§ 111.036  LOCAL LIQUOR LICENSES AND FEES.
   (A)   General. Every person engaged in the retail sale of alcoholic liquor in the city shall pay an annual license fee. Such license fees shall be established by the City Council by separate ordinance, which may be amended from time to time, and are hereby incorporated into this section as if fully set forth herein. Such licenses shall be divided into classes, which classes shall be as follows:
      (1)   Class A-1 licenses, which shall authorize the retail sale of alcoholic liquor in original package not for consumption on the premises where sold;
      (2)   Class A-2 licenses, which shall authorize the retail sale of beer and wine in original package not for consumption on the premises where sold;
      (3)   Class A-3 licenses, which shall authorize the holder of a Class A-1 license to give away wine or beer for tasting purposes only on the licensed premises subject to all of the terms and conditions set out in § 111.005 of this chapter;
      (4)   Class A-4 licenses, which shall authorize the retail sale of beer and wine only in their original package during the following times: Sunday through Thursday from 2:00 p.m. to 8:00 p.m. Central Time; Friday and Saturday from 2:00 p.m. to 9:00 p.m. Central Time. Nothing herein shall prevent customers purchasing beer or wine from an A-4 licensee from consuming such beer or wine on the licensed premises pursuant to a Class I-1 or I-2 license.
      (5)   Class B-1 licenses, which shall authorize the retail sale of alcoholic liquor for consumption either on or off the premises. Tastings of alcoholic liquor may also take place on premises pursuant to this Class B-1 license;
      (6)   Class C-1 licenses, which shall authorize the retail sale of alcoholic liquor for consumption on the premises of a restaurant only and served indoors, with or without a meal;
      (7)   Class C-2 licenses, which shall authorize the retail sale of alcoholic liquor for consumption on the premises of a restaurant only and served indoors, with or without a meal, or for consumption off-premises when sold sealed in its original package;
      (8)   Class C-3 licenses, which shall permit the holder of any C-1, C-2, or C-4 licensee to provide alcoholic liquor service outdoors, but only upon such terms and conditions as the Local Liquor Commissioner may establish for the licensed premises and only to the extent of such liquor service authorized by the underlying liquor license;
      (9)   Class C-4 license, Class C-1 licenses, which shall authorize the retail sale of beer and wine only for consumption on the premises of a restaurant only and served indoors, with or without a meal, but only during such hours as prescribed in the liquor license issued by the Local Liquor Commissioner;
      (10)   Class D-1 licenses, which shall authorize:
         (a)   The retail sale of alcoholic liquor by a club, to its members and their guests for consumption on the club premises; and
         (b)   For not more than four events in any calendar year, the retail sale of alcoholic liquor in original package to its members and their guests for consumption off the premises where sold.
      (11)   Class E-1 licenses, which shall authorize the retail sale by restaurants, hotels or residential care facilities having seating accommodations at tables or booths for 100 or more persons, of alcoholic liquor by the drink for consumption on the premises by customers of the restaurant or hotel, such sales shall be exclusively with and incidental to the ordering and serving of a complete meal to such customer, seated at a table or booth, in the public dining room of the restaurant or hotel, but only between the hours of 11:00 a.m. and 12:00 midnight; and which shall also authorize the retail sale of alcoholic liquor for consumption in the public and private rooms of the restaurant or hotel for privately sponsored parties, lunches, dinners, receptions and similar gatherings where attendance is limited to invited guests, but only between the hours of 11:00 a.m. and 12:00 midnight;
      (12)   Class F-1 licenses, which shall authorize the retail sale of alcoholic liquor by the drink to its members by a religious, charitable, fraternal or other not-for-profit organization, other than clubs as defined herein, which holds periodic meetings of its members. All applications for a Class F-1 license shall state the names and addresses of all officers of the organization, and the address of the premises upon which the sale of alcoholic liquor will be made;
      (13)   (a)   Class F-2 licenses, which shall authorize the retail sale of alcoholic liquor in any of the following circumstances:
            1.   By the drink by religious, charitable, fraternal or other not-for-profit organizations, for periods not in excess of 48 hours;
            2.   On city-owned property or on school grounds, by members and guests of religious, charitable, fraternal or other not-for-profit organizations and groups, for a period not in excess of 48 hours;
            3.   By the drink by a person whose premises are located in either the B-1, B-2, B-3 or B-4 zoning districts in the city, for periods not in excess of 48 hours, and on no more than two occasions per licensee in any calendar year;
            4.   At events sponsored by religious, charitable, fraternal or other not-for-profit organizations and groups, for a period not in excess of 48 hours at which beer and wine may be consumed (but not given away or sold at retail) on public property not owned by the city; or
            5.   On city-owned property or on school grounds, by holders of any Class A-1, A-2, B-1, C-1, C-2 or E-1 liquor license for outdoor events open to the public for a period not in excess of 72 hours.
