Section
Alcoholic Liquor Control
111.001 Definitions
111.002 Mayor as local liquor commissioner
111.002A City Administrator as Chief Administrative Officer
111.003 Applicability of other provisions
111.004 Sale of alcohol without license unlawful
111.005 Applications for license, application fee
111.006 Restrictions on issuance of licenses
111.007 Procedures for issuance of license
111.008 Live entertainment
111.009 Classifications of licenses
111.010 License fees
111.011 Term of license
111.012 Number of licenses in each license classification
111.013 Records required; correspondence to be a matter of public record
111.014 Privilege granted by license; nature as to property; transferability
111.015 Change in personnel
111.016 Change in location
111.017 Change in floor plan or focus of local operation
111.018 Cessation of business
111.019 Licenses subject to amendments of rules and regulations
111.020 Renewal; effect of failure to renew
111.021 Display of license
111.022 Responsibility for officers, directors, liquor managers and employees
111.023 Unlawful sale or purchase of alcoholic liquor
111.024 Evidence of age of person attempting to purchase or receive alcoholic liquor
111.025 Required warning signs
111.026 Restrictions and requirements for employees on licensed premises
111.027 Consumption on premises
111.028 Other requirements and prohibited or restricted activities on licensed premises
111.029 Hours of operation
111.030 Minors in licensed premises
111.031 Restrictions on club licenses
111.032 Sanitary premises
111.033 Unlawful possession or consumption by persons under the age of 21
111.034 Parental responsibility
111.035 Peddling liquor
111.036 Restrictions on possession or consumption of alcoholic liquor in certain places in the city
111.037 Revocation or suspension of license; fines
111.038 Appeals
111.039 Public intoxication; intoxication in private residence
111.040 Sale of mixed alcoholic liquor
Markets
111.045 Definitions
111.046 License, application
111.047 Compliance with Dupage County Health Department requirements
111.048 Pets and other animals in grocery and meat markets
Mobile Food Units
111.100 Definition
111.101 License from the city required
111.102 Regulations
Restaurants
111.120 License required; prerequisites
111.999 Penalty
ALCOHOLIC LIQUOR CONTROL
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terms used in this subchapter that are not defined shall be construed according to the definitions given in ILCS Ch. 235, Act 5, §§ 1-3.01 through 1-3.31.
ALCOHOLIC LIQUOR. Any alcohol, spirits, wine, beer or other liquid or solid containing more 0.5% of alcohol by volume, which is capable of being consumed as a beverage by a human being.
BASSET PROGRAM. Any Beverage Alcohol Sellers and Servers Education and Training Program licensed by the State of Illinois Liquor Control Commission, as required by ILCS Ch. 235, Act 5, § 3-12 (11.1) and ILCS Ch. 235, Act 5, § 6-27 and Title 77 of the Illinois Administrative Code, Chapter XVI, Section 3500.
BEER. A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
BREW PUB. The licensed premises of a person who manufactures no more than 155,000 gallons of beer per year only at the designated licensed premises to make sales to non-licensees for use and consumption only, who stores beer at the designated licensed premises, and who is allowed to sell at retail from the licensed premises.
CLUB. A corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquor, kept, used, and maintained by its members, through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests; provided that such club files with the Commissioner at the time of its application for a license under this subchapter, two copies of a list of names and residences of its members, and similarly files, within ten days of the election of any additional member, such member’s name and address; and provided further that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members, beyond the amount of such salary as may be fixed and voted at any annual meeting by the members, or by its board of directors or other governing body, out of the general revenue of the club.
COCKTAIL or MIXED DRINK. Any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.
CORPORATION. A legal business entity, domestic or foreign, qualified to do business in the State of Illinois under the Business Corporation Act of Illinois.
CROWLER. A reusable rigid container, typically made of aluminum, which is not an original manufacturer container, that holds up to 32 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
DIRECTOR. Individuals elected by the shareholders of a corporation who carry out certain tasks established in the charter.
DISTILLING PUB. The licensed premises of a person who manufactures no more than 5,000 gallons of spirits per year only at the designated licensed premises to make sales to non-licensees for use and consumption only, who stores spirits at the designated licensed premises, and who is allowed to sell at retail from the licensed premises.
