Loading...
§ 111.03 CLASSES OF LICENSES; NUMBER; FEES.
   Licenses required by this chapter are hereby divided into the following classifications.
   (A)   Class A.
      (1)   A Class A license shall authorize the retail sale of alcoholic liquors, for consumption only on the premises specified; except that, there shall be no sales or consumption on the premises between the hours of 4:00 a.m. and 11:00 a.m. on Monday through Sunday mornings by anyone, including the licensee and his or her agents and employees.
      (2)   There shall be issued no more than five Class A licenses, for which a fee of $10,000 per year shall be assessed, in semi-annual installments of $5,000 each, on May 1 and November 1 each year.
   (B)   Class AA.
      (1)   Class AA license shall authorize the retail sale of alcoholic liquors, for consumption only on the premises specified; except, there shall be no sales or consumption on the premises between the hours of 5:00 a.m. and 11:00 a.m. by anyone, including the licensee and his or her agents and employees.
      (2)   There shall be issued no more than two Class AA licenses, for which a fee of $18,000 per year shall be assessed, in semi-annual installments of $9,000 each, on May 1 and November 1 each year.
   (C)   Class B.
      (1)   A Class B license shall authorize the retail sale of alcoholic liquors, for consumption only on the premises specified; except that, there shall be no sales or consumption on the premises between the hours of 2:00 a.m. and 11:00 a.m. by anyone, including the licensee and his or her agents and employees.
      (2)   There shall be issued no more than six Class B licenses, for which a fee of $5,000 per year shall be assessed, in semi-annual installments of $2,500 each on May 1 and November 1 each year.
   (D)   Class C.
      (1)   A Class C license shall authorize the retail sale of alcoholic liquors, but not for consumption on the premises where sold, prohibiting the sale between the hours of 3:00 a.m. and 11:00 a.m. by anyone, including the licensee or his or her agents and employees.
      (2)   There shall be issued no more than four (packaged goods) Class C licenses, for which a fee of $3,000 per year shall be assessed, in semi-annual installments of $1,500 each, on May 1 and November 1 each year.
   (E)   Class CC.
      (1)   A Class CC license shall authorize the retail sale of alcoholic liquors (packaged goods) and allow alcoholic liquors for consumption only on premises specified; except that, there shall be no sales or consumption on the premises between 3:00 a.m. and 11:00 a.m. by anyone including the licensee and his or her agent and employees.
      (2)   There shall be issued no more than one (package good and consumption) Class CC license for which a fee of $6,500 per year shall be assessed in semi-annual installments of $3,250 each, on May 1 and November 1 each year.
   (F)   Class D.
      (1)   A Class D license shall authorize and be restricted to the sale of beer and wine for consumption on the premises; except, there shall be no sales between the hours of midnight and 11:00 a.m. by anyone, including the licensee and his or her agents and employees.
      (2)   There shall be issued no more than three (beer and wine) Class D licenses, for which a fee of $2,000 per year shall be assessed, in semi-annual installments of $1,000 each, on May 1 and November 1 each year.
   (G)   Class DD.
      (1)   A Class DD license shall authorize the retail sale of alcoholic liquors, for consumption only on the premises specified; except, there shall be no sales or consumption on the premises between the hours of midnight and 11:00 a.m. by anyone, including the licensee and his or her agents and employees.
      (2)   There shall be issued no more than two Class DD licenses, for which a fee of $4,000 per year shall be assessed, in semi-annual installments of $2,000 each, on May 1 and November 1 each year.
   (H)   Class V.
      (1)   A Class V license shall authorize and be restricted to the sale of liquor for consumption on the premises where the major and primary business is that of a restaurant/café. Dancing, entertainment and live music furnished for the entertainment of customers shall not be allowed under this license; except, there shall be no sales between the hours of 2:00 a.m. and 8:00 a.m. by anyone, including the licensee and his or her agents and employees. Additionally, the restaurant/café shall be required to generate more than 50% of its gross revenue from the sale of food. The village shall be permitted to audit the records of the license annually; if the license fails to meet the gross revenue requirement for two years within a ten-year period, the liquor license shall be immediately revoked.
