Policy Explorer: “liquor license”

(a) No license or permit for the operation of a business, establishment or activity in the municipality shall be construed to permit its operation in more than one location in the municipality; a separate license or permit shall be required for each location.

For the purpose of this Code, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be connected or shall be located on the same lot or parcel, shall be operated and managed by the same person or owner, and shall be established with the same classification.

(b) The location of any licensed business or occupation, other than the sale of alcoholic liquors, or the location of any permitted act, may be changed provided that the clerk's office shall be given sufficient notice of such intended change in location to determine that the operation for which the license is required conforms with all applicable ordinances and regulations of the municipality at its new location.

(Ord. No. 86-3-1, § 1(9), 3-3-86)

Retail sales, service, offices, wholesale, warehouses/distribution, transportation & manufacturing Buildings under roof 0— 1,500 square feet .....$75.00 1,501—3,000 square feet .....85.00 3,001—6,000 square feet .....95.00 6,001—12,000 square feet .....110.00 12,001—20,000 square feet .....130.00 20,001—30,000 square feet .....155.00 30,001—40,000 square feet .....180.00 40,001—60,000 square feet .....225.00 60,001—over square feet .....250.00 Restaurants/banquet facilities/meeting rooms Buildings under roof 0— 1,500 square feet .....$50.00 1,501— 2,500 square feet .....70.00 2,501— 3,500 square feet .....100.00 3,501— 4,500 square feet .....125.00 4,501— 5,500 square feet .....200.00 5,501— 7,000 square feet .....250.00 7,001— 9,000 square feet .....310.00 9,001—12,000 square feet .....420.00 12,001—15,000 square feet .....525.00 15,001—20,000 square feet .....625.00 20,001—30,000 square feet .....725.00 30,001—Over square feet .....825.00 Motels For the first 100 rooms, per room .....$35.00 For each room thereafter in said motel, per room .....25.00 Home occupation All categories .....$75.00 Special sales Special sales such as tent sales, sidewalk sales, etc., not a normal operation of an established business, whether wholesale or retail shall be required to obtain a license from the building department at a fee of $65.00 per day.

Automatic vending machines Value Rate $0.01—$0.05 .....$ 7.50 0.10— 0.20 .....15.00 0.25— 0.50 .....25.00 0.55— 0.75 .....35.00 0.80— 1.00 .....45.00 Over 1.00 .....55.00 Cigarettes over counter .....75.00 (Dispenses products, i.e., pop, candy, gumballs, stamps, cigarettes.)

Gas filling stations (per pump) .....10.00 Coin-operated machines (Coin-operated machine provides service.)

Description Rate Dryer .....$10.00 Washer .....10.00 Dry cleaning .....10.00 Coin changer .....10.00 Jukebox .....150.00 Games of skill .....150.00 Billiard/pool table .....50.00/per table Contractors Category Rate Junk/Scavenger .....$600.00 Junk truck .....5.00d 100.00y General contractor .....200.00 All others .....100.00 In town contractors with business plus bond, license certificates are not required to pay these additional fees, but must provide bond. All license permit bonds shall be for a period of two years.

Businesses Category .....Rate ATM .....$100.00 Advertising bench .....100.00 Advertising billboard .....1

For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Action. Recoupment, counterclaim, setoff, suit at law or in equity, and any other proceeding in which rights are determined.

Building commissioner. The building commissioner or any person designated by the building commissioner. Certified as a residential operator: The annual certification of a landlord of a residential rental unit or structure, who has been issued a residential operator's license, a security certificate, as described herein, and a certificate of completion of a community awareness training program presented by the Alsip Police Department.

Chief of police. The chief of police of the Village of Alsip.

Chronic public nuisance property. Any rental unit at, in or which any three or more public nuisances have occurred within any one-year period, and any multi-family rental structure at, in or which any six or more public nuisances have occurred within any one-year period.

Code. Any state statute, village code provision or ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

Conditional license. A temporary residential operator's license issued to permit the rental of a rental unit or structure that has a violation or violations of applicable regulations, or to permit the rental of a rental unit or structure prior to attendance by the landlord, or a designated agent, at the required crime free housing seminar.

Crime free housing seminar. A seminar sponsored by the Alsip Police Department to provide information to landlords and their designated agents regarding the landlord-tenant requirements under the Village Code, including the crime-free housing leasing provision described in this article.

Dwelling unit. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping.

Inspection group. That portion of a building or those buildings within an apartment complex as may be under the same legal and/or beneficial ownership.

Landlord. The owner, lessor or sublessor of a dwelling unit or the building of which the dwelling unit is a part.

Multi-family rental structure. A building which contains three or more dwelling units, of which at least 50 percent are rental units.

Notice. Unless otherwise stated in thi

(a) A residential operator's license shall not be issued until the landlord, or designated agent, has attended and successfully completed the Village of Alsip's crime free housing seminar. Licenses shall be null and void if the landlord, or designated agent, fails to comply with the seminar requirement by January 1, 2008.

(b) In the event that a landlord makes application for a residential operator's license and has met all other license requirements, but a crime free housing seminar is not available, a conditional license may be issued, effective no more than three months from the date of issuance, subject to attendance and successful completion by the landlord, or his/her designated agent, of that seminar within that time period. Upon completion of the seminar within that time period, a residential operator's license shall be issued for the balance of the year.

(c) In the event that a designated agent attends the crime free housing seminar to comply with this section, and that agent is no longer employed by the landlord or designated by the landlord to be responsible for managing the rental unit and/or multi-family residential structure under the residential operator's license, the landlord, or a newly designated agent, shall attend and successfully complete the seminar within three months of that event.

(d) A landlord of a residential rental unit or structure may be certified as a residential operator upon issuance of a residential operator license, and a certificate of completion of the crime free housing seminar. The certification as a residential operator shall be issued on an annual basis, subject to annual compliance with the above requirements.

(e) At any time after two (2) years from the date of the issuance of a residential operator's license, a landlord or designated agent may be required to attend and successfully complete the crime free housing seminar. Such requirement shall be subject to the determination of the chief of police who shall consider the following in making such determination:

(1) Whether the rental property, subject to the residential operator's license, is in danger of becoming a nuisance rental property as defined in this section; and

(2) Whether the criminal activity is occurring on the premises and the landlord has failed to initiate eviction proceedings or take other appropriate action.

(f) A residential operator's license shall not be renewed if attendance is required and not complete within three months of the notice to that effect. Such notice shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent license application.

(g) The chief of police shall maintain a list of landlords and/or designated agents who have attended the crime free housing seminar and/or who are certified residential operators, along with the dates of attendance and verification that the landlord or designated agent has otherwise complied with the Village Code to be eligible fo

For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Act. The Video Gaming Act, 230 ILCS 40/1, et seq.

Amusement and recreation establishment. Any indoor establishment where three or more coin operated amusement devices is located. Board. The Illinois Gaming Board.

Coin operated amusement device. Any device which, upon the insertion of a coin, slug, token or disk, may be operated by the public as a game, entertainment or amusement, including, but not limited to, juke boxes, marble machines, dart boards, movie and video booths or stands, electrically operated devices upon a table or board having holes, pockets, cups or electrically activated devices that are actuated by said balls, pinball machines, skill ball machines, electronic games using a video screen or electrical impulses and any other type of mechanical game the object of which is to secure a particular score or high score by the use of balls, spheres, springs, trigger devices or electrical impulses. Coin operated amusement devices shall not include a pool or billiard table licensed by this chapter.

Commercial motor vehicles. As defined in Section 18b-101 of the Illinois Vehicle Code, 625 ILCS 5/18b-101. Licensed establishment. Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit basis. "Licensed establishment" includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Illinois Horse Racing Act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under this Act to any licensee licensed under the Illinois Horse Racing Act of 1975.

Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be (i) an inter-track wagering location licensee, (ii) the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975, or (iii) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois Horse Racing Act of 1975. "Licensed establishment" does not include a facility operated by an organization licensee, an inter-track wagering licensee, or an inter-track wagering location

For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.

Employer means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.

Enclosed area means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

Enclosed or partially enclosed sports arena means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

Gaming equipment or supplies means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

Gaming facility means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within he

Unless the context otherwise requires, words and phrases are used in this chapter in the sense given them in this section:

Alcohol. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the original thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.

Alcoholic liquor. Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent or less, of alcohol by volume.

Beer. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops, in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.

Club. A group of persons or a corporation organized under the laws of this state, not for pecuniary profit, or organized solely for the promotion of some common object other than the sale of or consumption of alcoholic liquors, which is kept used, and maintained by its members and owns, hires, or leases a building or space in a building of such extent and character as may be suitable and adequate for reasonable and comfortable use and accommodation of its members and their guests and is provided with suitable and adequate kitchen and dining room space and equipment. However, such a club shall file with the local liquor control commissioner at the time of its application for an original license or renewal thereof, a list of the names, resident addresses, and phone numbers of its officers and members.

Consumption sales. The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.

Limited liability company (L.L.C.). Limited liability company has simultaneously the business organization law benefit of limited liability for all owners and tax benefit of partnership federal income taxation. It will be treated as a corporation for purposes of this chapter.

Original package. Any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or container whatsoever used, corked, capped, sealed, and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.

Patron. Any customer, attendee or visitor of a licensed establishment who is not an employee of the establishment.

Restaurant. Any public place kept, used, maintained, advertised, and held out to the public as a place where meals are actually and regularly served on the premises, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and serve the food in a full-service operation rather than a fast-food serv

Any person, firm, partnership, or corporation violating any provision of this article shall be guilty of a Class B ordinance violation. Each day the violation occurs constitutes a separate offense. In addition, the local liquor control commissioner shall have the power to revoke, non-renew, or suspend licenses and fine licensees as set forth in section 4-75 of this chapter, as amended.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 2001-1-2, § I, 1-22-2001; Ord. No. 2010-7-6, § 1, 7-19-2010)

The local liquor commissioner shall have the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, nonresident dealers, nonbeverage users, brokers, railroads, airplanes and boats.

(1) To grant and or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within his jurisdiction;

(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or the Illinois Liquor Control Act or any rules or regulations adopted by him or by the state commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;

(3) To notify the secretary of state where a club incorporated under the General Not for Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under the act has violated the act by selling or offering for sale at retail alcoholic liquors without a retailer's license;

(4) To receive complaint from any citizen within his jurisdiction that any of the provisions of the act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints as provided;

(5) To receive local license fees and pay the same forthwith to the village treasurer as the case may be; and

(6) To levy fines;

(7) To appoint a person or persons to assist him in the exercise of the powers and the performance of duties herein provided for such local liquor control commissioner.

(Ord. No. 94-11-3, 11-7-94)

It shall be unlawful for any licensee in the conduct of the licensed premises or upon the licensed premises to violate any law of the state, any law of the United States, or any rule of the state liquor control commission.

(Ord. No. 94-11-3, 11-7-94)

(a) No licensee shall sell, offer for sale, or deliver any alcoholic liquor after the closing hour. After the closing hour all doors directly opening into or out of the licensed premises shall be securely locked and no patrons or customers shall be allowed into the premises. All premises shall be vacated within 20 minutes after the closing hour.

(b) The above prohibitions shall not apply to licensed premises wherein the sale of alcoholic liquor is incidental to the sale or service of other items therein; such as grocery stores or restaurants.

(c) All licensees shall be required to allow police officers into the licensed premises after the closing hour in order to determine the compliance with this chapter.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 97-11-1, § 1, 11-3-97)

(a) No retail licensee or employee or agent of such licensee shall:

(1) Sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor;

(2) Sell, offer to sell or serve to any person an unlimited number of drinks of alcohol liquor during any set period of time for a fixed price, except at private functions not open to the general public or as otherwise provided in subsection (b);

(3) Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;

(4) Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or

(5) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (1) through (4) above.

(b) As used in this section: "Dedicated event space" means 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 invites 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. "Meal package" means 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. "Party package" means 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 public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.

(c) A retail licensee may:

(1) Offer free food or entertainment at any time;

(2) Include drinks of alcoholic liquor as part of a meal package;

(3) Sell or offer for sale a party package only if the retail licensee:

a. Offers food in the dedicated event space;

b. Limits the party package to no more than three hours;

c. Distributes wristbands, lanyards, shirts, or any other such wearable item to identify party package attendees so the attendees may be granted access to the dedicated event space; and

d. Excludes individuals not participating in the party package from the dedicated event space;

(4) Include drinks of alcoholic liquor as part of a hotel package;

(5) Negotiate drinks of alcoholic liquor as part of a hotel package;

(6) Provide room service to persons renting rooms at a hotel;

(7) Sell pitches (or the equivalent, including, but not limited to, buckets of bottled beer), carafes, or bottles of alcoholic liquor whi

Every holder of a retail license, whether the licensee sells or offers for sale alcoholic liquors for use or consumption on or off the licensed premises, shall cause a sign with the message "GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS" to be framed and hung in plain view. These signs shall be a minimum of eight and one-half inches by 11 inches.

(Ord. No. 94-11-3, 11-7-94)

(a) No person under the age of 21 years shall consume, purchase or accept delivery of alcoholic liquor or have alcoholic liquor in his possession, excepting the possession and dispensing or consumption by a person under the age of 21 years of alcoholic liquor in the performance of a religious service or ceremony, the consumption by a person under the age of 21 years under the direct supervision and approval of the parent(s) or guardian(s).

(b) No person shall sell, give or deliver alcoholic liquor to a person under the age of 21 years, except as allowed in subsection (a) of this section.

(c) It shall be unlawful for any person under the age of 21 years to use false identification or the identification of another to obtain admittance to or obtain alcoholic liquor from any liquor establishment.

(d) It shall be unlawful for any person to sell, give or furnish any person under the age of 21 years any identification which is used by any other person for the purpose of gaining entrance into a liquor establishment or which is used for the purpose of purchasing or attempting to purchase any alcoholic beverage.

(e) It shall be unlawful for any person to employ or permit the employment of any person under the age of 21 years in any licensed premises where alcoholic liquor is consumed if their employment involves the sale, acceptance of money, checking of identification or serving of alcohol.

(Ord. No. 94-11-3, 11-7-94)

(a) It shall be unlawful for any licensee to conduct or allow a teen dance on any part of a licensed premises at any time during the period for which a liquor license is issued to those premises and alcohol is being served to other patrons.

(b) This section shall not prohibit any teen dance operated by any unit of government, any school or any religious organization whose church is located within the village.

(Ord. No. 94-11-3, 11-7-94)

(a) It shall be unlawful for any person to engage in the sale at retail of any alcoholic beverage of any kind without first obtaining a license therefor from the local liquor control commissioner.

(b) It shall be unlawful for any person to engage in business to, or conduct a business where patrons are allowed to bottle, blend, deliver, furnish, give, divide, distribute, barter, use, consume, possess, or store alcoholic liquors in any commercial establishment without first obtaining a license therefor from the local liquor control commissioner.

(c) It shall be unlawful for any person to deliver, distribute, sell, or otherwise make available to any person including guests, patrons, or members, any alcoholic liquors, for consumption on any non-residential premises, whether or not such premises is open to the public, whether or not consideration is exchanged, or whether or not such exchange of consideration is contemporaneous, without first obtaining a license therefor from the local control commissioner.

(d) It shall be unlawful for any person to bottle, blend, deliver, furnish, give, divide, distribute, barter, use, consume, possess, or store alcoholic liquors on any premises which has not been licensed by the local liquor control commissioner.

(e) It shall be unlawful for any person to furnish containers, water or other beverages for the mixture thereof for alcoholic liquors in any commercial establishment which has not been licensed by the local liquor control commissioner.

(f) It shall be unlawful for any person, organization, association, corporation, business, licensee, officer, agent, servant, or employee to allow or permit any persons to commit any of the acts prohibited in this section.

(g) It shall be unlawful for any person engaged in the business of leasing any premises to allow the use, sale, delivery, or consumption on the premises of alcoholic liquor without first securing a license or without the lessee first securing a license from the local liquor commissioner.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 2019-07-3, § 1, 7-1-2019)

Individual persons personally delivering or permitting the possession or consumption of alcoholic liquors on his own residential premises by himself, his family, or guests that do not involve an exchange of consideration shall be exempt from the licensing provisions of section 4-60.

(Ord. No. 2019-07-3, § 2, 7-1-2019)

The local liquor control commissioner may, as a condition to the issuance of any liquor license, impose such conditions and restrictions upon each license as he may deem necessary to ensure that operation of the liquor establishment shall not be harmful to the safety, morals, and welfare of the community.

(Ord. No. 94-11-3, 11-7-94)

Any changes in partnership, officers, directors, persons holding directly, beneficially or through any form of indirect or concealed ownership or control, more than five percent of the stock or ownership interest, or managers of establishments licensed under this article, shall be reported in writing to the local liquor commissioner within ten days of the change. All new personnel shall meet all the standards of this chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the local liquor commissioner. In the event of a change of the manager of a licensee, the licensee shall submit a "change of manager" application in the form prescribed by the village, and shall upon submittal pay a nonrefundable fee of $500.00. Said fee shall include the cost of fingerprinting the new manager and administration processing.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 2015-5-4, § 2, 5-18-2015; Ord. No. 2015-11-1, § 2, 11-2-2015)

(a) Every person desiring to engage in the business of selling at retail shall make application in writing on forms furnished by the village for a license, stating his name, age, residence, length of time in business, whether he then holds or has theretofore held a license to conduct such business in any other village or city in the state, whether he has ever been refused such license by any municipality within the state and whether any license theretofore granted to him for the conduct of such business has ever been revoked. Such written application shall be verified. Such application shall be filed with the local liquor control commissioner; and such application shall, at the time of the filing of the same, pay to the commissioner in cash the required application fee.

(b) All applications for license under this chapter shall be delivered to the local liquor control commissioner. It shall be the duty of the local liquor control commissioner to investigate and consider the application. For this purpose the local liquor control commissioner may enlist the aid of the chief of police and any other village officials or officers that he deems necessary to complete the investigation. The investigation shall include a background and credit check. Upon completion of the investigation the local liquor control commissioner shall approve or disapprove the issuance of a license based on the application, provided, in case of approval, that there exists an available license as set forth in this chapter.

(c) Before any action is taken upon any application as provided in this chapter, the applicant shall pay to the village the sum of $1,000.00, no part of which shall be refundable, to cover the village's cost in reviewing and investigating such applicant.

(d) As part of the application process, the applicant may be required to execute a sufficient number of "personal inquiry waiver" forms so as to allow the liquor commissioner to obtain information about the applicant, and information about the business located outside the village in which the applicant has an interest, from other jurisdictions and law enforcement agencies.

(e) Except for applications for new licenses during the course of the annual year, every application for renewal of a license shall be completed and in the hands of the local liquor control commissioner at least 15 days prior to the beginning of the annual year. No application will be accepted or approved unless the application is fully completed, the questions answered, properly signed and verified. Failure to complete the application and to file the same within the time limit prescribed herein shall be deemed grounds for refusal of the local liquor control commissioner to review such license.

(f) The application shall contain such queries as shall intelligently inform the local liquor control commissioner as to whether or not the applicant is eligible for a license and complies with the applicable requirements of the Liquor Control Act

No license required by this chapter shall be issued to:

(1) Reserved;

(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, if the commissioner determines after the investigation that such person has not been sufficiently rehabilitated to warrant the public trust;

(5) A person who has been convicted of being the keeper 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 issued under this chapter 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 first application;

(9) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license;

(10) A corporation, if any officer, manager, or director thereof, or any stockholders owning in aggregate more than five percent 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 political subdivision;

(11) A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act 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 by 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, subsequent to the passage of this section, 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 local liquor control commission, the president of the village, any member of a village board of trustees; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor;

(16) A person who is not beneficial owner of the business to be operated by the licensee;

(17) A person who has been convicted of a gambling offense;

(18) A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period;

(19) A co-partnership to which a federal gaming device stamp or 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

No liquor license shall be issued within 100 feet of any church, school, day care center, child care facility, nursery, or any business engaged in caring or instructing children under 18 years of age, or home for the aged or indigent persons or for veterans, their surviving spouses or children or any military or naval station. In the case of a church, the distance shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Otherwise, the 100-foot distance is measured from property line to property line. The foregoing locational restrictions shall not apply to nonconforming licensed premises for which a license has been issued on or before February 16, 2009, or any renewal of such license.

No church, school, day care center, child care facility, nursery, or any business engaged in caring or instructing children under 18 years of age, or home for the aged or indigent persons or for veterans, their surviving spouses or children or any military or naval station shall be located within 100 feet of any premises for which a license has been issued pursuant to this chapter. The same points of measurement governing the issuance of a liquor license shall apply to the prohibition on the foregoing uses.

No alcoholic beverage shall be sold, offered for sale, kept for sale, displayed or advertised for sale at retail or delivered to any person purchasing same at retail, except at the location, place or premises described in a liquor license.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 2009-2-2, § 1, 2-16-2009; Ord. No. 2015-2-4, § 1, 2-16-2015; Ord. No. 2017-11-5, § 1, 11-20-2017; Ord. No. 2019-08-3, § 1, 8-5-2019)

The licenses required by this article shall be classified as follows:

(1) A Class "A" license shall authorize the sale and consumption at retail of alcoholic liquor on the specified premises. Except as otherwise provided herein, the liquor purchased must be consumed on the premises where purchased. The annual fee is set out in section 4-78 and is payable on January 1 of each year. Notwithstanding the foregoing, the retail sale of bottled wine and spirits in the original package within the retail wine and spirits area for consumption off the premises is authorized for a restaurant holding a class A license. The retail wine and spirits area shall not exceed 50 percent of the total square footage of the premises. Further, wine and tasting bars shall be permitted in the retail wine area of said premises. Spirit tasting shall not be allowed in any retail spirits area of said premises. The sale, offer for sale, delivery or consumption of alcoholic liquors are governed by the hours of operation provided for in section 4-27. The establishment of a retail wine and spirits area in a restaurant shall not authorize the operation of additional video gaming terminals on the specified premises.

(2) A Class "B" license shall authorize the sale at retail of alcoholic liquor to be consumed only within the established location of a club by the members thereof and their guests.

The annual fee is set out in section 4-78 and is payable on January 1 of each year.

(3) A Class "C" license shall authorize the sale at retail of alcoholic liquor on the specified premises but shall not permit consumption thereon. No licensee under this subsection shall be permitted to sell single container sales of beer less than one quart. The annual fee for such license is set out in section 4-78 and is payable on January 1 of each year.

(4) A Class "D" license shall authorize the sale at retail of beer only, and said beer is to be consumed within the specified premises. The annual fee is set out in section 4-78 and is payable on January 1 of each year.

(5) Class "E" license shall authorize the sale at retail of beer and wine only and said beer and wine are to be consumed within the specified premises. The annual fee for such license is set out in section 4-78 and is payable on January 1 of each year.

(6) A Class "F" license shall authorize the sale at retail of beer and wine only and said beer and wine are not be consumed within the specified premises (sold as packaged liquors only). No licensee under this subsection shall be permitted to sell single container sales of beer less than one quart. This subsection shall include gasoline service stations provided that the following guidelines are met.

a. That the mini mart space must be at least 3,000 square feet.

b. That only 15 percent of the display space may be used for the sale of wine and beer.

The annual fee for such license is set out in section 4-78 and is payable on January 1 of each year.

(7) A Class "G" license shall aut

No person under the age of 21 shall be permitted within the premises of any liquor establishment licensed for the consumption of alcohol on the premises, other than restaurants or banquet type facilities or, unless they are with their parents or legal guardian.

(Ord. No. 94-11-3, 11-7-94)

State Law reference— Sales to, any possession, etc., by underage persons, 235 ILCS 5/6-16—5/6-20.

The local liquor commissioner may issue temporary liquor licenses for a period not to exceed five days for any special event. The type of alcoholic beverages to be served, the place of service, and the hours of service shall be established by the local liquor control commissioner. The liquor commissioner may impose a reasonable fee for such license.

(Ord. No. 94-11-3, 11-7-94)

All license fees required by this article shall be paid in full to the village clerk.

Upon payment of the license fee the said license fee shall be promptly turned over to the village treasurer for deposit in the corporate fund. There shall be no proration of any license fee and no refund of any fee paid for any unused portion of the license required. In the event that payment is not made by January 1st of any license year, then said license shall be deemed to have been abandoned by the licensee and said license shall automatically be terminated for the reason that same has been abandoned.

Liquor commissioner shall report any license abandonment to the village board at the first meeting in January.

(Ord. No. 94-11-3, 11-7-94)

No alcoholic liquor shall be sold at retail in any dwelling house, flat or apartment building, and no license therefor shall be issued under this article.

(Ord. No. 94-11-3, 11-7-94)

(a) The local liquor control commissioner may, at his discretion, permit the transfer of interest in or location of a license issued for the operation of the sale of alcoholic liquors at any location to which such license has been issued, suspended or revoked upon the payment to the village of the sum of $500.00, for such transfer, in addition to any other fees that may be required by section 4-71. No such transfer shall be made nor shall any license be issued to any premises to which a license has been issued to sell alcoholic liquors at retail, whether such business is a going business, has been previously operated and is not out of existence, or where the license has been suspended or revoked, without payment of the fee provided for in this section. For the purpose of this section, a transfer of any interest in a partnership, association, or in more than five percent of ownership in shares of the stock of a corporation shall be a transfer of interest and require the payment of the transfer fee provided for by this section.

(b) Except with the consent of the local liquor control commissioner, as provided in subsection

(a) above, licenses issued pursuant to the provisions of this chapter are not subject to sale, assignment, transfer or to a change of location.

(Ord. No. 94-11-3, 11-7-94)

(a) At all hearings, proceedings shall be taken and prepared by a certified court reporter, and an appeal shall be limited to a review of the certified official record of the proceedings of the local liquor control commissioner. The village attorney shall act as law officer, ask questions to clarify statements, advise the local commissioner on procedure and law, and otherwise assist the local commissioner in the conduct of the hearings. He shall not act as judge or jury or assist the local commissioner in making findings and determinations.

(b) In lieu of a hearing, the local liquor commissioner may pretrial the charges and on a plea of nolo contendere (no contest), fine the licensee for each act of violation and suspend or revoke the license as set forth in this section.

(c) The local liquor commissioner shall have the power to suspend any license for a period of not to exceed 30 days. In the case of revocation of any license, the local liquor control commissioner shall have the power to allow the use of the premises for the sale of alcoholic liquors after 90 days from the date of such revocation upon his determination that the public good will be served.

(d) The local liquor commissioner shall have the power to fine the licensee a sum not to exceed $5,000.00 for each act of violation, and the costs of the proceedings, including reasonable attorney's fees. The provisions of this subsection shall be cumulative to other powers given the mayor.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 2010-7-6, § 2, 7-19-2010)

State Law reference— License revocation or suspension, 235 ILCS 5/4-4, 5/7-5 et seq.

All costs of preparing and transcribing the official record on appeal to the state liquor control commission by the licensee shall be borne by the licensee whose license has been suspended or revoked or against whom a fine has been imposed.

(Ord. No. 94-11-3, 11-7-94)

(a) It is the intent of this section to provide for the regulation of nonconforming uses under this chapter and to specify those circumstances and conditions under which nonconforming uses shall be accepted or shall gradually be eliminated.

(b) Authority to continue nonconforming use. Any business which existed lawfully at the time of the adoption of this chapter and which remains or becomes nonconforming upon the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:

(1) Repairs and alterations. Ordinary repairs and alterations may be made to nonconforming use business, provided that no structural alterations shall be made to the premises, except those required by law, or except to make the premises or structure and use thereof conform to the regulations of the zoning district in which it is located.

Any other alterations or repairs are subject to approval of the village board of trustees.

(2) Relocation of the business to another location must conform to this chapter at the new location as well as the previous nonconforming location.

(3) Abandonment of the business will occur if the current licensee fails to renew such license as prescribed under section 4-71 and may only reapply for such license that conforms to the regulations of this chapter.

(4) Conviction of any offense, by any agency or court having legal jurisdiction, that would cause a license denial of a new applicant by any owner, partner or their agents must conform to this chapter and renewal of nonconforming use(s) shall not be allowed.

(5) Failure to comply with any other village ordinance or laws applicable to the business will require conformity with this chapter no later than the next renewal period.

(6) Authority of liquor commissioner to renew nonconforming licenses. The liquor commissioner shall have the authority to issue renewal licenses to operate as follows:

A-Late (4:00 a.m.) not to exceed four;

Show lounge (5:00 a.m.) not to exceed one.

(7) Automatic reduction of nonconforming license(s). In the event any nonconforming license is brought into conformance or ceases to operate, the number of licenses allowed under subsection (6) above, will be reduced by the corresponding number and such conforming category will be increased accordingly.

(Ord. No. 94-11-3, 11-7-94; Ord. No. 96-5-5, § 1, 5-20-96; Ord. No. 97-5-2, § 1, 5-5-97;

Ord. No. 97-12-2, § 1, 12-15-97)

Editor's note— Designated by Ord. No. 94-11-3 as §§ 4-80 and 4-81, these sections were redesignated as §§ 4-77, 4-78 for purposes of classification.

(a) An outside caterer may engage in the sale and service alcoholic liquor for a private party or event pursuant to the same terms and conditions as a holder of a Class "H" caterer liquor license upon the issuance of a validly issued temporary license issued by the local liquor control commissioner pursuant to section 4-70 of this Code.

(b) For purposes of this section, an outside caterer means a "caterer retailer" as defined in the State Liquor Control Act, 235 ILCS 5/1-3.34, as amended, whose primary business is located outside the village's corporate limits.

