§ 117.23 CLASSIFICATIONS; FEES; NUMBER OF LICENSES.
   There shall be the following classes of licenses with an annual license fee as indicated.
   (A)   Class A (full service restaurant) license.
      (1)   A restaurant license authorizes the retail sale, on the premises specified, of alcoholic liquor by the drink for consumption on the premises.
      (2)   Service of alcoholic liquor shall be only during the time that meals are being served or a menu is in effect.
      (3)   There may be a patron bar or a service bar within the licensed premises.
      (4)   No holder of a Class A liquor license shall require a person to pay a cover charge or any other type or form of admission fee in order to be able to enter the premises for which the license was issued.
      (5)   All Class A liquor licensees shall have available on the licensed premises seating for not less than 100 persons at all times during which liquor is served.
      (6)   Class A liquor licenses shall be issued only to hotels or restaurants which have regular dining facilities with a floor area of not less than 1,200 square feet. No part of this required floor area may be satisfied by basement dining facilities.
      (7)   The annual fee for a Class A liquor license shall be:
         (a)   Regular closing hours, $2,100.
         (b)   Extended closing hours, $2,400.
      (8)   Compliance with the hours of operation requirements of § 117.41 below.
      (9)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (10)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (A-1)   Class A-1 (full service restaurant with video gaming) license.
      (1)   A Class A-l full service restaurant with video gaming license shall authorize the retail sale, on the premises specified, of alcoholic liquor by the drink for consumption on the premises, and for video gaming in compliance with the following:
         (a)   The licensee must meet all of the requirements for a Class A liquor license set forth above.
         (b)   Consumption of alcoholic liquor is allowed in the entire licensed premises, but there shall be a designated gaming area in the full service restaurant where the video terminals are located, separate from tables meant for food service.
         (c)   Alcoholic liquor shall be sold and served only during the permitted service hours for Class A full service restaurants set forth in § 117.41 below. The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited.
         (d)   A Class A-l licensee must have a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., and shall comply at all times with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board, as well as the requirements in Chapter 125 of this Code. A failure to maintain a video gaming license in good standing shall result in the immediate suspension of the Class A-l liquor license.
      (2)   The annual fee for a Class A-l license shall be:
         (a)   Regular closing hours: $3,100.
         (b)   Extended closing hours: $3,400.
   (B)   Class B (package store) licenses.
      (1)   Authorizes the retail sale, on the premises specified, of alcoholic liquor in its original package, not for consumption on the premises.
      (2)   (a)   Such licenses shall be available only for the following types of premises:
            1. Grocery stores occupying a minimum of 10,000 square feet of gross floor area (GFA) (GFA means the total building footprint including retail sales area, interior bathrooms, storage areas and cashier areas) and offering a full line of groceries, fresh meats, dairy products, vegetables, fruits and packaged frozen goods;
            2.   Drug stores, if the drugstore is operated in conjunction with, and shares a common entrance with, a grocery store which meets the requirements of division (2)(a)1. above, and the grocery and drug store together occupy a minimum of 15,000 square feet of GFA; and
            3.   Alcoholic liquor stores occupying a minimum of 10,000 square feet of GFA.
         (b)   In the case of either division (2)(a)1. or 2. above, the portion or portions of the premises devoted to the sale of alcoholic liquor shall be no larger than 10% of the total retail floor space of the premises.
         (c)   If the sale of alcoholic liquor is conducted on premises which are utilized primarily for other retail sales activity, the sale of liquor shall be confined to an area which is separated from the other retail portions of the premises by a suitable enclosure or partition, the design and construction of same to be approved by the Liquor Control Commissioner.
         (d)   Class B liquor licenses in effect on March 31, 2008, that do not meet the square footage or other requirements set forth in this division may only be renewed by the current licensee provided that the licensee and licensed premises complies with all other applicable statutes, ordinances, rules and regulations relative to operation of the licensed establishment, except for the square footage requirements set forth in this division. In order to qualify to be considered for the issuance of a new Class B liquor license, the applicant shall own, lease or otherwise control premises which conform to the above square footage requirements and the other applicable provisions of the Village Code, including the Liquor Code.
      (3)   The annual fee for a Class B license shall be as follows:
      Class B liquor license under subsection (B)(2)(a)(1):   $5,000
      Class B liquor license under Subsection (B)(2)(a)(2):   $5,000
      Class B liquor license under Subsection (B)(2)(a)(3):   $10,000
      Class B liquor license under Subsection (B)(2)(d):   $10,000
      (4)   Consumption of liquor and the possession of open liquor on the premises of package stores holding a Class B liquor license are prohibited. As a condition to obtaining and maintaining a Class B liquor license, each licensee is responsible for the licensed premises being monitored for open liquor and consumption on the premises. Where it is found that open alcohol is present or the consumption of liquor is occurring or has occurred on any portion of the licensed premises, including but not limited to the parking lot or within the interior of the store, the licensee is subject to citation under this division and shall be subject to all penalties provided in § 117.99, including but not limited to monetary fines and suspension or revocation of the liquor license.
      (5)   Effective October 1, 2004, as a condition to obtaining or maintaining a Class B liquor license, Class B liquor licensees are required to install and operate a video and audio surveillance system within the licensed store premises which shall record the activities within all parts of the licensed store premises and shall function during all operating hours. In the alternative, such licensees may maintain a security guard on the licensed premises during all operating hours, whose duties shall include ensuring that no loitering or consumption of alcohol occurs on the licensed premises. A Class B liquor licensee who fails to maintain a security guard or video and audio surveillance system on and after October 1, 2004, as required by this division shall be subject to citation and to all penalties provided in § 117.99, including but not limited to monetary fines and suspension or revocation of their liquor license.
