of the partnership, or the officers of the corporation, as the case may be, to be of good moral character, and that to the best of such person's knowledge and belief, such persons have never been convicted of a felony.
   (B)   In the event the premises proposed to be licensed are not owned by the applicant, an agreement signed by the owner of such premises that such owner will agree that if the license for said premises is revoked for cause, that the Commissioner will not be either requested or required to issue a new license for said premises for a period of one year from the date the same was revoked, and a further agreement that such provisions shall be binding upon any subsequent owner or lessee in the premises.
('71 Code, § 4-17-5) (Am. Ord. 2287, passed 6-28-82; Am. Ord. 3419, passed 11-24-03)
§ 111.18 CLASSIFICATION OF LICENSES; FEES AND HOURS OF SALE.
   (A)   The classes of licenses and the fees and hours of sale for each class shall be as follows:
License Class
Hours of Operation
Annual License Fee
License Class
Hours of Operation
Annual License Fee
A — Taverns
6:00 a.m. to 12:00 a.m. (midnight) of every day except Sunday
$974.05
A-1 — Taverns
6:00 a.m. to 12:00 a.m. (midnight) Monday through Thursday; 6:00 a.m. to 1:00 a.m. Friday and Saturday; 12:00 noon to 10:00 p.m. Sunday
$1,265.00
A-2 — Taverns
6:00 a.m. to 2:00 a.m. of the following day, seven days a week.
$1,391.50
B — Package Liquor Stores
6:00 a.m. to 12:00 a.m. (midnight) of every day except Sunday
$974.05
B-1 — Package Liquor Stores
6:00 a.m. to 12:00 a.m. (midnight) Monday through Saturday; 12:00 noon to 10:00 p.m. Sunday
$1,265.00
C — Restaurants, Hotels and Bowling Alleys
6:00 a.m. to 12:00 a.m. (midnight) of every day except Sunday
$974.05
C-1 — Restaurants, Hotels and Bowling Alleys
6:00 a.m. to 12:00 a.m. (midnight) of Monday through Thursday; 6:00 a.m. to 1:00 a.m. Friday and Saturday; 12:00 noon to 10:00 p.m. Sunday
$1,265.00
D — Clubs
6:00 a.m. to 2:00 a.m. of following day seven days a week
$1,391.50
E — Special License
12:00 noon to 2:00 a.m. of the following day, seven days a week
$31.63 per day
F — National Fraternal Associations
6:00 a.m. to 2:00 a.m. of the following day seven days a week
$1,391.50
G - National Guard Armory; sale & consumption restricted to unit members & guests & not to the general public
4:30 p.m. to 12:00 a.m. (midnight)
$126.50
H-1 – Public Event License
As stipulated in approval letter from Liquor Commissioner
$100.00 per day
H-2 Public Event License
As stipulated in authorizing resolution adopted by City Council
$250.00 per day
 
   (B)   All license fees shall be due and payable in advance, one- half on or before each April 30, and one-half on or before October 31, of the license year which begins May 1 of each year except Class E — Special license fees for which the total license fee shall be paid in advance. Any payment made after the foregoing specified dates will have added to the license fee a 10% penalty.
(‘71 Code, § 4-17-4) (Ord. 1958, passed 4-11-77; Am. Ord. 2287, passed 6-28-82; Am. Ord. 2703, passed 5-80-89; Am. Ord. 2724, passed 4-27-90; Am. Ord. 2882, passed 3-28-94; Am. Ord. 2892, passed 5-9-94; Am. Ord. 3018, passed 11-20-95; Am. Ord. 3026, passed 12-4-95; Am. Ord. 3644, passed 6-28-10; Am. Ord. 3668, passed 2-14-11; Am. Ord. 3706, passed 6-11-12; Am. Ord. 3726, passed 2-25-13; Am. Ord. 3801, passed 7-13-15)
§ 111.19 ISSUANCE OF LICENSE WHEN CERTAIN REQUIREMENTS ARE MET.