(c) An outside caterer shall provide the following prior to the issuance of a temporary license for a private party or event:

(1) The location, date, and time of the catering event.

(2) Proof of a valid license for the preparation of food for service off the licensed premises, issued by the appropriate licensing authority of the jurisdiction in which the applicant's catering business is located.

(3) Proof of its ability to store, handle, prepare, transport and serve food in a safe and sanitary manner in accordance with standards no less stringent than those imposed by this Code.

(4) Proof of a valid license for the sale of alcoholic liquor issued by the appropriate licensing authority.

(5) Proof of applicable dramshop insurance.

(6) Any additional information as required by the local liquor control commissioner or required by law.

(Ord. No. 2010-6-1, § 2, 6-7-2010)

(a) Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase or attempt to purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession.

(b) It shall be unlawful for any "person of nonage" that is, a person under the age of 21 years, to be or remain in any room, apartment, house, place or vehicle which is not licensed for the sale of alcoholic liquor under this chapter and wherein alcoholic liquor is being consumed by persons of nonage, except as otherwise provided in this chapter, provided however, a person of nonage shall not be in violation of this subsection where the room, apartment or house is that person's actual place of domicile, unless that person permits the use of the room, apartment or house when such person knows or in the exercise ordinary care should know of a substantial probability that such place is or will be used by persons of nonage for the consumption or possession of alcoholic liquor.

(Ord. No. 98-12-6, § 1, 12-21-98)

A.   Residential Parking Guidelines:

RESIDENTIAL

B.   Commercial Parking Guidelines:

COMMERCIAL

COMMERCIAL

COMMERCIAL (cont.)

COMMERCIAL (cont.)

C.   Industrial Parking Guidelines:

INDUSTRIAL

D.   Community, Educational, And Civic Parking Guidelines:

COMMUNITY, EDUCATIONAL AND CIVIC

COMMUNITY, EDUCATIONAL AND CIVIC

A.   Violation: Any person who pleaded guilty to, stipulated to the facts supporting a charge or has been found guilty of a violation of any section of this code shall be fined in a sum not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). No imprisonment for failure to pay such fine, penalty or cost shall exceed six (6) months for each offense.

ADJUDICATION HEARING CODE VIOLATIONS

A.   Conditions Of Office: The deputy local liquor control commissioner shall act until a new appointment is made by the mayor with the advice and consent of the Village Board.

B.   Duties: The duties of the deputy local liquor control commissioner shall be to act on behalf of and at the request of the commissioner or in the absence of the commissioner and shall be empowered with the same duties and function of the commissioner, which shall include but not be limited to attending all hearings, enforcing all requirements of the Village Code and licenses and performing all other duties incidental to the position of local liquor control commissioner. (1976 Code § 31.105)

C.   Hearings: All hearings regarding licenses and related matters shall be held at the Village Hall and shall be open to the public and be held in accordance with other such rules as established in the Village Code or in other provisions of applicable law.

D.   Compensation: The deputy local liquor control commissioner shall receive such compensation as the Village Board shall fix from time to time by ordinance or resolution. (Ord. 22-01-04, 2-9-2022)

All applications for building permits, zoning requests, subdivision requests, any type of license request, pursuant to any of the Village codes where the ownership is in a name other than the true owner, the true ownership shall be disclosed. This section shall apply to, but is not limited to, the following provisions of this Code:

(1976 Code § 36.001; amd. Ord. 08-03-06, 3-17-2008)

Application for such license shall be made to the village of Antioch in writing upon blanks prepared and furnished by the village (which may be on forms provided for joint filing with liquor licenses), signed by the applicant, if any individual; or by at least two (2) members of a partnership, if the applicant is a partnership, or if the applicant is a corporation, then by the president and secretary thereof, verified by oath or affidavit of the signers, and shall contain the following information and statement:

A.   The name, age and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in five percent (5%) or more of the profits thereof; and in the case of a corporation the date of the incorporation, the state of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and the name and address of all persons owning more than five percent (5%) of the stock, along with a copy of the corporate charter currently on file with the Illinois secretary of state;

B.   The citizenship of the applicant, their place of birth and if a naturalized citizen, the time and place of their naturalization;

C.   The character of business of the applicant;

D.   The length of time that the applicant has been in business of that character;

E.   In the case of a partnership, the date of the formation of the partnership;

F.   The applicant's current state tobacco license number from the department of revenue (unless already bonded under the cigarette tax act of the cigarette use tax act);

G.   The location and description of the premises or place of business which is to be operated under such license;

H.   A statement whether the applicant has made a similar application for a similar or other license on premises other than described in the application, and the disposition of such application;

I.   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 or any ordinance or statute;

J.   Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor;

K.   A statement that the applicant will not violate any of the laws of the state or of the United States or any ordinance of the village in the conduct of business;

L.   A statement that the applicant has, or is eligible for and will obtain, a license from the state of Illinois in the event such a license is required by applicable statute or departmental regulation. (Ord. 15-12-23, 12-21-2015)

A.   All annual business licenses, including liquor licenses, vending machine licenses and video licenses, shall terminate on May 31 of each year and their renewals shall commence on June 1 of each year. (Ord. 10-03-06, 3-15-2010)

B.   The village clerk shall mail to all licensees of the village a statement of the time of expiration of the license held by the licensee, if an annual license, three (3) weeks prior to the day of such expiration. However, a failure to send out such notice or failure of the licensee to receive it shall not excuse the licensee from a failure to obtain a new license or a renewal therefor, nor shall it be a defense in an action for operation without a license. (1976 Code § 110.008)

The Antioch liquor control commissioner shall have the following powers, functions, and duties:

A.   To administer the appropriate provisions of this chapter, all other ordinances and resolutions relating to alcoholic liquor as may be enacted by the board of trustees, and all legislation as may become applicable within the village with respect to the sale or use of alcoholic liquor.

B.   To issue or renew local liquor licenses in accordance with the provisions of this chapter.

C.   To deny any application for the issuance or renewal of a local liquor license to any applicant that the liquor control commissioner has determined to be ineligible therefor in accordance with the provisions of this chapter.

D.   To suspend for cause for not more than thirty (30) days, or to revoke for cause, any local liquor license in accordance with the provisions of this chapter.

E.   To receive and act on complaints from citizens that any of the provisions of this chapter or of any other applicable rules or regulations have been or are being violated, and to act on such complaints in the manner provided in this chapter.

F.   To enter, or to authorize any law enforcing officer to enter, at any time any premises licensed hereunder to determine whether any of the provisions of this chapter or any other applicable rules or regulations have been or are being violated, and at the time of such entry to examine such premises in connection with such determination.

G.   To notify the Illinois secretary of state when a club incorporated under the Illinois general not for profit corporation act, 805 Illinois Compiled Statutes 105/101 et seq., or a foreign corporation functioning as a club in Illinois under a certificate of authority issued under that act has violated the Illinois liquor control act, 235 Illinois Compiled Statutes 5/1-1 et seq., by selling or offering for sale at retail alcoholic liquor without a retailer's license.

H.   To examine, or cause to be examined, under oath, any applicant for a local liquor license or for a renewal thereof, or any licensee on whom notice of revocation or suspension has been served as provided by law, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof of information in the performance of his or her duties; and for such purpose to issue subpoenas which shall be effective in any part of the state.

I.   To keep or cause to be kept a complete record of all licenses issued under this chapter and to furnish the village clerk with a copy thereof; and, on the issuance of any new license, or the revocation or suspension of any existing license, to give notice of such action to the village clerk within three (3) days after such action.

J.   To report whenever requested by the board of trustees all of his or her acts taken to enforce this chapter and all acts taken in regard to the collection of liquor license fees.

K.   To require, one set of fingerprints o

For the purposes of this chapter, unless otherwise specifically provided, the following phrases shall have the meanings specifically ascribed to them:

ALCOHOLIC LIQUOR: Includes any alcohol, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to any liquid or solid containing one-half of one percent (0.5%) of alcohol by volume if dispensed by a licensed pharmacy pursuant to a medical prescription.

APPLICANT: The person or business entity (such as a partnership, corporation, LLC, LLP or similar entity) which operates, or will operate, the licensed business.

CLUB: A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests; provided that such club files with the mayor, at the time of its application for a license under this chapter, a list of names and addresses of its officers, board of directors, executive committee or similar body chosen by the members at their annual meetings.

CORPORATION: Unless specified more definitively herein, a corporation shall mean any business entity other than a sole proprietorship or common law partnership. It shall include, without limitation, businesses incorporated under the Illinois business corporation act, any duly licensed foreign corporation, any LLC, any LLP and any similar enterprise whether in existence at the date of adoption hereof or at any future date.

HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public as a place where food may be actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures, being provided with adequate and sanitary kitchen and dining room equipment and capacity.

INTOXICATED: To affect temporarily with diminished physical and mental control by means of alcoholic liquor, specifically to excite or stupefy with said liquor.

ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, t

It shall be unlawful for any person not having a current, valid license, authorized and issued pursuant to this chapter, to sell or offer for sale in the village any alcoholic liquor. (Ord. 09-11-33, 11-16-2009)

The classes of liquor licenses in the village are those classes set forth in this section. There are no other classes of liquor licenses in the village. No liquor license of any class may be issued by the village unless a license is authorized by section 4-2B-14 of this article and has not already been issued. No liquor license may be issued by the village until after the applicable fee for the license has been paid in full.

A.   Class A: Restaurant full service license. This license authorizes the retail sale of alcoholic liquors by restaurants when such sales are incidental to and complementary to the sale and service of food, for consumption on the premises where sold. Sales of food must comprise at least forty percent (40%) of the annual gross revenues of the restaurant to qualify for this license or for its renewal. Class A licenses shall only be available to restaurants with sales floors and service areas of not less than two thousand (2,000) square feet.

1.   Class A-1: Restaurant outdoor cafe full service license. This license authorizes the retail sale of alcoholic liquors for consumption at an outdoor cafe accessory to a restaurant that holds a class A license. This license requires the specific prior approval of the Antioch liquor control commissioner, who may establish standards for the service of alcoholic liquors at the outdoor cafe as a condition for issuance of this license.

B.   Class B: Restaurant limited service license. This license authorizes the retail sale of beer and wine by restaurants when such sales are incidental to and complementary to the sale and service of food, for consumption on the premises where sold. Sales of food must comprise at least forty percent (40%) of the annual gross revenues of the restaurant to qualify for this license or for its renewal. Class B licenses shall only be available to restaurants with sales floors and service areas of not less than one thousand eight hundred (1,800) square feet.

1.   Class B-1: Restaurant outdoor cafe limited service license. This license authorizes the retail sale of beer and wine for consumption at an outdoor cafe accessory to a restaurant that holds a class B license. This license requires the specific prior approval of the Antioch liquor control commissioner, who may establish standards for the service of alcoholic liquors at the outdoor cafe as a condition for issuance of this license.

2.   Class B-2: Limited restaurant wine license. This license authorizes the retail sale of bottled wine by a restaurant with a class B license, in original package form, for consumption off the premises where sold.

C.   Class C: Retail package sales. This license authorizes the retail sale of alcoholic liquors, in original package form, for consumption off the premises where sold. This license shall further authorize "sampling", "tasting", and "expanded sampling" of alcoholic beverages strictly in accordance with the following definitions:

EXPANDED SAMPLING: Due to the fact

A.   Standard Fees: Every applicant for a license or license renewal for the sale of alcoholic liquor in the village must pay to the village, at the time the application for a license is submitted, the following fees:

1.   Administrative Processing Fee: See section 4-2B-14B3e.

2. Base Fee: All fees shown in the chart below are annual unless otherwise noted. The years noted commence with licenses issued on and after May.

B.   Penalty For Late Payment: Any incomplete application submitted before June 1 and/or any application which has unresolved issues as of June 1 shall be subject to a ten percent (10%) penalty and fines applicable to violations of section 4-2B-1 of this code.

C.   Expanded Sampling Fee: Package goods stores qualifying for and engaging in expanded sampling as permitted by class C licenses shall pay an additional two hundred fifty dollar ($250.00) annual fee to the village as a condition of that specifically limited sales opportunity. (Ord. 09-11-33, 11-16-2009; amd. Ord. 11-12-22, 12-19-2011; Ord. 14-04-07, 4-21-2014; Ord. 17-01-01, 1-16-2017; Ord. 20-05-17, 5-11-2020; Ord. 23-06-12, 6-28-2023)

A.   Existing Licenses:

1.   The village clerk, serving as the administrative assistant to the liquor commissioner, shall maintain a current list of all authorized licenses, and shall report to the village board promptly at any time there is any change in the number of such licenses, irrespective of the reason for the change.

2.   In the event any license(s) shall be revoked by final administrative action of the liquor commissioner, and any appeals to the Illinois liquor commission or the courts of this state shall have been exhausted, such license(s) shall be automatically void and the village clerk shall decrease the number of authorized licenses by the number of such revoked license(s).

3.   In the event any license(s) shall be allowed to lapse through nonrenewal, relinquishment or otherwise, such license(s) shall be automatically void and the village clerk shall decrease the number of authorized licenses by the number of such revoked license(s).

B.   License Creation:

1.   The village board has the sole power to create licenses upon such terms and conditions as it deems fit, pursuant to law.

2.   A person or corporation seeking to have a license created shall submit a sworn complete liquor license application on a form to be supplied by the village clerk.

3.   An applicant shall be required to submit legible and complete copies of the following documents:

a.   A lease, deed, or other document demonstrating that the applicant has, or will have, the right to establish the proposed business in a properly zoned location;

b.   A site drawing showing the exterior of the proposed location, together with parking and all necessary site improvements to meet applicable exterior codes, such as ADA and the Illinois accessibility code;

c.   A drawing of the interior of the proposed location, at a minimum in planar view, but preferably accompanied by concept drawings showing the interior and a general idea of the layout, decoration, seating, bathrooms, kitchen (if applicable) and the like;

d.   For restaurants, a proposed menu showing not only representative food choices, but reasonably anticipated price points;

e.   An application fee of five hundred dollars ($500.00), which shall be nonrefundable, but which shall be applied toward the initial license fees in the event a license should be created by the village board and the applicant awarded the license by the local liquor commissioner;

f.   A complete business plan including marketing initiatives, target clientele, and other factors such as video gaming terminals, sound stage and any other attractions that may be offered to the public;

g.   A full background history report provided by an agency approved by the Antioch Police Department.

4.   Notwithstanding the foregoing, the creation of class G special event licenses shall be allowed by a simplified process consisting of a letter request by the applicant. No fee shall be charged to any applicant seeking the creation of a class G license,

A.   From and after July 1, 2020, the village board shall not create a license if it determines that the sales of food and/or beverages at a proposed location is projected to be less than fifty percent (50%) of the gross sales of the business.

B.   However, despite the prohibition in this subsection, the village board may create a license for an applicant if (i) the sales of beverages and entertainment at a proposed location is projected to be greater than fifty percent (50%) of the gross sales of the business. For purposes of this subsection, the word "entertainment" shall mean: (1) an activity involving physical exertion and skill in which an individual competes alone without others for recreation and the activity requires the individual to use certain equipment to participate, (2) an activity involving physical exertion and skill in which an individual or team competes against another for recreation and the activity requires individuals to use certain equipment to participate, or (3) an amusement activity such as any games, excluding regulated games of chance, rides, theaters, escape rooms, painting studios or other generally known amusement activities.

C.   The village board shall consider all evidence it deems necessary from any applicant seeking a license to determine whether or not the proposed business model is one which is reasonably calculated to generate sales of food and/or beverages or beverages and entertainment in excess of the fifty percent (50%).

D.   The village board shall have the sole and unlimited discretion to determine whether the business plan submitted by any applicant is reasonably calculated to generate sales of food and/or beverages or beverages and entertainment in excess of the fifty percent (50%) of the gross sales of the business.

E.   Nothing in this section is intended to have any effect whatsoever on any liquor license created and in existence on or before June 30, 2020. (Ord. 20-06-20, 6-8-2020; amd. Ord. 22-04-24, 4-27-2022)

Before any initial license may be issued, the applicant shall adopt a copy of a written employee policy manual together with a certificate from the applicant that it shall require all employees involved in the sale or service of alcoholic beverages or package goods to know and to abide by the procedures and policies contained in the manual. The manual shall contain mandatory procedures and policies in a form acceptable to the village, including, but not limited to, procedures and policies regarding service to intoxicated patrons, disturbances on the licensed premises, checking required identification, withholding service of alcoholic liquor to persons under the age of twenty one (21) years, reporting violations to appropriate authorities and the like. This requirement shall not apply to applicants for a class G license. (Ord. 09-11-33, 11-16-2009)

A license issued under this article shall be purely a personal privilege to expire on May 31 next following the issuance thereof and shall not constitute property. Nor shall any such license be subject to attachment, garnishment or execution. Nor shall any such license be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. No such license shall descend by the laws of testate or intestate devolution but every such license shall, except as provided in section 4-2B-19 of this article, cease on the death of the licensee, provided that executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy until the expiration of such license but no longer than six (6) months after the death, bankruptcy or insolvency of such licensee. (Ord. 09-11-33, 11-16-2009; amd. Ord. 10-01-01, 1-4-2010)

A.   Reporting; Fee; Qualifications: Any changes in a partnership or in officers, directors or persons holding directly or beneficially more than five percent (5%) of the stock of a corporation or ownership interest, or managers, of establishments licensed under this article shall be reported in writing to the Antioch liquor control commissioner within ten (10) days after the change. All new persons shall fill out a new application and meet all of the standards of this chapter and shall otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the liquor control commissioner.

B.   Termination If Partnership Change: When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by any person who is not eligible to hold a liquor license, the license shall terminate immediately.

C.   Termination If Corporate Change: When a license has been issued to a corporation and a change takes place in the corporate manager or in the officers, directors or stockholders of more than five percent (5%) of the stock, resulting in the holding of office or such shares of stock by any person who is not eligible for a license, the license shall terminate immediately.

D.   Termination If Individual Change: When a license has been issued to an individual who is or becomes not eligible for a license, the license shall terminate immediately. (Ord. 09-11-33, 11-16-2009)

It shall be unlawful for any licensee to sell, offer for sale, or dispense in the village any alcoholic liquor except in the manner authorized by and in compliance with the terms and restrictions of a license issued pursuant to this chapter and except in compliance with the provisions of this chapter. (Ord. 09-11-33, 11-16-2009)

Any instance when alcoholic liquor is sold, dispensed, possessed, stored, distilled, brewed, bottled, manufactured or rectified without a valid license if required by the Illinois liquor control act, 235 Illinois Compiled Statutes 5/1-1 et seq., and a valid license if required by this chapter is hereby declared to be a public nuisance. (Ord. 09-11-33, 11-16-2009)

A.   Application Generally: Each application for a license hereunder shall be made to the Antioch liquor control commissioner, in writing, signed by the applicant if an individual, or by one of the partners on behalf of all partners if a partnership, or by the duly authorized agent thereof on behalf of all officers, directors, and managers if a club or corporation, verified by an oath or affidavit. Each application shall specifically identify the applicant in the form to which a license would be issued (i.e., a corporation, partnership, LLC, LLP, etc.).

B.   Background Information: Each application shall include the following background information:

1.   The name, age and address of the applicant, including the following, as applicable:

a.   In the case of a partnership, all of the persons entitled to share in the profits thereof;

b.   In the case of a corporation for profit or a club, all of the officers and directors and persons controlling in the aggregate more than five percent (5%) of the voting shares of stock.

2.   The citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his or her naturalization. In the case that a corporation or other business entity is the applicant, the person furnishing this information shall be the same person required to provide fingerprints by subsection 4-2A-2K of this chapter.

3.   The character of business of the applicant and, in the case of a club or corporation, the place of incorporation and the objects for which it was formed, together with a copy of the articles of incorporation or grant of authority to conduct business in Illinois by a foreign corporation issued by the Illinois Secretary of State.

4.   The length of time that the applicant has been in the business of the character specified in response to subsection B3 of this section or, in case of a club or corporation, the date on which its charter was issued.

5.   The location and description of the premises or place of business which is to be operated under such license and the specific name of the business, including any assumed or trade name.

6.   The specific class of license for which the applicant is applying.

7.   The names of each governmental body from which the applicant has received a liquor license within ten (10) years immediately prior to the date of the present application.

C.   Statements Required: Each application must include the following statements:

If the applicant is a partnership, then each partner shall provide all statements required below pertaining to an individual applicant; provided, however, that if the applicant is organized as a limited partnership, then the statement concerning active involvement provided in subsection C13 of this section shall be required only of all general partners.

If the applicant is a corporation, then each officer, manager or director thereof (or authorized representative if no officer, manager or director) and any stockholder or stock

No license of any kind shall be issued or renewed to:

A.   A person who has been convicted of a felony under any federal or state law, if the Antioch liquor control commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.

B.   A person who has been convicted of a violation of any federal or state law or local ordinance concerning the manufacture, possession, or sale of alcoholic liquor or shall have forfeited his or her bond to appear in court to answer charges for any such violation.

C.   A person who has been convicted of a gambling offense as proscribed by any state or federal law or regulation.

D.   A person whose liquor license issued under state law or any municipal ordinance has been revoked for cause within ten (10) years immediately prior to the date of the present application.

E.   A person whose liquor license issued under this chapter has been suspended more than once for cause within one year immediately prior to the present application if the Antioch liquor control commissioner determines that the applicant is no longer worthy of the public trust.

F.   Any law enforcing village employee or law enforcing official or the village mayor or any member of the board of trustees; provided, however, that nothing herein shall prohibit the issuance of a license to a bona fide not for profit private club or charitable or educational organization owned and operated by its members, one or more of which members is a village employee or law enforcing public official or the village mayor or a member of the board of trustees.

G.   A person applying for a license with respect to any store or other place of business where the majority of customers are under the age of twenty one (21) years or where the principal business transacted consists of the sale of schoolbooks, school supplies, food, lunches or drinks for such customers.

H.   A person applying for a license with respect to premises on which the retail sale of alcoholic liquor will violate any provision of the Antioch zoning code or this code or which premises are within one hundred feet (100') of the property of any church, school, hospital, senior citizen housing, daycare center, orphanage, transitional service facility, nursing or personal care facility, home for veterans and their spouses or children, or any military or naval station, except only as allowed by state law. The following standards apply to these prohibitions:

1.   In measuring the distance from a church, the nearest part of any building for worship or educational purposes is used rather than property boundaries.

2.   No distance is required with respect to a state university or other institution of higher learning.

3.   This subsection H does not apply to any application for renewal of a license when any church, school, hospital, senior citizen housing, daycare center, orphanage, transitional service facility, nursing or personal care facility,

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. No license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such Illinois license is furnished to the Antioch liquor control commissioner. If any license is refused, suspended or revoked by the Illinois liquor control commission, then any license issued or conditionally issued under this chapter shall immediately become null and void without further action by the village or the Antioch liquor control commissioner. (Ord. 09-11-33, 11-16-2009)

The Antioch liquor control commissioner, on complaint of the state of Illinois department of revenue, shall refuse the issuance or renewal of any license, or suspend or revoke any license, for any of the following violations of any tax act administered by the Illinois department of revenue:

A.   Failure to make a tax return.

B.   Filing of a fraudulent return.

C.   Failure to pay all or any part of any tax or penalty finally determined to be due.

D.   Failure to keep proper books and records.

E.   Failure to secure and display a certificate or subcertificate of registration.

F.   Wilful violation of any rule or regulation of the state of Illinois department of revenue relating to the administration and enforcement of tax liability. (Ord. 09-11-33, 11-16-2009)

A license shall permit the sale of alcoholic liquor only in or from the premises described in the application and license and only in the manner therein authorized and in compliance with the terms thereof. Such location may be changed only after the issuance of a written permit to make such change issued by the Antioch liquor control commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of the state, this chapter, and other codes and ordinances of the village. All sales, pourings and distributions must be made indoors of the licensed premises. (Ord. 09-11-33, 11-16-2009)

It is unlawful for any person to give away or otherwise dispense free of charge within the village, by individual drink or in any other manner, any alcoholic liquor with the intent of promoting the sale of any alcoholic liquor, except sampling or tasting specifically allowed under a class C license. (Ord. 09-11-33, 11-16-2009)

A.   Sales Prohibited: No licensee, nor any officer, associate, member, representative, agent or employee of any licensee, shall sell, give or deliver any alcoholic liquor to any person under the age of twenty one (21) years.

B.   Secondary Transfer Prohibited: No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to any person under the age of twenty one (21) years; provided, however, that this provision shall not prohibit the consumption of alcoholic liquor by a person under the age of twenty one (21) years in the performance of a religious ceremony or service, and provided further, however, that this provision shall not prevent the consumption of alcoholic liquor by a minor in his or her own home pursuant to the condonation and supervision of his or her parent or legal guardian.

C.   Identification Required: If a licensee or his or her officer, associate, member, representative, agent or employee believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient may be under the age of twenty one (21) years, then that person shall, before making such sale or delivery, demand adequate written evidence of age. For the purpose of preventing a violation of this section, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is twenty one (21) years of age or older. "Adequate written evidence of age and identity" of the person means a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces. Proof that the licensee, or his or her officer, associate, member, representative, employee or agent, demanded, was shown and reasonably relied on such written evidence in any transaction forbidden by this section is an affirmative defense in any proceeding for the suspension or revocation of any license based on the occurrence of such forbidden transaction. However, it shall not be an affirmative defense if the licensee, officer, associate, member, representative, employee or agent accepted the written evidence knowing it to be false or fraudulent.

D.   Warning Required: In any place in the village where alcoholic liquor is sold or distributed, there shall be displayed at all times, in a prominent and conspicuous place, a printed card measuring not less than eight and one-half inches by eleven inches (8 1 / 2 " x 11") in not less than 24-point arial or helvetica bold font reading substantially as follows:

WARNING TO PERSONS UNDER 21:

YOU ARE SUBJECT TO A FINE OF UP TO $500 UNDER THE LAW OF THE VILLAGE OF ANTIOCH IF YOU PURCHASE ALCOHOLIC LI

A.   Presence Prohibited: No licensee, nor any officer, associate, member, representative, agent or employee of any licensee, shall suffer or permit any person under the age of twenty one (21) years to be or remain on any licensed premises, or in any room or compartment adjoining or adjacent to any licensed premises; provided, however, that this subsection shall not apply to any person under the age of twenty one (21) years who is accompanied by his parent or guardian or to any licensed premises in which the principal business involves the sale of services or commodities other than alcoholic liquor, and provided further, however, that this subsection shall not apply to establishment employees at least sixteen (16) years of age whose duties do not include the handling or serving of alcoholic liquors or to establishment employees at least eighteen (18) years of age whose duties are limited to serving of alcoholic liquors and food.

B.   Handling Prohibited: It shall be unlawful for any person under the age of twenty one (21) years to pour, mix or otherwise prepare alcoholic liquors for sale or distribution on any licensed premises.

C.   Package Sales Limitations: It shall be unlawful for any person under the age of eighteen (18) years to sell packaged alcoholic liquors to any person. This prohibition includes, but is not limited to, ringing or scanning transactions at a retail store's cash register. (Ord. 09-11-33, 11-16-2009; amd. Ord. 22-03-18, 3-9-2022)

A.   Definitions: The following definitions shall apply specifically to this section, provided that the definitions set forth in the Illinois liquor control act of 1935 1 are not intended to be superseded hereby, but supplemented herewith.

ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.

ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

CONVEYANCE: Any vehicle, trailer, watercraft or container operated for the transportation of persons or property.

EVENT OR GATHERING: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity.

HOST: To aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering.

ILLICIT DRUGS: Any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that are in the possession of or used by someone other than the person to whom the drug was prescribed.

PARENT: Any person having legal custody of a juvenile:

1.   As a natural, adoptive parent, or stepparent;

2.   As a legal guardian; or

3.   As a person to whom legal custody has been given by order of the court.

PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity.

POWDERED ALCOHOL: Any powder or crystalline substance containing alcohol, as defined in 235 Illinois Compiled Statutes 5/1-3.01, produced for human consumption.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots.

REASONABLE STEPS: Controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting driver's licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages or use powdered alcohol while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under twenty one (21) are in possession of alcohol at the event or gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owner's residence.

RELIGIOUS CEREMONY: The possession, consumption and dispensation of al

A.   Every licensee shall cause his or her current alcoholic liquor license to be framed and hung in plain view in a conspicuous place on the licensed premises.

B.   Every licensee shall maintain copies of the BASSET certification for each of his or her BASSET certified employees on the licensed premises and, on the request of an Antioch police officer, or the Antioch liquor control commissioner or his or her designee, shall produce such copies for inspection. (Ord. 09-11-33, 11-16-2009)

A.   Consumption On The Premises: Persons or businesses holding a license allowing for on premisses consumption of alcohol shall not sell, permit to be sold, give away or allow to be consumed any alcoholic beverage for consumption between the hours of two o’clock (2:00) A.M. and seven o’clock (7:00) A.M. on weekdays, and between three o’clock (3:00) A.M. and seven o’clock (7:00) A.M. on Saturdays and Sundays, and New Year’s Day, Memorial Day, Independence Day, and Labor Day. It shall be unlawful to serve or to consume alcoholic liquor in, or to admit the public to, any premises in or on which alcoholic liquors are sold at retail during the hours within which the sale of such alcoholic liquors is prohibited. Other business or social functions of restaurant, club, hotel, and motel establishments may continue beyond such hours, provided that no alcoholic liquors are sold to, offered for sale to, served to or consumed by the public, patrons, employees, or membership during such hours. Sale hours for outdoor cafes are provided in subsections 4-2C-5I and 4-2C-6I of this article.