      (6)   Compliance with the hours of operation requirements of § 117.41 (Hours of Operation) below.
      (7)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 (BASSET Training) below.
      (8)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (C)   Class C (temporary special event - for non-Village property) license. Authorizes the retail sale and dispensing of alcoholic liquor (beer, wine and spirits) for consumption on the licensed premises where sold at a special event that is conducted by or sponsored by a qualified educational, fraternal, political, civic, religious or other not for profit organization or for profit organization. For any such special event, the retail sale and dispensing of alcoholic liquor and the consumption of alcoholic liquor shall be allowed in an alcoholic beverage tent or alcoholic beverage sales/consumption area, subject to the approval of the President and Board of Trustees and the Local Liquor Control Commissioner. A special event liquor license is not required for a private event on private property where the event is not open to the public and where there is no retail sale of alcoholic liquor. The payment of any type of charge, fee or requirement of a donation to attend a special event where any portion of the charge, fee or donation relates to the purchase of alcoholic liquor to be consumed by the attendee is a retail sale transaction and requires the issuance of a Class C liquor license. A Class C liquor license, if approved, shall be subject to each of the appropriate conditions required by the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license, the approval and issuance of the liquor license by the Local Liquor Control Commissioner and the following conditions:
      (1)   Fee. The fee for a Class C liquor license shall be $75 for each authorized special event.
      (2)   Pre-application review. In order to determine whether a Class C liquor license is required for a particular special event, prior to submitting an application, the prospective applicant may send a pre-application letter to the Local Liquor Control Commissioner requesting a determination of whether the proposed special event requires the issuance of a Class C liquor license. The pre-application letter shall contain sufficient facts regarding the special event that will allow the Local Liquor Control Commissioner to evaluate whether the special event will involve the retail sale of alcohol. The Local Liquor Control Commissioner may request additional information from the prospective applicant and may request a meeting with the applicant to discuss the matter in more detail or to inspect the proposed special event site. The Local Liquor Control Commissioner's determination relative to any special event shall be made on a case by case basis and shall be limited to that particular special event as described in the pre-application letter. A decision by the Local Liquor Control Commissioner that a Class C liquor license is required for a special event is not an approval of a Class C liquor license. The decision by the Local Liquor Control Commissioner that a liquor license is not required for a special event may be reviewed and changed in the future by the Local Liquor Control Commissioner, or his/her successor, based on facts that show the special event involves the retail sale of alcohol.
      (3)   A Class C liquor license shall be authorized for not more than 2 consecutive days.
      (4)   The applicant shall provide a diagram that proposes the size, internal setup and location of an alcoholic beverage tent or an alcoholic beverage sales/consumption area to be operated during the special event as part of its application. The size, internal setup and location of an alcoholic beverage tent or an alcoholic beverage sales/consumption area shall be approved by the Local Liquor Control Commissioner, in his or her sole discretion.
      (5)   Consumption. Consumption of alcoholic liquor is restricted to the licensed premises.
      (6)   Package sales prohibited; no pitchers. No package sales shall be permitted. The sale or giving away of alcoholic liquor in pitchers is prohibited.
      (7)   Sales limitation per person. No more than 2 servings of alcoholic liquor shall be sold to any person during each retail sales transaction or dispensed to any person at 1 time.
      (8)   Approval of location; approved containers. At indoor special events, alcoholic liquor may be sold and served in glass bottles, glassware or paper or plastic cups. At outdoor special events, alcoholic liquor shall be sold and served in paper or plastic cups at retail in an alcoholic beverage tent or alcoholic beverage sales/consumption area, the size, internal setup, fence requirements and location of which shall be subject to the approval of the Local Liquor Control Commissioner.
      (9)   Security; outdoor alcoholic beverage tent. An outdoor alcoholic beverage tent or alcoholic beverage sales/consumption area shall have designated entrance and exit points for patrons and minors shall be prohibited from entering into the alcoholic beverage tent. During hours of operation, an outdoor alcoholic beverage tent or alcoholic beverage sales/consumption area shall have at least 1 person over the age of 21 posted at each designated entrance and exit point to check state or government issued identification of patrons.
      (10)   Security; alcoholic beverage sales/ consumption area. If there is a dedicated alcoholic beverage sales/consumption area open to the general public, proper security measures, such as color coded wristbands, shall be used to designate minors and adults who enter the alcoholic beverage sales/ consumption area.
      (11)   Music. Amplified music or live music or other forms of music entertainment at an outdoor special event shall be approved and regulated by the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license and the approval by the Local Liquor Control Commissioner.
      (12)   Signage. The posting of advertising signs that relate to the sale of any type of alcoholic liquor shall be prohibited, except for signs, located within the alcoholic beverage tent or alcoholic beverage sales/consumption area and approved by the Local Liquor Control Commissioner, that identify the alcoholic liquor being offered for retail sale.
      (13)   Residency. At least 1 officer or member of the for profit organization or not for profit organization to which such license is issued must be a resident of the Village and must sign the local liquor license application.
      (14)   Number of events. Subject to the approval of the President and Board of Trustees and the Local Liquor Control Commissioner, an applicant may be authorized to conduct more than 1 special event under the issuance of a single Class C liquor license in any 1 calendar year.
      (15)   State and village licenses. Prior to conducting the special event, the holder of a Class C liquor license must provide to the Local Liquor Control Commissioner evidence of all required state and Village licenses, including a state special event liquor license or similar approval.
      (16)   Duration of special event license. The Class C liquor license issued for each special event shall be valid and in effect for a maximum of 2 consecutive days. The number of days shall be subject to approval by the President and Board of Trustees of the Village as contained in the ordinances approving the creation and issuance of such a liquor license, and the further approval and issuance of the liquor license by the Local Liquor Control Commissioner.
