A. Class A Licenses. Class A licenses authorize the retail sale and service of alcoholic beverages by restaurants, but only when such sales and service are incidental and complementary to the sale and service of meals for consumption only on the premises where sold, provided that patrons may be served alcoholic beverages while waiting to be seated when no tables are available. Class A licenses also authorize the service of alcoholic beverages in sidewalk seating areas, as provided in Section 5.09.105
of this code. In addition, Class A licenses authorize the occasional sale and service of alcoholic beverages without food, and the occasional packaged sale of beer and wine, subject to the following conditions:
1. The sale and service of alcoholic beverages under a Class A license may also include the occasional sale and service of alcoholic beverages without the service of food, subject to the provisions of Section 5.09.205
of this Chapter.
2. The sale and service of alcoholic beverages under a Class A license may also include the occasional packaged sale of beer or wine for consumption only off the licensed premises, provided that the packaged beer or wine shall be paid by and delivered to the customer on the licensed premises, and shall also be subject to all of the following conditions:
a. Such packaged sale must be incidental and complementary to the sale of a complete meal prepared on the licensed premises for consumption off the licensed premises. It is unlawful to render a bill for the packaged sale of wine or beer which does not include a charge for a complete meal.
b. The amount of beer or wine sold in a packaged sale shall not exceed one serving of beer per meal, or one thousand, five hundred milliliters (1500 ml) in volume for wine. Any beer or wine sold in its original packages for consumption off the premises pursuant to this section shall not be sold at a price lower than that charged for consumption of the same beer or wine on the premises.
c. Except to the extent that the licensee displays wine or beer as part of the normal operations of the licensed premises, no wine or beer shall be displayed for packaged sale.
3. The sale and service of alcoholic beverages under a Class A license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105
of this chapter.
B. Class A-1 Licenses. Class A-1 licenses shall duplicate Class A licenses in all regards, except that Class A-1 licenses shall additionally authorize the service of food or liquor at a counter, bar or waiting area, subject to the following conditions:
1. Except as provided in section 5.09.205
of this Chapter, the counter, bar or waiting area shall be restricted to patrons who have been seated by the restaurant's host or hostess.
2. The percentage of the total space available to patrons that is allocated to any lounge or waiting area in which a bar, counter or shelf or any substitute for such bar, counter or shelf will be located, shall not exceed ten (10) percent of the total space of the premises accessible to patrons; provided, however, that this Section 5.09.100.B.2 does not apply to restaurants with a total seating capacity for patrons of 20 seats or fewer.
3. The sale and service of alcoholic beverages under a Class A-1 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105
of this chapter.
C. Class A-2 Licenses. Class A-2 licenses authorize the retail sale and service of beer and wine by restaurants, but only when such sales and service are incidental and complementary to the sale and service of meals for consumption only on the premises where sold, provided that patrons may be served beer and wine while waiting to be seated when no tables are available. The hours of service shall be as provided in section 5.09.250
of this chapter. Class A-2 licenses also authorize the service of beer or wine in sidewalk seating areas, as provided in section 5.09.105
of this code. In addition, Class A-2 licenses authorize the occasional sale and service of alcoholic beverages without food, and the occasional packaged sale of beer and wine, subject to the following conditions:
1. The sale and service of alcoholic beverages under a Class A-2 license may also include the occasional sale and service of alcoholic beverages without the service of food, subject to the provisions of section 5.09.205
of this Chapter.
