Licenses to sell alcoholic liquor shall be of the following classes:
(A) A “Package and Consumption Sales License” shall entitle the Licensee to make consumption and package sales of alcoholic liquor. The license fee for a “Package and Consumption Sales License” shall be Three Thousand Dollars ($3,000.00) per annum.
(B) A “Club License” shall entitle Licensee to make consumption and package sales of alcoholic liquor. The license shall issue only for clubs and bowling alleys; provided that no person shall receive a license to sell alcoholic liquor upon any premises as a club unless it has the qualifications described in the definition for club in § 111.02 of the Revised Code. The license fee for a “Club License” shall be Two Thousand Dollars ($2,000.00) per annum; provided, however, that with respect to a club as defined within the definition for club in § 111.02 having a total membership of less than 300 members, the license fee shall be Five Hundred Dollars ($500.00).
(C) A “Restaurant With Lounge License” shall entitle the Licensee to make consumption sales of alcoholic liquor; the Licensee shall make no package sales. This license shall issue only for licensed premises having a dining area, a kitchen area, and a lounge area physically separate, divided, and apart from one another, and no sales of alcoholic liquor shall occur within the dining area except with meals. The dining area of a Restaurant with Lounge License shall include any sidewalk dining area which is in compliance with Chapter 119 of the Revised Code of Ordinances and which is subject to a Downtown Sidewalk Dining Liquor Permit described within subparagraph (N) herein. The Licensee fee for a “Restaurant With Lounge License” shall be Two Thousand Dollars ($2,000.00) per annum.
(D) A “Restaurant License” shall entitle the Licensee to make consumption sales of beer and wine only; the Licensee shall make no package sales. This license shall issue only for restaurants as defined herein. No person shall receive a “Restaurant License” to sell alcoholic liquor upon any premises unless it has the qualifications described in the definition for restaurant in § 111.02 of the Revised Code and also meets all of the requirements hereinafter stated. No restaurant licensed hereunder shall sell alcoholic liquor except with meals and all meals served shall include food actually prepared within the kitchen upon the premises. Meals shall be served during all times that the licensed premises is open to the public. The restaurant’s total gross receipts from food and non-alcoholic beverages shall be not less than 51% of the total gross receipts from all sources including food, non-alcoholic beverages, alcoholic beverages, and video gaming. No restaurant shall have any lounge or bar or other similar area; only a service bar is permitted. The kitchen shall be equipped with a stove or grill or other similar device, affixed to the premises, having an open flame or exposed heat source upon which a majority of all cooking shall occur; microwave devices and portable devices such as hotplates and countertop ovens are not prohibited, but microwave and portable devices shall not be the only, nor the predominant, cooking method. The dining area of the Licensed Premises of the Restaurant License shall include any sidewalk dining area which is in compliance with Chapter 119 of the Revised Code of Ordinances and which is subject to a Downtown Sidewalk Dining Liquor Permit described within subparagraph (N) herein. The license fee for a “Restaurant License” shall be Eight Hundred Dollars ($800.00) per annum.
(E) A “Hotel License” shall entitle the Licensee to make consumption sales of alcoholic liquor; the Licensee shall make no package sales; sale of alcoholic liquor in the original package which is consumed upon the licensed premises as hereinafter provided is a consumption sale as defined within § 111.02 (definitions for consumption sales and package sales) of the Revised Code. This license shall issue only for hotels and motels. No person shall receive a “Hotel License” to sell alcoholic liquor upon any premises unless the premises has the qualifications described in the definition for hotel in § 111.02. The license may issue to the hotel owner or hotel operator or may issue to the Lessee of the restaurant situated within the hotel, provided that in all events the licensed premises shall be the entire hotel property and the Licensee shall be responsible with regard to the provisions of this Ordinance for the licensed premises and control premises of the hotel. The dining area, a kitchen area, and any lounge area of the licensed premises shall be physically separate, divided, and apart from one another, and no sales of alcoholic liquor shall occur within the dining area except with meals; consumption sales to the general public may be made within the dining area and lounge. Consumption sales may also be made upon the Licensed Premises to hotel guests and attendees of registered users of the hotel (but not to the general public) for consumption upon the remainder of the Licensed Premises, although neither possession nor consumption of alcoholic liquor shall be permitted within any motor vehicle, upon any parking lot, or upon any area designated for or used by motor vehicles. The license fee for a “Hotel License” shall be Two Thousand Dollars ($2,000.00) per annum. A violation of this Ordinance by a Licensee holding a license as the Lessee of the hotel restaurant shall also be considered to be the violation of the hotel premises for licensing purposes regardless of in whose name the license is held or has been held.
