A. Location Restrictions:
1. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school (other than an institution of higher learning), hospital, home for the aged or indigent persons or for veterans, their wives or children, or any military or naval station; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where the sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of this chapter..
2. Except in the case of wineries that have bed and breakfast facilities, hotels, and clubs, no alcoholic liquor shall be sold at retail upon any premises which has any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purpose and which is permitted to be used or kept accessible for use to the public. This provision shall not prevent any connection between such premises and such other portion of the building or structure which is used only by the licensee, their family, and personal guests.
3. Stores Selling School Supplies, Lunches, Etc.: No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of schoolbooks, school supplies, food, lunches, or drinks for such minors.
4. Upon request of an applicant, the Commissioner may grant an exemption to these prohibitions.
B. Sanitary Conditions: All Licensed Premises shall be kept in full compliance with the applicable laws, ordinances, rules and regulations regulating the condition of premises used for the storage or sale of food for human consumption.
C. Sale, Delivery And Consumption On Village Property:
1. Sale Prohibited; Exception: It shall be unlawful for any person, organization, group of individuals or any entity or group of any type or kind to sell, deliver or consume alcoholic liquors on any Village property, building, or park, except that alcoholic liquors may be sold and consumed at 10 Municipal Drive, Sugar Grove, IL 60554.
2. Allowable Sale And Consumption: Such sale and consumption of alcoholic liquors will be allowed only in conjunction with the use of the village hall parking lot by those entities specified in subsection 3-2-6M5 of this chapter, and not to be allowed otherwise. This section shall not legalize the sale and consumption of alcoholic liquors in village hall at any place other than those stated herein and such sale or consumption must be in conjunction with the use of the village hall parking lot for community events only. Sale and consumption of alcoholic liquors at village hall, except as otherwise provided herein, shall be unlawful.
3. Application For Use Of Village Hall Parking Lot: Any person, group, organization, or entity, which desires to sell or consume alcoholic liquors at the village hall parking lot during its use of same, must so indicate on its application for use of the village hall. Village staff is authorized to develop appropriate forms for said application.
D. Alcoholic Liquor In Territory Annexed To Village:
1. Petition For Change Of Status: Upon the filing of a verified petition, in conformance with 235 Illinois Compiled Statutes 5/9-9 et seq., as amended, with the board of trustees of the Village, the board of trustees by ordinance may provide that the status of the area annexed into the Village be changed so as to allow the sale of alcoholic liquor within said annexed area, subject to the same restrictions, rules, regulations and laws in effect on all other land within the Village.
2. Information Required: In addition to any requirements of the above referenced statute with respect to the form of petition to be submitted to the village, said petition must contain the following information:
a. The legal description of such territory;
b. The date of annexation;
c. A statement under oath as to whether there are any legal voters residing within said area, and if in fact there are legal voters residing within the area, the number of legal voters residing therein;
d. A request for an ordinance authorizing the change in status for said territory.
3. Finding By Board: Upon a finding by the board of trustees that the statements contained in said petition are true and that said petition conforms in all respects with this subsection and the Act, the board of trustees may enact an ordinance authorizing the sale of alcoholic liquor within said annexed area. Such change in status shall allow the sale of alcoholic liquor within said annexed area, subject to the rules, regulations, ordinances and laws of the village affecting all other land within the Village. Further, no specific sale of alcoholic liquor shall be authorized unless the Village therefor has issued a license.
E. Change Of Location: A license issued hereunder shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only when and upon the written permit to make such change shall be issued by the Commissioner. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this section.
F. Miscellaneous Provisions:
1. Entertainment:
a. Entertainment shall be allowed for all licenses that allow for consumption of alcoholic liquor on the premises.
2. Lingerie; Explicit Clothing: No licensee shall allow the sale, modeling or display of lingerie or sexually explicit clothing on the Licensed Premises.
3. Prohibited Conduct: The following kinds of conduct are prohibited:
a. The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, or any sexual acts.
b. The actual or simulated touching, caressing, or fondling of the breasts, buttocks, anus, or genitals.
c. The actual or simulated displaying of the breasts, buttocks, pubic hair, anus, vulva, or genitals.
d. The permitting, by a licensee, of any person to remain in or upon the Licensed Premises who exposes to public view his or her entire breasts, genitals, vulva or anus.
e. The displaying of moving pictures or photographic slide presentations depicting intercourse, masturbation, sodomy, bestiality, oral copulation, or any sexual act.
4. Sound Amplification: Must comply with Chapter 5 Noise Control of this Code. (Ord. 2004-06-15B, 6-15-2004; amd. Ord. 2007-12-04A, 12-4-2007; Ord. 2022-1206A, 12-6-2022)