A. Classifications And Fees:
1. Initial License Fee: Persons or firms that do not currently hold a valid City liquor license shall pay an initial application fee as set out in the City of Sycamore Consolidated Fee Schedule. This fee is in addition to, and not in place of, any license renewal fees that may apply on an annual basis. Persons or firms that are presently licensed and that may apply for a license in another classification, as defined by this Code, are exempt from this initial application fee. The Liquor Commissioner may, with or without special conditions, modify or waive the initial license fee at his/her discretion with the concurrence of the City Council.
2. Class A; Restaurants: Class A licenses shall apply to establishments that meet the definition in section 3-2-1 of this chapter whose primary purpose is that of serving food to be consumed on premises. This license authorizes the sale of alcoholic liquors for consumption on the premises only, and the sale of alcoholic liquors for consumption off the premises in the context of a catered event permitted by the Local Liquor Control Commissioner and this Code. The annual fee for such licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule. Class A licensees may not sell package liquors. Any lawful restaurant on the effective date hereof that does not conform to the provisions of this section or this Code by virtue of its retail sale of gourmet wines and beers from an attached but separate space on the premises may be continued.
3. Class B; Bar:
a. Class B licenses authorize the retail sale of alcoholic liquors where the primary purpose of the establishment is for the consumption of such alcoholic liquors on the premises, and food service may or may not be included. This license shall apply to establishments where the sale of alcoholic beverages for consumption on premises constitutes at least eighty percent (80%) of the gross annual receipts for alcoholic beverages. Bars may also sell package liquors, but under no circumstances may a bar be converted to a package goods store unless in conformance with the provisions of this Code and by the licensing authority of the Illinois Liquor Control Commission. The annual fee for Class B licenses shall be
as set out in the City of Sycamore Consolidated Fee Schedule.
Bars that sell package goods shall pay an additional annual fee
as set out in the City of Sycamore Consolidated Fee Schedule.
Bars with State video gaming licenses must dedicate no more than twenty-five percent (25%) of floor space to video gaming in order to maintain eligibility for a Class B license. Additionally, the annual receipts derived from beverage and food sales must be at least fifty-one percent (51%) of the Gross Annual Receipts as defined in Section 3-2-1. The purpose of this calculation is to ensure that any licensee with a Class B license maintains operations of a traditional bar with ancillary food service as its primary business function and source of revenue.
b. Class B license holders have the option to receive an annual permit for indoor catered events for an additional annual fee
as set out in the City of Sycamore Consolidated Fee Schedule.
This additional license holder would receive an annual permit and would waive the requirement to obtain a permit for each indoor catered event.
4. Class C; Club: Class C licenses shall apply to establishments that meet the definition in section 3-2-1 of this chapter. The annual fee for such licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule. Clubs may sell package goods, and any clubs that sell package goods shall pay an additional annual fee as set out in the City of Sycamore Consolidated Fee Schedule.
5. Class D; Package Goods Store: Class D licenses authorize the sale of alcoholic liquor for consumption off the premises. The annual fee for such licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule.
6. Class E; Recreation: The annual license fee for Class E licenses shall as set out in the City of Sycamore Consolidated Fee Schedule.
a. Bowling Alley: A Class E license may authorize the sale of alcoholic liquors for consumption on or off the premises of a bowling alley, provided the establishment shall contain no less than twenty four (24) lanes for bowling.
b. Golf Course: A Class E license may authorize the sale of alcoholic liquors for consumption on the premises of an 18-hole golf course subject to the provisions of section 3-2-1 of this chapter provided only those persons who have attained the age of twenty one (21) years may pour or serve liquor in such facilities. An additional annual license fee as set out in the City of Sycamore Consolidated Fee Schedule shall be charged for the operation of an attached outdoor service area where alcoholic beverages are sold or consumed. Furthermore, an annual license fee shall be charged for the privilege of having beverage carts on the golf course as set out in the City of Sycamore Consolidated Fee Schedule.
