A. License Required: No person shall sell or permit the sale, use, or consumption, or solicit or receive an order for, or keep or expose for sale or keep with the intention of selling, or barter or trade, any alcoholic liquors in the Village without first having obtained a liquor license.
B. Regulations:
1. Restaurants, dining rooms, cabarets, night clubs, dance halls, and places in which entertainment is provided or food served, and which are not part of a premises licensed hereunder, are prohibited from allowing patrons to bring upon the premises alcoholic beverages to be there served or consumed by said patrons.
2. Where two (2) or more locations, places, or premises are under the same roof, or are located at one street address, a separate license shall be obtained for each such location, place or premises, unless all rooms in which alcoholic liquors are served are directly connected or are adjacent to, and accessible to each other without leaving the building. Each licensee shall identify the room or rooms in which liquor is to be sold.
3. No person licensed to sell liquor under any license issued by the LLCC shall be permitted to sell, give away or otherwise dispose of alcoholic liquor at any place other than the licensed premises, as described in the license; provided, that nothing herein contained shall be so construed as to prevent any hotel operator, or motel operator licensed under this Chapter from serving alcoholic liquor to registered guests of the hotel, or motel in any room or part of the hotel or motel. However, such liquor so served shall be kept in and served from a licensed location, place or room in said hotel or motel. The foregoing provisions shall apply only to hotels and motels conducted and maintained as such.
C. Prohibited Transactions: No person shall make, ferment, distill or cause to be distilled, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided by law and the provisions of this Chapter.
1. No licensee under this Chapter, nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person, or to any person known by him to be an habitual drunkard, a spendthrift, or an insane, mentally ill, or mentally deficient person or one in need of mental treatment.
2. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor, nor shall such person have alcoholic liquor in his possession (except in the performance of a religious ceremony or service).
3. A licensee shall whenever necessary require presentation of at least one positive identification, showing proof of age, which identification has been issued by a public officer in the performance of his official duties. It is the absolute responsibility of the licensee to insure that no person who is prohibited from purchasing or consuming alcoholic liquor is served any alcoholic liquor within the premises.
4. No person under the age of twenty one (21) years shall misrepresent his or her age for the purpose of purchasing or obtaining any alcoholic beverage in any place where such beverage is sold. No person shall transfer, alter or deface 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.
5. No person shall operate, or attempt to operate any premises for the sale of alcoholic beverages for which the license has been revoked for any cause, for the period of one year after such revocation.
6. No person shall sell or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person known by him to be a habitual drunkard, or insane, or mentally ill.
7. Nothing in this chapter shall prohibit the issuance of a license to a church or private school or the local volunteer fire department to sell at retail alcoholic liquor provided that such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale of alcoholic liquors.
D. Application For License: Written application for a liquor license hereunder verified by oath or affidavit; signed by the applicant, if an individual; or by the duly authorized agent thereof, if a club or corporation; when any applicant for a liquor license is a corporation, said application shall be signed by the president and secretary thereof; and should the applicant be a partnership, then each and every member of the partnership (including a silent partner, if any) shall sign such application; said application shall be made to the LLCC, and shall include all information required by the LLCC, including, but not limited to, the following information and statements:
1. Name, Age, Address, Social Security Number: The name, age, last three (3) residence addresses and social security number of the applicant. In the case of a partnership, the application must contain the names, ages, last three (3) residence addresses and social security number of each partner. If a corporate license is sought, the application must contain the name of the corporation, the date of incorporation, the articles of incorporation, the names and addresses and social security numbers of all officers and directors. If a majority of the stock of such corporation is owned by one person, or his nominee, the name, address and social security number of each such person shall be set forth in the application. All applicants shall furnish a photocopy of their state issued driver's license or identification card (front and back).
2. Citizenship, Place Of Birth: The citizenship of the applicant, his place of birth and the time and place of naturalization, if applicable.
3. Location And Description Of Premises: The location and description of the premises to be licensed. If the premises is leased, the applicant shall attach a copy of the lease to the license application. Said lease must have a coverage period equal to, or longer than, the duration of the applicant's liquor license and must name the applicant as lessee.
4. Character Of Business: The character of business of the applicant, and in the case of a corporation, the objects for which it was formed.
5. Length Of Time Of Business Existence; Charter Date: The length of time said applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued.
6. Amount Of Merchandise: The amount of goods, wares and merchandise on hand at the time application is made.
7. Other Applications For License: A statement whether the applicant has made a similar application for a similar license on the premises other than described on this application and the disposition of such application.
