Any license issued pursuant to this chapter shall be classified as follows and subject to these terms, conditions, restrictions and fees.
(A) Class A - General Retail License.
(1) A Class A license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises, where sold or in original package form for consumption off the licensed premises, where sold and not for resale in any form.
(2) No Class A license shall be issued to any premise located within the village on Main Street between Division Street and Lombard Street; on Lincoln Street between Franklin Street and Dunbar Street; on Elm Street between Franklin Street and Dunbar Street; or on Jefferson Street between Franklin Street and Union Street.
(3) Total gross revenues from video gaming for a Class A licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(4) Any licensee holding a Class A license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(5) Upon the request of the Local Commissioner, any licensee holding a Class A license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(6) The fee for any Class A license shall be $2,000 per year.
(B) Class B - Billiard Hall License.
(1) A Class B license shall authorize the retail sale of beer, hard seltzer, hard cider, and wine only, by the drink for consumption on the licensed premises to patrons in the licensed premises where the premises are used exclusively for billiards business.
(2) No person under the age of 21 shall be permitted in a billiard hall after 10:00 p.m. unless accompanied by a parent or legal guardian.
(3) Total gross revenues from video gaming for a Class B licensee shall not exceed 25% of the total gross revenues from the combined sale of pool games, tangible goods, alcoholic liquor and video gaming in any calendar year.
(4) Any licensee holding a Class B license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(5) Upon the request of the Local Commissioner, any licensee holding a Class B license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(6) The fact that 50% or more of the combined gross revenues is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(7) The fact that 25% or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(8) The fee for any Class B license shall be $1,200 per year.
(C) Class C - Club License.
(1) A Class C license shall be issued only to clubs. A Class C license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a club, where sold to members and guests accompanied by members, and not for resale in any form.
(2) License holders may also permit a patron to store unsealed or partially consumed bottles of wine or alcoholic spirit for the exclusive future use of that patron.
(3) Total gross revenues from video gaming for a Class C licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(4) Any licensee holding a Class C license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(5) Upon the request of the Local Commissioner, any licensee holding a Class C license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(6) The fee for any Class C license shall be $1,500 per year.
(D) Class CA - Caterer's License.
(1) A Class CA license shall be issued only to a bona fide caterer or current holder of another type of liquor license provided for in this chapter. A Class CA license shall authorize the sale at retail of any alcoholic liquor by the drink for service at private parties, weddings or other similar private events which are not open to the general public, at a location other than the premises leased, owned, or otherwise operated by the licensee.
(2) No event catered by a Class CA licensee shall exceed three days in length, nor shall alcoholic liquor be served at such an event for more than eight hours in one day.
(3) The fee for any Class CA license shall be $500 per year, or $200 for the holder of a Class A, C, EC, GC, H, P or R license.
(E) Class EC - Event Center License.
(1) A Class EC license shall only be issued to event centers that do not market themselves primarily as a food service establishment and the sale of alcoholic liquor is incidental to the main purpose of the business. A Class EC license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the premises, where sold and not for resale in any form, and such retail sale must be made by the licensee or agent of the licensee.
(2) License holders may also permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption. A partially consumed bottle of wine that is to be removed from the premises shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent, one-time use, tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron.
(3) Total gross revenues from video gaming for a Class EC licensee shall not exceed 50% of the total gross revenues from the combined sale of tangible goods, tickets, rental fees, food, alcoholic liquor, and video gaming in any calendar year.
(4) Any licensee holding a Class EC license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: tangible goods, tickets, rental fees, food, alcoholic liquor, and video gaming.
(5) Upon the request of the Local Commissioner, any licensee holding a Class EC license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues derived, during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of tangible goods, tickets, rental fees, food, alcoholic liquor, and video gaming.
(6) The fee for any Class EC license shall be $1,000 per year.
(F) Class GC - Golf Course License.
(1) A Class GC license shall be issued only to golf courses comprised of 50 or more acres. A Class GC license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a golf course where sold, including within the clubhouse and from not more than three mobile carts operated on the golf course.
