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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)
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)
(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
This chapter shall be published in book or pamphlet form. The City Clerk hereby is authorized by the City Council to make such publication, and have printed not less than 100 copies of the same, three of which shall at all times be kept on file in the office of the City Clerk and be available for public use and examination in the Clerk's office.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
LICENSES AND PERMITS
(A) The Mayor shall be the Local Liquor Control Commissioner and shall have the powers, functions and duties conferred and imposed by applicable provisions of Sections 2, 3, 4 and 5 of Article N of the Liquor Control Act, Section 20 of Article VI, and of other applicable provisions of said Liquor Control Act, hereby adopted by reference thereto and made a part of this section.
(B) The phrase “provisions of this Act,” as used in said Section 3, Article IV of the Liquor Control Act, shall be construed to include provisions of this chapter.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
(A) It shall be unlawful for any person, either by himself, herself, or agent, or any person acting as an agent, barkeeper, clerk or servant of another, to sell, display, or offer for sale at retail in the city any alcoholic liquor, without first having obtained a license or permit so to do as hereinafter provided, and it shall likewise be unlawful for any such person to sell or offer for sale any alcoholic liquor, in violation of the terms and conditions of such license or permit.
(B) The word “person,” as used in this section, means any individual, partnership, club, association or corporation.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
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