   Licenses will be granted only when the applicant meets the following general requirements:
   (A)   If an individual, the applicant must be an American citizen; if a copartnership, all members of the partnership must be American citizens; applicants must be of good character and reputation and persons who have not been convicted of a felony under the laws of the state and who have not been convicted of being a keeper or are keeping a house of ill-fame and who have not been convicted of pandering or other crime or misdemeanor as are opposed to decency and morality.
   (B)   If a place of business is to be conducted by a manager or agent, said manager or agent must possess the same qualifications as are required of the licensee.
   (C)   No person who has been convicted of a violation of any federal or state law or of any provision of this code concerning the sale of alcoholic liquor subsequent to the passage of this chapter or shall have forfeited his bond to appear in court to answer charges of any such violations, shall be entitled to a license.
   (D)   No 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, shall be entitled to a license.
   (E)   An applicant for any liquor license who has not provided evidence of the following: evidence that all employees who will be engaged in mixing, preparing, or delivering alcoholic liquor to customers, guests, or patrons, have successfully completed the Beverage Alcohol Sellers and Services Education Training (BASSET) program conducted by an agency licensed by the Illinois Department of Alcohol and Substance Abuse or training provided by the insurance company providing coverage to the license holder. Each new employee hired by the licensee after issuance of the license shall complete the BASSET program at the next available training session or within 60 days of actually beginning work, whichever comes first. A copy of the certificate of completion of such BASSET program for each employee shall be filed with the City Clerk. Each certification shall be renewed every three years from the date of issue. Organizations that are issued a Class E Special Event license shall not be required to have their servers trained as set forth above. Organizers of the Class E Special Event shall meet with designated city officials to go over the standard protocol for serving alcoholic beverages prior to the event.
(‘71 Code, § 4-17-7) (Am. Ord. 3884, passed 5-22-17; Am. Ord. 3994, passed 1-13-20)
§ 111.20 APPROVAL OF APPLICANT; REVOCATION OF LICENSE.
   (A)   Upon application for a license hereunder being filed with the local Liquor Control Commissioner, or other person or agency appointed by him, together with the license fee, the application shall thereupon be investigated and if approved, the local Liquor Commissioner may issue the license if, in his opinion, the applicant is legally entitled to such license, and said license, when issued, may be suspended or revoked by the local Liquor Control Commissioner for any one or more of the following reasons:
      (1)   Violation of the laws of the state or any of the provisions of this chapter, or any provisions of this code pertaining to the sale of alcoholic liquor.
      (2)   The willful making of any false statement as to a material fact in the application for a license.
      (3)   Should the licensee, his agents or servants conduct and manage the premises where and upon which such liquor is sold under the provisions of this chapter, in an immoral, disorderly or indecent manner, detrimental to the good order and morals of the city, the local Liquor Control Commissioner shall have power and authority to revoke the license of such licensee, and suspend all privileges and powers of said licensee under the said license, and if the said licensee desires to be heard by the local Liquor Commissioner upon the question of the revocation of his license, the local Liquor Control Commissioner shall set a time and place within ten days of the application of said licensee to be heard, and within the city, where evidence may be presented for and against the said licensee with reference to the revocation of the license, and the local Liquor Control Commissioner may upon a hearing of such evidence determine the question as to whether such licensee shall again be permitted to operate under his license or whether said revocation thereof shall become and remain permanent.
   (B)   Any appeal from the decision of the Liquor Commissioner shall be taken as provided by state statutes.
('71 Code, § 4-17-24) (Am. Ord. 3419, passed 11-24-03)
§ 111.21 RENEWAL OR TRANSFER OF LICENSES.
   (A)   All licenses shall be renewed upon strict and full compliance with the regulations of the city at the time of the application for such renewal, but no new retail liquor license (other than a renewal or reissue of a license as hereinafter provided to be issued to vendees or assignees of a retail liquor business and the issuance of a Class E — Special license) shall, at any time thereafter, be granted or issued until the number of licenses in force at the time, shall be less than 50, whereupon such new license may be issued from time to time to lawful applicants, upon such compliance by the applicant with the regulations in force in the city at the time of the application for such license, until the total number of retail liquor licenses in force shall be 50.