(2) The fee for any Class GC license shall be $2,000 per year.
(G) Class H - Hotel License.
(1) A Class H license shall be issued only to hotels. A Class H license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a hotel, where sold and not for resale in any form.
(2) A Class H license shall authorize the sale at retail of any alcoholic liquor by the drink in a sealed container from a locked liquor cabinet wherein a key to such cabinet is made available only to guests over the age of 21 years for consumption on the licensed premises of a hotel, where sold and not for resale in any form.
(3) Total gross revenues from video gaming for a Class H licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(4) Any licensee holding a Class H license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(5) Upon the request of the Local Commissioner, any licensee holding a Class H license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues derived, during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(6) The fee for any Class H license shall be $2,000 per year.
(H) Class M - Microbrew Pub Restaurant License.
(1) A Class M license shall authorize the sale at retail of any alcoholic liquor manufactured on the licensed premises by the licensee by the drink for consumption on the licensed premises, where sold and/or in original package form for consumption off the licensed premises, where sold and not for resale in any form. A Class M licensee shall hold a valid and proper license issued by the state to manufacture and sell at retail alcoholic liquor (including but not limited to spirits, wine, and beer).
(2) A Class M license shall be issued only to a microbrew pub restaurant having a minimum seating capacity of 25 seats at tables or booths. A Class M license shall also authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a microbrew pub restaurant, where sold and not for resale in any form.
(3) 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.
(4) Any sale of alcoholic liquor directly to consumers shall only be made during periods of time that food is prepared and served on the licensed premises of a microbrew pub.
(5) Total gross revenues from the sale of alcoholic liquor sold by the drink for consumption on the licensed premises by a microbrew pub restaurant having a Class M license shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor in any calendar year, excluding alcoholic liquor manufactured on the licensed premises and sold through wholesale.
(6) Public consumption of beer and alcoholic liquor shall not occur in any portion of the licensed premises used for beer manufacturing, storage and/or shipping, except during supervised tours and private parties.
(7) Total gross revenues from video gaming for a Class M licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor sold by the drink for consumption on the licensed premises and video gaming in any calendar year.
(8) Any licensee holding a Class M license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor (broken down by whether sold for consumption on the licensed premises or sold for consumption off the licensed premises), and video gaming.
(9) Upon the request of the Local Commissioner, any licensee holding a Class M license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor (broken down by whether sold for consumption on the licensed premises or sold for consumption off the licensed premises), and video gaming.
(10) The fact that 50% or more of the combined gross revenues is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(11) The fact that 50% or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(12) The fee for any Class M licensee shall be $2,500 per year.
(I) Class N - Salon and Spa License.
(1) A Class N license shall authorize the complimentary dispensing or sale at retail of beer, hard seltzer, hard cider, and wine only, by the drink for consumption on the licensed premises to patrons in the licensed premises where the premises are used exclusively for salon or spa services and in which the sale of alcohol is secondary and incidental.
(2) Customers and patrons shall not be served alcoholic beverages unless receiving contemporaneous salon or spa services from the license holder and shall not be served more than three alcoholic beverages during such period of time. Each serving is limited to no more than a six-ounce glass of wine or a twelve-ounce glass of beer, seltzer, or cider.
(3) No live entertainment of any nature shall be permitted on the specified premises.
(4) No window or any other external signage shall be permitted on the specified premises or surrounding property that indicates directly or indirectly that alcoholic liquor or gaming is available for retail sale at the specified premises, including the use of words associated with alcohol or gaming.
(5) Total gross revenues from the sale of alcohol shall not exceed 10% of the total gross revenues from the combined sale of all services, tangible goods, and alcoholic liquor in any calendar year.
(6) Total gross revenues from video gaming for a Class N licensee shall not exceed 10% of the total gross revenues from the combined sale of all services, tangible goods, alcoholic liquor, and video gaming in any calendar year.
