Loading...
LICENSING PROVISIONS
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
(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
(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)
(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 |
A — Combined (onsite service and retail/packaged) | 6:00 a.m. to 2:00 a.m. of the following day, seven days a week | $1,767.90 |
B — Onsite Service (Any establishment that serves during standard hours) | 6:00 a.m. to 2:00 a.m. of the following day, seven days a week | $1,607.18 |
C — Retail/Packaged Sales (liquor store, grocery store, drug store, convenience store) | 6:00 a.m. to 12:00 a.m. (midnight) Monday through Saturday; 12:00 p.m. (noon) to 10:00 p.m. Sunday | $1,461.08 |
D — Limited Onsite Service (Any establishment that serves during limited hours) | 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 | $1,328.50 |
E — Special License/Catering Add- On | 12:00 noon to 2:00 a.m. of the following day, seven days a week | $35 per day for special license, $35 per add-on designation |
F – Public Event License | 6:00 a.m. to 2:00 a.m. of the following day. If event is on city property, an authorizing resolution adopted by City Council is required before license can be issued. | $100 per day or $150 per multi-day event |
(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, F, and G 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 per month.
(C) Video gaming terminal fee. In compliance with the Illinois Video Gaming Act, 230 ILCS 40/65, there is hereby established an annual fee for the operation of a video gaming terminal of $25 per year per terminal. Said annual fee is due in full for each video gaming terminal in the premises and payable in the same time and manner as the liquor license fee.
(D) Catering service fee. Any entity holding an A, B, or D license may also obtain a catering service designation on their license that permits the licensee to provide alcohol for events offsite of its licensed premise. Alcohol shall be served only by a BASSETT holder employed by the licensee. The licensee must also obtain dram shop insurance for a specified location and day of event. The event host must obtain a Class E Special License and provide a copy of the dram shop insurance for the event. Before completing the application, it is the host's responsibility to make sure the liquor license with catering designation is active with the city. It is the licensee's responsibility to make sure the event host has obtained a Class E Special License.
(‘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; Am. Ord. 4168, passed 2-12-24; Am. Ord. 4173, passed 3-11-24)
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)
(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)
Loading...