Any licensee in one of the hereinafter enumerated liquor license classifications that is in full and current compliance with the provisions of this chapter, all other applicable ordinances of the village and the applicable laws of the state, may, upon application to the local liquor control commissioner, obtain an annual endorsement to the license to permit the retail sale of alcoholic liquor from the licensed premises upon the additional conditions set forth in the endorsement. The application shall be made in substantially the form required pursuant to § 112.31, and upon payment of a nonrefundable administrative fee by certified or cashier's check in the amount of $50 to cover the administrative costs of processing the application. Upon approval of an application for a license endorsement, successful applicants shall be required to pay by certified or cashier's check the endorsement fee for the relevant endorsement. Endorsements shall be valid for the same duration as the underlying license and shall be subject to the terms and conditions set forth in this section, as well as all other provisions of this chapter pertaining to licenses and licensees.
(A) Class E Promotional Endorsement. A promotional endorsement may be issued to a holder of a Class E license to permit the tasting or sampling of alcoholic liquor for promotional purposes, on a temporary and intermittent basis for not more than three consecutive or non-consecutive days per month, where no direct or indirect charge is imposed in connection therewith. Notwithstanding the foregoing, no holder of a Class E license shall be authorized to apply for or receive a promotional endorsement unless such licensee has a primary business purpose other than the retail sale of alcoholic liquors, which purpose is other than the retail sale of gasoline or similar fuels for motor vehicles and occupies licensed premises consisting of not less than 14,000 square feet in area devoted primarily to the sale of products other than alcoholic liquor. No portion of alcoholic liquor provided for sampling or tasting purposes shall exceed one ounce in volume of wine, two ounces of beer, or one-quarter ounce of any other alcoholic liquor, and no individual person may be provided more than three such tasting or sampling portions during a given calendar day. The sampling or tasting shall be attended and supervised by a full-time employee of the licensee and only in a designated area on the licensed premises, and shall be subject to such further regulation as deemed necessary by the local liquor control commissioner. No Class E licensee shall permit the tasting or sampling of any alcoholic liquor on the licensed premises without first having obtained a promotional endorsement as herein specified. The annual fee for a Class E promotional endorsement shall be $100.
(A-1) Class E-1 Promotional Endorsement. A Class E-1 promotional endorsement may be issued to a holder of a Class E license to permit the tasting or sampling of alcoholic liquor for promotional purposes, on a temporary and intermittent basis for not more than two consecutive or non-consecutive days per month, and for not more than a total of ten days during a calendar year, where no direct or indirect charge is imposed in connection therewith, where the Class E licensee occupies licensed premises of at least 1,000 square foot but less than 14,000 square feet in area, which premises are primarily devoted to the sale of alcoholic beverages for off premises consumption, and no portion of which shall be used in any way for the retail sale of gasoline or similar fuels for motor vehicles. No portion of alcoholic liquor provided for sampling or tasting purposes shall exceed one ounce in volume of wine, two ounces of beer, or one-quarter ounce of any other alcoholic liquor, and no individual person may be provided more than three such tasting or sampling portions during a given calendar day. The sampling or tasting shall be attended and supervised by a full-time employee of the licensee and only in a designated area on the licensed premises, and shall be subject to such further regulation as deemed necessary by the local liquor control commissioner. No Class E licensee within the parameters set forth herein for eligibility to apply for a Class E-1 promotional endorsement shall permit the tasting or sampling of any alcoholic liquor on the licensed premises without first having obtained a promotional endorsement as herein specified. Class E-1 promotional endorsements shall be applied for on a per-day basis, and shall not be available or issued on an annual basis. Applicants for Class E-1 promotional endorsements may apply on a monthly basis for Class E-1 promotional endorsements desired for a day or days within a given month, and if approved, such endorsements shall be issued with respect to the specific day or days identified in the application therefor. The fee for the issuance of a Class E-1 promotional endorsement for a single day shall be $10.
