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(A) Class A licenses. Class A licenses shall authorize the sale on the premises specified, at retail, of alcoholic liquor for consumption on the premises specified, as well as other retail sales of such liquor. Notwithstanding the restrictions on the retail sale of alcoholic liquor “after hours” as provided in § 112.43, Class A licensees shall be authorized to sell, at retail, alcoholic liquor as permitted by said license on Sundays from 8:00 a.m. to 11:00 p.m. The annual fee for a Class A license shall be $1,300 payable quarterly in advance.
(B) Class B licenses. Class B licenses shall authorize the sale, at retail, on the premises specified, of beer and wine coolers but not for consumption upon such premises. Notwithstanding the restrictions on the retail sale of alcoholic liquor “after hours” as provided in § 112.43, Class B licensees shall be authorized to sell, at retail, alcoholic liquor as permitted by said license on Sundays from 8:00 a.m. to 11:00 p.m. The annual fee for a Class B license shall be $1,300 payable quarterly in advance.
(C) Class C licenses. Class C licenses shall authorize military service clubs, as herein defined, to sell at retail, on the premises, alcoholic liquor for consumption on the premises. The annual fee for such a license shall be $200 payable in advance.
(D) Class D licenses. Class D licenses shall authorize restaurants, as defined in § 112.01, to sell at retail on the premises, alcoholic liquor for consumption on the premises. The holder of a Class D license, in addition to all other regular hours as set forth herein, shall be allowed the privilege of Sunday opening between the hours of 8:00 a.m. and 11:00 p.m. The sale of alcoholic liquor on Sundays shall be allowed only at those times when the restaurant is actually serving meals to the public. No package sale of alcoholic liquor of any kind is authorized by a Class D license. The annual fee shall be $1,300 payable quarterly in advance.
(E) Class E licenses. [Reserved.]
(F) Class F licenses. [Reserved.]
(G) Private function liquor license. A private function liquor license shall authorize the sale of alcoholic liquor in the premises, at retail, for consumption in the licensed premises during private functions. See definition in § 112.01.
(H) Class H licenses.
(1) A Class H license shall authorize the sale, at retail, of packaged alcoholic liquor for consumption off the premises only, and shall be issued only to an establishment with a separate “package liquor department”.
(2) Except for beer and wine coolers, all other packaged alcoholic liquor shall be displayed either behind the counter of the establishment, and shall not be directly accessible to patrons, or shall be displayed in the separate package liquor department. No person under the age of 21 years shall be allowed in the package liquor department. If patrons 21 years of age and older are allowed in the package liquor department, an employee of the retail establishment shall, at all times when a patron is present in said department, have a direct and unobstructed view thereof.
(3) The annual fee for Class H licenses shall be $1,300, payable quarterly in advance.
(4) Notwithstanding the restrictions on the retail sale of alcoholic liquor “after hours” as provided in § 112.43, Class H licensees shall be authorized to sell, at retail, alcoholic liquor as permitted by said license on Sundays from 8:00 a.m. to 11:00 p.m.
(I) Class I licenses.
(1) The holder of a Class A, Class C or Class D liquor license may apply for a Class I license which authorizes the retail sale of alcohol for consumption on premises other than that of the license holder but subject to location restrictions specified in § 112.39.
(2) A Class I license may be issued per event or for a period of one year; however, said license shall only be valid for a 12-hour period for each catering event. At least seven days prior to each catering event, the licensee must notify the Local Liquor Commissioner of the location and hours of sale of alcoholic liquor.
(3) All restrictions regarding the sale of alcoholic liquor, including types of alcohol and hours of sale of alcohol which apply to the licensee’s Class A, Class C or Class D license shall apply to the Class I license.
(4) The “per event” fee for a Class I license shall be $25 and the “annual” fee for a Class I license shall be $100 and shall be in effect as with the other local liquor licenses.
(5) A holder of an annual Class I liquor license shall be permitted, upon presentation of a receipt or other acknowledgment from the Local Liquor Commissioner of another municipality or County Liquor Commissioner having jurisdiction of the subject territory where the licensee will provide catering services, to cater outside the corporate limits of the City of Polo.
(‘72 Code, § 111.007) (Ord. passed 4-6-87; Am. Ord. 94-19, passed 10-6-94; Am. Ord. 95-13, passed 10-16-95; Am. Ord. 98-04, passed 6-15-98; Am. Ord. 99-29, passed 10-18-99; Am. Ord. 06-11, passed 11-6-06; Am. Ord. 08-07, passed 2-4-08; Am. Ord. 08-22, passed 9-15-08; Am. Ord. 11-05, passed 5-2-11; Am. Ord. 16-09, passed 11-7-16; Am. Ord. 21-23, passed 11-15-21) Penalty, see § 10.99
The number of licenses issued and outstanding at any one time shall not exceed 11 (excluding special events liquor licenses), and shall be as follows:
(A) Class A licenses: four in number;
(B) Class B licenses: three in number;
(C) Class C licenses: zero in number;
(D) Class D licenses: zero in number;
(E) Class E licenses: zero in number;
(F) Class F licenses: three in number;
(G) Private function liquor licenses: zero in number.
