Licenses shall be divided into the following classes:
(A) Class A on-premises consumption license. Class A licenses, which shall authorize retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor for seven days per week. The annual fee for such license shall be $1,000 in 2021, and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk.
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(E) Class C-2 special event license. Class C-2 licenses, which shall authorize the retail sale of alcoholic beverages for consumption on the approved premises for one-day periods. The fee for such license shall be $50. The Class C-2 license shall be subject to the restrictions in § 112.19(B).
(F) Class D package sales license - alcoholic liquor. Class D licenses, which shall authorize the retail sale of alcoholic liquor, in individual packages but not for consumption on the premises where sold, and provided there shall be advertisement or public display in said place of business of such alcoholic liquor. The annual fee for such licenses shall be $1,000 in 2021, and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk. Holders of Class D licenses shall be permitted to conduct alcoholic liquor sampling or tasting promotions on the premises, provided there is no charge for the samples provided. Businesses which sell fuel for motor vehicles on the premises shall not be eligible for this classification.
(G) Class D-1 package sales license - beer and wine only. Class D-1 licenses, which shall authorize the retail sale of beer and wine only in individual packages but not for consumption on the premises where sold and provided there shall be advertisement or public display in said place of business of such alcoholic liquor. The annual fee for such license shall be $750 in 2021, and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk. Holders of Class D-1 licenses shall be permitted to conduct alcoholic liquor sampling or tasting promotions on the premises, provided there is no charge for the samples provided.
(H) Class E restaurant license. Class E licenses, which shall authorize retail sale on the premises specified of alcoholic liquor for consumption on the premises only, there shall be no carry-out sales; said license shall only be granted for use in an establishment that contains a restaurant as defined in § 112.01 and this license shall be void and of no effect if it is not used in an establishment containing a restaurant. The annual fee for such license shall be $750 in 2021, and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk. Notwithstanding any other provision of this chapter, a restaurant licensed to sell alcoholic liquor in the village may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premises consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this section and not tampered with shall not be deemed an unsealed container for purposes of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-502 or § 112.02 of this Code.
(H1) Class F on-premises consumption license for liquor stores, convenience stores and gas stations with video gaming.
(1) Class F licenses, which shall authorize the holders of Class D or Class D-1 retail package sales licenses to also provide for the sale of beer and wine only, in conjunction with video gaming, to be sold for consumption on the specified premises. A Class F license is exclusive to package liquor stores, convenience food stores and gas stations that operate convenience food stores and that are not considered a licensed truck stop establishment or licensed large truck stop establishment. The operation of video gaming terminals shall be ancillary to the operation of the premises as a package liquor store/convenience store or gas station with a convenience store.
(2) Class F license holders are allowed to apply for a video gaming license through the state and village. A Class F licensee must have a video gaming license issued by the village and the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, ILCS Ch. 230, Act 40, §§ 1 et seq., and shall comply at all times with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board and the village. A failure to maintain a video gaming license in good standing shall result in the immediate suspension of the Class F liquor license.
(3) The annual fee for a Class F license shall be $1,750 in 2021 and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk.
(4) Class F licenses are further subject to the following:
(a) Any areas used for on-site consumption of beer and wine shall be enclosed in a separate room (the "gaming room"), which shall comply with the Illinois Accessibility Code and all other applicable codes and regulations and shall have a glass door for ingress and egress.
(b) A building permit shall be required for the gaming room.
(c) The entrance to the gaming room shall be visible to at least one employee of the establishment who is over 21 years of age, to ensure that no persons under 21 years of age are present in the gaming room. Entry to the gaming room shall only be accessible by the principal, proprietor, an agent, or an employee of the establishment who is over 21 years of age or other secured means of access approved by the Liquor Commissioner. The licensed package/convenience store/gas station must have an employee or agent at the establishment who is over 21 years of age at all times that beer and wine are offered for consumption on-premises.
(d) Beer and wine shall only be consumed on-site in the gaming room in accordance with the terms of the establishment's class F local liquor license. Beer or wine may only be served to persons who are actively playing on video gaming terminals.