   (B)   The owner, or his legal representative, of a retail liquor license shall have and be given the right to a renewal or reissue of such license at the same or different place of business upon compliance with the regulations now in force in the city, or which may hereafter be passed governing the issuance of retail liquor licenses and in the event such owner or his legal representative of a retail liquor business shall lawfully sell and assign said retail liquor business, the vendee or assignee of the same shall, upon full compliance with the regulations then in force in the city governing the issuance of retail liquor licenses, and upon surrender of the original licenses to the Liquor Commissioner by such owner, and a cancellation of the same, and upon payment of the fee for such license, shall be entitled to a new license and may, in turn, lawfully sell and assign said business upon and under the same terms and conditions as the original owner thereof could do hereunder. The privilege of the owner to lawfully sell and assign said retail liquor business, and the vendee or assignee thereof to obtain a new license as provided in this regulation, shall apply only so long as the license in each case shall have been kept in force continually and uninterruptedly in the name of the licensee or his successor in interest.
   (C)   This section shall not apply to clubs as defined in the liquor regulations, and shall not apply to drug stores, nor hotels located on the premises in the district where liquor licenses may be issued under provisions of this code heretofore in force, provided such hotels shall have been in operation one year and over prior to the application for license, and shall contain and operate 20 rooms and over for transient guests.
('71 Code, § 4-17-6) (Ord. 1958, passed 4-11-77; Am. Ord. 2287, passed 6-28-82)
§ 111.22 SEPARATE LICENSE REQUIRED FOR EACH LOCATION.
   A separate license shall be required for and with respect to each location or premises at which or upon which alcoholic liquors are sold or offered for sale at retail. No license issued under this chapter shall be transferable either as to location or as to the licensee named therein. Only one license shall be outstanding and in force at any one time for any one location.
('71 Code, § 4-17-8(F)) Penalty, see § 10.99
§ 111.23 DISPLAY OF LICENSE.
   Each licensee shall display conspicuously within the interior of the licensed premises, the license under which he is operating. No such license shall be displayed after the period for which it was issued has expired or after such license has been revoked.
('71 Code, § 4-17-9(S)) Penalty, see § 10.99
§ 111.24 ENTITLEMENT OF LICENSE RESTRICTED.
   No public law enforcing official or members of the City Council, or member of the County Board of Supervisors shall be entitled to a license and no such official shall be interested in any way, either directly or indirectly, in the sale or distribution of alcoholic liquor.
('71 Code, § 4-17-8(A)) Penalty, see § 10.99
§ 111.25 NUMBER OF LICENSES PERMITTED.
   No distributor may receive more than one retailer's license and then only for the premises in which he conducts his business as such distributor.
('71 Code, § 4-17-8(B)) (Am. Ord. 2277, passed 5-10-82)
§ 111.26 CONDITION OF LICENSE AS PERMIT.
   A license shall be a permit to sell alcoholic liquors only upon the premises described in this chapter, and in the manner and kind permitted under the license obtained.
('71 Code, § 4-17-8(M))
§ 111.27 [RESERVED.]
§ 111.28 WHERE LICENSE REVOKED FOR CAUSE.
   When a license has been revoked for cause, no license shall thereafter be issued for the sale of alcoholic liquor upon the said licensed premises or to the person in whose name the revoked license was secured, for a period of one year from and after the date of such revocation. In the event that the applicant for the license is not the owner of the premises described in the application, the owner of such premises must sign an agreement whereby such owner agrees to the foregoing provisions.
('71 Code, § 4-17-25)
§ 111.29 SPECIAL LICENSES; RESTRICTIONS.
   (A)   A special license shall be issued only to organized clubs, societies, associations, fraternal organizations, duly constituted churches or benevolent organizations organized not for pecuniary profits.
   (B)   A special license may be issued pursuant to this chapter for one day; two consecutive days; three consecutive days; or four consecutive days. The license shall specify on its face the duration.
   (C)   No organization shall be issued more than four special licenses during any fiscal year of the city (May 1 to April 30).
   (D)   A special license issued pursuant to this chapter shall entitle the licensee to sell or dispense spirits, beer and wine at any banquet, picnic, fair or similar event.
   (E)   The location or area for which a Class E — Special license shall be issued shall be fenced in or otherwise enclosed so that the premises on which spirits, beer, or wine is to be sold or dispensed shall be secured and such area shall contain one entrance and one exit for the purposes of persons or patrons entering and exiting said premises.
