A. Gambling: No game of chance or electronic gambling device shall be kept or used in any licensed premises nor shall any licensee permit any illegal, disorderly or immoral practices or gambling upon the licensed premises, except that lottery tickets under the Illinois lottery may be sold therein and a "special event retailer", as defined in section 4-1-3, "Definitions", of this chapter, may operate charitable games and any other games of chance regulated by the Illinois raffles act 1 , the Illinois pull tabs and jar games act 2 , the Illinois bingo license and tax act 3 and the Illinois charitable games act 4 as part of a special event, but only upon approval of the village board by ordinance and further approval of the local liquor control commissioner, subject to the issuance of all required state and local licenses and permits. (Ord. 11-2624, 4-25-2011)
B. Serving Liquor By Minors: No person under the age of twenty one (21) years may serve, draw or mix any alcoholic liquor as an agent or employee of the licensee.
C. Sale By Certain Persons: No person under the age of twenty one (21) years, nor any customer of any age may register, by mechanical or electronic means, the sale of any alcoholic liquor. (Ord. 99-2077, 2-22-1999)
D. Cash Sales Required; Separate Cash Register Or Sales Tracking System: All sales of alcoholic liquor within the village shall be made for cash or its equivalent, which may include credit and debit cards and checks. In the case of a licensee that has received a class "G" liquor license (fine wine, premium spirits, premium beer and gourmet food store) and then petitions for and receives one of the full service or limited service restaurant liquor licenses, the licensee shall operate separate cash registers or a sales tracking system to record all retail transactions relative to each specific liquor license. (Ord. 08-2496, 6-23-2008)
E. Transactions Confined To Licensed Premises; Peddling Prohibited: All sales shall be transacted on the licensed premises and the delivery of alcoholic liquor shall be made to the purchaser on the licensed premises. It shall be a violation of this chapter for any licensee, or any officer, associate, member, representative, agent or employee of any licensee to allow or permit any individual to exit the licensed premises, or remain outside of the licensed premises on property under the control of the licensee with alcoholic liquor in his or her possession. It shall be unlawful to peddle or deliver alcoholic liquor in the village. Delivery of alcoholic liquor shall only be permitted pursuant to state law. (Ord. 01-2173, 9-24-2001)
F. Fraud: Any licensee who, in the process of obtaining his license, or a renewal thereof, furnishes false information or who withholds or fails to furnish or disclose information that would affect his qualifications as a licensee hereunder, shall be subject, upon discovery thereof, to have his license suspended or revoked after due notice and appropriate proceedings thereon as specified in the Illinois liquor control act.
G. Storage Of Liquor: Licensees shall store alcoholic liquor only on the licensed premises and at no other place in the village. (Ord. 99-2077, 2-22-1999)
H. Compliance With Additional Restrictions: Nothing in this chapter shall excuse or relieve the owner, proprietor or person in charge of the business being conducted on the licensed premises from complying with or conforming to the restrictions and requirements of any ordinance approving the issuance of a liquor license, any other applicable ordinances of the village, or the Illinois liquor control act, as amended.
I. Soliciting Liquor On Licensed Premises: It shall be unlawful for any licensee, its manager, or other person in charge of any restaurant where alcoholic liquor is sold or offered for sale for consumption on the licensed premises to permit any person to remain on the premises who shall solicit any patron or customer therein to purchase alcoholic or nonalcoholic liquor for himself or herself or any other person therein; provided, however, that nothing herein contained shall prohibit any otherwise qualified manager, bartender, waiter, or waitress who shall be regularly employed therein from accepting and serving the order of a patron or customer in the regular course of employment as such manager, bartender, waiter, or waitress. (Ord. 01-2173, 9-24-2001)
J. Indecent Conduct Or Publications: It shall be unlawful for any licensee, its manager, or other person in charge of premises licensed to sell alcoholic liquor to permit the following kinds of conduct, or to sell books, magazines, coin operated motion picture devices, films, or movies depicting, describing, or relating to the following kinds of conduct on such premises:
1. The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
2. The actual or simulated touching, caressing, or fondling of the breasts, buttocks, anus, or genitals.
3. The actual or simulated displaying of the breasts, pubic hair, anus, vulva, or genitals.
4. Striptease shows or lingerie fashion shows.
K. No Live Entertainment: No licensee shall have or offer live entertainment on the licensed premises unless specifically permitted by the class of license held by the licensee. (Ord. 99-2077, 2-22-1999)
L. Restrictions On Sales And Promotions: All licensees selling alcoholic beverages to be served and drunk on the licensed premises are prohibited from engaging any of the following enumerated practices:
1. No licensee or employer, agent of a licensee, shall:
a. Deliver more than two (2) drinks to one person at one time.
