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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
(A) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for the aged or indigent persons, or for veterans, their wives or children, or any military or naval station; provided that, this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or restaurants or other places where the sale of alcoholic liquors is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school, where such church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or education programs and not to property boundaries.
(B) Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor, if any such sales are limited to period when groups are assembled on the premises solely for the promotion of some common object other than sale or consumption of alcoholic liquor.
(C) No such license shall be issued to any person for the sale of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age, or where the principal business transacted consists of school books, school supplies, food, lunches or drinks for such minors.
(D) A license issued hereunder shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only when and upon the written permit to make such change shall be issued by the local Commissioner. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
(Prior Code, § 110.016) (Ord. 93-014, passed 5-24-1993; Ord. 94-021, passed 6-20-1994) Penalty, see § 111.99
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