2. The sale and service of alcoholic beverages under a Class A-2 license may also include the occasional packaged sale of beer or wine for consumption only off the licensed premises, provided that the packaged beer or wine shall be paid by and delivered to the customer on the licensed premises, and shall also be subject to all of the following conditions:
a. Such packaged sale must be incidental and complementary to the sale of a complete meal prepared on the licensed premises for consumption off the licensed premises. It is unlawful to render a bill for the packaged sale of wine or beer which does not include a charge for a complete meal.
b. The amount of beer or wine sold in a packaged sale shall not exceed one serving of beer per meal, or one thousand, five hundred milliliters (1500 ml) in volume for wine. Any beer or wine sold in its original packages for consumption off the premises pursuant to this section shall not be sold at a price lower than that charged for consumption of the same beer or wine on the premises.
c. Except to the extent that the licensee displays wine or beer as part of the normal operations of the licensed premises, no wine or beer shall be displayed for packaged sale.
3. The sale and service of alcoholic beverages under a Class A-2 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105
of this chapter.
D. Class A-3 Licenses. Class A-3 licenses shall duplicate Class A-2 licenses in all regards, except that Class A-3 licenses shall additionally authorize the service of food, beer or wine at a counter, bar or waiting area, subject to the following conditions:
1. Except as provided in section 5.09.205
of this Chapter, the counter, bar or waiting area shall be restricted to patrons who have been seated by the restaurant's host or hostess.
2. The percentage of the total space available to patrons that is allocated to any lounge or waiting area in which a bar, counter or shelf or any substitute for such bar, counter or shelf will be located, shall not exceed ten (10) percent of the total space of the premises accessible to patrons.
3. The sale and service of alcoholic beverages under a Class A-3 license may also include sidewalk service of alcoholic beverages for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105
of this chapter.
E. Class A-4 Licenses. Class A-4 licenses authorize the retail sale and service of wine by specialty restaurants and bakeries, but only when such sales and service are part of a demonstration or instructional program on food preparation techniques, a host or hostess is present to seat patrons, and all patrons are served the same prix fixe food at a scheduled seating to which admission is by reservation only.
1. A specialty restaurant or bakery with a Class A-4 license may serve food and wine at tables or at a demonstration counter.
2. A specialty restaurant or bakery with a Class A-4 license may be operated in conjunction with a limited food products store or a specialty beverage store.
3. Sidewalk service is expressly prohibited under any Class A-4 license.
F. Class A-5 Licenses. Class A-5 licenses shall duplicate Class A-4 licenses in all regards, except that Class A-5 licenses shall additionally authorize the service of wine by the glass with specialty gourmet desserts.
1. The sale and service of wine by the glass with specialty gourmet desserts under a Class A-5 license may also include such sale and service for consumption by customers seated at tables at a sidewalk restaurant that has been permitted by the Village Council, subject to the conditions set forth in section 5.09.105
of this chapter. No other sidewalk service shall be permitted under a Class A-5 license.
G. [Reserved.]
H. [Reserved.]
I. Class B Licenses. Class B licenses authorize the sale of package liquor in a full-service grocery store or in a pharmacy operating as part of a larger retail establishment and specifically excluding stand-alone pharmacies (“pharmacy establishment”). A Class B license shall authorize the licensee to use no more than ten (10) percent of the total floor space of the full-service grocery store or pharmacy establishment for the display and sale of alcoholic liquor in the original package. The hours of service shall be as provided in section 5.09.250 of this chapter.
J. Class C Licenses. Class C licenses authorize the retail sale and service of alcoholic beverages by civic, fraternal, service or charitable not-for-pecuniary-profit organizations, at picnics, outings, festivals, theater nights or other such similar special occasions for consumption on the premises or within the area specifically designated for such license.
1. The sale and service of alcoholic beverages under a Class C license may also include sidewalk service of alcoholic beverages for consumption in an outdoor seating area, subject to the conditions set forth in section 5.09.105
of this chapter, provided that the area and terms of such service shall be defined in the license.
2. The hours of service shall be as provided in section 5.09.250
of this chapter and shall be specified in the license, along with the date(s) or the authorized sale of alcoholic liquors under this section.
K. Class D Licenses. Class D licenses authorize the retail sale of wine in the original package for consumption off the premises where sold and where delivery is made directly by licensee or through the mail or similar package delivery service.
