The regulations in this section apply to so-called BYOB (Bring Your Own Bottle) and which are applicable to certain classes of businesses within the Village.
(A) It shall be expressly permissible for restaurants and tobacco dealers in the village to allow patrons to bring in their own alcoholic beverages and for the restaurant or tobacco dealer to provide glassware or other vessels to those patrons, provided they have a village-issued BYOB permit for the same. Businesses may also provide storage lockers for customers to keep their alcoholic beverages on premises, but each such individual locker shall be keyed or coded individually so that no one other than the customer assigned that locker shall have access to it; provided, however, that the business may maintain a master key or combination for the purposes of clearing out the lockers in the event of disuse by a customer or other legitimate business reasons.
(B) To qualify for a BYOB permit, a restaurant shall be required to have a current license from the Lake County Health Department; and a tobacco dealer must have a current Class B Tobacco Dealer’s License issued by the Village of Winthrop Harbor. Further, the qualifying business must not be in arrears in any fees owed to the village, and no person owning more than 5% of the business shall have been convicted of a felony or a misdemeanor involving dishonesty, such as fraud or theft.
(C) The owner of a qualifying business may apply for a permit by providing a sworn statement on a form provided by the Village Clerk, submitting to a background check and paying the annual fee.
(D) No business shall allow any person to consume alcohol on the premises unless it holds a valid current BYOB permit or a valid current liquor license.
(E) No person under 21 may consume alcohol on the premises of any business.
(F) Patrons must be served food, cigars or other tobacco products and cannot simply sit and drink alcoholic beverages at the restaurant or tobacco dealer.
(G) No alcohol may not be consumed in the premises at any time between 11:00 p.m. and 11:00 a.m. the following morning.
(H) Gambling of any kind is prohibited in the premises.
(I) Public intoxication is not permitted by this section and business owners and managers shall promptly eject persons who have become intoxicated, and, if necessary to call the police promptly for assistance.
(J) No employee or owner of the business may consume alcohol on the premises or be intoxicated while working at the premises.
(K) No alcoholic beverages may be poured or consumed by any adult in a booth or table where a minor is seated, unless the minor is accompanied by a parent or legal guardian, and is properly supervised.
(L) The business shall be permitted to charge a fee for providing glassware or opening bottles, sometimes known as “corkage”. However, the owner and employees of the business shall not be permitted to pour any alcoholic beverage. The business shall further be permitted to charge locker fees if lockers are provided for customers.
(M) The BYOB permit is not considered a pouring license, and a business which qualifies for a BYOB permit is not considered a liquor licensee or otherwise qualified to hold a terminal operator’s license as that term is defined within the Illinois Video Gaming Act, ILCS Ch. 230, Act 4, §§ 1 et seq., unless that restaurant also holds a valid and current local and state issued liquor license.
(N) The annual fee of $100 applies to all businesses holding BYOB permits. This fee is in addition to all other license fees applicable to the businesses.
(O) Any proven violation of the provisions of this section shall be considered grounds to revoke this grant of permission by the Village President upon not less than three days’ written notice. In the event of such revocation the affected business may appeal to the Village Board whose majority decision shall stand as the final administrative act of the village.
(P) A violation of the provisions of this section shall also subject the offender to penalties as provided in the chart of fines set forth in § 39.07 of this code.
(Ord. 2016-O-7, passed 6-7-16; Am. Ord. 2020-O-1, passed 1-7-20) Penalty, see § 39.07