(B) Classes A, B, and C — Off-Premises Sale Endorsement. An off-premises sale endorsement may be issued to the holder of a Class A, Class B or Class C license to permit the licensee to sell beer and wine in the original package for consumption at a location other than the licensed premises, subject to the following conditions:
(1) No beer or wine may be sold by any licensee pursuant to an off-premises sale endorsement unless (i) in the case of beer, the original package in which such beer is sold consists of at least one single manufacturer prepackaged unit consisting of not less than four manufacturer sealed cans or bottles containing not less than 12 ounces volume each, or containing the same or greater total volume in sealed cans, bottles, barrels or kegs none of which shall be less than 12 ounces volume each, or (ii) in the case of wine, the original package in which such wine is sold consists of at least one single sealed package, container or its functional equivalent containing not less than 750 mL.
(2) No beer or wine may be sold by any licensee pursuant to an off-premises sale endorsement on any day between the hours 10:00 p.m. to 10:00 a.m., regardless of whether or not the licensee is otherwise allowed to sell alcoholic beverages pursuant to the terms of its Class A, B, or C license. All beer or wine sold pursuant to an off-premises sale endorsement must be manufactured at an offsite location other than the licensed premises. No holder of a Class A, B, or C license shall sell any beer or wine for off-premises consumption without first having obtained an off-premises sale endorsement as herein specified, and not more than 5% of the annual gross revenues of the licensee shall be derived from the sale of beer or wine pursuant to an off-premises sale endorsement. Licensees holding such endorsements shall maintain documentation sufficient to allow the Local Liquor Control Commissioner to readily determine compliance with this requirement. The annual fee for a Class A, B, or C off-premises sale endorsement shall be $100.
(C) Class G Full-Service Hotel Endorsements: Room Service and Mini-Bar Service. A room service endorsement or a mini-bar service endorsement, or both of them, may be issued to the holder of a Class G license. A room service endorsement shall permit the licensee to sell at retail and deliver alcoholic liquor to guests in individual rooms during such hours as alcoholic liquor is otherwise permitted to be sold by the Class G licensee, provided, however, that the Class G licensee must maintain a menu for food service to individual rooms consisting of meals prepared on the premises during all times when alcoholic liquor is being sold and delivered to individual guest rooms pursuant to a room service endorsement. A mini-bar service endorsement shall authorize the licensee to place one locked refrigerator unit not in excess of 4.4 cubic feet in capacity containing alcoholic liquor for sale for consumption on the premises (a "mini-bar") in each individual guest room of the full-service hotel operated by the licensee, and to provide the key for a given unit upon request to a paid guest 21 years of age or older registered to the room in which such unit is located. The annual fee for a room service endorsement shall be $200 and the annual fee for a mini-bar endorsement shall be $200.
(D) Video gaming terminal location endorsements.
(1) A video gaming terminal location endorsement may be issued to the holder of a Class A, Class B, Class C, Class D, or Class P license that holds a current and valid license from the State of Illinois and/or the Illinois Gaming Board pursuant to the provisions of the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) and the provisions of applicable regulations promulgated from time to time by the Illinois Gaming Board permitting the holder to operate one or more video gaming terminals within the licensed premises. All applicants for a video gaming terminal location endorsement must at all times offer or have available a selection of food and nonalcoholic beverages prepared to customer order on the licensed premises, and for immediate consumption by the customer on such premises. A separate video gaming terminal endorsement shall be required to be issued for each video gaming terminal sought to be operated from within the licensed premises. For purposes of the enforcement of the provisions of this chapter (including but not limited to the taking of any action by the Local Liquor Control Commissioner pursuant to § 112.51), any violation by a licensee holding one or more video gaming terminal location endorsements of any provision of the Video Gaming Act, the regulations promulgated thereunder by the Illinois Gaming Board, or any provision of any village ordinances applicable to the licensee's conduct of business (including but not limited to the provisions of Chapters 113 and 159 of this Code, and the provisions of any special use permit issued to the licensee or with respect to the licensed premises) shall be deemed to be a violation of this chapter. No licensee under this chapter may apply for, receive or hold more than six video gaming terminal endorsements at any time. Licensees applying for new or initial video gaming terminal location endorsements shall make application in such form as shall be from time to time prescribed by the Local Liquor Control Commissioner, and shall be subject to an application fee as provided for in Chapter 43 of the Village Code of Ordinances. The annual fee for each video gaming terminal location endorsement shall be $250, provided however, that the annual fee shall be shared equally by the licensee holding the video gaming terminal location endorsement and the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises, with $125 payable by the licensee holding the video gaming terminal location endorsement, and $125 payable by the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises.