B.   Consumption Off The Premises: It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in its original package for consumption off the premises in the village between the hours of two o’clock (2:00) A.M. and seven o’clock (7:00) A.M. on weekdays and between three o'clock (3:00) A.M. and seven o'clock (7:00) A.M. on Saturdays and Sundays. Other business functions, such as retails sales of other products at any store or gas station convenience store may continue during hours that alcohol sales are prohibited.

C.   Service During Restaurant Operation: In restaurants with class A or class B licenses, it shall be unlawful to sell, offer for sale or dispense any alcoholic liquor for consumption on the premises at any time when the food service operations of the restaurant are not operating. (Ord. 09-11-33, 11-16-2009; amd. Ord. 15-01-01, 1-5-2015; Ord. 22-02-07, 2-9-2022)

Sale of alcoholic liquor at restaurants for consumption at tables and chairs placed outdoors pursuant to a class A-1 or B-1 license, whether on private property or on public property, is permitted only if all of the following conditions are met in addition to every other applicable provision of this chapter:

A.   Description Of Premises: The licensee shall provide an accurate description of the location of each table and chair placed outdoors in the form of a site plan or reasonably legible and intelligible sketch.

B.   Incidental Use Only: The use of a sidewalk shall be permitted only incidentally to the operation of a restaurant on private property contiguous to such sidewalk.

C.   Insurance: If any part of the outdoor cafe is located on public property, then the licensee shall furnish to the village evidence of public liability insurance, including the village as an additional party insured and insuring the village against any and all liability resulting from the uses permitted under this section, in an amount of no less than one million dollars ($1,000,000.00) per occurrence, combined single limits.

D.   Indemnification: If any part of the outdoor café is located on public property, then the licensee shall indemnify and hold harmless the village from all liability, lawsuits and shall provide the village with a certificate of insurance identifying the village as an additional insured for the use of the public property.

E.   Open Space: In no event shall a use permitted by this section on a public sidewalk reduce the open portion of such sidewalk to less than six feet (6') in width. For the purposes of this subsection, "open portion" shall be defined as that area of sidewalk lying between the outermost restaurant table or chair placed in its normal position for use by restaurant patrons and the curb or, if closer, the nearest obstruction including, but not limited to, any parking meter, traffic sign, tree well, bicycle rack or other natural or manmade object located on the sidewalk.

F.   Cordoned Area: The area in which tables and chairs are set outdoors shall be cordoned off from abutting areas by decorative ropes, chains or other suitable barriers.

G.   Clean And Safe Condition: The applicant shall maintain the outdoor cafe areas in a clean and safe condition at all times.

H.   No Outdoor Music: No outdoor music or other noisemaking activity shall be permitted when such music or activity constitutes a nuisance or can clearly be heard at a distance of one hundred feet (100') beyond the property line of the premises or more.

I.   Hours Limited: No sales or service of alcoholic liquor shall be conducted or provided for consumption at an outdoor cafe except during the hours that the establishment is allowed to sell or serve alcoholic liquor inside the principal building.

J.   Food Service: The offer to serve food in the outdoor seating area must coincide with the alcohol consumption.

K.   Building Codes: The licensee shall abide by any

Sale of alcoholic liquor at taverns and bars for consumption outdoors pursuant to a class E-1 license, whether on private property or on public property, is permitted only if all of the following conditions are met in addition to every other applicable provision of this chapter:

A.   Description Of Premises: The licensee shall provide an accurate description of the location of each table, chair, bench or other seating, game or service area placed outdoors in the form of a site plan or reasonably legible and intelligible sketch.

B.   Incidental Use Only: The use of a sidewalk shall be permitted only incidentally to the operation of a tavern or bar on private property contiguous to such sidewalk.

C.   Insurance: If any part of the outdoor service area is located on public property, then the licensee shall furnish to the village evidence of public liability insurance, including the village as an additional party insured and insuring the village against any and all liability resulting from the uses permitted under this section, in an amount of no less than one million dollars ($1,000,000.00) per occurrence, combined single limits.

D.   Indemnification: If any part of the outdoor service area is located on public property, then the licensee shall indemnify and hold harmless the village from all liability, lawsuits and costs and shall furnish such an indemnification agreement to the village in a form approved by the village attorney.

E.   Open Space: In no event shall a use permitted by this section on a public sidewalk reduce the open portion of such sidewalk to less than six feet (6') in width. For the purposes of this subsection, "open portion" shall be defined as that area of sidewalk lying between the outermost table, bench or chair placed in its normal position for use by the licensee's patrons and the curb or, if closer, the nearest obstruction including, but not limited to, any parking meter, traffic sign, tree well, bicycle rack or other natural or manmade object located on the sidewalk.

F.   Cordoned Area: The area in which tables, benches, chairs and activities are set outdoors shall be cordoned off from abutting areas by decorative ropes, chains or other suitable barriers.

G.   Clean And Safe Condition: The applicant shall maintain the outdoor cordoned areas in a clean and safe condition at all times.

H.   Outdoor Music: No outdoor music or other noisemaking activity shall be permitted when such music or activity constitutes a nuisance or can clearly be heard at a distance of one hundred feet (100') beyond the property line of the premises or at the nearest residence, whichever is farther. Notwithstanding the general application of this subsection, if the licensee has a special event license in effect at any time, the provisions of the special event license shall be deemed to supersede the provisions of this subsection during the term of the said special event license.

I.   Hours Limited: No sales or service of alcoholic liquor sha

Except as permitted by license issued by the village pursuant to this chapter, it shall be unlawful for any person to sell, consume or possess open containers of alcoholic liquor or nonalcoholic beer on any village park property, or in any village building, or on any street, sidewalk, alley or other public place in the village; provided, however, that the sale, consumption and possession of open containers of alcoholic liquor specifically authorized by a license issued pursuant to this chapter and confined to the premises for which such license is issued is authorized. (Ord. 09-11-33, 11-16-2009)

A.   The Antioch liquor control commissioner may suspend, for not more than thirty (30) days, or revoke any license issued by the commissioner if the commissioner determines that there has been: 1) any violation of any state law pertaining to the sale of alcoholic liquor; 2) any violation of any provision of this chapter; 3) any violation of any applicable rules or regulations established by the commissioner or the Illinois liquor control commission; or 4) a failure to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale of alcoholic liquor. In addition to any suspension of a license, the commissioner may levy a fine for such violations and failures, which fine shall not exceed one thousand dollars ($1,000.00).

B.   The liquor control commissioner shall not suspend or revoke any liquor license or fine any licensee except after a public hearing, which public hearing shall commence not sooner than three (3) days after written notice affording the licensee an opportunity to appear and defend has been transmitted to the licensee at the licensed premises by United States postal service certified mail or by hand delivery.

C.   Notwithstanding the requirements of subsection B of this section, if the liquor control commissioner has reason to believe that any continued operation of any particular licensed premises will threaten the welfare of the community, then the commissioner, on the issuance of a written order stating the reason for such conclusion and without notice or hearing, may order the licensed premises closed for not more than seven (7) days pending a hearing on the suspension or revocation of the license therefor. Such order shall contain notice of the date, time, and place of the hearing, which hearing, giving the licensee an opportunity to be heard, shall commence not less than three (3) days after the date of service, and shall be served personally or by certified United States mail on the licensee or his or her agent or any employee thereof in charge of the licensed premises. If the licensee also is engaged in the conduct of another business or businesses on the licensed premises, the initial closing order shall not be applicable to such other business or businesses.

D.   The liquor control commissioner shall hold any hearing pursuant to this section at the date, time, and place set forth in the notice for such hearing, and the commissioner shall make a decision in the form and within the time specified by law. (Ord. 09-11-33, 11-16-2009)

A.   Conviction Of Licensee: Whenever any licensee shall be convicted in court of any violation of state law pertaining to the sale of alcoholic liquor, or of any provision of this chapter, or of any applicable rules or regulations established by the Antioch liquor control commissioner or the Illinois liquor control commission, or of any law or regulation pertaining to liquor license fees or taxes, then the license of said licensee may in the discretion of the Antioch liquor control commissioner be immediately revoked. Such revocation need not be preceded by notice or a hearing for such licensee. Such licensee shall have a right to a public hearing before the liquor control commissioner for the purpose of showing cause for reissuing the revoked license by petitioning for such a hearing within fifteen (15) days after the revocation of such license. The hearing shall be held within a reasonable time and shall allow the licensee an opportunity to be heard. The liquor control commissioner shall make his or her decision within the time specified by law.

B.   Conviction Of Other Person: Whenever an officer, director or manager or other employee of any licensee under this chapter shall be convicted of any violation of any law, ordinance or provision as provided in subsection A of this section while engaged in the course of his or her employment or while on the premises described in said license, said license may be immediately revoked in the discretion of the Antioch liquor control commissioner, subject to a subsequent hearing as provided in subsection A of this section. (Ord. 09-11-33, 11-16-2009)

Any person may file a complaint with the Antioch liquor control commissioner alleging that any licensee has been or is violating state law pertaining to the sale of alcoholic liquor, or the provisions of this chapter, or the rules or regulations issued pursuant thereto. Such complaint shall be in writing, in the form prescribed by the liquor control commissioner, and shall be signed and sworn to by the parties complaining. The complaint shall state the particular law, provision, rule or regulation believed to have been violated and the facts in detail on which such belief is based. If the liquor control commissioner is satisfied that the complaint substantially charges a violation and finds probable cause to believe the same, then the liquor control commissioner shall set the matter for hearing and shall serve notice on the licensee of the time and place of such hearing and of the particular charges in the complaint, such hearing to take place not sooner than five (5) days after the date on which such notice is mailed to the licensee at the address of the licensed premises, by United States mail. (Ord. 09-11-33, 11-16-2009)

A.   Obey Traffic Regulations: No taxicab shall be driven, operated or controlled so as to violate any of the parking or traffic ordinances of the village or so as to obstruct traffic or interfere with the free movement of traffic upon any street, alley or public place.

B.   Driving Under Influence: No person shall drive, operate or control any taxicab while under the influence of intoxicating liquor or criminal chemical substance prohibited from use or possession by the Illinois Compiled Statutes, and no driver shall drink any intoxicating liquor or use any criminal chemical substances, either inside or outside of the taxicab during the hours he is driving or on duty with the taxicab. (1976 Code § 111.010)

C.   Passengers Riding In Front: No person shall be allowed to ride in the front seat of any taxicab with the driver, with the following exceptions:

1.   At such times as the rear seat or seats are fully occupied by paying passengers and the person riding in the front seat is a bona fide and paying passenger.

2.   At such other times when the paying passenger shall request the front seat and the paying passenger shall be over the age of fifty five (55) years or with such health problems that would make entering or exiting the rear seat difficult or painful. (1976 Code § 111.011)

D.   Parking: No unemployed taxicab shall stand or be parked upon any public street or alley, except at such places as from time to time shall be designated by the village board of trustees as taxicab stands and allotted to the particular license in question. (1976 Code § 111.012)

Outdoor eating cafes on private property located in the B-1 and B-2 downtown overlay district are permitted uses.

A.   Conditions: Outdoor eating cafes on private property are subject to the following conditions:

1.   An application for the permit must be submitted to the building department for review. An administrative review shall be conducted and a final determination made within thirty (30) days of receipt of the application;

2.   Outdoor cafes are permitted only as an accessory use to an existing restaurant that has obtained a special use permit from the village;

3.   All tables, chairs and other appurtenances shall be constructed in such a manner that they can be easily removed during winter months and/or if required by the village;

4.   The sale and consumption of alcoholic beverages in the outdoor cafe shall be restricted by the liquor license governing the restaurant;

5.   The outdoor cafe shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity;

6.   All outdoor cafes shall be exempt from applicable parking requirements;

7.   The operation of outdoor cafes shall be permitted between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M.;

8.   All outdoor cafe permits shall be subject to an annual review and such permits may be revoked at any time on thirty (30) day notice;

9.   The proprietor shall provide adequate outdoor refuse disposal as required by the village's health department.

B.   Permit Fee: An annual permit fee of one hundred dollars ($100.00) shall be required;

C.   Design Criteria: The following design criteria shall be applied to all outdoor cafe petitions:

1.   Canopies that are attached to the building will be permitted, when in conformance with these regulations;

2.   All outdoor furnishings shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot;

3.   Outdoor furnishings materials and their color should be selected for continuous harmony and aesthetic quality with the adjoining buildings and streetscape. Materials shall be of durable quality such as wrought iron; light gauge materials like aluminum and plastics shall be generally discouraged. Weather resistant wood is allowed only as a secondary accent material;

4.   Colors should be harmonious; brilliant or bright colors shall be used only for accent;

5.   Materials and finishes shall be selected for their durability and wear as well as for their beauty. The table surface shall be smooth and easily cleanable. Proper measures shall be taken to correct damage or decline due to the elements, neglect or abuse; and

6.   Devices incorporated to separate eating areas from pedestrian pathways such as fencing or planter, must conform to above standard of design.

D.   Comply With Other Regulations: All outdoor cafe establishments shall comply with state and village health code regulations. (1976 Code § 113.108)

A.   Definitions: As used in this section, the below terms shall have the following ascribed meanings:

BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.

ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: 1) solid walls or windows, exclusive of doorways, or 2) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classrooms; break rooms and

The parks director is empowered with the discretion to grant permits for the exclusive use of the parks facilities, including the pavilions, grassy picnic areas and other facilities.

A.   Issuance Of Permits: The parks director may establish routine practices, reservation lists and supplemental rules for the issuance and management of permits for the exclusive use of parks facilities. (Ord. 05-02-02, 2-7-2005)

B.   Antioch Skate/Bike Park: The village specifically recognizes the practical difficulty of enforcing safety rules in a facility such as the skate/bike park, and as such, the rules for the use of the skate/bike park shall be enforced by appropriate village authorities to the extent practicable. In no circumstances shall the village be considered the guarantor or insurer of the safety of the facilities in the skate/bike park or of the persons using those facilities. (Ord. 10-05-17, 5-17-2010)

C.   Alcohol In The Parks:

1.   The parks director is empowered with the discretion to grant permits for the serving of alcoholic beverages for private functions only in the parks, provided, however, that no such license shall be granted for a private function in the Aqua Center.

2.   The parks director may establish routine practices and supplemental rules for the issuance and management for the granting of permits to serve alcoholic beverages, including, but not limited to, ensuring that the applicant is at least twenty one (21) years of age, that the serving of such beverages will not violate any laws of the state of Illinois nor any ordinances of the village of Antioch, and that any required insurance policy be issued and filed with the parks department.

3.   All requests for the issuance of a liquor license for public service of alcoholic beverages must be presented to the liquor commissioner pursuant to the local and state liquor codes.

D.   Violation: Any violation of a permit for exclusive use of a park facility or area or for the serving of alcohol shall be deemed a prohibition on that person (and his or her immediate family) from obtaining any further permit from the parks director. (Ord. 05-02-02, 2-7-2005)

Every holder of a theater, cabaret or night club license shall comply strictly with all the regulations of this Code relating to amusements, the sale of alcoholic liquor, fire prevention, the public morals and all other applicable provisions of this Code.

For the purpose of this Article, unless the context otherwise requires, the following words or terms shall have the meanings respectively applied to them:

a. Liquor. Any alcohol, spirits, wine or beer as defined, set forth and regulated in Chapter 13 of the Municipal Code, which is sold at retail either for consumption on the premises where sold or is sold in its original package for consumption off the premises.

b. Prepared Foods. Any solid, liquid (including both alcoholic and non-alcoholic liquid), powder or other food substance used or intended to be used for human consumption and which has been prepared for immediate consumption on and/or off the premises.

c. Purchase at Retail. To obtain for use or consumption in exchange for a consideration, whether in the form of money, credits, barter or any other nature, and not for resale.

d. Retailer. Any person who sells or offers for sale, prepared food and/or liquor for use or consumption and not for resale.

e. Prepared Food Facility. Establishments subject to the licensing requirements of Chapter 11 of the Municipal Code as a food service establishment which sells prepared food at retail for immediate consumption and which provides for on and/or off premises consumption whether or not such facility is conducted along with any other use(s) in a common premise or business establishment.

A "Prepared Food Facility" does not include food store (except facilities therein which sell prepared food and liquor), churches, public or private schools, boarding houses, day care centers, nursing homes, retirement centers or similar residential care facilities or programs for the central preparation of meals to be delivered and consumed at private residences of invalids or the elderly, coin-operated automatic food item dispensing machines, hospital (except facilities therein, subject to the State of Illinois Retailer Occupation Tax pertaining to food sales) and facilities of not-for-profit associations or corporations.

f. Liquor Facility. Any establishment licensed under the provisions of Article II of Chapter 13 of the Municipal Code of the Village of Arlington Heights.

g. Food and Beverage Tax. The taxes described in Section 11-802.

h. Alfresco Area. All properties fronting along the following Village streets: (i) Campbell Street, east of Highland Avenue and west of Dunton Avenue; and (ii) Vail Avenue, south of the intersection of Wing Street and Davis Street and north of the property commonly known as 88 South Vail Avenue.

(Ord. #96-002, #04-040, Ord. #2022-003)

The owner and the operator of each prepared food facility and each liquor facility within the Village shall jointly and severally have the duty to cause to be filed, a sworn return with the Finance Director for each facility and for each licensed premises located in the Village. The return shall be prepared and submitted on forms prescribed by the Village and filed with the Village by the filing date and at the same time intervals or frequencies as the Sales and Use Tax Return, form ST-1, is due to be filed with the Illinois Department of Revenue. The return shall also be accompanied by payment to the Village of all taxes imposed by this Article which are due and owing for the period covered by the return. The return shall also be accompanied by a copy of the return filed with the Illinois Department of Revenue for sales within the Village of Arlington Heights covering the same reporting period.

Payment and collection of any food and beverage tax and any late payment penalty may be enforced by action in any court of competent jurisdiction and failure to collect, account for and pay over any food and beverage tax and any late payment penalty shall be cause for suspension or revocation of any Village license issued for the prepared food facility or liquor facility applicable to the premises thereof, all in addition to any other penalties in this Chapter.

(Ord. #2022-003)

Unless the context otherwise requires, the following terms as used in this Chapter shall be construed according to the definitions given below:

a. Alcohol. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol.

b. Alcoholic Liquor. Any alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume.

c. Banquet Hall. A business conducted on a premises at which the primary activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold incident to such food service; provided that each of such private parties is prearranged under the sponsorship of a particular person or organization, including but not limited to wedding dinners, school graduation dinners, periodic meetings of service organizations and similar affairs, as contrasted to restaurants. As an ancillary use, the business may include events that are open to the public, as long as the banquet hall has food available for consumption on the premises.

d. Beer. A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.

e. Brewery. A place that manufactures beer and is licensed as such by the State of Illinois.

f. Brew pub. A restaurant that includes a brewery as an accessory use and is licensed as a brew pub by the State of Illinois.

g. Caterer. A business that serves alcoholic liquors for consumption, as an incidental part of food service, and served to invited guests only with prepared meals at a package price agreed upon under contract.

h. Club. A corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests;

It shall be unlawful to sell or offer for sale at retail in the Village, any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.

The President of the Board of Trustees of the Village of Arlington Heights shall be the Local Liquor Control Commissioner and shall be charged with the administration within the Village of the appropriate provisions of the Liquor Control Act of the State of Illinois and of this Chapter. The President may appoint a person or persons to provide assistance in the exercise of the powers and the performance of the duties of this Office. The Board of Trustees shall fix and pay compensation to the Local Liquor Control Commissioner of the Village and compensation to such deputies, assistants or employees as may be deemed necessary for the proper performance of these duties.

The Local Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, import distributors, distributors, non-beverage users, railroads, airplanes and boats:

a. To grant and/or suspend for not more than 30 days, or revoke for cause, all local licenses issued to persons for the premises within the jurisdiction; provided, however, that the Local Liquor Control Commissioner may impose a fine of not more than $750.00 per day in lieu of a suspension. In addition to a fine or other penalty assessed, the licensee shall be subject to the costs incurred by the Village for a hearing on any violation. These costs shall include, but are not limited to court reporter, legal fees, witness expenses, expert or scientific analysis, and any other charge attendant to the hearing.

b. To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Chapter or any rules or regulations adopted by the Local Liquor Control Commissioner or by the State Commission have been or are being violated, and at such time to examine the licensee's premises in connection therewith;

c. To receive complaints from any citizen within this jurisdiction that any of the provisions of this Chapter, or any rules or regulations, have been or are being violated and to act upon these complaints in the manner hereinafter provided;

d. To receive local license fees and forward them to the Village Treasurer.

Applications for licenses shall be made to the Village President in writing, signed by the applicant, if an individual, or by a duly authorized agent, if a club or corporation, verified by oath or affidavit. All applications shall be accompanied by a non-refundable application fee of $135.00 which shall be separate and distinct from the annual license fee. The application shall contain the following statements and information:

a. The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits; in the case of a limited liability company, the date of organization, the objects for which it was organized, the names and addresses of the managers, and if a majority interest of the stock of such company is owned by one person or nominees, the names and addresses of that person; and in the case of a corporation, for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority interest of the stock of such corporation is owned by one person or nominees, the name and address of that person;

b. The citizenship of the applicant, the place of birth, and if a naturalized citizen, the time and place of naturalization;

c. The character of business of the applicant; and in case of a corporation, the objects for which it was formed;

d. The length of time the applicant has been in a business of that character, or in the case of a corporation, the date when its charter was issued;

e. The amount of goods, ware and merchandise on hand at the time the application is made;

f. The location and description of the premises or place of business, which is to be operated under the license;

g. A statement whether applicant has applied for a similar or other license on premises other than that described in this application, and the disposition of that application;

h. A statement whether applicant has ever been convicted of a felony and is not qualified to receive a license by reason of any matter or thing contained in this Chapter, laws of this State or the ordinances of the Village;

i. Whether a previous license by any State or subdivision thereof, or by the Federal Government has been revoked, and the reasons thereof;

j. A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States or any ordinance of the Village in the conduct of the place of business;

k. Evidence of Dram Shop Insurance of an amount and character which shall be of a minimum amount sufficient to satisfy all statutory requirements and applications as determined by the Local Liquor Commissioner. This insurance shall remain in force during the period for which the license is issued. The lapse of this insurance shall constitute grounds for immediate revocation of the license. The evidence of insurance shall also provide that the insurance company shall give at least ten

a. Managers for establishments holding any class of liquor license shall, upon demand, show a valid State-certified Beverage Alcohol Sellers and Servers Education and Training Program (BASSET) card or its equivalent, meeting the minimum curriculum requirements of the Illinois Department of Alcoholism and Substance Abuse (DASA), Title 77, Chapter X, Rule 2056.

b. All persons employed by an establishment holding a class "A," "AA," "B," "BB," "C," "DD," "E," "G" or "H," "I," J," "K," "L," "M," "N" or "O" liquor license who serves or sells alcoholic beverages shall, upon demand, show a valid State-certified BASSET card or its equivalent, meeting the minimum curriculum requirements of the Illinois Department of Alcoholism and Substance Abuse (DASA), Title 77, Chapter X, Rule 2056.

c. Each holder of a daily permit shall have on the premises at all times, a person designated to manage the selling and/or serving of alcoholic beverages. That person shall, upon demand, show a valid State-certified BASSET card or its equivalent, meeting the minimum curriculum requirements of the Illinois Department of Alcoholism and Substance Abuse (DASA), Title 77, Chapter X, Rule 2056.

d. New employees or managers of a licensee who are required to complete such training shall, within 90 days after the beginning of their employment with the licensee, complete the BASSET program or its equivalent, meeting the minimum curriculum requirements of the Illinois Department of Alcoholism and Substance Abuse (DASA), Title 77, Chapter X, Rule 2056, and shall, until the completion of the program, work under the supervision of a person who has completed the program.

e. All managers and employees of a licensee must register with the Police Department immediately upon becoming employed by the licensee. To register, the individual shall obtain, at no cost, from the Police Department, a registration card. The employee registration card will expire within 90 days from the date of issuance, at which time the employee must have completed a BASSET or equivalent program.

(Ord. #14-001, #15-018, #16-026 #16-036, #18-020, #19-006)

No license shall be issued to:

a. A person who is not a resident of the Village;

b. A person who is not of good character and reputation in the community in which that person resides;

c. A person who is not a citizen of the United States;

d. A person who has been convicted of a felony under any Federal or State law, if the Commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust. After considering matters set forth in the person's application and the Commissioner's investigation, the burden of proof of sufficient rehabilitation shall be on the applicant;

e. A person who has been convicted of being the keeper of or is keeping a house of ill-fame;

f. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;

g. A person whose license under this Chapter has been revoked for cause;

h. 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;

i. A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason other than residence within the Village;

j. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent 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;

k. A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983, as now or hereafter amended, to transact business in Illinois;

l. A limited liability company, if any manager or member or members owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license for any reason other than citizenship and residence within the Village;

m. A limited liability company unless it is organized in Illinois, or unless it is a foreign limited liability company which is qualified under the Limited Liability Company Act of 1994, as now or hereafter amended, to transact business in Illinois;

n. 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;

o. 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 who shall have forfeited bond to appear in court to answer charges for any such violation;

p. A person who does not 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 issued;

q. Any law enforcing public

a. A corporation or limited liability company holding a liquor license shall advise the Local Liquor Commissioner 30 days prior to any contemplated change of stock ownership involving five percent or more of the stock of the corporation.

b. Each individual seeking to acquire five percent or more of the stock of a corporation or limited liability company holding a liquor license shall comply with the provisions of Section 13-203, Applications, as though that person were applying for a license as an individual.

c. The provisions of this paragraph do not apply to corporations or limited liability companies whose stock is traded publicly and listed on recognized stock exchanges.

(Ord. #96-059)

If the premises described in the application and license remains closed for 30 consecutive days for any reason, the Local Liquor Commissioner may conduct a hearing after notice for the purpose of determining whether the license should be revoked.

Licenses issued hereunder shall be divided into one of the following classes:

a. Class "A" licenses, which shall authorize the retail sale in restaurants and brew pubs of alcoholic beverages for consumption on the premises. These licenses may be issued and retained by those establishments which: 1. Have a seating capacity at tables for a minimum of 25 persons for food service; 2. Are in fact operated as restaurants; and 3. Offer their patrons full and complete meals, including dinner menu, and in which the serving of alcoholic beverages is incidental and complementary to the service of such meals. 4. A holder of a Class "A" license may apply for a supplemental liquor license, which shall authorize the retail sale of beer brewed on the premises only, for consumption off of the licensed premises. The following limitations shall apply: a)

The licensed premises must also have a valid brew pub license from the State of Illinois, and b)

The licensee shall not sell more than 155,000 gallons per year.

No such license shall be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a restaurant.

Without limiting the generality of the foregoing, limited food service, such as provided by luncheonettes, diners, coffee shops, drive-ins, etc., does not satisfy the requirements for this license classification. Holders of Class "A" liquor licenses may modify the menu served after 11:00 p.m., provided such modified menu includes a variety of sandwiches or similar foods and hot and cold non-alcoholic beverages.

b. Class "AA" licenses which shall authorize the retail sale, in restaurants and brew pubs only, of alcoholic liquor for consumption on the premises where sold. These licenses may be issued and retained by those establishments which: 1. Have a seating capacity at tables for a minimum of 75 persons for food service; 2. Are in fact operated as restaurants; and 3. Offer their patrons full and complete meals, including dinner menu, and in which the serving of alcoholic beverages is incidental and complementary to the service of such meals. No such license shall be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a restaurant.

Without limiting the generality of the foregoing, limited food service, such as provided by luncheonettes, diners, coffee shops, drive-ins, etc., does not satisfy the requirements for this license classification. Holders of Class "AA" liquor licenses may modify the menu served after 11:00 p.m., provided such modified menu includes a variety of sandwiches or similar foods and hot and cold non-alcoholic beverages. 4. Class "AA" adjunct licenses may be utilized in connection with the premises holding a Class "AA" license. Such adjunct license shall permit the serving of alcoholic liquor from 8:00 a.m. to 2:00 a.m. on Monday through Thursday, 8:00 a.m. to 3:00 a.m. on Friday and Saturday

A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless revoked sooner as provided in this Article and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. This license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor may continue the business of the sale or manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent bankrupt license after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such licensee.

A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license. The location may be changed only upon receipt of written permission to make such change issued by the Village President. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this State and this Code.

It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to engage, or employ, or permit any person under the age of 19 years to handle, sell, serve or deliver alcoholic liquor or to entertain, or to act as host or hostess in or upon the licensed premises where the principal business is the sale of alcoholic liquor, while such premises are open for the sale at retail of alcoholic liquor. Any person under the age of 19 years, engaged or employed or permitted to work in or upon the general premises where the sale of alcoholic liquor is not the main or principal business may not work as entertainer, host or hostess or in connection with the handling, selling, serving or delivering of alcoholic liquor.

It shall be unlawful to permit any person in a Class "A", "AA", "B", "BB", "C", "DD", "E", "G" "H", "I", "J", "K", "L", "N", "O", "P", or "P-1" licensed establishment to serve or sell alcoholic beverages unless that person has completed the BASSET training program or its equivalent, as required by Section 13-204 of this Code.

(Ord. #14-001, #15-018, #16-026, #16-036, #19-006; Ord. No. 2023-18, § 6, 3-20-2023)

No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for the aged or indigent persons or for veterans, their wives or children or any military or naval stations; provided, that this prohibition shall not apply to hotels, regularly organized clubs, or to restaurants, food shops or other places where the sale of alcoholic liquors is not the principal business carried on, if such place of business exempted has been established for such purposes prior to the taking effect of this Article. The prohibition of this Section shall not extend to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church where the church has been established within 100 feet since the issuance of the original license.