      (17)   Application process. At least 45 days prior to the special event date, the applicant shall file with the Village Manager a completed application, site plan or diagram, undergo fingerprinting and a background check conducted by the Police Department, pay the nonrefundable application fee and provide a current price quote for the insurance coverage as required by § 117.57 below. The Local Liquor Control Commissioner can grant a waiver of the 45-day period for good cause shown. Payment of the liquor license fee, delivery of the final certificate of insurance to the Village Manager and satisfying each precondition set forth in the ordinance that creates a liquor license for the applicant must be completed prior to the issuance of the liquor license.
      (18)   Compliance with other laws. The operation of the special event shall comply with state and village fire and health code regulations, accessibility laws and regulations and all other applicable provisions of federal, state or county law and this Code.
      (19)   Revocation. A Class C liquor license issued to an applicant for 1 or more special events in a calendar year may be revoked by action of the Village Board at any time with 30 days written notice or immediately by the Local Liquor Control Commissioner in the event of a violation of the liquor control ordinance or any of the provisions of the ordinance creating the liquor license for issuance to the applicant.
      (20)   Charges for additional municipal services. The Village reserves the right to charge the applicant for special municipal services, such as police, fire and public works personnel and services, which are necessary to protect the health, welfare and safety of the public and those individuals who attend the special event.
      (21)   Notification of application. Unless such review is waived by the Local Liquor Control Commissioner, the Village will, upon receipt of an application for a Class C liquor license, advise an applicant of the date the application shall be considered by the Local Liquor Control Commission. The applicant shall then send written notice by first class United States mail of the Local Liquor Control Commission hearing to be held to consider the application to those property addresses located within 100 feet of the location of the proposed special event. The notice shall contain the date, time and place of the Local Liquor Control Commission hearing and a brief description of the application. A copy of the agenda for the Local Liquor Control Commission hearing shall be a sufficient notice. At least 10 days prior to the hearing date, the notices shall be mailed in envelopes addressed to the occupants of properties within 100 feet of the proposed special event location.
      (22)   Compliance with the hours of operation requirements of § 117.41 below.
      (23)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (24)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (D)   Class D (private club) license.
      (1)   There shall be licenses available for the retail sale of alcoholic liquor:
         (a)   For consumption on the premises; and
         (b)   In the original package not for consumption on the premises, by a lodge, fraternal order, club or other association of a kindred kind which has been issued a charter from the Secretary of the State of the State of Illinois as an Illinois not for profit corporation and which has been active and in continuous existence for at least a period of 1 year and which has 25 or more members at least 50% of whom are residents of the Village. In addition, the applicant organization must have as one of its principal purposes the raising of funds for charity or the provision of volunteer services to governmental or community organizations.
      (2)   All Class D licensees must provide the Liquor Control Commission with a current list of all members of the organization to which the license was issued. A current membership list must also be kept on file at the licensed premises.
      (3)   All members of an organization which has been issued a Class D license shall be required to carry an identification card which identifies them as a member of the organization and to produce said identification card at the request of any Village police officer during all times that they are on the licensed premises.
      (4)   The minimum annual fee for membership in an organization holding a Class D club liquor license shall be $15.
      (5)   (a)   Except for special events no non-member of an organization which has been issued a Class D license shall be admitted to the licensed premises unless they are accompanied by a member. No member may bring more than 6 non-members with them onto the licensed premises.
         (b)   A CLUB-RELATED SPECIAL EVENT shall be defined as any occasion upon which persons, including members, are required to pay an admission fee in order to enter the licensed premises.
         (c)   No Class D licensee shall conduct more than 2 special events in any 1 calendar week.
      (6)   Each application for a club liquor license shall be accompanied by a statement in writing of the principal officer of the applicant, stating that the particular club, lodge, order or association has a membership which is nonexclusive in terms of any protected class of people under the local, state, county or federal anti-discrimination laws.
      (7)   Each Class D licensee as a condition for renewal of their license shall be required to provide the Liquor Control Commissioner with proof satisfactory to the Commission of its civic community and charitable involvement.
      (8)   The annual fee for a Class D license shall be $1,250.
      (9)   Compliance with the hours of operation requirements of § 117.41 below.
      (10)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (11)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable
   (E)   Class E (temporary special event on village-owned property) license.
      (1)   Authorizes the sale or transfer of alcoholic liquor on municipally owned property for consumption purposes on the licensed premises only which is now or may in the future be designated for public use during wedding receptions and other social events except events where the prospective attendees are predominantly youth, such as coming out parties. No alcoholic liquor shall be sold or transferred on municipally owned property for any event unless a Class E liquor license has been issued which authorizes the sale or transfer.
      (2)   A Class E liquor license shall be issued on a day-to-day basis but for not more than 7 consecutive days.
      (3)   No more than 2 such licenses shall be issued to allow the sale or transfer of liquor during the same time period. The hours for the sale of alcoholic liquor pursuant to such license shall be as determined by the Local Liquor Control Commissioner at the time of the issuance of such license.
      (4)   The fee for a Class E license shall be $125 per day.
      (5)   The applicant shall be required to comply with divisions (2) through (24) of the regulations set forth under the division (C) above, Class C (temporary special event for non-village-owned property) liquor license regulations. For purposes of applying for a Class E liquor license, all references to a Class C liquor license under the above-mentioned divisions (2) through (24) shall be read as Class E liquor license.
   (F)   Class F (special event space) license.
      (1)   There shall be licenses available for the retail sale of alcoholic liquor for consumption on the premises in conjunction with the service and consumption of complete meals only by corporations or individuals who operate special event spaces.
