(A) During the pendency of the gubernatorial declaration of a state of emergency relating to COVID-19, and for so long as executive orders issued by the Governor of the State of Illinois and/or guidelines issued through the Illinois Department of Commerce and Economic Opportunity so require, 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 permitted to offer the same for sale at retail for consumption at an outdoor/patio area associated with and available for the use of the licensee, provided, however, that the foregoing activity shall be conducted in compliance with such guidelines and policies as may be established by the village from time to time with respect thereto (including but not limited to guidelines and policies established for the conduct of outdoor dining operations), and as may be established by the State of Illinois or any office or agency thereof. Upon the termination of the gubernatorial disaster declaration or the issuance of appropriate regulatory from the Governor's office or other State of Illinois agency allowing full occupancy of the licensed premises in the same manner and to the same extent as the same was permitted prior to the gubernatorial disaster declaration, the authorization herein granted for outdoor retail sale and service of alcoholic beverages for on premises consumption shall terminate, without the necessity of further action by the village or the Local Liquor Control Commissioner.
(B) During the pendency of the gubernatorial declaration of a state of emergency relating to COVID-19, and for so long as executive orders issued by the Governor of the State of Illinois and/or guidelines issued through the Illinois Department of Commerce and Economic Opportunity so require or permit, and for so long as ILCS Ch. 235, Act 5, § 6-28.8 and applicable rules or guidance issued by the Illinois Liquor Control Commission so allow or permit, 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 permitted to offer the same for sale at retail for consumption at a location other than the licensed premises on a "to go" basis, but only in strict accordance with the conditions contained within the applicable rules or guidance issued by the Illinois Liquor Control Commission. To go basis sales as permitted hereunder shall be limited to sales of mixed drinks and single servings of wine, and the to go basis conditions shall include the following conditions as established by ILCS Ch. 235, Act 5, § 28.8, together with any other and further conditions or requirements established from time to time by the Illinois Liquor Control Commission:
(1) As used herein, a "mixed drink" shall include any form of alcoholic liquor or alcoholic beverage mixed with any nonalcoholic beverage, including those packaged in an original manufacturer's container.
(2) Mixed drinks and single servings of wine originally filled by a licensee under this chapter shall be in new/unused and rigid containers, including metal, glass or ceramic, but excluding paper, plastic or Styrofoam or similar packaging, shall be sealed with secure caps or lids that are tamper proof or tamper evident and which do not contain openings for straws or sipping, and shall be filled by an employee of the licensee under this chapter.
(3) Mixed drinks and single servings of wine originally filled by a licensee under this chapter shall be labeled with the following information: (i) the name of the drink, the ingredients of the drink, and the type and name of all alcoholic liquor contained in the container, (ii) the name, license number and address of the licensee that filled and sold the container, (iii) the volume of mixed drink or wine in the container and (iv) the date the container was sealed, which date shall be less than seven days prior to the date of sale.
(4) Mixed drinks or single servings of wine packaged by a manufacturer in the original container shall be affixed with a label or tag containing the name, license number and address of the licensee that sold the product.
(5) Mixed drinks or single servings of wine may be delivered to customers inside the licensed premises over the counter, via curbside delivery at the licensed premises, or by home delivery conducted by a licensee employee.
(6) Mixed drinks or single servings of wine shall not be delivered to customers through the use of a drive through window, or through the use of any third party home delivery company.
(7) All retailer employees that transfer mixed drinks or single servings of wine as otherwise permitted hereunder shall possess and maintain a valid BASSET training certificate, shall be 21 years of age or older, shall comply with all requirements of any relevant Executive Order, shall verify the age and intoxication level of the customer to whom the mixed drinks or single servings of wine are to be delivered (and if such verification cannot be safely and satisfactorily completed, shall cancel the sale and return the products in question to the licensee), and for all curbside deliveries, shall place the mixed drinks or single servings of wine in the vehicle trunk (or if no trunk exists, in an area of he vehicle not readily accessible to the passenger area of the vehicle).
(8) All licensees under this chapter providing sales on a to go basis as otherwise herein permitted shall possess and maintain State of Illinois Combined 1A licenses.
(9) No licensee authorized by law to manufacture any type of alcoholic liquor shall be entitled to conduct mixed drink or single serving of wine sales as otherwise permitted herein.
(10) Unless sooner terminated or further extended, the authorization to conduct sales on a to go basis as herein provided shall expire and terminate on January 3, 2024.
(11) All otherwise eligible licensees seeking to engage in sales of wine and mixed drinks on a to go basis as permitted by this division (B) shall first obtain an endorsement for the same pursuant to § 112.33A(F).
(Ord. 20-1639, passed 6-3-20; Am. Ord. 22-1753, passed 1-5-22)