(Ord. #19-006)

The Village President may revoke any retail liquor dealer's license for any violation of any provision of this Chapter or of any State law pertaining to the sale of alcoholic liquor.

a. No licensee or officer, associate, member, representative, agent or employee of a licensee shall sell, give or deliver alcoholic liquor to any intoxicated person or to any person under the age of 21 years. Every licensee shall be responsible for determining proof of the lawful age of persons seeking to purchase or obtain alcoholic liquor from the licensee.

b. No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to a person under the age of 21 years except in the performance of a religious ceremony or service. It shall be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold.

c. In every place in the Village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card which shall read substantially as follows:

WARNING: YOU ARE SUBJECT TO A FINE UP TO $750.00 UNDER THE ORDINANCES OF THE VILLAGE OF ARLINGTON HEIGHTS IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.

d. Any parent or guardian who shall knowingly permit any person under the age of 21 years of which he or she may be the parent or guardian to violate any provision of this Chapter shall, upon conviction, be subject to a fine of not more than $750.00 for each such offense.

e. For the purpose of preventing a violation of this Section, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.

Adequate written evidence of age and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this Section is competent evidence and may be considered in any proceedings for the suspension or revocation of any license based thereon.

f. Any person under the age of 21 years who attempts to purchase or receive any alcoholic liquor from a licensee shall be guilty of a violation of this Chapter.

g. Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of 21 years evidence of age and identification of any other person is guilty of a violation of this Chapter.

h. Any person u

It shall be unlawful for a holder of any classification of liquor license for retail sale not for consumption on the premises, to offer for sale or sell any of the following:

a. A single can of beer or malt liquor unless the volume of the container is greater than 24 fluid ounces (or approximately 710 ml) but any such can of beer or malt liquor cannot be sold refrigerated or chilled;

b. A single bottle of beer or malt liquor unless the volume of the container is greater than 12 fluid ounces (or approximately 355 ml) but any such bottle of beer or malt liquor cannot be sold refrigerated or chilled;

c. A single bottle of beer or malt liquor if the volume is 40 fluid ounces (or approximately 1190 ml) or greater;

d. A single container of wine, other than sparkling wine and/or champagne, unless the container is greater than 10 fluid ounces (or approximately 300 ml); (Effective 03/01/10 per Ord. #09-042)

e. A single container of alcoholic liquor other than beer, malt liquor or wine, unless the container is greater than 6.4 ounces (or approximately 190 ml). (Effective 03/01/10 per Ord. #09-042)

It shall further be unlawful for any holder of any classification of liquor license for retail sale to sell any of the above prohibited items attached together in any method other than that done by the distributor or manufacturer. This limitation shall not apply to products permitted to be sold pursuant to subsection b. above.

The prohibitions contained in this Section shall not apply to a holder of a Class "N" license.

(Ord. #09-042, #19-006)

When any local license has been revoked for any cause, no license shall be granted to any person for a period of one year thereafter for the conduct of the business of selling alcoholic liquor in the premises described in such revoked license.

No person, firm or corporation shall place, keep, install, maintain, operate or permit any coin or card operated amusement device in any building or place within the Village for use by the public without first having obtained a permit for each device. The operation of such devices shall be subject to the following conditions:

a. No permit for a coin or card operated amusement device shall be issued except as an accessory and subordinate use to an authorized licensed business, except that permits also may be issued to operators of amusement device arcades under the terms of each special use permit authorizing each amusement device arcade.

b. Permits for coin or card operated amusement devices shall be issued only to the licensee of the premises where the devices will be operated or to the licensee of a vending company with authority to place the devices at the premises designated. Responsibility for compliance with the regulations pertaining to coin or card operated amusement devices shall rest with the licensee of the premises where located. Each application must be accompanied by an accurate scale drawing showing the floor plan of the mercantile establishment, including the placement of coin or card operated amusement devices.

An application for a special use shall specify the maximum number of coin or card operated devices to be operated.

c. No coin or card operated amusement device shall be permitted where the reward for skill in the operation is not plainly posted upon such machine or where the opportunity for a reward for skill in the operation is not the same for each individual player.

d. No gambling or individual wager on any coin-operated amusement device shall be permitted.

e. Each coin or card operated amusement device shall be authorized by permit by the Village as provided below: 1. One to five devices shall be authorized as an accessory and subordinate use in an authorized license business. 2. Six to ten devices shall be authorized as an accessory and subordinate use in an authorized licensed business provided authorization has been received from the Village Administration. 3. More than ten coin or card operated amusement devices shall be permitted in restaurants that have been granted a special use for a restaurant-amusement device arcade under the Zoning Ordinance of the Village, which special use permits additional coin or card operated amusement devices. 4. More than ten coin or card operated amusement devices shall be permitted in amusement device arcades that have been granted a special use as an amusement device arcade under the Zoning Ordinance of the Village, when the special use permits additional coin or card operated amusement devices.

f. The permittee shall provide adequate and orderly parking for all bicycles and shall keep the premises unobstructed so that sidewalks are clear and open to pedestrian traffic. Bicycle racks shall not be placed in a required parking stall, unless authorized in writing by the Villag

a. General Compliance. All licensed premises and adult businesses shall comply with the provisions of this Article; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state and local laws.

b. Hours of Operation. No adult business shall be open for business between the hours of 12:00 a.m. and 12:00 p.m. on any day. No adult business shall be open for business at any time on any Sunday or any legal State of Illinois or federal holiday.

c. Animals. No animals, except only for animals trained and used to assist a person with a disability, shall be permitted at any time at or in any adult business. Any such animal must at all times remain with the disabled adult business patron.

d. Restrooms. All restrooms in adult businesses shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restroom of an adult business. Separate male and female restrooms shall be provided for and used by adult business personnel and adult business patrons.

e. Restricted Areas. No adult business patron shall be permitted at any time to enter into any of the non-public portions of any adult business, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult business personnel. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

f. Specific Prohibited Acts. 1. No adult business personnel or any other person at any adult business shall perform or conduct any specified sexual activity with or for any adult business patron or any other adult business personnel or any other person; 2. No adult business patron or any other person at any adult business shall perform or conduct any specified sexual activity with or for any adult business personnel or any other adult business patron or any other person; and 3. Straddle dances are prohibited at all adult businesses.

g. Exterior Display. No adult business shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of an adult business shall utilize or contain any flashing lights, search lights or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner. This Subsection shall apply to any advertisemen

a. Performance Area. The performance area of an adult live entertainment establishment shall be limited to one or more stages or platforms permanently anchored to the floor ("Stage"). Each stage shall be at least 18 inches in elevation above the level of the patron seating areas. Each stage shall be separated by a distance of at least eight feet from all areas of the premises to which adult business patrons have access.

A continuous barrier at least three feet in height and located at least eight feet from all points of each stage shall separate each stage from all seating areas. The barrier shall consist of horizontal or vertical members spaced no more than nine inches apart and nine inches from the floor or the walls to which it is attached. No adult business patron shall be allowed at any time on any stage.

b. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult live entertainment establishment so that all objects are plainly visible at all times. A minimum lighting of not less than 30-lux horizontal, measured at 30 inches from the floor and on ten-foot centers shall be maintained at all times for all areas of the adult live entertainment establishment where adult business patrons are admitted.

c. Tipping. No tip or gratuity may be offered or accepted for any performance by adult business personnel on any stage at any time prior to the completion of any such performance. No adult business patron shall offer, and no adult business personnel having performed on any stage shall accept, in any form of tip or gratuity offered directly or personally to the adult business personnel by the adult business patron. Rather, following completion of a performance, all tips and gratuities to adult business personnel performing on any stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the adult business.

d. Notice of Select Rules. A sign at least two feet by two-feet, with letters at least one-inch high shall be conspicuously displayed on or adjacent to every stage stating the following:

THIS ADULT LIVE ENTERTAINMENT IS REGULATED BY THE VILLAGE OF ARLINGTON HEIGHTS. ENTERTAINERS ARE: 1. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY OR ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. 2. NOT PERMITTED TO ACCEPT ANY TIPS OR GRATUITIES FOR ANY PERFORMANCE UNTIL COMPLETION OF THE PERFORMANCE. 3. NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY FROM PATRONS EVEN AFTER COMPLETION OF THE PERFORMANCE. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT. 4. NO ALCOHOLIC LIQUOR IS PERMITTED AT ANY TIME.

e. Age Limitations. 1. No adult business personnel or adult business patron at an adult live entertainment establishment or a licensed premises used for adult cabaret shall be under the age of 18; 2. No person under the age of 18 shall be admitted to any adult live entertainment establishment or to any licensed premises used for an adult live entertainment establis

In order to carry out the purposes and provisions of this Chapter, the Village is divided into several districts. 5.1 Establishment of Zones.

One Family Dwelling Districts: R-E, R-1, R-2, and R-3. The purpose of the One Family Dwelling Districts is to provide for residential developments of predominantly single-family homes. These Districts should preserve the value of land and protect homes from adverse living conditions. 5.1-0 One Family Dwelling District: R-E. 5.1-0.1 Minimum Lot Size: 20,000 square feet standard and corner; churches, convents and monasteries: 20,000 square feet standard and corner. 5.1-0.2 Minimum Lot Width at Building Line:

a. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the Use District in which they are located, are contiguous and are held in one ownership prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use.

b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75 percent of the minimum required dimensions of areas.

c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street.

Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50 percent of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-0.3 Required Minimum Yards.

a. Front Yard: 40 feet except that in all residential districts where lots comprising 40 percent or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. A front yard shall not be required to be more than 50 feet. A minimum front yard of 15 feet shall be required on all lots.

b. Side Yard: Ten percent of lot width. The combined total for interior lots shall not be less than 20 feet.

c. Exterior Side Yard: In all residential districts where lots comprising 40 percent

The following words or terms, whenever used in this Article, shall have the meanings set forth below:

a. Alcoholic Beverage. Any alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Article shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent or less of alcohol by volume.

b. Control of Premises. 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.

c. 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.

d. 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.

e. Impairment. Because of the consumption of alcoholic beverages, a diminution in a person's ability, either mentally or physically, or both, to exercise clear judgment in order to operate an automobile with safety to himself or herself and to the public.

f. Operation of a Motor Vehicle. Physical control of the motor vehicle; the operation or control of a motor vehicle anywhere in the Village of Arlington Heights, whether on private 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 within 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.

g. Parent. A biological or adoptive parent or a court designated guardian.

h. Underage Person. Any person under 21 years of age.

It shall be unlawful for any person to be in possession of an alcoholic beverage in a public street, or other public place, unless the alcoholic beverage is in its original container with the seal unbroken or unless the possession is on the premises of an establishment holding a valid Village liquor license. For the purpose of this Section, a public place shall include, but not be limited to, all Village streets, Village owned parking facilities, all parking lots and common areas serving commercial establishments and all parking areas and common areas serving multi-family residential structures containing four or more dwelling units, provided that this prohibition shall apply to such multi-family common areas only if the owner, manager or owners association has stated, in writing, that it is the intention of the ownership of such common area that the prohibition be applied. The written statement may reserve the right of management to give one-day permits for residents or tenants to hold social gatherings in a common area.

(Ord. #98-047)

1300 Hotel, Motel, Or Other Accommodation Services: This category is comprised of establishments which serve lodging accommodations for travelers and must be staffed with twenty-four-hour clerk service, maid and janitor services. They may offer a wide range of services, from overnight sleeping space to full-service hotel suites. They may offer these services in conjunction with other activities, such as entertainment or recreation.

1310 Bed And Breakfast Inn: This is a 1300 use category which is comprised of establishments which operate primarily in private homes and small buildings.

1320 Rooming And Boarding/Single Room Occupancy: This is a 1300 use category which is comprised of accommodation services such as rooming and boarding and single room occupancy establishments, rooming and boarding establishments serve a specific group or membership, such as a dormitory, fraternity or sorority house, or workers' camp, they provide accommodations and may offer housekeeping, meals, and laundry services. Single Room Occupancy are establishments where a room is provided, for compensation pursuant to previous arrangement, as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. Including but not limited to Lodging house; Rooming house; Dormitory

1330 Hotel, Minor: This is a 1300 use category which is comprised of establishments with fewer than fifty (50) guest rooms established prior to December 01, 1992.

1340 Motel: This is a 1300 use category which is comprised of establishments with no common corridor to access guest rooms, the rooms are individually accessible from the outside. Including but not limited to Tourist Courts; Motor Lodges; and Motels.

1350 Hotel, Limited Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for less than 100 persons, no food service and none or one of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel.

1360 Hotel, Select Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for between 100 and 200 persons, limited food service (i.e. continental breakfast) and two or more of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel. In addition to these required amenities others may also be provided for guests including but not limited to: spa facilities, dry cleaning service, recreational activities, or entertainment.

1370 Hotel, Full Service: This is a 1300 use category which is comprised of establishments that have more than one hundred and twenty (120) guest rooms, and has meeting space/banquet facilities for between 200 and 1,000 persons, a hotel restaurant within the physical confines of the hotel and roo

In General . In the exercise of its home rule authority and the powers conferred by the Illinois Municipal Code and this ordinance, the city council may, from time-to-time permit by specific ordinance the following conditional uses of land or structures in accordance with the procedures set forth in chapter 34 of this code. The term “conditional use” as used throughout this ordinance shall be construed as having the same meaning and construction as the term “special use” as used in Illinois law and provisions of this code enacted prior to the effective date of this amendatory ordinance of 2020. Whenever the city council has previously approved a special use upon any real property or as part of any planned development, such special use shall be regarded as a conditional use for the purposes of this code. Conditional Uses . The Conditional Uses as identified in Table One: Use Categories shall apply. Specific Regulations . Car Wash, Single Bay, when such use is in conjunction to a Gasoline Station as an accessory use to and operated only during the regular business hours of the Gasoline Station. Financial institutions with a drive-through facility, when located at the intersection of two publicly dedicated streets (corner) under the following conditions: When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner). When said intersection is designated as non residential on all four corners and contains one or more existing financial institutions with drive-through facilities located at the intersection of said two publicly dedicated streets (corner). Financial institutions with a drive-through facility, when located within 1000’ of an intersection of two publicly dedicated streets and When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner) and contains one or more existing Financial institutions with a drive-through facilities located within 1000’ of said intersection, as measured property line to property line. When said intersection is designated as non residential on all four corners and contains two or more existing Financial institutions with a drive-through facilities located within 1000’ of said intersection, as measured property line to property line. Drive Through/ Drive In establishment, when located at the intersection of two publicly dedicated streets (corner), under the following conditions: When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner). When said intersection is designated as non-residential on all four corners and contains one or more existing Drive Through/ Drive In establishments located at the intersection of said two publicly dedicated streets (corner). Drive Through/ Drive In establishment, when located within 1000’ of an intersec

Title . The Business-Boulevard District shall be designated as “B-B” on the zoning map. Intent & Purpose . The intent of the B-B business boulevard district is to combine residential, commercial, office and industrial development in an orderly arrangement along a major street so as to maximize the commercial service benefit it offers and to minimize its harmful affects on (1) traffic movement and flow; (2) traffic safety; (3) the various land uses within and in close proximity to the B-B district; and (4) the beauty of the community. District Specific Regulations . Rules . Definitions . Definitions. As provided for in the Rules and Definitions Section. Use Regulations . Permitted Uses. The use of land or buildings in the B-B district shall be limited to the following: Agricultural implement sales and service. Antique shops. Air conditioning and heating sales and service. Art galleries and studios. Art and school supply stores. Auto accessory store. Automobile sales and service establishments for new passenger automobiles and trucks, including sale of used cars and trucks when operated in conjunction with the principal use. Mechanical repairs, body repairs and repainting may be included. All facilities shall be contained in an enclosed building, except the storage of automobiles and trucks displayed in the open. Automotive service stations, except that no outdoor display of any merchandise except gas pumps, lubricating oil and new tires. Auto, trailer and truck rental agencies. Auto, truck construction equipment and farm equipment sales and storage are permitted in open yards within the district. Auto, truck construction equipment and farm equipment repairs shall be limited to entirely enclosed buildings except that dismantling and wrecking of said vehicles are specifically forbidden within the district. Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only. Bank and financial institutions. Barbershop, chiropody, massage or similar personal service shop. Battery and tire service stations, but not including recapping of tires. Bicycle sales and repair. Blueprinting and Photostatting establishments. Boat, motorcycle and truck sales, service and major automotive repair, but only when confined within an enclosed structure. Book and stationery store. Beauty parlor. Building material sales, when conducted wholly within a building. Candy and ice cream shops. Camera and photographic supply shops. Catering establishments. Religious institutions, provided that the requirements of The Bulk Restrictions Section are complied with. Clubs and fraternal organizations. Costume rental shop. Coin and philatelic stores. Contractors' offices and shops, where no fabricating is done on the premises and where all storage of material is within a building. Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only. Delicatessens. Department stores. Dress shops.

It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco, alternative nicotine product, vapor products or electronic smoking devices by use of a vending machine, unless such vending machine is: Located in a manner that will allow it to be easily and readily observed by the licensee or his employees or agents during all business hours; or Equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of twenty-one (21) years. Any premises where access by persons under the age of twenty-one (21) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of subsection (a) above. Any licensee holding a valid Class B or Class E city liquor license shall be exempt from the requirements of subsections (a) and (d). Notwithstanding subsection (a) above, vending machines initially installed under this section after April 1, 1998, shall be equipped with a manual, electric, or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of twenty-one (21) years.

(Ord. No. O18-032, 3-27-18)

No person shall sell tobacco products, alternative nicotine product, vapor products or electronic smoking devices in any form in the city without a tobacco license, and a vape shop endorsement issued by the city treasurer. Any person desiring such a license and endorsement shall first make written application for that purpose to the city treasurer in which shall be set forth the full name of the applicant and the locations at which such sales are proposed to be made as well as such other information as may be necessary for the city to conduct an appropriate background check. However, no such background check shall be required if the applicant is concurrently the holder of a valid city liquor license. If the city treasurer is satisfied upon the conclusion of such background check that the applicant is of good character and reputation and is a suitable person to be entrusted with the sale of tobacco products, he shall cause a license to be issued to such applicant upon payment to the city of the annual license fee specified in section 13-2. A tobacco license authorizes the person therein named to expose for sale, sell or offer for sale tobacco at the place designated therein. A tobacco licensee may also apply for an endorsement to sell alternative nicotine product, vapor products or electronic smoking devices only at the place designated therein. No license required by this chapter shall be issued or renewed to the following: A person who is indebted to the city or other governmental entity for payment of any fees, charges, bills or taxes which he is obligated to pay but have remained unpaid for more than forty-five (45) days. A person who has been convicted of a felony under any federal or state law. A person who has been convicted of a violation of any federal, state or city law concerning the possession or sale of tobacco, alternative nicotine product or vapor products or has forfeited his bond to appear in court to answer to any charges for any violation. A person who within one (1) year of application for a tobacco, alternative nicotine product or vapor product dealer's license has been convicted of, plead guilty to, or been placed on supervision for any tobacco, alternative nicotine product or vapor product related offense shall be considered not of good character and reputation. A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee, including a background check for both licensee and manager or agent. A person who does not 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 issued. The city treasurer, upon a finding that an applicant for a license is prohibited from obtaining a tobacco license based on criteria identified in Sec 13-9(d) herein shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record. Upon consideration o

The city council is organized into the standing committees set forth in this section. Each standing committee shall consist of five (5) aldermen and, except in cases of a long-term absence or disability of any member of the council and to the extent practicable, each alderman shall serve on two (2) standing committees. The mayor shall appoint the members of the standing committees with the advice and consent of the city council. The mayor shall submit a complete set of committee appointments at the first meeting following the qualification of aldermen after each consolidated general election and at such other times as the mayor deems necessary, and the council shall vote for approval or disapproval of the committee appointments. If the council disapproves of the mayor's appointments, those voting to disapprove shall state their reasons, and the mayor shall submit a reconsidered set of appointments at the next regular council meeting. Until the council gives its advice and consent to the mayor's appointments following the qualification of aldermen, members previously appointed to the standing committees under this section (b), or their successors, shall serve as members of the standing committees. The mayor shall, when making appointments to the standing committees, and from time-to-time thereafter, with the advice and consent of the city council, designate a member of each standing committee to serve as its chairperson and a member to serve as its vice chairperson. The vice chairperson shall perform the duties of chairperson in the chairperson's absence. The standing committees shall deliberate only on matters falling within their jurisdiction as referred to them by the mayor, the city council, or any three (3) of the council's members. In the event of apparent conflict between the jurisdictions of two (2) or more committees, the committee most specifically vested with authority over a particular matter shall have precedence. The mayor shall resolve all conflicts involving committee jurisdiction. A standing committee shall give its recommendation to the committee of the whole as to proposed purchases requiring city council approval that originate from departments and divisions within its jurisdiction, provided that the source selection was determined by competitive sealed bids, or in the case of professional services, previously included in an approved decision package or specifically included in the budget for the current fiscal year. The city council may authorize additional powers and duties for the respective standing committees with respect to purchasing. In the absence of such authorization, the finance committee shall review and approve all other proposed purchases requiring city council approval prior to consideration by the committee of the whole, consistent with the provisions of this division. The standing committees of the city council are as follows: The rules, administration, and procedures committee. The rules, administration, and

In this article "issuing officer" means: The city clerk if the city council approves the issuance of the license. The city treasurer in the case of all other licenses, except alcoholic liquor licenses.

The director of community development or designee shall have the authority to revoke or suspend a license for any one (1) or more of the following reasons: The owner or operator of the licensed business does not comply with the provisions of this article or is in violation of any other applicable federal, state or local laws, regulations or ordinances affecting the health and safety of the patrons or the public generally; The owner or operator of the licensed business gave materially false, fraudulent or untruthful information on the original or renewal application form; The business has been closed for business for a period of thirty (30) consecutive days, unless such closure is due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circumstances, to reopen the business; The owner or operator becomes ineligible to obtain or hold a license; The owner or operator is delinquent on any debt owed to the city; The owner or operator knew or should have known that criminal activity affecting the health and safety of patrons and the general public was occurring on the premises and failed to take corrective action or failed to contact law enforcement officials; The owner or operator has engaged in any other act or omission which demonstrates the owner or operator's inability to operate the business in accordance with applicable law. Prior to revocation or suspension of a license, the director of community development or designee shall investigate whether probable cause for revocation or suspension may exist and if so, shall notify the licensee in writing of reasons for the proposed revocation or suspension and grant such licensee the opportunity to appear before an administrative hearing officer in accordance with the provisions of chapter 3 of this code. If, after the hearing, the administrative hearing officer finds that the license should be revoked or suspended, the director or designee shall issue a written order revoking or suspending such license. In cases of suspension, the written order shall specify the period of suspension or the condition on which the suspension order shall be lifted upon remedial action taken by the owner or operator. If there exists a licensed liquor establishment on the premises of the hotel business, the director of community development shall give notice to the liquor control commissioner or his designee of the pendency of any hearing convened under this article. The liquor control commissioner shall then determine whether an additional hearing shall be convened pursuant to chapter 6 of the Code of Ordinances. Any owner or operator whose license is revoked shall not be eligible to receive a license for five (5) years from the date of revocation.

(Ord. No. O09-67, § 2, 8-11-09)

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.

(Ord. No. O98-81, § 1, 9-8-98)

No temporary outdoor seating or parklet license shall be issued unless the licensee shall have first filed with staff a certificate of insurance and requested endorsements for the area to be used, wherein the city is named as a primary, noncontributory, additional insured party. The insurance policy shall be issued by a company duly authorized to transact business under the laws of the State of Illinois with the minimum required insurance amounts:

Worker's compensation insurance in at least the required Illinois statutory limits; Comprehensive general liability insurance, including contractual liability insurance covering claims for personal injury and property damage with limits of at least one million ($1,000,000) dollars per occurrence, and two million ($2,000,000) dollars in the aggregate; Liquor liability insurance with limits of at least one million ($1,000,000) dollars per occurrence, and one million ($1,000,000) dollars in the aggregate; Umbrella Liability: two million ($2,000,000) dollars per occurrence; and The required insurance policies shall each provide that they shall not be changed or cancelled during the life of the licensee period or until thirty (30) days after written notice of such change has been delivered to the city. Permittee must meet all requirements for insurance form the city's current policy.

Application for a license, whether original or renewal, must be made to the community development department by the intended operator of the hotel business. Applications must be submitted during regular working hours. Application forms shall be supplied by the city. The intended operator shall be required to give at least the following information on the application form: The name, street address (and mailing address if different), email address, age, Social Security number and driver's license number of the intended operator, and any and all aliases; The name and street address (and mailing address if different) of the owner(s); The name under which the business is to be operated and a general description of the services to be provided; The telephone and facsimile number of the business; The address and legal description of the parcel of land on which the business is to be located; The date on which the owner(s) acquired the business for which the license is sought, and the date on which the business began or is to begin operations as an enterprise at the location for which the license is sought; Whether the applicant previously operated in this or any other county, city or state under a hotel business license or similar business license; Whether the applicant has ever had such a license revoked or suspended, the reason therefor; The business entity or trade name under which the applicant operated that was subject to the suspension or revocation; Whether the applicant has been convicted of any felony within the last ten (10) years or any criminal offense involving any crime of moral turpitude; Any other information deemed necessary for review of the application. The application shall be accompanied by the following: Payment in full of: Two hundred dollars ($200.00) for an original application; or One hundred dollars ($100.00) for a renewal application, which fee shall not be refundable under any circumstances; A certified copy of the assumed name certificate if the business is to be operated under an assumed name; If the business is an Illinois Corporation a certified copy of the articles of incorporation, together with all amendments thereto; If the business is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto; If the business is a limited partnership formed under the laws of Illinois, a certified copy of the certificate of limited partnership, together with all amendments thereto; If the business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto; Any of the items (2) through (6) above, shall not be required for a renewal application if the applicant states that the documents previously furnished with the original application or previous renewals thereof remain correct and current; A site plan or diagram of the business operations, includin

Only liquor licensed businesses licensed for on-site consumption of alcoholic beverages may apply to allow alcohol service and consumption in a temporary outdoor seating or parklet area. The restaurant to which the temporary outdoor seating or parklet area is physically connected must hold a valid and in good standing city liquor license and State of Illinois liquor license for on-site consumption. A temporary outdoor seating application must be submitted to the city clerk and approved by the local liquor commissioner for the extension of the on-site consumption liquor license to the temporary outdoor seating or parklet area. Such approval shall be separate from, and must be obtained in addition to, the license to operate a temporary outdoor seating area or parklet area pursuant to this section. At least one (1) BASSET trained employee of the liquor licensed business must physically frequent the temporary outdoor seating or parklet area at least once every twenty (20) minutes to monitor when patrons are present. Failure to comply with these requirements may result in the termination of the temporary outdoor seating area or parklet permit.

For the purposes of this section, the following definitions shall apply: Off-road motor vehicle means a motor vehicle not specifically designed to be used on a public highway, including: an all-terrain vehicle, as defined by 625 ILCS 5/1-101.8; a golf cart, as defined by Section 625 ILCS 5/1-101.8; an off-highway motorcycle, as defined by 625 ILCS 5/1-153.1; and a recreational off-highway vehicle, as defined by 625 ILCS 5/1-168.8. Operate means to ride in or on, other than as a passenger, use or control the operation of an off-road motor vehicle in any manner. Operator means a person who operates an off-road motor vehicle. It shall be unlawful for any person to operate an off-road motor vehicle in the city under any of the following conditions: At a rate of speed that is unreasonable or improper under the circumstances; In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person; While under the influence of intoxicating liquor or controlled substances or drugs; In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons; On the private property of another without the express written permission of the owner or lessee of the property which shall be displayed upon request; failure to post signs does not imply consent for off-road motor vehicle use; or On public property, including, but not limited to, school grounds, park property, playgrounds, recreational areas, sidewalks and golf courses, without express provisions or permission to do so by the proper public authority. No off-road motor vehicle shall be operated within the right-of-way of any public street unless the vehicle complies with all state laws relating to motor vehicles to be operated on streets and highways and the operator has a valid state driver's license and a valid special events permit under Sec. 41.5-191. An off-road motor vehicle may be towed on the streets in compliance with all laws relating to towing. If an officer observed an off-road vehicle operating on the streets in violation of this section and has probable cause to tow, and finds the off-road vehicle off of the street they may tow in compliance with all the laws relating to towing. No person may own, control, possess, or have custody of any off-road motor vehicle in the city while not in use unless the vehicle is securely locked or otherwise immobilized by a wheel clamp or other object, device, method, or mechanism, whether attached to the vehicle or not, that: prevents the vehicle from being freely moved; and cannot be removed or deactivated without the assistance of the vehicle’s owner. A person commits the offense of obstructing identification when he/she operates an off-road motor vehicle in violation of any provision of law or this code while wearing any mask or facial covering with the intent to conceal his/her identity. The finder of fact may presume that a person who fails to c

A "gambling place" is any business, real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling or the use of a gambling device, other than gambling conducted in the manner and to the extent authorized by any provision of Illinois law and the rules duly adopted pursuant to such law. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place shall be guilty of a misdemeanor IV. When any premises is determined by an administrative hearing officer to be a gambling place:

Such premises is a public nuisance and may be proceeded against as such; All licenses, permits or certificates issued by the state or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of sixty (60) days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one (1) year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license; Such premises of any person who knowingly permits thereon a violation of any provisions of this division shall be held liable for and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any provisions of this division.

