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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)
(A) No liquor license shall be issued under the terms of this subchapter to:
(1) (a) A person who refuses to cooperate in providing necessary information and fingerprints for the conduct of a background check, or for whom the background check reveals information which would disqualify such person from receiving a license hereunder;
(b) A person who is not a resident of the city, except that no general or limited partner of a partnership, and no officer, director or shareholder of a corporation shall be required to be a resident of the city;
(c) A person who is not of good character and reputation in the community in which such person resides;
(d) A person who is not a citizen of the United States, except that no officer, director or shareholder of a corporation shall be required to be a United States citizen;
(e) A person who has been convicted of a felony under any federal or state law, unless the State Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person’s application and the Commission’s investigation. The burden of proof of sufficient rehabilitation shall be on the applicant;
(f) A person who has been convicted of prostitution or operating a house of prostitution;
(g) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(h) A person whose license issued under this subchapter has been revoked for cause, except as provided in § 111.03 7(H);
(i) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
(j) A partnership, if any general partner or partnership thereof, or any limited partner or partnership thereof, owning more than 5% of the aggregate limited partnership interest in such partnership, or any liquor manager, would not be eligible to receive a license under this subchapter for any reason other than residence within the city;
(k) A corporation, if any officer, liquor manager or director thereof, or any shareholder or shareholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the city;
(l) A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in Illinois;
(m) A person whose place of business is conducted by a liquor manager unless the liquor manager possesses the same qualifications required of the licensee;
(n) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or has forfeited his bond to appear in court to answer charges for any such violation;
(o) A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(p) Any law enforcing public official, including the Mayor or any alderman; and no such official shall be interested either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor, except that a license may be issued to any alderman, other than the Mayor, in relation to premises that are located within the city if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food;
2. The issuance of the license is approved by the State Commission;
3. The issuance of the license is in accordance with all applicable city ordinances in effect; and
4. The official granted a license does not vote on any alcoholic liquor issues pending before the City Council;
(q) A person who has been convicted of a gambling offense as proscribed by any of subsections (a) (3) through (a) (10) of § 28-1 of, or as proscribed by § 28-3 of, the Criminal Code of 1961, approved July 28,1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(r) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period, unless the person or entity is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act.
(2) A criminal conviction of a corporation shall not be grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal of state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation, and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation.
(B) No license for the sale of alcoholic liquor at retail shall be issued under the terms of this subchapter for any premises if such premises or the activities proposed to be conducted thereon, violate any of the following restrictions:
(1) A federal wagering stamp has been issued for such premises by the federal government for the current tax period, unless the person or entity entitled to utilize the premises is eligible to be issued a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
(3) Such premises are located within 100 feet of any church, school other than an institute of higher learning, hospital, home for the aged or indigent persons, or for veterans, their spouses or children, or any military or naval station. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. This prohibition shall not apply to hotels offering restaurant service, to regularly organized clubs or to restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet after the issuance of the original license. Nothing herein shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors;
(4) The majority of customers of such premises are minors of school age or if the principal business transacted consists of the sale of schoolbooks, school supplies, food; lunches or drinks for such minors;
(5) Except in the case of wineries that have bed and breakfast facilities, hotels and clubs, such premises has any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purposes, and such portion of the same building or structure is permitted to be used or kept accessible for use by the public. This provision shall not prevent any connection between the premises and such other portion of the building or structure that is used only by the licensee, the licensee’s family and personal guests;
(6) It is apparent from the floor plan submitted that the operation of the proposed business on such premises is likely to violate the requirements for a license of the classification requested.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08; Am. Ord. 12-19, passed 4-24-12)
(A) Upon receipt of a complete application, the Commissioner shall direct a police investigation of the individual applicant or of the principals of any applicant which is a corporation or partnership, and a review of the floor plan for the premises, to determine whether the applicant and the premises meet the requirements for a license of the requested classification.
(B) If an application is submitted to the Commissioner for a license of a classification for which no licenses are currently available, and the Commissioner has determined that the application complies in all respects with the requirements of this subchapter, of other city codes and ordinances and of state law, the application shall be presented to the City Council for its consideration of an increase in the number of licenses available in such classification.
