Retail liquor licenses shall be divided into classes as follows: (for each class of license the terms “retail sale,” “selling,” “sale,” “sell” and/or “offer to sell” shall include dispensing, pouring, mixing or otherwise serving any liquor regardless of whether there is any type of compensation.)
(A) Class A “Tavern.” License shall be issued for a period of one year to any person or persons, organization, association, partnership or corporation for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold subject to the other terms and conditions of this code.
(B) Class AVG "Tavern" (with video gaming). License shall be issued for a period of one year to any person or persons, organization, association, partnership or corporation for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold subject to the other terms and conditions of this code. Video gaming is hereby permitted on the premises, provided a proper, current, valid license has been issued to the holder of the liquor license hereunder, pursuant to the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.). The holder of the liquor license shall abide at all times by all requirements of § 114.011 of this code, the Illinois Video Gaming Act and any terms or conditions of the license issued under the Video Gaming Act. The video gaming terminals may only be operated during such times as the holder of the liquor license hereunder is authorized to serve alcohol.
(C) Class B "Restaurant." License shall be issued for a period of one year to any person or persons, organization, association, partnership or corporation doing business as a restaurant for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold subject to the other terms and conditions of this code.
(D) Class BVG "Restaurant" (with video gaming). License shall be issued for a period of one year to any person or persons, organization, association, partnership or corporation doing business as a restaurant for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold subject to the other terms and conditions of this code. Video gaming is hereby permitted on the premises, provided a proper, current. valid license has been issued to the holder of the liquor license hereunder, pursuant to the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.). The holder of the liquor license shall abide at all times by all requirements of § 114.011 of this code, the Illinois Video Gaming Act and any terms or conditions of the license issued under the Video Gaming Act. The video gaming terminals may only be operated during such time as the holder of the liquor license hereunder is authorized to serve alcohol.
(E) Class C "Beer Garden." License shall be issued for a period of one year to any person or persons, organization, association, partnership, or corporation that holds a Class A license and entitles licensee to make sales, at retail, of liquor for use or consumption outdoors on the premises where sold.
(1) Class C “Beer Garden” licenses shall designate on a site or patio plan an area immediately adjoining the licensee’s indoor establishment, which contiguous area shall be used for the purposes of the license, and which area will hereinafter be referred to as a beer garden. The beer garden may not exceed 50% of the establishment interior occupancy, and shall have its boundaries clearly marked with the appropriate enclosure as determined by the City Administrator or designees. The Liquor Commissioner, in his or her sole and absolute discretion, shall approve the location of a beer garden or where the zoning ordinance regulates the use will supersede the Liquor Commissioner’s discretion.
(2) Class C “Beer Garden.” All special events taking place during inclement weather shall require permission from the Liquor Commissioner.
(3) Such sale and consumption of liquor shall be limited to the designated beer garden.
(4) Licensee must have at least one employee stationed in the beer garden at all operational times.
(5) Adequate area for pedestrian flow through the beer garden shall be maintained at all times.
(6) Emergency ingress and egress and access by and to fire apparatus in the beer garden shall be subject to review and approval of the City Fire Chief.
(7) The beer garden shall be maintained in a clean and sanitary condition and shall be kept from debris at all times.
(8) All trash containers located in the beer garden shall be lidded at all times and all refuse shall be regularly removed.
(9) Licensees shall obtain all licenses, certifications, permits, and other approvals required for the legal operation of the beer garden.
(10) Licensees shall comply with all other requirements applicable to the beer garden in the code and other applicable codes, ordinances, and regulations.
(11) It shall be unlawful to sell, offer, give away or permit to be sold, offered or given away, at retail, in or upon a Class C licensed beer garden, any liquor between the hours of 2:00 a.m. and 11:00 a.m. Sunday through Thursday, and between the hours of 3:00 a.m. and 11:00 a.m. on Fridays and Saturdays.
(12) Following the closing times and prior to the opening times set forth in of this section of the city code, every non-licensee person located in the beer garden area shall relocate indoors or otherwise leave the outdoor premises, which shall be closed and remain closed.
(13) All doors directly opening into or out of such location, place or premises for ingress thereto or egress therefrom shall be securely locked during the time that sales in the beer garden are prohibited.
(F) Class D “Outdoor Café.” License entitles Class A and B licensees to make sales, at retail, of liquor for use or consumption outdoors on the premises where such sales are incidental to and sold in conjunction with the service of food, as the same is defined in § 111.40 of the city code. The sale shall be by responsible entities otherwise duly licensed under the city code and possessing a current, valid license from the city for the sale of liquor at retail for consumption on the premises (e.g., a Class A and B license in addition to a Class D license), and any required outdoor dining permits required by the city code. The sale of liquor at retail for consumption in connection with the service of food by a restaurant with outdoor dining shall be allowed for limited periods of time at the hours specified and subject to the following regulations:
(1) Class D “Outdoor Café” licensees shall designate on a site or patio plan an area immediately adjoining the licensee’s indoor establishment, which contiguous area shall be used for the purposes of the license, and which area will hereinafter be referred to as an outdoor café. The outdoor café may not exceed 50% of the establishment interior occupancy, and shall have its boundaries clearly marked with the appropriate enclosure as determined by the City Administrator or designees. The Liquor Commissioner shall approve, in his or her sole and absolute discretion, the location of an outdoor café or where the zoning ordinance regulates the use will supersede the Liquor Commissioner’s discretion.
(2) Class D “Outdoor Café.” All special events taking place during inclement weather shall require permission from the Liquor Commissioner.
