(A) No licensee shall cash checks or drafts to any purchaser or prospective purchaser of alcoholic liquors, which checks or drafts have been given such purchaser or prospective purchaser in payment of personal services, nor shall he give alcoholic liquors to any customer on credit.
(B) (1) Except as hereinafter provided, no Licensee or any agent, representative, manager, or employee of such Licensee shall permit or allow any person under the age of 21 years to enter or remain upon any control premises, nor shall any person under the age of 21 years enter or remain upon any control premises. Provided, however, that the foregoing prohibition shall not apply to persons under the age of 21 years who enter a licensed premises that primarily offers and sells goods and services other than alcoholic liquor; nor shall the prohibition apply to persons under the age of 21 years who enter a premises licensed to make consumption sales of alcoholic liquor and who remain only within a dining area, bowling area, or similar area which is physically separate, divided, and apart from any bar, lounge, or other area designated or designed primarily for consumption of alcoholic liquor; nor shall the prohibition apply to persons under the age of 21 accompanied by a parent or legal guardian who enter a licensed premises primarily offering packaged sales of alcoholic liquor. In addition, the foregoing prohibition shall not apply to persons between the ages of 18 and 21 years if the provisions of Subsection (O) hereinafter set forth are applicable.
(2) A person charged with a violation in any court or administrative hearing of this subsection shall have the burden of proving that he or she meets one of the described exceptions.
(C) No waiter or waitress nor any other employee of licensee shall enter, appear or remain within any dining area, any bowling area, or package sales area or other area of the control premises where minors are permitted, nor within any area which may reasonably be in view of a minor, unless said waiter, waitress or other employee shall be wearing or attired in non-transparent clothing which hides from view or prevents view of the breasts, the genitals, the buttocks and all areas of the torso and thigh from the bottom of the breast area downward to an area of the body which would cover from view the entire buttocks and genital area of the body.
(D) No person shall possess any open container or consume any alcoholic liquor upon any public property as defined in § 111.02 (definition of public property) within the corporate limits of the City. No licensee shall allow or permit any individual to transport or carry any alcoholic liquor out of the licensed premises of the licensee except in the original package with the seal unbroken.
(E) No gambling devices of any kind or nature, games of chance, punch boards, slot machines, dice, or any other instrument of gambling shall be permitted or allowed upon any premises licensed for the retail sale of alcoholic liquors except video gaming terminals licensed and permitted under the Illinois Video Gaming Act (230 ILCS 40/) and §§ 114.01 through 114.09 of the Revised Code of Ordinances.
(F) (1) No licensee nor any manager, agent, or employee of licensee shall permit or allow any waitress, waiter, hostess, bartender, employee, agent, patron, or any other person to enter or remain upon any licensed premises or any control premises nor shall any such licensee, manager, agent, waitress, waiter, hostess, bartender, employee, patron or any other person enter or remain upon the licensed premises or control premises unless dressed in non-transparent and opaque clothing which completely covers from view the human male genitals in a discernibly turgid state, even if opaquely covered, and the human male or female genitals, pubic area, vulva, buttocks, anus, anal cleft and anal cleavage, and the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola or nipple is not exposed in whole or in part. This subparagraph shall not be construed to apply to a person engaged in the bona fide use of a single sex restroom for its intended purpose or to an occupant(s), not otherwise visible to the public, within a hotel or motel room situated upon a control premises.
(2) No licensee nor any manager, agent or employee of licensee shall knowingly permit or allow any employee, agent, patron or any other person upon the licensed premises or control premises to engage in nor shall any licensee, employee, agent, patron or any other person knowingly engage in or knowingly participate in the fondling, caressing, or erotic touching of human genitals, pubic area, vulva, buttocks, anus, anal cleft or cleavage, or female breasts, whether covered or not, of another person. This subparagraph shall be construed so that each the person engaged in the touching and the recipient of the touching are each in violation of this Ordinance.
(G) No licensee or any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years except as hereinafter provided or to any intoxicated person or to any person known to him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment or to any person who is known to be an object of charity or who is known to be supported by any charitable association or institution or any relief commission or organization. Upon violation of this Subsection, the following fines and penalties shall be imposed upon the licensee and upon any officer, associate, member, representative, employee, or other agent of licensee.
(1) For the first violation of this Subsection, the licensee shall pay a fine of Five Hundred Dollars ($500.00), and the officer, associate, member, representative, employee, or other agent of licensee shall also pay a fine of Two Hundred Fifty Dollars ($250.00).
(2) For the second violation of this Subsection within any twelve (12) month period, the licensee shall pay a fine of One Thousand Dollars ($1000.00), and the officer, associate, member, representative, employee, or other agent of the licensee shall also pay a fine of Two Hundred Fifty Dollars ($250.00).