L. Class D-1 Licenses. Class D-1 licenses authorize the sale of wine at wholesale in the original package by an importer/distributor to a Class D licensee as provided in this chapter.
M. Class E Licenses. Class E licenses authorize the retail sale of wine only, by a limited food products store, subject to all of the following conditions:
1. The wine must be sold in its original package, for consumption only off the premises where sold, and not for consumption on the licensed premises.
2. The sale of the wine must be incidental and complementary to the sale of food for consumption off the premises. It is unlawful for any holder of a Class E license to render a bill for sale of wine in its original package which does not include a charge for food to be consumed off the premises.
3. All wine sold under a Class E license shall be paid for and delivered to the purchaser only on the premises of the limited food products store operated by the licensee.
4. No more than ten (10) percent of the floor space of the limited food products store used by the licensee for the display and sale of merchandise may be used for the display and sale of wine. The remainder of such floor space shall be for the display and sale of other merchandise.
5. A limited food products store may be operated in the same premises as a specialty restaurant, provided the area for the display and sale of food products is separate from the meal service area.
6. Sidewalk service is expressly prohibited under any Class E license.
7. The hours for sale of alcoholic beverages under a Class E license shall be as provided in section 5.09.250
of this chapter.
N. Class E-1 Licenses. Class E-1 licenses authorize the retail sale of beer or wine by a limited food products store, subject to all of the following conditions:
1. (Reserved.)
2. The beer or wine must be sold in its original package.
3. The sale of the beer or wine must be incidental and complementary to the sale of food for consumption on or off the premises. Subject to the provisions of Section 5.09.205 of this Chapter, such incidental and complementary sales may include the occasional packaged sale of beer or wine without the sale of food.
4. All beer or wine sold under a Class E-1 license shall be paid for and delivered to the purchaser only on the premises of the limited food products store operated by the licensee.
5. No more than ten (10) percent of the area used for the display and sale of merchandise may be used for the display and sale of beer or wine. The remainder of such floor space shall be for the display and sale of other merchandise.
6. Sidewalk service is expressly prohibited under any Class E-1 license.
7. The hours for sale of alcoholic beverages under a Class E-1 license shall be as provided in section 5.09.250
of this chapter.
O. Class E-2 Licenses. Class E-2 licenses authorize the retail sale of fine wines, premium imported beer and domestic craft beer, and spirits at a specialty beverage store, subject to the following conditions:
1. Except as provided in paragraphs 2 through 6 of this subsection, wines, beers, and spirits must be sold in their original packages, for consumption only off the premises where sold.
2. The limited tasting of small quantities of varieties of fine wine, imported beer, domestic craft beer, and spirits shall be permitted on the licensed premises, subject to the following conditions:
a. The tasting shall be provided at a counter identified and used solely for that purpose.
b. The licensee may charge a fee for such tastings; provided, that the fee shall be applied to the contemporaneous purchase of a fine wine, imported beer or domestic craft beer, or spirits.
c. All tasting samples shall be served in tasting glasses and shall not exceed the limits in number or size set forth in the Illinois Liquor Control Act.
d. No signage on the premises shall advertise the availability of samples.
3. The tasting of varieties of fine wine, imported beer, domestic craft beer, and spirits shall be permitted at private events, subject to the following conditions:
a. The event must require advance registration, which shall include a fixed-price registration fee.
b. The store must be closed to the general public during the event.
c. The event must be for the purpose of providing instruction pertaining to the production, qualities, selection and use of fine wines, imported beers, domestic craft beers, or spirits.
d. The class or event must have a written agenda or curriculum.
e. The class or event must end by 9:00 p.m.
