CHAPTER 21 - LIQUOR
By Marilyn A. Herbeck
Apr 7, 2005, 08:13

CHAPTER 21

LIQUOR

ARTICLE I - GENERALLY


21-1-1 DEFINITIONS. Unless the context otherwise requires, the words and phrases herein defined are used in this Chapter in the sense given them in the following definitions:

“ALCOHOL” means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin 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 human beings. 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. (See 235 ILCS Sec. 5/1-3.05)

“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. (See 235 ILCS Sec. 5/1-3.04)

“CATERER RETAILER” 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 contract. (See 235 ILCS Sec. 5/1-3.34)

“CLOSE” means to shut up so as to prevent entrance or access by any person; and the entire suspension of business.

“CLUB” means a corporation organized under the laws of this State and 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 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; provided that such club files with the Mayor at the time of its application for a license under this Chapter, two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member, his name and address; and provided further, 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 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 its members or guests introduced by members, beyond the amount of such salary as may be fixed and voted at the annual meeting by the members or by the board of directors or other governing body out of the general revenue of the club. (See 235 ILCS Sec. 5/1-3.24)

“CORPORATION” means any corporation, domestic or foreign, qualified to do business in the State of Illinois under the “Business Corporation Act” of Illinois. (Rule 100.10(b))

“DISTILLED SPIRITS”. See “Spirits”.

“EVENT” means a single theme. (Rules and Regulations 100.10(o))

“HOTEL” means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is 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 the sleeping accomodations of such guests and having one (1) 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 or dining room equipment and capacity. (See 235 ILCS Sec. 5/1-3.25)

“MANAGER” OR “AGENT” means any individual employed by any licensed place of business, provided said individual possess the same qualifications required of the licensee. Satisfactory evidence of such employment will be furnished the Commission in the form and manner as such Commission shall from time to time prescribe. (Rule 100.10(f))

“MAYOR” means the Local Liquor Control Commissioner as provided in the Illinois Compiled Statutes, Chapter 235, entitled “Dramshop” and all references to Liquor Commissioner shall refer to the Mayor unless otherwise provided.

“MEAL” means food that is prepared and served on the licensed premises and excludes the serving of snacks. (Rules and Regulations 100.10(n))
“ORIGINAL PACKAGE” means 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, to contain and to convey any alcoholic liquor. (See 235 ILCS Sec. 5/1-3.06)

“PACKAGE LIQUOR STORE” means any public place where packaged liquors are offered for sale in the original, unopened container for consumption away from the premises.

“PARTNER” is any individual who is a member of a co-partnership. “Co-partnership” means an association of two (2) or more persons to carry on as co-owners of a business for profit. (Rules and Regulations 100.10(d)(e))

“PREMISES/PLACE OF BUSINESS” means the place or location where alcoholic beverages are manufactured, stored, displayed, offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Not included are sidewalks, street, parking areas and grounds adjacent to any such place or location. (Rules and Regulations 100.10(g))

“PRIVATE FUNCTION” means a prearranged private party, function, or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function or event.

“PUBLIC PLACE” means any premises enclosed or unenclosed or partly enclosed and partly unenclosed wherein any service or goods, chattels or merchandise are offered for sale to the public or any such premises used as a clubhouse, club room or meeting place. The terms “public place” and “public premises” shall be interchangeable for the purposes of this Chapter.

“RESIDENT” means any person (other than a corporation) who has resided and maintained a bona fide residence in the State of Illinois for at least one (1) year and in the city, village and county in which the premises covered by the license are located for at least ninety (90) days prior to making application for such license. (Rule 100.10(a))

“RESTAURANT” means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. (See 235 ILCS Sec. 5/1-3.23)

“RETAILER” means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form. (See 235 ILCS Sec. 5/1-3.17)
“SALE” means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. (See 235 ILCS Sec. 1-3.21)

“SELL AT RETAIL” and “SALE OF RETAIL” refer to any mean sales for use or consumption and not for resale in any form. (See 235 ILCS Sec. 5/1-3.18)

“SPECIAL EVENT” means an event conducted by an educational, fraternal, political, civic, religious or non-profit organization. (See 235 ILCS Sec. 5/1-3.30)

“SPECIAL EVENTS RETAILER” means an educational, fraternal, political, civic, religious, or non-profit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license. (See 235 ILCS Sec. 5/1-3.17.1)

“SPIRITS” means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (See 235 ILCS Sec. 5/1-3.02)

