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Sparta, IL Code of Ordinances
SPARTA, ILLINOIS CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
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§ 111.17 PROVISIONS FOR NON-ISSUANCE.
   (A)   Except as otherwise provided in division (B) below, no license of any kind issued by the state’s Commission or any local commission shall be issued to:
      (1)   A person who is not a resident of any city, village or county in which the premises covered by the license are located, except in case of railroad or boat licenses;
      (2)   A person who is not of good character and reputation in the community in which he or she resides;
      (3)   (Reserved)
      (4)   A person who has been convicted of a felony under any federal or state law, unless the Commission determines that such person will not be impaired by the conviction in engaging in the licensed practice after considering matters set forth in such person’s application in accordance with 235 ILCS 5/6-2.5 and the Commission’s investigation;
      (5)   A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution;
      (6)   A person who has been convicted of pandering;
      (7)   A person whose license issued under this chapter has been revoked for cause;
      (8)   A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
      (9)   A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence within the political subdivision, unless residency is required by local ordinance;
      (10)   A corporation or limited liability company, if any member, officer manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than residence within the political subdivision;
      (11)   A corporation or limited liability company unless it is incorporated or organized in the state or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983, being 805 ILCS 5/1.01 et seq., or the Limited Liability Company Act, being 805 ILCS 180/1-1 et seq., to transact business in the state. The Commission shall permit and accept from an applicant for a license under this Act proof prepared from the Secretary of State’s website that the corporation or limited liability company is in good standing and is qualified under the Business Corporation Act or the Limited Liability Company Act to transact business in the state;
      (12)   A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee;
      (13)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this chapter or has forfeited his or her bond to appear in court to answer charges for any such violation, unless the Commission determines, in accordance with 235 ILCS 5/6-2.5, that the person will not be impaired by the conviction in engaging in the licensed practice;
      (14)   A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
      (15)   Any law enforcing public official, including members of a local liquor control commission, any mayor, alderman or member of the city council or commission, any president of the village board of trustees, any member of a county board; and no such official shall have a direct interest in the manufacture, sale or distribution of alcoholic liquor; except that, a license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the state’s Liquor Control Commission;
      (16)   A person who is not a beneficial owner of the business to be operated by the licensee;
      (17)   A person who has been convicted of a gambling offense as proscribed by any of 720 ILCS 5/28-1(a)(3) through (11), or as proscribed by §§ 28-1.1 or 28-3 of the Criminal Code of 2012, being 720 ILCS 5/28-1.1 or 5/28-3, or the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
      (18)   A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act, 230 ILCS 15/0.01 et seq., or the state’s Pull Tabs and Jar Games Act, being 230 ILCS 20/1 et seq.;
      (19)   A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at last equal to the maximum liability amounts set out in 235 ILCS 5/6-21(a);
      (20)   A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited liability company or trust or any subsidiary, affiliate or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable or beneficial interest, directly or indirectly, in a person licensed in the state as a distributor or importing distributor. For purposes of this division (A)(20), a person who is licensed by any licensing authority as a MANUFACTURER OF BEER shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company or trust or any subsidiary, affiliate or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer; or
      (21)   A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited liability company or trust or any subsidiary, affiliate or agent thereof, or any other form of business enterprise licensed in the state as a distributor or importing distributor having any legal, equitable or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited liability company or trust or any subsidiary, affiliate or agent thereof, or any other form of business enterprise, except for a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934, being 15 U.S.C. §§ 78a et seq.. For the purposes of this division (A)(21), a person who is licensed by any licensing authority as a MANUFACTURER OF BEER shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company or trust or any subsidiary, affiliate or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
   (B)   A criminal conviction of a corporation is not grounds for the denial, suspension or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee or controlling shareholder whose actions directly contributed to the conviction of the corporation. The Local Liquor Control Commissioner shall determine if all provisions of division this division (B) have been met before any action on the corporation’s license is initiated.
(235 ILCS 5/6-2) (1994 Code, § 111.17)
§ 111.18 LOCATION RESTRICTIONS; CERTAIN BUSINESSES NOT SUBJECT TO RESTRICTIONS.
   No license required by this subchapter shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school or hospital. However, this prohibition shall not apply to hotels or restaurants, regularly operated as restaurants or food shops or other places where the sale of alcoholic liquor is not the principal business carried on, if the place of business so exempted shall have been established for such other purpose prior to the effective date of this subchapter.
(1994 Code, § 111.18) Penalty, see § 111.99
§ 111.19 CLASSES OF LICENSES; ANNUAL FEES.
   Licenses required by this subchapter shall be divided into nine classes, as follows.