(Code 1969, § 29-53; Ord. No. O12-068, § 2, 8-28-12; Ord. No. O19-023, § 1(Exh. A), 4-23-19; Ord. No. O19-071, (Exh. A), 10-22-19)

State Law reference — Similar provisions, 720 ILCS 5/28-3.

A permittee shall provide sufficient portable toilets, both ADA accessible and non-accessible facilities in the immediate area of the event site based on the estimated number of attendees at the special event. This requirement shall not apply to a tier 6 event with a duration of fewer than three hours. A permittee shall provide a plan to accommodate enough handicap parking spots in the vicinity of the event based on the estimated number of attendees at the special event. This requirement shall not apply to tier 6 events. During a special event held at a city facility or on city streets, sidewalks, or right-of-way, a permittee may not provide or distribute, or allow another to provide or distribute glass containers or Styrofoam. If applicable, a permittee shall post a sign at each entrance and exit to a special event venue with a right-of-way closure area that is visible to all patrons entering the area that includes the amount of the entry fee, if any, standardized rules, along with language notifying patrons that if rules are violated they are subject to removal from the event and the rules of access to the right-of-way closure area. If applicable, a permittee must post the sign required by this subsection during the time the entry fee is in effect. If an entry fee is charged for a special event, a permittee may not charge an entry fee for a person that needs access to a residence within the special event impact area or right-of-way closure area or a business within a special event impact area or right-of-way closure. An Americans with Disabilities Act (ADA) compliance plan is required for any special event that interferes with accessibility on city streets, sidewalks, right-of-way, or city facilities. This plan must also comply with: 71 IL Admin Code, Section 400. In the case of a carnival, and unless the permittee establishes an earlier closing time, the special event shall close upon and not operate after (1) the hour of 8:00 p.m. on Sundays through Thursdays and (2) the hour of 9:00 p.m. on Fridays and Saturdays. The permittee shall conclude its ticket sales at least thirty (30) minutes prior to the closing time required under this paragraph. The coordinator shall not issue a permit authorizing a circus or carnival to operate in any one (1) location for a period exceeding five (5) days. The coordinator shall not issue permits for more than two (2) carnivals or two (2) circuses that include animal performances at the same location within a single calendar year, regardless of the entity operating the carnival or circus. The coordinator shall not issue more than four (4) permits for a circus not including animal performances at the same location within a single calendar year. For any event for which the permittee or a person acting on the permittee's behalf has obtained a license to sell alcoholic liquor on the premises of the special event, the permittee shall ensure that the service and consumption of alcohol within their control complie

Except as provided in subsection (b), a person may not sell goods on city property, or on a city street, sidewalk, or right-of-way within the area permitted for a special event. The sale of goods may occur if: The coordinator approves the sale of goods on city property, or on a city street, sidewalk, or right-of-way within the area permitted for the special event; or The permittee obtains a closure permit under section 41.5-111; or The vendor is authorized under chapter 25 of this Code. Except as provided in subsection (d), a person may not provide food or beverages, including alcohol, at a special event. At a special event, a person may provide food or beverages, including alcohol, only if the person is authorized to under chapter 6 (Alcoholic Liquor) and chapter 25 (Licenses, Permits, and Misc. Business Regs.). The provision of food or beverages at a special event shall comply with the requirements under any applicable chapter of this Code.

(Ord. No. O19-002, § Exh. E, 1-22-19)

If the mayor or other city official responsible for the issuance of a city license, permit or other approval, other than a liquor license shall find that any person has willfully evaded payment or collection and remittance of the tax imposed by this article, he may suspend or revoke the city license, permit or other approval held by such tax evader. Said person shall have an opportunity to contest the suspension or revocation at a hearing before the administrative hearing officer conducted pursuant to chapter 3 of this code. No suspension or revocation hereunder shall release or discharge the person from his civil liability for the payment or collection and remittance of the tax, nor from prosecution for such offense.

(Ord. No. O87-5754, § 1, 12-29-87)

For the purposes of this article whenever any of the following words, terms or definitions are used, they shall have the meaning ascribed to them in this section.

Alcoholic liquor is defined in the same manner as the term is defined in section 6-2.

Food item means and includes any and all material, whether solid, semisolid or liquid, used or intended to be used for human consumption and for nourishment of the human body. The term includes any and all nonalcoholic liquor beverages.

Liquor establishment means any premises required to obtain a retail liquor license pursuant to chapter 6.

Owner means any person having a sufficient proprietary interest in conducting the operation of a food establishment or liquor establishment so as to entitle such a person to all or a portion of the net receipts thereof.

Person means any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, copartnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise; whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations means the owners or part-owners thereof, and as applied to corporations, the officers thereof.

Food establishment means and includes any place kept, used and maintained as a place at which food items are served and/or prepared, and where food items are regularly served and/or prepared, whether or not consumed or intended to be consumed on the premises, but shall not include coin-operated automatic food item dispensing machines. For purposes of this article, "food establishment shall include, without limitation, luncheon or dinner clubs, employee cafeterias, catering entities, regardless of whether located within the city or not, and the like, where food items are prepared or served.

(Code 1969, § 44-112; Ord. No. O16-014, § 1, 3-22-16)

Every restaurant and liquor establishment which must collect and remit the tax under this article shall promptly complete and file a certificate of registration application with the city. The application shall be made on a form prescribed and approved by the finance department for such purpose. The conditions are as follows:

Every applicant for a certificate of registration shall furnish a financial responsibility bond/deposit, on or before commencing or recommencing operation, to guarantee the payments required by this article, in an amount equal to three (3) times the applicant's average monthly tax liability (including the purchase tax liability imposed under section 44-163 or twenty thousand dollars ($20,000.00), whichever is lower, but in no case less than five hundred ($500.00) dollars for non-liquor establishments and two thousand dollars ($2,000.00) for liquor establishments. A financial responsibility bond/deposit must be provided in one (1) of the following forms: For amounts up to and including two thousand dollars ($2,000.00), cash or cashier's check made payable to the city only; For amounts over two thousand dollars ($2,000.00), applicant may provide cash, cashier's check or a surety bond from a corporate surety in a form acceptable by the city; Other form of financial responsibility bond/deposit acceptable if approved by the city in writing. Upon receipt of the application in proper form and approval by the finance department of the security furnished by the applicant, the department shall issue to such applicant a certificate of registration which shall permit the commencement or continuation of operations thereby. Registrants shall annually renew such applications on or before each July 1, for record keeping and verification purposes. No certificate of registration shall be issued to any applicant who is delinquent or in arrears of any moneys due the city under law for any purposes, including, but not limited to, taxes, fines, penalties, water or license fees; or who is currently in violation of any appropriate and applicable building or fire code. Any registrant not affected by subsection (a) of this section shall be required to comply with the requirements thereof if determined to be delinquent for any two (2) months during a consecutive twelve-month period. If a registrant fails to pay, when due, any payment amount which such security guarantees, the city shall, after such liability is determined by the registrant or the city, convert the security which the registrant has furnished into money for the city, after first giving the registrant at least ten (10) day written notice to pay the liability or forfeit such security to the city. Any registrant who has, as verified by the city, faithfully and continuously complied with the requirements of this article for a period of three (3) consecutive years shall be exempt from the requirement of furnishing a financial responsibility bond/deposit until such time as a delinquency may o

If the mayor or other city official responsible for the issuance of a city license, permit or other approval, other than a liquor license shall find that any person has willfully evaded payment or collection and remittance of the tax imposed by this article, he may suspend or revoke such city license, permit or other approval held by such tax evader. The person shall have an opportunity to contest the suspension or revocation at a hearing before the administrative hearing officer conducted pursuant to chapter 3 of this code. No suspension or revocation hereunder shall release or discharge said person from his civil liability for the payment or collection and remittance of the tax, nor from prosecution for such offense.

(Code 1969, § 44-121; Ord. No. O87-5685, § 1, 7-7-87; Ord. No. O16-014, § 1, 3-22-16)

No establishment, business, licensee or their agents shall allow any illegal drug use, illegal drug sale, or other criminal activity to occur on the licensed premises and adjacent premises. Each licensee shall have the duty to maintain a peaceful and orderly business premises. This is referred to as the "Maintenance of Order Standard." This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting, including, without limitation, hiring extra security and routine training to servers and security personnel on deterring or preventing fights. The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once fight breaks out or is in imminent danger of breaking out. In determining whether a violation of this section has occurred, the local liquor control commissioner may consider the following matters, among others: Prior incidents of reported or unreported fighting. Whether any fight participant was impaired and the extent to which the impairment occurred on the premises. Whether any participant was served by the licensee after the participant's impairment should have been evident to the licensee. Whether any participant was impaired and whether the licensee had an opportunity to effect that person's removal from the premises. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent. The actions of the licensee in reacting to the fight. The extent and type of training given to the licensee's employees in such matters as recognizing impairment, over-serving and prevention of altercations. Whether minors were involved in fighting. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight. After consideration of all of the circumstances, the local liquor control commissioner may make a determination of whether the maintenance of order standard was violated. If it is determined that a violation occurred, the commissioner may impose any penalty set forth in sections 6-30 and 6-31, up to and including license revocation. The following procedure shall be observed by a licensee with respect to the outbreak or threatened outbreak of a fight: The licensee shall notify the police department immediately when the licensee knows or, in the exercise of ordinary judgment, should know that a fight is occurring or imminent. Within forty-eight (48) hours of the occurrence, the licensee shall file with the local liquor control commissioner a report containing the following information: The number of persons involved in the fight; The approximate amount of alcohol consumed on the premises by each person involved in the fight: What action, if any, was taken by the licensee to prevent the fight; What action, if any, was taken by licensee after the fight began; Licensee's corrective actions taken to address, deter and prevent futur

It shall be unlawful for any person to carry any alcoholic liquor in an unsealed or opened container from the licensed premises where such alcoholic liquor was purchased. No licensee or employee of a licensee under this article shall permit any patron to violate this section nor continue to sell alcoholic liquors to any person knowing that such person intends to carry the alcoholic liquor from the licensed premises in an open or unsealed container. It shall be unlawful for any licensee, owner, manager, bartender or any employee of said licensee to allow any patron to leave the licensed premises with open liquor. It shall be unlawful for any person to transport, carry, possess or have any alcoholic liquor in or upon or about any passenger area of a motor vehicle in the city except in the original package and with the seal unbroken. Notwithstanding any other provision of this section, Restaurant and Beer and Wine Restaurant liquor licensees may permit a patron to remove one (1) 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 section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. This section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home, as defined herein. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this section.

(Code 1969, § 6-24; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O08-105, § 1, 11-4-08; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

No person shall consume any alcoholic liquor in any public location or place, including, without limitations, retail store locations, within the city except on the premises licensed for the retail sale and consumption of alcoholic liquors except as hereinafter provided. For purposes of this section, the prohibition applies to all possession or consumption of alcohol, regardless of whether the alcohol consumed was sold on premises or was provided by someone other than the owner or lessee of the premises. This section shall not apply to any public fair, picnic or similar assembly if approved by the local liquor control commissioner. Such alcoholic beverages shall be dispensed and consumed in containers other than glass or metal and adequate waste receptacles shall be provided for the resulting refuse. No person shall sell at retail for consumption on the premises any nonalcoholic beverage or ice knowing the same to be intended to be mixed with any alcoholic liquor, except upon the premises licensed for retail sale of alcoholic liquor for consumption on the premises. No person shall sell, consume, or possess any alcoholic liquor in any place that is operating as a pool hall or arcade unless such premises are licensed for the retail sale and consumption of alcoholic liquors as provided in this section. No person shall possess alcoholic liquor in any public place within the city except in the original package and with the seal unbroken.

(Code 1969, § 6-23; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O87-5622, § 1, 1-17-87; Ord. No. O88-71, Exh. A, 6-21-88; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O15-053, 8-25-15; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Generally . The mayor is authorized to be the local liquor control commissioner and shall be charged with the administration of The Liquor Control Act of 1934 [235 ILCS 5/1-1 et seq.], and such ordinances and resolutions relating to alcoholic liquor as may be enacted. The compensation for the performance of such duties herein shall be one thousand dollars ($1,000.00) per year. The mayor may appoint one (1) deputy local liquor control commissioner to assist him in the exercise of the powers and the performance of duties herein provided for such local liquor control commissioner. The city council shall determine the amount of compensation to be paid to said deputy local liquor control commissioner as may be deemed necessary for the performance of the duties vested in him. No additional compensation shall be paid to any law enforcement officer, corporation counsel or assistant corporation counsel, or other city inspector for assisting the local liquor control commissioner in performing his duties. Powers, duties and functions . The local liquor control commissioner shall be bound by the requirements of the Liquor Control Act 235 ILCS 5/1-1 et seq., as amended, and this chapter. The local liquor control commissioner shall have the following powers, duties and functions with respect to liquor licenses: To grant a liquor license to persons or entities within his jurisdiction. The local liquor control commissioner may impose a fine and/or suspend for any period up to thirty (30) days or revoke for cause any license issued by him if he determines that the licensee has violated any of the following provisions: The licensee has violated any ordinance, resolution or regulation enacted by the city or the license has violated any of the provisions of the Liquor Control Act, 235 ILCS 5-1-1 et seq., or regulation adopted by the local liquor control commission and which violation occurred as part of the operation of the licensee's business or upon the licensed premises or adjacent premises. The licensee is more than forty-five (45) days delinquent in the payment of any debt to the city. 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 community or is deemed to have property maintenance, fire, building or other code violations upon the premises for which the establishment is licensed, he may, upon the issuance of a written order stating the reasons for such conclusion and without notice of hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; provided 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. For the purpose of this section, every licensee shall be deemed responsible for the acts of his agents or employees w

All liquor licensees shall operate with an approved location manager on premises at all times. In the event that a licensed business wishes to change their location manager, they must submit a change of location manager form to the local liquor control commissioner for review and approval. A location manager change shall be approved provided the following criteria are met: That the proposed new location manager is a person who is qualified or possesses the same qualifications required of the licensee, pursuant to Sec. 6-6 herein, except that the location manager shall not be required to be a resident of the city. The applicant shall submit an affidavit form provided by the city with the change of location manager form attesting that they do not have a criminal history that would preclude them from serving as a location manager in a liquor licensed establishment pursuant to Sec 6-6(a)(1-5) of the code of ordinances or the Illinois Liquor Control Act. That written permission be given by the local liquor control commissioner authorizing such change in location manager. A change in location manager does not require approval by the City Council. In the event that a licensed business has a change of corporate officer(s) (president, secretary, or treasurer), partnership structure, or, if less than a total of fifty (50) percent change in ownership of a corporation or of a partnership changes, the licensee shall notify the local liquor control commissioner, in writing to the city clerk, within ten (10) days of such change. Said notification shall consist of proof of the new proposed corporate or partnership and ownership structure, specifically identifying every officer and partner in the organization and their respective percentage ownership(s). Such change of officer(s), partnership structure, or ownership, if less than a total of fifty (50) percent change, will be allowed provided the following criteria are met: That the proposed new corporate officer(s) partner(s) or owner(s) (if less than a total of fifty (50) percent change) is a person who is qualified or possesses the same qualifications required of the licensee, pursuant to Sec. 6-6 herein, except that the new corporate officer(s) or partner(s) shall not be required to be a resident of the city. The new proposed corporate officer(s), partner(s) or owner(s) (if less than a total of fifty (50) percent change) shall submit to a background check and shall provide the local liquor control commissioner with any documents necessary for said background check. Corporate shareholders or partners holding less than five (5) percent shares in the licensed business are not required to submit to a background check. That written permission be given by the local liquor control commissioner authorizing such change in officer or partner. All license classifications which allow the consumption of alcoholic liquor on the premises shall, at all times, have on duty an owner or officer in charge of the establishment

Every licensee under this article shall cause his liquor license, maximum occupancy load, and county health department certificate to be framed and hung in plain view in a conspicuous place on the licensed premises.

(Code 1969, § 6-11; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O08-105, § 1, 11-14-08; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

The local liquor control commissioner shall keep or cause to be kept a complete list of all such licenses issued by him and furnish the city clerk, the city treasurer and the chief of police with copies thereof. Upon issuance or revocation of any license the local liquor control commissioner shall give written notice of such action to the city clerk, the city treasurer and the chief of police within forty-eight (48) hours of such action.

(Code 1969, § 6-12; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Drive-Through. No licensee under this chapter shall sell alcoholic liquor at a drive-through facility without a valid drive-through endorsement as defined in Sec 6-2 herein. Delivery. Alcoholic liquor delivered to any premises located in the city which does not hold a valid liquor license or grocery store pick-up is subject to the requirements as defined by state law in 235 ILCS 5/5-1(d). Alcoholic liquor delivered to any premises which does not hold a valid liquor license is subject to the restrictions imposed by state law in 235 ILCS 5/6-16 in addition to the following restrictions: Alcoholic liquor must be delivered by an individual of at least twenty-one (21) years of age or older. Deliveries must not be between the hours of 11:00 p.m. and 9:00 a.m. on weekdays and 11:00 p.m. and 11:00 a.m. on Sundays. Payments may not be accepted nor orders placed at the delivery location. The express carrier, common carrier or contract carrier or agent of a liquor license holder that carries or transports alcoholic liquor into or within the city shall not deliver or leave such deliveries without requiring signature of an individual twenty-one (21) years of age or older. Adequate evidence of proof of age should be produced to the delivery agent in all instances of delivery. A record shall be kept by the express company, common carrier or contract carrier or agent of a liquor license holder who delivers alcoholic liquor into or within the city indicating the purchaser's name, address, driver's license/state identification number, time, date and place of delivery and the individual's deliverer's identity.

(Code 1969, § 6-14; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Generally. A liquor license shall be issued only to establishments located in those portions of the city hereinafter classified as predominantly business in character. For the purposes of this chapter the following described portions of the city are predominantly business in character: Downtown, as defined herein. Shopping centers, as defined herein. Contiguous areas of at least fifteen (15) acres which are zoned as B-2 Business District—General Retail, B-3 Business and Wholesale District, BB Business—Boulevard District, ORI Office, Research and Light Industry District or M-1 Manufacturing District, Limited or combinations of said districts under the chapter 49 of this code and the zoning map attached thereto. In addition, any land zoned PDD-Planned Development District shall be included to the extent that such land has been designated for uses similar to the above zonings. Any area zoned R-1, R-2, R-3, R-4, R-5, B-1, M-2, downtown core, downtown fringe is specifically excluded from said business districts. Distance Requirements. No new liquor licenses may be issued to any establishment that is within five hundred (500) feet of a residential property without the applicant obtaining the approval of the liquor commissioner through the hearing process established in section 6-13(d)(2-4), provided the property has adequate off-street parking, and complies with all other requirements of the code. However, if the business is located in the downtown or a shopping center, as defined herein, then a liquor license may be issued without obtaining the approval for a reduction of the distance requirement from the liquor commissioner after an administrative hearing so long as the business complies with all other requirements of the code. Licensees identified as Taverns, Fraternal Societies or Clubs, Package Liquor and Auditoriums prior to January 1, 2003 in portions of the city located within five hundred (500) feet of a residential property shall not be required to obtain approval from the liquor commissioner in order to renew their existing liquor license. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred (100) feet of a church, grade school, middle school, alternative school or high school, hospital, or home for indigent persons. However, if the license is located in the downtown or a shopping center, as defined above, then a Class D license may be issued if the license is not located within one hundred (100) feet of a grade school, middle school, alternative school or high school. The one hundred (100) feet measurement is to be taken from property line to property line, except when determining the distance between a church and a liquor license applicant, the distance of one hundred (100) feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Distance Reduction Hearings. The liquor commissioner may grant a reduction of the dista

The city council shall determine, by ordinance or resolution, the number of licenses available in each classification. (This limitation shall not apply to temporary permits issued by the local liquor control commissioner under section 6-10 of this chapter.) Neither the local liquor control commissioner nor any other person or entity may issue liquor licenses in a number that is in excess of the number authorized by the city council. A schedule of the currently authorized number of licenses available shall be maintained by the city clerk for the local liquor control commissioner. In addition, the city council may regulate the number of licenses by considering at least the following criteria: The class of liquor license applied for; The past performance of the applicant; or if a partnership, that of each of the partners; or if a corporation, that of the officers, directors, and majority stockholder, and manager, as a licensee; The character and reputation of the applicant; or if a partnership, that of each of the partners; or if a corporation, that of the officers, directors, majority stockholder and manager; The general design and layout of the proposed premises with particular attention given to the licensee's ability to control access by minors; The amount of the applicant's anticipated gross revenue from the sale of alcoholic liquor as compared with gross revenue from other sources within the proposed licensed premises; The nature of entertainment, if any, which the applicant intends to provide; The compliance of the premises with all ordinances of the city and specifically health, building, property, maintenance, housing, and fire safety ordinances; Any monies owed to the city by the applicant which have remained unpaid for a period of more than forty-five (45) days, whether for bills, taxes, licenses or otherwise; The number, class and type of licensed premises within a one-mile radius of the proposed licensed premises, and within the city as a whole; The zoning, general character of the surrounding neighborhood and the projected impact of the premises upon the surrounding neighborhood and the city as a whole; The law enforcement problems, if any, which would be created by the opening of the premises; The recommendation of the commissioner. The fee for each class of license shall be determined, from time to time, by separate ordinance or resolution of the city council. The annual fee hereinabove designated for said liquor license shall be due and payable prior to the expiration of the current year's license. The fee hereinabove designated for the liquor license shall be reduced in proportion to the full calendar months which have expired in the license year prior to the issuance of a new license. No part or portion of any fee paid under this section shall be refundable for any purpose. Upon any license becoming forfeited, void or revoked for any reason, the number of available licenses in that classification shall automatically and immediatel

Each license issued under this chapter shall be for a period of one (1) year. All license classifications shall commence on May 1st and terminate on April 30th of each year. Completed applications for renewal of a liquor license must be filed with the local liquor control commissioner or his/her designee not less than fourteen (14) days prior to the date for which the license is to expire. Applications for renewal submitted after the due date shall be assessed a late fee. At the time of filing application for renewal of a liquor license each applicant must produce the following documentation: Copy of the current lease or proof of ownership, (i.e. deed) if prior lease expired or new lease was entered into or ownership of the property has changed in the past year. Copy of the current dram shop insurance (liquor liability insurance) at the required statutory maximum limits set forth in the Liquor Control Act, 235 ILCS 5/1-1 et seq., as amended from time to time, showing the City of Aurora as the certificate holder. Current certificate of good standing from the Secretary of State. Copy of the applicable county department of health certificate. Copy of menu, if applicable, if changed since the last renewal. Copy of current State of Illinois liquor license. Copy of current state-certified beverage alcohol sellers/servers training (BASSET) certificates for anyone serving or selling alcohol and all managers and assistant managers. Current list of names, dates of births and addresses of officers (Social Clubs and Fraternal Organizations only). Full amount of the annual license fee required for relevant classification. Current background check of corporate and LLC members/managers, owners, officers, stockholders over 5%, and anyone owning over 5% interest in the business if more than three (3) years has elapsed since last background check. Audit sheet regarding the distribution of revenue for license holders with video gaming terminal licenses. Update any security camera information and floor plan information as required under the Business Registration Ordinance in Chapter 25 of this code. Proof of valid city Business Registration renewal. Any license held but not used for the actual operation of the licensed business at any time for a period of six (6) months shall after the expiration of the six (6) months become null and void; provided, that it may be extended by the local liquor control commissioner to two (2) years if the reason for the close of said business is due to a fire or other natural disaster. If, during the license period, the licensee no longer owns or has a valid lease on the premises for which a liquor license has been issued said license shall become void. Reserved. No same day liquor licenses, except for temporary licenses issued pursuant to section 6-10, shall be issued.

(Code 1969, § 6-7; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O87-5622, § 1, 1-17-87; Ord. No. O89-66, § 1, 7-5-89; Ord. No. O90-26, § 1, 3-6-90; Ord. No. O96-74, § 2,

It shall be unlawful for any person or business to sell or offer for sale at retail in the corporate limits of the city any alcoholic liquor without a local liquor license and the appropriate liquor license issued by the State of Illinois. This license shall allow the licensee to sell or offer for sale at retail, only on the premises specified on such license, alcoholic liquor for use or consumption, but not for resale in any form. No such license hereunder may be transferable between any persons, premises, locations, or entities. As contained herein, the definition of Sale includes selling, giving away, dispensing, providing mix, ice, water or glasses for consumption of alcoholic liquor, pouring, providing of setups, and storage of any alcoholic liquor.

(Code 1969, § 6-4; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O15-053, 8-25-15; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Temporary permit. The local liquor control commissioner shall have authority to issue a temporary permit for sale of alcoholic liquor to be consumed on the premises at a special event. Such temporary permit may be issued to a club, society, fraternal or benevolent organization or association which is organized not for pecuniary profit or to a for-profit entity, organization or group, and shall only be valid for a single theme and at the same location for not more than fifteen (15) days from start to finish. All applicable state and local laws, ordinances, rules and regulations shall apply, including, without limitation, the requirements set forth in section 6-23 regarding completion of a state-certified beverage alcohol sellers and service education and training program prior to issuance of permit. Each written application for a temporary permit under this section must include the following documents: Proof of a valid state liquor permit or license for special event (Note: For-profits must apply for a standard retailer's license from the state to hold a special event); Dram shop liability insurance to the required statutory maximum limits set forth in the Liquor Control Act, 235 ILCS 5/1-1, et seq. as amended from time to time, covering the specific date(s) of the special event; and Proof of completion of a state-certified beverage alcohol sellers and service education and training program shall not be required for each person serving or selling alcoholic beverages pursuant to a temporary liquor permit provided any such person is at all times supervised in the serving or selling of alcoholic beverages by not less than two (2) persons present at the alcohol sales or service area on the licensed premises and provided such supervisor has successfully completed said state-certified training. Each application for a temporary liquor permit shall identify each person who will be supervising the serving or selling of alcoholic beverages at the alcohol sales or service area on the licensed premises. Notwithstanding the provisions of subsection (a)(3) of this section, each such designated supervisor shall submit proof of his or her successful completion of a state-certified beverage alcohol sellers and service education and training program at the time of application. Each applicant for a temporary liquor permit shall list the hours of the event and hours that alcoholic beverages will be sold and or consumed. As part of the application, the applicant must list the type of entertainment and the approximate time of the performance(s). On-site security plan for temporary liquor permit. See also, §415-161 for security requirements depending on event size. Any other documents the local liquor commissioner may request pursuant to state or local liquor control laws, rules and regulations. No more than twelve (12) temporary permits may be granted to any organization during a calendar year. Notwithstanding any of the above-mentioned provisions, a temporary liquor p

Classification of liquor licenses . There shall be the following classification of licenses: Class A - Packaged Sales. Authorizes the licensee to sell to the general public who are twenty-one (21) and above alcohol in its original packages for consumption off the premises where sold. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the customer. E-Commerce delivery store, convenience store, farmer's market, florist, gas station, grocery store, hotel, liquor store, package sales beer/wine only, package sales gas station, and specialty basket as herein defined in section 6-2 shall have a Class A - Packaged sales license. Each licensee shall follow any restrictions set forth in section 6-2 for the type of license they have. No establishments which sell gasoline may sell liquor, only beer and wine. Available endorsements for some Class A - Package Sales license holders are: gas station, drive-thru and farmer's market. Video gaming on the premises is not permitted. Class B - On-Site Consumption. Authorizes the licensee to sell to members of the general public who are twenty-one (21) and above beer, wine, or alcoholic liquor by the drink for consumption on premises in conjunction with the sale of food for consumption on the premises. Service of alcoholic liquor shall be only during the time that food is prepared on the premises and is available to be served and a menu, approved by the liquor commissioner is in effect, unless otherwise specified in section 6-2. Each licensee shall follow any restrictions set forth in section. 6-2 for the type of license they have. Available endorsements for Class B - On-Site Consumption license holders are: package sales, video gaming (limited), and outdoor seating. Video Gaming will not be permitted on premises unless the licensee meets the definition of Full Service Restaurant in section 6-2 and the requirements of Chapter 8, Article IV, Division 5, entitled "Video Gaming." Class C - Specialty On-Site Consumption. Authorizes the licensee to sell to members of the general public who are twenty-one (21) and above beer, wine, or alcoholic liquor by the drink for consumption on premises. Food service regulations for a Class C license are less restrictive for certain licensee types as described in section 6-2. Each licensee shall follow any restrictions set forth in section 6-2 for the license they have. Licensees with Class C - Specialty On-Site Consumption can apply for the following endorsements: package sales. Video gaming on the premises is not permitted. Class D - Specialty By Area. Downtown Core Entertainment District. In addition to the other categories of licenses authorized under this chapter, the local liquor control commissioner may issue Class A, B, and C (excluding gas stations and new licenses for liquor stores) licenses authorizing the sale or servi

No license required by this chapter shall be issued or renewed to the following: A person who is indebted to the city or other governmental entity for payment of any fees, fines, charges, bills, or taxes which he is obligated to pay but have remained unpaid for more than forty-five (45) days. A person who has been convicted of a felony under any federal or state law, irrespective of the nature of the offense, unless the local liquor commissioner 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 internal investigation. The burden of proof of sufficient rehabilitation shall be on the applicant. A person who has been convicted of a violation of any federal, state or city law concerning the manufacture, possession, consumption or sale of alcoholic liquor including any misdemeanor and traffic violation relating to the same, or has forfeited his bond to appear in court to answer to any charges for any violation, unless the local liquor commissioner 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 internal investigation. The burden of proof of sufficient rehabilitation shall be on the applicant. A person who is not of good character and reputation in the community in which he resides or conducts business, unless the local liquor commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application. The burden of proof of sufficient rehabilitation shall be on the applicant. For the purpose of this chapter, any person who within five (5) years of application for any liquor license has been convicted of, plead guilty to, or been placed on supervision for any liquor related offense, including driving under the influence of alcohol, shall be considered not of good character and reputation. There may be additional bases for determining that someone is not of good character or reputation including, without limitation, persons convicted of committing a crime of moral turpitude. A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution. A corporation, if any officer, manager or director of the corporation, or any stockholders owning 5% or more stock of such corporation, would not be eligible to receive a license hereunder for any reason. A corporation or limited liability company, unless it is incorporated or organized in Illinois or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 [805 ILCS 5/1.01 et seq.] to transact business in Illinois. A person whose place of business is con

It shall be unlawful for any person holding a license to fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor.

