§ 116.15  CLASSIFICATIONS OF LICENSES.
   (A)   Class “A” On Premise License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor for consumption on the premises specified in such license.
      (2)   Sales may occur at all hours chosen by the licensee, except between the hours of 1:00 a.m. and 5:00 a.m., when no sales of alcoholic liquor may be made.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic liquor upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic liquor and before such business reopens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hours duties which relate to cleaning and closing such business.
   (B)   Class “B” On Premise Extended Hours License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor for consumption on the premises specified in such license.
      (2)   Sales may occur at all hours chosen by the licensee, except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday, when no sales of alcoholic liquor may be made.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic liquor upon the licensed premises more than one-half hour after close of business for the retail sale of alcoholic liquor and before such business reopens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hours duties which relate to cleaning and closing such business.
   (C)   Class “C-1” Off Premise License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor in the original retail package of the manufacturer on the premises specified in the license.
      (2)   Sales may occur at all hours chosen by the licensee, except between the hours of 1:00 a.m. and 5:00 a.m., when no sales of alcoholic liquor may be made.
      (3)   No alcoholic liquor sold pursuant to a Class “C-1” license shall be consumed on the premises for which such license is issued.
   (D)   Class “C-2” Off Premise Extended Hours License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor in the original retail package of the manufacturer on the premises specified in the license.
      (2)   Sales may occur at all hours chosen by the licensee, except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday, when no sales of alcoholic liquor may be made.
      (3)   No alcoholic liquor sold pursuant to a Class “C-2” license shall be consumed on the premises for which such license is issued.
   (E)   Class “D-1” On Premise with Entertainment License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor for consumption on the premises specified in such license.
      (2)   Sales may occur at all hours chosen by the holder thereof, except between the hours of 2:00 a.m. and 5:00 a.m., when no sales of alcoholic liquor may be made; provided that, a live band, or such other live entertainment as the Liquor Commissioner deems comparable, performs at such premises at least five days each week.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic liquor upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic liquor and before such business reopens as allowed by the preceding, and the premises shall be vacated one-half hour after the close of such business by all persons other than employees of the licensee then engaged in customary after-hours duties relating to cleaning and closing such business.
   (F)   Class “D-2” On Premise with Bowling Alley License.
      (1)   Licenses shall authorize the holder thereof to sell at retail alcoholic liquor for consumption on the premises specified in the license.
      (2)   Sales may occur at all hours chosen by the holder thereof, except between the hours of 2:00 a.m. and 5:00 a.m., when no sales of alcoholic liquor may be made, provided that the holder of such license operates on such same premises a bowling alley and food is being served at all such hours on such premises.
      (3)   No person may consume, and no person other than the licensee may possess or have, any alcoholic liquor on such premises more than one-half hour after the close of business for the retail sale of alcoholic liquor and before such business reopens as allowed by the preceding.
   (G)   Class “E” On and Off Premise License.
      (1)   Licenses shall authorize a holder thereof to make sales at retail of alcoholic liquors for consumption on the premises with a seating capacity for 20 or more patrons and to sell packaged alcoholic liquors for consumption off the premises.
      (2)   Class "E" licenses shall authorize a holder thereof to sell, at retail, alcoholic beverages for consumption on the premises specified in such license and to sell packaged alcoholic liquors for consumption off the premises specified in such license at all hours chosen by the licensee except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday, when no sales of alcoholic beverages may be made.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic beverage upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic beverage and before such business opens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hour duties which relate to cleaning and closing of such business.
   (H)   Class “F” Brew Pub License.
      (1)   Licenses shall authorize a holder thereof to manufacture beer ("brew pub") and store the brew pub at a designated premises and to make sales to distributors, importing distributors, as well as the direct sale to non-licensed consumers for consumption off the designated premises in containers not larger than 64 ounces or on the designated premise. A licensee shall not sell, for off premises consumption, more than 50,000 gallons of beer per year. A Class "F" licensee must have a valid brew pub license from the State of Illinois.
      (2)   Class "F" licenses shall authorize a holder thereof to sell, at retail, alcoholic beverages for consumption on the premises specified in such license at all hours chosen by the licensee except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday, when no sales of alcoholic beverages may be made.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic beverage upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic beverage and before such business opens as allowed by the preceding. The premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hour duties which relate to cleaning and closing of such business.
      (4)   A Class "F" license shall authorize the licensee to sell its micro-brewed beer for consumption off premises in containers not larger than 64 ounces at all hours chosen by the licensee except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday, when no sales of alcoholic beverages may be made.
   (I)   Class “G-1" Not-for-Profit License.
      (1)   Licenses shall authorize a Not-For-Profit Corporation as holder thereof to sell, at retail, alcoholic liquor for consumption only on the premises where sold.
      (2)   Alcoholic liquor may be sold at retail for consumption on the premises at all hours chosen by the holder thereof, except between the hours of 1:00 a.m. and 5:00 a.m. when no sales of alcoholic liquor may be made.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic beverage upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic beverage and before such business opens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hour duties which relate to cleaning and closing of such business.