(7) Any licensee holding a Class N license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food and tangible goods, total alcoholic liquor (with wine sales listed as a sub-category), and video gaming.
(8) Upon the request of the Local Commissioner, any licensee holding a Class N license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: food and tangible goods, total alcoholic liquor (with wine sales listed as a sub-category), and video gaming.
(9) The fact that 10% or more of the combined gross revenues is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a beauty/hair salon, nail salon, or spa within the meaning of this chapter.
(10) The fact that 10% or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a beauty/hair salon, nail salon, or spa within the meaning of this chapter.
(11) The fee for any Class N license shall be $750 per year.
(J) Class OC - Outdoor Cafe License.
(1) A Class OC license shall authorize a person holding a Class A, B, H, M, R-1, R-2, or S license to sell at retail any alcoholic liquor by the drink for consumption on the licensed premises where sold and not for resale in any form, within a designated outdoor area adjacent to the premises during the hours of 11:00 a.m. to 1:00 a.m., Monday through Saturday, and 12:00 noon to 1:00 a.m. on Sunday.
(2) During the times when alcoholic liquor may be served under the Class OC license, the licensee shall not allow or permit any customer, employee, or other person to remove alcoholic liquor from the area designated in the outdoor cafe permit or the service premises of the licensee.
(3) The outdoor cafe area shall be subject to all provisions of this chapter as though the outdoor cafe area was part of the licensee's service premises during the times permitted by this section for alcoholic liquor sales.
(4) The fee for any Class OC license shall be $200 per year.
(K) Class P - Package Liquor License.
(1) A Class P license shall authorize the sale at retail of any alcoholic liquor in original package form for consumption off the licensed premises, where sold and not for resale in any form.
(2) Samples of alcoholic liquor may from time to time be served on the licensed premises of a Class P licensee with the prior permission of the Local Commissioner.
(3) The fee for any Class P license shall be $2,000 per year.
(L) Class PR - Package Sales Rider.
(1) A Class PR rider shall authorize the sale at retail of any alcoholic liquor manufactured on the licensee's premises, or on a premise that is substantially owned and operated by the same licensee, in original, sealed package form for consumption off the licensed premises, where sold and not for resale in any form.
(2) A Class PR rider may be issued to the holder of any valid Class R-1 or R-2 restaurant license issued by the village.
(3) The revenues generated from package sales under a Class PR rider shall not be included in the calculation of “total gross revenues” for the purpose of determining eligibility for or compliance with a license type.
(4) The fee for any Class PR rider shall be $500 per year.
(M) Class PS - Package Specialty License.
(1) A Class PS alcoholic liquor license shall authorize the sale at retail of only specialty agricultural wine and mead in original package form for consumption off the licensed premises, where sold and not for resale in any form.
(2) For the purposes of this license, an agricultural wine and mead can additionally be fermented with fruit juice for added flavoring.
(3) The sale of agricultural wine and mead cannot be the principal business purpose for the retail licensee.
(4) Samples of alcoholic liquor may from time to lime be served on the licensed premises of a Class PS licensee with the prior permission of the Local Commissioner.
(5) The fee for any Class PS license shall be $500 per year.
(N) Class R-1 - Restaurant License.
(1) A Class R-1 license shall be issued only to restaurants having a seating capacity of 49 or fewer seats at tables or booths exclusive of any seats at or within any lounge, bar or drink rail area. A Class R-1 license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a restaurant where sold and not for resale in any form.
(2) Any sale of alcoholic liquor shall only be made during periods of time that food is prepared and served on the licensed premises of a restaurant.
(3) Total gross revenues from the sale of alcoholic liquor by a restaurant having a Class R-1 license shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor in any calendar year.
(4) Total gross revenues from video gaming for a Class R-1 licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(5) Any licensee holding a Class R-1 license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(6) Upon the request of the Local Commissioner, any licensee holding a Class R-1 license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of lime as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(7) The fact that 50% or more of the combined gross revenues is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(8) The fact that 50% or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(9) The fee for any Class R-1 license shall be $1,500 per year.