      (2)   Special event spaces are defined in § 117.01 (Definitions) above.
      (3)   Class F licensees may serve and allow consumption of alcoholic liquor only at those functions during the time period when the licensee or other food provider for the function is also serving meals. The service and consumption of alcoholic liquor by a Class F licensee shall at all times be incidental or complementary to the service of meals, and if the kitchen is closed or no meals are being served or available to be served, then no alcoholic liquor can be sold, served or consumed on the licensed premises.
      (4)   Alcoholic liquor may be served by the licensee or their agents or wait staff or from 1 more temporary patron bars or from a temporary patron bar or service bar.
      (5)   The annual fee for a Class F license shall be:
         (a)   Regular closing hours - $1,000.
         (b)   Extended closing hours - $1,300.
      (6)   Compliance with the hours of operation requirements of § 117.41 below.
      (7)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (8)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
      (9)   Live entertainment events shall be subject to the regulations and permitting requirements set forth in § 111.36 of this Code.
      (10)   Subclass F-1 (Special Event Space/Limited Restaurant) Liquor License Designation:
         (a)   The Subclass F-l designation is an add-on to a Class F license.
         (b)   Subject to the annual fee discount provided by § 117.26(B) below, the annual fee for the Subclass F-1 designation, which is in addition to the annual fee for the Class F license, shall be:
            1.   Regular closing hours: $1,250.
            2.   Extended closing hours: $2,000.
         (c)   While operating the special event space, the holder of a Subclass F-1 liquor license designation shall comply with all applicable Class F license regulations and all conditions of their Class F license.
         (d)   The following regulations shall apply to the operation of the limited restaurant under this Subclass F-1 designation:
            1.   Retail sale, on the authorized premises, of alcoholic liquor (beer, wine, spirits and other alcoholic liquor) by the drink for consumption only the licensed premises is permitted.
            2.   Any type of restaurant, including a limited food service restaurant, as defined in § 117.01 (Definitions), may be operated.
            3.   No alcoholic liquor can be sold, served or consumed on the licensed premises as part of the restaurant operation, if the on-site kitchen is not open and serving complete meals or if meals are not otherwise being served or available to be served on the licensed premises by another restaurant or a food truck or a caterer. Consumption of alcohol liquor shall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
            4.   A patron bar or a service bar may be located within the licensed premises.
            5.   Beer, wine and spirits shall not be sold in pitchers.
            6.   No package sales shall be permitted.
            7.   Billiards and/or pool tables or mechanical/electrical amusement devices, as defined and regulated in § 114.07 (Coin And Non-Coin Operated Amusement Devices), § 114.08 (Music Devices) and Chapter 125 (Video Gaming) of the Village Code or Illinois state law, shall be permitted on the licensed premises, including sports-related electronic video devices or video simulators and internet music stations and jukeboxes, provided that the devices or simulators are maintained in a separate area or room from the dining area or bar area, provided the licensee complies with the Village mechanical/electrical amusement device licensing requirements. Video gaming terminals, as regulated by the Illinois Video Gaming Act (235 ILCS 5/6-33) and Chapter 125 (Video Gaming) of this Code, may be operated on the licensed premises, provided the licensee complies with required state and Village licensing requirements.
         8.   Compliance with the hours of operation requirements of § 117.41 below.
         9.   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
         10.   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
         11.   Live entertainment events are allowed, subject to the regulations and permitting requirements set forth in § 111.36 of this Code.
         12.   All conditions required by the corporate authorities of the Village as part of the approval of an ordinance amending the current Class F license to allow the add-on of the Subclass F-1 designation.
      (11)   Subclass F-2 (Special Event Space/Outdoor Liquor Café) Liquor License Designation:
         (a)   The Subclass F-2 designation is an add-on to a Class F license.
         (b)   Subject to the annual fee discount provided by § 117.26(B) below, if applicable, the annual fee for the Subclass F-2 designation, which is in addition to the annual fee for the Class F license, shall be: $300.
         (c)   While operating the special event space, the holder of a Subclass F-2 designation shall comply with all applicable Class F license regulations and all conditions of their Class F license.
         (d)   The following regulations shall apply to the operation of the Outdoor Liquor Café under this Subclass F-2 designation:
            1.   Each of the regulations of § 117.23(J) applicable to outdoor liquor cafes.
            2.   No alcoholic liquor can be sold, served or consumed on the licensed premises as part of the outdoor liquor café operation, if the on-site kitchen is not open and serving complete meals or if meals are not otherwise being served or available to be served on the licensed premises by another restaurant or a food truck or a caterer. Consumption of alcohol liquor shall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
            3.   Live entertainment events are allowed, subject to the regulations and permitting requirements set forth in § 111.36 of this Code.
         (e)   All conditions required by the corporate authorities of the Village as part of the approval of an ordinance amending the current Class F license to allow the add-on of the Subclass F-2 designation.
   (G)   Class G (full service restaurant - beer and wine only) license.
      (1)   A Class G license authorizes the retail sale on the premises specified in the license of wine and beer by the drink for consumption on the premises and authorizes the retail sale, on the premises specified, of wine and beer in its original package, not for consumption on the premises when the purchase of the wine and beer is incidental to the purchase from the licensee of a meal costing not less than $5 by the person who is purchasing the beer and wine.
      (2)   Wine and beer shall be sold and served by a Class G licensee only during the time that meals are being served.
      (3)   There may be a patron bar or a service bar within the licensed premises.
      (4)   No person shall be served alcoholic liquor on the premises of a Class G licensee for consumption on the premises unless that person is sitting at a table or a booth.
      (5)   No Class G liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
      (6)   All Class G liquor licensees shall have available on the licensed premises, seating for not less than 50 persons at all times during which liquor is served.
