The Local Liquor Control Commissioner shall issue no class of license or permit other than the following:
(A) Class A License. A Class A license shall permit the licensee to sell at retail any and all alcoholic liquor, by the drink and in package, for consumption on or off the premises where it is sold. Not more than 5 such licenses may be issued.
(B) Class B License. A Class B license shall permit the licensee to sell at retail any and all alcoholic liquor by the drink, and not in package, for consumption only on the premises where it is sold. A Class B licensee may not sell any alcoholic liquor in package or for consumption off the premises of the licensee. Not more than 6 such licenses may be issued.
(C) Class C License. A Class C license shall permit the licensee to sell any and all alcoholic liquor at retail by the drink, and not in package, for consumption only on the premises where it is sold. A Class C licensee may not sell any alcoholic liquor in package or for consumption off the premises of the licensee. Class C licenses may be issued only to the operator of a restaurant, as defined in § 111.003, and for which restaurant the sale of nonalcoholic items represents 70% or more of the total sales of the restaurant. Not more than 5 such licenses may be issued. Each holder of a Class C license shall provide to the Liquor Commissioner copies of the licensee’s sales tax returns at the same time that the returns are provided to the Illinois Department of Revenue. Failure to provide these returns in a timely manner may be grounds for the revocation of the license.
(D) Class D License. A Class D license shall permit the licensee to sell at retail any and all alcoholic liquor in the original package and not for consumption on the premises where it is sold. Not more than 2 such licenses may be issued.
(E) Reserved.
(F) Class E License. A Class E license shall permit the licensee to sell at retail any and all alcoholic liquor at a picnic, outing, festival, party, or other such occasion, by the drink, and not in package, for consumption only on the premises where it is sold, or within an area specifically designated in that license. The following conditions apply to Class E licenses:
(1) Class E licenses may be issued only to educational, fraternal, civic, service, political, religious, charitable, or other nonprofit organizations, unless otherwise approved by the Local Liquor Control Commissioner.
(2) Class E licenses shall be limited in term, which shall not exceed 2 consecutive days, and no more than 3 such licenses shall be issued and outstanding at any 1 time.
(3) No person, firm, organization, association, or corporation shall be issued more than 5 Class E licenses in any 1 calendar year.
(4) Applicants for these licenses shall provide proof of insurance, both liability and dram shop, at the time of application, which shall be at least 15 business days prior to the date for which the license is requested.
(5) Applicants issued a Class E license for an event that is partially or completely held outdoors shall:
(a) Use only paper or plastic products to serve alcoholic liquor or food;
(b) Provide fencing with at least 2 means of ingress and 2 means of egress around the area designated in the license;
(c) Monitor each means of ingress and egress so as to provide adequate crowd control; and
(d) Prevent alcoholic liquor from being removed from the designated area by invitees or customers.
(6) The Class E license holder shall, within 24 hours after the ending time of the event, remove all refuse, litter, debris, garbage, and the like from the property used for the event and the abutting public right-of-way. Upon written application, the 24-hour period may be extended by the Commissioner for a definite period of time for good cause shown. GOOD CAUSE shall include but not be limited to natural disasters and extreme weather conditions.
(7) In the event that a Class E license holder does not remove all refuse, litter, debris, garbage, and the like in the 24-hour period, or an extension thereof granted by the Liquor Control Commissioner as provided above, the city may, after 24 hours’ notice to the licensee, remove all refuse, litter, debris, garbage and the like from the property used for the event. The notice to the licensee shall state that the failure of the owner of the property or licensee to remove all refuse, litter, debris, garbage, and the like within the 24-hour period as required by that notice shall be deemed to form a contract between the city and the owner of the property and licensee for payment of the cost of the removal of the refuse, litter, debris, garbage and the like. Service of the notice from the city shall be made upon the license holder and the owner of the property. Service shall be by personal service, except that if personal service cannot be made upon diligent inquiry, service may be had by posting the notice on the property. The reasonable cost of the removal shall be a lien upon the real property for which the license was issued, which may be recovered by foreclosure of the lien or the filing of an ordinance violation complaint against the licensee, or both.
(8) The failure of the licensee to remove all refuse, litter, debris, and garbage, and the like within the aforesaid 24-hour period, or any extensions granted by the Liquor Control Commissioner, shall also constitute a violation of this chapter for which the licensee may be fined hereunder, or the license may be suspended or revoked.