         (b)   All applications for a Class F-2 license shall state the names and addresses of the individual or, if the person is a business entity or organization, all officers of such entity, the address of the premises upon which the sale of alcoholic liquor will be made, the estimated attendance upon the premises during the period of the license and whether such sales will be made to the public or only to bona fide members of the organization for which the license is requested. Satisfactory evidence from the owner of the premises shall be furnished showing the authorization to the applicant for the use of said premises, including the sale of alcoholic liquor for the period for which the license is requested.
         (c)   For all events taking place on city-owned property, the applicant must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan, evidence that the licensed premises is covered by insurance as provided by § 111.045(B) of this chapter so as to hold harmless the city, its elected or appointed officials, officers, employees, agents, representatives and attorneys from all financial loss, damage or harm, and any other information regarding the event or applicant requested by city staff. The event must be approved by the city in writing pursuant to its applicable policies for such events prior to the issuance of any Class F-2 license.
      (14)   (a)   Class F-3 licenses, which shall authorize the retail sale of beer and wine in any of the circumstances set forth in divisions (A)(11)(a)1. through (A)(11)(a)5. above.
         (b)   All applications for a Class F-3 license shall state the names and addresses of the individual or, if the person is a business entity or organization, all officers of such entity, the address of the premises upon which the sale of beer and wine will be made, the estimated attendance upon the premises during the period of the license and whether such sales will be made to the public or only to bona fide members of the organization for which the license is requested. Satisfactory evidence from the owner of the premises shall be furnished showing the authorization to the applicant for the use of said premises, including the sale of alcoholic liquor for the period for which the license is requested.
         (c)   For all events taking place on city-owned property, the applicant must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan, evidence that the licensed premises is covered by insurance as provided by § 111.045(B) of this chapter so as to hold harmless the city, its elected or appointed officials, officers, employees, agents, representatives and attorneys from all financial loss, damage or harm, and any other information regarding the event or applicant requested by city staff. The event must be approved by the city in writing pursuant to its applicable policies for such events prior to the issuance of any Class F-3 license.
      (15)   Class F-4 license, which shall authorize the retail sale of alcoholic liquor on private property, by for-profit organizations and individuals in connection with sporting events for which the public is able to purchase tickets to attend. A separate Class F-4 license shall be required for each vendor of alcoholic liquor associated with the event. All applications for a Class F-4 license shall state the names and addresses of the individual applicant or all officers of the organization, the address of the premises upon which the sale or give-away of alcoholic liquor will be made, the estimated attendance upon the premises. The applicant must also submit a proposal for the special event identifying the type of event, proposed hours, proposed security plan and any other information regarding the event or applicant requested by city staff.
      (16)   Class F-5 licenses, which shall authorize the retail sale, give away or other dispensing free of charge, of alcoholic liquor for consumption on the premises of any city-owned property that is operated and occupied by a not-for-profit organization when such retail sale, give away or other dispensing free of charge is incidental and complementary to a special event sponsored by such not-for-profit organization from time to time; provided, however, that, no more than 25 such special events shall be permitted during any license year. In addition to the requirements set forth in this division (A)(14), the applicant shall submit to all other requirements of this chapter, as amended, as well as the State Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq. Any such retail sale, give away or other dispensing free of charge that is incidental and complementary to a special event shall also be subject to the following conditions and limitations.