   (J)   Class "G-2" Not-for-Profit Extended Hours License.
      (1)   Licenses shall authorize a Not-For-Profit Corporation as holder thereof to sell, at retail, alcoholic liquor for consumption only on the premises where sold.
      (2)   Alcoholic liquor may be sold at retail for consumption on the premises at all hours chosen by the holder thereof, except between the hours of 2:00 a.m. and 5:00 a.m. when no sales of alcoholic liquor may be made; providing that a live band or such other live entertainment, as the Liquor Commissioner deems comparable, performs at such premises at least five days each week.
      (3)   No person may consume, and no person other than the licensee shall possess or have, any alcoholic beverage upon the licensed premises more than one-half hour after the close of business for the retail sale of alcoholic beverage and before such business opens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all persons other than employees of the licensee then engaged in customary after-hour duties which relate to cleaning and closing of such business.
   (K)   Class “H-1" Video Gaming License.
      (1)   Licenses shall be required of each licensee having a video gaming permit issued to the licensee pursuant to Chapter 121 of this code and shall authorize the licensee to sell at retail, alcoholic liquor for consumption, on the premises, specified in the license.
      (2)   Sales may occur at all hours chosen by the licensee except between the hours of 1:00 a.m. and 5:00 a.m. Monday through Friday, inclusive, and between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday when no sales of alcoholic liquor may be made; provided that, a licensee may have a live band, or such other live entertainment as the Liquor Commissioner deems acceptable.
      (3)   No person may consume and no person other than the licensee shall possess or have, any alcoholic liquor upon the licensed premises, more than one half hour after close of business for the retail sale of alcoholic liquor and before such business reopens as allowed by the preceding, and the premises shall be vacated within one-half hour of the close of such business by all such persons other than employees of the licensee then engaged in customary after-hour duties which relate to cleaning and closing such business.
      (4)   The holder of a Class H-1 license shall not be required to have any other city liquor license.
   (L)   Class “I-1" BYOB License.
      (1)   Licenses shall authorize BYOB upon the conditions set forth hereafter.
         (a)   Consumption of the alcoholic liquor must be in conjunction with the purchase of goods and services offered by the business in its normal course of operations.
         (b)   Consumption of the alcoholic liquor shall be limited to those patrons of the licensee who furnished the alcoholic liquor and their guests.
         (c)   Every container of wine brought onto the licensee's premises by a patron may be opened by the personnel of the licensee and it shall be unlawful for any person to leave the premises with a partially consumed container of wine unless it is securely sealed and receipted by the personnel of the licensee prior to removal from the premises and placed in a transparent, one time use, tamper proof bag in accordance with the Illinois Liquor Control Act.
         (d)   It shall be unlawful for any person to leave the licensee's premises with a partially consumed container of alcoholic liquor other than a properly sealed container of wine.
         (e)   The licensee may charge a “corkage fee”.
         (f)   Consumption of alcoholic liquor brought onto the licensee's premises, by a patron of the licensee, shall be at all hours chosen by the licensee, except between the hours of 12:00 a.m. and 5:00 a.m. when consumption of alcoholic liquor is strictly prohibited.
         (g)   Video gaming shall be prohibited on the premises that possess a Class I-1 license.
         (h)   Possession and/or consumption of alcoholic liquor by any person under age 21 is prohibited.
         (i)   It shall be unlawful for any business, which does not have either a Class I-1 license or a Class I-2 license, to allow any person to consume alcoholic liquor on the business premises wherein the alcoholic liquor is furnished by a patron of the business.
   (M)   Class “I-2" BYOB Restaurant Rider License.
      (1)   Licenses shall authorize a restaurant that is the holder of a Class A license, B license, E license, F license, G-l license, G-2 license or H-l license to permit BYOB upon the conditions set forth hereafter.
         (a)   Consumption of alcoholic liquor shall be in conjunction with the purchase and consumption of a meal.
         (b)   Consumption of the alcoholic liquor shall be limited to those patrons of the licensee who furnished the alcoholic liquor and their guests.
         (c)   Every container of wine brought onto the licensee's premises by a patron may be opened by the personnel of the licensee and it shall be unlawful for any person to leave the premises with a partially consumed container of wine unless it is securely sealed and receipted by the personnel of the licensee prior to removal from the premises and placed in a transparent, one time use, tamper proof bag in accordance with the Illinois Liquor Control Act.
         (d)   It shall be unlawful for any person to leave the licensee's premises with a partially consumed container of alcoholic liquor other than a properly sealed container of wine.
         (e)   The licensee may charge a “corkage fee”.
         (f)   Consumption of alcoholic liquor brought onto the licensee's premises, by a patron of the licensee, shall be only during the hours as allowed by the licensee's existing liquor license issued by the City of O'Fallon for the sale of alcoholic liquor.
