§ 114.22  CLASSIFICATIONS OF LICENSES.
   Such licenses shall be and hereby are divided into six major classifications:
   (A)   Class A licenses as follows:
      (1)   Class A license shall authorize the sale of alcoholic liquor at retail in original package forms or by the drink on the premises specified, for consumption on or off said premises.  Sales in original package form shall be secondary to sales for consumption on the premises of the licensee and shall not for any 30-day period exceed 50% of the total sales of alcoholic beverages for the licensed establishment.
         (a)   Prior to the issuance of any new Class A licenses, a $5,000 fee shall be deposited with the City Treasurer's office.  This fee shall be a one-time application  fee payable at the time of application and only refundable if the license is ultimately denied by the City Liquor Commissioner.  This fee shall not apply to a change in ownership of an entity or the transfer of a license between entities with the same ownership.
      (2)   Not more than 17 such licenses shall be issued and outstanding. No such license shall be issued to a hotel, restaurant or bowling alley. In the event that a licensee holding a Class A license applies for and is issued a Class R license at any time after the effective date of this chapter for the same premises for which the Class A license was issued, the total number of Class A licenses authorized to be issued and outstanding shall be reduced accordingly.
      (3)   All licensees holding a Class A license on the effective date of this chapter, who could qualify for a Class R license shall have the option of continuing as a Class A license, or as a Class R license, provided that all other requirements to be a licensee are met.
   (B)   Class B licenses as follows:
      (1)   Class B-1 license shall authorize the sale of alcoholic liquor at retail in original package forms on the premises specified, but not for consumption on the premises where sold. Not more than six such licenses shall be issued and outstanding.
         (a)   Prior to the issuance of any new Class B-1 licenses, a $5,000 fee shall be deposited with the City Treasurer's office.  This fee shall be a one-time application  fee payable at the time of application and only refundable if the license is ultimately denied by the City Liquor Commissioner.  This fee shall not apply to a change in ownership of an entity or the transfer of a license between entities with the same ownership.
      (2)   Class B-2 license shall authorize the sale of alcoholic liquor at retail by a hotel or bowling alley, for consumption on the premises specified where sold. Not more than five such licenses shall be issued and outstanding.
   (C)   Class C licenses shall authorize the sale of alcoholic liquor at retail by the drink by a club for consumption on the premises where sold.  A Class C license shall be issued only to a club, and applicant therefore must have the qualifications as provided by the laws of the state and this chapter relating to alcoholic liquors.
   (D)   Class D licenses as follows:
      (1)   (a)   Class D-l license shall authorize the retail sale of beer and wine, only, upon the licensed premises to the general public for consumption in an enclosed structure on the premises only. The principal business of the license shall be the service of food and shall follow the public health department regulations and guidelines for operation of a business with the service of food being the principle business. The licensed premises shall seat not less than 25 customers at any one time. Not more than nine such licenses shall be issued and outstanding.
         (b)   The Local Liquor Control Commissioner may require the applicant of a Class D-I license or a licensee with a Class D-l license to submit reasonable proof, from time to time, that the licensee is in fact operating a business with the principal business of service of food, and which during the preceding three-month period has generated more than 50% of its total gross revenues from the sale of prepared food.
      (2)   Class D-2 licenses shall authorize the retail sale of beer and wine, only, upon the licensed premises in original packaged forms, but not for consumption on the premises where sold.  The principal business of the licensee shall be a retail sale of groceries and/or convenience store items.  Not more than 19 such licenses shall be issued and outstanding.
         (a)   Prior to the issuance of any new Class D-2 licenses, a $2,500 fee shall be deposited with the City Treasurer’s office.  This fee shall be a one-time application  fee payable at the time of application and only refundable if the license is ultimately denied by the City Liquor Commissioner.  This fee shall not apply to a change in ownership of an entity or the transfer of a license between entities with the same ownership.
   (E)   Class R licenses as follows:
      (1)   Class R license shall authorize the sale of alcoholic liquor by the drink on the premises specified, for consumption on the premises. The principal business of the licensee shall be the business of conducting a “restaurant”, which shall meet public health kitchen code regulations. The number of such licenses to be issued is not limited.
      (2)   The Local Liquor Control Commissioner may require the applicant for a Class R license or a licensee with a Class R license to submit reasonable proof, from time to time, that the licensee is in fact operating a restaurant, and which during the preceding three-month period has generated more than 50% of its total gross revenues from the sale of prepared food.