(F) A “Hotel Patron License” shall entitle Licensee to make consumption sales of alcoholic liquor only as specifically hereinafter provided; the Licensee shall make no other consumption sales and shall make no package sales; sale of alcoholic liquor in the original package which is consumed on the licensed premises as hereinafter provided is a consumption sale as defined within § 111.02 (definitions for consumption sales and package sales) of the Revised Code. This License shall issue only for hotels and motels and shall issue only to the hotel owner or hotel operator. No person shall receive a “Hotel Patron License” to sell alcoholic liquor upon any premises unless the premises has the qualifications described in the definition for hotel in § 111.02, except that the premises shall not be required to have a restaurant. The Licensed Premises shall have only a service bar or pantry, and shall not have any other bar area, counter area, or segregated lounge area that is restricted or designated primarily for consumption of alcoholic liquor; alcoholic liquor shall be served only by an employee of the Licensee and the alcoholic liquor shall be consumed only upon the Licensed Premises; A Hotel Patron The License shall entitle Licensee to make consumption sales only to registered guests and to attendees of registered users of the hotel; consumption sales shall not be made to the general public. The Licensed Premises shall be the entire hotel property, although neither possession nor consumption of alcoholic liquor shall be permitted within any motor vehicle, upon any parking lot, or upon any area designated for or used by motor vehicles. The License Fee for a “Hotel Patron License” shall be Eight Hundred Dollars ($800.00) per annum.
(G) (1) A “Package Sales License” shall entitle Licensee to make package sales of alcoholic liquor; and, if applicable, limited consumption sales of beer and wine only. Except as hereinafter provided as to a Licensee first licensed prior to August 21, 2017, the Licensee shall make no consumption sales. The license fee for a “Package Sales License” shall be Two Thousand Dollars ($2,000.00) per annum if only for package sales.
(2) A Licensee licensed prior to August 21, 2017 and who thereafter remains continuously licensed and lawfully operating without interruption may elect to make package sales of alcoholic liquor and consumption sales of beer and wine as hereinafter provided by paying a licensing fee of Four Thousand Dollars ($4,000.00); said Licensee shall comply with all of the requirements of §§ 114.01 through 114.09, of the Revised Code of Ordinances as well as all of the requirements of this chapter of the Revised Code of Ordinances, with the most restrictive requirement being applicable in the event of any conflict; said Licensee shall not have any lounge or bar or other similar area, and only a service bar shall be permitted and said service bar shall serve, and the consumption of beer and wine shall only occur within, a restricted area where the video gaming terminals are situated.
(H) A “Package Sales Beer and Wine License” shall entitle Licensee to make package sales of beer and wine only; the Licensee shall make no consumption sales. The license fee for a “Package Sales License” shall be Two Thousand Dollars ($2,000.00) per annum.
(I) A “Wine-Makers License” shall entitle the Licensee to manufacture wine and to store wine on the licensed premises, to make sales of wine manufactured on the premises to distributors and to importing distributors for resale, to sell and offer for “sale at retail” wine manufactured on the premises and also beer, and to ship wine manufactured on the premises directly to a resident of the State of Illinois who is 21 years of age or older for that resident’s personal use and not for resale. “Sale at retail” upon the licensed premises as to wine shall be for consumption or for sale by the package; but as to beer, such sale at retail shall be for sale of beer for consumption upon the premises only and not for package sales of beer. The license fee for a “Wine-Makers License” shall be Two Thousand Dollars ($2,000.00) per annum.
(J) An “Event Center License” shall entitle the Licensee to make consumption sales of alcoholic liquor; the Licensee shall make no package sales. The license shall issue only for a place of business which has space and facilities within the licensed premises used for accommodating banquets, business meetings, trade shows, conventions, social gatherings, private receptions, inside sporting activities, entertainment performances, and similar indoor events. Licensee shall not permit consumption of alcoholic liquor except during the scheduled time of the event. The manager or other employee of Licensee must be on duty and on the licensed premises at all times any person or persons are upon the premises and all events shall be under the supervision and direction of the employee or employees of Licensee. No Licensee shall operate a lounge or a bar upon the licensed premises at any time except during and for the scheduled event. No video gaming terminal shall be permitted upon the licensed premises and the licensed premises shall not be eligible for a Video Gaming Terminal License described within §§ 114.01 through 114.09 of the Revised Code of Ordinances. The license fee for an “Event Center License” shall be Two Thousand Dollars ($2,000.00) per annum.
(K) (1) A “Temporary Special Event License” shall entitle the Licensee to make consumption sales of alcoholic liquor. This license shall be a temporary license which shall be issued solely to a not-for-profit organization for one (1) day, and no organization shall be entitled to more than three (3) such temporary daily permits in any one calendar year.
