8-5-23: NOTIFICATION AND APPLICATION OF NEW MANAGERS:

A licensee whose business is conducted by a manager or agent, and who acquires, hires, transfers in, promotes, or appoints a new manager, not listed as a manager in the original application for a local liquor license, shall within five days, including Sundays and holidays, of the date the new manager commences his/her duties, submit a completed "new manager's application" to the local liquor commissioner, which application shall contain no less than the following statements and information:

   A.   The new manager's full name, birth date, address, telephone number, driver's license number, and social security number.

   B.   An affirmation by attachment of the new manager's signature and the licensee's signature that the new manager has not in the past and will not in the future violate any laws of the state or of the United States, or any ordinance of the village, controlling the sale of alcoholic liquor and the conduct of his business.

   C.   The new manager shall further affirm by his signature that he/she has never sold, delivered, or given away any alcoholic liquor in violation of any state law, or village ordinance, to a person under the minimum age required to purchase or possess alcoholic liquor.

   D.   The new manager shall further affirm by his signature that he/she has never been convicted of a felony or class A misdemeanor and is not disqualified to receive a local liquor license by reason of any manner or thing contained in the laws of the state or provisions of this chapter.

   E.   Arrange for fingerprinting with the village police department of the new manager and provide a money order or cashier's check in the amount of fifty dollars made payable to the village at the time of fingerprinting.

   F.   Provide the village police department with the new manager's current home address and his addresses for the ten year period prior to his new manager's application, with clear indication of the specific number of years a manager resided at each address.

   G.   Inform the village police department whether the new manager has ever been known at any time by any other name or names. If the new manager has been known by another name or names, a list of such names shall be submitted to the village police department.

Within fifteen days of his receipt of the new manager's application, the village administrator shall rule whether the new manager is qualified to manage the licensee's operation with respect to the sale of alcoholic liquor. Upon disapproval of any new manager for failure to comply with any of the requirements of this provision, the licensee shall, immediately upon written notification by the village administrator, terminate the new manager's duties with respect to the sale of alcoholic liquors. If the licensee immediately relieves the new manager of his/her duties pursuant to the order of the village administrator and is able to provide for continued management of the licensed premises by any person previously qualified to manage the licensed premises by reason of a prior application, the licensee may continue to sell alcoholic liquor.

If, however, the licensee is unable to provide another person previously qualified to manage the licensed premises pursuant to a prior application, the licensee shall terminate the sale of alcoholic liquor until such times as the village administrator approves a subsequent application for a new manager complying with all the requirements of this section. This section shall in no way be interpreted to preclude the local liquor commissioner from proceeding to hearing for violations of any sections of this chapter, including this section, and the licensee shall further be subject to any and all other penalties that may be imposed pursuant to section 8-5-26 of this chapter as a result of the licensee's failure to comply with this section. (Ord. 3428, 5-14-2012)

8-5-24: HOURS OF BUSINESS AND OUTDOOR CONSUMPTION:

   A.   Hours Of Business: Unless otherwise provided in this chapter, the sale of alcoholic liquor by licensees of a class 1, 2, or 3 local liquor license, and consumption of beer and/or wine on a class 6 licensee's premises, shall be permitted during the hours of eleven o'clock A.M. and twelve o'clock midnight Monday through Saturday and twelve o'clock noon and eleven o'clock P.M. on Sunday. All patrons and customers of classes 1 and 2 local liquor licenses shall leave the premises not later than twenty minutes following the closing hours recited herein.

The sale of alcoholic liquor by a licensee of a class 4, 4A, or 4B local liquor license shall be permitted beginning at the time the licensee opens for business through ten o'clock P.M.

No licensee under this chapter shall sell or permit to be sold or given away any alcoholic liquor during a time period other than as recited in this chapter.

