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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)
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)
(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)
(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)
All such fees shall be paid to the Village Treasurer at the time application is made. In the event the license applied for is denied, the fee shall be returned to the applicant, except for the non-refundable fee set forth in § 111.28 of this chapter. If the license is granted, then the fee shall be deposited as set forth above and no portion thereof shall be refunded.
(Prior Code, § 110.014) (Ord. 93-014, passed 5-24-1993)
CONDITIONS AND REGULATIONS
(A) Closing hours.
(1) It shall be unlawful for the holder of a license, regardless of classification, to sell or offer for sale at retail any alcoholic liquor in the village on Monday through Saturday between the hours of 1:00 a.m. and 8:00 a.m.
(2) It shall be unlawful for the holder of a license, regardless of classification, to sell or offer for sale at retail any alcoholic liquor in the village on Sunday between the hours of 1:00 a.m. and 10:00 a.m.
(3) Notwithstanding the foregoing restrictions, the holder of a Class B, C, E, EE or F license may sell or offer for sale those classes of alcoholic liquor permitted by their respective licenses, between the hours of 12:00 a.m. and 3:00 a.m. on January 1 of each year.
(B) Suspension. Violation of this section, or any division thereof, shall be deemed to threaten the welfare of the village and shall be cause for immediate suspension of the licensee’s license. Such revocation and suspension shall be in accordance with the Illinois Compiled Statutes.
(C) Election days. Licensees may sell at retail any alcoholic liquor on the day of any national, state, county or village election, including primary elections, during the hours the polls are open, within the political area in which such election is being held.
(D) Refilling original packages. No person licensed under this chapter 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; and it shall be unlawful for any person to have in his or her possession for sale at retail any bottles, casks or other containers, containing alcoholic liquor, unless in original packages, except vinous beverages and pitchers of beer as permitted elsewhere herein.
(E) Quantity sales for on-premises consumption. It shall be unlawful for any licensee, to sell, give away or permit to be sold, served or given away for consumption on the licensed premises any distilled spirits except by the glass, in individual servings not exceeding three fluid ounces.
(F) Displaying license. Every licensee shall cause the license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
(Prior Code, § 110.015) (Ord. 93-014, passed 5-24-1993; Ord. 94-037, passed 12-19-1994; Ord. 95-011, passed 5-15-1995; Ord. 2000-043, passed 11-20-2000; Ord. 2005-026, passed 10-17-2005; Ord. 2007-036, passed 12-3-2007; Ord. 2008-016, passed 5-19-2008; Ord. 2008-038, passed 11-3-2008; Ord. 20-025, passed 12-21-2020) Penalty, see §
111.99
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