(2) The application for such “Temporary Special Event License” shall designate the premises for which a license is desired and the hours of operation. The license fee for a “Temporary Special Event License” shall be Fifty Dollars ($50.00) per day. No premises or control premises shall be the place for more than six (6) Temporary Special Event Licenses and/or Temporary Special Use Licenses (either singly or in combination) during any one calendar year. All beverages, including alcoholic liquors, served for consumption during a special event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served for consumption during a special event within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(L) A “Temporary Special Event Permit License” shall entitle the Licensee to make sales of alcoholic liquor; the license shall issue only to a Licensee who holds a valid license under one of the other license classifications of the City of Mt. Vernon and the Licensee shall be subject to the restrictions of such license with regard to the type of sales which Licensee may make. The permit license shall be a temporary license which shall be issued for one day and no Licensee shall be entitled to more than 26 such temporary daily permit licenses in any one calendar year. The application for such “Temporary Special Event Permit License” shall designate the premises for which a license is desired and the hours of operation. No permit license shall be issued for any premises within one hundred (100) feet, measured from boundary lines, of any property having a residential zoning classification within the Schedule of District Regulations of Chapter 161 of the Revised Code of Ordinances. The license fee for a “Temporary Special Event Permit License” shall be One Hundred Dollars ($100.00) per day. No Temporary Special Event Permit License shall issue unless the applicant shall provide written authorization or permission evidencing its right to use the premises subject of the Temporary Special Event Permit License, provide general liability insurance in an amount required within the permission or authorization, and comply with all other applicable provisions of this chapter of the Revised Code of Ordinances. All beverages, including alcoholic liquors, served for consumption during a special event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served for consumption during a special event within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(M) A “Temporary Special Use License” shall allow a holder of an Illinois Winemaker’s Premises License to transfer a portion of its wine inventory from its State licensed premises to the premises specified in the license hereby created and to sell or offer for sale at retail only in the premises specified in the license hereby created the transferred wine for use or consumption, including package sales, but not for resale in any form. Each Temporary Special Use License shall be for one (1) day and no winemaker shall be entitled to more than three (3) such Temporary Special Use Licenses in any one calendar year. The application for such Temporary Special Use License shall designate the premises for which the license is desired and the hours of operation. The license fee for a “Temporary Special Use License” shall be Fifty Dollars ($50.00) per day. No premises or control premises shall be the place for more than three (3) Temporary Special Event License and or Temporary Special Use License (either singly or in combination) during any one (1) calendar year.
(N) A “Downtown Sidewalk Dining Liquor Permit” shall entitle the Permittee to make sales of alcoholic liquor for consumption in accordance with the provisions of its license within a sidewalk dining area licensed under Chapter 119 of the Revised Code of Ordinances; such Permit shall be subject to all of the provisions of Chapter 119 of the Revised Code of Ordinances in addition to the provisions and requirements of this chapter of the Revised Code of Ordinances. A Downtown Sidewalk Dining Liquor Permit shall issue only to a Licensee who is holder of a valid Restaurant License or Restaurant with Lounge License; it shall be a permit granting additional privileges to such Licensee. The fee for a Downtown Sidewalk Dining Liquor Permit shall be One Hundred Dollars ($100.00) per annum. A Downtown Sidewalk Dining Liquor Permit shall permit the Licensee to make sales for consumption within the sidewalk dining area subject to the following restrictions:
(1) Alcoholic liquor shall not be sold, served, consumed, or possessed within a sidewalk dining area during any period when a City permitted parade or other City permitted event is conducted on the right-of-way that is adjacent to said sidewalk dining area.
(2) No alcoholic beverage may be stored or mixed within the sidewalk dining area.
(3) A sign must be posted in a visible location within the sidewalk dining area that states: “It is unlawful to remove alcoholic beverages from the sidewalk dining area.”
(O) A “Festival Events License” shall entitle the Licensee to make consumption sales of beer and wine on specific dates. The license shall issue solely to a not-for-organization and shall issue only for a location situated within a Festival Area as defined within § 111.02 of this Article. The application for a Festival Events License shall designate the specific dates that alcoholic liquor shall be available for consumption upon the licensed premises. The license fee for a Festival Events License shall be One Hundred Dollars ($100.00) per day for each day specified within the application, provided that the maximum fee during each licensing year shall not exceed Five Hundred Dollars ($500.00). No Festival Events License shall issue unless the applicant shall provide written authorization or permission evidencing its right to use an area within the Festival Area, provide general liability insurance in an amount required within the permission or authorization, and comply with all other applicable provisions of this chapter of the Revised Code of Ordinances. All beverages, including alcoholic liquors, served for consumption during a festival event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(P) A “Brew Pub License” shall entitle the Licensee to manufacture beer on the licensed premises and to store the manufactured beer on the licensed premises, to make sales of the beer manufactured on the premises to distributors and to importing distributors for resale, and to sell and offer for sale at retail the beer manufactured on the premises; such “sale at retail” shall be for consumption upon the licensed premises or sale by the package only at the licensed premises. A Brew Pub License shall also entitle Licensee to make consumption sales of beer or package sales of beer which is not manufactured on the licensed premises. The license fee for the “Brew Pub License” shall be Two Thousand Dollars ($2,000.00) per annum.