   (F)   Every person or patron entering the premises for which a Class E — Special license has been issued, shall receive a handstamp or some other form of identification after verification that they are of legal age and have the right to enter and remain on the premises.
   (G)   No spirits, beer, or wine shall be taken or carried from the area or location for which a Class E — Special license shall have been issued. The area or location shall be defined as that area or location which is fenced or enclosed so as to be secured in order that only persons who are of legal age for the consumption of alcohol shall be in said enclosed or fenced area.
   (H)   Any violation of any provisions of this section or any of the provisions of this chapter shall subject any Class E — Special license which has been issued to immediate suspension or revocation by the Liquor Control Commissioner of the city.
('71 Code, § 4-17-26) (Ord. 2287, passed 6-28-82; Am. Ord. 2882, passed 3-28-94; Am. Ord. 3026, passed 12-4-95; Am. Ord. 3433, passed 6-14-04) Penalty, see § 10.99
§ 111.30 LICENSE CLASS H-l AMD H-2 PUBLIC EVENT LICENSES; RESTRICTIONS.
   (A)   A Class H-1 or H-2 public event license shall only be issued upon compliance with the provisions of this § 111.30 and State of Illinois regulations as administered by the Illinois Liquor Control Commission.
   (B)   Class H-1 public event license is for an event with community-wide or regional interest, Class H-1 license shall apply to events conducted on privately owned land, or public land not owned by, or dedicated to, the City of Kewanee. Class H-1 license shall comply with provisions stipulated by the Liquor Commissioner in the letter issuing the Class H-1 license.
   (C)   (1)   Class H-2 public event license is required for an event conducted in relation to activities with a community-wide interest such as a City of Kewanee sanctioned festival or fair. Class H-2 License shall cover an event conducted in whole, or in part, on any land owned by the City of Kewanee or dedicated to the City of Kewanee for public use. An individual Class H-2 license may be granted for a time period of one to four days. With the intent of limiting issuance of Class H-2 licenses, on a city-wide basis for all liquor licensees for any calendar year, the aggregate number of license-days for all licensees in the city in said year shall not exceed 15 license-days. As an example of a license-day, one license issued for a three day event equals three license-days; two individual licenses each valid for concurrent three day periods equals six license-days in aggregate.
      (2)   An applicant for the Class H-2 Public Event license must also submit with the application proof satisfactory to the City of Kewanee that the applicant will provide dram shop liability insurance to the maximum limits and general liability insurance covering the City of Kewanee as an additional insured if, any part of the event is conducted on public property. The amount of the general liability insurance to be as determined by the Kewanee City Council in the resolution authorizing said license,
   (D)   A Class H-2 licensee shall comply with the following provisions:
      (1)   Issuance of a Class H-2 license and the subsequent opportunity for the sale of alcohol and open container, public consumption of alcohol shall occur only on public alley, street, sidewalk or open land as designated in a Resolution adopted by the City Council.
      (2)   Alcohol consumed in designated area shall be either sold in establishments abutting said area with liquor licenses allowing sale at retail by the drink, or at a location inside the designated public area by licensee.
      (3)   No private individuals shall bring their own alcohol to consume in said area.
      (4)   Abutting liquor retailers desiring to participate in an event with sales and open consumption on public property shall petition the Liquor Commissioner for a Class H-2 license in connection said event. Applicant shall also give copies of the petition to the Chief of Police and City Manager.
      (5)   In the event the Liquor Commissioner, City Manager and Chief of Police recommend said petition as submitted, or amended, the petition shall be submitted to the City Council for approval of the Class H-2 license by adoption of a resolution.
      (6)   No petition for a Class H-2 shall be recommended or approved by the City Council unless the following elements in (a) through (h) are present. The City Council shall hereby have the authority to make any and all stipulations they deem necessary to best ensure the use of public property for sale and consumption of alcohol does not cause nuisance conditions or compromise public safety. Such stipulations including but not limited to hours of operation, types of entertainment permitted, if any, noise limits, security staffing, or any other concern deemed. appropriate to regulate, restrict or prohibit.