(C) Within 90 days of receipt of an application, the Commissioner shall either issue the license, upon payment of the applicable fee under the provisions of this subchapter, or shall render a decision in writing refusing to issue such license and stating the reasons such license has been refused. In addition to the criteria for the applicant and the premises as set forth in § 111.006 of this subchapter, the following additional factors may be considered by the Commissioner in determining to grant or deny the requested license:
(1) The consistency of such license with the master plan of the city;
(2) The adequacy of parking and conformity of building design with the provisions of the relevant provisions of Chapter 156 of this code and the building codes of the city;
(3) The advisability of granting such license in view of the public good and convenience of the city;
(4) The length of time an applicant has been operating as an entity or business in the city or elsewhere;
(5) The experience or history of the applicant with the city, including the prevalence or lack of contacts with the city’s Police Department, City Clerk’s Office and Community Development Department, with the local fire protection districts or with any enforcement body of the federal, state or county governments;
(6) The need for a liquor license for successful operation of the business;
(7) The applicant's previous experience with the handling of liquor, including prior violations of liquor control laws or the absence thereof;
(8) The experience of the applicant's liquor manager, including prior violations of liquor control laws or the absence thereof;
(9) The neighborhood in which such licensed establishment is to be operated, and the potential impact on such neighborhood if a liquor license is granted;
(10) The geographical distribution of licenses in the city;
(11) Input from city's staff members and the city's Police Department, or from the local fire protection districts, as to the likely impact of the establishment on the community;
(12) Any other factors which may be relevant to the issuance of such license.
(D) In granting any license hereunder, the Commissioner may impose such terms and conditions in conjunction therewith as he may deem necessary, reasonable and consistent with the provisions of this subchapter. The Commissioner shall also establish the nature of any permissions being given in conjunction with the granting of the license, including without limitation, permission for live entertainment and outdoor sales.
(E) Before the issuance of a Class A, B, D, E, H and I license by the Commissioner, hereunder, the applicant must provide photocopies of certificates of completion of a Basset Program for the managers of liquor sales, sales clerks, security personnel, bartenders, servers and anyone whose job description includes the checking of identification for the purchase of alcoholic liquor for the licensed premises, as required under section § 111.026 (C) of this subchapter.
(F) Upon issuance of any license hereunder, the licensee shall be given a current copy of the city's liquor control code and shall sign a receipt therefor. Such licensee shall thereafter be responsible to know and to comply with all provisions of said code.
(Ord. 02-44, passed 11-26-02; Am. Ord. 22-24, passed 8-23-22)
(A) Live entertainment shall be defined as one or more musicians, singers, theatrical performers, karaoke or disc jockeys, with or without musical instruments and with or without sound amplification devices or speakers. Live entertainment shall not include performance dancers, as performance dancing is prohibited by § 111.028(E)(2) of this subchapter.
(B) In addition to the requirements for issuance of a liquor license which are established in this subchapter, any applicant seeking to offer live entertainment on any licensed premises shall first seek the permission of the Commissioner, whether such live entertainment is to be offered on an ongoing basis or for a single occasion. All such applications shall be made in writing, at least 30 days prior to the initial license year in which such live entertainment is to be offered, if it is to be ongoing, or at least 30 days prior to a special live entertainment event, if it is to be for a single date or series of dates. Any application for live entertainment shall describe the nature of the live entertainment and the actions to be taken by the applicant to assure that offering such live entertainment will not be detrimental to the surrounding area and to the public safety and welfare. In considering any request to offer live entertainment, the Commissioner shall consider the following criteria:
(1) The experience of the applicant, in the city or elsewhere, with offering entertainment of the type proposed;
(2) The adequacy of parking;
(3) The likelihood that the premises can be operated in conformance with the requirements of the applied-for license classification if the applicant is permitted to offer live entertainment on such premises;
(4) The nature of the neighborhood in which the licensed premises is to be located and the appropriateness of offering live entertainment on such premises given the potential impact on the surrounding area;
(5) Input from the city's staff members and city's Police Department, and from the local fire protection districts, as to the likely impact on the community if live entertainment is offered on such premises;
(6) Any other factors that may be relevant to the granting of permission for live entertainment.