(Q) An “Interchange Video Gaming License” shall entitle the Licensee to make consumption sales of beer and wine only. The license shall issue only for establishments situated within a three-fourths mile radius (3,960 feet) of the point of intersection of the center line of Interstate Route 57 Exit Ramp Number 95 and the center line of Illinois State Route 15, or of the center line of Interstate Route 57 Exit Ramp Number 94 and the center line of Veterans Memorial Drive, or the center line of Interstate Route 64 Exit Ramp Number 80 and the center line of Illinois State Route 37. In addition, the license shall issue only for establishments licensed under §§ 114.01 through 114.09 of the Revised Code of Ordinances having not less than 5 licensed video gaming terminals; the Licensee must meet all requirements of Chapters 110, 111, 113, 114, 115, 116, 117, and 118 of the Revised Code of Ordinances, and in the event of any conflict, the most restrictive requirement shall be applicable. No premises licensed hereunder shall have any lounge or bar or other similar area; only a service bar is permitted and said service bar and consumption sales shall serve only the video gaming terminals or similar type additional terminals, such as an internet station. The license fee for a Video Gaming License shall be Two Thousand Dollars ($2,000.00) per annum.
(R) A “Retail Business Customer License” shall entitle the Licensee to make limited consumption sales of alcoholic liquor; the Licensee shall make no package sales. The Licensee shall, except during events subject to a Temporary Special Event Permit License, make sales only of beer and wine. The License shall issue only to a retail business making retail sales of goods or services whose primary sales are not the sale of alcoholic liquor or food or entertainment and for which the sale of alcoholic liquor is only an amenity offered for sale to customers of the retail business. No video gaming terminal shall be permitted upon the licensed premises and the licensed premises shall not be eligible for a Video Gaming Terminal License described within §§ 114.01 through 114.09 of the Revised Code of Ordinances. The licensed premises shall have no lounge, bar, or other similar area; only a service bar is permitted. The licensed premises may include the entire business premises of Licensee, which business premises shall be fully described with the Application for License. All beverages served for consumption upon the business premises shall be served only within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served within a glass bottle, cup, or mug or metal can, cup, or mug or similar type container. A Retail Business Customer License shall also entitle Licensee to apply for a Temporary Special Event Permit License which permits the sale of all alcoholic liquor for consumption and which is not restricted to sale of beer and wine only. The Licensee fee for a Retail Business Customer License shall be Two Thousand Dollars ($2,000.00) per annum.
(S) (1) A “Movie Theater License” shall entitle the Licensee to make consumption sales of alcoholic liquor; the Licensee shall make no package sales. The License shall issue only to a bona fide cinema or movie theater venue having multi-screen operations each day of the week and shall issue only for a business whose primary sales are not the sale of alcoholic liquor and for which sale of alcoholic liquor is only an amenity offered for sale to a customer in possession of a ticket for a movie being shown on date of the sale; only a service bar is permitted and there shall be no other bar, counter area, or segregated lounge area separate from the theater or movie viewing areas. As provided within § 111.07(O) of the Revised Code of Ordinances, no person under 21 years of age shall draw, pour, or mix any alcoholic liquor, and waiters and waitresses (i.e. any person serving or delivering an alcoholic beverage) must be at least 18 years of age.
(2) The licensed premises may include the entire interior of the business premises of Licensee, but the license premises shall not include, and no possession or consumption of alcoholic liquor shall occur within, any area exterior to a building, including but not limited to any parking lot, sidewalk, or similar area. Subject to the permitted hours for sale of alcoholic liquor within § 111.14 of the Revised Code of Ordinances, sale and consumption of alcoholic liquor shall occur only incidentally to the operation of the cinema or movie theater venue and only during the regular business hours of operation of the premises as a cinema or movie theater venue.
(T) Except as limited by the terms of the license of the permit, all licenses and permits shall be annual licenses and permits, and same shall expire on April 30 of each year following the date of issuance and shall consist of the name of the Licensee, the address and description of the licensed premises, and if applicable a notation permitting Sunday sales.
(Prior Code, Art. 6, § 6.5)