Every person, firm or corporation engaged in the retail sale of alcoholic liquor in the Village shall pay an annual license fee. Video gaming shall only be allowed in licensed establishments issued a Class A-V, AA-V, C-V, D-V, or E-V license, in accordance with the regulations of this section and division 134.08(C) of this Code. The Village’s liquor license classes are as follows:
Class A: Licenses which shall authorize the sale on the premises specified, of alcoholic liquor for consumption on the premises. The annual license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class A-V: Licenses which shall authorize the sale on the premises specified, of alcoholic liquor for consumption on the premises, and allow the operation of video gaming pursuant to and in accordance with the requirements of division 134.08(C) of this Code. The annual license fee shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class AA: Licenses which shall authorize the sale of alcoholic liquor on the premises specified, either for consumption on the premises by the drink, or off the premises where sold in the original package. The annual license fee shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class AA-V: Licenses which shall authorize the sale of alcoholic liquor on the premises specified, either for consumption on the premises by the drink, or off the premises where sold in the original package, and allow the operation of video gaming pursuant to and in accordance with the requirements of division 134.08(C) of this Code. The annual license fee shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class B: Licenses which shall authorize the sale of alcoholic liquor in original packages and not for consumption on the premises where sold. The annual license fee shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class BYOB: Licenses which shall permit the consumption of beer and wine only that is brought onto the licensed premises of a restaurant or eating place engaged primarily in selling and serving food by a patron for personal consumption on the premises as a complement to the purchase and consumption of a meal on the premises. The following conditions apply to Class BYOB licenses:
(A) The licensee shall not allow or permit any persons under the age of 21 to consume any alcoholic liquor on the premises, and licensees shall be liable for violations of this chapter in the same manner as the holder of any other liquor license classification, including, without limitation, violations for serving minors and serving intoxicated patrons;
(B) The licensee shall maintain and operate a commercial kitchen on the premises where meals are actually and regularly prepared and offered principally for purchase and consumption on the premises;
(C) The licensee shall only permit consumption of beer and wine on the premises in conjunction with the purchase and consumption of a meal on the premises;
(D) The licensee shall only allow consumption of beer and wine when the kitchen is open and serving meals to the general public for consumption on the premises;
(E) Meal service and beer and wine consumption may only occur during the hours specified in section 111.37 of this chapter;
(F) Patrons may only bring unopened bottles of beer and wine onto the premises;
(G) No more than 36 ounces of beer per patron over the age of 21 or no more than 750 milliliters of wine per patron over the age of 21 shall be permitted to be brought onto the premises;
(H) Not more than 1 bottle of beer or wine per patron over the age of 21 shall be permitted to be open at any time;
(I) The licensee shall provide glassware and ice to patrons and shall uncork any bottle of beer or wine, pour it, and control its consumption;
(J) The licensee may charge a reasonable corkage fee for each bottle of beer or wine brought onto the premises;
(K) All employees performing corkage duties shall: 1) be at least 19 years old; 2) be BASSETT trained; 3) serve the beer or wine as if it was purchased on the premises; and 4) comply with all State and local service laws;
(L) It is unlawful for any person to carry, transport, or possess alcoholic liquor in an unsealed and open condition;
(M) The licensee shall hold harmless the Village, its elected and appointed officials, officers, employees, agents, and representatives from any and all claims or causes of action arising out of the consumption of alcoholic liquor on the premises;
(N) The licensee must obtain and maintain dram shop insurance or an equivalent in a form and amount approved by the Village;
(O) The annual fee for each BYOB license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code; and
(P) Establishments that possess a valid liquor license issued by the Village pursuant to this chapter are ineligible to apply for or receive a BYOB license.
Class C: For organized clubs, permitting sales to members and guests only, the annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class C-V: For organized clubs, permitting sales to members and guests only, the annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code. Video gaming will be permitted in a licensed establishment with this license pursuant to and in accordance with the requirements of division 134.08(C) of this Code.