   B.   Outdoor Consumption: It shall be unlawful for a licensee, other than a licensee holding a class 1, 2, 3, 5, or 6 local liquor license, to serve, sell or otherwise dispense alcoholic liquor at an outdoor location on the licensee's premises. It shall be unlawful for a licensee holding a class 1, 2, or 3 local liquor license to serve, sell or otherwise dispense alcoholic liquor to any person in an outdoor location on the licensee's premises unless that person ordered and received food prepared by the licensee. Licensees permitted to serve, sell or otherwise dispense alcoholic liquor by this subsection may only serve, sell or otherwise dispense alcoholic liquor in an outdoor location on the licensee's premises during the hours of eleven o'clock A.M. (twelve o'clock noon on Sundays) through ten o'clock P.M. Sunday through Thursday and during the hours of eleven o'clock A.M. through eleven o'clock P.M. Friday through Saturday. (Ord. 3428, 5-14-2012)

8-5-25: PROHIBITED ACTIVITIES ON LICENSED PREMISES:

   A.   Gambling: It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor.

   B.   Discount, Promotion, Gift: It shall be a violation of this chapter for any licensee, officer, employee, agent or representative of any licensee to knowingly offer any discount, promotion, gift, service or other product to any employee or elected official of the village. This section shall not include any promotion, discount, gift, service or product provided without discrimination to the general public.

   C.   Alcohol Without Liquid Machines: It shall be unlawful to bring into the village for use or sale any alcohol without liquid machine. For the purposes of this subsection, "alcohol without liquid machine" means a device designed or marketed for the purposes of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.

   D.   Alcopops: It shall be unlawful to sell for consumption an alcohol malt beverage containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5 percent or more of alcohol by volume, unless individual containers of the beverage have imprinted on each individual container the following: the words "contains alcohol" and the alcohol content of the beverage.

   E.   Happy Hours Prohibited: No licensee or employee or agent of such licensee shall:

      1.   Serve two or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except conducting product sampling pursuant to subsection 8-5-11D or E of this chapter, or selling or delivering wine by the bottle or carafe; or

      2.   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; or

      3.   Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in this subsection E; or

      4.   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; or

      5.   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

      6.   Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under this subsection E.

      7.   Nothing in this subsection E shall be construed to prohibit a licensee from:

         a.   Offering free food or entertainment at any time; or

         b.   Including drinks of alcoholic liquor as part of a meal package; or

         c.   Including drinks of alcoholic liquor as part of a hotel package; or

         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; or

         e.   Providing room service to persons renting rooms at a hotel; or

         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, or selling bottles of spirits, and delivered to two 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.

   F.   Sale Of Unmixed Spirits For On Premises Consumption: No unmixed spirits shall be sold or offered for sale at retail for consumption on the premises, except in a container having a minimum capacity of no less than one fluid ounce and which contains at the time of sale no less than one fluid ounce of the beverage being sold.

   G.   Equal Enjoyment: No licensee shall deny or permit its agents or employees to deny any person the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold subject only to the conditions and limitations established by law and applicable alike to all citizens.

   H.   Sealing And Removal Of Open Wine Bottles From A Restaurant: Notwithstanding any other provision of this chapter, a restaurant with a local liquor license 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 chapter shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent onetime use tamperproof bag. The licensee or agent of the licensee 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 and transported in accordance with the restrictions of subsections (a) and (b) of section 11-502 of the Illinois vehicle code shall not be deemed to violate section 11-502 of the Illinois vehicle code, as set forth in section 6-33 of the state liquor control act.

   I.   No Sale Or Consumption Of Cannabis: No licensee shall sell cannabis at a licensed premises. The consumption of cannabis at a licensed premises is prohibited. No licensee shall permit the consumption of cannabis at a licensed premises. (Ord. 3428, 5-14-2012; amd. Ord. 3789, 12-9-2019)

8-5-26: FINE, SUSPENSION, REVOCATION, AND NONRENEWAL OF LOCAL LIQUOR LICENSE GENERALLY; APPEAL:

   A.   Revocation, Suspension, And/Or Denial: The local liquor commissioner may, in accordance with the state liquor control act, revoke, suspend, or deny the renewal of any local liquor license issued under the provisions of this chapter and/or levy a fine on the licensee if it is determined that the licensee has violated any of the provisions of the state liquor control act, this chapter, or any other ordinance or resolution enacted by the village, or any applicable rules or regulations established by the local liquor commissioner or the Illinois liquor control commission, or any state or federal statute. However, no such license shall be revoked, suspended, or denied renewal, nor may a fine be levied except after a public hearing by the local liquor commissioner upon a three day written notice to the licensee affording the licensee an opportunity to appear and defend the charges contained in such notice. The three day notice provisions shall begin the day following delivery of notice to the licensee if delivered in person, or two days after such notice was deposited in the U.S. mail, it being conclusively presumed that such licensee shall have received such notice within two days after deposit in the U.S. mail.