“TO SELL” includes to keep or expose for sale and to keep with intent to sell. (See 235 ILCS Sec. 5/1-3.22)

“WINE” means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits as above defined. (See 235 ILCS Sec. 5/1-3.03)
ARTICLE II - LICENSES


21-2-1 LICENSE REQUIRED. No person shall sell, keep or offer for sale at retail, or conduct any place for the sale at retail of alcoholic liquor within the limits and territory of this municipality without having a license to do so, issued by the Mayor of this municipality in the manner hereinafter provided, and a valid license for such purpose issued by the Illinois Liquor Control Commissioner of the State of Illinois.
A similar valid license issued by the Mayor of this municipality is hereby required for and with respect to each building, location and premises, within the aforesaid territory of this municipality, at or upon which alcoholic liquor is to be sold or kept or offered for sale at retail. (See 235 ILCS Sec. 5/4-1)


21-2-2 APPLICATIONS. The Mayor is authorized to grant and issue licenses to individuals, firms, and corporations to sell at retail and to keep and offer for sale at retail alcoholic liquors within the limits and territory of this municipality upon the conditions and in the manner provided by this Chapter and by the Act of the General Assembly of Illinois, and not otherwise. Such license shall be in writing, signed by the Mayor and attested by the Municipal Clerk, with the seal of his office affixed thereto.
Prior to issuance of a license, the applicant must submit to the Mayor an application in triplicate, in writing and under oath, stating the following:
(A) The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit or a club, the date of incorporation, the object for which it was organized, the names and addresses of the officers, directors and the name of the person who will be managing the establishment for which the license is sought, and if a majority in interest of the stock of such corporation is owned by one person or his nominee, the address and name of such person.
(B) The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization.
(C) The character of business of the applicant, and in the case of a corporation, the objects for which it was formed.
(D) The length of time that the applicant has been engaged in the business of that character or in the case of a 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.
(F) Whether applicant has made similar application for a similar other license on premises other than described in the application and the disposition of such application.
(G) That 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 the aforesaid Act of the General Assembly or in this Chapter or resolution and amendments thereto.
 (H) Whether a previous license issued to the applicant by any state, or subdivision thereof, or by the federal government has been revoked and the reasons therefor.
(I) That he will not violate any of the laws of the State of Illinois or of the United States, or any of the provisions of this Chapter or resolution and amendments thereto in the conduct of his place of business.
In the case of a partnership or corporation, the information and statements required by this Section shall be furnished as to each partner, and with respect to a corporation, the information and statements required by this Section shall be furnished as to the president of the corporation, the secretary of the corporation, the directors of the corporation, and with respect to the person who is to manage the establishment for which a license is sought.
If the application is made on behalf of a partnership, firm, association, club or corporation, then the same shall be signed and sworn to by at least one (1) member of such partnership, firm, association or club, or by the president and secretary of such corporation.
One (1) copy of the application shall be retained by the Mayor, one (1) copy given to the Chief of Police; the Chief of Police shall endorse on the copies his approval or disapproval of the application and may make further comments regarding that application. The copies shall be returned to the Mayor and the endorsement and comment of the Chief of Police shall be considered by him as an aid in deciding whether the license should be issued or refused. (See 235 ILCS Sec. 5/7-1)


21-2-3 EXAMINATION OF APPLICANT. The Mayor shall have the right to examine or cause to be examined, under oath, any applicant for a local license or for renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any such applicant or licensee; to hear testimony and take proof for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining any of the information desired by the Mayor under this Section, he may authorize his agent to act on his behalf. (See 235 ILCS Sec. 5/4-5)


