(A) Except as may be provided for the issuance of certain permits under the terms of § 110.33(B) and § 110.33(C), every person, firm, or corporation engaged in the retail sale of alcoholic liquor in the Village must first have obtained a suitable liquor license authorizing the specific type and character of such alcoholic liquor sale as may be contemplated in such retail business:
(1) Each such licensee shall pay an annual license fee for such license in § 110.35 of this chapter.
(2) Such licenses shall be divided into the following classifications, which shall include the annual fees for such licenses as indicated in § 110.35:
(a) Class “A”: Authorizing the retail sale of alcoholic liquor for consumption only on the premises where sold, and retail sale of package liquor for consumption off the premises where sold.
(b) Class "AC": A combination of the Class A and Class C licenses, authorizing the licensee to sell and offer for sale at retail alcoholic liquor as though the licensee had been issued both a Class A and a Class C license for the licensed premises.
(c) Class "B": Authorizing the licensee to sell and offer for sale at retail in the premises specified in such liquor license, beer and wine only in its original package for consumption off the premises where sold.
(d) Class "C": Authorizing the licensee to sell and offer for sale at retail in the premises of the catering establishment specified for such license, alcoholic liquor both:
1. For consumption on the premises where the said alcoholic liquor is sold; and
2. In the original package only limited to those patrons who at the time of such sale of alcoholic liquor also purchase food products upon the premises of the catering establishment where the said alcoholic liquor is sold, and such sale of alcoholic liquor shall also authorize the licensee to deliver and serve (pour) such alcoholic liquor on any other premises off of the premises of the catering establishment where the said alcoholic liquor is sold.
(e) Class “H”: For issuance to hotels, authorizing the sale of alcoholic liquor at retail in the hotel premises specified in such license, whether for consumption or in its original package, to guests of such hotel, in the rooms occupied by such guests on such premises. Where there exists on such premises for which a given licensee holds a Class “H” license, any common area (including but not limited to lobbies and/or hallways) not under the exclusive control and supervision of such Class “H” licensee, additional liquor licenses shall be required for each lounge or restaurant located within such given hotel but in such event, an “Annual Renewal fee” for each such additional license shall be charged in lieu of any “Initial fee.”
(f) Class “L”: Authorizing the retail sale of alcoholic liquor for consumption only on the premises where sold, and retail sale of package liquor for consumption off the premises where sold.
(g) Class “P”: Authorizing the licensee to sell and offer for sale at retail in the premises specified in such license alcoholic liquor in its original package for consumption off the premises where sold.
(h) Class "PE": Authorizing the retail sale of alcoholic liquor for consumption only on the premises where sold, provided the licensee is doing business as a Physical Education Association.
(i) Class “R”: Authorizing the licensee to sell or offer for sale at retail alcoholic liquor on the premises where sold and only with meals. For any licensed premises to qualify for a Class “R” license, the applicant must be doing business as a restaurant.
(j) Class “T”: Authorizing the sale of alcoholic liquor on the premises where sold for a temporary period not to exceed 30 days.
(k) Class “W”: Authorizing the sale of beer and wine for consumption only on restaurant premises where sold and only with meals. The said beer and wine shall be delivered for consumption within the building on the premises as aforesaid, in glasses and not in bottles, cans, or cups.
(l) Class "X": Authorizing any person, firm, or corporation holding a Class "A", Class "AC", Class "H", Class "L", Class "PE", Class "R", or Class "W" license to transfer a portion of its alcoholic liquor inventory from its licensed premises to the premises specified in the license hereby created, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for use or consumption, but not for resale in any form, at picnics, outings, festivals, theater nights, or other such similar special occasions or events. No sale of alcoholic liquor shall be permitted under a Class "X" license until the licensee has obtained a valid State of Illinois special use permit license for the respective event in accordance with Section 5-1(q) of the Liquor Control Act of 1934. A Class "X" license does not authorize a licensee to engage in package liquor sales at the respective event nor does it allow alcoholic liquor, other than that provided by the licensee under the terms and conditions of the license, to be brought onto the premises or consumed on the premises. A Class "X" license may be granted for one or more days to a maximum of three days per location in any 12-month period. The hours of service shall be as provided in § 110.56(A) of this chapter and shall be specified in the license, along with the date(s) of the authorized sale of alcoholic liquors under this license.
1. Applications for a Class "X" license shall be filed on forms provided by the Local Liquor Control Commissioner, and applications must be made at least thirty days prior to the scheduled date of the respective event. The general application procedures set forth in § 110.31 of this chapter shall not apply to licenses issued under this classification, other than the requirement for evidence of Dram Shop Insurance. The application shall include such information as the Local Liquor Control Commissioner determines is necessary to process such application, which information may include, but shall not be limited to, the estimated number of persons attending the event, the location and layout of alcoholic liquor sales at the event and at the premises, the persons responsible for the dispensing of alcoholic liquor, steps to be taken by the applicant to protect against any violations of the Village's ordinances, proof of the applicant's legal right to occupy the premises during the duration of the respective event, proof of adequate provision for public sanitary facilities, proof of adequate provision for refuse and waste disposal arrangements, proof of adequate provision for general security and crowd control, proof of adequate means for securing the physical perimeter of the premises from entry by minors and adequate security arrangements to ensure that minors are not served alcoholic beverages, and information regarding the manner in which alcoholic liquor will be dispensed and consumed.