(I) Special use permit license for current licensees.
(1) The local Liquor Control Commissioner may grant a special use permit license to licensed retailers to allow for the selling or serving of alcoholic beverages at a specified site which is adjacent to their current licensed building premises, for a special event. Any applicant for a special event license shall pay a fee of $50. Special events shall be those events designated by the President as being eligible under this section. A special permit license applies only to the event, location, duration, and hours authorized by the local Liquor Commissioner. The local Liquor Commissioner may impose such other restrictions on said license as deemed necessary. The fee for any such license is at the discretion of the Liquor Commissioner per license.
(2) The local Liquor Commissioner may also grant a special use permit license to any licensee to allow the selling or serving of alcoholic beverages within the building confines for a special event as herein defined.
(a) Special events liquor restrictions. The purpose of these guidelines is to inform the liquor license holder of their responsibility in controlling sales during special events:
1. All liquor must be dispensed in plastic or paper cups.
2. ID's must be checked, as with normal business operations.
3. Liquor must stay within your outdoor serving area.
4. Outdoor sales must stop at 1:00 a.m. on Friday/Saturday and 10:00 p.m. on Sunday. Service area must be clear of customers within 30 minutes after stopping sales.
5. Refuse containers must be at each exit for garbage or empty cups and/or unconsumed liquor.
6. Outside service area must be fenced.
7. Outside servers must be readily identifiable.
(b) Note: Each liquor license holder is responsible for ensuring that individuals do not leave their area with alcohol, and/or hand alcohol to people outside the serving area.
(c) Violation(s) may result in suspension of a temporary license for the remainder of the special event.
(J) Class O outdoor liquor permits.
(1) A Class O license shall authorize the holder of only a Class A, Class C-1 or Class E liquor license (licensed premises) to sell alcoholic liquor for consumption outside of the permanent structure (permitted premises) and immediately adjacent to the licensed premises in a location designated by the Liquor Commissioner, renewable annually. The annual license fee for a Class O liquor license shall be set at $50 per year, renewable on the same day as the renewal for the primary liquor license. A Class O-1 permit shall authorize the holder of only a Class A or Class E liquor license (licensed premises) to sell alcoholic liquor for consumption outside of the permanent structure (permitted premises) and immediately adjacent to the licensed premises in a location designated by the Liquor Commissioner for a single event on one calendar day. The fee for a Class O-1 permit shall be $50 per permit. In addition to any other requirement, a Class O or O-1 permit may be denied or revoked if the applicant fails to clearly establish to the satisfaction of the Liquor Commissioner:
(a) That outdoor operations will not disturb the lawful use and quiet enjoyment of nearby properties;
(b) That the outdoor premises will be operated in strict accordance with applicable health, building, fire and life safety codes;
(c) That adequate safeguards are in place for security, crowd control, lighting control and the protection of minors;
(d) That the licensee has previously maintained adequate control and supervision of the licensed premises and has consistently operated the licensed premises in substantial compliance with the Village Liquor Code;
(e) That the premises can be made to comply with the requirements of this section;
(f) That all such outdoor areas shall be owned by or leased to the applicant and has received written permission from the owner to install any improvements requiring a building permit from the village.