(3) For the third violation of this Subsection within any twelve (12) month period, the licensee shall pay a fine of Three Thousand Dollars ($3000.00), and the officer, associate, member, representative, employee, or other agent of the licensee shall also pay a fine of Five Hundred Fifty Dollars ($550.00).
(4) (a) The intent of this Subsection and the fines and penalties imposed hereunder are to punish both the licensee and the officer, associate, member, representative, employee, or other agent of the licensee for each violation.
(b) The foregoing fines and penalties shall be in addition to any action taken or sanction imposed by the Local Liquor Control Commissioner and shall not in any manner limit the authority of said Local Liquor Control Commissioner, who shall have authority to impose any penalty described within § 111.20 herein, including suspension or revocation of the license.
(H) (1) Any person to whom the sale, gift, or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor in his or her possession. Any person who violates this Subsection shall be subject to the following fines and penalties:
(a) For the first violation of this Subsection, a fine of one Hundred Dollars ($100.00) shall be imposed;
(b) For the second violation of this Subsection, a fine of Two Hundred Fifty Dollars ($250.00) shall be imposed; and
(c) For the third violation within any twelve (12) month period, a fine of Five Hundred Dollars ($500.00) shall be imposed.
(2) (1) For the purpose of preventing the violation of this Subsection, any licensee or his agent or his employee may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years. If a licensee or his agent or employee believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification containing proof of age issued by a public officer in the performance of his official duties.
(b) A reasonable belief by the licensee or his agent that a person is 21 years of age or over shall not be a defense to any action under this Article unless said licensee or agent shall have demanded and received some form of positive identification as above-described that such person is 21 years of age or over.
(I) No person shall sell, give, or furnish to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person, nor shall any person sell, give, or furnish to any person under the age of 21 years evidence of age and identification of any other person.
(J) No person under the age of 21 years shall present or offer to any licensee, his agent, or employee any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of procuring or attempting to procure the servicing of any alcoholic beverage, nor shall any person under the age of 21 years have in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity.
(K) (1) No licensee under this Article shall sell or deliver any package containing alcoholic liquor to any other person or shall sell the contents of any such package for consumption on the premises, unless such package shall have affixed thereto all canceled revenue stamps which may be required by federal or state laws and unless same shall also bear thereon a clear and legible label containing the name of the manufacturer and the kind of alcoholic content thereof.
(2) No licensee under this Article shall sell or have in his possession or use any package or container of alcoholic liquor which does not comply herewith at the time same was delivered to him.
(L) No person after purchasing or otherwise obtaining alcoholic liquor shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years except in the performance of a religious ceremony or service and except as herein provided.
(M) The consumption of alcoholic liquor by any person under 21 years of age is forbidden except the consumption of alcoholic liquor by such person in the performance of a religious service or ceremony or except under the direct supervision of the parent or parents of such person in the privacy of the home is not prohibited.
(N) No person under the age of 21 years (including a person in pursuance of an order of his parents) shall have any alcoholic beverage in his possession or on any street or highway or in any public place or any place open to the public unless he is making a delivery of an alcoholic beverage in pursuance of his employment; this prohibition shall not apply to waiters and waitresses within the licensed premises of his or her employer.
(O) No person under 21 years of age shall draw, pour, or mix any alcoholic liquor within or upon any licensed premises. Waiters and waitresses must be at least 18 years of age within all licensed premises, except that waiters and waitresses within a premises licensed as a Package and Consumption Sales License premises must be at least 21 years of age.
(P) No room or place where alcoholic liquor is sold or dispensed, or any room adjacent thereto, shall be connected by any elevator, lift, dumb waiter, or similar device for carrying, transporting, or elevating food or alcoholic liquor within any room or rooms upon any upper floor of the same premises; provided this provision shall not apply to hotels.
(Q) No person except a manufacturer or distributor or importing distributor holding a federal license therefor shall fill or refill in whole or in part any original package of alcoholic liquor with the same or any other kind of quality of alcoholic liquor, and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks, or other containers containing alcoholic liquor except in original packages.
(R) No person shall transport, carry, possess, or have any alcoholic liquor in or about any motor vehicle except in the original package and with the seal unbroken.
(S) Any person who shall knowingly possess, sell, ship, transport, or in anywise dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of said alcoholic liquor, or who shall cause any such act to be done, shall forfeit said alcoholic liquor and said packages and containers and shall be subject to the punishment and penalties provided for violation of this Article.
(T) No licensee shall permit any illegal, disorderly, or immoral practices upon the control premises.