GROWLER. A reusable rigid container, which is not an original manufacturer container, that holds up to 128 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
HOTEL. A building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith, and such building or buildings being provided with adequate and sanitary kitchen and dining room equipment and capacity. Such building or group of buildings and facilities may also include up to two indoor cocktail lounges, room service facilities, in-room mini-bars, banquet facilities or a conference center, rooms providing dancing or live entertainment, and recreational facilities such as a golf course.
HOWLER or HALF GROWLER. A reusable rigid container, which is not an original manufacturer container, that holds up to 64 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
INTENTIONALLY. Conduct engaged in by a person with the conscious objective to accomplish that result or engage in that conduct.
LEGAL GUARDIAN. Any foster parent, person appointed guardian or given custody of a minor by a circuit court of this state, or any person appointed guardian or given custody of a minor under the Illinois Juvenile Court Act, but a LEGAL GUARDIAN shall not include any person appointed guardian only to the estate of a minor.
LEGAL HOLIDAYS. New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.
LICENSED PREMISES. The building in which the business of a licensee is conducted, together with any approved outdoor seating area for businesses licensed for sale of alcoholic liquor for consumption on the premises only, provided that a licensed premises shall not include any other outdoor area or portion of the lot on which such building is located, except that pursuant to any Class C license for a temporary event, specific permission may be granted to sell alcoholic liquor in an outdoor area, subject to such conditions as the Commissioner may impose, and such area will then be considered to be part of the LICENSED PREMISES.
LICENSEE. Any person that has been granted a license for the sale of alcoholic liquor in the city.
LIMITED WINE MANUFACTURER. A wine manufacturer which uses only grapes, berries, other fruits, fruit products, honey and vegetables produced or grown in Illinois, except as follows: (i) during the first 36 months of operation after first being issued a license it may use as much as 100% imported products; (ii) during the following 24 months it may use as much as 80% imported products; and (iii) thereafter it may use as much as 60% imported products. The maximum allowances on use of imported products may be temporarily increased in any year in which there is a crop shortage or severe drought in such percentages as determined by the Director of the Department of Agriculture.
LIQUOR MANAGER. Any individual employed by any licensed premises for at least 35 hours per week, to act as the licensee's agent on the licensed premises for the purpose of receiving communications from the local liquor commissioner or the city and for the purpose of monitoring the sale of alcoholic liquor and assuring that the licensee, its employees and the licensed premises comply with all regulations set forth in this chapter.
MINOR. Any person not yet 21 years of age.
NEGLIGENTLY. Conduct engaged in by a person where such person fails to be aware of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under §§ 111.033 and 111.034 of this subchapter, and where such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.
OFFICER. A person elected by a corporation’s board of directors or by the manager of a limited liability company to manage the day-to-day operations of the corporation. The OFFICERS of a corporation are usually the president, executive vice-president, secretary, and treasurer/chief financial officer.
ORIGINAL PACKAGE. A bottle, flask, jug, can, cask, barrel, keg or other receptacle or container whatsoever, used, corked, or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and convey any alcoholic liquor.
PARENT. The father and mother of a minor child, whether by birth or adoption, or the person deemed the parent to have legal custody of a minor child. The term PARENT as used in this subchapter shall also be deemed to mean “legal guardian.”
PARTNER. Any individual who is a member of a partnership.
PARTNER, GENERAL. A partner with unlimited legal responsibility for the debts and liabilities of a partnership.
PARTNER, LIMITED. A partner who is responsible for the debts and liabilities of a partnership only to the extent of his or her investments, and is not liable for general partnership obligations.
PARTNERSHIP, GENERAL. A legal business entity featuring two or more general partners.
PARTNERSHIP, LIMITED. A legal business entity with one or more general partners and one or more limited partners.
PERSON. An individual, firm, corporation, partnership, trust, lessee or receiver.
RECKLESSLY. Conduct engaged in by a person in conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under §§ 111.033 and 111.034 of this subchapter and where such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
RESTAURANT. Any public place kept, used, maintained, advertised or held out to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. The mere availability and service at any premises of cold sandwiches, hors d’oeuvres or other similar foods will not, standing alone, be deemed sufficient to constitute such premises a RESTAURANT with the meaning of this definitions, it being the intent of this definition that the primary business conducted on premises to be licensed as restaurants hereunder shall be the service of meals. No premises which charges any kind of entrance fee or requires a minimum amount to be spent solely for the purchase of alcoholic liquor or other beverages shall be deemed to be a RESTAURANT hereunder.