c. Theater: A Class E license may authorize the sale of draught and bottled beer, wine and wine coolers for consumption on the premises when sold in non-breakable containers which must be of a different color, size or material and design than those in which nonalcoholic beverages are served. Alcoholic beverages may be consumed in the theater auditorium but may not be delivered or served in any theater auditorium. A licensee shall maintain a “bar” or counter for serving purposes only. Said bar shall not comprise more than twenty percent (20%) of the floor area outside of the auditoriums. No more than one alcoholic beverage may be served to a customer in any one trip to the bar. All customers purchasing alcoholic beverages shall receive and wear a wrist band that clearly delineates them as being of the legal consumption age. It shall be unlawful for such licensee to sell any other alcoholic beverage on the licensed premises in any manner or form. The annual license fee for “theater” licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule.
d. Event Venue: A Class E license may authorize the sale of alcoholic liquors for consumption on the premises of an Event Venue subject to the provisions of section 3-2-1 of this chapter. A licensee shall maintain a “bar” or counter for serving purposes only. The annual license fee for an Event Venue shall be as set out in the City of Sycamore Consolidated Fee Schedule.
7. Class F; Beer And Wine Sales For Consumption Off The Premises: A Class F license shall authorize the retail sale of beer or wine only in convenience and food/fuel establishments, in their original packages, for consumption off the premises where sold. Such licenses shall be issued only where the sale of beer or wine is not the principal product offered for sale by the business on the premises, and only for locations which have a minimum of one thousand (1,000) square feet of sales area on the interior of the building located on the premises. Not more than twenty five percent (25%) of the total square footage of the interior of the premises may be allocated toward the sale of beer or wine. Only persons twenty one (21) years of age or older shall be permitted to sell beer and wine on the premises. The annual fee for a Class F license shall be as set out in the City of Sycamore Consolidated Fee Schedule.
8. Class G:
a. Class G licenses, which shall authorize the retail sale of alcoholic liquor for consumption on the premises only and for a period of twenty four (24) hours or less. This license shall only apply to catered functions or special events for not-for-profit applicants and purposes. No person, firm or organization may obtain a Class G license more than once in a period of three hundred sixty five (365) consecutive days. No more than one Class G license shall be issued per twenty four (24) hour period by the City. No Class G license shall be issued in any area of the City of Sycamore that is zoned R-1, Single-Family Residential District; R-2, Two-Family Residential District; or R-3, Multiple-Family Residential District. Applicants shall provide proof of obtaining a special event permit from the State of Illinois Liquor Control Commission before the issuance of a Class G license. All applications shall be forwarded to the Liquor Commissioner and Building Commissioner for a recommendation on the maximum number of persons to be allowed on the licensed premises based on the applicable provisions contained in the Building Code adopted by the City of Sycamore. The fee for said license shall be as set out in the City of Sycamore Consolidated Fee Schedule.
b. Applicant shall provide evidence of proper dram shop insurance issued by a company with a B+ rating or better, in a class of 7 or better. Said insurance policy shall be nonassessable and include the following minimum limits of coverage: bodily injury per person, one hundred thousand dollars ($100,000.00); bodily injury per occurrence, three hundred thousand dollars ($300,000.00); injury to means of support, one hundred thousand dollars ($100,000.00) and, property damage, one hundred thousand dollars ($100,000.00).
c. There shall be a minimum of one Liquor Supervisor for every one hundred (100) persons in attendance during the hours of the license. The Liquor Supervisors shall be members of the organization holding the license. The Liquor Supervisors shall ensure the maintenance of the public peace. Each Liquor Supervisor shall wear an identifying badge during the hours of the event. All badges shall identify the Liquor Supervisor and the organization. In addition, any organization receiving a Class G license shall have one certified alcohol server present at all times during which alcohol is served.