(9) The Local Liquor Control Commissioner may impose reasonable conditions upon the issuance of any Class E license. In no event shall the alcoholic liquor sold under the auspices of a Class E license be sold or consumed on public property unless otherwise approved by the Local Liquor Control Commissioner. In no event shall a Class E license be issued for an event on public property unless the applicant executes an indemnification and hold harmless agreement on a form provided by the city.
(G) Class F License. A Class F license may be issued to the operator of any establishment licensed by the Piatt County Liquor Commission to engage in the retail sale of any alcoholic liquor upon the annexation of that establishment to the city. The operator of the establishment must satisfy the provisions of § 111.036 in order to receive a Class F license. A Class F license will permit the licensee to operate under the same liquor control restrictions as imposed by Piatt County for the class of license issued the establishment by the Piatt County Liquor Control Commission. The Class F license shall expire at the same date the Piatt County Liquor license under which the establishment operated prior to the annexation would have expired. The operator of the annexed establishment must apply for and receive a Monticello Class A, B, C, or D license prior to the expiration of the Class F license.
(H) Reserved.
(I) Class H License.
(1) A Class H license may be issued to the holder of a Class A, B, C, or J license, as defined in this chapter. A Class H license holder may sell alcoholic liquor at retail by the drink, and not in package, for consumption only, upon the sidewalk immediately adjacent to the establishment holding the license and not extending to areas abutting the neighboring property (hereinafter “license area”), except as provided in § 111.031(I)(3) only to patrons, seated at tables provided by the licensee. Not more than 6 such licenses shall be issued.
(2) During all times the license is in effect, the licensee shall:
(a) Not allow or permit any customer, employee, or other person to remove alcoholic liquor from the license area;
(b) Post upon each table located within the license area information clearly describing the boundaries of the license area and informing patrons that they are prohibited from removing alcoholic liquor from the license area;
(c) Keep the license area free of litter, cans, bottles, and spills at all times. The licensee shall promptly collect and dispose of all litter, trash, and other waste materials associated with the service of alcoholic liquor. The licensee shall dispose of this waste in his, her, or its own trash containers only;
(d) Only serve, and not prepare or cook food or meals in the license area;
(e) Not obstruct the use of the sidewalk by the general public; and
(f) Procure and maintain, for the duration of the permit, public liability and property damage insurance pertaining to the license area in a minimum amount of $1,000,000 per person and $1,000,000 in the aggregate per occurrence and property damage in a minimum amount of $1,000,000, which shall name the City of Monticello, its officers, and employees as additional insureds, and the same shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days’ advance written notice to the city. Proof of this insurance, issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance, shall be attached to the application.
(3) A Class H license holder may sell alcoholic liquor at retail by the drink, and not in package, for consumption upon sidewalk abutting a property adjacent to the licensed premises (the "extended license area") subject to compliance with the following conditions:
(a) The license holder shall submit a plan in a form acceptable to the Local Liquor Commissioner detailing the location, area, and dimensions of the extended license area, including, without limitation, the location and number of tables, chairs, and other personal property proposed to be located in the extended license area, and the location of the entrance to the licensed premises;
(b) The license holder shall obtain and submit the written consent of the owner and occupant of the property adjoining the extended license area on a form acceptable to the Local Liquor Commissioner;
(c) The extended license area shall not extend farther than 100 feet from the entrance to the licensed premises;
(d) The extended license area shall be accessible by a clear, unrestricted path leading from the licensed premise's entrance through the extended license area;
(e) The license holder shall procure and maintain insurance coverage in the amounts, duration, and specifications required by § 111.031(I)(2)(f) naming as additional insureds the owner and occupant of the property adjoining the extended license area;
(f) The license holder and the extended license area shall comply with all provisions of this code, including, without limitation, those conditions set forth in § 111.031(I)(2); and
(g) The license holder and the extended license area shall comply with all conditions deemed necessary and imposed by the Local Liquor Commissioner to protect the public health, safety, and welfare, in and around the extended license area, including, without limitation, erecting and maintaining appropriate barriers and/or fencing separating the extended license area from the sidewalk reserved for use by the general public.
(J) Class I license.
(1) A Class I license shall permit the sale of alcoholic liquor by a caterer within the licensed premises. For purposes of this section, a CATERER shall be defined as a party engaged in the business of providing food service at private parties, weddings or other similar private events which are not open to the general public, at a location other than the premises leased, owned, or otherwise operated by the party, and the location of the catered event shall be deemed the licensed premises. Not more than 1 such license shall be issued.