(Code 1969, § 6-25; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O87-5622, § 1, 1-17-87; Ord. No. O94-91, § 1, 9-6-94; Ord. No. O08-105, § 1, 11-4-08; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Any liquor license in effect September 2, 1986, and which is in a location which would not qualify for an issuance of a liquor license under this chapter shall be renewed yearly so long as the license remains in force. Any liquor license in effect September 2, 1986, and which is held by a business whose primary purpose is other than the sale of alcoholic liquor and would not qualify for an issuance of a liquor license under this chapter shall be renewed yearly so long as the license is issued to the current owners. Any sale, transfer, or assignment of more than fifty (50) percent of the ownership of a business shall terminate said license. In the event that such license is held in the name of a corporation, the sale, transfer or assignment of fifty (50) percent of the stock shall, in like manner, terminate such license unless otherwise provided.

(Code 1969, § 6-32(c), (d); Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O94-91, § 1, 9-6-94; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

It shall be unlawful for any person holding a liquor license to sell at retail for consumption off the premises where sold, any single can, bottle or other container holding beer or wine that contains sixteen (16) fluid ounces/four hundred seventy-five (475) milliliters or less which is refrigerated or displayed in ice. It shall be unlawful for any person holding a liquor license to sell at retail any single container holding less than seven hundred fifty (750) milliliters of wine where alcohol content determined by volume exceeds thirteen (13) percent. It shall be unlawful for any person holding a liquor license to sell at retail any alcoholic liquor where alcohol content determined by volume exceeds seventy-six (76) percent. It shall be unlawful for any person holding a liquor license to sell at retail any single can, bottle or other container holding malt liquor that contains more than twenty-four (24) fluid ounces. It shall be unlawful for any person holding a liquor license to sell or give away items of drug paraphernalia, as defined in section 29-302 of this Code. It shall be unlawful for any person holding a liquor license to sell products used to roll tobacco into cigarettes, commonly referred to as rolling papers or cigarette papers. It shall be unlawful for any person holding a liquor license to sell or give away, for use off the premises, individual paper, plastic or other disposable-type beverage cups. It shall be unlawful for any person holding a liquor license to display for sale any adult magazine, book, poster, or electronic media in such a manner that it can be viewed by those under the age of eighteen (18). It shall be unlawful for any licensee or any employee or agent of any such licensee to sell, deliver, or distribute any product which contains Tetrahydrocannabinol (THC) or any synthetic cannabinoid.

(Code 1969, § 6-26; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O08-105, § 1, 11-4-08; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O10-030, § 1, 6-8-10; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

All liquor control hearing officers shall be appointed by the liquor commissioner and confirmed by the city council. A hearing officer shall not have any ownership interest in, or be employed by, any licensed establishment, nor have a spouse, parent, sibling, or child that has, or acquires any ownership interest in, or is employed by, any licensed establishment.

(Ord. No. O14-021, § 2, 5-13-14; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

All words and phrases used in this chapter, not otherwise defined herein, and which are defined in The Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.) as now or hereafter amended, shall have the meaning accorded to such words and phrases in such act. Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:

Adjacent premises means any land or parking area under the control of the licensee which is used incidentally to said licensed business.

Adult magazine, book, poster, or electronic media means items containing pictures, video, or audio of any or all of the following:

The acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts; Breasts, buttocks, anus, pubic hair, vulva, or genitals.

Alcohol related public nuisance activity means a public nuisance activity that occurs on or within five hundred (500) feet of an alcoholic liquor establishment where a law enforcement officer determines that the alcoholic liquor establishment provided alcoholic liquor to a person involved in a public nuisance activity within the preceding three (3) hours.

Alcoholic liquor means any spirits, wine, beer, ale or other liquor containing more than one-half of one (0.5) percent of alcohol by volume, which is fit for beverage purposes.

Arts facility license/Arts and entertainment means a location where art, cultural events or entertainment studio at which public and private events are held with the primary purpose of holding arts, crafts, or art and culture events, performances and classes. Video gaming on the premises is not permitted.

Auditorium/theatrical means a location defined as a "theatrical-arts facility" that hosts scheduled performances, workshops or other events. Video gaming is not allowed on the premises.

Banquet hall means a commercial location with a commercial kitchen where banquet meals are served, either exclusively or in conjunction with a restaurant business; including service of food for consumption consisting of a full multiple course meal, hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served as incidental to such food service. Live musical entertainment or DJ may be provided incidental to the banquet. Video gaming on the premises is not permitted.

Barber shop as defined in the State of Illinois Compiled Statutes at 225 ILCS 410; as amended from time to time. May not include any signs advertising itself as a "bar" or promoting the service or sale of alcoholic liquor. Video gaming on the premises is not permitted.

Barbershop, Salon or Spa Alcohol Service authorizes a business engaged in providing non-food or non-alcoholic goods, barbershop, salon or spa services to the public to allow the on-site consumption of alcohol containing less than 15% ABV by its patrons who are twenty-one (21) and over that is provided in conjunction with the patron's purch

Entertainment shall be allowed for all licenses that allow for consumption of alcoholic liquor on the premises. Such entertainment shall conform to the following provisions: Entertainment shall be confined to a designated stage area that is separate from the audience or in a designated lounge area. Dancing by patrons and customers shall be allowed only in areas specifically designated for dancing. Entertainers at Tavern establishments shall be at least twenty-one (21) years of age. Entertainers may not solicit alcoholic beverages from customers or patrons of the establishment in which the entertainer is performing. Entertainment for purposes of this chapter may consist of live acts, such as vocal soloists or groups, instrumental soloists or groups or spoken word soloists or groups, disc jockeys, karaoke, and pay-per-view streamed events. Admission may be charged to the lounge only, at the lounge entrance itself, and only when entertainment is provided. No cover charge, admission charge or other type of charge may be charged to enter the premises of a restaurant. No licensee shall allow the sale, modeling or display of lingerie, swimwear or sexually explicit clothing on the licensed premises. No licensee shall allow entertainment of a sexual nature, including, without limitation, mud wrestling or wrestling in any other medium or erotic, topless or nude dancers. Licensee shall notify the local liquor control commissioner or his designee at least five (5) business days in advance of any entertainment, giving the name and nature of the entertainment and the timeframe in which the entertainment will take place at the licensee establishment.

(Code 1969, § 6-15; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O87-5622, § 1, 1-17-87; Ord. No. O91-36, § 1, 5-21-91; Ord. No. O94-91, § 1, 9-6-94; Ord. No. O02-158, § 6, 12-10-02; Ord. No. O03-145, § 1, 11-4-03; Ord. No. O15-053, 8-25-15; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Alcohol related public nuisance . No licensee shall allow its licensed establishment to become a nuisance or to be operated in a manner to constitute a public nuisance. It is a public nuisance for patrons, invitees or employees of a licensed premise to engage in a pattern of nuisance activity as defined in this chapter. All notices shall be subject to the provisions in section 6-31. Exclusions . Alcohol-related public nuisance shall exclude the same pursuant to section 29-127.5 of the city code. Procedure . When the local liquor commissioner receives notice of one (1) or more occurrences of alcohol-related public nuisance activity attributable to an alcoholic liquor establishment, then the local liquor control commissioner may at his discretion, do one of the following: Notify the licensee that the establishment is in danger of becoming an alcohol related public nuisance. If the local liquor control commissioner sends such notice, shall include the following: A statement that the city has information that the establishment may be an alcohol related public nuisance along with a concise description of the nuisance activities that exist or have occurred. The local liquor control commissioner shall offer the licensee an opportunity to propose a course of action that will abate the alcohol related public nuisance activities giving rise to the violation. Demand that the licensee respond to the local liquor control commissioner within ten (10) business days to discuss the alcohol related public nuisance activities. Issue a violation notice to the liquor license holder. When the local liquor control commissioner receives documentation of the occurrence of additional alcohol related public nuisance activity at the same establishment after notice has been given within the previous twelve (12) months, as specified in section 6-33(a)(2)(a), the local liquor control commissioner, at his discretion, may do one or both of the following: Notify the owner, in writing, that the property has been determined to be an alcohol related public nuisance property; Issue a violation notice to the liquor license holder. Options of holder upon violation notice; hearing . The holder of the license of the alcoholic liquor establishment cited in a violation notice shall respond to the violation notice in one of the following manners: If a pattern of alcohol-related public nuisance activity has not been previously found to have existed attributable to the alcoholic liquor establishment, the holder of the license of the alcoholic liquor establishment may notify the local liquor control commissioner, in writing, that the alcoholic liquor establishment agrees to institute a nuisance abatement plan that meets the requirements of this division by the deadline stated on the violation notice which, upon implementation of the approved plan, shall operate as the final disposition of the violation notice; or By attending the hearing on the merits of the violation notice at the time and da

A City of Aurora liquor license is not transferrable between multiple businesses or business locations. Every liquor license shall clearly identify the physical location of the licensed business as approved by the City Council. The sale of alcoholic liquor by the licensed business shall only be conducted on the premises identified on the liquor license. In the event a liquor licensee wishes to relocate the licensed business, the licensee must submit a new Liquor License Application with all required supporting documentation and a non-refundable application fee to the City Clerk's Office for review by the Local Liquor Commissioner. The Liquor License Application shall be presented to the City of Aurora Public Health, Safety & Transportation Committee, the Committee of the Whole, and the City Council for final approval of the issuance of a new license by the Local Liquor Commissioner.

(Code 1969, § 6-19; Ord. No. O85-5553, § 2, 9-2-86; Ord. No. O93-05, § 1, 1-5-93; Ord. No. O11-004, § 1, 3-8-11; Ord. No. O15-053, 8-25-15; Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Burden of proof. At a hearing regarding a violation of the code before the local liquor control commissioner or the administrative hearings officer, the city shall have the initial burden of proof to show, by a preponderance of evidence, that the liquor licensed establishment has violated a section of the code. However, at a hearing regarding the denial of a liquor license before the local liquor control commissioner or the administrative hearings officer, the applicant shall have the initial burden of proof to show, by clear and convincing evidence that the applicant is suitable for licensing and meets the economic development goals for the location. Hearing procedure. When the local liquor control commissioner finds a violation, he shall provide written notice of the violation indicating the name and address of the license holder, the type and nature of the violation, and the date the violation was observed. Said notice shall be sent in accordance with section 6-31. All such hearings shall be open to the public and an official record shall be made by a certified court reporter in attendance. Subpoenas. At any time prior to the hearing date, the administrative hearings officer, at the request of the local liquor control commissioner or attorney for the city, or the license holder or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. Default. If on the date set for the hearing the license holder or his attorney fails to appear, the administrative hearing officer may find the license holder in default and shall proceed with the hearing and accept evidence relevant to the existence of a liquor code violation. Continuances and representation at hearings. No continuances shall be authorized by the hearing officer in proceedings under this article except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this article shall not exceed twenty-five (25) days. The case for the city may be presented by an attorney designated by the city. However, in no event shall the case for the city be presented by the local liquor control commissioner. The case for the license holder may be presented by the owner, his attorney, or any other agent or representative. Evidence at hearing. At the hearing, a hearing officer shall preside and shall hear testimony and accept any evidence relevant to the existence or nonexistence of a code violation on the property indicated. In all hearings pursuant to this section, the evidence presented shall be reduced to writing and an official record of the proceedings maintained. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this article. The hearing officer shall consider if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that

Subject to the provisions of subsection (c), any notice, order of other process entered or issued by the commissioner pursuant to this chapter may be served on a license holder or applicant by certified mail addressed to the licensee or applicant at the location of the licensed premises or the mailing address contained in the license application. Service shall be complete on the fourth day following mailing and may be proven in any manner allowed by law. If the local liquor commissioner sends such notice, the notice shall contain the following information: The street address of the establishment or a legal description sufficient for identification of the establishment. A statement that the matter is being referred to corporation counsel to be brought before an administrative hearing officer, as defined in section 6-31 of this Code, for a hearing. If the person in charge notifies the local liquor control commissioner within three (3) days of receipt of the notice and agrees to abate the nuisance within ten (10) days, or take other agreed upon, timely, and warranted measures, the local liquor control commissioner, at his discretion, postpone referring the matter to corporation counsel. Service of notice shall be made either personally or by first-class mail, postage prepaid, addressed to the person in charge at the address of the nuisance property, or such other place which is likely to give the person in charge notice of the determination of the local liquor control commissioner. The failure of any person to receive notice, as provided above, shall not invalidate or otherwise affect the proceedings under this chapter. Citations alleging a violation of this chapter and orders entered by the local liquor control commissioner which are appealable to the Illinois Liquor Control Commission shall be served on a licensee or applicant in the manner permitted under section 10-25 of the Illinois Administrative Procedure Act (5 ILCS 100/10-25). In addition to the persons designated by law, service upon a resident manager or other person in charge of the licensed premises at the time service is made, shall constitute effective service on the licensee.

(Ord. No. O18-119, § 1(Exh. A), 12-19-18)

Editor's note — Ord. No. O18-119, § 1(Exh. A), adopted December 19, 2018, amended § 6-31 in its entirety to read as herein set out. Former § 6-31, pertained to penalties, and derived from Code 1969, § 6-30; Ord. No. O86-5553, § 2, 9-2-86; Ord. No. O87-5622, § 1, 1-17-87; Ord. No. O08-105, § 1, 11-4-08; Ord. No. O10-030, § 1, 6-8-10.

Only completed applications, with required documentation, shall be considered by the liquor control commissioner. No license may be issued until all information and documentation required in the application has been provided. Applications deemed incomplete and remaining incomplete for longer than sixty (60) business days shall be denied. Applicants for a liquor license shall provide the local liquor control commissioner with a complete liquor license application containing the following information: The applicant's full name, address, and date of birth. In the case of an individual the full name, address, and date of birth of the applicant. In the case of a co-partnership the full name, address, and date of birth of all persons entitled to share in the profits thereof. In the case of a corporation the name, address, and date of birth of all officers, directors, regional manager, on-site manager and persons owning directly or beneficially stock of such corporation in excess of 5%. In the case of a limited liability company, the name, address, and date of birth of all members and managers directly owning or having an interest in such entity. The full name, address, and date of birth of the person acting as manager of a licensed premises. Reserved. The length of time the applicant has been in such business or, in the case of a corporation, the date when its charter was issued. In addition: If an Illinois corporation, the date of incorporation and a certificate of good standing from the Illinois Secretary of State shall be provided. If a foreign corporation, the date of becoming qualified to transact business under the Business Corporation Act of 1983 [805 ILCS 5/1.01 et seq.] to transact business in Illinois shall be provided. If an Illinois limited liability company, the date of organization and a certificate of good standing from the Illinois Secretary of State shall be provided. The location and detailed floorplan of the place of business which is to be operated under such license. In addition: The name and address of the owner of the premises shall be given. If the premises is held in a trust the names and addresses of all owners of the beneficial interests of the trust shall be given. If the premises is a leased premises, a copy of the lease shall be provided. Such lease shall be for a term of sufficient length to encompass the period of the license sought. Whether applicant has made application for a similar license or any other license for the premises except as described in this application and the disposition of such application. Whether a previous license by any state or subdivision thereof, or by the federal government has been issued, if so where and when, or if any such license has been revoked or suspended and the reasons thereof. The application shall be sworn to by the applicant, if an individual, by at least two (2) members of any partnership applying for such a license, and applications submitted by corporations shall be subscribe

On-Site Consumption . Businesses licensed to sell alcoholic liquor for consumption on the licensed premises may sell or permit to be sold for consumption on the licensed premises, alcoholic liquor only between the following hours, unless otherwise provided: Monday through Thursday from 6:00 a.m. to 1:00 a.m. the following morning; Friday and Saturday from 6:00 a.m. to 2:00 a.m. the following morning; Sunday from 9:00 a.m. (with the service of food) to 1:00 a.m. the following morning; Thanksgiving Eve from 6:00 a.m. to 2:00 a.m. on Thanksgiving morning; and New Year's Eve from 6:00 a.m. to 2:00 a.m. on New Year's Day morning. Businesses holding a Breakfast and Lunch Service Only Endorsement may serve alcohol on Sundays from 7:00 a.m. to 3:00 p.m. Off-Site Consumption . Businesses licensed to sell alcoholic liquor for consumption off of the licensed premises may sell or permit to be sold for consumption off of the licensed premises, alcoholic liquor only between the following hours, unless otherwise provided: Monday through Thursday from 6:00 a.m. to 11:00 p.m.; Friday and Saturday from 6:00 a.m. to 1:00 a.m. the following morning; Sunday from 9:00 a.m. to 12:00 midnight. Licensees located in the River Edge Redevelopment Plus Zone shall only sell or permit to be sold alcoholic liquor, beer and wine beginning at 9:00 a.m. Sunday through Friday, and beginning at 7:00 a.m. on Saturday. Due to the primarily entertainment and exclusive nature of this use, licensees in the Farnsworth Bilter Entertainment District may sell or permit to be sold or consumed on or in its licensed premises, alcoholic liquor as follows: A casino with an "owners license", as defined by the Illinois Gambling Act, 230 ILCS 10/4, may sell or permit to be sold or consumed, alcohol in compliance with the State of Illinois Liquor Control Act, the Illinois Gambling Act, 230 ILCS 10/11(1.5) and the Illinois Administrative Code Section 3000.930. Class D liquor licensees in the Farnsworth Bilter Entertainment District not subject to control as a casino with an "owners license" may sell or permit to be sold or consumed, alcohol pursuant to Sec (a) herein. New Year's Eve/Day Extension of Business Hours. All licensees licensed for on-site consumption may automatically remain open on New Year's Eve until 2:00 a.m. on New Year's Day. All licensees licensed for on-site consumption may submit an application to remain open and sell alcohol for on-site consumption between 2:00 a.m. and 4:00 a.m. on the morning of New Year's Day; provided that such request shall be subject to the following requirements: A written application for extension of business hours shall be submitted to the local liquor control commissioner on or before December 15 each year for which permission is sought. A non-refundable fee shall be submitted with the application for extension of business hours. An approved licensee shall close and secure the entrance doors between 2:00 a.m. and 4:00 a.m. on the morning of New Year's

Under no circumstances shall a license be issued for the operation of any arcade unless located in a B-2 general retail district or similar designation in a PUD or PDD, or a district having a less restrictive zoning classification. Operation of seven (7) or fewer entertainment devices, as accessory to an otherwise permissible principal zoning use, shall be presumed to be an accessory use, and this section shall not apply thereto. No license shall be issued for any arcade within five hundred (500) feet of any church, hospital or building used exclusively for kindergarten through high school age children for educational purposes, other liquor establishment, if applicable, or any other arcade, unless the place to be licensed hereunder has been established as a place where amusement devices or video gaming terminals are kept, used and maintained before the establishment of such church, hospital, school other liquor establishment, or other arcade. Such distance shall be measured from the entrance of the premises for which application for license hereunder has been made and the nearest point of the church, hospital, school, other liquor establishment, or other arcade building. State waivers for video gaming terminal location shall be accepted by the city. The requirements of subsections (a) and (b) hereof shall not apply to not-for-profit or government sponsored youth centers with no casino entertainment devices.

(Ord. No. O96-105, § 1, 9-24-96; Ord. No. O12-068, § 3, 8-28-12)

An arcade license may otherwise additionally be issued for a premises principally operated as a liquor establishment upon the terms and fees provided by this article and by Chapter 6 (entitled "Alcoholic Liquor") of this Code. No liquor shall be allowed on premises licensed under this article unless also licensed under Chapter 6.

(Ord. No. O96-105, § 1, 9-24-96)

No establishment licensed by the Illinois Gaming Board shall be permitted to operate any video gaming terminal in the city pursuant to the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) without first obtaining a video gaming terminal license under this division. The distributor of the video gaming terminal must also be in compliance with division 2 of this article.

Effective May 1, 2020, video gaming terminal licenses will only be issued to full-service restaurant establishments holding a liquor license and video gaming endorsement as described in Chapter 6, Sec 6-2 Definitions. Any video gaming terminal license in effect at the time of adoption of this section shall be renewed yearly so long as the licensed business does not change ownership. Any sale, transfer, or assignment of more than fifty (50) percent of the ownership of a business or partnership shall terminate said license. In the event that such license is held in the name of a corporation, the sale, transfer or assignment of fifty (50) percent of the stock shall terminate the license. Liquor license must be in good standing with the City of Aurora and the State of Illinois. An establishment must be in operation as a liquor licensed business for no less than one hundred twenty (120) days prior to issuance of a video gaming terminal license. Applications for a video gaming terminal license may be submitted prior to the expiration of one hundred twenty (120) days, however, final review of the application will only occur after the required waiting period. Limitations on the issuance of video gaming terminal licenses: The number of video gaming terminal licenses shall be limited to two hundred and forty (240) video gaming terminals. No new video gaming terminal licenses may be issued to any establishment that is less than two thousand six hundred forty (2,640) feet from another licensed establishment, measured from property line to property line and where there is an existing licensed video gaming terminal licensed in the same single shopping center, plaza or strip mall without the applicant obtaining approval by the local liquor control commissioner (liquor commissioner) for the issuance of said license as set forth herein. Current establishments located within two thousand six hundred forty (2,640) feet or within the same single shopping center, plaza or strip mall with a video gaming terminal license in effect at the time of adoption of this section shall be renewed yearly so long as the licensed business does not change ownership. Any sale, transfer, or assignment of more than fifty (50) percent of the ownership of a business or partnership shall terminate said license. In the event that such license is held in the name of a corporation, the sale, transfer or assignment of fifty percent (50) of the stock shall terminate the license. The liquor commissioner may grant a reduction of the distance requirement set forth in paragraph (d)(3) of this section based on the finding of an a

All licenses issued by the city under this article shall expire on September 30 and are renewable annually unless sooner cancelled or terminated. No license issued under this article is transferable or assignable. The license may only be renewed upon receipt of a copy of the current state license, the applicable renewal fee and any renewal forms provided by the city. The license may only be renewed if the licensee continues to meet all qualifications for licensure set forth in the Video Gaming Act, the regulations promulgated pursuant to the Video Gaming Act, Aurora Liquor Control Ordinance and this article.

(Ord. No. O12-068, § 4, 8-28-12; Ord. No. O18-026, 3-13-18; Ord. No. O19-046, (Exh. A), 7-9-19; Ord. No. O20-024, § 1(Exh. A), 4-14-20)

Under no circumstances shall a license be issued for the operation of any poolroom unless located in a B-3 business and wholesale district or similar designation in a PUD or PDD, or a district having a less restrictive zoning classification, or in the downtown core (DC) and downtown fringe (DF) zoning classifications. Operation of two (2) or fewer pool tables as accessory to an otherwise permissible principal zoning use shall be presumed to be an accessory use and this section shall not apply thereto. No license shall be issued for any poolroom within five hundred (500) feet of any church, hospital, or building used exclusively for kindergarten through high school age children for educational purposes, other liquor establishment, if applicable, or any other poolroom, unless the place to be licensed hereunder has been established as a place where amusement devices are kept, used and maintained before the establishment of such church, hospital, school, other liquor establishment or other poolroom. Such distance shall be measured from the nearest point of the premises for which application for license hereunder has been made and the entrance of the church, hospital, school, other liquor establishment, or other poolroom building. The requirements of subsections (a) and (b) hereof shall not apply to not-for-profit or government sponsored youth centers with no casino entertainment devices.

(Ord. No. O96-105, § 1, 9-24-96; Ord. No. O98-78, § 2, 9-8-98)

It shall be unlawful for any person who has not reached the age of eighteen (18) years, unless accompanied by a parent or guardian, to be permitted to remain in a poolroom for any purpose. It shall be unlawful for any person to represent himself to have reached the age of eighteen (18) years in order to obtain admission to such pool room or to be permitted to remain therein, when such person is in fact under eighteen (18) years of age. However, this subsection shall not apply to any not-for-profit youth center with no casino entertainment devices. If a poolroom is also licensed as a liquor establishment under Chapter 6 of this Code, in accordance with section 8-126 hereof, the age requirements of said Chapter 6 shall prevail.

(Ord. No. O96-105, § 1, 9-24-96)

A poolroom license may otherwise additionally be issued for a premises principally operated as a liquor establishment upon the terms and fees provided by this article and by Chapter 6 of this Code. No liquor shall be allowed on premises licensed under this article unless also licensed under Chapter 6.

(Ord. No. O96-105, § 1, 9-24-96)

Each video gaming terminal license application for an initial license at a premises shall be submitted to the revenue and collections division and, at a minimum contain the following information: A set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the State printed on 11 x 14 paper. The plans shall show the dimensions of its site; and the design and layout for determination of occupancy, including, but not limited to, exiting, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas, and position of equipment and fixtures therein. The layout of any video gaming terminal licensed premises may not be substantially changed without submission of a new set of plans and approval by the local liquor commissioner. Proof of liability insurance on each video gaming terminal placed in a licensed video gaming location in an amount set by the state gaming board. The local liquor control commissioner shall have jurisdiction, subject to the jurisdiction of the state gaming board, to adopt rules for the purpose of administering the provisions of this article and to prescribe rules, regulations, and conditions under which all video gaming in the city shall be conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of video gaming, including rules and regulations regarding the inspection of such establishments and the review of any permits or licenses necessary to operate an establishment under any laws or regulation applicable to establishments and to impose penalties for violations of this article.

(Ord. No. O18-026, 3-13-18; Ord. No. O19-046, (Exh. A), 7-9-19; Ord. No. O20-024, § 1(Exh. A), 4-14-20)

Arcades and poolrooms licensed under this article, with the exception of those places holding liquor licenses or distributing amusement devices, shall be closed each night from 12:00 midnight until 8:00 a.m. the following morning.

(Ord. No. O96-105, § 1, 9-24-96)

For the purposes of this Article X, the following words and phrases shall have the following meanings: ALCOHOL — The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, including synthetic and ethyl alcohol, but not including denatured or wood alcohol.

ALCOHOLIC LIQUOR — Any alcohol, spirits, wine or beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this article shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress promulgated thereunder, nor to any beverage containing not more than 1/2 of 1% of alcohol by volume.

BEER — A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, malt, ale, stout, lager beer, porter, and the like.

CLUB — A corporation organized under the laws of the state, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, which shall have been in operation in the Village for one year prior to applying for a liquor license, kept, used, and maintained by its members, through the payment of annual dues, and owning, hiring, or leasing a building or space in a building, of an extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with suitable and adequate kitchen and dining room space and equipment for cooking, preparing, and serving food and meals for its members and their guests; provided that the club files with the Local Liquor Control Commissioner, at the time of its application for a license under this article, two copies of a list of names and residences of its members, and similarly files within 10 days of the election or acceptance of any additional member the name and address of the additional member; and further provided that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting, and that no member, or any officer, agent, or employee of the club is paid or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests, beyond the amount of any salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. The membership of a private tennis and racquetball facility may in some cases be, but is not necessarily, a club as defined in this article.

GROCERY STORE — Every building or other structure kept, used, maintained, advertised, and held out to the public to be a retail store that does not have an on-staff pharmacist and only sells food and other non-food items and which has b

A. President designated Local Liquor Control Commissioner. The Village President is hereby designated Local Liquor Control Commissioner in and for the Village of Bannockburn.

B. Duties. The Local Liquor Control Commissioner shall have the following duties:

(1) To administer the appropriate provisions of this article, of ordinances and resolutions relating to alcoholic liquor as may be enacted by the Board of Trustees, and of any other legislation as may become applicable within the Village with respect to the sale of alcoholic liquor.

(2) To issue or renew local liquor licenses in accordance with the provisions of this article.

(3) To deny any application for the issuance or renewal of a local license to an applicant that the Commissioner has determined to be ineligible therefor in accordance with the provisions of this article.

(4) To suspend for cause for not more than 30 days, or revoke for cause, any local license in accordance with the provisions of this article.

(5) To receive and act upon complaints from any citizen that any of the provisions of this article, or any rules or regulations adopted pursuant thereto, or any other applicable rules or regulations have been or are being violated and to act upon these complaints in the manner hereinafter provided.

(6) To receive local license fees and forward the same forthwith to the Village Treasurer for proper deposit and accounting in the general fund.

(7) To keep or cause to be kept a complete record of all licenses issued under this article, and to furnish the Village Clerk, Village Treasurer and Chief of Police each with a copy thereof; upon the issuance of any new license, or the revocation or suspension of any old license, the Local Liquor Control Commissioner shall give written notice of the action to each of these officers within 48 hours of the action.

(8) To report, whenever requested by the Board of Trustees, all of the acts taken to enforce this C. Other powers. The Local Liquor Control Commissioner shall have the following other specific powers:

(1) To appoint one or more persons to assist the Local Liquor Control Commissioner in the exercise of the Commissioner's powers and the performance of any duties as the Commissioner may deem necessary.