         (a)   Licensees shall provide access control to the Class H-2 license area with temporary fencing. Licensees shall have personnel at each point of entry to, or exit from, the Class H-2 license area. Said personnel shall ensure good order is maintained in the Class H-2 license area and no one under the age of 21 years is in the Class H-2 license area.
         (b)   Licensees shall check identification of all persons entering the Class H-2 license area, barring entry to anyone less than 21 years of age.
         (c)   Licensees shall provide persons over 21 years of age with a wristband to be worn and displayed at all times the person is within the Class H-2 license area.
         (d)   Trash receptacles shall be provided by licensees.
         (e)   Class H-2 license area trash shall be emptied by the licensees along with cleanup when the event concludes.
         (f)   Only plastic containers for alcohol in the Class H-2 license area.
         (g)   The Chief of Police or his or her designee shall have the authority to immediately close the Class H-2 license area, clear the area of users and suspend the privileges granted by the Class H-2 license in the event of any disturbance, breach of the peace or other activities which threaten the safety of the users of the area or the public as a whole.
         (h)   Any violations of the terms of the Class H-2 license, or any violations of the laws of the State or provisions of the City Code pertaining to the sale of alcoholic liquor during the event covered by the Class H-2 license shall attach to the primary liquor license of the retailer to whom the Class H-2 license was issued for the purpose of possible violation., suspension or revocation hearings before the Liquor Commissioner.”
(Ord. 3801, passed 7-13-15)
SALE OF ALCOHOLIC LIQUOR REGULATED
§ 111.40 LOCATION OF RETAIL PLACE OF BUSINESS RESTRICTED.
   (A)   No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for the aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within 100 feet since the issuance of the original license.
   (B)   In determining whether any retail place of business is within 100 feet of any institution, named heretofore in this chapter, such retail place of business shall be considered to be 100 feet or more distant from any such institution, if it is 100 feet or more in any direction by measurement in a straight line from the nearest property boundary of such business to the nearest boundary of any such institution, with the exception that in the case of a church, the distance of 100 feet shall be measured from the nearest property boundary of the business to the nearest part of any building used for religious worship services or religious educational programs, and not to property boundaries of the building used for religious worship services or religious educational programs.
   (C)   Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
('71 Code, § 4-17-9(C))
(Am. Ord. 2287, passed 6-28-82; Am. Ord. 3046, passed 4-8-96; Am. Ord. 3605, passed 4-27-09; Am. Ord. 3609, passed 5-11-09)
§ 111.41 SALE OF ALCOHOLIC LIQUOR UPON PREMISES HAVING ACCESS TO OTHER PRIVATE OR PUBLIC AREAS.
   Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premises which has any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purposes and which is permitted to be used or kept accessible for use by the public. This provision shall not prevent any connection between such premises and such other portion of the building or structure which is used only by the licensee, his family and personal guests, subject also to the provisions of § 111.46.
('71 Code, § 4-17-8(D)) Penalty, see § 10.99
§ 111.42 CERTAIN BUILDINGS PROHIBITED FROM SELLING OR FURNISHING ALCOHOLIC LIQUOR.
   No alcoholic liquors shall be sold or delivered in any building belonging to or under the control of the state or of any political subdivision thereof. No person shall furnish or suffer to be furnished any alcoholic liquors to any prisoner, confined in jail, reformatory, prison or house of correction except upon physician's prescription for medicinal purposes.
('71 Code, § 4-17-8(E)) Penalty, see § 10.99
§ 111.43 VIEW INTO INTERIOR OF PREMISES TO REMAIN CLEAR; LIGHTS.
   In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than a restaurant, hotel or club) no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises from the street, road or sidewalk, and said premises must be so located that there shall be a full view of the entire interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white lights so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provision shall be wilfully obscured by the licensee or by him wilfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided.
('71 Code, § 4-17-8(G)) Penalty, see § 10.99
§ 111.44 PREMISES TO BE KEPT IN SANITARY CONDITION.
   All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the provisions of this code regulating the condition of premises used for the storage of food for sale for human consumption.
('71 Code, § 4-17-19) Penalty, see § 10.99
§ 111.45 CONDITIONS OF EMPLOYMENT.