      (2)   There shall be issued no more than one Class V license, for which a fee of $6,000 per year shall be assessed, in semi-annual installments of $3,000 each, on May 1 and November 1 each year.
(Prior Code, § 111.03) (Ord. 91-11, passed 4-20-1992; Ord. 93-4, passed 11-15-1993; Ord. 93-8, passed - -1993; Ord. 01-10, passed 8-28-2001; Ord. 01-12, passed 9-11-2001; Ord. 01-16, passed 10-9-2001; Ord. 02-06, passed 3-12-2002; Ord. 02-27, passed 8-27-2002; Ord. 02-31, passed 11-26-2002; Ord. 03-03, passed 3-11-2003; Ord. 03-31, passed 12-9-2003; Ord. 04-12, passed 5-12-2004; Ord. 04-23, passed 6-22-2004; Ord. 05-07, passed 3-22-2005; Ord. 06-04, passed 2-28-2006; Ord. 06-09, passed 6-27-2006; Ord. 06-17, passed 11-6-2006; Ord. 08-04, passed 2-26-2008; Ord. 08-06, passed 4-22-2008; Ord. 09-06, passed 8-11-2009; Ord. 09-08, passed 11-24-2009; Ord. 10-09, passed 8-19-2010; Ord. 11-12, passed 4-12-2011; Ord. 11-15, passed 5-24-2011; Ord. 18-04, passed 2-13-2018; Ord. 18-21, passed 7-24-2018; Ord. 19-11, passed 8-13-2019; Ord. 19-24, passed 12-10-2019; Ord. 20-04, passed 3-10-2020; Ord. 21-01, passed 1-12-2021; Ord. 21-05, passed 4-13-2021; Ord. 21-10, passed 5-11-2021) Penalty, see § 111.99
§ 111.04 APPLICATIONS.
   (A)   No license shall be issued hereunder, unless the applicant shall have first submitted a written application to the Local Liquor Commissioner on the form, or forms as are then in use, and submitted himself or herself for an oral interview with the Local Liquor Commissioner, to answer the questions as the Local Liquor Commissioner deems appropriate to the issuance of a license.
   (B)   The term APPLICANT, as used herein, shall include all partners, officers (in the case of a corporation) and shareholders, owning more than 5% of the corporate stock. Each applicant shall submit himself or herself and any documentation required by the Local Liquor Commissioner at the times and places requested by the Local Liquor Commissioner.
   (C)   Applicants should be prepared to furnish copies of relevant documents, such as insurance policies, leases and the like and shall submit to being fingerprinted and photographed.
   (D)   All applications shall be accompanied by a processing fee which is mandated by the state.
(Prior Code, § 111.04) (Ord. 91-11, passed 4-20-1992) Penalty, see § 111.99
§ 111.05 RESTRICTIONS ON LICENSES.
   (A)   Licenses hereunder are not transferable. In the case of death or bankruptcy, the spouse, executor or trustee may operate the business under the existing license for a period not to exceed six months after the death or bankruptcy.
   (B)   No license may be moved to any premises not described in the application without the approval, in writing, of the Local Liquor Commissioner.
   (C)   No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church or school; provided that, this prohibition shall not apply to hotels offering restaurant service, or to restaurants or food shops where the sale of alcoholic liquors is not the principal business carried on, if the place of business so exempted shall have been established for such a purpose prior to the taking effect of this code, and provided further, that in the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
   (D)   No liquor establishment shall restrict access to its premises by having a door that impedes an immediate and unannounced inspection by any officer of the law (i.e., a door that requires the establishment to buzz in its patrons).
   (E)   No license shall be issued for the sale at retail of any alcoholic liquor where the size of said bottle is less than 200 milliliters, the sale of mini bottles is strictly prohibited.
(Prior Code, §111.05) (Ord. 91-11, passed 4-20-1992; Ord. 98-6, passed 9-21-1998; Ord. 17-17, passed 9-12-2017; Ord. 18-08, passed 3-13-2018) Penalty, see § 111.99
§ 111.06 SANITATION AND SAFETY.
