CHAPTER 8
LIQUOR CONTROL
LIQUOR CONTROL
SECTION:
3-8-1: Construction of Chapter
3-8-2: Definitions
3-8-3: Liquor Control Commissioner
3-8-4: License Required
3-8-5: Application for License
3-8-6: Restrictions on Issuance of License
3-8-7: Classes of Licenses; Number; Fees
3-8-8: Investigation; Rejection or Approval of Application
3-8-9: Term of License; Nontransferability; License for One Location Only
3-8-10: Conditions of License
3-8-11: Temporary Permits; Fees
3-8-12: Offenses Involving Liquor
3-8-13: Complaint Against Licensee
3-8-14: Revocation or Suspension of License
3-8-15: License Unavailable
3-8-16: Penalties
This Chapter shall be liberally construed, to the end that the health, safety and welfare of the people of the Village of Seneca shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by sound and careful control and regulation of the manufacture, sale and distribution of alcoholic liquors. (Ord. 91-04, 2-5-90)
When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
ALCOHOLIC LIQUORS: | Any alcohol, spirits, wine or beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this Chapter shall not apply to alcohol used in the manufacture of denatured alcohol nor to any liquid or solid containing one-half of one percent (0.5%) or less of alcohol by volume, nor shall the provisions of this Chapter apply to flavoring extracts, concentrates, syrups or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes. None of the provisions of this Chapter shall apply to wine intended for use by any church or religious organization for sacramental purposes. |
CLUB: | (i) any Club, as defined by 1-3.25 of the Liquor Control Act (235 ILCS 5/1-3.25) and (ii) local lodges of national social or fraternal organizations with national headquarters and holding a charter therefrom, and such club paying a per capita tax or other fee to such national headquarters. |
LICENSED PREMISES: | The premises described in the license. |
PERSON: | Any person, firm, partnership, club, association or corporation. |
RETAILER: | Any person who sells or offers for sale alcoholic liquor for use and consumption and not for resale in any form. (Ord. 91-04, 2-5-90; amd. Ord. 24-15, 7-15-2024) |
A. Village Officials Serve as: The Mayor of the Village shall be the Local Liquor Control Commissioner for the Village. In the absence of the Mayor, the Commissioner of Finance shall assume the duties of Local Liquor Control Commissioner.
B. Powers and Duties:
1. The Local Liquor Commissioner herein created shall have power to grant, suspend and revoke for cause all local licenses; to enter or suspend and revoke for cause all local licenses; to enter or authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter have been or are being violated; and to act upon such complaint in the manner hereinafter provided; and to receive local license fees and pay the same forthwith to the Village Treasurer.
2. The Local Liquor Control Commissioner shall have the right to examine or cause to be examined under oath any applicant for a local license, or for any renewal thereof, or any licensees upon whom notice of revocation has been served in the manner hereinafter provided, and to examine or cause to be examined the books or record of any such applicants or licensee; to hear testimony and take proof for his information in the performance of his duties, and for such purpose to issue subpoenas. (Ord. 91-04, 2-5-1990)
Notes
| 1 | 1. For salary of Liquor Control Commissioner, see Section 1-5-5 of this Code. |
An applicant for license shall submit to the Local Liquor Control Commissioner an application in writing, under oath, stating:
A. The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation; the purpose for which it was organized, the names and addresses of the officers and directors; and if a majority in interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person.
B. The citizenship of the applicant and, if a naturalized citizen, the time and place of his naturalization.
C. The location and description of the premises which is to be operated under such license and the structure which shall be used for sales.
D. A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter or the Dram Shop Act.
E. That applicant will not violate any of the laws of the State of Illinois, of the United States or the provisions of this Code in the conduct of his place of business.
F. Whether a previous license by any state or subdivision hereof or by the Federal government has been revoked, and the reasons therefor.
G. The date of a corporation if an Illinois corporation, or the date of becoming qualified under the Illinois Business Corporation Act to transact business in Illinois if a foreign corporation.
H. That the proposed location is not within one hundred feet (100') of any church, school, hospital, home for aged persons or veterans, their wives or children, or any military or naval station; provided, however, that this restriction shall not apply to clubs.
All applications for license shall be accompanied by a certified check, cashier's check, United States postal money order, or cash in the full amount of the license fee required to be paid, which fee shall be returned to such applicant if such application is denied.
All persons applying for a license at any time except on May 1 in each year shall pay the pro rata amount each month, or fraction thereof, as the unexpired fiscal year bears to twelve (12) months. (Ord. 91-04, 2-5-1990)
I. All licensees shall be required to obtain the following training and certification: (Ord. 17-07, 3-7-2017)
1. For all original or renewal licenses issued pursuant to this chapter, the licensee shall cause those employees, agents or representatives who sell or serve alcoholic beverages on the licensed premises, all management personnel working on the licensed premises, and all other employees, agents or representatives whose job description entails the checking of identification for the purchase of alcoholic beverages, the sale or delivery of alcoholic beverages, either on site or packaged sales, or supervises the management of business operations or the safety and security of business management pursuant to a license issued under this chapter, to complete a State certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) Program. No licensee shall be open for business at any time unless at least one BASSET trained employee is present at the licensed premises at all times when alcoholic beverages are being sold either as packaged goods or for consumption on the licensed premises.
2. A State-certified BASSET Training Program shall be defined as a BASSET Program licensed by the State Commission (ILCC) as required by 235 Illinois Compiled Statutes 5/3-12(11.1) and 6-27 and title 77 of Illinois Administrative Code, chapter XVI, section 3500. All licensed BASSET providers shall be required to have on file all licenses and certificates to prove current qualifications and provide a certificate of course completion and a card, to participants as proof of completion. (Ord. 17-07, 3-7-2017; amd. Ord. 18-08, 6-19-2018)
3. Any new owner, manager, employee, agent or representative requiring BASSET training, shall within ninety (90) days from the commencement of their employment with a licensee, complete an ILCC BASSET Approved Seller/Server Training Program and shall until completion of the BASSET Program work under the direct supervision of a person who has completed BASSET training. Notwithstanding the foregoing, for licensees issued a special event license, all BASSET training shall be completed prior to the commencement of the event that is the subject of the license.
4. The licensee shall maintain copies of the certificates of completion for each of the licensee's certified employees, evidencing the licensee's compliance with the BASSET training requirements of this subsection and shall, at the request of any Village law enforcement officer and/or the Local Liquor Control Commissioner or his designee, produce such copies for inspection. The certificate of completion shall be maintained by the licensee in a manner that will allow inspection, upon demand, by any designee of the State and/or local liquor control authorities.
5. All costs associated with a licensee's compliance with the BASSET training required under this subsection shall be paid by the licensee.
6. Any licensee found to be in violation of this section shall be subject to a fine of not less than two hundred fifty dollars ($250.00) for a first offense and for subsequent offenses a fine of not less than three hundred dollars ($300.00). For each violation of this section, a licensee shall also be subject to a possible suspension or revocation of any license issued under this chapter. (Ord. 17-07, 3-7-2017)
Loading...