      (7)   Class G liquor licenses shall be issued only to restaurants which have regular dining facilities with a floor area of not less than 600 square feet. No part of this required floor area may be satisfied by basement dining facilities.
      (8)   The annual fee for a Class G license shall be:
         (a)   Regular closing hours - $1,600.
         (b)   Extended closing hours - $1,900
      (9)   Compliance with the hours of operation requirements of § 117.41 below.
      (10)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.29 below.
      (11)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (H)   Class H (limited service restaurant; beer and wine only) license.
      (1)   A Class H license shall authorize the retail sale of beer and wine only in a limited service restaurant for consumption only within the licensed premises. Beer and wine shall be served as an adjunct to food service at the restaurant. There may be a patron bar or service bar within the licensed premises.
      (2)   A Class H license shall be subject to all of the following conditions and such other appropriate conditions required by the corporate authorities of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of beer, wine and nonalcoholic liquor is restricted to the dining area of the restaurant and the licensed premises.
         (b)   Beer and wine shall not be sold in pitchers.
         (c)   No package sales shall be permitted.
         (d)   No billiard and/or pool tables or mechanical/electrical amusement devices, as defined in the Village Code or Illinois state law shall be permitted on the licensed premises.
         (e)   Wine and beer shall be sold and served by a Class H licensee only during the time that meals are being served.
      (3)   The annual fee for a Class H license shall be:
         (a)   Regular closing hours - $1,250.
         (b)   Extended closing hours - $1,550.
      (4)   No Class H liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
      (5)   Compliance with the hours of operation requirements of § 117.41 below.
      (6)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (7)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (I)   Class I (package store - beer and wine only) license.
      (1)   Authorizes the retail sale, on the premises specified, of beer and wine only in its original package, not for consumption on the premises. No sale of single cans or bottles of beer. Beer may be sold in 6-packs or by the case. Wine bottles that are at least 750 ML in size may be sold by the bottle or by the case.
      (2)   (a)   Such licenses shall be available only for the following types of premises:
            1.   Grocery stores occupying a minimum of 6,100 square feet of gross floor area (GFA) (GFA means the total building footprint including retail sales area, interior bathrooms, storage areas and cashier areas);
            2.    Drug stores occupying a minimum of 3,200 square feet of GFA; and
            3.    Convenience stores, as defined in § 117.01 of this Code, occupying a minimum of 3,200 square feet of GFA. CONVENIENCE STORE means a retail store engaged primarily in the retail sale of convenience items, i.e., consumer and household items, including the following types of food, articles and other products: bread, milk, cheese, sliced or pre- packaged meats, pre-packaged canned and bottled foods and drinks, tobacco products, beer or wine, candy, papers and magazines, sandwiches for off-premises consumption, and various other consumer and household items. These stores may be part of a gas station or an independent facility.
         (b)   The portion or portions of the premises devoted to the sale of alcoholic liquor shall be no larger than 10% of the total retail floor space of the premises.
         (c)   The sale of liquor shall be confined to an area which is separated from the other retail portions of the premises by a suitable enclosure or partition, the design and construction of same to be approved by the Liquor Control Commissioner.
      (3)   The annual fee for a Class I license shall be $2,500.
      (4)   Consumption of liquor and the possession of open liquor on the premises of package stores holding a Class I liquor license are prohibited. As a condition to obtaining and maintaining a Class I liquor license, each licensee is responsible for the licensed premises being monitored for open liquor and consumption on the premises. Where it is found that open alcohol is present or the consumption of liquor is occurring or has occurred on any portion of the licensed premises, including but not limited to the parking lot or within the interior of the store, the licensee is subject to citation under this division and shall be subject to all penalties provided in § 117.99, including but not limited to monetary fines and suspension or revocation of the liquor license.
      (5)   As a condition to obtaining or maintaining a Class I liquor license, Class I liquor licensees are required to install and operate a video and audio surveillance system within the licensed store premises which shall record the activities within all parts of the licensed store premises and shall function during all operating hours. In the alternative, such licensees may maintain a security guard on the licensed premises during all operating hours, whose duties shall include ensuring that no loitering or consumption of alcohol occurs on the licensed premises. A Class I liquor licensee who fails to maintain a security guard or video and audio surveillance system as required by this division shall be subject to citation and to all penalties provided in § 117.99, including but not limited to monetary fines and suspension or revocation of their liquor license.
      (6)   Compliance with the hours of operation requirements of § 117.41 below.
      (7)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of subsection § 117.28 below.
      (8)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (J)   Class J (outdoor liquor café) license. A Class J liquor license shall authorize restaurants to permit the sale and consumption of alcoholic beverages within a Village-licensed outdoor liquor café operated by the restaurant while patrons are being served a complete meal by the restaurant, subject to the following conditions and such other conditions required by the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license:
      (1)   Consumption of alcoholic beverages is restricted to the licensed premises, which shall be an outdoor dining area, as defined in § 17.4 of the Zoning Ordinance of the Village of Maywood, that has received a Village-issued business license issued pursuant to the Village Code. The Village Board and Local Liquor Control Commissioner shall approve the location and layout of the outdoor liquor café as part of the approval of an ordinance creating the liquor license to be issued to a particular applicant.
      (2)   The outdoor liquor café shall be subject to the rules of operation set forth in subsection 11.3(P) of the Zoning Ordinance of the Village of Maywood. In addition, the location, layout and operation of an outdoor liquor café shall be subject to the conditions set forth in the ordinance creating a Class J liquor license and such other rules or conditions relating to the service and consumption of alcoholic beverages as set forth in writing and required by the Village Board and Local Liquor Control Commissioner, including restrictions on noise, music, screening, etc.
