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Quincy, IL Code of Ordinances
QUINCY, ILLINOIS CODE OF ORDINANCES
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ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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ALCOHOLIC LIQUOR
§ 111.095 TRANSPORTATION OR POSSESSION OF ALCOHOLIC LIQUOR IN A MOTOR VEHICLE.
   (A)   Except as provided in division (C) below, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle except in the original container and with the seal unbroken.
   (B)   Except as provided in division (C) below, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle except in the original container and with the seal unbroken.
   (C)   This section shall not apply to the passenger on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in § 1-145.01 of the Illinois Vehicle Code, being ILCS Ch. 625, Act 5. However, the driver of any vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver’s area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of the driver’s failure to obey this section.
   (D)   The exemption applicable to chartered buses under division (C) above does not apply to any chartered bus being used for school purposes.
(1980 Code, § 18.016) Penalty, see § 111.999
§ 111.096 CONSUMPTION AND POSSESSION OF ALCOHOLIC LIQUOR OR BEVERAGE ON PUBLIC STREETS, ALLEYS AND SIDEWALKS AND LOTS.
   (A)   Consumption and possession unlawful. It shall be unlawful for any person to either consume or drink any alcoholic liquor or beverage, or, alternatively, possess any alcoholic liquor or beverage not in its unopened or uncapped package, while upon any public street, public alley, public sidewalk or public parking lot within the corporate limits of the city.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PACKAGE.
         (a)   Any bottle, flask, jug, can, cup, cask, barrel, keg, hogshead other receptacle or container whatsoever used to contain and to convey any alcoholic liquor or beverage.
         (b)   A PACKAGE shall be considered unopened or uncapped if:
            1.   Corked or capped, sealed and labeled by the manufacturer of the alcoholic liquor or beverage; or
            2.   The seal or other method of closure is broken, but is resealed, recapped or closed preventing its consumption without again breaking the seal or otherwise opening the package.
         (c)   A cup or glass designed for drinking beverages shall not be considered unopened or uncapped irrespective of the purported method of resealing, recapping or closure.
      PUBLIC ALLEY. A public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation.
      PUBLIC PARKING LOT. Any place available to the general public or the customers of a place, establishment or business open to the general public, whether or not publicly owned, used for the standing of a vehicle, whether occupied or not.
      PUBLIC SIDEWALK. The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians, and also including any grassways or other areas between that portion of a street actually improved, designed and used for vehicular traffic and the adjacent property lines not subject to a right-of-way
      PUBLIC STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
   (C)   Exception. This section shall not apply to real estate owned, operated and controlled by the Quincy Park District. This section shall not apply in or on any public street, public alley, public sidewalk or public parking lot when a permit has been issued by the Mayor and city authorizing the drinking, consumption or possession of alcoholic liquor or beverages on the same. The permit shall be limited to the duration prescribed in the permit and shall apply only to those public streets, public alleys, public sidewalks or public parking lots, or portions thereof, specifically described in the permit. Applications for the permit shall be made to the City Clerk and referred to the Mayor and City Council. No permits shall be issued except with the approval of both the Mayor and City Council.
   (D)   Permitting open liquor to leave licensed premises.
      (1)   It shall be unlawful for any licensee or his or her agents to leave or allow another to leave the licensed premises while in possession of an open container of an alcoholic beverage.
      (2)   The licensee shall post a sign at each exit. This sign shall not be less than eight inches by ten inches and shall be bold and easily read letters. The sign shall read as follows:
   NO PERSON SHALL LEAVE THIS ESTABLISHMENT WITH AN UNSEALED CONTAINER CONTAINING AN ALCOHOLIC BEVERAGE. PERSONS DOING SO ARE SUBJECT TO ARREST.
(1980 Code, § 18.039) Penalty, see § 111.999
§ 111.097 KEG AND PERMIT STICKERS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      KEG. A beer keg or similar cask or barrel designed and used for storage and dispensing of beer.
      LICENSEE. A person, firm or entity issued a retail liquor dealer’s license under this chapter.
      LIQUOR CONTROL COMMISSIONER. The Mayor of the city.
   (B)   Permit sticker required.
      (1)   Generally. Except as otherwise provided herein, it shall be unlawful for any person who is not a licensee to possess, lease, purchase or attempt to possess, lease or purchase a keg within the city without having first obtained a permit and permit sticker as set forth herein. It shall be unlawful for any person to possess a keg within the city which does not have a permit sticker affixed thereto.
      (2)   Exception. No permit or sticker under this section shall be required for a keg utilized in a licensed premise for licensed sales of alcoholic liquor, or for a keg utilized for the sale of alcoholic liquor pursuant to any licensed permit issued under this chapter of the municipal code.