   B.   Emergency Authority: If the local liquor commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the local liquor commissioner 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 an opportunity to be heard during that period. If the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other businesses.

The local liquor commissioner shall, within five days after such hearing, if it is determined after such hearing that the local liquor license should be revoked, suspended, or denied renewal, or that the licensee should be fined, state the reason for such determination in a written order, including in such order the amount of the fine, period of suspension, or that the license has been revoked or denied renewal, and shall serve a copy of such order within the five days upon the licensee by depositing the copy of such order in the U.S. mail.

   C.   Appeal: Appeal of any decision of the local liquor commissioner shall be permitted to the extent, and shall be conducted in the manner, provided for in section 7-9 of the state liquor control act. Appeal of any decision of the local liquor commissioner regarding the nonrenewal of a license shall only be allowed if required by law, otherwise such decision of the local liquor commissioner shall be final and nonreviewable. Any licensee determined by the local liquor commissioner to have violated any of the provisions of the state liquor control act, or any ordinance or resolution of the village, or any rule or regulation established by the local liquor commissioner, or the Illinois liquor control commission, shall pay to the village the costs of the hearing before the local liquor commissioner on such violation. The local liquor commissioner shall determine the cost incurred by the village for the hearings, including, but not limited to: court reporter fees, the costs of transcripts or records, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the village.

The licensee shall pay said costs to the village within thirty days of notification of the costs by the local liquor commissioner. In the event of an appeal to the Illinois liquor control commission, and in cases where appeal is taken pursuant to the administrative review act, payment is due ten days after the entry of an order finally affirming the determination of the local liquor commissioner. Failure to pay said costs within ten days of notification is a violation of this section and may be cause for local liquor license suspension or revocation. In the event a local liquor license is revoked, the licensee shall forfeit all sums therefor paid to the village in connection with such local liquor license. (Ord. 3428, 5-14-2012)

8-5-27: AFTER REVOCATION OF LOCAL LIQUOR LICENSE:

When any license shall have been revoked for any cause, no license shall be granted to the individual, partnership, corporation, or limited liability company that held the license or was included on the application or manager's list for the revoked license, for the period of one year thereafter unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only. (Ord. 3428, 5-14-2012)

8-5-28: VIOLATION OF RETAILERS' OCCUPATION TAX ACT:

In addition to other grounds specified in this chapter, the local liquor commissioner may refuse the issuance or renewal of a local liquor license, or suspend or revoke such license, for violations of section 3 of the retailers' occupation tax act, as amended, 35 Illinois Compiled Statutes 120/3. Violations of this section shall be subject to the procedures of section 8-5-26 of this chapter. (Ord. 3428, 5-14-2012)

8-5-29: SIGNS:

   A.   No sign which is visible from outside of the premises where alcoholic liquor is sold, which promotes or advertises the sale of alcoholic liquor, or identifies the licensee's premises as a place where alcoholic liquor is served, shall be placed or erected inside or outside of the licensed premises.

   B.   Every licensee shall cause a sign with the message "Government Warning: According To The Surgeon General, Women Should Not Drink Alcoholic Beverages During Pregnancy Because Of The Risk Of Birth Defects. If You Need Assistance For Substance Abuse, Please Call The Office Of Alcoholism And Substance Abuse (OASA) At 1-800-843-6154." to be framed and hung in plain view. The sign shall be no larger than eight and one-half inches by eleven inches.

   C.   Every licensee shall cause his/her license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises. (Ord. 3428, 5-14-2012)