(A) In premises on which the sale of alcoholic liquor for consumption on the premises is licensed, other than a restaurant, hotel or club, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or on the doors of such licensed premises, nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times. No booth, screen, partition or other obstruction, nor any arrangement of lights or lighting, shall be permitted in or about the interior of such premises from the street, road or sidewalk. Said premises must be so located that there shall be a full view of the entire interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be willfully obscured or permitted to be obscured by the licensee, or in any manner obstructed, then such license shall be subject to revocation in the matter herein provided. In order to enforce the provisions of this section, the President shall have the right to require the filing with him or her of plans, drawings and photographs showing the clearance of the view as above required.
(B) (1) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to sell, give or deliver alcoholic liquor to any person under the age of 21 years. It shall be unlawful for any person having been issued a license or such licensee’s employee to permit any person under 21 years of age to enter or remain within the licensed premises after 10:00 p.m., unless the licensed premises has a food service in operation after 10:00 p.m. and such person under the age of 21 years is accompanied by a parent or legal guardian. It shall be unlawful for any licensee, or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under the age of 21 years to tend bar or to draw, pour or mix any alcoholic liquor.
(2) The provisions of this section shall not be construed to prevent the employment of persons who are at least 18 years of age as waiters, waitresses, hosts or hostesses in restaurants or hotels for the purpose of serving food and alcoholic liquor in the licensed retail premises. All licensees operating restaurants, hotels or clubs, shall have present upon the premises at any time alcoholic liquor is being served a person, not under the age of 25 years, who will be responsible for the direction, management or supervision of the business and/or its employees. It shall be unlawful for any licensee or any agent or employee of any licensee holding a retail liquor license authorizing the sale of alcoholic liquor not for consumption on the premises to permit any employee under the age of 21 years or any customer of any age to register, by mechanical means, the sale of any alcoholic liquor, including beer and wine.
(C) No licensee or employee of a licensee shall:
(1) Solicit, induce or request any patron of the licensed establishment to purchase any alcoholic or nonalcoholic beverage for himself or herself or any other employee of the licensed establishment; or
(2) Knowingly serve to any employee any alcoholic or nonalcoholic beverage which was purchased by any patron.
(D) No licensee shall conduct business until such business has obtained a license for a manager which manager shall be the designated representative of the licensee in all matters relating to the village and the liquor license.
(E) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to divide a manufacturer’s package containing more than one can or bottle of beer, malt liquor or ale, in order to sell an individual can or bottle, except for consumption on the licensed premises.
(F) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of a licensee to sell, give, offer or expose for sale, or deliver an individual can or bottle of beer, malt liquor or ale with a capacity of 16 ounces or less, except for consumption on the licensed premises.
(G) No person shall possess or consume any alcoholic beverage, in or at any public park or park land within the village, unless specifically as a part of a group or organization registered with the village through a reservation of the park area in accordance with the rules and procedures of the Park Department.
(H) No person shall be in possession of any glass, can or open container containing alcoholic liquor on any public street, thoroughfare, public or private parking lot or any other public way and place unless there is an appropriate permit issued by the village.
(I) No person, firm or corporation licensed to sell alcoholic liquor, or his or her employees or agents, shall permit any person to remove from such premises, any alcoholic liquor in any open container, unless properly sealed.
(J) No person shall have in his or her possession an open container containing alcoholic liquor within or on a motor vehicle, including motorcycles, while parked or standing on a public street or public parking lot in the village, or while such vehicle is in motion.
(K) Sign required.
(1) All premises licensed for the sale of alcoholic liquor shall post a notice at each exit stating:
NO BEER, LIQUOR OR WINE MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING. |
(2) Each such sign shall be plainly visible and shall state in letters at least one inch in height.
(L) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business.
(M) No licensee shall permit or allow any illegal activity on the licensed premises. It is the affirmative duty of a licensee, agent or employee to report promptly to the Police Department all illegal activity reported to or observed by the licensee on or within sight of the licensed premises; to answer fully and truthfully all questions of an identified police officer who inquires or investigates concerning persons or events in or around the licensed business; to cooperate with the police in any such inquiry or investigation, including the giving of oral or written statements to the police at reasonable times and locations in the course of investigations; and to sign a complaint against any person whom the licensee observes in any illegal conduct or activity on or within sight of the licensed premises.
(N) Transfer, possession and consumption of alcoholic liquor; restrictions.
(1) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his or her possession.
(2) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(3) No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.
(4) No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section.
(5) The consumption of alcoholic liquor by any person under 21 years of age is unlawful.
(6) It shall be unlawful for any person to rent, lease or sign a contract for the use of a public sleeping unit, hotel or motel room and knowingly permit a gathering in that unit or room of two or more persons under the age of 18 years of age where alcoholic liquor is possessed or consumed by said minors.
(7) The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this section.
(2000 Code, § 111.13) (Ord. 4071, passed 9-20-2010; Ord. 4127, passed 11-21-2011; Ord. 4299, passed 2-16-2016) Penalty, see § 10.99