d. Any application for a Class G license for an out of doors location shall be accompanied by a statement outlining the procedures to be used to contain the consumption of liquor on the licensed premises only, control littering, and provide adequate restroom facilities. The prohibition against carrying or possessing alcoholic liquor except in the original container with the seal unbroken in section 5-4-12 of this Code shall not apply on premises which have been issued a Class G license under this section.
e. All premises licensed Class G shall have posted in a conspicuous place at each entrance to the area where alcoholic liquor is being served and consumed on the premises, a sign stating the following:
YOU MUST BE 21 YEARS OLD TO ENTER THESE PREMISES
f. The Class G license shall not be issued during Pumpkin Festival week, i.e., the last full week of October in each year.
9. Class H: Class H licenses shall authorize the retail sale of beer or wine, brewed or fermented either on the premises as a brewer or winemaker, or off the premises if done in connection with a "winemaker retailer (second location)" specialty retailer's State license or Class 1 brewer's license (referenced hereafter as "its own beer or wine"). Class H licenses shall authorize a winery or microbrewery to:
a. Furnish samples of its own beer or wine for consumption on the premises;
b. Sell its own beer or wine by the glass for consumption on the premises; and
c. Sell its own beer or wine in the original corked, capped, or sealed and labeled container for consumption off the premises.
The annual license fee for H licenses shall be seven hundred fifty dollars ($750.00). A Class H license holder is authorized to sell food in conjunction with the sale of its own beer or wine for consumption on the premises.
10. Class I (BYOB): Class I (BYOB) licenses shall authorize the consumption of beer and wine which has been brought onto the premises of a business operating as a public accommodation as defined in section 11-42-10.1 of the Illinois Municipal Code by a patron or patrons for their personal consumption while being served a meal in said establishment. The annual license fee for a Class I (BYOB) license shall be as set out in the City of Sycamore Consolidated Fee Schedule.
a. Only beer and wine may be consumed on the premises of the holder of a Class I (BYOB) license;
b. The license holder is only allowed to provide glasses, ice and an ice holder for the patrons;
c. The license holder, its agents, and/or its employees may open, but shall be prohibited from serving, pouring, and/or storing any wine or beer for its patrons;
d. It shall be unlawful for the license holder, its agents and/or its employees to permit any patron to leave the licensed premises with open wine or beer, and the license holder shall require that patrons who leave with such of their own beer and wine that has not been consumed to do so only in sealed or unopened containers in compliance with Illinois law;
e. No consumption of wine or beer shall be permitted on the premises unless it is served as a complement to the sale of food;
f. A certificate of insurance, reflecting coverage for general liability purposes in such minimum amounts as the Liquor Commissioner may deem necessary from time to time, shall be presented to the City by the applicant for a Class I (BYOB) establishment and the City shall be named as an additional insured on the license holder's insurance. The provisions of section 3-2-16 of this chapter shall be deemed satisfied by this requirement. Further, the license holder shall agree in writing to save and hold harmless the City's agents, employees elected and appointed officials from any and all claims or causes of actions arising out of the consumption of alcoholic liquor on the premises as a condition of the license.
11. Class J: Class J licenses shall authorize the sale of alcoholic liquor for consumption on the premises at the Sycamore Community Park Sports Complex in conjunction with college or professional level sporting events. The license fees for a Class J license shall be set out in the City of Sycamore Consolidated Fee Schedule.
a. Service of alcoholic liquor shall only take place during the time that the athletic or sporting event is in progress.
All alcoholic liquor must be consumed on the premises and must be purchased at the concession area of the designated ballpark facility marked out on the main baseball diamond in the Sycamore Community Park Sports Complex ("ballpark facility area"). Alcoholic liquor may only be purchased from authorized vendors serving the ballpark facility area, and no outside liquor shall be brought into the ballpark facility area nor taken outside the ballpark facility area. The ballpark facility area shall be specifically marked and defined by fencing such that it constitutes a distinctly delineated area within the Sycamore Community Park Sports Complex, such that access is of a controlled nature.