b. Sell, offer, or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public.
c. Sell, offer to sell, or deliver drinks to any person or group of persons on any one day at prices less than those charged the general public on that entire day (such as happy hours), except at private functions not open to the public.
d. Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price charged for such drink during the same calendar week.
e. Encourage or permit on the licensed premises any game or contest which involves drinking or the awarding of drinks as prizes.
2. No licensee shall advertise or promote in any way, any manner or by any medium the practices prohibited under this section. (Ord. 02-2200, 5-20-2002)
M. Signs; Advertisements:
1. Prohibited: No sign which is visible from outside of the licensed premises where alcoholic liquor is sold, which promotes or advertises the sale of alcoholic liquor, or identifies the licensee's premises as a place where alcoholic liquor is served, shall be placed or erected inside or outside of the licensed premises.
2. Certain Signage Prohibited: No person shall post, permit, keep, maintain, or allow on or in any licensed premises any sign that is visible from the midpoint of any private or public sidewalk adjacent to the licensed premises or, if no sidewalk exists, then from any place or point outside of the licensed premises or that is affixed to the exterior of the licensed premises or that is located on or attached to the underlying lot of the licensed premises that:
a. Advertises, relates to or depicts any alcoholic liquor or manufacturer, distributor, brand, slogan or logo (including the generic term "liquor"); or
b. Announces, advertises, depicts or relates to any alcoholic liquor sale or special event, excluding happy hour advertisements that comply with section 6-28.5 of the Illinois Liquor Control Act of 1935 1 .
3. Business Name Signage: This subsection M shall not prohibit the use of the legal name or an assumed name or a branded name of the licensed business, even if the name includes an alcohol-related word (e.g., tap, bar, vino), on signage that otherwise complies with applicable codes, ordinances, and regulations.
4. Advertising: Except as stated in subsection M2 of this section, the licensee may advertise or promote through any media or other means of communication in any way at any time, whether on or off the premises, provided that such advertising shall otherwise comply with State Statutes and with all codes, ordinances and regulations of the Village of Western Springs. (Ord. 17-2875, 3-27-2017)
N. Sealing And Removal Of Open Wine Bottles From Restaurants: A restaurant licensed to sell alcoholic liquor may permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subsection shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent onetime use tamperproof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this subsection and not tampered with shall not be deemed an unsealed container for the purposes of section 11-502 of the Illinois Vehicle Code. See also 235 Illinois Compiled Statutes 5/6-33. (Ord. 08-2496, 6-23-2008)
O. Alcohol Sellers And Servers Education And Training Program Required: All liquor licensees shall be required to have any on site owner/manager and all employees or any other person who may, as a part of their job, sell alcoholic liquor to a customer, serve alcoholic liquor to any person on the licensed premises or handle alcoholic liquor on the licensed premises, take and successfully complete a Beverage Alcohol Sellers and Servers Education and Training (BASSET) Program that has been certified by the State of Illinois. Once the initial training certification expires, a renewal of the BASSET training certification is required. A copy of the current BASSET course completion certificate(s) for the on site owner/manager, his/her/its employees and the above mentioned other person(s) shall be made available at all times at the licensed premises for inspection by the Village Manager, or his or her designee. (Ord. 08-2509, 10-27-2008)
Notes
| 1 | 1. 230 ILCS 15/1 et seq. |
| 2 | 2. 230 ILCS 20/1 et seq. |
| 3 | 3. 230 ILCS 25/1 et seq. |
| 4 | 4. 230 ILCS 30/1 et seq. |
| 1 | 1. 235 ILCS 5/6-28.5. |