§ 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)