12. Class K; Special Event: Class K licenses authorize the service of alcoholic liquors for consumption on the premises of an establishment that obtains a special event permit per subsection E of this section. Establishments that have a City of Sycamore liquor license or are participating in a special event sponsored by the Sycamore Chamber of Commerce do not need to obtain a Class K license to provide service for such events. The license fees for a Class K license shall be set out in the City of Sycamore Consolidated Fee Schedule.
13. Class VG; Video Gaming Café: Class VG licenses authorize the retail sale of alcoholic liquors for consumption on the premises of an establishment where video gaming is the primary purpose of the business, and the sale of alcoholic liquor or food is incidental to video gaming. The annual fee for Class VG licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule.
14.
Class L; Banquet Hall: Class “L” License (Banquet Hall) shall authorize the serving and retail sale of alcoholic liquor for consumption on the premises designated therein in establishments containing banquet hall facilities and authorized for banquets as a principal use; provided that alcoholic liquor under this license may be served and sold only to invited guests. The annual fee for Class L licenses shall be as set out in the City of Sycamore Consolidated Fee Schedule.
15. Class M; Tasting Room: Class "M," which shall authorize the holder of a Class D liquor license from the city to operate a tasting room for the sale of alcoholic liquor for consumption on the premises. It is the intention of a Class M liquor license that the tasting room liquor license classification shall be an amenity and an accessory use to the primary business (Class D liquor license sales) operated by the applicant on the premises. A Class M liquor license shall be subject to the following conditions and restrictions:
a. The tasting room may sell alcoholic liquor for consumption on the premises in a manner intended for tasting, sampling, and evaluation purposes but within the meaning of the definition of "licensed establishment" under 230 ILCS 40/5.
b. The primary Class D licensed premises may sell alcoholic liquor as a packaged item for off-site consumption. The sale of packaged goods from the tasting room is prohibited.
c. Customers may only consume the alcoholic liquor purchased in the tasting room on premises. No customer may leave the licensed premises with open alcohol.
d. The tasting room shall be limited in size to no more than five hundred (500) square feet in total and may be segregated into multiple rooms for separate tastings. The tasting room(s) must have a continuous, unobstructed passage and view to the primary Class D licensed premises.
e. All persons serving alcoholic liquor in the tasting room for consumption on the premises must be BASSET certified.
f. The tasting room shall comply with all building, fire, and other codes of the city.
g. The annual fee for Class M licenses shall be two hundred and fifty dollars ($250.00).
B. Hours: Unless otherwise indicated on the licensee's license by the City Clerk, all places where alcoholic liquor is sold shall be closed between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. of every day, with the exception of Fridays and Saturdays, when the closing hour shall be two o'clock (2:00) A.M.; and Sundays, as set forth in subsection C of this section. In addition, all places where alcoholic liquor is sold may remain open until three o'clock (3:00) A.M. on New Year's Eve, and all places where alcoholic liquor is sold shall be closed on Christmas Eve from eight o'clock (8:00) P.M. until six o'clock (6:00) A.M. Christmas Day. It shall be unlawful to sell alcoholic liquor or permit anyone but the licensee, his employees or members of his family to be on the licensed premises twenty (20) minutes after the closing hour and during the closed hours thereafter.
C. Sunday Operations: Any class licensee under this chapter may serve or sell liquor as defined in their license on Sundays from ten o'clock (10:00) A.M. until twelve o'clock (12:00) midnight on Monday, except that during the City's Pumpkin Festival and Fizz Ehrler Memorial Turning Back Time Car Show weekends, service or sale of liquor may commence at nine o'clock (9:00) A.M. instead of ten o'clock (10:00) A.M. Licensees with package goods licenses including Class D and Class F, will be allowed to sell liquor on Sundays from eight o'clock (8:00) A.M. until twelve o'clock (12:00) midnight on Sundays when New Year's Eve, New Year's Day, Christmas Eve, or Christmas Day fall on a Sunday.