   Only persons of good moral character and persons who have not been convicted of a felony shall be employed by any licensee or be allowed to sell alcoholic liquor under a license issued by this city.
('71 Code, § 4-17-19)
§ 111.46 SALE OF ALCOHOLIC LIQUOR TO CERTAIN PERSONS; POSSESSION OR CONSUMPTION; REMAINING ON PREMISES PROHIBITED.
   (A)   Sale.
      (1)   No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person or to any person known by him to be an habitual drunkard, spend thrift, insane, mentally ill, mentally deficient or in need of mental treatment; no licensee under this chapter nor any officer, associate, member, representative, agent or employee of such licensee shall permit or allow any person of either sex under 21 years of age at any time and under any circumstances to frequent, loiter or remain on the premises of such licensee; this provision shall not apply, however, to restaurants having no bar therein nor that portion of a licensed premises where there is conducted some lawful business other than the sale of alcoholic liquor; if said premises are clearly segregated and set apart by partition or otherwise, it shall be unlawful for any person under 21 years of age to frequent, loiter or remain in that portion of said licensed premises so set apart and segregated for the sale of alcoholic liquor, with the exception that an employee of the licensee 18 years of age or older can serve, mix or handle alcoholic beverages of all kinds provided they are under the direction of a work supervisor of 21 years of age or older.
('71 Code, § 4-17-8(H))
      (2)   No licensee, under this chapter shall offer or permit any boy or girl, a minor, to be in or remain in any room or compartment adjoining or adjacent to or situated in the room or place in which his licensed premises is located.
('71 Code, § 4-17-8(I))
      (3)   No licensee shall permit any person in an intoxicated or drunken condition to be or remain upon the licensed premises, or in any room or other enclosure adjacent with or connected thereto, nor shall any loud or boisterous talking or disorderly conduct be permitted upon the licensed premises. If any physical altercation occurs on licensed premises, the licensee shall report said altercation to the local authorities immediately following said altercation, but in no instance later than one hour after said altercation occurred.
   (B)   (1)   No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. For the purpose of preventing the violation of this section, any licensee, or his 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 of the fact that he or she is over the age of 21 years.
      (2)   Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces. Proof that the defendant- licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
      (3)   No person shall sell, give, or furnish to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or sell, give or furnish to any person under the age of 21 years evidence of age and identification of any other person.
      (4)   No person under the age of 21 years shall present or offer to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or have in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity.
      (5)   No person under the age of 21 years shall have any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public; this division does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his parent or in pursuance of his employment.
('71 Code, § 7-1-30) (Ord. 1798, passed 10-22-73; Am. Ord. 2094, passed 12-10-79; Am. Ord. 3707, passed 6-11-12)
   (C)   The consumption of alcoholic liquor by any person under 21 years of age is forbidden, except that the possession and dispensing or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 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 21 years of age in the privacy of a home, is not prohibited by this division.
('71 Code, § 7-1-49) (Ord. 2595, passed 11-10-86; Am. Ord. 3571, passed 5-12-08) Penalty, see § 10.99
§ 111.47 PERMITTING SALE IN HOME OR APARTMENT.
   No license shall be issued to any person for the purpose of permitting the sale at retail of any alcoholic liquor in any dwelling house, flat or apartment building.
('71 Code, § 4-17-8(K))
§ 111.48 RESTRICTING ADVERTISEMENT OF PREMISES.
   No person licensed under this chapter shall use the word “saloon” or “bar” in any sign or advertisement as a designation of the premises where it is authorized to sell alcoholic liquors.
('71 Code, § 4-17-9(L)) Penalty, see § 10.99
§ 111.49 UNLAWFUL USE OF PREMISES PROHIBITED.
   No person licensed under this chapter shall conduct, or permit or suffer any other person to conduct a house of prostitution or harbor any immoral persons in the place so licensed or in any adjoining room, building, or premises owned or controlled by him, or connected therewith within the city, nor permit such place of adjoining room, building or premises to be used for any unlawful, disorderly, or immoral purposes.
('71 Code, § 4-17-15) Penalty, see § 10.99
§ 111.50 GAMBLING.