         (g)   Possession and/or consumption of alcoholic liquor by any person under age 21 is prohibited.
         (h)   It shall be unlawful for any business, which does not have either a Class I-1 license or a Class I-2 license, to allow any person to consume alcoholic liquor on the business premises wherein the alcoholic liquor is furnished by a patron of the business.
   (N)   Class “J” Tasting Event License.
      (1)   Licenses shall authorize a tasting event upon the conditions set forth hereafter.
         (a)   License shall authorize the holder thereof to conduct alcoholic liquor tasting and sale of packaged alcoholic liquor through a tasting representative in conjunction with a sponsored, hosted or promoted tasting event on days chosen by the licensee (subject to the restriction hereafter) and at all hours chosen by the licensee between the hours of 9:00 a.m. and 11:00 p.m. only.
         (b)   Any person who applies for a Class J license must be a holder of a valid State of Illinois issued retailer's license, special event retailer's license, caterer's retail license or special use permit license at the time such Class J license application is made and at all limes during the period of time for which the city license is issued,
         (c)   A Class J license issued for a tasting event, shall be valid only for and limited to the specific date(s) and hour(s) when the tasting event will occur. The tasting event shall not exceed five daily events in a 12 month period of time.
         (d)   Nothing in this division shall be deemed to relieve any license applicant from the requirement of obtaining a special event permit issued by the city for those events which require such a permit as provided by the O'Fallon Code of Ordinances and/or policies governing the application for and issuance of special event permits.
         (e)   The license holder shall:
            1.   Prohibit consumption of any alcoholic liquor other than by tasting within the tasting event;
            2.   Refrain from offering or providing a sample of alcoholic liquor to anyone under the age of 21 years;
            3.   Insure all samples of alcoholic liquor be immediately consumed on the premises of  the tasting event; and
            4.   Prohibit consumption of any packaged liquor sold within the tasting event.
         (f)   Nothing in division (N)(1)(e)4. shall be construed as:
            1.   Prohibiting an event sponsor from charging a cover charge to enter the event or from selling tickets for the privilege of participating in the tasting event;
            2.   Prohibiting an event sponsor from charging any person who purchases any alcoholic liquor product as a package sale; or
            3.   Requiring any event sponsor who offers tasting at a tasting event to also offer package sales of the offered alcoholic liquor at the tasting event.
   (O)   Class “K” Catering License.
      (1)   Licenses shall authorize a catering license upon the conditions set forth hereafter.
         (a)   A CATERER means a person who serves alcoholic beverages for consumption, either on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service, holds a valid caterer retailer license issued by the State of Illinois Liquor Commission and holds a valid St. Clair County Health Department retail food establishment permit.
         (b)   A caterer shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals either on-site or off-site. A Class K license shall be issued to the applicant who can demonstrate that they are operating a bona fide catering business. The Class K license holder must hold a valid liquor license to be eligible.
         (c)   Authorizes the licensee to sell to the public alcoholic liquor in original packages only, for consumption at a private party at a location within city limits when the food for said party is prepared by the licensee.
         (d)   All food and beverage sales made by the licensee shall be made at the registered office of licensee, which shall be deemed the licensed premises. Such sales shall be subject to the applicable municipal taxes.
         (e)   Proof of dram shop insurance (liquor liability) for off-site operations must be provided with the application.
         (f)   When the holder of a caterer license is serving alcohol off-site, such service and consumption shall occur only during the meal, unless the event is a prearranged private function for a specific social or business occasion, by invitation only, not advertised or open to the public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private function.
         (g)   A holder of a caterer license is authorized to serve all alcoholic liquors at an off-site location.
   (P)   Class “L” One Day Extended Premises License.
      (1)   Class L License (One day extended premises) shall authorize a license holder in good standing of a Class A, B, D-1, D-2, F, G-1, G-2, or H-1 liquor license to sell alcohol for consumption upon the controlled premises, covered by the primary liquor license on a date certain.
      (2)   (a)   Prior to the issuance of a Class L license, the applicant(s) must first obtain approval for a special event permit. (Cross reference: For special events, see Chapter 118.)
         (b)   The approved special event permit must include boundaries of the controlled premises.
      (3)   The approval of such license may be dependent upon the applicant complying with requirements identified by the city for the erection of tents, fences, or other barricades, provision of sufficient waste receptacles and outdoor restroom facilities, requirements for utilizing non-glass beverage containers, providing additional security, requirements for the removal of barricades, temporary signage, and litter within a specified time following the completion of the event for which the license has been issued, and past performance in conducting such temporary extended premises events.
(1999 Code, § 116.10)  (Ord. 1534, passed 3-30-1992; Ord. 3824, passed 3-17-2014; Ord. 3825, passed 3-17-2014; Ord. 3827, passed 4-21-2014; Ord. 3860, passed 2-17-2015; Ord. 3932, passed 5-16-2016; Ord. 4065, passed 11-5-2018; Ord. 4107, passed 8-5-2019)