D. Holidays: Any class licensee under this chapter may serve or sell liquor as defined in their license the Wednesday before Thanksgiving from six o'clock (6:00) A.M. until one o'clock (1:00) A.M. on Thanksgiving Day. Any class licensee under this chapter operating during the change in time under Daylight Savings must adhere to the time to which the time changes.
E. Special Events:
1. Outdoor Special Event Defined: An "outdoor special event" is an outdoor public or private event sponsored by any licensed liquor establishment upon any owned or leased premises, other than for the purpose for which said premises are intended, arranged, designed or approved. The term "outdoor special event" shall include any event(s) where the sale, distribution and/or consumption of alcoholic beverages will occur outdoors within or upon any private street, sidewalk, park, or property.
2. Special Event Defined: A "special event" is a public or private event sponsored by any licensed liquor establishment upon any owned or leased premises, other than for the purpose for which said premises are intended, arranged, designed, or approved.
3. Length Of Term: A special event shall not exceed twenty four (24) hours in duration unless otherwise approved by the Liquor Commissioner. A special event permit shall not be issued more than three (3) times within any one year period to any individual parcel and/or address. It is further established that not more than one outdoor special event permit shall be issued at any time in the Downtown Business District. Multiple special events may be approved at the discretion of the City Manager and Liquor Commissioner.
4. Notification Of Property Use: To provide for the general health, welfare, safety and comfort of the general public, any licensed liquor establishment planning to use, or allowing to be used, any properties owned or leased by private or public individuals, firms or corporations for purposes of conducting a special event shall notify the City Clerk a minimum of thirty (30) days in advance of such event.
5. Pumpkin Festival Weekend; Permits Prohibited: No special event permit shall be issued for or utilized during Pumpkin Festival weekend, which for purposes of this chapter shall begin on the Wednesday before the last full weekend of October and end at the completion of the last full weekend of October.
6. Permit Application:
a. Application for a special event shall be made to the City Clerk on forms provided by the City Clerk. Said application shall be in writing, signed by the applicant, if an individual, or duly authorized agent thereof if a member of a club, partnership or corporation and verified by oath or affidavit. The permit application shall be in accordance with the provisions as established in this section.
b. The City Clerk shall forward the application to the City Manager or his designee, who shall obtain comments from the various departments of the City and other applicable regulatory agencies as deemed appropriate, and forward any required revisions, considerations, conditions or comments to the applicant. It shall be the applicant's responsibility to amend, delete, add or alter any conditions as prescribed by the City which are deemed necessary to comply with the ordinances set forth in this Code. It is further the responsibility of the applicant to resubmit a revised plan to the City Manager or his designee for final consideration.
c. Upon receipt of an application, the review period for approval or denial shall not exceed ten (10) working days unless otherwise agreed to in writing by the applicant. A recommendation from appropriate City staff will be forwarded to the Liquor Commissioner, to grant, condition or deny the application. In the event an application is denied, it shall be the responsibility of the Liquor Commissioner to provide documentation to the applicant outlining the reason(s) for denial as well as any condition or conditions which can be amended by the applicant to facilitate issuance of an outdoor special event permit.
d. Accompanying each application shall be:
(1) A plot plan showing the lot or tract of land where the event will be held, including any existing or proposed structure (including accessory structures) thereon, location of existing or proposed easements, fire lanes, parking arrangements and vehicle access points, electrical supply sources, location of portable fire extinguishers, location of refuse and portable restroom facilities, any existing as well as proposed screening or barricading, and a detailed description of available means of egress or temporary alteration thereof.
(2) Name, address and phone number of all responsible parties conducting, supervising and/or sponsoring a special event.
(3) Proof of insurance (dram shop, liability, etc.) as may be required.
(4) Letters of permission by any property owner affected that may necessitate the acquisition of temporary easements, use of leased land or as otherwise required.
