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A. Sales In Certain Retail Establishments Prohibited: No class D-1, D-2, G, H, S-1 or S-2 license shall be issued for the sale of alcoholic liquor at retail, for consumption on the premises, in any confectionery, grocery store or drugstore, or in any establishment commonly known as a "self-service" store where patrons are permitted physically to select and reduce to possession goods for purchase from open shelves or displays, making payment therefor upon leaving the premises, or in any establishment where the patronage of persons for the purchase of raw or unprepared food or medicines is solicited by signs, newspaper advertising or other public announcement. A licensee may sell prepared food upon the premises, but only when all food sold is consumed on the premises by the purchaser thereof. Nothing in this subsection contained shall be held or construed to forbid the sale by a registered pharmacist of alcoholic liquor for medicinal purposes upon the prescription of a licensed physician or surgeon.
B. Size Of Containers: It is hereby declared unlawful for any licensee, as defined in section 4-1-10 of this chapter, holding any license to sell alcoholic liquor as therein defined, to hereafter offer for sale at retail at any licensed premises, as therein defined, any packaged goods container of beer or alcoholic liquor of the size of thirty two (32) ounces or larger, which has been chilled or refrigerated below the room temperature of the licensed premises.
C. Peddling: It shall be unlawful to peddle alcoholic liquor in the village.
D. Lewd Entertainment: No person licensed under this chapter shall permit any employee, entertainer or patron to engage in any live act, demonstration, dance, or exhibition on the licensed premises which:
1. Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. Exposes any portion of the female breast at or below the areola thereof.
E. Curb Service: No curb service for the sale of alcoholic liquors shall be permitted on or in connection with premises for which a license has been granted for the sale of alcoholic liquor for consumption on the premises, either upon the public street or private property contiguous to such premises so licensed. (Ord. 774, 12-4-2000)
In all cases where, in the opinion of the village president, or if the village president is unavailable, the acting village president, the public peace or the safety of any person is likely to be endangered by the keeping open of places where intoxicating liquor is sold at retail or dispensed, it shall be lawful for the village president or acting village president, without a hearing, to close such place or places. Such proclamation shall state the reasons for such closing, commanding and enjoining any or all persons so licensed by the village, and their servants and agents, to neither sell, give away nor suffer to be drunk any alcoholic liquors in or about their premises during the time mentioned in said proclamation or order. In any event, no such emergency order shall be valid beyond seven (7) days without a hearing granted to any affected licensee. The chief of police may, at his discretion, order a licensed premises to be closed without hearing for a period of twenty four (24) hours if the premises constitutes a crime scene, and such closing could prevent the loss or destruction of evidence and facilitate a police investigation, or if the premises was the scene of a violent disturbance involving injury or threat to citizens or the use of firearms. Such closing, and the reasons therefor, will be documented by the chief of police and a report submitted to the village president. (Ord. 774, 12-4-2000)
The local liquor control commissioner shall keep or cause to be kept a complete record of all licenses issued hereunder and shall furnish the village clerk, village treasurer and chief of police each with a copy thereof. Upon the issuance of any new license or the revocation of any old license, the local liquor control commissioner shall give written notice of such action to each of these officers within forty eight (48) hours of such action. (Ord. 774, 12-4-2000)
A. Revocation Or Suspension Of License: The local liquor control commissioner may revoke or suspend any license issued under this chapter for any violation of any of the provisions of this chapter or for any violation of any state or federal law pertaining to the sale of alcoholic liquor. Upon revocation or suspension of a license, the licensee shall not be entitled to any refund of any prepaid portion of the license fee. The local liquor control commissioner may also impose a fine and assess costs incurred by the village in connection with any violation of any of the provisions of this chapter or for any violation of any state or federal law pertaining to the sale of alcoholic liquor including proceedings related thereto.
B. Appeals: Whenever any order or action of the local liquor control commissioner granting or refusing to grant a license, imposing a fine or costs, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license is appealed, the appeal shall be limited to a review of the official record of the proceedings of the local liquor control commissioner. (Ord. 774, 12-4-2000; amd. 2012 Code)
C. Hearings: Any hearing by the local liquor control commissioner or otherwise required by this chapter shall comply with the Illinois liquor control act of 1934; see, e.g., 235 Illinois Compiled Statues 5/7-5.
D. Violations: It is unlawful to violate any of the provisions of this chapter. In addition to any other remedy or penalty provided by law, the offender shall be subject to fine, costs and other penalties that may be provided for violation of the ordinances of the village. In the case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. (Ord. 774, 12-4-2000)
E. Penalties And Costs:
1. In the event that the local liquor control commissioner shall find a licensee guilty of violating any provision of this chapter, in addition to license suspension, he may order the licensee to pay to the village any one or more of the following: (Ord. 774, 12-4-2000; amd. 2012 Code)
a. A fine not to exceed one thousand dollars ($1,000.00) for a first violation within a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate offense 1 ;
b. Reasonable attorney fees incurred by the village and/or the liquor control commission; and
c. Reasonable costs, including court reporter fees incurred at the hearing.
2. The aforesaid remedies shall be in addition to all other remedies and penalties available to the village or the local liquor control commissioner, both at law or in equity and not in lieu thereof. Any penalties, costs or fees assessed under this subsection shall be payable upon the order of the commissioner unless notice of appeal has been filed by the licensee, in which case, payment is stayed until the final decision of a court of competent jurisdiction. (Ord. 774, 12-4-2000)
F. Public Nuisance Declared: In addition to any other remedy or penalty, every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution or sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any manner used in violation of this chapter, is hereby declared to be a public nuisance and shall be abated as provided by the laws of the state of Illinois. (Ord. 774, 12-4-2000; amd. 2012 Code)
Notes
| 1 | 1. 235 ILCS 5/7-5. |