SALE, RETAIL. Any transfer, exchange or barter, in any manner or by any means whatsoever, including all sales made by any person, whether an officer, liquor manager, or employee, for use or consumption and not for resale in any form, and including, but not limited to, all of the following acts when done for a consideration:
(1) The delivery of liquor, without additional charge, with a meal or with entertainment or the providing of samples of liquor as a part of promotion or sales device of any kind;
(2) The dispensing of liquor;
(3) The providing of mix, ice, water or glasses for the purposes of mixing drinks containing alcoholic liquor for consumption on the same premises;
(4) The pouring of liquor.
SHAREHOLDER. A person or entity that is the owner of shares in a corporation.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
WINE. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above-defined.
WINE MANUFACTURER. A person who is engaged in the manufacture of wine.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08; Am. Ord. 20-30, passed 8-11-20; Am. Ord. 20-41, passed 10-27-20)
(A) The Mayor of the city shall serve as the Local Liquor Commissioner ("the Commissioner") and shall be charged with the administration of this subchapter and of such other ordinances relating to alcoholic liquor as may be, from time to time, enacted by the City Council.
(B) The Commissioner shall have the following powers and duties with respect to local liquor licenses:
(1) To grant all local licenses issued to persons or entities for premises within the city, and to take any one or more of the following forms of disciplinary action:
(a) To suspend a license for not more than 30 days;
(b) To revoke a license for cause; and
(c) To levy a fine for any violation of laws or ordinances on licensed premises.
(2) To enter or to authorize any law enforcement officer or other city employee designated by the Commissioner to enter, at any time, upon the premises licensed hereunder, to determine whether any of the provisions of the state law or city ordinance or any rules or regulations adopted by the Commissioner or by the State Liquor Control Commission ("State Commission") have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.
(3) To establish a policy and standards for alcohol and tobacco compliance operations to investigate whether a licensee is furnishing:
(a) Alcoholic liquor to persons under 21 years of age in violation of this subchapter; or
(b) Tobacco to person in violation of the Sale of Tobacco to Minors Act.
(4) To notify the Secretary of State where a club incorporated under the General Not For Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated this subchapter or the Illinois Liquor Control Act by selling or offering for sale at retail alcoholic liquors without a retailer's license.
(5) To receive complaints from any citizen within the city that any provision of the state law or of this subchapter has been or is being violated and to act upon any such complaints in the manner provided by law.
(6) To examine, or cause to be examined, under oath, any applicant for a local license, or for a renewal thereof, or any licensee upon whom notice of revocation has been served, as provided in § 111.037(D); to examine, or cause to be examined, the books and records of any such applicant or licensee, and to hear testimony and take proof for the commissioner's information in the performance of his or her duties, and for such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the commissioner under this section, the commissioner may authorize any person or city employee to act on his or her behalf.
(7) From time to time, to report to the City Council actions which have been taken to grant or deny liquor licenses or to penalize licensees.
(8) To appoint a person or persons to assist the Commissioner in the exercise of the powers and in the performance of the duties of the Commissioner as specified in this paragraph; and to designate and grant authority to such other persons, from tame to time as the commissioner may deem' necessary, to carry out any of such duties.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08)
Subject to the policies of the City Council and the direction of the Commissioner, the Mayor shall direct the city staff in its enforcement of the provisions of this subchapter. The Mayor shall direct the city staff in performing its responsibilities related to the administration of this subchapter, including, but not limited to, the response to questions concerning liquor licenses and the handling of liquor license application.
(Ord. 02-33, passed 11-26-02; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 13-54, passed 11-12-13)
Nothing in this subchapter shall excuse or relieve the licensee, owner, proprietor, or person in charge of any place in the city where alcoholic liquor is sold from the restrictions and requirements of any other provision of this subchapter, other ordinances of the city or state statutes.
