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§ 111.23 BANQUET HALL LICENSES.
   A Class BA “banquet hall” license shall authorize the service or sale of alcoholic liquor at retail, to be sold and served by the drink or pitcher only, although beer may be sold by the keg, and wine may be sold by the bottle, so long as beer and wine are served by the drink or by the pitcher, for consumption on the premises only, in the course of banquet hall business. In the course of this business, the licensee is responsible for control of patrons in the business premises, and at no time may patrons be allowed to act as bartenders or otherwise dispense liquor. At all times that the premises are used for the sale of alcoholic liquor, the licensee or a manager acting for the licensee must be on the premises. Alcoholic liquor may be sold and served only during such times and in such areas within the facility as are evidenced by a written rental agreement, which agreement shall be available for inspection by the Liquor Commissioner or his or her agents during each event and for six months thereafter. The annual fee for the license shall be $250 payable in two installments, $125 on April 30 of each year and $125 on October 30 of each year. The number of banquet hall licenses shall be two.
(Prior Code, § 110.010A) (Ord. 2009-016, passed 6-1-2009; Ord. 13-017, passed 8-19-2013)
§ 111.24 PERMANENT OUTDOOR TAVERN AREA PERMIT.
   (A)   On application and payment of an investigation and processing fee of $100 in addition to the license fees set forth herein, the holder of a Class B, C, E, EE and F license may be issued a permanent outdoor tavern area permit.
   (B)   A permanent outdoor tavern area permit shall, upon issuance, entitle the licensee to allow outside alcoholic liquor consumption as authorized by his or her primary classification, outside of the permanent structure of his or her premises, under the following conditions.
      (1)   A permanent fence, not less than six feet in height, made of wood or other similar material, shall be erected by the licensee. Design and material must be approved by the Liquor Commissioner in accordance with standards approved from time to time by the Village Board. The fence shall be designed in such a manner so as to separate the licensee’s patrons from the general public, and shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property. All applicable fence permits must be obtained and fees paid prior to erecting the fence.
      (2)   (a)   Access into the outdoor tavern area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property. Emergency exits as approved by the Liquor Commissioner shall be provided.
         (b)   Access into the outdoor tavern area may also be granted through the emergency exit, so long as the emergency exit is staffed at all times by an employee of the licensee who is checking identification cards and ensuring that no alcoholic beverages are brought into or taken out of the outdoor tavern area.
      (3)   No music of any kind may be played or broadcast from the outdoor tavern area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
      (4)   No sales or dispensing of alcoholic liquor may be made from the outside tavern area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outdoor café or permanent structure.
      (5)   Proof of dram shop insurance coverage on the outdoor tavern area must be submitted with the completed application.
      (6)   Adequate security must be provided by the licensee.
      (7)   Outside tavern area activities may only be conducted during normal business hours of the establishment.
      (8)   There shall be no sales of alcoholic liquors within the permanent outside tavern area. All sales shall occur within the licensed premises and alcoholic liquor shall be carried by the customers to the outside tavern area.
      (9)   The permanent outside tavern area may include an outside smoking shelter erected and maintained in accordance with the Smoke Free Illinois Act, 30 ILCS 805/8.31 et seq., and any regulations of the state promulgated in accordance therewith, as presently in force or as hereinafter amended. Compliance with such act and regulations is a condition of issuance and renewal of the permit.
      (10)   The annual fee for an outdoor sales permit shall be $25, with a $15 annual renewal/inspection fee.
      (11)   The licensee shall be subject to all other regulations governing the class of license held by the licensee, including, but not limited to, regulations governing hours and the sale of food, except as specifically amended herein.
   (C)   The initial permanent outside tavern area permit shall expire upon the expiration of the license that is current as of the date of issuance of the initial permit. Thereafter, the permanent outside tavern area permit may be renewed and shall expire annually along with the expiration and renewal of the license. The annual fee for the permit shall be $100, to be paid by the licensee along with the license fee.
   (D)   Each licensed premises shall be limited to one outdoor tavern area permit for one outdoor tavern area.
(Prior Code, § 110.010B) (Ord. 2007-038, passed 12-3-2007; Ord. 2008-016, passed 5-19-2008; Ord. 2008-038, passed 11-3-2008)
§ 111.25 OUTDOOR SALES AND CONSUMPTION PROHIBITED.
   Except pursuant to a temporary outdoor permit issued pursuant to § 111.23 of this chapter or a permanent outdoor permit issued pursuant to § 111.24 of this chapter, no Class C, E, EE and F licensee may sell or allow the consumption of alcoholic liquor as authorized by the license classification, outside of the permanent structure and on the property where the licensee’s permanent structure is located.