8. Reasons For Revocation: A statement indicating whether a previous license by the state of Illinois, or any other state, or subdivision thereof or by the federal government has been revoked and the reasons thereof.
9. Agree To Abide By The Laws: A statement that the applicant will not violate any of the laws of the state of Illinois or of the United States, and that the applicant will not violate any ordinance, resolution or rule of the village of Wadsworth in the conduct of his place of business.
10. Felony Conviction: A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of the state of Illinois or the ordinances, resolutions or rules of the village of Wadsworth.
11. Certificate Of Good Standing: For license renewals, a certificate of good standing issued by the Illinois secretary of state's office.
12. Fingerprinting And Complete Criminal Check: The applicant(s), and in the case of a corporation, all officers and persons owning in the aggregate more than five percent (5%) of the stock of the corporate applicant, may be required by the LLCC to be fingerprinted and have a complete criminal check performed by the sheriff of Lake County. The LLCC may also require the manager(s) of an applicant to be fingerprinted and undergo a background check. The LLCC shall collect a fee from the applicant and forward same to the Illinois department of state police, bureau of identification to pay for the costs associated with the processing of fingerprints by the bureau.
13. Health Department Certificate: The applicant, or applicants, shall present a valid certificate from the Lake County health department.
14. Insurance Requirements:
a. No liquor license shall be granted to an applicant until such applicant furnishes evidence satisfactory to the LLCC that such applicant is covered by a policy of insurance issued by a responsible insurance company authorized and licensed to do business in the state of Illinois insuring such applicant against liability which such applicant may incur under the provisions of 235 Illinois Compiled Statutes 5/6-21 as follows: 1) the amount of five hundred thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence for bodily injury liability; one hundred thousand dollars ($100,000.00) for loss of means of support; and one hundred thousand dollars ($100,000.00) for property damage liability; or 2) a one million dollar ($1,000,000.00) single limit dramshop policy.
b. No liquor license shall be granted to an applicant until such applicant furnishes evidence satisfactory to the LLCC that such applicant is covered by a policy of insurance issued by a responsible insurance company authorized and licensed to do business in the state of Illinois insuring such applicant against general liability in the amount of one million dollars ($1,000,000.00).
c. Said insurance policies shall specifically designate the village of Wadsworth as an additional insured. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license sought. In the event of cancellation, the LLCC shall be notified immediately of such cancellation. The failure of the licensee to have insurance coverage in full force and effect at any time during the term of the license shall be cause for revocation of the license or immediate closure for not more than seven (7) days pursuant to 235 Illinois Compiled Statutes 5/7-5.
15. Responsible For All Costs: Applicant shall be responsible for any and all costs incurred by the village of Wadsworth in the course of processing the application including, but not limited to, the costs associated with processing a complete criminal check of the applicant(s), fingerprinting charges, Illinois state police and federal bureau of identification charges, if applicable.
E. Ineligible Applicants: No license shall be issued to any person who is ineligible under Illinois law, or to:
1. A person who is not a resident of the village of Wadsworth, except in the case of railroad or boat licenses.
2. A person who is not of good character and reputation in the community in which he resides.
3. A person who is not a citizen of the United States.
4. A person who has been convicted of a felony under any federal or state law, unless the LLCC determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the LLCC's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
5. A person who has been convicted of being the keeper of or is keeping a house of ill fame.
6. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
7. A person whose license has been revoked for cause.
8. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.
9. A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence within Lake County.
10. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the Village.
11. A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified to transact business in Illinois.
12. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee.
13. A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or has forfeited his bond to appear in court to answer charges for any such violation.
14. A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.
15. Any law enforcing public official, including members of the Board of Trustees, and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises, which are not located within the Village, if the issuance of such license is approved by the State Liquor Control Commission.
16. A person who is not a beneficial owner of the business to be operated by the licensee.
17. A person who has been convicted of a gambling offense as prescribed by any of subsections (a)(3) through (a)(11) of section 28-1 of, or as proscribed by section 28-3 of the Criminal Code of 1961, approved July 28, 1961, as heretofore or hereafter amended.
18. A person to whom a Federal wagering stamp has been issued by the Federal government for the current tax period.
19. A copartnership to which a Federal wagering stamp has been issued by the Federal government for the current tax period, or if any of the partners have been issued a Federal gaming device stamp or Federal wagering stamp by the Federal government for the current tax period.
20. A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than twenty percent (20%) of the stock of such corporation has been issued a Federal wagering stamp for the current tax period.
21. Any premises for which a Federal wagering stamp has been issued by the Federal government for the current tax period.