   (A)   Class A licenses. Class A licenses shall authorize the retail sale of alcoholic liquor for consumption on the premises as well as other retail sales of alcoholic liquor. Effective 7-1-2007, the annual license fee for Class A licenses shall be $500; effective 7-1-2009, the annual fee shall increase to $700.
   (B)   Class B licenses. Class B licenses shall authorize the retail sale of alcoholic liquor for consumption on the premises as well as other retail sales of alcoholic liquor. Effective 7-1-2007, the annual fee for Class B licenses shall be $400; effective 7-1-2009, the annual fee shall increase to $600.
   (C)   Class C licenses. Class C licenses shall authorize the retail sale of alcoholic liquor by an organized club, fraternity or society to members of the club, fraternity or society only, for consumption on the premises. Effective 7-1-2007, the annual license fee for Class C licenses shall be $400; effective 7-1-2009, the annual fee shall increase to $600.
   (D)   Class D licenses. Class D licenses authorize the retail sale of alcoholic liquor but which shall not be consumed on the premises where sold. Effective 7-1-2007, the annual fee for Class D licenses shall be $400; effective 7-1-2009, the annual fee shall increase to $600.
   (E)   Class E licenses. Class E licenses authorize the retail sale of alcoholic liquor for consumption on the premises of restaurants, but not for consumption off the premises of restaurants and not for resale in any form. For the purpose of this Class E license, a RESTAURANT is defined to mean a public place kept, used, maintained, advertised and held out to the public for the purpose of serving meals and where meals actually are served on a regular basis without sleeping accommodations; the public place being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable foods for its patrons; provided further that, a restaurant as herein defined shall mean an establishment with derives more than 50% of its gross sales from the sale of food. Effective 2-1-2007, the annual license fee for Class E licenses shall be $300; effective 7-1-2009, the annual fee shall increase to $500.
   (F)   Class F licenses. Class F licenses authorize the retail sale of malt beverages and vinous liquor only as defined herein which shall not be consumed on the premises where sold. Effective 7-1-2007, the annual fee for Class F licenses shall be $500; effective 7-1-2009, the annual fee shall increase to $700.
   (G)   Class G licenses. Class G licenses authorize the sale of alcoholic liquor as defined herein by hotels, motels and bed and breakfast establishments but not for consumption off the premises and not for resale in any form. For purposes of this Class G licenses, a BED AND BREAKFAST ESTABLISHMENT shall be defined as set forth in § 155.004 of this code of ordinances; a HOTEL or MOTEL shall be defined as an establishment that provides lodging on a short-term basis and other guest services, including, but not limited to, meals, swimming pool and childcare and other facilities. The annual fee for a bed and breakfast Class G license shall be $50; the annual fee for a hotel or motel Class G license shall be $100.
   (H)   Class H licenses.
      (1)   Class H licenses authorize a customer or patron to bring beer, vinous or spirituous liquor into the permitted premises to be consumed within an enclosed building on the premises; provided that:
         (a)   Said licensee shall not directly or indirectly serve, store or handle alcoholic liquor in any fashion;
         (b)   All alcoholic liquor brought into the premises must be in its original package and no open alcohol containers may be removed from the premises;
         (c)   No person under the age of 21 shall be allowed into the premises at any time when alcoholic liquor is present therein; and
         (d)   The licensee shall maintain liquor liability insurance coverage for that premises in like manner to any liquor licensee governed by this code or the state’s Liquor Control Act, being 235 ILCS 5/1-1 et seq..
      (2)   The annual fee for a Class H license shall be $250.
   (I)   Class special event retailer license. Special event retailer license shall allow the licensee to sell and offer for sale at retail beer, wine and spirituous liquor for use or consumption, but not for resale in any form and only at the location and on specific dates designated for the special event in the license. An applicant for a special event retailer license must also submit with the application proof satisfactory to the Mayor as Liquor Control Commissioner that the applicant will provide dram shop liability insurance in the maximum limits. A special event retailer license shall permit the licensee to purchase beer, wine and spirituous liquor from a state licensed distributor and to sell beer, wine and spirituous liquor only for the consumption at the location and on the dates designated for the event. Effective 7-1-2007, the license fee for special event retailer license shall be $50; effective 7-1-2009, the license fee shall increase to $100.
(1994 Code, § 111.19) (Ord. 7, passed 5-29-1939; Ord. 303, passed 2-11-1980; Ord. 389, passed 7-9-1990; Ord. 00-04, passed 2-14-2000; Ord. 2006-02, passed 4-10-2006; Ord. 2007-01, passed 1-22-2007; Ord. 12-02, passed 2-13-2012; Ord. 14-05, passed 5-27-2014)
§ 111.20 ALLOCATION OF NUMBER OF LICENSES BY CLASS.
   (A)   No more than a combined total of 15 Class A, Class B, Class C, and Class D licenses shall be issued and be in force at any one time; no more than four Class F licenses shall be issued and be in force at any one time; no more than five special event retailer licenses shall be issued and be in force at any one time.