(U) No Licensee shall unlawfully discriminate against any person, either with regard to the services that it offers or with regard to its employment practices, and each licensee shall comply fully with all applicable state and federal laws relating to discrimination.
(V) Each and every part of “An Act Relating to Alcoholic Liquors”, being the Illinois Liquor Control Act (235 LICS 5/), enacted by the General Assembly of the State of Illinois approved January 31, 1934 as amended and regulations promulgated thereunder which relate in any manner to the sale at retail of alcoholic liquors is hereby adopted by reference and made a part of this Article to the same extent and with the same legal effect as if fully set forth herein except where otherwise specifically changed or amended in this Article. Any violation of such applicable and adopted provisions of said Act shall be deemed a violation of this Article and be subject to the penalties herein provided.
(W) (1) Bottle clubs and set-up establishments are prohibited. For purposes of this Section, a set-up establishment means any public or private premises not holding a liquor license pursuant to this Ordinance which sells, gives away, serves, pours, stores, or otherwise dispenses and/or glasses mix, ice, water, and soft drinks for the purpose of consumption of alcoholic liquors on the premises.
(2) (a) No individual, partnership, corporation or other person operating as a public accommodation shall permit the consumption of alcoholic liquor on its premises unless licensed under this chapter of the Revised Code of Ordinances. No person shall possess or consume alcoholic liquor at a public accommodation unless said public accommodation is licensed under this chapter of the Revised Code of Ordinances.
(b) For purpose of this subsection PUBLIC ACCOMMODATION means a refreshment, entertainment, or recreation facility of any kind whose goods, services, facilities, privileges or advantages are extended, offered, sold or otherwise made available to the public.
(c) This subsection specifically, but without limitation, prohibits all establishments generically known or referred to as “BYOB” (bring your own booze/bottle/beer) or “Brown Bag” establishments. Each the person who possesses or consumes the alcoholic liquor and the person in control of the public accommodation who knowingly permits the consumption or possession of alcoholic liquor in a public accommodation not licensed under this chapter of the Revised Code of Ordinances shall be in violation of this subparagraph.
(X) No driver or operator of a cab or other vehicle for hire shall stop, stand, or park at any drive-up window or any premises where alcoholic liquor is sold, nor shall any driver or operator of a cab or other vehicle for hire make any purchase of alcoholic liquor while driving or operating said cab (whether on duty or off) unless the cab or vehicle for hire is actually occupied by a fare or customer making a purchase of package liquor for the personal use of said fare or customer.
(Y) (1) No sales of alcoholic liquor, excluding certain sales permitted by the “Wine Makers License” classification and except for sales permitted by § 5-1(d) of the Illinois Liquor Control Act (235 ILCS 5/), shall be made except by personal delivery of the alcoholic liquor at the licensed premises to the customer making the purchase of the liquor; nor shall a customer’s order for alcoholic liquor be made by phone, by internet, by intermediary, nor by any other similar method unless the purchase is completed and actual delivery of the alcoholic liquor is made in person to the customer at the licensed premises.
(2) Section 5-1(d) of the Illinois Liquor Control Act permits the holder of a retail liquor license to accept a customer’s order by phone, by internet, or by similar method and to make delivery of the alcoholic liquor to the customer in strict compliance with the following:
(a) DELIVERY means the movement of alcoholic liquor purchased from a licensed retailer to a consumer through the following methods:
1. delivery within licensed retailer’s parking lot, including curbside, for pickup by the consumer;
2. delivery by an owner, officer, director, shareholder, or employee of the licensed retailer; or
3. delivery by a third-party contractor, independent contractor, or agent with whom the licensed retailer has contracted to make deliveries of alcoholic liquors.
(b) Under (Y)(2)1., (Y)(2)2., or (Y)(2)3. above, delivery shall not include the use of common carriers. In all events delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery, delivery of alcoholic liquor shall be in the Original Package with the seal unbroken, and delivery shall be made by a person 21 years of age or older and shall be received by and signed for by a person 21 years of age or older.
(Z) (1) During a temporary event or festival event licensed under § 111.05, no person shall serve for consumption or consume on the premises of the event any alcoholic liquor or other beverage, except within or from a paper, plastic, or styrofoam cup or container; no person during a temporary or festival event licensed under § 111.05 shall serve or consume upon the premises of the event any alcoholic liquor or other beverage within or from a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container upon the premises of the event.
(2) Except as otherwise provided herein, any person who violates or refuses to comply with the provisions of this Section shall be subject to the provisions of § 10.99 of the Revised Code. In addition, Licensees shall be subject to the authority of the Local Liquor Commissioner.
(Prior Code, Art. 6, § 6.17)