(Ord. 02-44, passed 11-26-02)
(A) It shall be unlawful for any person to sell or offer for sale at retail in the city any alcoholic liquor without first having obtained a license therefor, or in violation of the terms of such license.
(B) It shall be unlawful for any person not having a license providing for the sale of alcoholic liquor for consumption on the premises where sold, to offer for sale, sell or give away any alcoholic liquor for consumption on the premises.
(Ord. 02-44, passed 11-26-02) Penalty, see § 111.999
(A) Application for the issuance or renewal of a license required by § 111.04 of this subchapter, shall be made to the Commissioner in writing, signed by the applicant, if an individual; or by a duly authorized person on behalf of the applicant, if a club, corporation or partnership; verified by oath or affidavit, and shall contain the following information and statements:
(1) The name, date of birth, address, social security and driver's license numbers of the applicant in the case of an individual; in the case of a partnership, of the general partners or of any limited partner holding 5% or more interest in the partnership; and in the case of a for-profit corporation or a club, the date of incorporation, the objects for which it was organized, the names, dates of birth, addresses, social security and driver's license numbers of the officers and directors, and of all persons owning more than 5% of the outstanding shares, of stock, and a copy of the certificate of incorporation.
(2) The nature of the proposed business, including whether or not any entertainment is proposed to be offered in conjunction therewith, and the classification of license requested by the applicant.
(3) The experience of the applicant in any business of the described nature, and the location of such business.
(4) The location and description of the premises or place of business which is to be operated under such license, and evidence of the applicant's ownership of such premises, or of a lease for such premises for the full period for which the license is to be issued.
(5) A statement as to whether the applicant has made similar application for any other license on the premises other than that which is described in the application, and the disposition of such application.
(6) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter, any laws of the state, or any ordinance of the city.
(7) Whether any previous license issued by any state or by any subdivision thereof, or by the federal government has ever been revoked, and the reasons therefor.
(8) A statement that the applicant will not violate any of the laws of the state or of the United States, or any provision of this subchapter or other ordinance of the city in the conduct of the place of business proposed to be licensed.
(9) The following information concerning the liquor manager who will conduct the business of the licensee with respect to the sale of alcoholic liquor on the licensed premises (required):
(a) The name of the liquor manager.
(b) The residence address of the liquor manager and the length of time such liquor manager has resided at that address, and if such length of time is less than one year, the previous residence address of such liquor manager.
(c) The place and date of birth of the liquor manager.
(d) The Social Security number and driver's license number of the liquor manager.
(e) The experience of the liquor manager in handling alcoholic liquor or in conducting a business of the character for which a license is being applied.
(f) The home and business telephone numbers of the liquor manager.
(g) The number of hours during which the liquor manager will be on the premises to be licensed; provided that the liquor manager shall be on the premises not less than 35 hours per week.
(10) For any application for a license for retail sale of alcoholic liquor for consumption on the premises; a floor plan, drawn to scale, and with sufficient detail to depict type of seating, number of seats, the location, type and number of bars, the location, size and design of area in which any entertainment will be offered, and other design features of the premises to be licensed; except that for a Class A or Class E license for a hotel, the only required floor plans shall be for restaurants and other areas within the hotel in which alcoholic liquor is to be sold.
(11) Evidence, satisfactory to the Commissioner, that such applicant is covered by a policy of dram shop insurance, issued by a responsible insurance company authorized and licensed to do business in the State of Illinois, insuring such applicant against any liability that such applicant may incur under the provision of ILCS Ch. 235, Act 5, § 6-21.
(12) For any application for a hotel, a specific request for any privileges associated with the sale of alcoholic liquor that are unique to the operation of the hotel, including, but not limited to, permission for any ongoing live entertainment, in-room mini bars and periodic outdoor events.
(B) With the exception of a license application for a Class C license, an application fee of $5,000 shall be paid at the time any application for initial licensing is filed. With the exception of a license application for a Class C license, the application fee for an application for initial licensing shall be applied to and shall satisfy the initial annual license fee required by § 111.010
(A) of this subchapter. If the applicant is found not to be eligible for a license or withdraws the application at any time before a license is issued, a refund of $2,000 shall be paid by the city as soon as reasonably possible.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08; Am. Ord. 14-36, passed 6-24-14)
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