(A) Gambling. It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor, except that activities identified as lawful under ILCS Ch. 720, Act 5, § 28-1 (Gambling) shall also be deemed lawful on any premises licensed to sell alcoholic liquor.
(B) Solicitation. It shall be unlawful for any licensee, its manager or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption therein to engage, employ or permit the engagement or employment of any person, nor shall any person be permitted to remain on said premises, who shall solicit any patron or customer thereof to purchase alcoholic liquor or non-alcoholic beverages for said person, or any other person therein; nor shall any person, whether or not such person is an employee or entertainer, solicit any patron or customer therein to purchase alcoholic liquor or nonalcoholic beverages for himself or herself or any other person therein; provided, however, that nothing herein contained shall prohibit any adult manager, bartender or server who shall be regularly employed therein from accepting and serving the order of a patron or customer in the regular course of employment as such manager or server.
(C) Adult entertainment. It shall be unlawful for any licensee, its manager, or other person in charge of premises licensed to sell alcoholic liquor to permit the following kinds of conduct; or books, or magazines coin-operated motion picture devices, films, or movies depicting, describing or relating to the following kinds of conduct on such premises:
(1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(2) The actual or simulated touching, caressing or fondling of the breast, buttocks, anus, or genitals.
(3) The actual or simulated displaying of the breasts, pubic hair, anus, vulva or genitals.
(4) The permitting by a licensee of any person to remain in or on the licensed premises, if such person exposes his or her genitals or anus to public view.
(D) Entertainment for minors. It shall be unlawful for any licensee, its manager, or other persons in charge of the premises licensed, to provide any entertainment intended primarily for persons under the age of 21, during any time when alcoholic liquor is sold on the premises.
(E) Entertainment generally.
(2) It shall be unlawful for any licensee, its manager, or other person in charge of any licensed premises to permit any performance dancing by patrons, or by any paid performers, whether paid by the licensee or by any patron.
(3) Nonperformance dancing by patrons to music maybe allowed in certain licensed premises, subject to the express written approval of the Commissioner, as provided in § 111.008(C), and further subject to an inspection of the licensed premises by the local fire department prior to issuance of the liquor license, to determine the compliance of the premises with applicable statutes, ordinances, rules or regulations regarding occupancy of the licensed premises during such dancing by patrons.
(F) Casino/Vegas nights. It shall be unlawful for any licensee, its manager, or other person in charge of premises licensed to sell alcoholic liquor, to conduct any “casino night” or “Vegas night” on the licensed premises without first having obtained the express written permission of the Commissioner, by a request in writing made at least 30 days prior to the event, and without first having obtained the required license, from the Illinois Department of Revenue, a copy of which shall be provided to the Commissioner. Any permission from the Commissioner shall be conditioned upon the applicant having obtained a license from the Department of Revenue, having informed the city’s Police Department of the date and time of the event and having arranged for police security therefor.
(G) It shall be unlawful for any licensee, its manager or other person in charge of the premises licensed to allow, permit or maintain the licensed premises in such a way that controlled substances of any kind, including but not limited to cocaine, marijuana, heroin, or other illegal drug or chemical, are present on the licensed premises at any time.
(H) Limitations on the sale and promotion of alcoholic liquor.
(1) All licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid license under this subchapter operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.
(2) No licensee or employee or agent of such licensee shall:
(a) Serve two or more drinks at one time to an individual, except for selling or delivering wine by the bottle or carafe;
(b) Sell, offer for sale, or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the public;
(c) Sell, offer for sale, or serve any drink of alcoholic liquor to any person on any one day at a reduced price other than that charged other purchasers of drinks on that day, where such reduced price is a promotion to encourage consumption of alcoholic liquor;
(d) Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;
(e) Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises;
(f) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under division (H)(2)(a) through (e) hereof.
(3) Nothing contained in this section shall prohibit a licensee from engaging any of the following practices:
(a) Offering free food or entertainment any time;
(b) Including drinks of alcoholic liquor as part of a meal package;
(c) Including drinks of alcoholic liquor as part of a hotel package;
(d) Negotiating drinks of alcoholic liquor as part of a contract between a hotel and another group for the holding of any function, meeting, convention or trade show;
(e) Providing room service to persons renting rooms in a hotel;
(f) Selling pitchers (or the equivalent, including but not limited to buckets), carafes or bottles of alcoholic liquor which are customarily sold in such manner, and delivered to two or more persons at one time;
(g) Increasing prices of drinks of alcoholic liquor in lieu or, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled.
(I) Outdoor sales. It shall be unlawful for any licensee to permit the sale of alcoholic liquor in an outdoor area without the written permission of the Commissioner, and except for hotels and Class C licenses for temporary events, unless there is an executive order of the Governor or the Mayor or an order of the Illinois Department of Public Health or the DuPage County Health Department in effect during a disaster which prohibits or substantially restricts indoor dining, such permission shall be granted only subject to the following conditions:
(1) No outdoor area shall be in or on the public right-of-way, including any sidewalk;
(2) The outdoor area shall be owned or leased by the licensee;
(3) The outdoor area shall be included as part of the regular food service business located on the licensed premises;
(4) Access to the outdoor area shall be limited to entrances through the licensed premises or entrances at which control by employees of the licensed premises is provided to assure that no unlawful sale to minors shall occur;
(5) Sale of alcoholic liquor shall be for consumption on the licensed premises only;
(6) The licensee shall be required to take all necessary measures to prevent the level of the noise from the outdoor area from causing any unreasonable disturbance to any nearby residentially zoned area, which measures will be determined by the Commissioner in consultation with the city’s Police and Community Development Departments;
(7) If there is an executive order of the Governor or the Mayor or an order of the Illinois Department of Public Health or the DuPage County Health Department in effect during a disaster which prohibits or substantially restricts indoor dining, the Commissioner may by permit allow the sale of alcoholic liquor in an outdoor area in or on the public right-of-way, including any sidewalk and for the sale of alcoholic liquor for consumption off the licensed premises.
(Ord. 02-44, passed 11-26-01; Am. Ord. 20-30, 8-11-20; Am. Ord. 20-41, passed 10-27-20; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 111.999