Section
General Provisions
111.01 Definitions
111.02 Local Liquor Commissioner, issuance authority
111.03 License required to sell liquor
111.04 Applications for licenses
111.05 When license shall not be issued
111.06 Change of licensee, change of premises
111.07 Termination of license
111.08 Fees to be paid to municipality
111.09 Number of licenses to be issued
111.10 Record to be kept of licenses issued
111.11 Duration of license
111.12 Renewal of license
111.13 Closing hours
111.14 Restaurants, clubs, closing hours
111.15 Regulations and prohibited activities for licensed premises
111.16 Revocation of license
111.17 Age of employees
111.18 Health, sanitation and inspection requirements
111.19 Manager’s license
111.20 Responsibilities of licensee
111.21 Additional restrictions on hiring persons under 21 years of age
111.22 Revocation order not stayed by appeal
111.23 Appeal of findings of Local Liquor Commissioner limited to official record
111.24 Assessment of costs of hearings
111.25 Additional required fees
License Classifications
111.35 Licenses to be divided into groups
111.36 Class “A” license
111.37 Class “B” license
111.38 Class “C” license
111.39 Class “C-1” license
111.40 Class “D” license
111.41 Class “E” license; conditions
111.42 Class “E-1” license
111.43 Class “F” license
111.44 Class “F-1” license
111.45 Class “G” club license
111.46 Class “H” license
111.47 Class “I” license
111.48 Class "J" license
111.49 Class "J-V" license
111.50 Automatic reduction of license classification
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 0.50% or less of alcohol by volume.
CLUB. A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with suitable and adequate kitchen and dining room space and equipment, and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided that such club files with the President at the time of its application for a license under this chapter two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member his or her name and address; and provided that its affairs and management are conducted by a Board of Trustees, Executive Committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent or employee of the club is paid or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting of the members or by its Board of Directors, or other governing body, out of the general revenue of the club.
HOTEL. Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed, and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith, and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
RETAIL SALE. The sale for use or consumption, and not for resale.
(2000 Code, § 111.01)
There is hereby created the office of Liquor Commissioner, who shall be the Village President, with all of the powers and duties as established by state statute, this village code and any other village ordinance, resolution or regulation. The Liquor Commissioner shall receive an annual salary as established by the Board of Trustees. A license for the sale of alcoholic liquor shall be issued by the Liquor Commissioner, subject to the provisions of this chapter relating to licenses in general.
(Ord. 4071, passed 9-20-2010)
(A) It shall be unlawful to sell or offer for sale at retail in the municipality any alcoholic liquor without having a retail liquor dealer’s license.
(B) It shall be unlawful for a licensee to permit the on-site management to be conducted by someone other than an owner, partner(s), or in the case of a corporation, an officer, director or stockholder holding 5% or more of the shares of the corporation, unless such manager has the same qualifications as the licensee including residency of this state.
(2000 Code, § 111.02) (Ord. 4071, passed 9-20-2010) Penalty, see § 10.99
(A) All applications for retail liquor dealer’s licenses shall be accompanied by a payment of a $200 non-refundable pre-application fee.
(B) The application shall be made to the Liquor Commissioner in writing, signed by the applicant if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
(1) The name, date of birth and address of the applicant in the case of an individual; in the case of a partnership, the names, dates of birth and addresses of all the persons entitled to share in the profits thereof; and in the case of a corporation or club, the date of incorporation, the purpose for which it was organized, the names, dates of birth and addresses of the officers, directors and all stockholders owning more than 5% of the outstanding stock of the corporation;
(2) The citizenship of the applicant, his or her place of birth, and if a naturalized citizen, the time and place of his or her naturalization;
(3) A description of the business conducted by the applicant for the two years immediately prior to the date of his or her application;
(4) The address and description of the premises at which the applicant proposes to sell alcoholic liquor;
(5) A statement that the applicant is the owner of the premises at which he or she proposes to sell alcoholic liquor under a license issued pursuant to this chapter, or that he or she has a lease on said premises for the full period for which the license is to be issued. The Liquor Commissioner may, as a condition to the issuance of a license, require evidence of applicant’s ownership or leasing of such premises, including, but not limited to, title policies, deeds and executed leases;
(6) Proof of adequate insurance coverage for dram shop, liability, worker’s compensation, tenant or owners insurance for the premises and equipment;
(7) Whether the applicant has applied elsewhere for a liquor license, and the full particulars with respect to the disposition of such other application(s);
(8) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or provision contained in the laws of this state, or this chapter. Applicants are subject to a criminal background investigation to determine eligibility for such license. The authorization for such is deemed granted by the execution of the application. The investigatory agency shall furnish all records of convictions, unless expunged, to the Liquor Commissioner;
(9) Whether a previous license by any state or subdivision thereof, or by a federal government, has been revoked, and the reasons therefor;
(10) A statement that the applicant will not violate any state, federal or local laws in the conduct of his or her place of business; and
(11) Such other information as the Liquor Commissioner may require including, but not limited to, fingerprinting.