(Prior Code, § 110.010C) (Ord. 2008-016, passed 5-19-2008)
§ 111.26 CLASSIFICATION AND FEES.
   There shall be the following numbers and classes of licenses with an annual license fee as indicated.
   (A)   Class A licenses shall authorize the sale at retail, on the premises specified and during the time specified therein (an "event"), of beer and wine only by an exempt, charitable, not-for-profit club or association organized for the benefit of the public only. The fees for such license shall be $10 per day. Such club or association may subcontract the beer and wine sales for such an event to a person, firm or corporation who or which holds a Class B, C, E, EE or F license from the village, or an equivalent license issued by Sangamon County or a municipality located within Sangamon County, and for purposes of such event, the location restrictions for such licenses shall not apply. Such subcontracting of the beer or wine sales operation shall, however, be subject to the following conditions.
      (1)   The Class A licensee shall be listed as an additional insured on the subcontracted licensee's dram shop insurance policy.
      (2)   If the event is held on village-owned property, the village shall be named as an additional insured on the subcontracted licensee's dram shop insurance policy.
      (3)   The Class A licensee must enter into an agreement with the subcontracted licensee; providing that, the Class A licensee's share of the proceeds of beer and wine sales at the event shall be 50% or more.
      (4)   If the subcontracted licensee is not a licensee of the village, the Class A licensee shall submit, as part of its application for a Class A license, a current copy of the subcontracted licensee's local liquor license and the relevant section of the licensing authority's liquor ordinance showing that the subcontracting licensee has a license equivalent to a Class B, C, E, EE or F license from the village.
   (B)   Class B licenses shall authorize the sale at retail, on the premises specified and during the time specified therein, of beer only to members only of a private club or fraternal association that keeps up to date records of its membership, which records are open to inspection by the officers of the village, including duly appointed police officers. The fee for such license shall be $50 semi-annually.
   (C)   Class C licenses shall authorize the sale on the premises specified of alcoholic liquor either for consumption on the premises, or in the original package for consumption off premises; no alcoholic liquor purchased in the original package shall be opened and consumed on premises. The annual fee for such license shall be $500. The annual fee shall be payable in two installments, namely $250 on June 30 of each year and $250 on December 30 of each year.
   (D)   Class D licenses shall authorize the sale on the premises specified of alcoholic liquor in the original package only for consumption off the premises; provided that, no such original package containing less than one-half pint shall be permitted to be sold. The annual fee for such license shall be $400. The annual fee shall be payable in two installments, namely, $200 on June 30 of each year and $200 on December 30 of each year.
   (E)   Class E licenses shall authorize the licensee, which must be a club, to sell at retail, alcoholic liquor only for consumption on the premises where sold. The annual fee for such license shall be $250. The annual fee shall be payable in two installments, namely, $125 on June 30 of each year and $125 on December 30 of each year.
   (F)   Class EE licenses shall authorize the licensee, which must be a club, to sell at retail, beer only for consumption on the premises where sold. The annual fee for such license shall be $200. The annual fee shall be payable in two installments, namely, $100 on June 30 of each year and $100 on December 30 of each year.
   (G)   Class F licenses shall authorize the sale for consumption on the premises specified of alcoholic liquor at restaurants. The annual fee for such license shall be $500. The annual fee shall be payable in two installments, namely, $250 on June 30 of each year and $250 on December 30 of each year.
   (H)   Class G licenses shall authorize the sale on the premises of either a licensed truck stop establishment or a licensed large truck stop establishment (as defined in § 118.45) of alcoholic liquor either for consumption on the premises, or in the original package for consumption off premises; no alcoholic liquor purchased in the original package shall be opened and consumed on premises. The annual fee for such license shall be $500. The annual fee shall be payable in two installments, namely $250 on June 30 of each year and $250 on December 30 of each year.
   (I)   The number of licenses issued by the village shall be as follows:
      (1)   There may be one Class A license outstanding at any time;
      (2)   There may be no Class B licenses;
      (3)   There may be no Class BA licenses;
      (4)   There may be five Class C licenses;
      (5)   There may be one Class D license;
      (6)   There may be one Class E license;
      (7)   There may be no Class EE licenses;
      (8)   There may be no Class F licenses; and
      (9)   There may be one Class G license.