4. The retail display area devoted to the sale of beer shall not exceed 10% of the total retail display area.
5. The retail display area devoted to the sale of spirits shall not exceed 20% of the total retail display area.
6. In addition, a Class E-2 licensee shall be permitted to serve fine wine, imported beer, domestic craft beer, and spirits for immediate consumption on the licensed premises, subject to the following conditions:
a. Such service must be incidental and complementary to the concurrent service of meals sold for consumption on the premises by patrons seated at tables.
b. The meals may be pre-packaged meals that are prepared off-premises.
c. The meals shall be served using non-disposable dishes, glassware and utensils.
d. The meals shall not be served at a bar or counter.
e. The table seating area must be separated from the retail area of the license premises by a rail or similar means to segregate it from the retail area of the license premises, but shall not be located in a separate room.
f. The table seating area must not exceed 30% of the total interior area of licensed premises open to patrons, not including restrooms.
7. No tobacco product of any kind shall be sold or offered for sale on the licensed premises.
8. The areas of the licensed premises shall not be more than two thousand, five hundred (2,500) square feet, excluding storage areas not accessible to customers.
9. Except as provided in paragraph 3(e) of this subsection O, the hours of sale and service of alcoholic beverages under a Class E-2 license shall be as provided in section 5.09.250 of this chapter.
P. Class F Licenses. Class F licenses authorize the retail sale of liquor at a coffee shop, solely for consumption on the premises where sold, subject to and in accordance with the following conditions and restrictions:
1. The sale of liquor at any time before 11:00 a.m. and after 11:59 p.m. is prohibited.
2. Liquor must be sold and served in single-serving glassware or plasticware except for wine, which also may be sold by the bottle and consumed from single-serving glassware or plasticware. Packaged sales are prohibited.
3. Liquor must be ordered by patrons at, and sold and served over, the counter of the coffee shop at the point of sale.
4. Each and every patron who desires to consume liquor (including, without limitation, a portion of wine sold by the bottle) must: (a) be physically present at the counter during the point-of-sale transaction during which the liquor is purchased; and (b) present a form of valid photographic identification issued by a state government or the United States government. For the purpose of this Section 5.09.100.P, "point-of-sale transaction" means each instance when a patron or group of patrons purchases food and beverages at the counter, whether or not the purchases are processed or documented as a single transaction by the coffee shop.
5. All single-serving sales must comply with the following requirements:
a. The number of servings of liquor sold and served during each point-of-sale transaction may not exceed the number of patrons who are physically present at the counter during the transaction and who have presented identification in accordance with Section 5.09.100.P.4 of this Code.
b. The sale and service of a serving of liquor to a patron or group of patrons for consumption by a patron other than the patrons who are physically present at the counter during the point-of-sale transaction and who have presented identification in accordance with Section 5.09.100.P.4 of this code is prohibited.
c. Each and every single serving of liquor, other than the first two servings of liquor, sold to each patron must be accompanied by a sale of food to each patron. For the purpose of this Section 5.09.100.P, "food" means baked goods, sandwiches, salads, prepared snacks, and similar items. "Food" does not mean candy, mints, gum, and similar items.
6. All sales of bottles of wine must comply with the following requirements:
a. Each bottle of wine must be purchased for consumption by not less than two patrons.
b. The sale of more than one bottle of wine during each point-of-sale transaction is prohibited.
c. The sale of a bottle of wine for consumption, in whole or in part, by any patron or patrons who are not physically present at the counter during the point-of-sale transaction and who have not presented identification in accordance with Section 5.09.100.P.4 of this Code is prohibited.
d. Each bottle of wine sold must be accompanied by the sale of food.
7. All employees of a coffee shop licensed pursuant to this Section 5.09.100.P who are on duty during the hours when liquor may be served pursuant to the license must have completed state BASSET training.
