A. Transfer Of License: A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this chapter provided; and 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 cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution; provided, that executors or administrators of the estate of any deceased licensee, and the trustees 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 the 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 (6) months after the death, bankruptcy or insolvency of such licensee.
A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
B. Renewal Of License: Any licensee may renew his license at the expiration thereof; provided, he is then qualified to receive a license and the premises for which such renewal license is sought are and remain suitable for such purpose; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the city council from decreasing the number of licenses to be issued within its jurisdiction.
C. Special Conditions: In addition to all other conditions which licensees must meet under provisions of the Illinois Compiled Statutes and of this chapter, the local liquor control commissioner may impose such special conditions as he deems necessary and reasonable to promote the safety and welfare of the public and to ensure compliance with local and state laws. Such conditions may include, but are not limited to, designation of specific areas of the premises for the sale, service and the consumption of alcoholic beverages, restriction of the type or form of such beverages, and designation of physical, administrative or procedural security measures to prevent unauthorized access to facilities for storing and dispensing of such beverages and to prevent other activities prohibited by this chapter.
D. Displaying License: Every licensee shall cause his license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
E. Sales On Credit: No person shall sell or furnish alcoholic liquor at retail to any person on credit or on a passbook, or order on a store, or in exchange for any goods, wares or merchandise, or in payment for any services rendered; and if any person shall extend credit for such purpose, the debt thereby attempted to be created shall not be recoverable at law; provided, that nothing herein contained shall be construed to prevent any club from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of said club; and provided further, that nothing herein contained shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by regular guests residing at said hotel and charged to the accounts of said guests; and provided further, that nothing herein shall be construed to prevent payment by credit card or other credit device for the purchase of liquor in the original package or container for consumption off the premises.
F. Refilling Original Packages: No licensee or officer, associate, member or representative of such licensee shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor for purposes of sale at retail, and it shall be unlawful for any person to have in possession for sale at retail any bottles, casks, or other containers containing alcoholic liquor, except in original packages.
G. Minimum Size Of Container For Unmixed Whiskey, Gin Or Rum: No unmixed whiskey, gin or unmixed rum shall be sold or offered for sale or at retail for consumption on the premises, except in a container having a minimum capacity of at least one fluid ounce and which contains at the time of sale at least one fluid ounce of the of the beverage being sold.
H. Happy Hours Prohibited:
1. All retail licenses shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multiuse establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multiuse establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.
2. No retail licensee or employee or agent of such licensee shall:
a. Serve two (2) or more drinks of alcoholic liquor at one time to one person for consumption by that person, except selling or delivering wine by the bottle or carafe;
b. Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public;
c. Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;
d. Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or
e. Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections H2b through H2e of this section.
3. Nothing in subsection H2 of this section shall be construed to prohibit a licensee from:
a. Offering free food or entertainment at any time;
b. Including drinks of alcoholic liquor as part of a meal package;
c. Including drinks of alcoholic liquor as part of a hotel package;
d. Negotiating drinks of alcoholic liquor as part of a contract between a hotel or multiuse establishment and another group for the holding of any function, meeting, convention or trade show;
e. Providing room service to persons renting rooms at a hotel;
f. Selling pitchers (or the equivalent, including, but not limited to, buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two (2) or more persons at one time; or
g. Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled.
I. Books And Records: It shall be the duty of every retail licensee to make books and records available upon reasonable notice for the purpose of investigation and control by the local liquor control commissioner. Such books and records need not be maintained on the licensed premises, but it must be maintained in the state.
J. Duty To Report Certain Illicit Activity: All licensees and their agents and employees shall have the affirmative duty to report the following activity at the licensed premises to the Prospect Heights police: fights, violence, transaction and use of illegal substances and drug paraphernalia, gang activity, prostitution, the presence of firearms or the unlawful use thereof, or any activity which results in a breach of the peace.
K. Duty To Cooperate With Law Enforcement Personnel: All licensees and their agents and employees shall have the affirmative duty to cooperate with law enforcement personnel in their investigation of crime and enforcement of state law and Prospect Heights ordinances. (Ord. 0-95-44, 10-16-1995; amd. Ord. 0-05-05, 3-21-2005, eff. 4-22-2005; Ord. O-18-04, 2-12-2018)