Section
General Provisions
111.01 Definitions
111.02 Liquor Commissioner
Licenses
111.15 License required
111.16 Application for license
111.17 Disposition of license application
111.18 Restriction on licensees
111.19 Record of licenses
111.20 Insurance requirements
111.21 Term of license; renewals
111.22 Transfer of license
111.23 Banquet hall licenses
111.24 Permanent outdoor tavern area permit
111.25 Outdoor sales and consumption prohibited
111.26 Classification and fees
111.27 Temporary permit for outside sales
111.28 License applications and terminations; fees
111.29 Incomplete applications
111.30 Disposition of fees
Conditions and Regulations
111.45 Conditions of license
111.46 Location restrictions
111.47 Sanitary conditions
111.48 View from street
111.49 Premises restrictions
111.50 Personnel restrictions
111.51 Prohibited acts and conditions
111.52 Sales to minors, drunkards and the like
111.53 Purchase or acceptance of gift by minors; identification cards
111.54 Violation of Retailers’ Occupation Tax Act; citizen complaints
111.55 Revocation or suspension of local license; fines; notice; hearing; appeal
111.56 Forfeiture of fees
111.57 Use of premises after revocation
111.99 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR. Alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. This chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 0.5% or less of alcohol by volume.
BEER. A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.
CLUB. A corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided that, such CLUB files with the Liquor Commissioner at the time of its application for a license under this chapter two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member his or her name and address; and, provided further that, its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting and that no member or any officer, agent or employee of the CLUB is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the CLUB or the members of the CLUB or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the CLUB.
HOTEL. Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered to adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures, being provided with adequate and sanitary kitchen and dining room equipment and capacity.
LIQUOR COMMISSIONER. The President of the village.
LIQUOR CONTROL ACT. The Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1, as now or hereafter amended.
PERSON. Any natural person or any corporation or partnership or unincorporated association.
RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An applicant for a RESTAURANT license must be able to demonstrate to the reasonable satisfaction of the Liquor Commissioner that at least 50% of the gross revenue of the establishment will derive from sale of food. The holder of a RESTAURANT license must be able to demonstrate, to the reasonable satisfaction of the Liquor Commissioner, at any time upon demand of the Liquor Commissioner and upon renewal of a license, at least 50% of the gross revenue of the establishment has regularly derived from sale of food.
RETAILER. A person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL and SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
SPECIAL EVENT. An event conducted by an educational, fraternal, political, civic, religious or other non-profit organizations.
SPECIAL EVENT RETAILER. An educational, fraternal, civic, religious or non-profit organization which sells or offers for sale, beer or wine or both, only for consumption at the location and on the dates designated by a special event license.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE COMMISSION. The Illinois Liquor Control Commission.
TO SELL. To keep or expose for sale and to keep with intent to sell.
WINE. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
(Prior Code, § 110.001) (Ord. 93-014, passed 5-24-1993; Ord. 2005-026, passed 10-17-2005)
(A) General. The Village President is hereby designated as the Liquor Commissioner and shall be charged with the administration of the Liquor Control Act and of such ordinances and resolutions relating to alcoholic liquor as may be enacted. The President may appoint a person or persons to assist in the exercise of the powers and the performance of the duties provided for in division (B) below.
(B) Powers, duties and functions. The Liquor Commissioner shall have all the powers, functions and duties with respect to local liquor licenses granted by the Liquor Control Act, including:
(1) To grant and/or suspend for not more than 30 days or revoke for cause all local licenses issued to persons or entities for premises within the village and to impose fines as set forth herein;
(2) To enter or to authorize any law enforcement officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the Liquor Control Act or this chapter, or any rules or regulations adopted by the Liquor Commissioner or by the State Commission, have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(3) To receive complaints from any citizen with the village that any of the provisions of the Liquor Control Act or this chapter have been or are being violated, and to act upon such complaints in the manner provided by the Liquor Control Act or this chapter;
(4) To receive local license fees and pay same to the Village Treasurer;
(5) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, of any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the State Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee or respondent; and to hear testimony and take proof for information in the performance of the Liquor Commissioner’s duties; and for such purposes, to issue subpoenas which shall be effective in any part of the state. For the purpose of obtaining any of the information desired by the Liquor Commissioner under this section, the Commissioner may authorize an agent to act on his or her behalf;
(6) To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act or a foreign corporation functioning as a club in the state under a certificate of authority issued under that Act has violated the Liquor Control Act by selling or offering for sale at retail alcoholic liquors without a retailer’s license; and
(7) To revoke and suspend licenses, and levy fines, in accordance with § 111.55 of this chapter.