   No person licensed under this chapter, shall permit any gambling with dice, dominoes, cards, pool, billiards, bowling, balls, or other articles properly licensed video gaming terminals in currently licensed establishments as put forth in the Illinois Video Gaming Act, and any rules promulgated by the Illinois Gaming Board.
('71 Code, § 4-17-8(N)) (Am. Ord. 3706, passed 6-11-12) Penalty, see § 10.99
§ 111.51 ENTERTAINMENT AND PLAYING MUSIC RESTRICTED.
   No licensee under this chapter except those licensees holding a Class A-1, A-2, C-1, D or F license shall give, produce, present, offer, permit, suffer or allow upon the premises, where he is licensed to sell alcoholic liquors, or in any room or enclosure adjacent with or connected thereto any theatrical entertainment, music originating upon or adjacent to the licensed premises, (reproduced music as by radio and phonograph excepted, however, they shall not be played or operated after 12:00 p.m. of any day and the time fixed by this chapter for the resumption of licensed business on the succeeding day. There shall not be used in connection with such phonograph and radios, any loud speakers, amplifiers or other mechanical device for the purpose of reproducing sound from such instruments outside of the licensed premises), exhibition, show, amusement, cabaret, acts of entertainment or performance whatsoever, whether musical or otherwise, or any dance or skating, either by patron or other persons. Licensees holding Class A-1 or C-1 license shall not (except as to reproduce music by radio or phonograph) give, produce, present, offer, permit, suffer or allow the above named forms of entertainment except on Friday and Saturday during the hours within which the sale of alcoholic liquor is permitted on their premises. Any licensee holding a Class A-2 license shall not allow live entertainment except on Friday and Saturday during the hours within which the sale of alcoholic liquor is permitted on their premises, except that entertainment in the form of live music shall be permitted on Sunday through Saturday during the hours within which the sale of alcoholic liquor is permitted on their premises.
('71 Code, § 4-17-8(O)) (Ord. 2279, passed 4-26-82; Am. Ord. 2411, passed 2-13-84) Penalty, see § 10.99
§ 111.52 EXTENSION OF CREDIT PROHIBITED; EXCEPTION.
   No person shall sell or furnish alcoholic liquor at retail to any person on credit or on a pass book, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered; and if any person shall extend credit for such purpose the debt thereby attempted to be created shall not be recoverable by law; provided that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members or guests in accordance with the by-laws of said club. Nothing herein contained shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by regular guests residing at said hotel and charged to the accounts of said guests.
('71 Code, § 4-17-8(Q)) Penalty, see § 10.99
§ 111.53 CURB SERVICE PROHIBITED.
   No curb service for the sale of alcoholic liquor shall be carried on in connection with the premises for which a license has been granted, for the sale of alcoholic liquor for consumption upon the premises, either upon the public street or private property contiguous to such premises so licensed.
('71 Code, § 4-17-14) Penalty, see § 10.99
§ 111.54 HOURS OF OPERATION.
   (A)   It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the city at times other than those specified for the class of license for the particular establishment.
   (B)   Whenever Christmas and New Years fall on a Monday, the sale of alcoholic liquor is permitted and allowed in establishments having a Class A, A-1, B, B-1, C, C-1, license between the hours of 12:00 noon on December 24 and December 31 and 2:00 a.m. the following day.
   (C)   It shall be unlawful to keep open for any purpose whatsoever any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of said liquor is prohibited; except in the case of restaurants, hotels, bowling alleys and clubs which establishments may be kept open during such hours but no alcoholic liquor may be sold to or consumed by the members or public during such hours.
('71 Code, § 4-17-11) (Ord. 2279, passed 4-26-82) Penalty, see § 10.99
ADMINISTRATION AND ENFORCEMENT
§ 111.65 DUTIES OF POLICE DEPARTMENT.
   It shall be the duty of the Police Department of the city and the officers in charge thereof to make a weekly report in writing of all arrests and complaints for the violation of this chapter, which report shall set forth the name of the person alleged to have violated the provisions hereof, the person signing the complaint, the officer making the arrest, the action taken on same, the date of arrest, and the date of hearing, whether the said party was fined or released, the amount of fine paid and whatever disposition was made, showing the docket and the page on which said case was entered, which report shall be made in triplicate, one copy to be kept as part of the records of the Police Department and two copies to be filed with the City Clerk not later than 10:00 a.m. of the Monday next following said week.