(2) Restrictions and limitations on the issuance of certain video gaming terminal location endorsements.
(a) As of the date on which the village adopts the ordinance providing for the creation of this division (D)(2)(a), there shall be a limitation on the number of video gaming terminal locations endorsements issued to holders of Class A, B, C, or D licenses, with the initial number of such video gaming terminal location endorsements available being equal to the then-existing number of video gaming terminal locations endorsements issued to then-existing Class A, B, C, and D licensees. Class A, B, C, and D licensees holding video gaming terminal location endorsements as of the date on which the village adopts the ordinance providing for the creation of this division (D)(2) shall be entitled to continue to renew such video gaming terminal location endorsements as they may then hold, subject to ongoing compliance with the otherwise applicable ordinances. In the event that any Class A, B, C, or D licensee shall for whatever reason fail to renew any video gaming terminal location endorsements then held, the number of such nonrenewed video gaming terminal location endorsements shall be subtracted from the number of video gaming terminal location endorsements otherwise available under this division (D)(2)(a), provided, however, that the Board may from time to time vote to make available and permit the issuance by the Local Liquor Control Commissioner of such endorsements to new applicants for such endorsements up to a total amount of such endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating this division (D)(2)(a), and the holders of such video gaming terminal location endorsements shall be exempt from complying with the financial revenue standards set forth in division (D)(2)(b) of this section.
(b) After the issuance of that number of video gaming terminal location endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating division (D)(2)(a) of this section, the number of additional video gaming terminal location endorsements available for issuance shall be as set forth from time to time by duly adopted village ordinance, provided, however, that such video gaming terminal location endorsements shall only be available for issuance to holders of Class A, B, C, or D licenses who demonstrate in their written application for video gaming terminal location endorsements that the business at which such video gaming terminals are intended to be located and operated is realistically likely and actually intended to generate 50% or more of its gross revenues from sales of food or beverages, or activities other than video gaming activities, and shall provide such further information as the Village Local Liquor Control Commissioner shall from time to time request in support thereof. Class A, B, C, or D licensees that receive video gaming terminal location endorsements shall be obligated to continually comply with the aforementioned requirements that 50% of the gross revenues of such licensees be generated by sources of revenue other than video gaming revenue, and the Local Liquor Control Commissioner shall be entitled to reasonable access to the books and records of the licensees for purposes of auditing and verifying such ongoing compliance.
(E) Class A/B Special Event endorsement. A Class A/B Special Event endorsement may be issued to any holder of a duly issued Class A or Class B liquor license who has contracted with the holder of or applicant for any Class H Special Event license or any Class L or Class L-1 license for the provision of all goods and services required in connection with the service or sale of alcoholic beverages at the special event to be conducted by the Class H licensee or the Class L or Class L-1 licensee. Class A/B Special Event endorsements shall be valid for a period of one year, but shall only authorize the holders thereof to sell and serve alcoholic beverages in conjunction with the conduct of a special event held and conducted by a Class H licensee, or by a Class L or Class L-1 licensee. In addition to the foregoing, a Class A/B Special Event endorsement may also be issued to any holder of a Class A, Class B or Class L-1 license who has contracted with the village to provide concession, catering or food services/sales from and on village property in connection with the conduct of village-sponsored events or activities, and any such concessionaire, caterer or food service contractor shall be permitted to sell and serve for on-premises consumption only such forms of alcoholic beverages as are otherwise permitted to be served and sold pursuant to the underlying Class A, Class B or Class L-1 license. The holder of a Class A/B Special Event endorsement shall, in addition to any other applicable provisions of this chapter or this Code of Ordinances, be responsible for complying in full with all ordinance requirements, license conditions and other requirements applicable to Class H licensees or Class L or Class L-1 licensees. The annual fee for a Class A/B Special Event endorsement shall be $100.