         (a)   The applicant shall provide written notice to the Commissioner, or the Commissioner’s designee, no less than five business days prior to any special event at which alcoholic liquor will be served. Such notice shall include the date, time, location within the licensed premises, and number of invitees or anticipated attendees for such special event;
         (b)   The applicant shall supervise, or cause to be supervised, the retail sale, give away or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away or other dispensing free of charge of alcoholic liquor is confined to area within the licensed premises identified in the notice to the Commissioner and is properly monitored to ensure that no underage consumption of alcoholic beverages is permitted. The Liquor Control Commissioner or the Commissioner’s designee may require the applicant to develop appropriate protocols to ensure compliance with this division (A)(14)(b);
         (c)   The applicant shall not advertise, or otherwise publish the availability of alcoholic liquor through any media or other means of communication, with the sole exception that a mailed invitation for a special event may advertise the availability of alcoholic liquor at such special event;
         (d)   The applicant shall provide evidence to the Local Liquor Control Commission, at the time of its application for a F-5 liquor license, that the licensed premises is covered by dram shop liability insurance in maximum limits so as to hold harmless the city, its elected or appointed officials, officers, employees, agents, representatives and attorneys from all financial loss, damage or harm; and
         (e)   In connection with any special event on the licensed premises, the Commissioner may impose such conditions and requirements that may be reasonable or appropriate to ensure that the public health, safety, welfare and convenience are protected and preserved.
      (17)   Class F-6 licenses, which shall authorize the retail sale, give away or other dispensing free of charge, of beer or wine for consumption on the premises of any city-owned property that is operated, used, or occupied by a not-for-profit organization when such retail sale, give away or other dispensing free of charge is incidental and complementary to a special event sponsored by such not-for-profit organization from time to time; provided, however, that, no more than 12 such special events shall be permitted during any license year. In addition to the requirements set forth in this division (A)(15), the applicant shall submit to all other requirements of this chapter, as amended, as well as the State Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq. Any such retail sale, give away or other dispensing free of charge that is incidental and complementary to a special event shall also be subject to the following conditions and limitations.
         (a)   The applicant shall provide written notice to the Commissioner, or the Commissioner’s designee, no less than five business days prior to any special event at which alcoholic liquor will be served. Such notice shall include the date, time, location within the licensed premises, and number of invitees or anticipated attendees for such special event.
         (b)   The applicant shall supervise, or cause to be supervised, the retail sale, give away or other dispensing free of charge of alcoholic liquor, to ensure that such retail sale, give away or other dispensing free of charge of alcoholic liquor is confined to the area(s) within the licensed premises identified in the notice to the Commissioner and is properly monitored to ensure that no underage consumption of alcoholic beverages is permitted. The Liquor Control Commissioner or the Commissioner’s designee may require the applicant to develop appropriate protocols to ensure compliance with this division (A)(15)(b).
         (c)   Unless a specific event is otherwise authorized by resolution of the City Council, the applicant shall not advertise, or otherwise publish the availability of alcoholic liquor through any media or other means of communication; provided, however, that, a mailed invitation for a special event may advertise the availability of beer or wine at such special event.
         (d)   The applicant shall provide evidence to the Local Liquor Control Commission, at the time of its application for a F-6 liquor license, that the licensed premises is covered by dram shop liability insurance in maximum limits so as to hold harmless the city, its elected or appointed officials, officers, employees, agents, representatives and attorneys from all financial loss, damage or harm.
         (e)   In connection with any special event on the licensed premises, the Commissioner may impose such conditions and requirements that may be reasonable or appropriate to ensure that the public health, safety, welfare and convenience are protected and preserved.
      (18)   Class G-1 license, which shall authorize the retail sale of alcoholic liquor by the drink by institutions of higher learning. Such sales shall be limited to periods of time when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquor;
      (19)   Class G-2 license, which shall authorize the retail sale of beer and wine in single servings by institutions of higher learning at designated locations upon the grounds of such institutions and accessible only to the faculty, staff, alumni and students, and pre-registered visitors of such institution of higher learning, and their families and guests, all of whom must be at least 21 years of age for consumption on the licensed premises; limiting the consumption of beer and wine to indoors on the premises provided that:
         (a)   Retail sales of alcoholic liquor at a Class G-2 licensed establishment shall only be authorized to operate between the hours of 5:00 p.m. and 12:00 a.m. daily, 11:00 p.m. Sunday through Thursday, and from 5:00 p.m. to 1:00 a.m. on Fridays and Saturdays; and
         (b)   The license application shall include a detailed plan of the monitoring and security measures, for ensuring that the licensed premises shall be limited to the persons to whom access is limited.