(C) Any permission for any live entertainment shall be expressly granted or denied by the Commissioner in writing. In granting permission for any licensee to offer live entertainment, the Commissioner may impose such reasonable terms and conditions in conjunction therewith, as he may deem necessary, including the condition that if permission is granted to a licensee to offer live entertainment on a periodic basis, such licensee shall be required to notify the city's Police Department in writing, not less than seven days prior to the specific date on which entertainment is to be offered, of the date and time and of the specific nature of the entertainment.
(D) Permission for ongoing live entertainment shall be granted only for the term of the license and only to the licensee that applied for such permission. Any licensee that is granted permission for ongoing live entertainment shall reapply for such permission annually at the time of license renewal and, upon any change in personnel requiring a new license, as provided in § 111.015 (A), the new licensee shall reapply for permission for ongoing entertainment. Specific permission shall also be required for any special entertainment which was not described in the initial or annual application.
(E) Permission to provide live entertainment may be rescinded by the Commissioner at any time, in his discretion, if it is determined that the licensee has exercised inadequate crowd control or inadequate control over any adverse impact of its operation on surrounding properties, or has otherwise permitted violations of state law or local ordinances on the licensed premises.
Liquor licenses to be issued under this subchapter shall be divided into the following classes:
(A) Class A, which shall authorize the retail sale of all alcoholic liquors for consumption only on the licensed premises, including restaurants, cocktail lounges, and hotels. This license includes hotels that offer complimentary alcoholic liquor service as part ofthe nightly room rate.
(B) Class B, which shall authorize the retail sale of alcoholic liquor only in the original package and not for consumption on the licensed premises.
(C) Class C, which shall authorize the retail sale of beer and/or wine for a temporary period; not to exceed four days, and not to exceed 15 days in any one year, unless otherwise extended by the City Council. Such license may be issued to a licensee for events that would exceed the limitations on liquor sales under its existing license classification, or may be issued to an unlicensed person or for-profit or not-for-profit organization for a single temporary event.
(D) Class D, which shall authorize the retail sale of all alcoholic liquors for consumption only on the licensed premises of a not-for-profit club or organization.
(E) Class E, which shall authorize the retail sale of beer and wine only in restaurants and hotels, and only for consumption on the licensed premises. This license includes hotels that offer complimentary beer and wine service as part of the nightly room rate.
(F) Class F, which shall authorize the retail sale of all alcoholic liquors for consumption only on the licensed premises for a temporary period not to exceed four days, and not to exceed 15 days in any one year, unless otherwise extended by the City Council. Such license may be issued to a licensee for events that would exceed the limitations on liquor sales under its existing license classification or may be issued to an unlicensed person or for profit or not-for profit organization for a single temporary event.
(G) Class H, which shall authorize the retail sale of all alcoholic liquors for consumption only on the licensed premises of a private, for-profit club, and only by the registered members of the private, for-profit club and their guests, and not to the public.
(H) Class I, which shall authorize the sale of beer and wine only, in the original package and not for consumption on the licensed premises.
(I) Class J, which shall authorize the retail sale of alcohol in connection with the operation of a catering business headquartered in the city. The sale of alcoholic liquor shall be made only in conjunction with the catering of foods for private functions and for consumption only on the premises where the food is catered. The sale of alcoholic liquor shall be incidental to the food service and if the catered event does not qualify as a private function, a special event license shall also be required for the location of the catered event. No cash bar shall be permitted.
(J) Class K, which shall authorize the retail sale of alcohol in connection with the operation of a catering event conducted by a catering business that is not located in the city. The sale of alcoholic liquor shall be made only in conjunction with the catering of foods for private functions and for consumption only on the premises where the food is catered. The sale of alcoholic liquor shall be incidental to the food service and if the catered event does not qualify as a private function, a special event license shall also be required for the location of the catered event. No cash bar shall be permitted. Such license may be issued to a licensee on an annual or for single day events.
(K) Class L, which shall authorize the retail sale of all alcoholic liquors for consumption only on the licensed premises ofrestaurants and further authorize the retail sale of beer and wine in its original sealed container for consumption off the licensed premises.