(2) A Class O or O-1 permit shall be subject to the following conditions:
(a) Notwithstanding anything to the contrary, no alcoholic beverages shall be served, consumed or be present in any outdoor area after 11:00 p.m. on any day of the week;
(b) No outdoor area shall be open, used or occupied for consumption of any alcoholic beverages between November 1 through March 31;
(c) The outdoor area proposed shall not exceed 20% of the first floor of the licensee's gross floor square footage, excepting any liquor license holders with pre-existing outdoor areas that lawfully existed prior to January 1, 2005;
(d) Notwithstanding any provision of law to the contrary, if the permanent structure containing the permitted premises is situated on real property that is adjacent to a residential zoning district, the premises shall be enclosed by a solid permanent fence or another suitable barrier designated by the Liquor Commissioner at least six feet in height;
(e) Notwithstanding any provision of law to the contrary, if the permanent structure containing the premises is not situated on real property that is adjacent to a residential zoning district, the permitted premises shall be enclosed by a permanent fence at least four feet in height or another suitable barrier designated by the Liquor Commissioner;
(f) Unless other reasonable means of access control are specifically allowed for by the Liquor Commissioner, access to the permitted premises shall be via the permanent structure containing the licensed premises, except that emergency only exits required by village ordinances must be provided;
(g) Entertainment and electronically amplified music or sound shall not be permitted unless the provisions of Chapter 95 are met in full and the applicable Class M license is obtained, if necessary;
(h) Concurrent with the filing of an application, the owner shall submit a site plan depicting the layout of the outdoor area, a detailed description of materials to be used as fencing and emergency exits, including landscaping, fencing, ingress, egress and occupant load (a report from the Peotone Fire Protection District is required). Canopies, screening and/or tents shall meet the flame spread ratings required by the Code and shall be safely secured. Permanent structures shall be designed and constructed according to applicable Village Code;
(i) Screening, canopies and/or roof structures shall be maintained in accordance with the currently adopted building, property maintenance and other adopted codes of the village;
(j) All alcohol must be served by a waitress/waiter that is an employee of the licensee;
(k) No sales or deliveries of any alcoholic liquor shall be made or allowed to any person on adjoining property, street, sidewalk, or alley;
(l) No liquor served in an open container shall be removed from the permitted premises;
(m) All fences, enclosures or other structures required by this section shall be located, constructed and maintained in conformance with the zoning, building and other ordinances of the village;
(n) No advertising materials, posters or any other commercial messages shall be posted or applied so as to be visible outside the fencing or screening;
(o) The Liquor Commissioner may impose such additional conditions as may be reasonable and necessary.
(K) Class M entertainment liquor permits.
(1) Definition. ENTERTAINMENT for purposes of the Class M liquor license is defined as the offering or permitting of any amusement including live musical performances, vaudeville, acting, dancing, contests or disc jockey using prerecorded music. ENTERTAINMENT shall not be construed to include radio, television, coin-operated game machines, karaoke, or electronic reproduction of music not accompanied by a disc jockey or in-person announcer.
(2) No entertainment as defined herein shall be allowed at any liquor license premises without a Class M permit.
(3) Classes of Class M licenses.
(a) A Class M-1 liquor license shall allow for a single event (one day) entertainment performance. The Class M-l liquor license shall authorize only the holder of a Class A or Class E liquor license to allow for entertainment as defined in division (K)(1). The fee for a Class M-l liquor license shall be set at $50 per event.
(b) A Class M-2 liquor license shall allow for entertainment performances at such time as dates and times as may be approved by the Liquor Commissioner. The Class M-l liquor license shall authorize only the holder of a Class A, Class C-l or Class E liquor license to allow for entertainment as defined in division (K)(1). No entertainment as defined herein shall be allowed at any liquor license premises without a Class M permit. The fee for a Class M-2 liquor license shall be set at $50 per year. Annual renewal on the same day as the primary liquor license renewal; application must be submitted three weeks prior to Board action.
(4) Any Class M license may be denied or revoked if the applicant fails to clearly establish to the satisfaction of the Liquor Commissioner:
(a) That entertainment will not disturb the lawful use and quiet enjoyment of nearby properties;
(b) That the entertainment will be operated in strict accordance with applicable health, building, fire and life safety codes;
(c) That adequate safeguards are in place for security, crowd control, lighting control and the protection of minors;
(d) That the licensee has previously maintained adequate control and supervision of the licensed premises and has consistently operated the licensed premises in substantial compliance with the Village Liquor Code;
(e) That the premises can be made to comply with the requirements of this section;
(5) All Class M permits shall be subject to the following conditions:
(a) All entertainment dates shall be disclosed in writing (including site plan) to the Police Chief or Village Administrator no less than 15 days in advance of the event and the event shall not proceed unless approved in writing by the Police Chief or Village Administrator. The written approval of the Police Chief or Village Administrator containing the date of the approved entertainment shall be posted in a conspicuous place in the licensee's premises.