      (20)   Class H license, available only to holders of a valid existing liquor license of any of the foregoing classes. Class H license, which shall authorize the retail sale of alcoholic liquors by catering establishments solely between the hours of 11:00 a.m. and 12:00 a.m., Sunday through Saturday, in connection with, and as an incidental part of, the catering of food for private events at a premises not otherwise licensed for the retail sales of alcoholic beverages. A PRIVATE EVENT shall be defined as an event not available to the general public except by appointment or special invitation. Such Class H licenses shall be of two classifications:
         (a)   Class H-1 licenses, which shall authorize the retail sale of beer and wine at a catered event; and
         (b)   Class H-2 licenses, which shall authorize the retail sale of any alcoholic liquor at a catered event.
      (21)   Class I-1 licenses, which shall authorize any A-4, B-1, C-1, C-2, C-3, D-1, E-1 or F-1 licensee to permit bring-your-own-beverages to be consumed on the licensed premises of the type permitted by the licensee’s license and to impose a corkage fee relating to each container of bring-your-own- beverage of not to exceed $10 per bring-your-own- beverage container.
      (22)   Class I-2 licenses, which shall authorize the service and consumption of bring-your-own-beverages on the licensed premises and shall impose a corkage fee relating to each container of bring-your-own-beverage not to exceed $10 per bring-your-own-beverage container. I-2 licenses shall only authorize the service and consumption of beer and wine. Additionally, the service and consumption of bring-your-own-beverages for purposes of a Class I-2 license shall be deemed the sale of alcoholic liquor for purposes of § 111.043, and I-2 licenses shall only be available to those licensees who are otherwise compliant with the law.
      (23)   Class I-3 licenses, which shall authorize the service and consumption of bring-your-own-beverages on city-owned property that has been rented or reserved by the licensee for fundraising events, festivals, outings, or other similar special events with fewer than 200 people in attendance. In no event Shall an I-3 license be valid for longer than 48 hours. Class I-3 licenses do not permit patrons of a licensed premises to depart the licensed premises with a bring-your-own-beverage unless that beverage is in its original container and with the seal unbroken. I-3 licenses shall only authorize the service and consumption of beer and wine. Additionally, the service and consumption of bring-your-own-beverages for purposes of a Class I-3 license shall be deemed the sale of alcoholic liquor for purposes of § 111.043, but the Commissioner is authorized to waive portions of the required background information and statements found in § 111.043 for I-3 license applicants. I-3 licenses shall only be available to those licensees who are otherwise compliant with the law.
      (24)   Class J license, which shall be an adjunct to the operation of a grocery store that already holds a valid existing liquor license and is operated on the terms and conditions herein specified. A licensee holding a Class J license may sell and serve individual servings of beer and wine for consumption on the premises and not in the original container. Such a license may be issued to and/or retained for use only at an establishment that the Commissioner determines (in the Commissioner’s reasonable discretion) qualifies fully as a grocery store as defined in this chapter.
      (25)   Class K licenses, which shall authorize the service and consumption of wine and beer in the beach area, which shall be approved by the Commissioner. Such wine and beer shall only be served in and consumed from a container approved by the Commissioner. The licensee shall post sufficient signage to identify the borders of the beach area, which signage shall be subject to approval of the Liquor Commissioner. Class K licenses shall only be available to those licensees who are otherwise compliant with the law.
   (B)   Term; prorating fee. Each such license shall terminate April 30 next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.
   (C)   Conditions on licenses. All licenses classifications identified in this section may be subject to additional conditions required by the Commissioner or City Council. The conditions shall be listed on the license and may relate to, security procedures, placement or location of alcoholic liquor on the licensed premises, food service requirements, hours of sale or service, or other matters that affect the health, safety and welfare of the residents of the city.
   (D)   Fee waivers. The Commissioner shall have the authority to waive any fee prescribed herein for any license on city property or any license for an event sponsored by the city or other governmental agency.
(Prior Code, § 4-9)  (Ord. 2013-26, passed 5-20-2013; Ord. 2016-20, passed 4-18-2016; Ord. 2017-14, passed 2-21-2017; Ord. 2017-39, passed 6-19-2017; Ord. 2018-01, passed 1-16-2018; Ord. 2018-25, passed 6-4-2018; Ord. 2018-36, passed 8-5-2018; Ord. 2019-04, passed 1-22-2019)