(2000 Code, § 111.03) (Ord. 4071, passed 9-20-2010)
No license shall be issued to:
(A) A person who is not a resident of the municipality;
(B) A person who is not of good character and reputation of the community in which he or she resides;
(C) A person who is not a citizen of the United States;
(D) A person who has been convicted of a felony under any federal or state law;
(E) A person who has been convicted of being the keeper of or is keeping a house of ill fame;
(F) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(G) A person whose license issued under this chapter has been revoked for cause;
(H) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license on a first application;
(I) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license;
(J) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision;
(K) A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of the licensee;
(L) A person who has been convicted of a violation of a federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this chapter, or shall have forfeited his or her bond to appear in court to answer charges for any such violation;
(M) A 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;
(N) Any law-enforcing public officials, including, but not limited to, any President or the Board of Trustees or any President or member of a County Board; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;
(O) Any person, association or corporation not eligible for a state retail liquor dealer’s license;
(P) A person who knowingly files false or incomplete information on a liquor license application;
(Q) A limited liability corporation if the manager would not be eligible to receive a license for any reason other than residency within this state;
(R) A corporation unless incorporated in this state;
(S) A person convicted of drug related crimes, whether felony or misdemeanor;
(T) A person who is not the owner of the business;
(U) A person, partnership or corporation with a federal wagering stamp; and
(V) An applicant who owes a debt to the village.
(2000 Code, § 111.04) (Ord. 596, passed 2-3-1964; Ord. 4071, passed 9-20-2010)
(A) Any change in licensee information shall be reported to the Liquor Commissioner within 30 days.
(B) A person licensed pursuant to this chapter is authorized to sell alcoholic liquor only at the premises, place or location described in the application and license.
(C) If the licensee desires to change the location of the licensed establishment, the licensee shall, prior to occupying or using the changed location to conduct any activity regulated under this chapter, obtain a new liquor license from the Liquor Commissioner in accordance with the requirements of this chapter. It shall be unlawful for a licensee to conduct any activity regulated under this chapter at a changed location without first having obtained a new liquor license for that location.
(D) (1) If the licensee expands the licensed establishment, the licensee shall, prior to occupying or using the expanded space for any activity regulated under this chapter, file an expanded establishment amended liquor license application.
(2) The application shall include:
(a) A copy of the building plans for the expanded establishment;
(b) The proposed floor plan;
(c) An estimate of the occupancy of the premises for which the expanded establishment amended liquor license is sought; and
(d) Any other information that the Liquor Commissioner may require to determine whether the expansion of the licensed establishment complies with the requirements of this code.
(3) It shall be unlawful for a licensee to conduct any activity regulated under this chapter in any expanded space at a licensed establishment without first having obtained an amended liquor license.
(4) For purposes of this division (D), the term EXPAND or EXPANSION or EXPANDED ESTABLISHMENT means any increase in the square footage of the area of an establishment where liquor is offered for sale, or sold to, or served to, or consumed by members of the general public. The term EXPAND or EXPANSION or EXPANDED ESTABLISHMENT does not include the mere reconfiguration of existing space as described in the original or renewal license application.
(Ord. 4071, passed 9-20-2010)
(A) All licenses shall terminate on April 30, next following its issuance. The annual fee shall be paid in full for all or any part of the year ending April 30.
(B) All licenses issued pursuant to this chapter shall be issued for the full year, and there shall be given to the village a bond conditioned for the payment of the license fee with sufficient sureties to be approved by the President and Board of Trustees. The sureties shall be held responsible for any unpaid license fee on the part of the licensee.
(2000 Code, § 111.05) (Ord. 596, passed 2-3-1964; Ord. 1138, passed 4-5-1982)
The fees shall be paid to the President at the time application is made, and shall be turned over to the Treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Board of Trustees by prior action.