      (3)   A Class J license shall only be granted to a licensee who holds another Village-issued restaurant related liquor license and is in good standing under the terms of the license. Portions of the application submittal including background check may be waived for the licensee by the Local Liquor Control Commissioner.
      (4)   The annual fee for a Class J liquor license shall be $300.
      (5)   No package sales shall be permitted under this license. The sale of beer, wine, spirits or other alcoholic beverages (e.g., wine coolers, spirits, prepared mixed drinks, etc.) in kegs or pitchers is prohibited.
      (6)   No billiard and/or pool tables or mechanical/electrical amusement devices as defined in this Village Code shall be permitted on the licensed premises.
      (7)   Patrons are prohibited from taking any opened alcoholic beverage outside of the licensed premises, except for a recorked wine bottle that has been sealed in a carryout bag in accordance with state law (see 235 ILCS 5/6-33).
      (8)   Compliance with the hours of operation requirements of § 117.41 below.
      (9)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
   (K)   Class K (caterer) license. It shall be unlawful for any caterer that maintains its principal place of business within the Village to sell, offer for sale, or provide any alcoholic liquor within the Village unless such caterer has a current, valid caterer’s liquor license. A Class K license permits the retail sale of alcoholic liquor in conjunction with the service of food by caterers with a place of business within the Village limits for catered events conducted inside or outside of the Village corporate limits. The sale of alcoholic liquor may be made in bulk to the person holding the event or the sale of alcoholic liquor may be made to the person holding the event in individual servings only for immediate consumption on premises other than that of the licensee, provided that the licensee has been hired to serve food to a group of people attending the catered event by invitation or by ticket. If the holder of the event wants to operate a cash bar for retail sales of alcohol, then he or she must apply for a Class C (temporary special event-for non village-owned property) license. The annual fee for such license shall be $1,000, unless fewer than 35 events are catered within the licensing year, in which case the annual fee shall be $750. The licensee shall comply with the following additional regulations:
      (1)   Compliance with the hours of operation requirements of § 117.41 below.
      (2)   No package sales shall be permitted under this license. The sale of beer, wine, spirits or other alcoholic beverages (e.g., wine coolers, spirits, prepared mixed drinks, etc.) in kegs or pitchers is prohibited.
      (3)   Patrons are prohibited from taking any opened alcoholic beverage outside of the premises, except for a recorked wine bottle that has been sealed in a carryout bag in accordance with state law (235 ILCS 5/6-33).
      (4)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
   (L)   Class L (limited service restaurant operated at recreational facility) license.
      (1)   A Class L license shall authorize the retail sale of alcoholic liquor in a limited service restaurant located at a recreational facility for consumption only within the licensed premises. Alcoholic liquor shall be served as an adjunct to food service at the restaurant. There may be a patron bar or service bar within or on the licensed premises.
      (2)   A Class L license shall be subject to all of the following conditions and such other appropriate conditions required by the corporate authorities of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of alcoholic liquor is restricted to the dining area of the restaurant and the licensed premises.
         (b)   Alcoholic liquor shall not be sold in pitchers.
         (c)   No package sales shall be permitted.
         (d)   No billiard and/or pool tables or mechanical/electrical amusement devices, as defined in the Village Code or Illinois state law shall be permitted on the licensed premises, except for sports-related electronic video devices or video simulators provided that the devices or simulators are maintained in a separate room from the bar area.
         (e)   Alcoholic liquor shall be sold and served by a Class L licensee only during the time that meals are being served.
      (5)   The annual fee for a Class L license shall be:
         (a)   Regular closing hours - $1,550.
         (b)   Extended closing hours - $1,850.
      (6)   No Class L liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
      (7)   Compliance with the hours of operation requirements of § 117.41 below.
      (8)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (9)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (M)   Class M (video gaming cafe/bistro) license.
      (1)   A Class M license shall authorize the retail sale of beer and wine only in a video gaming cafe/bistro. Beer and wine shall be served as an adjunct to café fare as specified in the definition of video gaming cafe/bistro above in § 117.01.
      (2)   A Class M license shall be subject to all of the following conditions and such other appropriate conditions required by the corporate authorities of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of beer and wine is allowed in the entire licensed premises, but there shall be a designated gaming area in the cafe/bistro where the video terminals are located, separate from tables meant for food service and consumption of cafe/bistro fare.
         (b)   Beer and wine shall not be sold in pitchers.
         (c)   No package sales shall be permitted.
         (d)   Beer and wine shall be sold and served only during the permitted service hours set forth in § 117.41 below. The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited.
         (e)   A Class M licensee must have a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., and shall comply at all times with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board. A failure to maintain a video gaming license in good standing shall result in the immediate suspension of the Class M liquor license.
         (f)   No Class M liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
         (g)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
         (h)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
         (i)   Minors are not allowed in video gaming cafe/bistro establishments.
         (j)   Class M liquor licensees are required to install and operate a video and audio surveillance system within the licensed premises which shall record the activities within all parts of the licensed premises and shall function during all operating hours. In the alternative, such licensees may maintain a security guard on the licensed premises during all operating hours, whose duties shall include ensuring that no loitering occurs on the licensed premises. A Class M liquor licensee who fails to maintain a security guard or video and audio surveillance system as required by this subsection shall be subject to citation and to all penalties provided in § 117.99, including but not limited to monetary fines and suspension or revocation of the liquor license.
      (3)   The annual fee for a Class M license shall be:
         (a)   Regular closing hours: $1,250.
         (b)   Extended closing hours: $2,000.