   (B)   Notwithstanding the provisions of division (A) above, the provisions hereof shall not limit, nor prohibit, the reissuance of additional licenses of any class to the holder of any license in force in areas which may hereinafter be annexed by the city. Except as provided in division (C) below, any license reissued shall not be included in the total number of licenses allocated in division (A) above.
   (C)   Upon the lapse, non-renewal or revocation of any liquor license formerly utilized in determining the total number of licenses issued pursuant to division (A) above, a license reissued under the terms of division (B) above shall then be included in the total number of licenses to be issued under this section.
(1994 Code, § 111.20) (Ord. 7, passed 5-29-1939; Ord. 389, passed 7-9-1990; Ord. 407, passed 7-22-1991; Ord. 94-008, passed 6-27-1994; Ord. 98-05, passed 6-8-1998; Ord. 00-04, passed 2-14-2000; Ord. 2002-01, passed 1-14-2001; Ord. 2002-11, passed 7-22-2002; Ord. 05-11, passed 9-12-2005; Ord. 06-04, passed 4-24-2006; Ord. 2006-08, passed 6-27-2006; Ord. 14-05, passed 5-27-2014; Ord. 2017-01, passed 1-23-2017; Ord. 2021-01, passed 3-8-2021; Ord. 2021-02, passed 6-14-2021; Ord. 2022-02, passed 4-11-2022; Ord. 2023-01, passed 3-27-2023)
§ 111.21 LICENSE YEAR; PRORATION OF FEE.
   (A)   Each license issued pursuant to this subchapter, except the special event retailer license, shall terminate on the last day of June next following its issuance.
   (B)   The special event retailer license shall terminate on the date designated in the license when issued.
   (C)   The fee, except the fee for the special event retailer license, to be paid shall be reduced in proportion to the full calendar months which have expired on the license year prior to the issuance of the license.
(1994 Code, § 111.21) (Ord. 24, passed 3-26-1945; Ord. 389, passed 7-9-1990)
§ 111.22 PAYMENT OF FEE; REFUND IF LICENSE DENIED; DISPOSITION OF FEE.
   All fees required by this subchapter shall be paid to the Mayor, as Liquor Commissioner, at the time application for a license is made and the fees shall be forthwith turned over to the City Treasurer. In the event that license is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be deposited in the general corporate fund or such other fund as shall be designated by the Council.
(1994 Code, § 111.22)
§ 111.23 LIST OF LICENSES IN FORCE; COPIES; REVISION.
   The Mayor, as Liquor Control Commissioner, shall keep or cause to be kept, a complete record of all licenses required by this subchapter which have been issued by him or her and the Mayor shall furnish the City Clerk, the City Treasurer and the City Marshal (i.e., the Chief of Police), each with a copy of the list. Upon the issuance of any new license, or the revocation of any old license, the Mayor shall give written notice of the action to each of the officials named in this section within 48 hours of the action.
(1994 Code, § 111.23)
§ 111.24 SCOPE OF LICENSE; TRANSFERABILITY; DECEDENT’S AND INSOLVENT’S ESTATES; REFUND OF FEE.
   A license issued pursuant to this subchapter shall be purely a personal privilege, good for not to exceed one year after issuance, except special event retailer licenses, unless sooner revoked as is provided in this subchapter, and it shall not constitute property, nor shall it be the subject of attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. The license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided that, the executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate court and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the licensee or the insolvency or bankruptcy, until the expiration of the license, but not longer than six months after the death, bankruptcy or insolvency of the licensee. A special event retailer license shall be issued for a specific time period, not to exceed 15 days per licensee in any 12-month period. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license due to death or bankruptcy.
(1994 Code, § 111.24) (Ord. 389, passed 7-9-1990)
§ 111.25 RENEWAL PRIVILEGES; RIGHTS NOT VESTED.
   (A)   Any licensee, except a special event retailer licensee, may renew his or her license issued pursuant to this subchapter at the expiration thereof; provided, he or she is then qualified to receive a license and the premises for which the renewal license is sought are suitable for the purpose.
   (B)   The renewal privilege provided in this section shall not be construed as a vested right which shall, in any case, prevent the Mayor as Liquor Commissioner from decreasing the number of licenses to be issued within the city.
(1994 Code, § 111.25) (Ord. 389, passed 7-9-1990)
§ 111.26 CHANGE OF LOCATION.
   A retail liquor dealer’s license shall permit the sale of alcoholic liquor only on the premises described in the application and license. The location may be changed only upon a written permit to make the change issued by the Mayor, as Liquor Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of the state, the provisions of this code and the ordinances of the city.
(1994 Code, § 111.26)
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