CHAPTER 3
LIQUOR CONTROL
LIQUOR CONTROL
SECTION:
3-3-1: Purpose
3-3-2: Definitions
3-3-3: Local Liquor Control Commissioner
3-3-4: License Required
3-3-5: Application For License
3-3-6: Restrictions On Issuance Of License
3-3-7: Examination And Investigation Of Applicant
3-3-8: License Classifications
3-3-9: License Fees
3-3-10: Number Of Licenses
3-3-11: Insurance Required
3-3-12: Certificate Of Conformance
3-3-13: Term Of License; Renewals; Forfeitures
3-3-14: Transfer Of License; Changes In Licensee
3-3-15: Temporary License
3-3-16: Conditions Of License
3-3-17: Building And Location Restrictions
3-3-18: Sanitary Conditions
3-3-19: Attire
3-3-20: Prohibited Acts And Conditions
3-3-21: Certain Sales Prohibited
3-3-22: Minors
3-3-23: Violation Of Retailers' Occupation Tax Act
3-3-24: Application Of Other Provisions
3-3-25: Suspension Or Revocation Of License; Fines
3-3-26: Records Kept
3-3-27: Violations And Penalties
It is the policy of the village to limit the sale of alcoholic liquor at retail primarily to the sale in its original package or by restaurants, hotels or motels. It is not deemed conducive to the promotion of this public policy to allow the sale of alcoholic liquor at retail for consumption on the premises where sold as a sole or primary business to be conducted within the village. Further, it is the policy of the village to limit the purchase, consumption or possession of alcoholic liquor to persons of the age of twenty one (21) years or older and to prevent intoxication, disorderly conduct, trespasses, unruly disturbances at public or private assemblies, and similar conduct that often results from the purchase, consumption or possession of alcoholic liquor by persons under the lawful age. (1976 Code §3-1)
All words and phrases defined in an act entitled "an act relating to alcoholic liquors" approved January 31, 1934, as amended from time to time, as set forth generally in 235 Illinois Compiled Statutes 5/1-3 et seq., are hereby incorporated and made a part of this chapter. Unless the context otherwise requires, the following, as used in this chapter, shall be construed as follows:
CONTROL OF PREMISES: To be in control of a premises or to have a premises under one's control shall mean a legal or beneficial ownership, rental, lease or license. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise clearly in charge of and controlling a particular premises.
DEDICATED EVENT SPACE: A room or rooms or other clearly delineated space within a retail licensee's premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may be used to clearly delineate a dedicated event space.
DELIVERY OF ALCOHOLIC LIQUOR: The sale, gift or exchange of an alcoholic liquor from one person to another. Delivery is meant to include providing of any alcoholic liquor of whatever kind or nature from one person to another.
FALSE IDENTIFICATION: Any document used for identification or proof of age that has been altered or defaced or that contains false or misleading information or that contains a name that is not the actual name of the person using it.
IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of alcoholic liquor. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio.
LIQUOR CONTROL ACT: The provisions of "an act relating to alcoholic liquors", approved January 31, 1934, as amended, and as set forth in 235 Illinois Compiled Statutes 5/1-2 et seq.
MEAL PACKAGE: A food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to the food, including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed price by a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
MOTEL: Every building or other structure falling within the definition of "hotel" as defined in 235 Illinois Compiled Statutes 5/1-3.25.
OPERATION OF A MOTOR VEHICLE: Shall include physical control of a motor vehicle. It shall mean the operation or control of a motor vehicle anywhere in the village of Woodridge, whether on private property or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle that person shall be presumed to be in physical control, regardless of the person's location in the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there are persons in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle.
PARENT: A natural or adoptive parent or a court designated guardian.
PARTY PACKAGE: A private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.
UNDERAGE PERSON: Any person under twenty one (21) years of age.
VICARIOUS LIABILITY: The liability that is implied as a matter of law even though the person may not have directly caused an injury to another person. (Ord. 2015-43, 8-20-2015)
A. Mayor To Serve As Commissioner: The mayor shall be the "local liquor control commissioner" as defined in the liquor control act 1 , paragraph 5/4-2 and shall be charged with the administration of the liquor control act and of such ordinances and resolutions related to alcoholic liquor as may be enacted by the mayor and board of trustees of the village. (1976 Code §3-3)
B. Compensation: The compensation otherwise provided for the office of mayor as set forth in subsection 1-5-1A1 of this code shall be deemed to include compensation to the mayor for acting in his or her capacity as local liquor control commissioner. (Ord. 88-51, 10-27-1988)
C. Powers And Duties: The local liquor control commissioner shall have the following powers and duties:
1. To grant and/or suspend for not more than thirty (30) days or revoke for cause, all local licenses issued to persons or entities for premises within the village. In lieu of suspension or revocation of a local license, the local liquor control commissioner may instead levy a fine on the licensee. The fine imposed shall not exceed one thousand dollars ($1,000.00) for each violation. Each day on which a violation continues shall constitute a separate violation. Not more than ten thousand dollars ($10,000.00) in fines may be imposed against any licensee during any license year.
2. To enter or to authorize any law enforcement officer to enter, at any time, upon a premises licensed hereunder, to determine whether any of the provisions of the state statutes or this code, or any rules or regulations adopted by the village or by the Illinois liquor control commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.
3. To receive complaints from any citizen within the village when any provision of the state statutes or this chapter have been or are being violated and act upon such complaints in the manner provided by law.
4. To receive local liquor license fees and deposit same to the credit of the village.
5. To examine, or cause to be examined, under oath, any applicant for a local license or for the renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, or any licensee against whom a citation proceeding has been instituted by the Illinois Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee; and to hear testimony and take evidence for his information in the performance of his duties, and for such other purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining any of the information desired by the Local Liquor Control Commissioner under this subsection, he may authorize his agent to act on his behalf.
6. To order, by issuance of a written order, any licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, if the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the Village; except, that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
7. To make such reasonable rules and regulations as he may deem necessary in the performance of his duties. (1976 Code §3-5)
Notes
1 | 1. 235 ILCS 5/4-2. |
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