Q. Class P License. The Class P license authorizes the Winnetka Park District to engage in the retail sale and service of alcoholic beverages, at the "Halfway House" and in the clubhouse of the Winnetka Park District Golf Course, during the hours provided in section 5.09.250
of this chapter, and subject to the following terms and conditions:
1. Clubhouse service. The sale and service of alcoholic beverages in the clubhouse shall be incidental and complementary to the sale and service of food in the clubhouse food service facility and shall be for consumption only in the clubhouse food service area. Subject to the provisions of Section 5.09.205
of this chapter, the sales and service of alcoholic beverages at the clubhouse food service facility may include the occasional service of alcoholic beverages without the service of food.
2. Halfway house service. The sale and service of alcoholic beverages at the Halfway House shall be limited to persons the attendants at that facility reasonably believe to be at the Winnetka Park District Golf Course for the principal purpose of engaging in golfing activities. No such service shall be permitted if the Winnetka Park District Golf Course is not open for operation. Alcoholic beverages served at the Halfway House may be taken from the Halfway House for consumption in any other part of the Winnetka Park District Golf Course. Food and liquor may be served at a counter or bar at the Halfway House. Subject to the provisions of Section 5.09.205
of this chapter, the sale and service of alcoholic beverages at the Halfway House may include the occasional service of alcoholic beverages without the service of food.
3. Food and liquor may be served at a counter, bar or waiting area within the clubhouse food service facility, provided that the percentage of the total space available that is allocated to counter, bar and waiting area service in the clubhouse food service facility shall not exceed ten (10) percent of the total space of the food service facility that is accessible to patrons.
4. No alcoholic beverages shall be removed from the clubhouse or Halfway House for consumption on any Winnetka Park District property other than the Winnetka Park District Golf Course. For purposes of this provision, the Winnetka Park District Golf Course shall include the Golf Course's clubhouse and Halfway House facilities, as well as connecting paths and walkways, but shall exclude all other areas of the Park District's facilities, including other buildings and activity centers, parking lots and external walkways.
R. Class W Wine Station Rider License. A Class W wine station rider license authorizes a Class A, Class A-1, Class A-2 or Class A-3 licensee to allow certain of the licensee's customers to dispense individual servings of wine for their own consumption from one or more wine stations located in a customer seating area, subject to the following conditions:
1. The customer seating area in which the wine stations are located shall be adjacent to, but separate from, all other seating areas of the licensed premises and shall be defined in the application and specified in the license.
2. The number of wine stations to be permitted under the Class W license shall be specified in both the application and the license.
3. No person under the age of 21 shall be permitted in that part of the licensed premises that is the subject of the Class W license.
4. A host or hostess who is at least 21 years old shall be present at all times in the seating area with the wine stations, to monitor admission to and service within that area.
5. All members of the service staff in the seating area with the wine stations shall be at least 21 years old.
6. Admission to the wine station area shall be limited only to customers who have been seated there for meal service.
7. Each wine station shall be set to provide pre-measured servings of wine.
8. The dispensing process of the wine stations shall be activated only by inserting a pre-paid card or by using a similar electronically coded device that is purchased by the customer from the licensee for use by the customer, or that is possessed and used solely by the licensee's service staff for service to licensee's customers.
9. No customer shall dispense more than a single serving of wine at a time.
10. The full service of alcoholic beverages shall be permitted in the wine station area, including the occasional service of alcoholic beverages without the service of a full meal as provided in section 5.09.205
of this code, provided that the self-service of wine from a wine station without the service of a full meal is expressly prohibited.
11. The pre-paid card or similar device used for dispensing wine from the wine station shall be encoded so as to enable the licensee to maintain records of the numbers of cards issued, the dates and amounts of the pre-payments posted to each card, the size and number of servings charged against each card, and the dates on which such servings occurred.
12. A Class W license shall not be required for any wine station that is located behind a bar or in a part of the licensed restaurant's premises that is accessible only to the licensee's employees.
13. All Class W licenses shall expire on the same date as the underlying license, unless the rider is terminated sooner pursuant to the procedures established in this chapter.
14. The service of wine using a wine station shall at all times be deemed service by the licensee, whether the wine is dispensed (i) by the licensee or an employee of the licensee for service to a customer, or (ii) by a customer for the customer's own consumption.