   (C)   Issuance of permit stickers; license; records.
      (1)   No licensee shall sell, lease or transfer possession of any keg for which a permit sticker is required (as provided above) unless the license has first obtained a Class E (keg lease/sales) license. It shall be unlawful for any licensee or licensee’s agent or employee to sell, lease or transfer possession of a keg to any person who does not first obtain from the licensee, a permit and permit sticker issued by the city, subject to the restrictions and limitations provided herein. The licensee or licensee’s agent or employee shall cause the permit sticker to be affixed to the keg in a conspicuous place before allowing the keg to be removed from the premises. A duplicate sticker shall be affixed by the licensee to the permit application form (described below). The licensee shall maintain a record of all permits obtained for the purchase, lease or possession of kegs for a period of 12 months. The application form (with attached duplicate sticker) shall be mailed or delivered to the City Police Department within 14 days of the sale, lease or delivery of the keg. The records maintained by the licensee shall, in addition, be presented for inspection by the Liquor Control Commissioner upon request.
      (2)   Any person of lawful age may obtain a keg permit and permit sticker subject to the limitations, exceptions and fees set forth herein.
         (a)   The permit shall be issued for each keg without charge.
         (b)   Any person desiring to obtain a keg permit shall complete an application form provided by the city setting forth the applicant’s full name, address and telephone number; the address and date(s) where the applicant will be possessing the keg; the name and telephone number of the owner or lessor of that address; and the application shall contain a statement and verification that the person is eligible to obtain a permit sticker within the meaning and restrictions of division (C)(2)(c) below. In addition, the applicant must provide proof of identify and age in the form of a valid driver’s license or other picture identification. Falsifying any information on the permit application shall constitute a violation of this section.
         (c)   No person shall obtain or be issued a keg permit sticker if that person has been adjudicated in violation of any provision of this chapter of the municipal code or any provision of ILCS Ch. 235, Act 5 within the previous 365 days. No licensee shall be liable under this section, unless the licensee knowingly issues a permit sticker to a person so adjudicated.
   (D)   Sale prohibited. No person issued a permit sticker under these provisions may sell or exchange for consideration of whatever kind or description, alcoholic liquor, directly, or indirectly, including, but not limited to, by means of an admission charge, cup fee or any other device.
   (E)   Time period. No permit sticker shall be valid for a period exceeding the lesser of the period of any lease of any keg or 30 days from the date of issuance by the licensee.
   (F)   Removal. No person, other than a licensee, shall remove, alter, change, deface or obliterate, in any manner a permit sticker affixed to a keg.
(1980 Code, § 18.040) Penalty, see § 111.999
CONSUMPTION OF ALCOHOLIC LIQUOR ON UNLICENSED PREMISES
§ 111.110 CONSUMPTION OF ALCOHOLIC LIQUORS ON UNLICENSED PREMISES.
   No owner, proprietor, associate, member or officer, agent or employee thereof, of any establishment inviting or permitting public patronage, or use by any member and guests, shall in the ordinary course of operation permit the consumption or possession of, and no person shall consume or possess alcoholic liquors on the premises, and no person shall permit alcoholic liquor to be brought into or bring into a public place or club except those specifically licensed for possession, consumption or sale of alcoholic liquor on the premises.
(1980 Code, § 18.100) Penalty, see § 111.999
§ 111.111 NON-ALCOHOLIC BEVERAGE.
   No person shall provide nor sell at retail for consumption on the premises any non-alcoholic beverages or ice, knowing same to be intended to be mixed with or consumed with any alcoholic liquor.
(1980 Code, § 18.101) Penalty, see § 111.999
§ 111.112 RESTRICTION ON LICENSES.
   Licenses shall be subject to the same restrictions as those persons or entities requiring a license to sell alcoholic beverages at retail.
(1980 Code, § 18.102) Penalty, see § 111.999
§ 111.113 FEES; CONSUMPTION OF ALCOHOLIC LIQUOR ON UNLICENSED PREMISES.
   There shall be only one classification of license and the semi-annual license fee shall be $700. All licenses will be signed by the Mayor and City Clerk. The semi-annual license period, under this section, shall commence on January 1 and July 1 in each year. All fees must be paid in advance of the first day of each licensing period. In appropriate situations the Mayor may prorate the fee.
(1980 Code, § 18.103) Penalty, see § 111.999
§ 111.114 LOCATION.
   Licensees shall be subject to the same location requirements as those persons or entities requiring a license to sell alcoholic beverages at retail.
(1980 Code, § 18.104) Penalty, see § 111.999
§ 111.115 (RESERVED).
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