21-2-4 PROHIBITED LICENSEES. No retail license shall be issued by the Mayor to the following:
(A) A person who is not a resident of this municipality;
(B) A person who is not twenty-one (21) years of age;
(C) A person who has been convicted of a felony under any federal or state law if the Mayor determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(D) A person who has been convicted of being the keeper of or is keeping a house of ill-fame;
(E) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;
 (F) A person whose license has previously been revoked for cause;
(G) A person who, at the time of the application for renewal for any license issued hereunder, would not be eligible for such license upon first application;
(H) A co-partnership, if any general partnership thereof or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason;
(I) A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than five percent (5%) of such corporation, would not be eligible to receive a license hereunder for any reason other than the requirement for citizenship and residence;
(J) A corporation unless it is incorporated in the State of Illinois, or unless it is a foreign corporation which is qualified under the “Business Corporation Act of 1983” to transact business in Illinois;
(K) 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;
(L) Any person, association, or corporation not eligible for a state retail liquor license;
(M) A person who is not of good character and reputation in the community in which he resides;
(N) 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 Code or has forfeited his bond to appear in court to answer charges for any such violation;
(O) A person who does not own the premises for which a license is sought, or does not rent nor have a lease thereon for the full period for which the license is to be issued;
(P) Any law enforcing public official, including members of local liquor control commissions, any mayor, alderman, or member of a city council or commission, any president of a village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and the Mayor.
(Q) A person who is not a beneficial owner of the business to be operated by the licensee;
(R) A person who has been convicted of a gambling offense as prescribed by any of subsections (a)(3) through (a)(11) of Section 28-1.1 of, or as proscribed by Section 28-3 of the “Criminal Code of 1961”, approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(S) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period; except those persons who are eligible to receive a license under the Raffles Act or the Illinois Pull Tabs and Jar Games Act;
(T) A co-partnership to which 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 by the federal government for the current tax period;
(U) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than twenty percent (20%) of the stock of such corporation has been issued a federal wagering stamp for the current tax period;
(V) Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period. (See 235 ILCS Sec. 5/6-2)


21-2-5 TERM; FEE SUBMITTED IN ADVANCE. Retail liquor licenses issued under this Chapter shall be valid for a twelve (12) month period upon the payment of the license fee as hereinafter set forth unless sooner revoked or suspended. The twelve (12) month period shall be from July 1st to June 30th of the following year.
The license fee shall be payable in advance by the applicant for a license at the time the application for a license is submitted to the Mayor as hereinbefore provided. A licensee may make arrangements to pay the liquor license fees quarterly. In the event the license is denied, the license fee shall be returned to the applicant. The fees shall be deposited in the Municipal General Fund. The application for a license shall be filed with the Municipal Clerk.
Licenses shall state thereon the names of the licensees and the address and description of the premises for which they are granted and the dates of their issuance and expiration.
With respect to a corporation operating an establishment for which a liquor license has been issued, should the manager of said establishment change after the issuance of said liquor license, the corporation must submit the new manager's name and shall be submitted within thirty (30) days. Continuation of the license will be contingent upon a background check of the new manager as set out in this Chapter, and all fees shall be waived should the license be changed only as a result of a change of managers. If, for some reason, the manager is not acceptable, the licensee shall have thirty (30) days to submit a new name before revocation. Failure to provide new information shall be grounds for suspension or revocation of said license. (See 235 ILCS Sec. 5/4-1)


21-2-6 CLASSIFICATION - FEE - LIMITATION. Every person engaged in the retail sale of alcoholic liquor in the City shall pay an annual license fee. Such licenses shall be divided into the following seven (7) classes:
(A) Class “A” License: Taverns. Class “A” licenses shall authorize retail sale on the premises specified of alcoholic liquor of all varieties for consumption on the premises, as well as retail sale of alcoholic liquor in the original package off premises. The annual fee for such license shall be Five Hundred Dollars ($500.00).
(B) Class “B” Licenses: Convenience Stores. Class “B” licenses shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold; such sales to be made in the original package only. Such license shall allow the sale of foodstuffs solely incidental and complementary to the sale of alcoholic liquors. The fee for such license shall be Five Hundred Dollars ($500.00).
(C) Class “C” Licenses: Grocery Stores. Class “C” licenses shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold; such sales to be made in the original package only and the major business of the licensee shall be
the sale of foodstuffs, and where such sale of alcoholic liquors is only incidental to such overall business. The annual fee for such license shall be Three Hundred Fifty Dollars ($350.00).
(D) Class “D” Licenses: Restaurants. Class “D” licenses shall authorize the sale of alcoholic liquor at retail for consumption on the premises in conjunction with the operation of a restaurant. The annual fee for such license shall be Four Hundred Dollars ($400.00).
(E) Class “E” Licenses: Clubs. Class "E" licenses shall authorize any club to sell alcoholic liquor on the premises at retail for its members and guests. The annual fee for such license shall be Four Hundred Dollars ($400.00).
(F) Class “F” Licenses: Civic Organizations, Etc. Class “F” licenses shall authorize any charitable, educational or benevolent corporation or club or special organization to purchase a special daily license for the retail sale of alcoholic liquor for any special outdoor function or program, with such daily special license to be regulated by the closing hours of a Class “A” license. The fee for such daily license shall be Twenty Dollars ($20.00) per day, payable in advance and upon application.
(G) Class “G” Licenses: Extended Hours Closing Permit. Class “G” licenses shall only be issued to those individuals either presently holding or also applying for and receiving a Class “A” or “E” license. Class “G” licenses shall allow the license holder to extend its hours of operation as set forth in Section 21-3-1. The annual fee for such license shall be Five Hundred Dollars ($500.00), and shall be in addition to the annual fee paid for the individual’s Class “A” or “E” license. (See 235 ILCS Sec. 5/4-1) (Ord. No. 1330; 04-24-06)