15. The Local Liquor Commissioner, in the exercise of his or her discretion, shall have the authority to impose such other conditions for the issuance of a wine station rider license as he or she may deem reasonably necessary.
S. Class X Special Use Permit License. Class X licenses authorize an Illinois licensed liquor retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specifically designated for such license to sell or serve alcoholic beverages, but not for resale in any form, at picnics, outings, festivals, theater nights, or other such similar special occasions for consumption on the premises or within the area specifically designated for such license. A Class X special use permit license may be granted for a maximum of 15 days per location in any 12 month period.
1. An applicant for a Class X special use permit license must also obtain a State of Illinois special use permit license, in accordance with Section 5-1(q) of the Liquor Control Act of 1934.
2. The sale and service of alcoholic beverages under a Class X special use permit license may also include sidewalk service of alcoholic beverages for consumption in an outdoor seating area, subject to the conditions set forth in section 5.09.105 of this chapter, provided that the area and terms of such service shall be defined in the license.
3. The hours of service shall be as provided in section 5.09.250 of this chapter and shall be specified in the license, along with the date(s) of the authorized sale of alcoholic liquors under this section.
4. Notwithstanding any limitations set forth in this subsection, any Class X special use license issued to an authorized vendor for the Winnetka's Farmers' Market shall authorize the vendor to sell or serve alcoholic liquor at the Winnetka Farmers' Market when the Market is operational for the entire season, and the vendor shall not be required to obtain a separate Class X license for each day of the Market.
T. Class Y Licenses. Class Y licenses authorize the retail sale and service of alcoholic beverages by banquet and reception halls.
1. For purposes of this section, a banquet and reception hall is:
a. A facility rented out for private events, which involves the service of food prepared on-site and seating is provided at tables; and
b. Has a restaurant or specialty food store and beverage shop located along the sidewalk that occupies no less than 60 percent of the street frontage of the building space occupied by the banquet and reception hall.
2. Such license shall authorize:
a. The retail sale and service of alcoholic beverages for on-premises consumption in both the banquet space and specialty food store and beverage shop portion of the banquet or reception hall; and
b. The packaged sale of alcoholic beverages for off-premises consumption from the portion of the banquet and reception hall used as a food store and beverage shop.
(Prior code § 35.10) (MC-04-2023, Amended Subsection S, 03/21/2023; MC-03-2022, Amended Subsection E, 12/06/2022; MC-5-2021, Amended Subsection P, 10/19/2021; MC-1-2021, Amended Subsection O, 01/19/2021; MC-4-2019, Amended, 06/04/2018, (Subsection T added); MC-6-2018, Amended Subsection K, 09/04/2018; MC-2-2018, Amended Subsection I, 04/17/2018; MC-3-2017, Amended, 03/21/2017, Subsection S added; MC-7-2015, Amended, 01/05/2016; MC-4-2015, Amended, 06/16/2015; MC-4-2014, Amended, 04/01/2014; MC-3-2013, Amended, 8/20/2013; MC-2-2012, Amended, 04/17/2012, Subsection O added; MC-6-2011, Amended, 12/20/2011, Amended Subsection N; MC-4-2011, Amended Subsections K and M, 05/03/2011; MC-11-2009, Amended, 10/06/2009, Subsection K added; MC-4-2008, Amended Subsection L, 06/17/2008; MC-2-2007, Amended, 02/06/2007; MC-2-2006, Amended Subsection E, 04/11/2006; MC-10-2003, Amended, 06/03/2002, Subsection M added; MC-6-2003, Amended, 05/20/2003; MC-14-2002, Amended, 12/03/2002, Added subparagraph (1) of J; MC-9-2002, Added, 09/17/2002; MC-4-2001, Amended, 06/05/2001; MC-3-2001, Amended, 05/01/2001, Subsection J added)