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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 |
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)
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)
(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)
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
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
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
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)
(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
(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
(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)
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
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
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
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
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