('71 Code, § 4-17-23)
§ 111.66 COMPLAINTS BY CITIZENS.
   (A)   Any five residents of the city have a right to file a complaint with the local Liquor Commissioner stating that any licensee subject to the jurisdiction of the local Liquor Commissioner has either been or is violating the provisions of this code, as amended or the laws of the state in regard to the sale of alcoholic liquor or any rules or regulations issued pursuant to this code and laws, or said complaint shall state that the conditions in the locality where such licensee is operating are such that the location of said business outside of the district defined in this chapter is no longer desirable and against the wishes of the property owners, such complaint shall be in writing in such form as prescribed by the local Liquor Commissioner and shall be signed and sworn to by the party or parties complaining, which complaint shall state the particular provisions, rules or regulations believed to be violated, or it may request, that such licensee, if the location of his business be outside of the district as set forth in this chapter and in the district for which written consent is required before the issuance of a license, show by making a new application with written consent from the owners of property as set forth in this chapter, that the location of his business is not contrary to the desire and wishes of two-thirds of the property owners. Said complaint shall also state facts upon which the said complaint is based and also reasons for the request made in said complaint.
   (B)   If the local Liquor Commissioner is satisfied that said complaint substantially charges the violation of this chapter or the state liquor laws or the rules and regulations issued pursuant to same or that the facts therein show reasonable cause for belief that there have been violations as stated or reasonable cause for requiring the filing of a new application and consents from the residents in the vicinity of said location, the said local Liquor Commissioner in case of the alleged violation of this chapter, the state liquor laws and the rules and regulations issued pursuant to same, shall set the matter for hearing and serve notice on the licensee of the time and place of such hearing and of the particular charges in the complaint; however, in case of the request that the licensee be required to file a new application and consents from the residents the said local Liquor Commissioner if he is satisfied that the facts in said request and complaint justify the requiring of a new application and consents he will cause notice to be given to said licensee to forthwith file such new application and consents under the penalty of revocation of his license for failure to do so. However, no licensee shall be required to file more than one application with consent during any one year.
('71 Code, § 4-17-22)
§ 111.67 RIGHT OF ENTRY FOR PURPOSES OF INSPECTION.
   (A)   Any police officer or other official of the city shall at all times have free and unrestricted access to the licensed premises for the purpose of inspecting same, and it shall not be necessary for such officer to procure any legal process before entering in and upon said premises.
   (B)   The Health Officer of the city is empowered, and it is his duty to inspect and examine all of the premises licensed hereunder and determine from such examination the sanitary conditions surrounding the premises. Every person licensed hereunder shall at all times permit such inspection and assist said officer according to the officer's direction; said officer may require samples of any material or liquid in premises, and upon request every person licensed hereunder shall furnish such sample, and such officer may analyze any sample.
   (C)   Before any license is issued, each applicant must agree to the provisions of this Section.
('71 Code, § 4-17-13)
§ 111.68 EMERGENCY CLOSING.
   In all cases, where, in the opinion of the Mayor, the public peace is likely to be endangered by the keeping open of premises licensed hereunder, it shall be lawful for the Mayor to issue his proclamation, under seal of the city, commanding and enjoining all persons licensed by the city to sell any of said liquors, and their servants and agents, to close their shops and places of business for such time as the Mayor shall deem necessary; and neither to sell, give away, or suffer to be drawn, any of said liquors in or about their premises during the time mentioned in said proclamation.
('71 Code, § 4-17-21)
§ 111.69 APPEALS FROM DECISION OF LOCAL LIQUOR CONTROL COMMISSIONER.
   Pursuant to ILCS Ch. 235, Act 5, § 7-9, all appeals from a decision by the local Liquor Control Commissioner which are appealed to the State Liquor Control Commission by the liquor licensee shall be submitted to the State Liquor Control Commission on the record.
('71 Code, § 4-17-27) (Ord. 2605, passed 2-23-87)