(L) Class N, which shall authorize the retail sale of beer and wine for consumption only on the licensed premises of restaurants and further authorize the retail sale of beer and wine in its original sealed container for consumption off the licensed premises.
(M) Class O, which shall authorize the retail sale of alcoholic liquor including beer manufactured on premises for consumption on and off the licensed premises of a brew pub and to store beer on the premises, provided, however, that such licensee shall be subject to the following conditions:
(1) The licensee shall not manufacture more than one 155,000 gallons of beer on the premises per year;
(2) The licensee shall not sell for off-premises consumption more than 155,000 gallons of manufactured beer per year;
(3) The licensee shall not sell for off-premises consumption beer manufactured on the premises unless the sales are made in person;
(4) The licensee shall not sell or offer for sale beer manufactured by the licensee unless the beer is sold in containers provided by the licensee and sealed on the premises;
(5) The licensee shall not sell or offer for sale beer manufactured by the licensee to other retail licensees;
(6) The licensee shall at all times maintain a valid State of Illinois Brew Pub License or Craft Brew License as required and authorized under § 5-1 of the Illinois Liquor Control Act (ILCS Ch. 235, Act 5, § 5-1), as amended;
(7) The licensee may transfer any beer manufactured or sold on its licensed premises to a growler, howler or crowler and sell those growlers, howlers or crowlers for consumption off the premises, if the following requirements are met:
(a) The beer is transferred within the licensed premises by an employee of the licensed premises at the time of sale;
(b) The person transferring the alcohol to be sold to the end consumer is 21 years of age or older;
(c) The growler, howler or crowler holds no more than 128 fluid ounces;
(d) The growler, howler or crowler bears a twist-type closure, cork, stopper, or plug and includes a one-time use tamperproof seal;
(e) The growler, howler or crowler is affixed with a label or tag that contains the following information:
1. The brand name of the product dispensed;
2. The name of the brewer or bottler;
3. The type of product, such as beer, ale, lager, bock, stout, or other brewed or fermented beverage;
4. The net contents;
5. The name and address of the business that cleaned, sanitized, labeled, and filled or refilled the growler, howler or crowler; and
6. The date the growler, howler or crowler was filled or refilled.
(f) The growler, howler or crowler has been purged with CO2 prior to sealing the container;
(g) The on-premises retail licensee complies with the sanitation requirements under subsections (a) through (c) of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing equipment used to draw beer to fill the growler, howler or crowler or refill the growler, howler or crowler;
(h) Before filling the growler, howler or crowler or refilling the growler, howler or crowler, the on-premises retail licensee or licensee's employee shall clean and sanitize the growler, howler or crowler in one of the following manners:
1. By manual washing in a three-compartment sink;
A. Before sanitizing the growler, howler or crowler, the sinks and work area shall be cleaned to remove any chemicals, oils, or grease from other cleaning activities;
B. Any residual liquid from the growler, howler or crowler shall be emptied into a drain. A growler, howler or crowler shall not be emptied into the cleaning water;
C. The growler, howler or crowler and cap shall be cleaned in water and detergent. The water temperature shall be, at a minimum, 110 degrees Fahrenheit or the temperature specified on the cleaning agent manufacturer's label instructions. The detergent shall not be fat-based or oil-based;
D. Any residues on the interior and exterior of the growler, howler or crowler shall be removed;
E. The growler, howler or crowler and cap shall be rinsed with water in the middle compartment. Rinsing may be from the spigot with a spray arm, from a spigot, or from a tub as long as the water for rinsing is not stagnant but is continually refreshed;
F. The growler, howler or crowler shall be sanitized in the third compartment. Chemical sanitizer shall be used in accordance with the United States Environmental Protection Agency registered label use instructions and shall meet the minimum water temperature requirements of that chemical;
G. A test kit or other device that accurately measures the concentration in milligrams per liter of chemical sanitizing solutions shall be provided and be readily accessible for use;
2. By using a mechanical washing and sanitizing machine;
A. Mechanical washing and sanitizing machines shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer and shall be used according to the machine's design and operation specifications;