(2) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by statute, and to examine or cause to be examined the books and records of such applicant or licensee; to hear testimony and take proof of information in the performance of the Commissioner's duties, and for this purpose to issue subpoenas which shall be effective in any part of this state.

(3) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder, to determine whether any of the provisions of this article or any rules or regulations adopted by the Local Liquor Control Commissio

5-11-2020 by Ord. No. 2020-15; 10-14-2025 by Ord. No. 2025-21] A. Unlicensed sale prohibited; sale in violation of restrictions prohibited; wine and beer tasting.

(1) It shall be unlawful for any person not having a current, valid license, authorized and issued hereunder, to sell or offer for sale in the Village any alcoholic liquor.

(2) It shall be unlawful for any licensee to sell or offer for sale in the Village any alcoholic liquor except in the manner authorized by and in compliance with the terms and restrictions of a license issued hereunder.

(3) Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the Village, an alcoholic beverage with the intent of promoting the sale of an alcoholic beverage, except that the giving away by Class A-1 and Class A-2 licensees, without charge, of wine and/or beer in small and limited amounts for tasting purposes only, immediately prior and incidental to the sale of wine and/or beer in the original package for consumption off the premises, shall not be considered a violation of this section.

(a) Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, giveaways, however, shall be subject to the following conditions and limitations: [1] The wine and/or beer tasting shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license; [2] The actual amount of wine and/or beer tasted may not exceed one ounce; and [3] The sample shall be served in a container which shall be disposed of following the sampling.

(b) Furthermore, except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it is hereby declared unlawful to advertise the availability of a tasting or give-away through any public media or other means of communication other than advertisements on the licensed premises not visible from the exterior thereof.

B. Application for license.

(1) Application generally. Application for a license hereunder shall be made to the Local Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by one of the partners, if a partnership, or by the duly authorized agent thereof, if a club or corporation, verified by an oath or affidavit.

(2) Background information. Each application shall include the following background information:

(a) The name, age and address of the applicant; in the case of a partnership, also the persons entitled to share in the profits thereof; in the case of a corporation for profit, or a club, also the officers and directors, and persons controlling in the aggregate more than 5% of the voting shares of stock.

(b) The applicant's citizenship and place of birth, and if a naturalized citizen, the time an

10-10-2017 by Ord. No. 2017-31; 5-11-2020 by Ord. No. 2020-15; 10-14-2025 by Ord. No. 2025-21] There shall be the following classes of licenses and respective license fees; provided, however, that no license shall be issued in excess of the number, if any, specified in § 141-1009 for each class of license. A. Class A-1 licenses. Class A-1 licenses shall authorize the retail sale of alcoholic liquor, in the original package, only for consumption off the premises where sold, and not for consumption on the premises where sold. Class A-1 licenses may be issued only to an applicant which will use no more than 10% of its total merchandise display and sale space for the display and sale of beer and spirits, and no more than 40% of its total merchandise display and sale space for the display and sale of wine, and which will display and sell other merchandise from the remainder of such space. The annual fee for Class A-1 licenses shall be $1,750.

B. Class A-2 licenses. Class A-2 licenses shall authorize the retail sale of only beer or wine, in the original package, only for consumption off the premises where sold, and not for consumption on the premises where sold. Class A-2 licenses shall also authorize the holding of wine tasting sessions for a single admission fee on the licensed premises, provided that the license holder strictly complies with each of the following requirements. The annual fee for Class A-2 licenses shall be $750.

(1) No more than 12 sessions shall be held on the licensed premises in any one license year as defined by § 141-1012.

(2) No session shall be of a duration of more than three hours, and sessions shall be held only during the ordinary business hours of the licensed premises. Each session shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license.

(3) There shall be no advertising or publication visible or recognizable outside of the licensed premises relating to these sessions, except for the sending of personalized invitations through the mail. The license holder shall notify the Local Liquor Control Commissioner of the time and place of each session, or of any rescheduling of a session, at least 48 hours in advance of any session.

(4) No person shall consume more than two ounces of any one type of wine or more than 12 ounces of all types of wine during any session or on the premises during any one day. Attendance at any session shall not exceed 30 persons, excepting family members and employees of the license holder, and representatives of manufacturers or distributors.

(5) Each session shall comply in all other respects with the provisions of the Bannockburn Liquor Control Ordinance where applicable.

C. Class B-1 licenses. Class B-1 licenses shall authorize the retail sale of alcoholic liquors for consumption only on the premises where sold to members or guests of members by clubs, as define

The nonrefundable cost assessment of $250 must be submitted with any application for a license pursuant to this article. Additional cost assessments shall be paid within 14 days of billing. All fees for licenses issued under this article shall be paid to the Local Liquor Control Commissioner before the day on which the license applied for is to become effective. In the event the license applied for is denied, any fee submitted shall be returned to the applicant after costs incurred by the Village in excess of the $250 nonrefundable cost assessment have been deducted. The applicant shall remain liable for any costs in excess of the fee and cost assessment submitted. If the license is granted, then the fee and cost assessment shall be deposited in the general corporate purposes fund or in any other fund as shall have been designated by the President and Board of Trustees by motion, resolution, or ordinance.

It shall be unlawful for any licensee, where more than 5% of the licensee's gross income is derived from the sale of alcoholic beverages, or any officer, associate, representative, agent, or employee of the licensee to become liable for, pay, or make any contribution directly or indirectly toward the campaign fund or expenses of any political party, or candidate for public office, or for the nomination of any candidate for any public office. The Liquor Control Commissioner shall revoke the license of any licensee who is convicted of a violation of this section.

A license issued under this article shall be purely a personal privilege to expire on the last day of February next following the issuance thereof and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Licenses issued under this article shall not descend by the laws of testate or intestate devolution but shall, except as provided in § 141-1013A, cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent, or such insolvency or bankruptcy until the expiration of the license but no longer than six months after the death, bankruptcy, or insolvency of the licensee.

A. Any changes in a partnership, or in officers, directors, or persons holding directly or beneficially more than 5% of the stock of a corporation or ownership interest, or managers, of establishments licensed under this article shall be reported in writing to the Local Liquor Control Commissioner within 10 days of the change. All new personnel shall meet all the standards of this article and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the Local Liquor Control Commissioner.

B. When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, the license shall terminate. C. When a license has been issued to a corporation and a change takes place in the manager thereof, and the change results in management by one who is not eligible to hold a liquor license, the license shall terminate.

A. Sales restricted to authorized premises; change of location. A license shall permit the sale of alcoholic liquor only in or from the premises described in the application and license, and only in the manner therein authorized and in compliance with the terms thereof. The location may be changed only upon the issuance of a written permit to make the change, issued by the Local Liquor Control Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this state, this article, and other local ordinances.

B. Displaying license. Every licensee shall cause the licensee's current alcoholic beverage license to be framed and hung in plain view in a conspicuous place on the licensed premises.

C. Hours of business. [Amended 7-10-2017 by Ord. No. 2017-22; 10-10-2017 by Ord. No. 2017-31]

(1) Consumption on the premises. Except as provided in § 141-1005N for Class J licenses,

A. Violation determined by Commissioner. The Local Liquor Control Commissioner may suspend, for not more than 30 days, or revoke any license issued by the Commissioner if the Commissioner determines that there has been any violation of any state law pertaining to the sale of alcoholic liquor or any provision of this article, or any applicable rules or regulations established by the Local Liquor Control Commissioner, or the Illinois Liquor Control Commission, or for the failure to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale thereof. However, except as hereinafter provided, no license shall be revoked or suspended except after a public hearing by the Liquor Advisory Board, to commence not sooner than five days after written notice shall have been transmitted to the licensee at the licensed premises by United States mail, affording the licensee an opportunity to appear and defend. If the Local Liquor Control Commissioner has reason to believe that any continued operation of any particular licensed premises will threaten the welfare of the community, the Commissioner may, upon the issuance of a written order stating the reason for his or her conclusion and without notice or hearing but with the consent of not fewer than two members of the Liquor Advisory Board, order a licensed premises closed for not more than seven days pending a hearing on the suspension or revocation of the license therefor. The order shall contain notice of the date, time and place of the hearing thereon, which hearing shall commence not fewer than five days nor more than seven days from the date of service, personally or by certified United States mail, of the notice upon the licensee or the licensee's agent, or any employee thereof in charge of the licensed premises. The Liquor Advisory Board shall hold the hearing at the date, time, and place set forth in the notice, giving the licensee an opportunity to be heard, and shall make its advisory report and recommendation to the Local Liquor Control Commissioner not later than five days from the conclusion of the hearing. If the licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, the initial closing order shall not be applicable to the other business or businesses. Appeals shall be taken to the Illinois Liquor Control Commission and the Illinois Circuit Court in the manner provided by law.

B. Violation determined by court.

(1) Whenever any licensee shall be convicted in court of any violation of state law pertaining to the sale of alcoholic liquor, or any provision of this article, or any applicable rules or regulations established by the Local Liquor Control Commissioner or the State Commission, or any law or regulation pertaining to liquor license fees or taxes, the license of the licensee may, in the discretion of the Local Liquor Control Commissioner, be revoked. The revocation need not be preceded by notice or a hearing for such license

A. No person shall serve or drink any alcoholic liquor in any restaurant, dining room, lunchroom, or other place of public resort in the Village, other than one where the sale of alcoholic liquor for consumption on the premises is permitted under license and said service takes place during the hours and in the manner permitted by the license.

B. No person shall drink any alcoholic liquor in any public street, pathway, parkway, or parking lot in the Village.

C. No person shall consume or be in possession of any alcoholic liquor on any premises licensed under this article other than that alcoholic liquor sold and dispensed by the licensee. The licensee or his agent shall have the authority to order the immediate removal of any alcoholic liquor carried onto a licensed premises in violation of this section.

D. Consumption of alcoholic liquor shall be restricted to designated serving areas of the licensed premises, and may not be carried into or consumed in other areas, parking lots, or adjoining property.

A. Notwithstanding the general penalty provided for in Chapter 1, Article II, General Penalty, of the Village Code, in any case where there is a violation of any provision of this code for which no specific penalty is provided, the person violating this code shall be subject to a fine of not more than $750. B. Each day any violation of any provision of this code continues shall constitute a separate offense. C. Confinement for a term not exceeding six months in the county jail or other place of legal incarceration for each violation of any provision of this Code may be imposed when authorized by state statute.

D. The suspension or revocation of any license, permit, certificate, or other privilege imposed by the Village shall not be regarded as a penalty for the purposes of this code but shall be in addition thereto. E. This section shall not apply to Article VIII, Dogs, or Article X, Liquor, which articles contain specific penalty provisions.

LICENSING OF BUSINESSES AND OCCUPATIONS [HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn 10-28-1985 by Ord. No. 85-17. Amendments noted where applicable.] GENERAL REFERENCES Buildings and building regulations — See Ch. 109.

Taxation — See Ch. 210.

Liquor — See Ch. 141, Art.

X. Vehicles and traffic — See Ch. 232.

Solicitors — See Ch. 141, Art. XI.

Zoning — See Ch. 260.

A. No person shall maintain for the use of the public or patrons, or permit the use in or on any premises where the sale of alcoholic liquor at retail is permitted or in any store, restaurant, shopping place, theater, parking lot, or any other public place in the Village:

(1) Any mechanical pinball amusement device which is constructed so that the result of its operation depends upon chance, or upon the skill of the operator, or upon both; or

(2) Any mechanical device that, in its operation, shoots or propels an electric light, ray, or impulse to a target; or

(3) Any table bowling shuffleboard or other mechanical table game or amusement device involving the propulsion of spheres or other projectiles, mechanically or by hand; or

(4) Any coin-operated or coin-in-the-slot amusement device.

B. This section shall not apply to bona fide clubs licensed to sell alcoholic liquor to only members and their guests as provided by law.

A. Definitions. Notwithstanding any contrary definition in this article, the following definitions shall apply to the provisions of this § 141-704:

ALCOHOL — Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced.

ALCOHOLIC BEVERAGE — Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

CONVEYANCE — Any vehicle, trailer, or watercraft or container operated for the transportation of persons or property.

GATHERING — Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.

HOST — To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering. ILLICIT DRUGS — Any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that are in the possession of or used by someone other than the person to whom the drug was prescribed.

PARENT — Any person having legal custody of a juvenile as a natural, adoptive, or step-parent, as a legal guardian, as a person to whom legal custody has been given by order of the court, or any other person over 21 years of age who is in loco parentis of a minor.

PERSON — Any individual, firm, association, partnership, corporation, trust or any other legal entity.

PUBLIC PLACE — Includes, without limitation, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses, or parking lots.[Amended 5-22-2017 by Ord. No. 2017-12] REASONABLE STEPS — Controlling access to alcoholic beverages at a gathering, controlling the quantity of alcoholic beverages present at the gathering, verifying the age of persons attending the gathering by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering, supervising the activities of minors at the gathering, and calling for police assistance in the event underage persons are in possession of alcohol at the gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcohol at the owner's residence.

RELIGIOUS CEREMONY — The possession, consumption, and dispensation of alcohol or an alcoholic beverage for the purpose of conducting any bona fide rites or religious ceremony. RESIDENCE or PREMISES — Any home, yard, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whe

If the Village Manager determines that a hotel owner or operator has failed to deliver to the Village all hotel taxes due pursuant to this article, the Village Manager shall notify the hotel owner and operator of such determination in writing. Such notice shall also set forth a date on which the hotel owner or operator may contest such determination in an administrative hearing before a member of the Village Board of Trustees appointed by the Village President. If, after an administrative hearing, it is found that any hotel owner or operator has willfully evaded its responsibility to collect and pay to the Village the hotel tax, the Village may suspend or revoke any and all Village licenses issued to such hotel, including, without limitation, any business or liquor licenses. Any license suspension or revocation resulting from such hearing shall not relieve or discharge a hotel or its owner or operator from the civil liability for nonpayment of the hotel tax.

A. Notice of delinquency. If the Village Manager determines that a person required to pay the food and beverage tax has failed to pay to the Village all taxes due pursuant to this article, the Village Manager shall notify the person of that determination in writing. The notice shall also set forth a date on which the person may contest the determination in an administrative hearing before the Village Board of Trustees.

B. Suspension or revocation of license. If, after an administrative hearing, it is found that any person has willfully evaded its responsibility to collect and pay to the Village the food and beverage taxes due pursuant to this article, the Village Manager or Village President may, in addition to any other authorized actions, suspend or revoke any or all Village licenses issued to the person. Any license suspension or revocation resulting from the hearing shall not relieve or discharge the person of civil liability for the nonpayment of the food and beverage tax. The suspension or revocation of a liquor license shall be subject to the notice and hearing procedures set forth in the Village's liquor control regulations;56 provided, however, that a violation of this article shall be justification for a pre-hearing suspension of a liquor license.

56.  Editor's Note: See Ch. 141, General Offenses, Art. X, Liquor.

The uses listed in the following table may be permitted in the Specialty Retail District, but only if authorized by, and subject to the issuance of, a special use permit as provided in § 260-1162 of this code. See § 260-1151 of this code regarding use interpretations.

A. Retail trade.

(1) Paint, glass and wallpaper stores (523).

(2) Hardware stores (525).

(3) Grocery supermarkets (5411).

(4) Meat and seafood markets (5421).

(5) Candy, nut, and confectionery stores (544).

(6) Dairy products stores (545).

(7) Retail bakeries (546).

(8) Miscellaneous food stores, but not including egg or poultry dealers (5499).

(9) Apparel and accessory stores (56).

(10) Home furniture, furnishings, and equipment stores (57).

(11) Caterers (5812).

(12) Restaurants, but not including carry-out or drive-in establishments (5812).

(13) Cocktail lounges, but only when located within, and accessible only from the interior of, permitted restaurants or grocery supermarkets and intended primarily to serve the patrons of such restaurants or grocery supermarkets (5813).

(14) Drug stores and proprietary stores, which may include accessory drive-through facilities. (5912).

(15) Packaged wine stores (5921).

(16) Antique stores (5932).

(17) Miscellaneous shopping goods stores, but not including ammunition or firearms sales (594).

(18) Retail stores, not elsewhere classified, but not including auction rooms, fireworks sales, gravestone sales, sales barns, or tombstone sales (599).

(19) Automobile service stations, subject to the limitations of § 260-431B (5541).

(20) Carry-out and fast-food restaurants, which may include accessory drive-through facilities (5812).

(21) Catalog and mail order houses (5961).

B. Finance, insurance and real estate.

(1) Security and commodity brokers, dealers, and services (62), not including security and commodity exchanges (623).

(2) Insurance carriers (63).

(3) Insurance agents, brokers, and services (64).

(4) Real estate agents, brokers, and managers (6531).

(5) Real estate appraisers (6531).

(6) Real estate multiple-listing services (6531).

(7) Commercial banks (602) and savings institutions (603), including accessory drive-in and automatic teller facilities, but not including drive-in or automatic teller facilities as a principal use.

C. Services.

(1) Landscape architects (0781).

(2) Travel agencies (4724).

(3) Retail agents for laundries and dry cleaners (7212).

(4) Portrait photographers (7221).

(5) Beauty shops, but not including beauty culture or cosmetology schools (7231).

(6) Barber shops, but not including barber colleges (7241).

(7) Costume rental (7299).

(8) Tuxedo and formalwear rental (7299).

(9) Secretarial and court reporting services (7338).

(10) Interior decorating and designing studios (7389).

(11) Picture framing (7699).

(12) Health services (80), but not including freestanding emergency medical centers (8011), nursing and personal care facilities (805), hospitals (806), medical and dental

All fees, charges, deposits, and other amounts required to be paid to the village must be paid by cash or check made payable to the Village of Barrington, or by a credit accepted by the village, unless otherwise specified in this Code. Fees, charges, deposits, and other amounts payable to the village pursuant to the various provisions of this Code include, but are not limited to, the following. (The following list may not include each and every fee, deposit or other amount due and owing to the Village of Barrington pursuant to the provisions of this Code. Except as specifically provided in this Code, all fees, charges, deposits, and other amounts payable to the village shall be nonrefundable. Reference should always be made to the applicable Code section as cited below for a detailed description of the fee, charge, deposit, or other amount payable to the village and the related Code provisions.)

TITLE 1 , ADMINISTRATION

Petition for

Except as otherwise defined in this section, the words and phrases used in this chapter shall have the respective meanings ascribed to them in the Illinois Liquor Control Act, as amended from time to time, and the following terms as used in this chapter shall be construed according to the definitions given below:

Alcoholic liquor includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume. No license fee provided for in this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes; provided, that such wine shall be purchased from a licensed manufacturer or importing distributor under State law.

Beer means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.

Caterer means a person who serves alcoholic liquors for consumption, either on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service.

Prepared meals and alcoholic liquors are sold at a package price agreed upon under a catering contract.

Club means a corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors, kept, used, and maintained by its members, through the payment of annual dues, and owning or hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests; provided, that such club files with the village president at the time of its application for a license under this chapter, two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member of his name and address; and provided, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent, or employee of the club is paid, or directly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or its members or its g

A. The village president shall act as the local liquor control commissioner and shall keep or cause to be kept a record of all licenses issued by him pursuant to this chapter.

In the capacity of liquor control commissioner, the president shall have the following powers, functions, and duties with respect to licenses as provided in the Liquor Control Act, 235 Illinois Compiled Statutes 5/4-4: 1. To grant and/or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within the village; 2. To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or any rules or regulations adopted by the liquor control commissioner have been or are being violated, and at such time to examine said premises of said licenses in connection therewith; 3. To notify the secretary of state where a club incorporated under the General Not for Profit Corporation Act of 1986 1 or a foreign corporation functioning as a club in the State of Illinois under a certificate of authority issued under that act has violated the Liquor Control Act by selling or offering for sale at retail alcoholic liquors without a retailer's license; 4. To receive complaint from any citizen within the village that any of the provisions of this chapter, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided; 5. To receive local license fees and pay the same forthwith to the village; 6. To levy fines in accordance with section 7-5 of the Liquor Control Act, 235 Illinois Compiled Statutes 5/7-5; and 7. To have such other powers relating to liquor control as may be granted to him from time to time by this Code or by statute. (2003 Code)

State Law reference— 1 805 ILCS 105/101.01 et seq.

A license hereunder shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as provided in this chapter or pursuant to state law provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease if any material information contained in the application on file for the current license relative to the identity or qualification of the applicant is in any respect no longer accurate, or if the licensee is no longer a person or entity entitled to a license as specified in section 3-3-3 of this chapter. Each licensee shall have a continuing obligation to disclose any change or anticipated change in the information contained in the application for his current license by the filing from time to time of an amended application or applications as necessary for this purpose. Such license shall also cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, which such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such license. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this section; provided, however, that in no event shall the refund exceed an amount greater than 50 percent of the license fee paid by the licensee. (1973 Code § 3-12; amd. Ord. 97-2662, 5-27-1997; 2003 Code)

A. Any licensee may renew a liquor license currently held by said licensee at the expiration thereof; provided that said licensee has previously applied to the village for renewal thereof pursuant to subsection B of this section and that said licensee is then qualified to be reissued such a license, and the premises for which such renewed license is sought are suitable for the purpose of said license and meet any requirements for such license pursuant to the provisions of this Code; provided, further, that the renewal of any liquor license is a privilege herein provided for and is not and shall not be construed as a vested right of any licensee and shall not prohibit the village board from decreasing the number of liquor licenses which may be issued by the village.

B. Each licensee seeking renewal of a liquor license shall, at least 30 days prior to the time of each such renewal (i.e., on or before April 1 preceding a new license year), submit to the village an application for renewal thereof as provided for in this chapter, except such licensee shall not be required to be refingerprinted. At the discretion of the village president, a short form of renewal application may be utilized for this purpose. In the event an applicant fails to submit to the village a completed renewal application at least 30 days prior to the time of such renewal (i.e., on or before April 1 preceding a new license year), the applicant shall also pay to the village a nonrefundable late renewal application fee as provided from time to time in section 1-14-1 of this Code, in addition to paying to the village the respective annual liquor license fee and the nonrefundable fee for the liquor license renewal. However, the payment of such nonrefundable late renewal application fee or the other applicable fees shall not guarantee the approval of renewal of such liquor license prior to the beginning of the new license year. In the event that the applicant is delinquent in any payment owed to the village or in the event any check tendered by the applicant to the village in the past two years has been dishonored, the village treasurer shall have the discretion to require that renewal license fees be paid in the form of a cashier's check, certified check or money order.

(Ord. 12-3704, 8-20-2012)

A. Sales within enclosed building; change of location. A holder of an on premises liquor license issued pursuant to this chapter shall be authorized to sell alcoholic liquor only on the premises specified in the application, in the license, and in this chapter, and only within an enclosed building unless the village grants permission for sale on the said premises outside such enclosed building pursuant to the terms of the applicable liquor license issued pursuant to this chapter and such other approvals and permits as required by this Code. Such location may be changed only upon written permission to make such change issued by the village president and only after section 3-3-8 of this chapter is amended to specify the new location. In addition, no change of location shall be permitted unless the proposed new location is a proper one for the sale of alcoholic liquor under the laws of the state of Illinois and all applicable ordinances of the village and the Illinois Liquor Control Act of 1934.

B. Proximity to certain uses. No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for the aged or indigent persons, or for veterans, their spouses or children, or any military or naval station; but this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where the village's liquor control commissioner finds that the sale of alcoholic beverages is not the principal business carried on or to be carried on at such location.

C. Visibility of interior; lighting. No premises upon which the sale of alcoholic liquor for consumption on the premises is licensed shall be permitted to have at any time any screen, blind, curtain, partition, article or thing inside of such premises which shall obstruct, obscure and/or prevent a clear view of the entire interior of each room of such premises from any entrance to such room; and no booth, screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall at any time obstruct, obscure and/or prevent a clear view of the entire interior of each room from any entrance to such room. All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible from any entrance to such room. In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee or wilfully permitted by the licensee to be obscured or in any manner obstructed, then such licensee shall be subject to revocation of his license in the manner herein provided. In order to enforce the provisions of this section, the village president shall have the right

A. It shall be unlawful to sell and/or serve any alcoholic liquor in the village under any village liquor license at any time other than the time between the permitted commencement times and the mandatory closing times for designated days of the week set forth as follows:

Notwithstanding the foregoing time regulations set forth in this subsection to the contrary: 1. On New Year's Eve the mandatory closing time shall be 3:00 a.m. (i.e., on the morning of New Year's Day); 2. On the Wednesday before Thanksgiving, the mandatory closing time shall be 2:00 a.m. (i.e., on the morning of Thanksgiving Day); and 3. The time regulations for any class 7 license shall be specifically set by the liquor commissioner as part of the written conditions of such class 7 license.

B. Notwithstanding anything provided in this chapter to the contrary, the village president, acting as the local liquor control commissioner, may in his or her sole discretion, extend any mandatory closing time otherwise applicable to one or more particular classes of licenses by this Code for a specific day or days during the general time period of celebration of a particular holiday or during the general time period of a special event within the village when the village president determines that such an extension of mandatory closing time(s) shall be appropriate, considering both the economic interests of the affected licensee(s) and the public health and safety. Such extension by the local liquor control commissioner shall be accomplished by a written order executed by the local liquor control commissioner, and such written order may be communicated by such means as may be reasonably expected to reach affected licensee(s).

(Ord. 16-3908, 11-28-2016, eff. 5-1-2017; Ord. No. 2023-4242, § 2, 1-23-2023)

A. Definitions. For purposes of this section, the following definitions shall be applicable:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Conveyance means any vehicle, trailer, watercraft, or container operated for the transportation of persons or property.

Event or gathering means any group of two or more persons who have assembled or gathered together for a social occasion or other activity.

Host means to aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering.

Illicit drugs means any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that are in the possession of or used by someone other than the person to whom the drug was prescribed.

Parent means any person having legal custody of a juvenile: 1. As a natural, adoptive parent, or stepparent; 2. As a legal guardian; or 3. As a person to whom legal custody has been given by order of the court.

Person means any individual, firm, association, partnership, corporation, trust or any other legal entity.

Premises means any residence, dwelling, garage, shed, or other accessory building or structure, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, or any conveyance, whether owned, leased, rented, or used with or without permission or compensation.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots.

Reasonable steps means controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting driver's licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 years of age are in possession of alcohol at the event or gathering.

Religious ceremony means the possessio

A. Unauthorized consumption on premises. 1. It shall be unlawful for anyone not having a license providing for consumption on the premises where sold to offer for sale or sell any alcoholic liquor for consumption on the premises or to permit the same to be consumed on the premises where sold, except for product sampling conducted in compliance with subsection F of this section. 2. Except as otherwise provided in subsection 3-3-7A of this chapter, it shall be unlawful to consume or allow the consumption of alcoholic liquor on any premises licensed under this chapter, unless the alcoholic liquor was purchased or served on the premises out of the inventory of the holder of a valid and current license issued by the village for the sale of alcoholic liquor for such premises.

B. Bringing liquor onto premises. Except as otherwise provided in subsection 3-3-7A of this chapter and for the delivery of inventory of alcoholic liquor purchased by a licensee under this chapter for consumption on its licensed premises, at no time shall any person bring or be permitted by the licensee to bring any other alcoholic liquor onto the premises of any premises licensed under this chapter for consumption on said premises.

C. Peddling liquor. It shall be unlawful to peddle alcoholic liquor in the village.

D. Sales to certain persons. It shall be unlawful for any holder of a liquor license issued pursuant to this chapter or any employee or agent of such licensee to sell, deliver or give any alcoholic liquor to any intoxicated persons or to any persons under the age of 21 years, provided, however, nothing contained in this section or in this chapter shall prohibit or shall be construed to prohibit the temporary possession of alcoholic liquor by an employee of a licensee authorized by its license to sell and serve alcoholic liquor for consumption on the premises under this chapter if such employee is at least 18 years of age but less than 21 years of age, and if such employee meets the employee training and supervision requirements of section 3-3-19 of this chapter, and is lawfully serving alcoholic liquor at tables in the course of his or her employment.

E. Giving away of alcoholic liquor. 1. No licensee, individual, partnership, or corporation shall give away any alcoholic liquor for commercial purposes or in connection with the sale of nonalcoholic products or to promote the sale of nonalcoholic products. 2. No licensee, individual, partnership, or corporation shall advertise or promote in any way, whether on or off licensed premises, any of the practices prohibited in subsection E1 of this section. This includes, but is not limited to, advertisements using the words "free" or "complimentary" with alcoholic liquor. 3. Subsection E1 of this section shall not apply to product sampling as provided by subsection F of this section or to an event authorized by a Class 7 license.

F. Product sampling. Product sampling shall be conducted in a manner which is in compliance wi

A. Schedule of drink charges required. All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multiuse establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multiuse establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.

B. Prohibitions. No retail licensee or employee or agent of such licensee shall: 1. Sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor; 2. Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price except at private functions not open to the general public, or except as permitted by the Illinois Liquor Control Act 1 ; 3. Increase the volume of alcoholic liquor contained in a drink or the size of a drink of alcoholic liquor without increasing proportionately the price regularly charged for the drink on that day; 4. Encourage or permit on the licensed premises any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or 5. Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections B1 through B4 of this section.