22. Any person who has not paid the appropriate fees required by this Chapter on the date specified.
23. A person who is legally indebted to the Village for payment of other fees, charges, bills or taxes which have remained unpaid for more than sixty (60) days.
F. Prohibited Sales: 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 aged or indigent persons or for veterans, their spouses 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 sale of alcoholic liquors is not the principal business carried on; nor the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where such church or school has been established within such one hundred feet (100') since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
G. Regulations Applicable To All Licensees: All licenses shall be granted subject to the following regulations, and by the act of acceptance of a license to sell alcoholic liquors at retail, all licensees agree:
1. To operate the licensed premises in compliance with all applicable statutes, laws and ordinances and be responsible for the conduct and actions of all of its employees.
2. To see that the premises are at all times kept free of all persons under twenty one (21) years of age who are not escorted by a parent or legal guardian. However, this restriction does not prohibit the serving of food to persons under twenty one (21) years of age in a dining room on the premises separated from any bar for the serving of alcoholic liquors.
3. That any false or untrue statements contained in the application for license or at license hearing or any violations of the terms and conditions of the application, or of any of the statutes, ordinances, rules and regulations hereof, shall be cause for revocation or suspension of the license by the LLCC, as is provided in the liquor control act.
4. Not to employ any persons under sixteen (16) years of age, nor to employ any persons under the age of twenty one (21) years for the purpose of drawing, pouring, or mixing any alcoholic liquor.
5. However, a person less than twenty one (21) years of age, but at least eighteen (18) years of age, may serve or deliver alcoholic liquor when in the presence of and under the direct supervision and control of an employee twenty one (21) years of age or older. A class C or E license holder must employ a person twenty one (21) years of age for the purpose of selling package liquor.
6. Not to employ any waiter or waitress under eighteen (18) years of age.
7. Not to permit the following conduct on licensed premises:
a. Performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other sexual act.
b. The actual or simulated touching, caressing or fondling of the breasts, buttocks, pubic hair, anus or genitals.
c. The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva, or genitals.
d. Permitting any person to remain upon licensed premises who exposes to public view any portion of his or her breasts, buttocks, genitals, vulva, or anus.
e. The display of films or photographs, including slides, depicting a live performance of anything prohibited in subsections G7a, G7b, G7c, and G7d of this section.
8. To operate licensed premises so that assaults, fights or disorderly conduct do not occur on or about the licensed premises.
9. Not to employ in any premises used for the retail sale of alcoholic liquors any person who because of ill health is prohibited by the rules and regulations of the Lake County health department from being so employed.
10. All licenses issued pursuant to this chapter shall be conditioned on the acquisition and maintenance in good standing by the applicant of a license issued by the Illinois liquor control commission. Proof of same shall be provided to the village upon request by the Wadsworth local liquor control commissioner. No Wadsworth liquor license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such Illinois liquor license is furnished to the Wadsworth local liquor control commissioner. If any license is refused, suspended or revoked by the Illinois liquor control commission, then any Wadsworth liquor license issued or conditionally issued under this chapter shall immediately become null and void without further action by the village or the Wadsworth local liquor control commissioner.
H. Hours Of Operation:
1. Persons holding class A, B, D, or E licenses shall not sell, permit to be sold, give away or allow to be consumed, any alcoholic beverages between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on weekdays, and between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on Saturdays, Sundays, and nights prior to, and on holidays.
2. Persons holding class C, F, G or H licenses may not sell, permit to be sold, or give away any alcoholic beverages between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. on any day, and must illuminate the licensed premises by means of an electric light of at least twenty five (25) watts' power located at the rear of the premises and visible from the street.
3. Persons holding class I licenses shall not sell, permit to be sold, give away or allow to be consumed, any alcoholic beverages between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. on weekdays, and between one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on Saturdays, Sundays, and nights prior to, and on holidays.
I. Change Of Ownership: All changes in partnerships, officers, directors, or persons holding directly, or beneficially, more than five percent (5%) of the stock or ownership interest, or in managers of establishment licensed under this chapter, shall be reported in writing to the LLCC within ten (10) days of the change. All such personnel shall comply with all applicable requirements of this chapter. All such changes in personnel shall be subject to review, or hearing, by the LLCC in his discretion. (Ord. 95-433, 12-5-1995, eff. 4-30-1996; amd. Ord. 2004-657, 5-18-2004; Ord. 2007-722, 4-3-2007; Ord. 2011-837, 3-15-2011; Ord. 2011-839, 4-19-2011; Ord. 2014-932, 7-15-2014; Ord. 2016-984, 4-19-2016; Ord. 2020-1081, 3-3-2020)