(b) Prior to the issuance of any Class M liquor license the applicant shall provide the Liquor Commissioner with the maximum occupancy as may be determined by the Peotone Fire Protection District. Concurrent to the application, the applicant shall provide the Liquor Commissioner with the written approval of the Fire Protection as to the maximum occupancy for any entertainment event. Upon issuance of a Class M license, the licensee shall have an affirmative duty to maintain occupancy at or below the maximum occupancy as determined by the Fire Protection District. In the event licensee is found to be in violation of this subchapter, the Peotone Police Department shall be authorized to close the premises for the day and shall file a report with the Liquor Commissioner. The approved maximum occupancy shall be posted in a conspicuous place in the licensee's premises.
(c) All entertainment shall cease no less than one hour before the closing time as set forth in the licensee's Class A or Class E liquor license. All band/music equipment, staging, PA systems must be removed by statutory closing time. Tear down will not be an accepted excuse for open after hours.
(d) Entertainment and electronically amplified music or sound shall not be permitted unless the provisions of Chapter 95 of this Code, if applicable, are met in full.
(e) The use or display of pyrotechnics, fireworks, and open flames are prohibited.
(f) The licensee shall immediately report to the Village Police Department all acts of disorderly conduct, battery, assault, indecent exposure, criminal damage to property, unlawful loitering, public urination or other violation of federal, state or local law, that the licensee observes or has reason to believe is occurring or has occurred upon the licensed premises or public property adjacent to the licensed premises. The licensee shall cooperate with any law enforcement agency in the investigation and prosecution of such violations.
(g) The Liquor Commissioner may impose such additional conditions as may be reasonable and necessary.
(h) Any violation of any conditions as set forth in this section or as may be added pursuant to division (K)(2)(g) shall be deemed grounds to revoke, suspend or take such other disciplinary action as may be determined by the Liquor Commissioner.
(L) Class V video gaming café license.
(1) A Class V video gaming café license shall authorize the retail sale of alcoholic liquor in a video gaming café. Alcoholic liquor shall be served as an adjunct to café fare as specified in the definition of video gaming café above in § 112.01.
(2) A Class V license shall be subject to ail of the following conditions and such other appropriate conditions required by the corporate authorities of the village in an ordinance approving the creation and issuance of such a liquor license:
(a) Consumption of alcoholic liquor is allowed in the entire licensed premises, but there shall be a designated gaming area in the café where the video terminals are located, separate from tables meant for food service and consumption of café fare.
(b) No retail sale of alcoholic liquor for off premises consumption shall be permitted.
(c) Alcoholic liquor shall be sold and served only during the permitted service hours set forth in § 112.35 below. The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited.
(e) A Class V licensee must have a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, ILCS Ch. 230, Act 40,§§ 1 et seq., and shall comply at all times with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board and the village. A failure to maintain a video gaming license in good standing shall result in the immediate suspension of the Class V liquor license.
(f) No Class V liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
(g) Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 112.27 below.
(3) The annual fee for a Class V license shall be $2,500 in 2021, and shall automatically increase by 3% each year thereafter. A list of current fees is available from the Village Clerk.
(4) There shall be no more than one Class V license in existence within the village at any one time.
(Am. Ord. passed 3-26-74; Am. Ord. passed 6-11-79; Am. Ord. 83-05, passed 2-13-84; Am. Ord. 87-04, passed 4-27-87; Am. Ord. 97-09, passed 6-2-97; Am. Ord. 04-21, passed 9-7-04; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 12-10, passed 7-9-12; Am. Ord. 12-11, passed 7-9-12; Am. Ord. 16-09, passed 1-23-17; Am. Ord. 21-20, passed 7-26-21; Am. Ord. 22-03, passed 1-24-22)