(O) Class R-2 - Restaurant License.
(1) A Class R-2 license shall be issued only to restaurants having a minimum seating capacity of 50 seats at tables or booths exclusive of any seats at or within any lounge, bar, or drink rail area. A Class R-2 license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises of a restaurant, where sold and not for resale in any form.
(2) Any sale of alcoholic liquor shall only be made during periods of time that food is prepared and served on the licensed premises of a restaurant.
(3) Total gross revenues from the sale of alcoholic liquor by a restaurant having a Class R-2 license shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor in any calendar year.
(4) Total gross revenues from video gaming for a Class R-2 licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(5) Any licensee holding a Class R-2 license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food, alcoholic liquor, and video gaming.
(6) Upon the request of the Local Commissioner, any licensee holding a Class R-2 license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of lime as may be designated by the Local Commissioner, from each of the following categories: the sale of food, sale of alcoholic liquor, and video gaming.
(7) The fact that 50% or more of the combined gross revenues is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(8) The fact that 50% or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
(9) The fee for any Class R-2 license shall be $2,500 per year.
(P) Class S - Specialty Retail License.
(1) A Class S license shall authorize the sale at retail of any alcoholic liquor by the drink for consumption on the licensed premises, where sold or in original package form for consumption off the licensed premises, where sold and not for resale in any form. The sale of wine is the primary purpose of alcohol sales for a specialty retail licensee but shall not be exclusive.
(2) License holders may also permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption. A partially consumed bottle of wine that is to be removed from the premises shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent, one-time use, tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron.
(3) Total gross revenues from the sale of wine, food, and tangible goods for a Class S licensee shall be at least 40% of the total gross revenues from the combined sale of all food and tangible goods and alcoholic liquor in any calendar year.
(4) Total gross revenues from video gaming for a Class S licensee shall not exceed 50% of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming in any calendar year.
(5) Any licensee holding a Class S license shall file with the Local Commissioner on or before May 1 and November 1 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the total gross revenue for the previous six months in each of the following categories: food and tangible goods, total alcoholic liquor (with wine sales listed as a sub-category), and video gaming.
(6) Upon the request of the Local Commissioner, any licensee holding a Class S license shall be required to provide a report prepared by a certified public accountant which certifies the gross revenues, derived during such period of time as may be designated by the Local Commissioner, from each of the following categories: food and tangible goods, total alcoholic liquor (with wine sales listed as a sub-category), and video gaming.
(7) The fee for any Class S license shall be $1,500 per year.
(Q) Class Y - Conditional BYOB License.
(1) A Class Y license shall authorize customers of the licensee to consume alcoholic liquor which has been brought onto the licensed premises by the customer for the customer and customer's companions' personal consumption while purchasing goods or services from the licensee, subject to the following conditions and restrictions:
(a) The licensee may provide customers with glassware, ice, and other service accessories related to the consumption of alcoholic liquors;
(b) The licensee, its employees, and agents, may open, but shall not serve, pour, store, or dispose of any alcoholic liquor for such customers; and
(c) It shall be unlawful for licensee, its employees, and agents, to allow any person to leave the licensed premises with open alcoholic liquor, unless customers remove open containers of alcoholic liquor from the licensed premises in compliance with Illinois law.
(2) The fee for a Class Y license shall be $250 per year.
(Ord. 07-05-01, passed 5-22-2007; Ord. 11-12-01, passed 12-13-2011; Ord. 13-07-01, passed 7-9-2013; Ord. 14-06-03, passed 6-24-2014; Ord. 15-11-08, passed 11-24-2015; Ord. 17-04-03, passed 4-25-2017; Ord. 19-12-14, passed 12-17-2019; Ord. 20-07-02, passed 7-28-2020; Ord. 21-03-01, passed 3-23-2021; Ord. 22-10-01, passed 10-25-2022; Ord. 24-01-01, passed 1-23-2024)