(Prior Code, § 110.011) (Ord. 93-014, passed 5-24-1993; Ord. 94-020, passed 6-14-1994; Ord. 94-028, passed 10-3-1994; Ord. 96-004, passed 2-5-1996; Ord. 97-009, passed 5-5-1997; Ord. 98-046, passed 10-19-1998; Ord. 03-010, passed 5-5-2003; Ord. 03-014, passed 6-2-2003; Ord. 2004-006, passed 3-15-2004; Ord. 2005-026, passed 10-17-2005; Ord. 2009-016, passed 6-1-2009; Ord. 14-019, passed 9-2-2014; Ord. 15-011, passed 4-6-2015; Ord. 16-006, passed 4-18-2016; Ord. 22-008, passed 4-18-2022; Ord. 22-17, passed 8-29-2022)
§ 111.27 TEMPORARY PERMIT FOR OUTSIDE SALES.
   On application and payment of the license fee as set forth herein, the holder of a Class C, E, EE and F license may be issued a temporary permit to sell alcoholic liquor as authorized by the license classification, outside of the permanent structure and on the property where the licensee’s permanent structure is located, under the following conditions.
   (A)   A temporary fence, not less than four feet in height, made of wood, plastic snow fence or other similar material shall be erected. The fencing shall be designed and positioned so as to separate the licensee’s patrons from the general public.
   (B)   Access into the outside area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property. Emergency exits as approved by the Village Building Inspector shall be provided.
   (C)   No music of any kind may be played or broadcast from the outside area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
   (D)   Outdoor portable sanitary facilities must be provided by the licensee as required.
   (E)   No sales or dispensing of alcoholic liquor may be made from the outside area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outside area or permanent structure.
   (F)   Proof of dram shop insurance coverage on the outside area must be submitted with the completed application.
   (G)   Adequate security must be provided by the licensee.
   (H)   Outside area activities may not begin prior to 10:00 a.m. and will cease at the normal closing time for the licensee, or 12:00 midnight, whichever is earlier.
   (I)   An outside sales permit may be issued for a maximum of two consecutive days. Not more than two permits may be issued to a licensee during a calendar year.
   (J)   The fee for a temporary outside sales permit shall be $50 for each day for which the permit is to be used. Issuance of an outside sales permit to a licensee shall be treated separately from the licensee’s primary license and shall be subject to suspension or revocation by the Commissioner for just cause.
   (K)   Within the permitted area, the licensee shall be subject to all other regulations governing the class of license held by the licensee, including, but not limited to, regulations governing the sale of food, except as specifically amended herein.
(Prior Code, § 110.011A) (Ord. 2007-017, passed 5-21-2007; Ord. 2008-016, passed 5-19-2008; Ord. 20-025, passed 12-21-2020)
§ 111.28 LICENSE APPLICATIONS AND TERMINATIONS; FEES.
   (A)   The first and initial license fee for new licenses applied for between May 1 and October 31 shall be in an amount equal to the annual fee described in § 111.26 of this chapter, plus a non-refundable fee of $50 per person, not to exceed $200 per applicant, to defray the costs of investigation of the applicant pursuant to § 111.17 of this chapter, payable in one installment.
   (B)   The first and initial license fee for new licenses applied for between November 1 and April 30 shall be in an amount equal to one-half the annual fee, plus the non-refundable fee of $50 per person, not to exceed $200 per applicant, to defray the costs of investigation of the applicant pursuant to § 111.17 of this chapter, payable in one installment.
(Prior Code, § 110.012) (Ord. 93-014, passed 5-24-1993; Ord. 2008-016, passed 5-19-2008)
§ 111.29 INCOMPLETE APPLICATIONS.
   (A)   Applications for liquor licenses which are incomplete or fail to contain the statements of information required by § 111.16 of this chapter shall be rejected by the Liquor Commissioner. The Commissioner shall issue a written rejection of such application setting forth the deficiencies in the application within 60 days of its receipt by the Liquor Commissioner or by the Village Clerk. Prior to such rejection, the applicant may submit the additional information or statements required to complete such application in accordance with § 111.16 of this chapter.
   (B)   Administrative or legal expenses incurred in reviewing incomplete liquor license applications, advising the applicant of such deficiencies, and rejecting such applications shall be paid by the applicant. A bill or invoice shall be submitted to the applicant specifying the additional administrative or legal expenses incurred in processing the applicant’s incomplete liquor license application, which shall be paid by the applicant together with the annual license fee prior to the issuance of such liquor license.
(Prior Code, § 110.013) (Ord. 93-014, passed 5-24-1993)
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