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Mattoon, IL Code of Ordinances
MATTOON, ILLINOIS CODE OF ORDINANCES
CITY OFFICIALS
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
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§ 114.22.1 CATERER RETAIL PERMIT.
   (A)   Upon approval of application and payment of application fees as set forth in §§ 114.17 and 114.18, a Caterer Retail Permit shall be issued to a caterer retailer, as defined by § 114.03 and shall allow the permit holder to serve alcoholic liquors as an incidental part of a food service that serves prepared food items. The issuance of the Caterer Retail Permit shall be subject to the following conditions:
      (1)   All restrictions contained in § 114.17 shall apply to all Caterer Retail Permit applications with the exception of § 114.17(F).
      (2)   All application procedures contained in § 114.18 shall apply for an applicant for a Caterer Retail Permit with the exception of § 114.18(D)(7) and (8).
      (3)   All applicants for a Caterer Retail Permit shall comply with the requirement for a bond as contained in § 114.19.
      (4)   All holders of Caterer Retail Permit may renew their permits pursuant to the terms and conditions of § 114.28.
      (5)   All caterer retailers shall provide a written list of catered events, including the location and hours, no less than ten working days prior to the catered event on a form provided by the Local Liquor Control Commissioner.
      (6)   All applicants shall submit proof of dram shop insurance with their completed application.
      (7)   No holder of a Caterer Retail Permit shall sell, offer for sale or dispense any alcoholic liquor during the following hours;
         Monday through Saturday 1:00 a.m. until 6:00 a.m.
         Sunday 1:00 a.m. until 12:00 noon.
   (B)   A copy of the Caterer Retail Permit shall be displayed in accordance with § 114.31.
   (C)   Each Caterer Retail Permit shall be for a period of one year, or otherwise is determined by this chapter by suspension or revocation, and shall commence on July 1 and terminate on June 30.
(Ord. 2006-5214, passed 1-17-2006; Am. Ord. 2011-5338, passed 12-6-2011)
§ 114.22.2 OUTDOOR CAFÉ LIQUOR PERMIT.
   Upon approval of application and payment of application fees as set forth in §§ 114.17 and 114.18, a Class R restaurant license holder may operate an outdoor café where alcohol may be served. The liquor licensee shall:
   (A)   Not allow or permit any customer, employee or other person to remove alcoholic liquor from the area designated in the outdoor café permit or the service premises of the licensee.
   (B)   Not serve, allow or permit any person to be served, be in possession of, or consume alcoholic liquor in the area designated in the outdoor café permit unless that person is utilizing the seating which has been approved in accordance with the site plan approved with the outdoor café permit.
   (C)   Provide table service, which shall include food service, in the outdoor café area during the hours when alcoholic liquor is permitted to be served.
   (D)   The outdoor café area shall be subject to all provisions of this chapter and § 99.55 as though the outdoor café was part of the licensee's service premises during the times permitted by this section for alcoholic liquor sales.
   (E)   Prior to issuance of an Outdoor Café Liquor Permit the licensee shall provide proof of dram shop insurance. The policy shall name the city as an additional insured and will indemnify and hold it harmless from any action, proceeding or claim of liability asserted against it as a result of the operation of an outdoor café. Failure by the licensee to maintain the insurance requested by this section shall result in the revocation of the license.
   (F)   This permit shall expire December 31 of each year.
(Ord. 2007-5239, passed 9-19-2007; Am. Ord. 2011-5338, passed 12-6-2011)
§ 114.23 PAYMENT OF FEES; DISPOSITION.
   (A)   All license and permit fees except Class T-2 license may be paid in two installments of 50% each. The first installment to be paid on or before the first day of July and the second installment to be paid on or before the first day of January of the following year. In the event that a payment is made after the due date for such payment, a penalty in the amount of 10% of the amount due shall be assessed if paid during the first 30 days after the due date. If the payment due is not paid within 30 days after the applicable due date, the Local Liquor Control Commissioner shall hold a hearing to determine whether such license or permit shall be renewed. The hearing shall be pursuant to notice and the cost of the hearing shall be assessed against the licensee or permittee.
   (B)   All such application fees paid to the Local Liquor Control Commissioner at the time application is made shall be forthwith turned over to the City Treasurer. If the license or permit is granted, then the additional license or permit fee shall also be turned over to the City Treasurer to be deposited in the general corporate fund, or in such other fund as shall have been designated by the City Council by proper action of that body.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2002-5140, passed 9-17-2002; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.24 TERM.
   Each such license or permit shall terminate at the end of the semi-annual period of the calendar year next following its issuance, unless sooner revoked. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the semi-annual period prior to the issuance of the license or permit.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.25 LIMITATION OF NUMBER OF LICENSES.
   So that the health, safety and general welfare of the people of the city shall be protected and persons under 21 years of age shall be prevented from purchasing alcoholic liquors, and temperance in the consumption of alcoholic liquors shall be fostered and promoted, all lawful licenses of any class issued and in force on and after the effective date of this chapter shall be renewed or re-issued upon strict compliance with the laws and ordinances in force in the city at the time of the application for such renewal or re-issue but no new licenses of Classes “A” or “B” shall be issued under the provisions of this chapter as to any new location so as to increase the total number thereof in force within the corporate limits of the city in excess of the number specified in § 114.21 hereof. Provided, however, that such limitation shall not affect the right of a licensee to a renewal of such license, nor shall it affect the right of any owner or lessee of a licensed location to procure a license, nor shall it affect the right of the surviving spouse or children of a deceased licensee to procure a license for the location of the deceased licensee in continuance of deceased's business.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.25.1 DOWNTOWN RESTRICTED NUMBERS.
   (A)   A maximum of ten Class A and five Class B-1 retail liquor licenses shall be permitted within the area which is described as follows:
      Beginning at the intersection of 21st Street and Richmond Avenue extending east to the intersection of Richmond Avenue and 6th Street, then extending south to the intersection of Charleston Avenue and 6th Street, then extending west along Charleston Avenue to the intersection of Charleston Avenue and 21st Street and then extending north the intersection of 21st Street and Richmond Avenue.
   (B)   Should any of the ten Class A or five Class B-l retail liquor licenses referenced in this division become available for issuance due to the death of the licensee; termination of a partnership or corporation, or bankruptcy of a licensee, or due to the revocation of a license or for any other reason, the number of Class A or B-l retailer's licenses issued or available in the above described area shall be reduced until there are no more than a total of ten Class A or five Class B-l retailer's licenses issued or available in the above described area. No Class A or Class B-1 retailer's licenses shall be transferred to locations within the above described area which would increase the total number of Class A or Class B-1 retailer's licenses issued or available in that area to a number of in excess of ten or five. Nothing in this section shall be construed to prevent a Class A or Class B-1 retailer's license in existence and located within the above described area on the effective date of this section from transferring to another location within the above described area.
(Ord. 2011-5333, passed 11-15-2011)
§ 114.26 RECORD OF LICENSES.
   The Local Liquor Control Commissioner shall keep or cause to be kept a complete record of all such licenses or permits issued by him or her, and shall furnish the City Clerk a copy thereof. Upon the issuance of any new license, or the revocation of any old license, or the suspension of any license, the Local Liquor Control Commissioner shall give written notice thereof to the City Clerk within 48 hours of such action, and shall keep such record and give such notice as required by the Liquor Control Act hereby adopted by reference thereto and made a part of this section.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
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