(F) COVID-19 To Go Basis Sales endorsement. Village liquor licensees holding liquor licenses within license classes A, B, C, D, F and G that are authorized to sell at retail for on premises consumption shall be eligible upon application to receive a COVID-19 To Go Basis Sales endorsement, which shall permit the holder thereof to engage in sales of mixed drinks and single servings of wine in accordance with the requirements of § 112.44A(B). The annual fee for a COVID-19 To Go Basis Sales endorsement shall be $100.
(G) Delivery endorsement for licensees. Any holder of a valid license or endorsement issued under § 112.33 which by its terms permits sales of alcoholic liquor for off premises consumption shall be eligible to obtain upon application an endorsement to permit the licensee to engage in the delivery and shipment of alcoholic liquor for use or consumption and not for resale except as the same may be otherwise restricted or prohibited by Sections 5/6-18, 5/6-29 or 5/6-29.1 of the Illinois Liquor Control Act of 1934. As used herein, "ship" or "shipping" shall mean and refer to the movement of alcoholic liquor from a licensee to a consumer via the use of a common carrier, and "deliver" or "delivery" shall exclude the use of common carriers, and shall only mean and refer to the movement of alcoholic liquor to a consumer by any of the following methods: (1) delivery within the licensee's parking area serving the licensed premises, (2) delivery by any owner, officer, director, shareholder, member, manager or employee of the licensee, or (3) delivery via the use of a third party contractor, independent contractor or agent with whom the licensee has contracted to make such deliveries of alcoholic liquor. All deliveries of alcoholic liquor made pursuant to a delivery endorsement shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery. All deliveries and shipments of alcoholic liquor made under a delivery endorsement shall be made in compliance with the requirements of Sections 5/6-18, 5/6-29 or 5/6-29.1 of the Illinois Liquor Control Act of 1934, including but not limited to the following requirements: (1) All packages containing alcoholic liquor shall be clearly and prominently labeled with the following warning "CONTAINS ALCOHOL. SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY", (2) Licensees shall require common carriers and/or the licensee's own personnel to obtain the signature of a person 21 years old or older at the delivery/shipment address and to verify the age and identity of the signer, (3) Licensees shall be responsible at their expense to obtain shipping certifications from any common carrier used to ship alcoholic liquor certifying the location and time of shipment and the name and signature of a person 21 years or older at the shipping address who accepts the shipment, and shall generate and maintain like certifications for deliveries made using the licensee's own personnel as hereinabove described. All holders of delivery endorsements issued hereunder shall be further required to verify that the receipt of a delivery or shipment of alcoholic liquor is allowed by the laws and local ordinances of the location where the delivery or shipment of alcoholic liquor is to be made, and no holder of a delivery endorsement issued hereunder shall be authorized or permitted by such endorsement to make any delivery or shipment of alcoholic liquor to any location where the receipt of the same would violate any applicable law or local ordinance. Holders of delivery endorsements hereunder shall be liable for any violations of this chapter or of the Liquor Control Act of 1934 made by any common carrier in connection with the shipment of alcoholic liquor hereunder or made by any of the retailer's own personnel conducting any delivery of alcoholic liquor hereunder. The annual fee for a delivery endorsement pursuant to this section shall be $100.
(Ord. 11-0913, passed 7-6-11; Am. Ord. 12-0978, passed 4-18-12; Am. Ord. 12-1021, passed 12-19-12; Am. Ord. 15-1183, passed 3-18-15; Am. Ord. 15-1200, passed 8-5-15; Am. Ord. 15-1231, passed 11-18- 15; Am. Ord. 16-1273, passed 4-20-16; Am. Ord. 17-1443, passed 12-20-17; Am. Ord. 18-1477, passed 4-18-18; Am. Ord. 19-1618, passed 12-18-19; Am. Ord. 21- 1694, passed 4-7-21; Am. Ord. 21-1726, passed 10-6-21; Am. Ord. 22-1751, passed 1-5-22; Am. Ord. 22-1753, passed 1-5-22; Am. Ord. 22-1801, passed 11-15- 22; Am. Ord. 22-1815, passed 12- 7-22; Am. Ord. 23-1825, passed 2- 15-23; Am. Ord. 23-1829, passed 3-1-23)