(A) Fees: The following license classifications allow the holder to sell alcoholic beverages seven (7) days each week. Fees for licenses for all classifications are established in section 3-3-6 of this chapter. (Ord. 2005-8, 5-24-2005)
(B) Classes: Licenses for the sale of alcoholic liquors at retail shall be issued in the following categories or classes: (Ord. 2012-4, 2-28-2012)
1. Class R License (Restaurant With No Package Sales): To be issued only to a restaurant type of establishment, the principal business of which is the sale of food prepared on the premises for consumption on the premises. A Class R license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises only, in an enclosed building, and shall only authorize the sale of alcoholic liquor at such times that prepared meals are being sold in the same location on said premises. All licensees holding a Class R license shall file with the Commissioner on or before January 30 and July 30 of each year an affidavit signed under oath by licensee or an authorized agent of licensee setting forth the gross revenue for the previous six (6) months in each of the following categories: food, alcoholic liquor, and video gaming. The licensee shall, at any other time, provide upon the request of the Commissioner an audit report prepared by an independent certified public accountant at the expense of the licensee for a time period designated by the Commissioner.
Total gross revenues from the sale of alcoholic liquor by a restaurant having a Class R license shall not exceed fifty percent (50%) of the total gross revenues from the combined sale of food and alcoholic liquor on the premises in any calendar year.
Total gross revenues from video gaming for a Class R license shall not exceed fifty percent (50%) of the total gross revenues from the combined sale of food and alcoholic liquor and video gaming on the premises in any calendar year.
The fact that fifty percent (50%) or more of the combined gross revenues from sale of food and alcoholic liquor is derived from the sale of alcoholic liquor alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter.
The fact that fifty percent (50%) or more of the combined gross revenues is derived from video gaming alone shall be prima facie evidence that the licensed premises is not a restaurant within the meaning of this chapter. (Ord. 2017-16, 12-11-2017)
2. Class P-1 License (Package Only): A Class P-1 license shall entitle the licensee to sell alcoholic liquor in the original packages not to be consumed on the premises where sold.
3. Class P-2 License (Beer And Wine Package): A Class P-2 license shall entitle the licensee to sell beer and/or wine in the original packages not to be consumed on the premises where sold.
4. Class T-1 License (Special Events): A Class T-1 license may be issued to civic, service, charitable or other not for pecuniary profit organizations for premises on private property. No alcoholic beverage may be sold or consumed within ten feet (10') of any public street open to vehicular traffic. A Class T-1 license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises or within the area(s) specified and designated on the license application and the license, and only during the hours specified on the days designated on the license application, and on the license. Class T-1 licensees must comply with all the provisions of this chapter and any amendments thereof, and all special restrictions or requirements provided in the license. Class T-1 licenses shall be issued for no more than ten (10) days.
5. Class T-2 License (Special Events): A Class T-2 license may be issued to a current liquor license holder for an area which the liquor licensee owns or has the right to use, which is contiguous to and which extends no farther than one hundred feet (100') from the business premises for which the liquor licensee holds an existing license. A Class T-2 license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises or within the area(s) specified and designated on the license application and the license, and only during the hours specified on the days designated on the license application, and on the license. Class T-2 licensees must comply with all provisions of this chapter and any amendments thereof, and all special restrictions or requirements provided in the license. Class T-2 licenses shall be issued for no more than ten (10) days.
6. Class T-3 License (Special Events): A Class T-3 license may be issued to a current Village of St. Joseph liquor license holder for an area which is owned by the Village of St. Joseph, or other government or not for profit entity and which the liquor licensee has the written permission from the owner to use for this purpose. A Class T-3 license shall entitle the licensee to sell alcoholic liquor at retail by the drink for consumption on the premises or within the area(s) specified and designated on the license application, and on the license, and only during the hours specified on the days designated on the license application, and on the license. Class T-3 licensees must comply with all provisions of this chapter and any amendments thereof, and all special restrictions or requirements provided in the license. Class T-3 licenses shall be issued for no more than ten (10) days.
7. Class OC License (Outdoor Café):
(a) A Class OC outdoor café license shall permit the retail sale of alcoholic liquor by any person holding a Class R or Class MB/W-2 license upon adjacent public property if approved by the Village Board of Trustees, or upon the licensee's outdoor private property designated in an outdoor café permit on the licensed premises during the hours of eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. Monday through Saturday and twelve o'clock (12:00) noon to eleven o'clock (11:00) P.M. on Sunday, provided that a valid outdoor café permit has been issued, pursuant to this chapter.
(b) During the times when alcoholic liquor may be served under the Class OC license the licensee shall:
(1) Not allow or permit any customer, employee or other person to remove open alcoholic liquor from the area designated in the outdoor café permit or the service premises of the licensee.
(2) Not serve, allow or permit any person to be served, be in possession of, or consume alcoholic liquor in the area designated in the outdoor café permit unless that person is utilizing the seating which has been provided in accordance with the site plan approved with the outdoor café permit.
