(A) General. In addition to any other requirement of this Code, or other applicable law or ordinance, the licensee shall have the following duties:
(1) Intoxicated person. No licensee shall permit an intoxicated person to enter into or allow to remain upon the licensed or accessory premises.
(2) Disorderly or dangerous persons. No licensee shall permit any person to enter into or remain upon the licensed or accessory premises who is engaged in conduct which, under the circumstances, constitutes, creates or which would tend to create a breach of the peace or any person that commits or attempts to commit battery, assault, indecent exposure, criminal damage to property, or other violation of federal, state or local law, upon the licensed or accessory premises.
(3) Dancing. No licensee shall permit dancing upon the licensed premises except in an area specifically designated for dancing only or upon a stage. Any dancing or standing upon tables or a bar is specifically prohibited.
(4) Discrimination. No licensee shall discriminate in service because of race, sex, religion, national origin or physical handicap.
(5) Violations of city, state or federal laws.
(a) No licensee shall permit or allow the violation of city ordinance, state statute or federal law upon the licensed or accessory premises by any person.
(b) No licensee shall violate any city ordinance, state statute or federal law upon the licensed or accessory premises.
(6) Nudity.
(a) No licensee shall permit any person, while on the licensed or accessory premises and public view, to:
1. Expose his or her genitals, pubic hair, buttocks, or anus;
2. Employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, buttocks, anus; or
3. Appear without a fully opaque covering of his or her genitals, pubic hair, buttocks, anus.
(b) No licensee shall permit any female person, while on the licensed or accessory premises and in public view, to:
1. Expose that area of the human breast below the top of the areola;
2. Employ any device or covering which is intended to give the appearance of or simulate that area of the human breast below the top of the areola; or
3. Appear without a fully opaque covering of that area of the human breast below the top of the areola.
(7) Fashion shows, sexually oriented entertainment and sale of clothing. No licensee shall offer or permit the following activity on any part of the licensed or accessory premises:
(a) No fashion shows shall be permitted at which male or female undergarments, bathing suits, or lingerie are displayed on human bodies.
(b) No sexually oriented entertainment shall be permitted. The term "sexually oriented entertainment" shall include employees or agents of the licensee who are clothed in a manner so as to constitute "adult entertainment."
(c) No person shall sell or offer for sale or offer as a prize for a raffle any clothing that constitutes male or female undergarments, bathing suits, or lingerie.
(8) Fighting prohibited; licensees conduct.
(a) Fighting, by patrons, either inside a licensed premises or any place outside the premises that is owned or leased by and used for the licensed premises or on any public way adjacent to the licensed premises is prohibited. For the purpose of this section, "fighting" shall mean any threatening or touching of another person which provokes or tends to provoke a breach of the peace. If self defense is offered as a defense to a charge of fighting, that defense must be established by the presentation of clear and convincing evidence. Any person violating this section shall be fined not less than $250.
(b) A summary of subsection (a) above shall be prominently displayed in all premises holding a liquor license. The notice shall further state that any person in a licensed premises observing a fight shall immediately notify the Village Police Department. A sign stating the regulations being the subject of this section shall be available from the Village Administrator's office.
(c) Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the "maintenance of order standard." The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight breaks out or is in imminent danger of breaking out. If a fight does occur, the Local Liquor Control Commissioner shall have the right to conduct a hearing to consider the circumstances surrounding the fight and to determine the extent to which the licensee failed to adhere to the "maintenance of order standard." At such a hearing, the Local Liquor Control Commissioner may consider the following matters, among others:
1. Prior incidents of reported or unreported fighting.
2. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the premises.
3. Whether any participant was served by the licensee after the participant's intoxication should have been evident to the licensee.
4. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person's removal from the premises.
5. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent.
6. The actions of the licensee in reacting to the fight.
7. The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, over serving and prevention of altercations.
8. Whether minors were involved in the fighting.
9. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight. Considering all of the circumstances brought into evidence at the hearing, the Local Liquor Control Commissioner shall make a determination of whether the licensee violated the "maintenance of order standard." If it is determined that a violation occurred, the Local Liquor Control Commissioner may impose any penalty set forth in this chapter up to and including license revocation.
(d) The following procedure shall be observed by a licensee with respect to fighting:
1. The licensee or the licensee's agent or employee on the premises shall notify the Village Police Department immediately when the licensee knows or in the exercise of ordinary judgment should know that a fight is occurring or imminent.
2. In addition, within 48 hours of the occurrence, the licensee shall file with the Village Liquor Control Commissioner a report on a form provided by the village containing the following information:
A. The number of the persons involved in the fight.
B. The approximate amount of alcohol consumed at the premises by each person involved in the fight.
C. What action, if any, was taken by the licensee to prevent the fight.
D. What action, if any, was taken by the licensee subsequent to the start of the fight.
E. The licensee's opinions as to why the fight occurred.
(e) Failure by the licensee to give immediate notification to the Police Department of a fight on a licensed premises or failure to file a report as required in subsection (d) herein with the Liquor Control Commissioner shall subject the licensee to a mandatory fine of $500 or a possible suspension or revocation of the village liquor license. For purposes of this section the word "immediate" shall refer to such time as one party threatens another or actually commences fighting with another.
(f) The provisions of this section shall not generally apply in circumstances where alcohol is used in an individual guest room within a hotel or where alcohol is mixed and poured at the hotel bar but it is delivered to a separate banquet or meeting room. This section shall apply to any other delivery of alcohol at a hotel, including, but not limited to, delivery in the restaurant or lounge or in those cases where a bar is set up in an area away from the main bar for the convenience of banquet room guests.
(9) Restriction on exterior signage. No Class A, E, F or V licensee, its agents, employees or vendors shall post, maintain or allow to maintain a temporary, exterior sign advertising for sale, at a “special price” or reduced sale price (whether or not said price is actually reduced), any alcoholic liquor, upon the exterior, window or any other exterior portion of the building occupied by said licensee.
(Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17; Am. Ord. 21-20, passed 7-26-21)