(5) Building permit applications shall be submitted and signed by licensed and bonded contractors (where required) in accordance with Code provisions. Provide a detail of any temporary or permanent changes, additions and/or deletions to any structural, electrical, mechanical or plumbing systems necessary to conduct an outdoor special event.
(6) Hours of operation of the outdoor special event.
(7) A detailed description of the hours of operation of any proposed live entertainment activities.
7. Permit Required: It shall be unlawful for any licensed liquor establishment to conduct an outdoor special event within the corporate boundaries of the City without having first secured a permit as prescribed in this section for such activity. Said permittee shall be responsible for compliance with this Code and all other applicable County, State and Federal regulations.
8. Permit Fee: The permit fee for a special event shall be a cashier’s check, cash or money order in the amount as set out in the City of Sycamore Consolidated Fee Schedule. In addition, a deposit as set out in the City of Sycamore Consolidated Fee Schedule will be required for signage, fencing, barricades, cleanup, or any additional City services required.
9. Issuance Of Permit: Upon approval by the Liquor Commissioner, said permit shall be issued by the City Clerk. Said permit shall be valid for thirty (30) days or as otherwise approved by the Liquor Commissioner.
10. Permit Denial Or Revocation: A special event permit application may be denied or be revoked if:
a. The validity of the information provided by the applicant is incomplete or fraudulent;
b. The outdoor special event is found to be not in compliance with the ordinances of the City, County, State and/or Federal laws;
c. The management, owner or duly authorized agent (permittee) conducts, maintains or allows to exist conditions or violations prohibited by any/all locally adopted Building Codes or this Code; or, allows activities upon the permitted premises which are unlawful or which constitute or may constitute a public nuisance, a breach of the peace, or which are a menace to the health, safety or general welfare of the public;
d. The applicant, owner or permittee is a defaulter of the City;
e. Any lien of the City (i.e., garbage or rubbish removal, weed abatement, etc.) exists upon the property where the outdoor special event is to occur.
11. Penalty: Any person, firm or corporation violating any provision of this section shall be fined as set out in the City of Sycamore Consolidated Fee Schedule.
F. Outdoor Restaurant Liquor Sales:
1. Subject to the approval of the Liquor Commissioner, the sale, service and consumption of alcoholic liquor in an outdoor seating area shall be permitted adjacent to premises licensed to sell alcoholic liquor for consumption on the premises, subject to the following conditions:
a. The outdoor area is enclosed with a non-barricade type fence or other barrier that allows viewing of the area from the street;
b. The outdoor area is owned or leased by the licensee;
c. The outdoor area is included as part of the regular food service business located on the licensed premises and alcoholic beverages may be served without food;
d. Access to the outdoor area shall be limited through the licensed premises, or, if not practicable, through monitored entrances that are controlled by employees and/or reasonable fencing of the licensed premises during all operating hours and/or while alcohol is being served;
e. Seating in the outdoor area shall not be included to meet the required guest seating capacity for any license classification as established in this chapter;
f. A sidewalk cafe license as provided in section 7-1-18 of this Code shall be required for any outdoor seating area conducted wholly or partially upon City controlled property;
g. Music may be played in the outdoor area, but may not exceed ordinance limits;
h. The hours of outside operation shall be restricted as follows:
(1) During weekends, hours of permitted operation shall terminate one hour prior to normal closing time as otherwise defined in subsection B of this section.
(2) Except as restricted hereinabove, permitted hours shall be as otherwise provided for in subsection B of this section;
i. Outdoor service areas shall be permitted only on property zoned C-2, Central Business and C-3, Highway Business.
(Ord. 2018.11, 3-4-2019, eff. 5-1-2019; amd. Ord. 2019.56, 4-20-2020; Ord. 2022.12, 10-17-2022; Ord. 2022.34, 4-17-2023; Ord. 2023.04, 5-1-2023; Ord. 2023.12, 7-17-2023)