CHAPTER 114: LIQUOR CONTROL
Section
General Provisions
   114.01   Short title
   114.02   Adoption of state liquor control act
   114.03   Definitions
   114.04   Public possession, consumption of alcoholic liquor
   114.05   Publication and availability of regulations
Licenses and Permits
   114.15   Local Liquor Control Commissioner and powers
   114.16   License or permit required
   114.17   Applications
   114.18   Application fee and conditions to granting license or permit
   114.19   Insurance
   114.20   Grant of license or permit by Commissioner
   114.21   Restriction of license or permit
   114.21.1   Prohibited license holders
   114.22   Classifications of licenses
   114.22.1   Caterer retail permit
   114.22.2   Outdoor café liquor permit
   114.23   Payment of fees; disposition
   114.24   Term
   114.25   Limitation of number of licenses
   114.25.1   Downtown restricted numbers
   114.26   Record of licenses and permits
   114.27   Permit for new location
   114.28   Nature of license or permit; privilege of renewal
   114.29   Assignment of renewal privilege
   114.30   Suspension or revocation of license or permit
Sales and Operation
   114.40   Restrictions on establishment, use and operation of premises
   114.40.1   License or permit to be posted
   114.40.2   Product sampling
   114.41   Consumption on premises
   114.42   Zoning
   114.42.1   Drive up window
   114.43   Curb service
   114.44   Peddling
   114.45   Sanitary conditions
   114.46   Employees; employing minors
   114.47   Advertising restrictions
   114.48   Sales to minors, habitual drunkards, mental incompetents
   114.49   Persons under 21 years frequenting licensed establishments
   114.50   Possession of alcoholic liquor by underage persons
   114.51   Misstatement of age
   114.52   Gambling
   114.53   Hours
   114.54   Adult entertainment provision
   114.55   Burgess-Osborne Auditorium
 
   114.99   Penalty
GENERAL PROVISIONS
§ 114.01 SHORT TITLE.
   This chapter shall be known, may be cited, and is hereafter designated as "The City of Mattoon Liquor Control Ordinance."
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.02 ADOPTION OF STATE LIQUOR CONTROL ACT.
   Because of the controlling nature of “An Act Relating to Alcoholic Liquors,” enacted by the General Assembly of the State of Illinois, approved January 31, 1934, over and with respect to the subject matter of this chapter, and to eliminate any inconsistencies therewith, each and every part of said Act of the General Assembly commonly known and hereafter referred to as “Liquor Control Act,” as the same is or may be hereafter amended, which relates in any manner to the sale at retail of alcoholic liquors, is hereby adopted and made a part of this chapter by reference thereto, to the same extent and with the sense legal effect as if fully set forth herein, and any applicable and adopted provisions of said Liquor Control Act shall be deemed a violation of this chapter and be subject to the penalties herein fixed.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.03 DEFINITIONS.
   Unless explicitly stated below or the context otherwise requires, words and phrases are used in this chapter in the sense given them by definition contained in Section 2 of Article I of said Liquor Control Act and in Rules and Regulations of Illinois Liquor Control Commission, hereby adopted by reference thereto and made a part of this section.
   CATER RETAILER. A person or business who serves alcoholic liquors for consumption as an incidental part of food service that serves prepared food items. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.
   DISPENSE. The opening of a sealed container of an alcoholic beverage or the placing of an alcoholic beverage into a glass, cup or other container immediately prior to or as an incident to the sale of the alcoholic beverage.
   LICENSEE. Any person, firm, corporation, club or association which has a current license for the sale of alcoholic beverages issued by the City of Mattoon, Coles County, Illinois, under Chapter 114 of the City of Mattoon, Illinois Code of Ordinances.
   OUTDOOR CAFÉ. A use of public sidewalk by a food service establishment for the serving of food and beverages. The use will be characterized by the outdoor use of tables, chairs and umbrellas.
   PERMITTEE. Any person, firm, corporation, club or association which has a current permit for the sale of alcoholic beverages issued by the City of Mattoon, Coles County, Illinois, under Chapter 114 of the City of Mattoon, Illinois Code of Ordinances.
   PREMISES SPECIFIED. The premises specifically described in the application and license. Only one location is permitted by each license.
      RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are 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 and which during the preceding three-month period has generated more than 50% of its total gross revenues from the sale of prepared food.
   RENTAL HALL BUSINESS. A business organized in such a way that it provides a place available for rental by member of the general public. The building housing the business must be designed to accommodate a minimum of 250 persons safely. Such a business is typified by wedding celebrations, parties, or dances by private clubs or individuals. In this type of business, the lessor or licensee is paid a fee by the lessee for use of the hall and for providing alcoholic liquor.
   SERVE.  The delivery of a prepared alcoholic beverage to a customer of the licensee.
   SPECIAL EVENT. A “charity benefit”, wedding reception, anniversary reception, or other such event during which a particular organization, person, or family has contracted with the licensee for the licensee’s premises or a specifically segregated portion of his or her premises, to be available exclusively for the special event to the exclusion of the general public.
   SPECIFICALLY SEGREGATED. A portion of a licensee’s premises separated from the remainder of the licensee’s premises by physical barricades, ropes, walls, or other devices which are effective to prevent persons attending the special event from frequenting the balance of the licensee’s premises and persons frequenting the balance of the licensee’s premises from moving freely into the area segregated for the special event.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2004-5193, passed 10-5-2004; Am. Ord. 2006-5214, passed 1-17-2006; Am. Ord. 2007-5239, passed 9-18- 2007; Am. Ord. 2015-5378, passed 5-19-2015)
§ 114.04 PUBLIC POSSESSION, CONSUMPTION OF ALCOHOLIC LIQUOR.
   (A)   Public possession. It shall be unlawful for any person to carry or possess any alcoholic liquor other than in the original package with the seal unbroken on any public street, parkway, park, public or private school grounds or public place whatsoever, with the exception of that space occupied by a properly licensed outdoor café.
   (B)   Public consumption of alcoholic liquor. It shall be unlawful to drink any alcoholic liquor on any public street, parkway, park, public or private school grounds or public place, with the exception of that space occupied by a properly licensed outdoor café, that space occupied by a licensee with a Class T (Special Use) permit, or that space occupied by a properly licensed caterer or Class T licensee at a location approved by the Local Liquor Control Commissioner.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006- 5214, passed 1-17-2006; Am. Ord. 2007-5239, passed 9-18-2007; Am. Ord. 2015-5378, passed 5-19-2015) Penalty, see § 114.99
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