21-2-7 NATURE OF LICENSE. A license issued under this Chapter shall be purely a personal privilege, good for not to exceed one (1) year after issued unless sooner revoked as in this Chapter authorized and 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 not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors and administrators of any estate of the 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 of alcoholic liquor under the order of the court having jurisdiction of such estate and may exercise the privileges of such deceased, 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 (6) months after the death, bankruptcy or insolvency of such licensee. (See 235 ILCS Sec. 5/6-1) (See Attorney General's Report No. 703; 01-08-48)


21-2-8 LIMITATION OF LICENSES.
(A) Annexing License Holders. The restrictions contained in this Chapter shall in no way affect taverns and other business(es) holding retail liquor licenses, duly licensed by the County, which are located in the territory annexed to the municipality. Licenses may be issued to them or renewed by the duly constituted authorities upon annexation; provided that thereafter, all of the restrictions and contingencies contained herein shall apply.
(B) Destroyed or Damaged Business. No license shall be held in existence by the mere payment of fees by any person, firm or corporation for a period longer than ninety (90) days without a tavern or liquor business for the same being in complete and full operation. However, if a tavern or liquor business has been destroyed or damaged by fire or act of God and cannot be rebuilt or repaired within the ninety (90) day period, then, in that event, the Mayor shall extend the period of time for which a liquor license may be held by the mere payment of fees without the tavern or liquor business being in full and complete operation for an additional ninety (90) days.
If either of the above stated periods of time passes without the particular tavern or liquor business returning to complete and full operation, the license for that particular business shall expire and not be subject to renewal, unless all other requirements of this Chapter shall have been met. (See 235 ILCS Sec. 5/4-1)


21-2-9 DRAMSHOP INSURANCE. No license shall be issued or renewed hereunder unless the applicant shall file with the application or renewal a certificate by an insurance company authorized to do business in the State of Illinois, certifying that the applicant maintains valid and current Dramshop insurance which meets or exceeds the minimum coverages, at the greater of, either the below listed amounts, or at such higher amount as established and calculated on an annual basis by the State of Illinois by taking into account the statutory adjustments in increasing the below minimum coverages required by Illinois law:
(A) Bodily Injury Liability. $45,000 each occurrence
(B) Property Damage: $45,000 each occurrence
(C) Loss of Support/Loss of Society: $55,000 each occurrence
(See 235 ILCS Sec. 5/6-15) (Ord. No. 1330; 04-24-06)

21-2-10 DISPLAY OF LICENSE. Every licensee under this Chapter shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. (See 235 ILCS Sec. 5/6-24)

21-2-11 RECORD OF LICENSES. The Mayor shall keep a complete record of all licenses issued by him and shall supply the Clerk, Treasurer and Chief of Police a copy of the same. Upon issuance or revocation of a license, the Mayor shall give written notice to these same officers within forty-eight (48) hours. (See 235 ILCS Sec. 5/4-1)

21-2-12 LIQUOR IN CITY BUILDINGS.
(A) Mayor to Issue Permits. The Mayor, on his or her own motion or at the request of any Alderman may, at his or her discretion, issue a permit to allow for the delivery and service of alcoholic liquors in any building owned or controlled by the City. Said permits will be of only twenty-four (24) hours duration and shall be in written form listing the date the permit is granted, the date the permit is effective, the identity of the person requesting the permit, the building for which the permit is granted and a brief description of the event for which the permit is granted.
(B) No Sales. Nothing in this Section shall be construed as to authorize the sale of alcoholic liquors in any building owned or controlled by the City.
(C) Permits to be Reported. The Mayor shall report the issuance of any permit authorized by this Section to the City Council at the next meeting following the issuance of such permit.
(Ord. No. 1323; 02-13-06) (See 235 ILCS 5/6-15)