C. Exemptions. Nothing in subsection B of this section shall be construed to prohibit a licensee from: 1. Offering free food or entertainment at any time; 2. Including drinks of alcoholic liquor as part of a meal package; 3. Sell or offer for sale a party package only if the retail licensee: a) offers food in the dedicated event space; b) limits the party package to no more than three hours, c) distributes wristbands, lanyards, shirts, or any other such wearable items to identify party package attendees so the attendees may be granted access to the dedicated event space, and d) excludes individuals not participating in the party package from the dedicated event space; 4. Including drinks of alcoholic liquor as part of a hotel package; 5. Negotiating drinks of alcoholic liquor as part of a hotel package; 6. Providing room service to persons renting rooms at a hotel; 7. Selling pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes or bottles of alcoholic liquor which are customarily sold in such manner or selling bottles of spirits; or 8. Increasing the prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled. 9. Discounting any drink of alcoholic liquor during a specified time period only if:

a. The price of the drink of alcoholic liquor is not chan

A. Scope of provisions. 1. Any original and any renewal application for any class of license (other than a Class 4 license) shall be accompanied with proof of completion of a state certified beverage alcohol sellers and servers education and training program (BASSET), for all persons who serve or sell alcoholic beverages pursuant to such license. 2. Any new employees and/or new manager of a licensee of any class of license issued pursuant to this chapter (other than a Class 4 license) shall, within 90 days from the beginning of their employment with that licensee, complete the BASSET Program, and shall, until completion of the BASSET program, work under the supervision of a person who has completed the BASSET program. Any employee of a licensee of any class of license issued pursuant to this chapter (other than a Class 4 license) who is less than 21 years of age shall complete the BASSET Program prior to beginning or continuing their employment and shall always work under the supervision of another employee who has completed the BASSET program and is at least 21 years of age.

B. Certificates on file. A legible photocopy of the certificate of completion of the BASSET program must be filed with the village clerk and maintained in the manager's office on the licensed premises of any class of license issued pursuant to this chapter (other than a Class 4 license).

C. Sales and/or serving without training prohibited. It shall be unlawful to sell and/or serve or to permit any other person to sell or serve alcoholic beverages pursuant to a liquor license authorized by this chapter unless the person(s) selling and/or serving have each completed the BASSET Program as required by this section.

D. Other training programs. Notwithstanding any provisions of this Code to the contrary, any reference to the BASSET Program or to the BASSET training program in this Code shall also mean and include any similar training program which has been approved in writing as an equivalent program in advance by the village liquor control commissioner and by the chief of police.

E. Training required. Any alcoholic liquor poured, served, and/or sold for consumption pursuant to a liquor license authorized by this chapter shall be poured, served, and/or sold only by a person who has successfully completed a state certified beverage alcohol sellers and servers education and training ("BASSET") program as specified in this section.

(Ord. 05-3248, 6-27-2005; Ord. 16-3892, 6-13-2016; Ord. 16-3892, 6-13-2016; Ord. 17-3937, 3-20-2017)

It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer's license or in violation of the terms of such license. (1973 Code § 3-2)

The village president, acting as the local liquor control commissioner, may suspend for a period of time as may be designated by said local liquor control commissioner, or revoke subject to the limitations provided below, any liquor license issued by the village for any violation of any provision of this chapter, for any violation of any other provisions of this Code, for any violation of any other village ordinance, occurring on or with respect to the licensed premises, or for any violation of any state law pertaining to the sale of alcoholic liquor, and/or for any other violation of state or federal law, occurring on or related to the licensed premises, whether such violations are committed by a licensee or by any employee or agent of the licensee, or in the event that the licensee ceases doing business at the licensed premises or place of business identified in the application. Revocation or suspension of a liquor license issued by the village may be in addition to any fine imposed. The village president, acting as the local liquor control commissioner, shall also be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license for a period not to exceed 15 days.

A. Hearing. Within ten days after the village president has so acted, the village president shall call a hearing for the purpose of determining whether or not the license should be suspended or revoked.

B. Notice of hearing. Notice of hearing for suspension or revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the licensee by certified mail at his last known address or personally served at least ten days prior to the date of the hearing.

C. Hearing procedures. At the hearing, the licensee shall be permitted to be represented by counsel and shall have the right to submit evidence and cross examine witnesses. The village president, acting as the local liquor control commissioner, shall preside and shall render the decision.

D. Causes for revocation. Liquor licenses issued by the village pursuant to this chapter may be suspended or revoked by the village president, acting as the local liquor control commissioner, after notice and hearing as provided in subsections B and C of this section for any of the following causes: 1. Any fraud, misrepresentation or false statement contained in the application for the license. 2. Any violation by the licensee, or by any employee(s) or agent(s) of the licensee, of any village ordinance provisions or state law relating to the license, the subject matter of the license, or the licensed premises, and any activities thereon. 3. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude. 4. Failure of the licensee to pay any fine or penalty owing to the village. 5. Refusal to permit an inspection or investigation or any interference with a d

No licenses required by this chapter shall be issued to:

A. A person who is not a resident of the village.

B. A person who is not of good character and reputation in the community in which he resides.

C. A person who is not a citizen of the United States.

D. A person who has been convicted of a felony under any federal or state law, unless the village president 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 commission's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.

E. A person who has been convicted of being the keeper of or is keeping a house of ill fame.

F. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.

G. A person whose license issued under this chapter and/or the State Act has been revoked for cause.

H. 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.

I. A partnership, if any general or limited partner thereof owning more than five percent of the aggregate interest in such partnership would not be eligible to receive a license hereunder.

J. A corporation, or limited liability company ("LLC"), if any officer, manager, director, or member thereof, or any stockholder or stockholders owning in the aggregate five percent of the stock of such corporation, or more than five percent of such LLC, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the village. Notwithstanding anything contained in this chapter to the contrary, if the stock of the applicant corporation is traded on a nationally recognized securities market, the village may elect to forego the background check(s) and fingerprinting of the officers, directors, and stockholders owning more than five percent of the stock of such corporation, or more than five percent of such LLC, if the manager of the proposed licensee and the premises to be licensed would otherwise qualify for a license issued pursuant to this chapter.

K. A corporation or an LLC, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Illinois Business Corporate Act 1 to transact business in Illinois.

L. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.

M. A person who has been convicted of a violation of any state or federal law concerning the manufacture, possession or sale of alcoholic liquor or who shall have forfeited his bond to appear in court to answer to charges for such violation.

N. 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 issued.

O. Any law enfor

The following classifications of licenses may be issued if and when authorized by this chapter or by an amendment thereto:

A. Class 1 licenses. 1. Class 1-A license. A Class 1-A license allows the sale of alcoholic liquor for consumption only on the licensed premises where sold, except as otherwise permitted by section 6-33 of the Illinois Liquor Control Act of 1934. Notwithstanding anything contained in this chapter to the contrary:

a. If the holder of a Class 1-A license is a golf club, the sale and serving of alcoholic beverages on the golf course of such club from one or more drink carts by person(s) at least 21 years of age with BASSET training as required by this chapter shall also be authorized by such Class 1-A license.

b. A Class 1-A license also allows the sale of alcoholic liquor for consumption off the premises if such sales are provided by the licensee acting as a caterer and are limited to invited guests at catered functions or at an event which receives a special event license from the village, but a separate state-issued caterer license shall also be required.

c. A Class 1-A license also allows within the area specifically designated in the Class 1-A license as the premises, the immediate consumption of table wine that was not purchased on the premises, subject to the following conditions, but only during the times when alcoholic liquor may be served and consumed pursuant to the terms and limitations of a Class 1-A license and on the condition that a BASSET qualified person shall open the customer's table wine, shall provide the initial service of the contents thereof and at the conclusion of the meal if there is any wine remaining, shall at the direction of the customer, either properly dispose of the leftover contents of the bottle(s) or cap the bottle(s) and return the leftover contents to the customer who shall transport same only as permitted by law.

d. A licensee holding a village Class 1-A license may also, with the prior written approval of the local liquor commissioner, utilize a state special use permit license to transfer a portion of its alcoholic liquor inventory from its licensed premises to the location of a special event approved by the village and sell and serve alcoholic liquor on such special event premises for consumption at and as part of such special event on the condition that such licensee secures a special use permit license specifically issued by the Illinois Liquor Control Commission for such special event.

e. A Class 1-A license also allows the sale of alcoholic liquor by a licensee for consumption on the premises (except as otherwise permitted by section 6-33 of the Illinois Liquor Control Act of 1934), on that portion of the licensed premises where the customers are seated other than within a wholly-enclosed building (herein sometimes referred to as the "outdoor cafe" or an "outdoor private use area", or sometimes collectively as an "outdoor premises"), subject to timely and continued compliance

A. There shall be issued in the village not more than 23 Class 1-A Licenses, six Class 1-B Licenses, 13 Class 2-A Licenses, six Class 2-B Licenses, no Class 3 Licenses, no Class 4 Licenses, one Class 5 License, one Class 6 License, no Class 7 Licenses, and one Class 8 License, as set forth below:

A. Manager and licensed massage therapist on premises. At all times during the hours of operation of a massage establishment, there shall be present a manager or other employee of the licensee, and a licensed massage therapist, each of whom shall not be less than 18 years of age. A licensed massage therapist may also serve as a manager.

B. Hours of operation. No massage establishment shall be open for business or in operation between the hours of 9:00 p.m. and 7:00 a.m.

C. Name and place of business. No person granted a license hereunder shall operate the massage establishment under a name not specified in the license, nor shall the business be conducted under any different designation or at any location not specified in the massage establishment license.

D. Liquor prohibited. No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment, and no massage establishment shall be located on any premises for which a license to sell alcoholic liquor has been issued.

(Ord. 05-3213, 2-14-2005)

A. A license to operate an outdoor cafe and/or other outdoor area may only be issued for the period and to a person: 1. Who has a current, valid liquor license and/or a current, valid permit to operate a food establishment that also has a valid permit, license and/or certificate issued by the health official to operate a food establishment; or 2. For an outdoor area for another retail or service use, all as provided in this title.

B. A license to operate any outdoor area, other than an outdoor cafe, shall be and is a temporary license issued only for a specific period of time and, in any event, for a term not in excess of 12 consecutive months, and shall allow only a specific person to operate an outdoor area on public property.

(Ord. 12-3693, 6-25-2012; amd. Ord. 2020-4102, 5-28-2020; Ord. No. 2024-4394, § 4, 4-22-2024)

A. Regulations applicable to all outdoor cafes and/or other outdoor areas. Every outdoor cafe and/or other outdoor area, whether located on public or private property, shall comply with each of the following regulations: 1. The licensed area of an outdoor café on public property and any outdoor café on private property shall fully comply with all applicable ingress and egress regulations and all other ordinances and regulations of the village and the state. 2. Except as otherwise provided in this Village Code, no access shall be obstructed to any parking area which is required to be maintained in connection with the conduct and operation of such an outdoor cafe or outdoor area. 3. The licensed area must be designated by physical barriers consisting of or distinguished by natural materials, a rope barrier with stanchions or other appropriate facilities, which physical barriers shall be subject to the prior written approval of the village manager, or of his or her designee. 4. The tables, and chairs, and other equipment and/or personal property used in the licensed area shall be placed on paved surfaces and constructed of durable materials that can withstand inclement weather including high winds. 5. If tents or similar structure(s) are used in the licensed area, the same shall be placed in locations within the licensed area in such a manner that clear, safe and unobstructed site distances shall be maintained for all vehicular and pedestrian traffic on all adjacent and/or abutting public property. 6. No alcoholic beverages shall be sold, dispensed, consumed or otherwise served in any manner on the licensed area, unless otherwise authorized pursuant to and in compliance with this Village Code. 7. All trash and debris must be removed from time to time and at the end of each day so that at all times the licensed area and all adjacent land is maintained in a safe, neat, clean, orderly and sanitary condition. If a licensee or a private property owner does not perform the above-described maintenance of the licensed area and all adjacent land in a timely manner, the village is authorized to remove or cause to be removed any trash, debris or other property which is not removed by the licensee or private property owner in a timely manner from the licensed area as and when the same is required by this paragraph, and the licensee shall be charged for and shall pay for all of the cost of such removal incurred by the village. 8. The operation of the outdoor café shall at all times comply with any and all current public health and safety guidelines and/or regulations as may be issued from time to time by the Illinois Department of Public Health, the Center for Disease Control, the applicable county health department, and any other state or federal agency or jurisdiction.

B. Additional regulations for public outdoor cafes and other outdoor areas located on public property. In addition to the regulations set forth in this article, every outdoor cafe or other outd

For purposes of this chapter, the following terms shall have the meanings ascribed to them in this chapter unless different meanings are plainly indicated by the context:

Act means the "Smoke-Free Illinois Act", 410 Illinois Compiled Statutes 82/1, et seq.

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

Business means any sole proprietorship, partnership, joint venture, corporation, association, limited liability partnership, limited liability company, or other business entity, whether formed for profit or non-profit purposes. "Business" includes a "club" as defined in this section.

Department means the Illinois Department of Public Health.

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.

Employer means a person, business, partnership, association, or corporation, including a Municipal corporation, trust, or non- profit entity, that employs the services of one or more individual persons.

Enclosed area means all space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors. For the purposes of this chapter, an "enclosed area" shall also include any open air dining area, and the area within or under any tent, canopy, trailer, and/or any other partially-enclosed or partially-covered permanent or temporary structure.

Enclosed or partially enclosed sports arena means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

Gaming equipment or supplies means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

Gaming facility means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically i

A. Vehicles. No person, other than authorized personnel, shall bring or use any motorized vehicle, including, but not limited to, any automobile, truck, recreational vehicle, snowmobile, motorcycle, motor scooter, motorized bicycle, go-cart, golf cart or lawn mower, upon any portion of any village property except in designated parking areas. This subsection shall not apply to public highways, streets and alleys which are regulated by other provisions of this Code.

B. Tents and trailers. No person shall use on any village property any tent, camp trailer, mobile home, the like or any other temporary dwelling, residence or structure except pursuant to a permit therefor issued by the corporate authorities of the village.

C. Alcoholic liquor. 1. No person shall bring onto or within, sell, give away or drink any alcoholic liquors on any village property, except:

a. Alcoholic liquor may be transported on public highways, streets and alleys but only in the original package and with the seal unbroken;

b. Pursuant to a current and valid Class 6 liquor license;

c. Pursuant to both a temporary license approved by the board of trustees authorizing the use of specified locations on village property for a special event, issued pursuant to this Village Code, and a Class 7 license issued pursuant to section 3-3-7 of this Village Code as determined by the Village of Barrington Local Liquor Control Commissioner; or

d. Pursuant to a current and valid temporary license for an outdoor cafe or other outdoor area as may be authorized by article 6(D), "Outdoor Cafes and Other Outdoor Areas", of title 3, "Business License Regulations", of this Village Code. 2. A temporary license for the use of specified locations on village property for the purpose of the temporary sale, delivery, serving, and/or consumption of alcoholic liquors may be authorized by: (a) in the sole discretion of and with the specific approval of the corporate authorities of the village, by the approval and issuance of a Class 7 license to an organization and for an event qualifying for such a Class 7 license pursuant to section 3-3-7 of this Village Code, or (b) pursuant to a current and valid license for an outdoor cafe or for an outdoor area authorized by article 6(D), "Outdoor Cafes and Other Outdoor Areas", of title 3, "Business License Regulations", of this Village Code, provided all of the following conditions have been met:

a. The written application for such a license shall state the time period for which the license shall be applicable and shall state the specific location(s) on village property where such activity will take place.

b. The applicant shall have qualified for and shall have obtained a current, valid Class 7 license pursuant to section 3-3-7 of this Code as determined by the local liquor control commissioner.

c. Each person applying for such a temporary license for the use of village property pursuant to this section shall be required to execute an "Agreement for the use o

A. All application fees for a permit, or any other required permit(s) for such event, are nonrefundable. Once an event has commenced, and regardless of whether said permit has been suspended or revoked, all permit and/or license fees paid for such event are nonrefundable, and the applicant, the permittee, the event manager, and the sponsoring organization, if any, are and shall be obligated to reimburse the village for all costs incurred by the village for provision of any special village services therefor.

Permit fees and/or license fees shall be those amounts established by the corporate authorities from time to time in this Code.

B. The fee for a permit pursuant to this chapter shall be as provided from time to time in section 1-14-1 of this Code.

C. Other applicable fees which may be applicable to any event include, but shall not be limited to, the following: 1. Estimated special village services. 2. Sound amplification. 3. Raffle. 4. Temporary tents (structures). 5. Temporary signs. 6. Gazebo banner. 7. Liquor license.

Such fees shall be in such amount(s) as provided by the corporate authorities in this Code or by other ordinance or resolution from time to time.

D. No permit shall be issued pursuant to this chapter until and unless all required permit and license fees and required deposits have been paid or waived.

E. Permit fees, including, but not limited to, those related to sound amplification, raffle(s), tent(s), sign(s), banner(s), and liquor license(s), etc., shall not be waived unless specifically authorized in writing by the corporate authorities and/or unless such authority to waive any fees is granted by the corporate authorities to the village manager.

(Ord. 09-3565, 12-14-2009)

Any application for a parade, public assembly, or special event permit filed with the village manager shall contain, include, or be accompanied by the following information: A. The name, address and phone number of the person signing the application, the proposed permittee, and the applicant's event manager. However, in the event the proposed permittee is: 1. A partnership. The names, addresses, dates of birth, and driver's license numbers of those entitled to share in the profits of such event; or 2. A corporation.

a. The state and date of incorporation, and if incorporated in a state other than the state of Illinois, the date such corporation qualified under the Illinois business corporations act to transact business in Illinois; and

b. The names, addresses, dates of birth, and driver's license numbers of all officers and directors. 3. For all other applicants, the name, residence address, driver's license number, date of birth, and telephone number of an authorized and responsible agent of the permittee who shall be designated by the permittee as the event manager.

B. If the parade, public assembly, special event, or similar activity is proposed to be conducted for, on behalf of, or by an organization, the application shall contain the name, address and phone number of the authorized and responsible leaders of the organization conducting the parade, public assembly, special event, or other similar activity, and the name, address and telephone number of the headquarters of the organization and the names, addresses and telephone numbers of any state, regional, and national organizations with which the applicant organization is affiliated.

C. A description of the event that will be conducted.

D. The dates, times, and location of the event, including, but not limited to, the hours that the event will commence and terminate, the location of the assembly area, the time when the participants will begin to assemble, and/or the times necessary for any assembly and/or dismantling of any support structures.

E. The estimated number of people who will be in attendance at the event.

F. A statement as to whether food and/or alcoholic beverages will be sold or available during the event. If food and/or alcoholic beverages are proposed to be sold or available during the event, the permittee shall be responsible to obtain the respective necessary permit(s), license(s), and/or approval(s) from the village, from the applicable county health department, and/or such other applicable agencies for the sale of same and provide to the village a copy of said permit(s) and/or approval(s).

G. The route to be traveled, if any, including the starting point and the termination point, if any.

H. The approximate number of persons, animals and vehicles expected to participate in the parade, public assembly, special event, or similar activity.

I. A statement as to whether the parade, public assembly, special event, or similar activity will occupy all or only a portion

A. Assignment of village liaison; analysis of application. The village manager will assign to each event a village liaison who will assist the applicant throughout the application process and will be the primary contact. Upon receipt of an application for a permit pursuant to this chapter, the village manager shall forward the application to the village liaison he or she specifically selects for such event. Each applicant will be required to identify, as the applicant's primary contact, an event manager to coordinate the application process and implementation of the event. The event manager will be notified by the village liaison if the event requires additional permits such as, but not limited to: a tent permit, temporary food permit, electrical permit, or liquor license permit, all of which must be obtained before an event permit will be issued. In turn, the village liaison shall forward copies of the application(s) to the chief of police, fire chief, director of communications and community engagement, director of development services, the director of public works, and/or any other departments of the village which may be affected by the event.

Following review by each department of the application(s), the village liaison shall coordinate the comments and recommendations from the various departments and submit such information and make recommendations to the village manager. Each village department shall analyze the application in light of: 1. Accompanying license applications. All proposed permittee and related vendors license applications accompanying the application for permit, which applications and licensing regulations shall comply in all respects with the regulations contained in this Code, unless specifically approved by the corporate authorities. 2. Retail sales tax number. Each vendor must submit proof of a valid retail sales tax number issued by the state of Illinois, or otherwise provide evidence of compliance with the Illinois retailer's occupation tax act, if applicable. 3. Food vendor's permit. Food vendors must submit proof of a valid permit issued by the applicable county health department. 4. Liquor license applications. The proposed permittee and proposed liquor vendors, if any, must submit liquor license application(s) complying with all of the requirements of this Code. 5. Tax exempt letter (not applicable to a residential neighborhood block party). If the permittee or sponsoring organization is a not for profit organization, a copy of the tax exempt letter for the organization must be provided.

B. List of permit requirements and additional applications. The village liaison shall supply the event manager with a list of permit requirements and additional permit applications, if applicable.

C. Recommendations. After receipt and consideration of the recommendations from all other department heads, the village liaison shall make a recommendation to the village manager who shall consider said recommendations and shall distrib

(A)   Definitions: For the purposes of this section, the following definitions shall apply:

AUTHORIZED OBLIGATION: Any fee, charge or cost imposed by, owing to or collected by or on behalf of the Village, such items as: building permits, re-inspection fees, over weight permits, vehicle escort fee, extra details, document copy fees, accident report copy fees, raffle licenses, liquor licenses, target shooting permits, veterinary fees, surplus property sales. The list set forth herein is for purposes of example, and is not meant to be exhaustive or exclusive.

CREDIT CARD: An instrument or device, whether known as a credit card, bankcard, charge card, debit card, authorized teller machine card, secured credit card, smart card, electronic purse, prepaid card, affinity card, issued with or without fee by an issuer for the use of the holder to obtain credit, money, goods, services or anything else of value.

(B)   Acceptance Of Credit Cards: Credit cards will be accepted under the following conditions:

1.   The Village is authorized, but not required, to accept the payment of funds for any authorized obligation by credit card.

(C)   Fees:

1.   As set forth herein, the Village may, but is not required to, impose a convenience fee or surcharge upon a cardholder making payment by credit card in an amount to wholly or partially offset, but in no event exceed, the amount of any discount or processing fee incurred by the Village. Such convenience fee or surcharge may be applied only when allowed under the operating rules and regulations of the credit card involved, or as applied by the service provider, such as Illinois e-pay and Oxcart. Such fees are not remitted in any part to the Village. When a cardholder elects to make a payment by credit card and a convenience fee or surcharge is imposed, the payment of the convenience fee for surcharge shall be deemed voluntary by the cardholder and shall not be refundable.

2.   No fee, or accumulation of fees, that exceeds the lesser of twenty dollars ($20.00) or five percent (5%) of the principal amount charged may be imposed in connection with the issuance of any license, sticker, or permit, or with respect to any other similar transaction. No fee, or accumulation of fees, that exceeds the lesser of twenty dollars ($20.00) or five percent (5%) of the transaction involved may be imposed in connection with the payment of any fine. No fee, or accumulation of fees, in excess of the lesser of forty dollars ($40.00) or three percent (3%) of the principal amount charged may be imposed in connection with the payment of any tax.

3.   Notwithstanding the provisions of subsection (C)2 of this section: a) a minimum fee of one dollar ($1.00) may be imposed with respect to any transaction, b) a fee may be imposed if the: 1) fee is no greater than the fee charged by the financial institution or service provider accepting and processing credit card payments on behalf of the Village, 2) the financial institution or service pr

(A)   President Designated Liquor Control Commissioner. The Village President is hereby designated the Liquor Control Commissioner in and for the Village of Barrington Hills.

(B)   Duties. The Liquor Control Commissioner shall have the following duties:

1.   To administer such ordinances and resolutions relating to alcoholic liquor as may be enacted by the Board of Trustees, and of such other legislation as may become applicable within the Village with respect to the sale of alcoholic liquor.

2.   To issue or renew liquor licenses in accordance with the provisions of this Ordinance.

3.   To deny any application for the issuance or renewal of a liquor license he has determined to be ineligible therefor in accordance with the provisions of this Chapter.

4.   To suspend for cause for not more than thirty (30) days, or revoke for cause, any liquor license previously granted by the Village in accordance with the provisions of this Chapter.

5.   To receive and act upon complaints from any citizen that any of the provisions of this Chapter, or any rules or regulations adopted pursuant thereto, or any other applicable rules or regulations have been or are being violated and to act upon such complaints in the manner hereinafter provided.

6.   To receive local license fees and forward the same forthwith to the Village Treasurer for proper deposit and accounting.

7.   To keep or cause to be kept a complete record of all licenses issued under this Chapter and to furnish the Village Clerk, Village Treasurer and Chief of Police each with a copy thereof.

8.   To report, whenever requested by the Board of Trustees, all of his acts taken to enforce this Chapter and all acts taken in regard to the collection of liquor license fees, including the data collected, and date the fees were turned over to the Village Treasurer.

(C)   Other Powers. The Liquor Control Commissioner shall have the following other specific powers:

1.   To appoint one or more persons to assist him in the exercise of such powers and the performance of such duties as he may deem necessary.

2.   To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by Statute, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof of information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this State.

3.   To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder, to determine whether any of the provisions of this Chapter or any rules or regulations adopted by him or by any other agency having the authority to do so, have been or are being violated, and at the time of such entry to examine such premises in connection therewith.

4.   To extend, by written order, closin

(A)   Unlicensed Sale and Sale in Violation of Restrictions Prohibited.

1.   Except as provided in subsection (A)2 hereof, it shall be unlawful for any person not having a current, valid license, authorized and issued hereunder, to sell or offer for sale in the Village any alcoholic liquor.

2.   No license shall be required for the retail sale of alcoholic liquor by civic, political, fraternal, educational or charitable organizations and not-for-profit organizations dedicated to the promotion, enhancement or appreciation of museums, libraries, parks, gardens or the fine arts for the purpose of minor fund-raising events, festivals, outings, picnics and other similar special events. Any event shall be considered minor when no more than one hundred (100) people are anticipated to attend.

3.   It shall be unlawful for any licensee to sell or offer for sale in the Village any alcoholic liquor except in the manner authorized by and in compliance with the terms and restrictions of a license issued hereunder.

(B)   Application for License.

1.   Application Generally. Application for a license hereunder shall be made to the Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by one of the partners, if a partnership, or by the duly authorized agent thereof, if a club or corporation, verified by an oath or affidavit.

2.   Background Information. Each application shall include the following background information:

(a)   The name, age and address of the applicant; in the case of a partnership, also the persons entitled to share in the profits thereof; in the case of a corporation for profit, or a club, also the officers and directors and persons controlling in the aggregate more than five percent (5%) of the voting shares of stock.

(b)   The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of naturalization; in the case of a corporation or club, the place of incorporation.

(c)   The character of business of the applicant and, in the case of a club or corporation, the objects for which it was formed.

(d)   The length of time that the applicant has been in business of the character specified in response to subsection (B)2(c) above, or in case of a club or corporation, the date on which its charter was issued.

(e)   The location and description of the premises or place of business which is to be operated under such license.

3.   Statements Required. Each application must include the following statements:

(a)   A statement as to whether the applicant has a current license issued by the Illinois Liquor Control Commission.

(b)   A statement as to whether the applicant has ever been convicted of a felony under any Federal or State law.

(c)   A statement as to whether the applicant has ever been convicted of a violation of any Federal or State law or local ordinance concerning the manufacture, possession or sale of alcoholic liquor, or has ever forfeited his bond to ap

(A)   Sales Restricted to Authorized Premises; Change of Location. A license shall permit the sale of alcoholic liquor only in the premises described in the application and license, and only in the manner therein authorized and in compliance with the terms thereof. Such location may be changed only upon the issuance of a written permit to make such change issued by the Liquor Control Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this State, this Chapter and other ordinances of the Village.

(B)   Displaying License. Every licensee shall cause his current alcoholic beverage license to be framed and hung in plain view in a conspicuous place on the licensed premises.

(C)   Hours of Business.

1.   Consumption on the Premises. It shall be unlawful to sell or offer for sale at retail any alcoholic liquor for consumption on the premises in the Village between the hours of twelve o'clock (12:00) A.M. and nine o'clock (9:00) A.M. on Monday through Friday, and it shall be unlawful to sell or offer for sale at retail any alcoholic liquor for consumption on the premises in the Village between the hours of two thirty o'clock (2:30) A.M. and nine o'clock (9:00) A.M. on either Saturday or Sunday.

2.   New Years Day. The foregoing provisions shall not prohibit the sale at retail of alcoholic liquor for consumption on the premises in the Village past the normal closing hours of the day before, and until the hour of five o'clock (5:00) A.M. on New Years Day.

3.   Hours for Other Business. Licensed premises may remain open for the sale of food during the hours within which the sale of alcoholic liquor is prohibited, but no alcoholic liquor may be sold to or consumed by the public on such premises during such hours.

(D)   Civil Rights in Licensed Premises. No licensee licensed under the provisions of this Chapter shall deny, or permit his agents or employees to deny, any person the full and equal enjoyment of the accommodation, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold, subject only to the conditions and limitations established by law and applicable alike to all citizens. This provision shall not be construed to prevent a good faith refusal to serve alcoholic liquor to any intoxicated person or to any person who reasonably appears to be intoxicated, mentally deficient, or otherwise mentally impaired.

(E)   Sales to Intoxicated Persons.

1.   No licensee nor any officer, associate, member, representative, agent or employee of any licensee shall sell, give or deliver any alcoholic liquor to any person who is, or who appears to be, intoxicated.

2.   It shall be unlawful for any person, after purchasing or otherwise obtaining alcoholic liquor, to sell, give or deliver such alcoholic liquor to an intoxicated or apparently intoxicated person.

(F)   Minors.

1.   Sales to Minors.

(a)