(3) Provide table service, which may include incidental, snack food service, in the outdoor cafe area during the hours when alcoholic liquor is permitted to be served.
(4) Abide by other specific requirements imposed by the Liquor Control Commissioner or Board of Trustees and described in the permit.
(c) The outdoor café area shall be subject to all provisions of this chapter as though the outdoor café area was a part of the licensee's service premises during the times permitted by this section for alcoholic liquor sales.
(d) Prior to the issuance of a Class OC outdoor café license the licensee shall provide proof of liquor liability (dramshop) insurance. In the event the license permits sale and consumption of liquor on public property, the policy shall name the Village of St. Joseph as an additional insured, and licensee, by accepting such license, shall indemnify and hold the Village harmless from any action, proceeding or claim of liability asserted against the Village as a result of or in any way related to the operation of an outdoor café. Failure by the licensee to maintain the insurance required by this section shall result in the revocation of the license. (Ord. 2012-4, 2-28-2012; amd. Ord. 2019-6, 11-12-2019)
8. Class MB/W Licenses (Microbrewery/Winery):
(a) Class MB/W-1 Licenses:
(1) A Class MB/W-1 license shall permit the licensee to:
a. Manufacture spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages on the premises of the licensee in quantities of no more than four hundred sixty-five thousand (465,000) gallons (fifteen thousand (15,000) barrels) per year;
b. Sell licensee's manufactured spirits, beer, ale, wine, honey, and fruit or malt-based alcoholic beverages to importing distributors and distributors;
c. Sell to other liquor licensees which are licensed to sell at retail alcoholic beverages including spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages; and
d. Store and inventory on the licensed premises such spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages manufactured by the licensee.
(2) In the event that a Class MB/W-1 licensee applies for and is granted a Class MB/W-2 license, the Class MB/W-1 license fee shall be rebated to licensee on a prorated basis for the period when the Class MB/W-2 license is issued through the following April 30.
(b) Class MB/W-2 Licenses:
(1) A Class MB/W-2 license shall permit the licensee to:
a. Engage in the same manufacturing, storing and inventory activity which holders of Class MB/W-1 licenses are permitted to do;
b. Obtain a single and separate liquor license which allows the Class MB/W-2 licensee to sell the licensee's manufactured spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages to the general public for on-premises and/or off-premises consumption and/or provide for tasting of the licensee's manufactured spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages on the licensee's premises;
c. Sell goods and products, other than alcoholic beverages, incident to the manufacture and retail sale of the spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages; and
d. Sell spirits, beer, ale, wine, honey, and other fruit or malt-based alcoholic beverages to the general public upon public property adjacent to licensee's leased or owned premises, which use has been approved by the Village Liquor Commissioner and a Class OC license is obtained.
(2) In the event that the licensee intends to make or produce food products in a kitchen for service and human consumption on the Class MB/W-2 licensee's premises, or upon public property adjacent to licensee's leased or owned premises, a Class R license shall be obtained and such licensee shall comply with all local and state public health codes concerning the preparation and service of such food.
(3) Applicants for a Class MB/W-2 license must either have another class of liquor license other than a Class MB/W-1 license or apply simultaneously for another class of liquor license other than a Class MB/W-1 license (eg., R, P2, OC).
(4) In the event that a Class MB/W-1 licensee applies for and is granted a Class MB/W-2 license, the Class MB/W-2 license fee shall be prorated from the date the Class MB/W-2 license is issued through the following April 30.
(5) A Class MB/W-2 licensee shall not be required to give notice to the local liquor control commissioner in order to conduct sampling and/or tasting activities, notwithstanding other provisions of this chapter.
(6) A Class MB/W-2 licensee may maintain separate addresses and/or premises to conduct the separate activities covered under this section, which shall not require the licensee to maintain separate licenses for each address or premises, notwithstanding other provisions of this chapter, provided that all addresses/premises and activities thereon are disclosed in the license application and approved by the Village Liquor Commissioner.
(7) Licensee may further engage in all activities permitted under the Liquor Control Act, as amended, and the regulations promulgated thereunder. (Ord. 2019-6, 11-12-2019)
(C) Sampling:
1. A retail licensee may conduct wine sampling/tasting for consumption at a retail location currently licensed to sell wine in the Village. Up to three (3) samples, consisting of no more than one ounce of wine may be served to a consumer in one day, provided that the Local Liquor Control Commissioner must be notified in advance, in writing, of any sampling/tasting practice and must approve of the same.
2. The term "sampling" or "tasting" as used herein means a supervised presentation of alcoholic products to the public on the premises of a licensed retailer for the purpose of disseminating product information and education, with consumption of wine products being an incidental part thereof.
3. The person serving the wine shall be at least nineteen (19) years of age.
4. All State and Village ordinances shall be followed. (Ord. 2010-3, 2-23-2010)