   (A)   All licensees must conduct their business in premises which are at all times kept in a clean and sanitary condition. This applies to places of storage as well.
   (B)   No one may be employed in a licensed premises who is afflicted with, or who is a carrier of any contagious, infectious or venereal disease. All employees shall be ordered by the licensee to comply with any request of the Village Health Officer for examination or testing. Failure of any employee to cooperate may result in revocation of license.
(Prior Code, §111.06) (Ord. 91-11, passed 4-20-1992; Ord. 16-08, passed 5-10-2016) Penalty, see § 111.99
§ 111.07 HEARINGS.
   (A)   The Local Liquor Commissioner may conduct hearings to suspend or revoke licenses issued by him or her. However, the hearings must be initiated by notice to the licensee containing a summary of the alleged violation at least seven days prior to the date set for the hearing, giving the licensee an opportunity to appear and defend. An official record of the hearing shall be recorded by a certified court reporter. All hearings shall be open to the public.
   (B)   The Code of Civil Procedure, being ILCS Ch. 735, Act 5, of the state shall not apply to the hearings, but no determination may be based solely on hearsay evidence.
   (C)   Continuances may be obtained when requested 72 hours in advance by notice to the Local Liquor Commissioner or the Village Attorney.
   (D)   Following the hearing as previously provided for, the Local Liquor Commissioner may find:
      (1)   The local liquor license shall be revoked;
      (2)   The local liquor license shall be suspended for a period not to exceed 30 days;
      (3)   The licensee be fined an amount not to exceed $500;
      (4)   The licensee be given a warning (which disposition shall not be repeated within five calendar years in any hearing involving the same premises and the same licensee);
      (5)   The Local Liquor Commissioner may reduce the licensee’s permitted hours of operation; and/or
      (6)   In addition to any of the above, that costs of holding the hearing may be assessed against the licensee.
   (E)   All orders of the Local Liquor Commissioner following the hearing shall be in writing, contain the reason thereof or, and a copy served on the licensee within 30 days of the date of hearing.
   (F)   (1)   The penalties provided for following hearings of the Local Liquor Commission shall in no way effect the right of the village or the state with respect to filing charges for criminal or quasi-criminal offenses and in punishing for the criminal or quasi-criminal violations.
      (2)   Further, the hearing shall in no way effect any penalties provided for in accordance with § 111.99.
(Prior Code, § 111.07) (Ord. 91-11, passed 4-20-1992) Penalty, see § 111.99
§ 111.08 APPEALS.
   Appeals from filings of the Liquor Commissioner shall be limited to a review of the official record of the proceedings by the State Commission.
(Prior Code, § 111.08) (Ord. 91-11, passed 4-20-1992) Penalty, see § 111.99
§ 111.09 ABATEMENT OF REVOKED, SURRENDERED, AND DORMANT LICENSES.
   (A)   Any time a liquor license is revoked, surrendered, or becomes dormant the number of liquor licenses within that respective liquor license class shall automatically be reduced by one. When the number of liquor licenses within a respective class is reduced by this section, the Liquor Control Commissioner will notify the Village Clerk who is hereby authorized and directed to immediately codify the corrected maximum number of liquor licenses available for that respective class.
   (B)   The Liquor Control Commissioner shall provide written notice or acknowledgment to the licensee of the abatement of the liquor license resulting from the revocation, surrender or determination of abatement of license.
   (C)   The Liquor Control Commissioner upon convening a hearing may issue a determination of a dormant license and abate the number of liquor licenses within that respective class when any of the following circumstances occurs:
      (1)   A license shall be rendered dormant and shall abate when the licensed premises has been closed or when no alcoholic liquor has been sold or served on the premises for 30 days, and no request for transfer to a new location or request for an extension of time has been received and granted by the Local Liquor Control Commissioner.
      (2)   A license shall be rendered dormant and shall abate immediately when a licensee sells or otherwise conveys the licensed premises, and such license shall be deemed to have been surrendered to the Local Liquor Control Commissioner.
(Ord. 18-04, passed 2-13-2018; Ord. 18-21, passed 7-24-2018)
Loading...