      (4)   No new Class M (Video Gaming Café/Bistro) licenses shall be issued after July 31, 2023. Class M (Video Gaming Café/Bistro) licenses existing on July 31, 2023, may continue to operate and may be renewed until such time as the license terminates due to closure of the establishment or due to termination of the license pursuant to the provisions of this chapter.
   (N)   Class N (bar and grill) license.
      (1)   A Class N license shall authorize the retail sale, on the authorized premises, of alcoholic liquor (beer, wine, spirits and other alcoholic liquor) by the drink for consumption on the premises.
      (2)   A Class N licensee may operate a limited food service restaurant, which can consist of a full kitchen for preparation of full meals or a limited kitchen (e.g., hot plates, small ovens, small deep fryers, microwaves, refrigerators and coolers, etc.) for preparation of a limited food menu (e.g. appetizers, salads, sandwiches, hamburgers, chicken wings, tacos and other casual dinning fare) or the licensee may have a limited kitchen with a limited food menu, but also establish and maintain active business relationships with local and regional restaurants and food delivery services so that patrons can order and eat food from the menu or delivered to the restaurant.
      (3)   The retail sale, service and on-site consumption of alcohol beverages shall only occur while the kitchen is open and consumption of alcohol shall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
      (4)   There may be a patron bar or a service bar within the licensed premises.
      (5)   A Class N license shall be subject to all of the following conditions and such other appropriate conditions required by the corporate authorities of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of beer, wine, spirits and other alcoholic liquor shall occur only within the licensed premises.
         (b)   Beer, wine and spirits shall not be sold in pitchers.
         (c)   No package sales shall be permitted.
      (6)   Billiards and/or pool tables or mechanical/electrical amusement devices, as defined and regulated in § 114.07 (Coin And Non-Coin Operated Amusement Devices), § 114.08 (Music Devices) and Chapter 125 (Video Gaming) of the Village Code or Illinois state law, shall be permitted on the licensed premises, including sports-related electronic video devices or video simulators and internet music stations and jukeboxes, provided that the devices or simulators are maintained in a separate area or room from the dining area or bar area, provided the licensee complies with the Village mechanical/electrical amusement device licensing requirements. Video gaming terminals, as regulated by the Illinois Video Gaming Act (235 ILCS 5/6-33) and Chapter 125 (Video Gaming) of this Code, may be operated on the licensed premises, provided the licensee complies with required state and Village licensing requirements.
      (7)   No holder of a Class N liquor license shall require a person to pay a cover charge or any other type or form of admission fee in order to be able to enter the premises for which the license was issued.
      (8)   The annual fee for a Class N liquor license shall be:
         (a)   Regular closing hours: $1,250.
         (b)   Extended closing hours: $2,000.
      (9)   Compliance with the hours of operation requirements of § 117.41 below.
      (10)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
      (11)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
   (O)   BYOB - Corkage License (Beer and Wine Only) license - Restaurants.
      (1)   A Class N license shall authorize restaurants that do not sell alcoholic beverages to permit consumption of beer and wine only brought onto the premises of a restaurant by an adult patron for personal consumption, including consumption by their adult dining guest(s), subject to all of the following conditions and such other appropriate conditions required by the Local Liquor Control Commissioner and the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of beer and wine is restricted to the licensed premises. If the restaurant maintains an area for outdoor dining, as defined in § 17.4 of the Zoning Ordinance of the Village of Maywood, then the licensed premises may include the outdoor dining area as well as the dining area of the restaurant, subject to the approval of Local Liquor Control Commissioner and the Village Board.
         (b)   The restaurant may charge a corkage fee to the patron.
         (c)   The sale of beer, wine, spirits and all other types of alcoholic liquor beverages to patrons of the licensed premises shall be prohibited.
         (d)   No package sales shall be permitted under this license. The retail sale of beer, wine, spirits or other alcoholic beverages (e.g., wine coolers, spirits, prepared mixed drinks, etc.) in single cans or bottles, kegs or pitchers or any other form is prohibited.
         (e)   The licensee, on-site manager(s) or its BASSET-trained wait staff shall be responsible for opening the beer or wine bottles or containers brought into licensed premises by the patrons and may provide glasses to the patrons as part of the service of the beer or wine to its patrons.
         (f)   Patrons are prohibited from taking any opened alcoholic beverage outside of the premises, except for a re-corked wine bottle that has been sealed in a carry-out bag in accordance with state law (235 ILCS 5/6-33).
         (g)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
         (h)   Compliance with the hours of operation requirements of § 117.41 below.
         (i)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
      (2)   The annual fee for a Class N license shall be:
         (a)   Regular closing hours: $1,000.
         (b)   Extended closing hours: $1,300.
   (P)   Class P (BYOB - Corkage license - Smoking Lounge.
      (1)   A Class P license shall authorize smoking lounges that are not allowed to sell alcoholic beverages to permit consumption of alcoholic liquor brought onto the premises of a restaurant by an adult patron for personal consumption, including consumption by their adult guest(s), subject to all of the following conditions and such other appropriate conditions required by the Local Liquor Control Commissioner and the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Consumption of alcoholic liquor is restricted to the licensed premises.
         (b)   The smoking lounge may charge a corkage fee to the patron.
         (c)   No meal service is required.
         (d)   The sale of alcoholic liquor in any form, to patrons of the licensed premises for either off-premises or on- premises consumption shall be prohibited.
         (e)   The licensee, on-site manager(s) or its BASSET-trained wait staff shall be responsible for opening the alcoholic liquor bottles or containers brought into licensed premises by the patrons and may provide glasses to the patrons as part of the service of the alcoholic liquor to its patrons.
         (f)   Patrons are prohibited from taking any opened alcoholic beverage outside of the premises, except for a re-corked wine bottle that has been sealed in a carry-out bag in accordance with state law (235 ILCS 5/6-33).
