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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
PARALLEL REFERENCES
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§ 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)
§ 114.27 PERMIT FOR NEW LOCATION.
   The location described in the license and application may be changed only upon a written permit to make such change issued by the Local Liquor Control Commissioner, and only then if the proposed new location is a proper one for the retail sale of alcoholic liquor under the ordinances of the city and the laws of the State of Illinois. Such permit fee shall be $25.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.28 NATURE OF LICENSE OR PERMIT; PRIVILEGE OF RENEWAL.
   (A)   A license or permit issued under this chapter shall be good for a period of not to exceed the end of the semi-annual period of the calendar year next following its issuance, unless sooner revoked as herein provided, and shall permit the sale of alcoholic liquor on or in the premises described in the application, license or permit, and only under the conditions and restrictions imposed in this chapter on the particular class of license or permit described herein.
   (B)   A license or permit issued under this chapter shall be purely a personal privilege and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license or permit shall not descend by the laws of estate or intestate devolution, but shall cease upon the death of the licensee or permittee; provided, that executors or administrators of the estate of any deceased licensee or permittee and the trustee of any insolvent or bankrupt licensee or permittee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee or permittee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of the license or permit, but no longer than six months after the death, bankruptcy or insolvency of such licensee or permittee. Upon the death of a licensee or permittee, if the executor or administrator does not continue the business under such license or permit, there shall be a refund made of that portion of the license or permit fee paid for any period in which the executor or administrator may not operate.
   (C)   There shall be no refund of any license or permit fee paid hereunder except as above provided, but any licensee or permittee hereunder shall have and be given the right to a renewal or reissue of such license at the same place upon compliance with the ordinances now in force in the city, or which may hereafter be enacted, governing the issuance of such licenses, and provided that the renewal privilege herein provided for shall not be construed as a fixed right which shall in any case prevent the City Council from decreasing the number of licenses to be issued within its jurisdiction.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
§ 114.29 ASSIGNMENT OF RENEWAL PRIVILEGE.
   (A)   A licensee or permittee hereunder may assign or convey the privilege or right of renewal or re-issue of a license or permit provided for herein to another person, firm or corporation, in accordance with the procedure hereinafter set forth, who, upon full compliance with the ordinances then in force in the city, governing the issuance of such licenses or permits, shall be entitled to a renewal or re-issue of such license or permit in his, her, their, or its own name, and which holder of a license or permit, in turn, may assign or convey such privilege or right to renewal or re-issue of such license or permit upon the same terms and conditions as the original owner and holder thereof could do hereunder; provided, however, that the privilege or right of renewal, and re-issue provided in this chapter shall apply only so long as the license or permit in each case shall have been kept in force continually add uninterruptedly in the name of the licensee, permit or his or her successor in interest, and nothing herein provided shall be deemed to restrict the right of the Local Liquor Control Commissioner to revoke any such license or permit.
   (B)   All such assignments shall be in writing, signed by the licensee or permit, and shall be filed with the Local Liquor Control Commissioner of the city, who shall keep, or cause to be kept, a true and complete record of all such assignments. Upon the filing of any such assignment, the Local Liquor Control Commissioner shall endorse thereon the time of filing, and upon compliance by the assignee with all the laws and ordinances then in force in the city pertaining to the qualifications of an applicant for such license or permit and the surrender of the old license or permit for cancellation, there shall (unless the old license or permit shall have been revoked add not thereafter restored) be issued to the assignee named in such assignment, a license or permit for the same place as that specified in the old license or permit, in lieu of the one so surrendered, for the unexpired portion of the period covered by the license or permit so surrendered; upon condition, however, that such new license or permit shall be issued only upon the payment of a fee to the issuing officer of $25.
   (C)   If a licensed or permitted business suspends operation, the licensee or permittee has 30 days in which to notify the Local Liquor Control Commissioner of their intent. If the Local Liquor Control Commissioner is not contacted within 30 days from the close of business, the liquor license or permit held at that address may be voided and surrendered to the City Clerk at the discretion of the Local Liquor Control Commissioner. After being contacted by the licensee or permittee, the Local Liquor Control Commissioner may extend the validity of the license or permit, in writing, for a reasonable period not to exceed six months.
(Ord. 99-4981, passed 3-2-1999; Am. Ord. 2006-5214, passed 1-17-2006)
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