2-3-22: HAPPY HOUR RESTRICTIONS:
All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multiuse establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multiuse establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.
   A.   Prohibited: No retail licensee, employee or agent of such licensee shall:
      1.   Sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor; (Ord. 2015-O-12, 8-5-2015)
      2.   Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public, or except as otherwise permitted by the Illinois Liquor Control Act; (Ord. 2018-O-17, 8-7-2018)
      3.   Increase the volume of alcoholic liquor contained in a drink or the size of a drink of alcoholic liquor without increasing proportionately the price regularly charged for the drink on that day;
      4.   Encourage or permit on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or
      5.   Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections A1 through A4 of this section.
   B.   Allowed: Nothing in this section shall be construed to prohibit a licensee from:
      1.   Offering free food or entertainment at any time;
      2.   Including drinks or alcoholic liquor as part of a meal package;
      3.   Selling or offering for sale a party package only if the retail licensee: a) offers food in the dedicated event space; b) limits the party package to no more than three (3) hours; c) distributes wristbands, lanyards, shirts, or any other such wearable items to identify party package attendees so the attendees may be granted access to the dedicated event space; and d) excludes individuals not participating in the party package from the dedicated event space;
      4.   Including drinks or alcoholic liquor as part of a hotel package;
      5.   Negotiating drinks of alcoholic liquor as part of a hotel package;
      6.   Providing room service to persons renting rooms at a hotel;
      7.   Selling pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes or bottles of alcoholic liquor which are customarily sold in such manner or selling bottles of spirits;
      8.   Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled; or
      9.   Discounting any drink of alcoholic liquor during a specified time period only if:
         a.   The price of the drink of alcoholic liquor is not changed during the time that it is discounted;
         b.   The period of time during which any drink of alcoholic liquor is discounted does not exceed four (4) hours per day and fifteen (15) hours per week; however, this period of time is not required to be consecutive and may be divided by the licensee in any manner;
         c.   The drink of alcoholic liquor is not discounted between the hours of ten o'clock (10:00) P.M. and the licensed premises' closing hour; and (Ord. 2015-O-12, 8-5-2015)
         d.   Notice of the discount of the drink of alcoholic liquor during a specified time is posted on the licensed premises or on the licensee's publicly available website at least seven (7) days prior to the specified time.
All licensees affected by this section must also comply with all other applicable provisions of the Illinois Liquor Control Act 1 and of this Code, as amended from time to time. (Ord. 2018-O-17, 8-7-2018)
   C.   Private Functions: Notwithstanding the provisions of this section, a retail licensee, or an employee or agent thereof, may offer an unlimited number of drinks during any set period of time for a fixed price at a "private function" as that term is defined in the Illinois Liquor Control Act.
   D.   BASSET: Licensees shall comply with the Illinois Liquor Control Act 2 , and without any limitation on the foregoing, with the requirements of that Act relative to responsible alcohol service servers training (i.e., Beverage Alcohol Sellers and Servers Education and Training ("BASSET")) and relative to "happy hours" and product sampling.
   E.   Violation: A violation of this section shall be grounds for the suspension or revocation of a licensee's license by the Village's Local Liquor Control Commissioner.
   F.   Product Sampling:
      1.   Retailer, distributor, importing distributor, manufacturer and nonresident dealer licensees may conduct product sampling for consumption at a licensed retail location. Up to three (3) samples, consisting of no more than: a) one-fourth (1/4) ounce of distilled spirits, b) one ounce of wine, or c) two (2) ounces of beer may be served to a consumer in one day.
      2.   Notwithstanding the provisions of subsection F1 of this section, an on premises retail licensee may offer for sale and serve more than one drink per person for sampling purposes.
      3.   In any event, all provisions of section 6-28 of the Illinois Liquor Control Act 3 and of this section relative to happy hour restrictions shall apply to an on premises retail licensee that conducts product sampling. (Ord. 2015-O-12, 8-5-2015)

 

Notes

1
1. 235 ILCS 5/1-1 et seq.
2
1. 235 ILCS 5/1-1 et seq.
3
2. 235 ILCS 5/6-28.