B. Mechanical washing and sanitizing machines shall be equipped with chemical or hot water sanitization;
C. The concentration of the sanitizing solution or the water temperature shall be accurately determined by using a test kit or other device;
D. The machine shall be regularly serviced based upon the manufacturer's or installer's guidelines;
3. By transferring beer to a growler, howler or crowler with a tube;
A. Beer may be transferred to a growler, howler or crowler from the bottom of the growler, howler or crowler to the top with a tube that is attached to the tap and extends to the bottom of the growler, howler or crowler or with a commercial filling machine;
B. Food grade sanitizer shall be used in accordance with the United States Environmental Protection Agency-registered label use instructions;
C. A container of liquid food grade sanitizer shall be maintained for no more than ten malt beverage taps that will be used for filling and refilling growlers, howlers or crowlers;
D. Each container shall contain no less than five tubes that will be used only for filling and refilling growlers, howlers or crowlers;
E. The growler, howler or crowler must be inspected visually for contamination;
F. After each transfer of beer to a growler, howler or crowler, the tube shall be immersed in the container with the liquid food grade sanitizer;
G. A different tube from the container must be used for each fill or refill of a growler, howler or crowler;
(8) Growlers, howlers and crowlers that comply with divisions (M)(7)(d) and (M)(7)(e) shall not be deemed an unsealed container for purposes of § 111.036;
(9) Upon a consumer taking possession of a growler, howler or crowler from an on-premises retail licensee, the growler, howler or crowler and its contents are deemed to be in the sole custody, control, and care of the consumer.
(N) Class P, which shall authorize the retail sale of alcoholic liquor including spirits manufactured on premises for consumption on and off the licensed premises of a distilling pub and to store spirits on the premises, provided however, that such licensee shall be subject to the following conditions:
(1) The licensee shall not manufacture more than 5,000 gallons of spirits on the premises per year;
(2) The licensee shall not sell for off-premises consumption more than 5,000 gallons of manufactured spirits per year;
(3) The licensee shall not sell for off-premises consumption spirits manufactured on the premises unless the sales are made in person;
(4) The licensee shall not sell or offer for sale spirits manufactured by the licensee unless the spirits are sold in containers provided by the licensee and sealed on the premises;
(5) The licensee shall not sell or offer for sale spirits manufactured by the licensee to other retail licensees;
(6) The licensee shall at all times maintain a valid State of Illinois Distilling Pub License or Class 2 Craft Distiller License as required and authorized under § 5-1 of the Illinois Liquor Control Act (ILCS Ch. 235, Act 5, § 5-1), as amended.
(O) Class Q, which shall authorize the retail sale of alcoholic liquor including wine manufactured on premises for consumption on and off the licensed premises of a limited wine manufacturer, to store wine on the premises and, provided that such licensee holds a valid winery shipper's license as required and authorized under § 5-1 of the Illinois Liquor Control Act (ILCS Ch. 235, Act 5, § 5-1), as amended, to ship wine made by that licensee directly to a resident of Illinois who is 21 years of age or older for that resident's personal use and not for resale. Such licensee shall, however be subject to the following conditions:
(1) The licensee shall not manufacture more than 40,000 gallons of wine on the premises per year;
(2) The licensee shall not sell for off-premises consumption more than 40,000 gallons of manufactured wine per year;
(3) The licensee shall not sell for off-premises consumption wine manufactured on the premises unless the sales are made in person;
(4) The licensee shall not sell or offer for sale wine manufactured by the licensee unless the wine is sold in containers provided by the licensee and sealed on the premises;
(5) The licensee shall not sell or offer for sale wine manufactured by the licensee to other retail licensees, but may sell to distributors, as defined by § 1-3.15 of the Illinois Liquor Control Act (ILCS Ch. 235 Act 5, § 1-3.15), as amended;
(6) The licensee shall at all times maintain a valid State of Illinois Limited Wine Manufacturer as required and authorized under § 5-1 of the Illinois Liquor Control Act (ILCS Ch. 235, Act 5, § 5-1), as amended.
(Ord. 02-44, passed 11-26-02; Am. Ord. 12-13, passed 3-13-12; Am. Ord. 18-13, passed 2-13-18; Am. Ord. 19-37, passed 7-9-19; Am. Ord. 20-30, passed 8-11-20; Am. Ord. 20-41, passed 10-27-20; Am. Ord. 22-18, passed 5-24-22)
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