   (F)   Class T licenses shall authorize the retail sale of alcoholic liquor at a picnic, outing, festival or other such special occasion, including, but not limited to “special events” as defined in this chapter, for consumption on the premises or within an area specifically designated in such licenses. Class T licenses shall be designated as Class T-1, T-2, or T-3 and shall be issued as follows:
      (1)   Class T-1 special event license may be issued to an educational, civic, service, charitable or other not-for-profit organizations. The provision that alcoholic liquor may not be consumed on public property shall not apply to such premises designated in the area specifically designated for the Class T-1 license; provided, however, that no alcoholic beverage may be sold or consumed in an area within ten feet of any public street open to vehicular traffic. A licensee holding an event on public property shall provide a certificate of general liability insurance with combined single limits of not less than $1,000,000 along with the required certificate of dram shop insurance. Each such certificate of insurance shall show the city as an additional insured. The time and days of operation shall be specifically requested in the application and shall be specifically provided for in the T-1 license and the licensee shall not sell alcoholic beverages at any other times except for those provided and allowed in the T-1 license.
      (2)   A Class T-2 license may be issued for special events to licensees holding other classifications of licenses for premises which the licensee otherwise owns or has a right to use and which is contiguous to and which extends no further than 100 feet from the business premises for which the licensee holds an existing license. The provision that alcoholic liquor may not be consumed on public property shall not apply to such premises designated in the area specifically designated for the Class T-2 license; provided, however, that no alcoholic beverage may be sold or consumed in an area within ten feet of any public street open to vehicular traffic. A licensee holding an event on public property shall provide a certificate of general liability insurance with combined single limits of not less than $1,000,000 along with the required certificate of dram shop insurance. Each such certificate of insurance shall show the city as an additional insured. The license fee for a Class T-2 license shall be in the amount of $100 for each 24-hour period or fraction thereof.
      (3)   A Class T-3 license may be issued a special use permit for licensees to allow for the transfer of alcoholic beverages from an existing licensed retail premises to a designated site for a special event with approval by theLocal Liquor Commissioner. A licensee holding an event on public property shall provide a certificate of general liability insurance with combined single limits of not less than $1,000,000 along with the required certificate of dram shop insurance. Each such certificate of insurance shall show the city as an additional insured. The license fee for a Class T-3 license shall be in the amount of $100 for each 24-hour period or fraction thereof.
      (4)   Class T-1 and T-2 licenses shall be issued for a specific period of time not to exceed three consecutive days.
      (5)   No applicant or licensee shall be issued more than three Class T-1 or three Class T-2 licenses in anyone calendar year.
      (6)   A Class T license, if issued, shall not in any manner be regarded as to relieve the license holder from complying with all other requirements of law.
      (7)   When a picnic, outing, festival or other similar special event is held out of doors pursuant to any category of Class T license, the license holder shall:
         (a)   Use only paper or plastic products to serve alcoholic liquor or food;
         (b)   Provide fencing or a barricade with at least two means of ingress and egress around the area designated in the license;
         (c)   Monitor each means of ingress and egress so as to provide adequate crowd control;
         (d)   Prevent alcoholic liquor from being removed from the designated area by patrons, invitees or customers of the licensee;
         (e)   Remove as quickly as feasible, and not longer than 24 hours after the ending time of the event, all refuse, litter, debris, garbage and the like from the property used for the event in the abutting public right-of-way. Failure to comply with this division (F)(6)(e) may be deemed a public nuisance and the licensee prosecuted under applicable provisions of the City of Mattoon, lllinois Code of Ordinances relating to public nuisances. Failure to comply with this division (F)(6)(e) may preclude the issuance of Class T license to the licensee at any time in the future and shall be considered by the Local Liquor Control Commissioner in determining whether the Local Liquor Commissioner should issue subsequent Class T licenses.
         (f)   Any portion of a Class T-1 and T-2 licensed event held outside shall cease operations at midnight.
   (G)   Class H license shall authorize the licensee to sell alcoholic liquor at retail, by the drink or pitcher only, for consumption on the premises only, in the course of a rental hall business.  In the course of this business, the licensee is totally responsible for control of patron in the business premises and the licensee’s employees must dispense all alcoholic liquor.  At all times that the premises are used for the sale of alcoholic liquor, the licensee or a manager acting for the licensee must be on the premises.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 99-4995, passed 8-17-1999; Am. Ord. 99-5009, passed 12-7-1999; Am. Ord. 2002-5100, passed 2-5-2002; Am. Ord. 2006-5214, passed 1-17-2006; Am. Ord. 2011-5334, passed 12-6-2011; Am. Ord. 2011- 5336, passed 12-6-2011; Am. Ord. 2011-5337, passed  12-6-2011; Am. Ord. 2011-5338, passed 12-6-2011; Am. Ord. 2012-5347, passed 3-6-2012; Am. Ord. 2015-5378, passed 5-19-2015; Am. Ord. 2018-5404, passed 4-3-2018)