         (g)   Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 117.28 below.
         (h)   Compliance with the hours of operation requirements of § 117.41 below.
         (i)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
      (2)   The annual fee for a Class P license shall be:
         (a)   Regular closing hours: $1,000.
         (b)   Extended closing hours: $1,300.
   (Q)   Class Q (Fulfillment Center Alcoholic Liquor Package Sales and Delivery License).
      (1)   A Class Q license shall authorize the retail sale and subsequent delivery by fulfillment centers with usable floor space of 25,000 square feet or more off the licensed premises of alcoholic liquor in its original package, not for consumption on the premises. A Class Q license is subject to all of the following conditions and such other appropriate conditions required by the Local Liquor Control Commissioner and the President and Board of Trustees of the Village in an ordinance approving the creation and issuance of such a liquor license:
         (a)   Alcoholic liquor must be delivered by an individual at least 21 years of age or older who is an employee or agent of a Class Q liquor license holder. Delivery as authorized by this division (Q) shall not include the use of common carriers;
         (b)   Deliveries must be during liquor service hours allowed for the Class Q liquor license holder pursuant to the hours of operation requirements of § 117.41 below;
         (c)   The packaging of any alcoholic liquor delivered under this section shall be clearly labeled with the following words: “CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY.” This warning must be prominently displayed on the packaging;
         (d)   The employee or agent of a Class Q liquor license holder that carries or transports alcoholic liquor within the Village shall not deliver or leave such deliveries without requiring a signature of an individual 21 years of age or older;
         (e)   Adequate evidence for proof of age shall be produced to the delivery agent in all instances of delivery;
         (f)   The delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery;
         (g)   A record shall be kept by the employee or agent of a liquor license holder who delivers alcoholic liquor within the Village indicating the purchaser’s name, address, and driver’s license/state identification number: the time, date and place of delivery; and the individual deliverer’s identity; and
         (h)   All persons delivering alcoholic liquor within the Village shall receive BASSET training and training that covers the Village’s rules and regulations, specifically regarding how to properly check and record proper identification. Proof of this training shall be provided to the Village upon request.
         (i)   Compliance with the hours of operation requirements of § 117.41 below.
         (j)   Compliance with the insurance and indemnification requirements of § 117.57 below, as applicable.
      (2)   The annual fee for a Class Q license shall be $3,200.
   (R)   Increase or decrease in number of licenses. The number of licenses authorized to be issued for each license class may be increased or decreased from time to time only by an ordinance duly adopted by the President and Board of Trustees upon a determination that such increase or decrease in the number of licenses is in the best interests of the Village, except that no class M (Video Gaming Café/Bistro) licenses shall be issued after July 31, 2023. Class M (Video Gaming Café/Bistro licenses existing on July 31, 2023, may continue to operate and may be renewed until such time as the license terminates due to closure of the establishment or due to termination of the license pursuant to the provisions of this chapter. The number of licenses authorized for the above classes shall be information retained by, and available from, the Office of the Village Clerk. When a liquor license expires or is not renewed or is revoked or terminated, it shall automatically reduce the number of authorized licenses of the particular class by the total number of revoked or terminated licenses in the particular class.
In addition, the Local Commissioner shall notify, in writing, the Village Clerk and Board of Trustees of the revocation or termination of any authorized license within 7 days of such occurrence.
(1997 Code, § 35.07) (Ord. 78-10, passed 5-25-1978; Am. Ord. 82-7, passed 2-25-1982; Am. Ord. 84-1, passed 1-26-1984; Am. Ord. 85-11, passed 4-25-1985; Am. Ord. 89-8, passed 6-22-1989; Am. Ord. 91-1, passed 5-9-1991; Am. Ord. CO-97-07, passed 10-9-1997; Am. Ord. CO-03-01, passed 1-6-2003; Am. Ord. CO-04-18, passed 6-21-2004; Am. Ord. CO-05-37, passed 10-12-2005; Am. Ord. CO-05-50, passed 12-4-2005; Am. Ord. CO-08-08, passed 3-18-2008; Am. Ord. CO-08-25, passed 6-16-2008; Am. Ord. CO-08-26, passed 6-16-2008; Am. Ord. CO-08-34, passed 8-19-2008; Am. Ord. CO-08-46, passed 11-18-2008; Am. Ord. CO-2010-25, passed 12-21-2010; Am. Ord. CO-2011-05, passed 3-1-2011; Am. Ord. 2011-13, passed 8-16-2011; Am. Ord. CO-2011-14, passed 8-16-2011; Am. Ord. CO-2011-28, passed 7-19-2011; Am. Ord. CO-2012-25, passed 7-17-2012; Am. Ord. CO-2013-04, passed 2-5-2013; Am. Ord. CO-2014-17, passed 4-29-2014; Am. Ord. CO-2014-38, passed 11-17-2014; Am. Ord. CO-2015-15, passed 5-19-2015; Am. Ord. CO-2015-16, passed 5-19-2015; Am. Ord. CO-2015-30, passed 12-15-2015; Am. Ord. CO-2016-20, passed 9-20-2016; Am. Ord. CO-2016-32, passed 12-21-2016; Am. Ord. 2018-38, passed 9-4-2018; Am. Ord. CO-2020- 08, passed 3-17-2020; Am. Ord. CO-2020-29, passed 10-20-2020; Am. Ord. CO-2023-36, passed 6-20-2023 Am. Ord. CO-2023-31, passed 7-11-2023; Am. Ord. CO-2023-40, passed 9-12-2023; Am. Ord. CO-2023-43, passed 10-10-2023; Am. Ord. CO-2024-05, passed 2-6-2024)