(H) Class H licenses: three in number.
(I) Class I licenses: zero in number.
(‘72 Code, § 111.008) (Am. Ord. passed 11-19-84; Am. Ord. passed 4-6-87; Am. Ord. 91-03, passed 4-15-91; Am. Ord. 95-5, passed 4-3-95; Am. Ord. 96-08, passed 5-6-96; Am. Ord. 98-01, passed 1-19-98; Am. Ord. 98-05, passed 6-15-98; Am. Ord. 99-05, passed 4-19-99; Am. Ord. 99-06, passed 5-3-99; Am. Ord. 99-30, passed 10-18-99; Am. Ord. 01-02, passed 4-2-01; Am. Ord. 02-05, passed 6-3-02; Am. Ord. 03-11, passed 8-18-03; Am. Ord. 04-06, passed 6-21-04; Am. Ord. 07-05, passed 3-5-07; Am. Ord. 08-08, passed 2-4-08; Am. Ord. 08-10, passed 3-3-08; Am. Ord. 08-16, passed 7-21-08; Am. Ord. 09-13, passed 6-1-09; Am. Ord. 09-13, passed 12-21-09; Am. Ord. 10-12, passed 7-6-10; Am. Ord. 11-15, passed 7-18-11; Am. Ord. 16-04, passed 6-20-16; Am. Ord. 16-09, passed 11-7-16; Am. Ord. 18-10, passed 10-15-18; Am. Ord. 19-11, passed 8-19-19; Am. Ord. 21-05, passed 1-18-21; Am. Ord. 21-11, passed 6-7- 21; Am. Ord. 21-22, passed 11-1-21; Am. Ord. 22-16, passed 10-17-22)
(A) Special events liquor licenses for the sale of beer and wine coolers only, for consumption within the boundaries permitted by the license, may be issued for a period of not to exceed five days upon application to and approval by the City Council. Such licenses shall be issued only to nonprofit organizations in connection with some special public event of benefit to the city. A special events liquor license shall not be considered a liquor license outstanding and subject to the restriction of the number of licenses contained in § 112.16 limiting the number of liquor licenses that shall be outstanding at any one time. Such license shall allow the sale of beer and wine coolers as set out in this section between the hours of 6:00 a.m. and 12:00 midnight on the days Monday through Friday, and between the hours of 6:00 a.m. Saturday and 1:00 a.m. Sunday.
(B) In addition to the sale of beer for consumption on the premises only, a special events liquor license may also authorize the sale of wine coolers as defined in § 112.01.
(C) All beverages shall be distributed and served from their original package, as defined in § 112.01.
(D) The fee for such special events liquor license shall be $50.
('72 Code, § 111.010) (Ord. passed 4-5-82; Am. Ord. passed 4-21-86; Am. Ord. passed 4-20-87; Am. Ord. 02-03, passed 6-3-02)
(A) A license shall be a purely personal privilege good for not to exceed one year after the issuance unless sooner revoked as is in this chapter provided. A license shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, bankruptcy, or insolvency of such licensee. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this division.
(B) Any licensee may renew the license at the expiration thereof, provided he or she is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose.
('72 Code, § 111.012)
(A) The local liquor control commissioner may revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any of the provisions of the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) as now in effect or hereafter amended, or any valid ordinance or resolution enacted by the City Council or any applicable rule or regulations established by the local liquor control commission or the state commission which is not inconsistent with the law. In lieu of suspension or revocation, the local liquor control commissioner may instead levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for each violation; each day on which a violation continues shall constitute a separate violation. Not more than $10,000 in fines under this section may be imposed against any licensee during the period of his or her/its license. Proceeds from such fines shall be paid to a general corporate fund of the municipal treasury.
(B) However, no such license shall be so revoked or suspended and no license shall be fined except after a public hearing by the local liquor control commissioner with a three day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceeding. If the liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he/she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee the opportunity to be heard during that period, except that is such licensee shall also be engaged in the conduct of another business or businesses on the licenses premises such order shall not be applicable to other such business or businesses.
(C) The local liquor control commissioner shall within five days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within five days upon the licensee.
(D) The licensee, after the receipt of an order of suspension or revocation, shall have the privilege within a period of 20 days after the receipt of such order of suspension or revocation of appealing the order to the state commission for a decision sustaining, reversing, or modifying the order of the local liquor control commissioner. If the state commission affirms the local commissioner's order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued, until the local commissioner's order is terminated by its own provisions or reversed upon rehearing or by the courts.
(Ord. 94-22, passed 11-24-94)
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