2. Except as otherwise provided in Subsection 1., the applicant shall comply with all applicable provisions of the New Millennium Code of the Village of Schiller Park, including, but not limited to, zoning, building, and health and safety regulations. The applicant shall also provide the Local Liquor Control Commissioner with a certificate or policy of insurance as evidence that it has obtained general liability insurance coverage for the event and at the proposed location. Every Class "X" licensee shall comply with the requirements of § 110.41 of this chapter regarding Dram Shop Insurance. Every Class "X" licensee shall comply with the requirements of § 110.58 of this chapter, and each application for a Class "X" license shall be accompanied by copies of valid Beverage Alcohol Sellers and Servers Education and Training seminar certificates of attendance for all employees at the event who will sell or serve alcoholic beverages, check identification for the purchase of alcoholic beverages, or check identification for entry into the event covered by said license.
(B) The Local Liquor Control Commissioner may grant a daily permit without fee to any not-for-profit organization or club located within the Village, such as a church, fraternal order or lodge, veterans organization, civic organization, fire department, or other similar organization, authorizing the sale of alcoholic beverages only for consumption at any picnic, carnival, or special event sponsored or conducted by such organization. The specific closing hours for this permit shall be determined by the Local Liquor Commissioner. No more than 6 such daily permits shall be issued to any one organization during the period of any one calendar year.
(C) The Local Liquor Control Commissioner may grant an exterior sales permit authorizing the retail sale of alcoholic liquor for consumption on or within any beer garden, patio area, or other similar outside or unroofed or unenclosed areas adjoining and utilized in conjunction with a premises for which there is a then currently issued and valid Class "A", Class "AC", Class "C", Class "L", Class "PE", Class "R", or Class "W" license. An exterior sales permit shall be required in addition to any such license. Except as otherwise expressly authorized in this Chapter, no alcoholic liquor may be sold, served, or consumed in any outside area without first obtaining a permit as provided herein. A permit holder may only sell or offer for sale alcoholic liquor at retail upon the permitted premises, permit any person to consume alcoholic liquor in or upon said premises, and allow the public to enter said premises during the legal hours of operation allowed for the consumption of alcoholic beverages in § 110.56(A) of this chapter.
(1) Applications for an exterior sales permit shall be filed on forms provided by the Local Liquor Control Commissioner. The application shall include such information as the Local Liquor Control Commissioner determines is necessary to process such application.
(2) The provisions of § 110.32 of this chapter, including those regarding the proximity of the premises to a church, school, or other entity as provided in Section 6-11 of the Liquor Control Act of 1934, shall apply to exterior sales permits applied for under this subsection. Furthermore, no exterior sales permit shall be granted for any outside premises that is located twenty feet or closer to any residential zone as measured from the boundary line of such residential zone to the area of the premises proposed to be covered by the permit.
(3) The applicant shall comply with all applicable provisions of the New Millennium Code of the Village of Schiller Park, including but not limited to, zoning, building, and health and safety regulations. The applicant shall also provide the Local Liquor Control Commissioner with a certificate or policy of insurance as evidence that it has obtained general liability insurance coverage for the outside premises. The applicant shall further provide the Local Liquor Control Commissioner with evidence of Dram Shop Insurance coverage as required by § 110.41 of this chapter.
(4) An annual fee of $100.00 is required for the issuance of an exterior sales permit, which fee shall be payable at the time of application. A permit will not be issued until said fee is paid.
(5) Upon receipt of the required fee, confirmation that the application complies with all requirements of this Subsection (C), and confirmation that the proposed premises to be covered by the permit complies with all requirements of the New Millennium Code of the Village of Schiller Park, the Local Liquor Control Commissioner shall grant the exterior sales permit. A permit shall be valid from July 1 through June 30 of the next year as long as the permit holder complies with all applicable provisions of the New Millennium Code of the Village of Schiller Park including, but not limited to, the noise regulations contained in § 132.02 and chapter 94. In the event that a permit holder is found in violation of said code, the Local Liquor Control Commissioner may revoke the exterior sales permit. A violation of any portion of this Subsection (C) shall be grounds for any fine, suspension or revocation of the exterior sales permit and the liquor license associated with the premises.
(6) A holder of an exterior sales permit shall maintain the area covered by such permit and the areas surrounding said area in a clean, safe, and sanitary condition. The permit holder shall clean said areas at the end of each business day, so as not to have any food or drink leftovers remaining. The permit holder shall also wash daily the permitted area, removing any food or drink residue.
(7) Any type of live entertainment or music produced by any mechanical or electronic means shall not be allowed before 12:00 p.m. or after 10:00 p.m. in the area covered by the exterior sales permit if any portion of the permitted area is located within 100 feet of any residential zone, as measured from the boundary line of such residential zone to the permitted area, unless specifically authorized in writing by the Local Liquor Control Commissioner for a specific special occasion or event. In addition, no live entertainment or music produced by any mechanical or electronic means shall at any time emanate from the interior or exterior of any licensed establishment that unreasonably disturbs the peace or quiet enjoyment in any residential zone.
(Ord. 93-1834, passed 6-22-93; Am. Ord. 93-1841, passed 7-13-93; Am. Ord. 94-1895, passed 11-9-94; Am. Ord. 00-2243, passed 8-22-00; Am. Ord. 03-2410, passed 5-13-03; Am. Ord. 06-2592, passed 8-22-06; Am. Ord. 07-2635, passed 5-22-07; Am. Ord. 13-2941, passed 11-21- 13; Am. Ord. 18-4061, passed 5- 17-18; Am. Ord. 20-4237, passed 9-3-20; Am. Ord. 21-4260, passed 4-1-21; Am. Ord. 21-4271, passed 5-20-21)