(2) A Class I licensee shall meet and operate in compliance with the following requirements:
(a) Consumption of alcoholic liquor shall only be permitted on the premises where the food is catered;
(b) Gross revenues from the sale of alcoholic liquor at any event catered by a Class I licensee shall not exceed 40% of the total gross revenues generated from the sale of alcohol and food at that event, and proof thereof shall be available upon the request by the city for a period of 30 days after each catered event;
(c) In the event that the Class I licensee has entered into a contract with another individual or entity for the service of food at the catered event, a copy of the contract shall be available for inspection on the premises of the catered event, during the event; and
(d) Service of alcohol at any event catered by a Class I licensee shall not exceed 8 consecutive hours.
(K) Class J license.
(1) A Class J license shall permit the retail sale of beer manufactured on the premises, by the drink and in its original package, for consumption on or off the premises, and the retail sale of alcoholic liquor, by the drink and in its original package, for consumption on or off the premises. Not more than 1 such license may be issued.
(2) A Class J licensee shall meet and operate in compliance with the following requirements:
(a) Beer must be manufactured on the premises; and
(b) The retail sale, display and consumption of beer and alcoholic liquor shall only be permitted in an area not exceeding 70% of the gross square footage of the licensed premises; and
(c) Any portion of the licensed premises used for beer manufacturing, storage and/or shipping shall be segregated and secured from the remainder of the premises, and public access shall not be allowed except during supervised tours of the premises; and
(d) Consumption of beer and alcoholic liquor shall not occur in any portion of the licensed premises used for beer manufacturing, storage and/or shipping, except during supervised tours and private parties;
(e) The licensee shall comply with all federal, state and local laws, rules and regulations, including, but not limited to, procurement of any required federal brewer’s notice, Illinois manufacturer’s liquor license, Illinois craft brewer’s license, and all required licenses and permits concerning manufacturing, packaging, storing, selling and distributing beer and alcoholic beverages; and
(f) The licensee shall maintain and operate a commercial kitchen on the premises where meals are actually and regularly prepared and offered principally for purchase and consumption on the premises.
(L) Class K license.
(1) A Class K license shall permit the licensee to sell at retail wine and beer by the drink for consumption on the premises, and in package, for consumption off the premises where it is sold, in a nontraditional setting. Not more than 1 such license may be issued.
(2) The following conditions apply to Class K licenses:
(a) Wine and beer may be served or sold no earlier than the hours identified in § 111.037.
(b) Prior to receiving a license, Class K license holders shall provide the Local Liquor Control Commissioner with a written schedule identifying all dates and times during which wine and beer will be served and sold on the premises. Class K license holders shall provide advance written notice to the Local Liquor Control Commissioner of any changes to the schedule.
(Am. Ord. 2008-30, passed 7-14-2008; Am. Ord. 2010-26, passed 6-14-2010; Am. Ord. 2010-33, passed 7-12-2010; Am. Ord. 2010-36, passed 8-9-2010; Am. Ord. 2010-51, passed 11-8-2010; Am. Ord. 2011-13, passed 4-25-2011; Am. Ord. 2011-15, passed 4-25-2011; Am. Ord. 2013-62, passed 10-28-2013; Am. Ord. 2015-59, passed 12-14-2015; Am. Ord. 2015-60, passed 12-15-2015; Am. Ord. 2016-18, passed 3-28-2016; Am. Ord. 2016-22, passed 4-11-2016; Am. Ord. 2016-27, passed 4-25-2016; Am. Ord. 2016-35, passed 6-13-2016; Am. Ord. 2016-53, passed 8-22-2016; Am. Ord. 2017-85, passed 11-13-2017; Am. Ord. 2018-26, passed 6-25-2018; Am. Ord. 2015-61, passed 12-10-2018; Am. Ord. 2019-11, passed 1-28-2019; Am. Ord. 2019-15, passed 3-11-2019; Am. Ord. 2019-65, passed 11-25-2019; Am. Ord. 2020-28, passed 6-8-2020; Am. Ord. 2023-30, passed 6-12-2023)
Cross-reference:
Consumption on unlicensed premises, see § 111.080 of this code of ordinances
Other provisions regarding Class E licenses, see § 111.095