(3) The service of liquor shall be restricted solely to on-premises consumption by customers within the outdoor dining area designated in the application for a Class D liquor license as the outdoor café area, which must be immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.
(4) The outdoor café must be clearly separated from pedestrian traffic.
(5) The licensee shall post a written notice to customers that the drinking or carrying of an open container of liquor is prohibited and unlawful outside the designated outdoor café area.
(6) Adequate area for pedestrian flow through the outdoor café shall be maintained at all times.
(7) Emergency ingress and egress and access by and to fire apparatus in the outdoor café shall be subject to review and approval of the City Fire Chief.
(8) The outdoor café shall be maintained in a clean and sanitary condition and shall be kept from debris at all times.
(9) Condiment and other food storage containers shall be lidded when not in use. Perishable condiments and other food items shall not be stored in the outdoor café.
(10) The tableware utilized in the outdoor café shall be the same china, napkins, flatware, and other tableware used in the restaurant.
(11) All trash containers located in the outdoor café shall be lidded at all times and all refuse shall be regularly removed. Soiled linens, tablecloths, and napkins shall not be stored in the outdoor café.
(12) Licensees shall obtain all licenses, certifications, permits, and other approvals required for the legal operation of the outdoor café.
(13) Licensees shall comply with all other requirements applicable to the outdoor café in the code and other applicable codes, ordinances, and regulations.
(14) It shall be unlawful to sell, offer, give away or permit to be sold, offered or given away, at retail, in or upon a Class D licensed outdoor café, any liquor between the hours of 9:00 p.m. and 11:00 a.m. Sunday through Thursday, and between the hours of 11:00 p.m. and 10:00 a.m. on Fridays and Saturdays.
(15) Following the closing times and prior to the opening times set forth in this section, every non-licensee person located in the outdoor café area shall relocate indoors or otherwise leave the outdoor premises, which shall be closed and remain closed.
(16) All doors directly opening into or out of such location, place or premises for ingress thereto or egress therefrom shall be securely locked during the time that sales in the outdoor café are prohibited.
(17) The outdoor café area designated in the application for a Class D liquor license must be adjacent to and incidental to the operation of an indoor restaurant and any use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor restaurant building. An outdoor café is only permitted where the sidewalk is wide enough to adequately simultaneously accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor café shall leave not less than six consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. An outdoor café shall not be allowed within ten feet of a fire hydrant, bus or rail stop, fire escape, bus stop, any doorway posted as an exit, loading zone or mail boxes.
(G) Class E "Liquor Store." License entitles licensee, doing business as a liquor store, to make package sales, at retail, of liquor for use or consumption off of the premises where sold. A Class E license shall also permit the tasting of wine or other liquor, as an ancillary part of the primary business of selling liquor. The number of such tastings may be limited by the Local Liquor Control Commissioner, in his or her discretion.
(H) Class F "Convenience Business." License entitles licensee to make package sales, at retail, of liquor for use or consumption off of the premises where sold.
(I) Class G "Combined." License entitles licensee to make sales, at retail, of liquor for use or consumption on the premises where sold and to make package sales, at retail, of liquor for use or consumption off the premises.
(J) Class GVG "Combined" (with video gaming). License hall be issued for a period of one year to any person or persons, organization, association, partnership or corporation doing business as a restaurant for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold subject to the other terms and conditions of this code. Video gaming is hereby permitted on the premises, provided a proper, current, valid license has been issued to the holder of the liquor license hereunder, pursuant to the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.). The holder of the liquor license shall abide at all times by all requirements of § 114.011 of this code, the Illinois Video Gaming Act and any terms or conditions of the license issued under the Video Gaming Act. The video gaming terminals may only be operated during such times as the holder of the liquor license hereunder is authorized to serve alcohol.
(K) Class H "Temporary." License shall be issued for a set period of time and license shall permit the sale of any and all liquor as defined herein by the drink only and for consumption on the premises for those hours approved and identified in the license.
(L) Class I "Video gaming Boutique". License shall be issued for a period of one year to any person or persons, organization, association, partnership or corporation, the principal business of which is the operation of video gaming terminals, for the sale of any and all liquor as defined herein by the drink only and for consumption on the premises where sold, in connection with and secondary to the video gaming operations. Video gaming is hereby permitted on the premises, provided a proper, current, valid license has been issued to the holder of the liquor license hereunder, pursuant to the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.). The holder of the liquor license shall abide at all times by all requirements of § 114.011 of this code, the Illinois Video Gaming Act and any terms or conditions of the license issued under the Video Gaming Act. The video gaming terminals may only be operated during such times as the holder of the liquor license hereunder is authorized to serve alcohol. The determination of whether a business meets the criteria for this license includes the following:
(1) No full service kitchen;
(2) Seating area for video gaming exceeds the seating for food/beverages;
(3) Estimated net revenue from overall business operation which is greater than 40% from video gaming;
(4) Total square footage of 2,000 feet or less.
The Class I license shall be further conditioned upon the full, continuous compliance with all city codes, including the building, sign and property maintenance codes.
(2000 Code, § 5.08.110) (Ord. 2006-07-0045O, passed 8-8-2006; Am. Ord. 2009-09-0260O, passed 9-22-2009; Am. Ord. 2010-12-0315O, passed 12-14-2010; Am. Ord. 2014-03-0488O, passed 3-27-2014; Am. Ord. 2016-06-0607O, passed 6-28-2016; Am. Ord. 2016-08-0616O, passed 9-13-2016) Penalty, see §
111.99