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Swansea Overview
Swansea, IL Code of Ordinances
SWANSEA, 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
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 115.42 IDENTIFICATION REQUIRED.
   If a licensee or his or her agents or employees believes, or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public office in the performance of his or her official duties.
(Prior Code, § 9-320)
Statutory reference:
   Related provisions, see 235 ILCS 5/6-20
§ 115.43 TRANSFER OF IDENTIFICATION CARD.
   No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this chapter. The consumption of alcoholic liquor by any person less than 21 years of age is forbidden.
(Prior Code, § 9-321) Penalty, see § 10.99
Statutory reference:
   Related provisions, see 235 ILCS 5/6-20
§ 115.44 RESTRICTIONS ON THE OUTSIDE CONSUMPTION OF ALCOHOLIC BEVERAGES.
   While Class A and Class C liquor licenses allow consumption on the premises set forth in the license application and the premises to which the license is issued, no such license shall sell, give, deliver or allow to be consumed, any alcoholic liquor on said premises, except within the building and any designated and approved outdoor area located on said premises. It shall be unlawful for any license to allow the consumption of alcohol in any area of the premises not specifically approved by the Local Liquor Commissioner and the issued licenses.
   (A)   Designated outdoor areas; ongoing.
      (1)   Any new establishment that will include an outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, shall specifically designate, describe and depict each such area in its application for a Class A or Class C liquor license.
      (2)   Any existing Class A or Class C liquor license establishment that wishes to add an outdoor area where alcoholic- liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, shall submit each such area to the President of the Village Board of Trustees as the Local Liquor Control Commissioner of the village, for approval prior to selling, giving, delivering or allowing the consumption of alcohol within said area.
      (3)   If approval for an outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed on an ongoing basis, is granted by the President of the Village Board of Trustees, the premises set forth in the license application and the premises to which the license is issued shall be considered amended to include the designated and approved outdoor area, and thereafter the licensee shall be allowed to sell, give, deliver or allow the consumption of alcohol within said area.
      (4)   The licensee shall notify its insurance carrier and ensure that dram shop and all other applicable liability insurance coverage is extended to also cover all designated and approved outdoor areas.
      (5)   Any fence, landscaping, screening, partitions or other structures around any such designated and approved outdoor area, shall at all times allow a clear, open view into the area, similar to that already required within the licensed building by § 115.26 of the Swansea Municipal Code.
   (B)   Designated outdoor areas temporary.
      (1)   Any existing Class A or Class C liquor license establishment that wishes to establish a temporary outdoor area where alcoholic liquor will be sold, given, delivered, or allowed to be consumed during a special event, including, but not limited to, St. Patrick's Day and Cinco de Mayo, must first secure written approval from the President of the Village Board of Trustees.
      (2)   Any such request shall be in writing specifically identifying and depicting the area of the licensed premises to be designated as the temporary outdoor area. Request should be made at least 30 days in advance.
      (3)   The President of the Village Board of Trustees shall consult with the Chief of Police, and after doing so may require specific safety and security plans from the licensee prior to approval of any special event,
      (4)   Any approval granted for such a temporary outdoor area shall be in writing, with notification also to the Chief of Police, and shall extend the premises set forth in the license application and the premises lo which the license is issued to include the designated and approved temporary outdoor area, but only for the time period specified, not to exceed 48 hours.
      (5)   The licensee shall notify its insurance carrier and ensure that dram shop and all other applicable liability insurance coverage is extended to also cover all temporary outdoor areas.
      (6)   Any fence, landscaping, screening, partitions or other structures around any such designated and approved temporary outdoor area, shall at all times allow a clear, open view into the area, similar lo that already required within the licensed building by § 115.26.
   (C)   Open alcohol or liquor outside the licensed premises. It shall be unlawful for any person to take open alcohol or liquor outside or beyond any specifically designated and licensed premises, provided, however, that a patron may remove one unsealed and partially consumed bottle of wine for off-premise consumption from a restaurant if that patron purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises, or consumed a portion of the bottle of wine on the winery premises, and the partially consumed bottle of wine that is lo be removed from either premise is securely scaled by the licensee in a transparent one-time use, tamper-proof bag, and the licensee provides a elated receipt for the bottle of wine to the patron, but only as permitted by 235 ILCS 5/6-33 as it is then in effect.
(Ord. 1774, passed 3-6-2017) Penalty, see § 10.99
§ 115.45 POSTING WARNING.
   (A)   In every licensed business where alcoholic liquor is sold, there shall be displayed at all times in a prominent place, a printed card which shall read as follows:
 
WARNING TO MINORS
You are subject to a fine up to $500.00 under the ordinances of this municipality if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.
 
   (B)   It shall be unlawful for any holder of a retail liquor license, or his or her agent or employee, to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to, or situated in the room or place where such licensed premises is located; provided that, this division (B) shall not apply to any minor who is accompanied by his or her parent or guardian, or any licensed premises which derives its principal business from the sale of services or other commodities other than alcoholic liquor.
(Prior Code, § 9-323) Penalty, see § 10.99
§ 115.46 EXCLUSIONARY PROVISION.
   The possession and dispensing, or consumption, by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home is not prohibited by this chapter.
(Prior Code, § 9-324)
Statutory reference:
   Related provisions, see 235 ILCS 5/6-20
§ 115.47 INSPECTIONS.
   It shall be unlawful to refuse to grant admittance to the premises for which a license has been issued at any time upon the verbal request of any police officer, the health officer or any member of the Village Board of Trustees, for the purpose of making an inspection of such premises, or any part thereof.
(Prior Code, § 9-325) Penalty, see § 10.99
Statutory reference:
   Related provisions, see 235 ILCS 5/4-2, 5/4-4
VIOLATIONS
§ 115.60 OWNER OF PREMISES PERMITTING VIOLATION.
   If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment.
(Prior Code, § 9-401)
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