(Prior Code, § 110.002) (Ord. 93-014, passed 5-24-1993)
LICENSES
It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer’s license, or in violation of the terms of such license.
(Prior Code, § 110.003) (Ord. 93-014, passed 5-24-1993) Penalty, see § 111.99
An applicant for a license shall submit to the Liquor Commissioner or to the Village Clerk (who shall transmit the application to the Liquor Commissioner) an application in writing under oath stating:
(A) The applicant’s name and mailing address;
(B) The name and address of the applicant’s business;
(C) If applicable, the date of the filing of the assumed name of the business with the County Clerk;
(D) In case of a copartnership, the date of the formation of the partnership; in the case of a state corporation, the date of its incorporation; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Business Corporation Act of 1983 to transact business in the state;
(E) The number, the date of issuance and the date of expiration of the applicant’s current state and local retail liquor licenses;
(F) The name and address of the landlord if the premises are leased, with a copy of the lease;
(G) Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has made an application for a liquor license which has been denied and, if so, the reasons therefor;
(H) Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has ever had any previous liquor license suspended or revoked and, if so, the specific reasons thereof;
(I) Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, has ever been convicted of any criminal misdemeanor or felony and, if so, the particulars thereof;
(J) Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, possesses a current federal wagering stamp and, if so, the reasons therefor;
(K) Whether the applicant, or in the case of a corporation, any officer, director, manager or owner of 5% or more of the applicant’s business entity or parent corporations of the applicant’s business, or any other person with an interest in the applicant’s place of business is a public official and, if so, the particulars thereof;
(L) The applicant’s name, sex, date of birth, Social Security number, position and percentage of ownership in the business; and the name, sex, date of birth, Social Security number, position and percentage of ownership in the business of every owner, partner, corporate officer, director, manager and any person who owns 5% or more of the shares of the applicant’s business entity or parent corporations of the applicant business entity;
(M) In addition to any other requirement of this section, an applicant for a special event retailer’s license shall also submit proof of adequate dram shop insurance for the special event prior to being issued a license;
(N) If the application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by at least two members of such partnership or the president and secretary of such corporation or two authorized agents of said partnership or corporation; and
(O) The transaction control number (TCN), issued by an approved LIVESCAN vendor documenting that digital fingerprints have been submitted to appropriate state and federal agencies, when background check is required by ordinance.
(Prior Code, § 110.004) (Ord. 93-014, passed 5-24-1993; Ord. 15-020, passed 7-20-2015)
(A) The Liquor Commissioner shall require a background check on any new applicant for a Class C or F liquor license. When the applicant is a partnership, the background check shall include all partners thereof. When the applicant is a corporation, the background check shall include the officers, manager or director of the corporation and any stockholder or stockholders owning in the aggregate more than 5% of the capital stock of the corporation. When the applicant is a limited liability company, the background check shall include the managers, officers and members owning in the aggregate more than 5% of the membership interest of the limited liability company.
(B) The Liquor Commissioner may, in his or her discretion, require a background check on any new applicant for a liquor license other than Class C or F. When the applicant is a partnership, the background check may include all partners thereof. When the applicant is a corporation or limited liability company, the background check may include the officers, manager or director of the corporation and any stockholders or members owning in the aggregate more than 5% of the capital stock of the corporation. When the applicant is a limited liability company, the background check may include the managers, officers and members owning in the aggregate more than 5% of the membership interest of the limited liability company.
(C) The background check shall include digital fingerprinting and picture completed by an approved LIVESCAN vendor, as listed on Illinois State Police website. The Police Chief will give individuals requiring a background check the ORI code for the Village Liquor Commission. Each individual shall be responsible for scheduling and completing his or her digital fingerprint submission and obtaining the transaction control number (TCN) issued by the approved vendor documenting the submission to state and federal agencies, and shall include the TCN on the liquor license application. Each individual shall be responsible for any charges incurred with respect to the LIVESCAN procedures, and shall pay the approved LIVESCAN vendor directly; in no event shall the village be responsible for LIVESCAN vendor charges. The digital fingerprints shall be submitted to the appropriate state and federal agencies for processing as available.
(E) The Commissioner shall issue a written acceptance or rejection of an applicant within 60 days of its receipt by the Commissioner or Village Clerk; or shall notify an applicant of the reasons for further time being necessary to complete the investigation or processing.
(Prior Code, § 110.005) (Ord. 93-014, passed 5-24-1993; Ord. 2008-016, passed 5-19-2008; Ord. 15-020, passed 7-20-2015)
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