Class D: Licenses which shall authorize the sale of alcoholic liquor in the original package for consumption on the premises of a restaurant, hotel/motel, or bowling alley. The annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class D-V: Licenses which shall authorize the sale of alcoholic liquor in the original package for consumption on the premises of a restaurant, hotel/motel, or bowling alley, and allow the operation of video gaming pursuant to and in accordance with the requirements of division 134.08(C) of this Code. The annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class E: Licenses which shall be issued only to restaurants and eating places engaged primarily in selling and serving food. This license shall authorize the retail sale of beer and wine (and no other alcoholic liquor) for consumption on the premises only. Sale and service of such beer and/or wine must be by the licensee or an employee of the licensee at tables only. No beer or wine may be sold or served to customers of the licensee at a bar. The annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class E-V: Licenses which shall be issued only to restaurants and eating places engaged primarily in selling and serving food. This license shall authorize the retail sale of beer and wine (and no other alcoholic liquor) for consumption on the premises only, and allow the operation of video gaming pursuant to and in accordance with the requirements of division 134.08(C) of this Code. Sale and service of such beer and/or wine must be by the licensee or an employee of the licensee at tables only. No beer or wine may be sold or served to customers of the licensee at a bar. The annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class E-1: Licenses which shall authorize the retail sale of beer and wine (and no other alcoholic liquor) to residents and their invited guests at an independent living and/or assisted living facility for consumption only and during those times when food is served on the premises, which excludes the serving of snacks as the primary meal. A cafeteria type operation that serves meals may qualify for a Class E-1 license issued hereunder if other applicable provisions of this chapter are met and permit. The annual license fee shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class F: Licenses which shall authorize the retail sale of beer and wine (and no other alcoholic liquor) but not for consumption on the premises where sold. The annual fee for each such license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class G: A Class G special event license shall authorize the sale, consumption, or service of alcoholic liquor at a special community public event sponsored by a local civic, fraternal, government, religious, or educational organization. A Class G license application must be filed with the Village Clerk at least 5 days prior to the special event. A Class G license shall be a temporary license issued only for the event or events specified in the application and shall be valid only for the dates, times, and location approved in the license. At the discretion of the Liquor Commissioner, Class G licenses may be issued for multiple special public events. The per day fee for each such temporary license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
Class H: A class H special event license shall authorize the consumption or service of alcoholic liquor at a one-day special event offered by an existing retail or service establishment that would not otherwise qualify for a liquor license. A class H license application must be filed with the village clerk at least five (5) days prior to the special event. A class H license is a temporary license issued only for the event specified in the application and is valid only for the date, time, and location approved in the license. At the discretion of the liquor commissioner, class H licenses may be issued for multiple special public events, provided, however, that no more than one class H license may be issued to any one establishment within a six month period. The per day fee for each such temporary license shall be in the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code.
(1968 Code § 46.06) (Ord. 57-0-17, passed 8-14-1959; Am. Ord. 72-0-197, passed 1-10-1972; Am. Ord. 73-0-231, passed 4-24-1973; Am. Ord. 75-0-303, passed 9-8-1975; Am. Ord. 78-0-371, passed 8-28-1978; Am. Ord. 86-8-611, passed 8-11-1986; Am. Ord. 88-7-693, passed 7-25-1988; Am. Ord. 90-4-737, passed 4-9-1990; Am. Ord. 01-3-1233, passed 3-12-2001; Am. Ord. 06-1-1520, passed 1-9-2006; Am. Ord. 14-2-1949, passed 2-24-2014; Am. Ord. 17-2-2064, passed 2-13-2017; Am. Ord. 17-9-2089, passed 9-25-2017; Am. Ord. 20-1-2151, passed 1-27-2020; Am. Ord. 22-12-2246, passed 12-12-2022; Am. Ord. 23-10-2276, passed 10-23-2023)