(2000 Code, § 111.06) (Ord. 596, passed 2-3-1964)
There shall be issued by the village not more than the following number of each class of liquor license:
Class | Number |
Class | Number |
“A” | 0 |
“B” | 2 |
“C” | 6 |
“C-1” | 0 |
“D” | 11 |
“E” | 0 |
“E-1” | 2 |
“F” | 2 |
“F-1” | 1 |
“G” | 1 |
“I” | 1 |
"J" | 1 |
"J-V" | 1 |
(2000 Code, § 111.07) (Ord. 1701, passed 5-4-1998; Ord. 1711, passed 11-16-1998; Ord. 1744, passed 9-20-1999; Ord. 1795, passed 3-19-2001; Ord. 1797, passed 4-2-2001; Ord. 1815, passed 6-18-2001; Ord. 1823, passed 9-17-2001; Ord. 1825, passed 10-15-2001; Ord. 1836, passed 3-4-2002; Ord. 1838, passed 4-1-2002; Ord. 1916, passed 5-19-2003; Ord. 1948, passed 1-5-2004; Ord. 1966, passed 3-1-2004; Ord. 2040, passed 6-6-2005; Ord. 2058, passed 11-21-2005; Ord. 2094, passed 1-16-2007; Ord. 3050, passed 3-17-2008; Ord. 3083, passed 12-1-2008; Ord. 3085, passed 12-15-2008; Ord. 4003, passed 6-1-2009; Ord. 4005, passed 7-20-2009; Ord. 4035, passed 2-16-2010; Ord. 4041, passed 5-3-2010; Ord. 4106, passed 6-20-2011; Ord. 4143, passed 1-17-2012; Ord. 4146, passed 2-21-2012; Ord. 4157, passed 5-14-2012; Ord. 4171, passed 11-5-2012; Ord. 4178, passed 1-22-2013; Ord. 4179, passed 1-22-2013; Ord. 4192, passed 6-3-2013; Ord. 4193, passed 6-3-2013; Ord. 4196, passed 7-1-2013; Ord. 4210, passed 12-17-2013; Ord. 4212, passed 12-16-2013; Ord. 4213, passed 1-21-2014; Ord. 4214, passed 1-21-2014; Ord. 4216, passed 3-17-2014; Ord. 4217, passed 3-17-2014; Ord. 4234, passed 6-9-2014; Ord. 4239, passed 8-18-2014; Ord. 4252, passed 3-2-2015; Ord. 4277, passed 7-20-2015; Ord. 4290, passed 10-19-2015; Ord. 4291, passed 10-19-2015; Ord. 4293, passed 11-16-2015; Ord. 4309, passed 3-21-2016; Ord. 4324, passed 10-17-2016; Ord. 4326, passed 12-19-2016; Ord. 4339, passed 4-24-2017; Ord. 4347, passed 7-17-2017; Ord. 4349, passed 8-21-2017; Ord. 4356, passed 2-20-2018; Ord. 4390, passed 7-22-2019; Ord. 4391, passed 7-22-2019; Ord. 4409, passed 3-17- 2020; Ord. 4415, passed 5-18-2020; Ord. 4420, passed 7-20-2020; Ord. 4424, passed 9-21-2020; Ord. 4431, passed 11-16-2020; Ord. 4432, passed 11-16-2020; Ord. 4433, passed 11-16-2020; Ord. 4435, passed 12-14-2020; Ord. 4436, passed 12-14-2020; Ord. 4447, passed 4-26-2021)
The President shall keep or cause to be kept a complete record of all such licenses issued by him or her; and shall furnish the Village Clerk, Treasurer, Chief of Police and the License Committee each with a copy thereof. On the issuance of any new license or the revocation of any old license, the President shall give written notice of the action to each of these officers within 48 hours of the notice.
(2000 Code, § 111.08) (Ord. 596, passed 2-3-1964)
A license shall be and is purely a personal privilege good and valid for not more than one year after issuance, unless sooner revoked as provided in § 111.16. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. A license shall not descend by the laws of testacy or intestate devolution, but it shall cease on the death of the licensee; provided that the executor or administrator of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of a license hereunder and of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased, insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
(2000 Code, § 111.09) (Ord. 596, passed 2-3-1964)
(A) Any licensee may renew his or her license at the expiration thereof, provided he or she is then qualified to receive a license, and the premises for which such renewal license is sought are suitable for such purposes. The renewal privilege provided for herein shall not be construed as a vested right which shall prevent the President from decreasing the number of licenses to be issued within his or her jurisdiction.
(B) Applications for renewal may be made on application forms to be supplied by the Village Clerk, which forms need not contain all of the information required on an original application for initial license. Said renewal applications shall, however, include a statement under oath by the license holder requesting a renewal that there have been no changes whatsoever in the circumstances of the renewal applicant or in the operation of the subject business, which would change the answers to any of the questions originally answered in the original application on file with the village. Such form may require such additional information as the Liquor Control Commissioner may deem necessary.
(C) Whenever there has been a change in circumstances in regard to the renewal applicant or the operation of the business currently being licensed, a new complete application shall be filed prior to issuance of a renewal of any existing license. In the event that any license holder desires to apply for a different classification of liquor license, such applicant shall be required to complete and file a new complete application as if he or she were a new applicant.
(2000 Code, § 111.10) (Ord. 1585, passed 2-21-1995)
(A) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the village between the hours of 1:00 a.m. and 5:00 a.m., except on Sunday, as provided in division (B) below. However, it shall be lawful for holders of Class “A” and “Club” licenses to sell or offer for sale at retail any alcoholic liquor in the village until 2:00 a.m. on Saturday. Any extension of the hours to sell or offer for sale any alcoholic liquor at retail shall only be permitted upon approval of the Village Board.
(B) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the village between the hours of 3:00 a.m. and 12:00 p.m. on Sunday. However, it shall be lawful for holders of Class “F” license to sell or offer for sale at retail any alcoholic liquor in the village beginning at 10:00 a.m. on Sunday.
(2000 Code, § 111.11) (Ord. 4071, passed 9-20-2010; Ord. 4233, passed 5-12-2014) Penalty, see § 10.99
It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited, provided that in the case of restaurants, clubs and hotels, such establishments may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.
(2000 Code, § 111.12) (Ord. 596, passed 2-3-1964) Penalty, see § 10.99
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