ARTICLE III - REGULATIONS


21-3-1 HOURS AND DAYS OF OPERATION.
(A) Closing Hours. For all license classes, with the exception of Class “G”, it shall be unlawful for any licensee to give or sell, or offer for sale or gift or in any way provide any alcoholic liquor, spirits, beer, or wine in the City of Staunton between the hours of one o’clock (1:00) A.M. and six o’clock (6:00) A.M. on any day of the week. All exterior bar lights will be off at one o’clock (1:00) A.M. All entrance and exit doors will be locked at two o’clock (2:00) A.M. and all patrons must be vacated from the establishment at that time. (Ord. No. 1330; 04-24-06)
(B) Class “G” License Closing Hours. For those individuals holding a Class “G” license, it shall be unlawful for such licensee to give or sell, or offer for sale or gift or in any way provide any alcoholic liquor, spirits, beer, or wine in the City of Staunton between the hours of one o’clock (1:00) A.M. and six o’clock (6:00) A.M. from Monday through Friday. For these licensees, from Monday through Friday, all exterior bar lights will be off at one o’clock (1:00) A.M. All entrance and exit doors will be locked at two o’clock (2:00) A.M. and all patrons must be vacated from the establishment at that time. However, on Saturdays, Sundays, Thanksgiving and New Years Day, said hours of closing shall be between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M., with all exterior bar lights on these days being off at two o’clock (2:00) A.M. All entrance and exit doors will be locked at three o’clock (3:00) A.M. and all patrons must be vacated from the establishment at that time. (Ord. No. 1330; 04-24-06)
(C) Restaurants, clubs, hotels, grocery stores and other establishments which sell liquor or alcoholic beverages but which do not exist primarily for the sale of such beverages or who do not derive more than fifty percent (50%) of their business from the sale of alcoholic beverages may remain open twenty-four (24) hours a day subject to the restrictions on the sale of alcoholic beverages as stated in paragraph (A). (Ord. No. 1330; 04-24-06)
The times referred to above shall refer to Daylight Savings Time or when the same is in effect in the City and upon cessation of Daylight Savings Time, shall be Central Standard Time. All patrons and customers shall leave the premises at the specified closing time and shall not remain on the premises thereafter. (See 235 ILCS Sec. 5/4-1)


21-3-2 PROHIBITED LOCATIONS. No license shall be issued for the sale of any alcoholic liquor at retail within one hundred feet (100') 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; provided, that this prohibition shall not apply to hotels offering restaurant service, 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 so exempted shall have been established for such purposes prior to the taking effect of this Chapter; nor to the renewal of a license for the sale at retail of alcoholic liquor on the premises within one hundred feet (100') of any church or school where such church or school has been established within such one hundred feet (100’) since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. (See 235 ILCS Sec. 5/6-11)

21-3-3 CHANGE OF LOCATION. A retail liquor dealer's license shall permit the sale of alcoholic liquor only on the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Mayor. 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 law of this state and the Code of this municipality. (See 235 ILCS Sec- 5/7-14)


21-3-4 RESTRICTED RESIDENTIAL AREAS. It shall be unlawful to establish a retail liquor business within the municipality in violation of the restrictions of the Zoning Code. (See Chapter 40 of the Revised Code)


21-3-5 ELECTION DAYS. All such licensees may sell alcoholic liquor at retail, by the drink or in the original package for consumption either on or off the premises licensed on the day of any national, state, county or municipal election, including primary elections during the hours the polls are open within the political area in which such election is being held and on Sundays; subject to all the remaining terms, conditions and opening hours and closing hours as set forth in this Chapter.


21-3-6 UNLAWFUL ACTS. It shall be unlawful for any person to do or commit any of the following acts within the City, to-wit:
(A) Drink any alcoholic liquors on any public street, alley, sidewalk, or other public way without special permission granted by the Mayor.
(B) Drink any alcoholic liquors in any public park, except with the permission of the Mayor.
(C) Drink any alcoholic liquors on any private property without permission of an owner thereof.
(D) Appear on or in any public street, alley, sidewalk or other public place, including parks and recreation areas, in an intoxicated condition.


21-3-7 UNLAWFUL ENTERTAINMENT. No licensee, his agent, servant or employee shall permit or allow any lewd or lascivious act or any topless and/or bottomless employee and/or employees [topless being defined as naked and substantially without clothing or covering of the body from the waist to the neckline and bottomless being defined as naked and substantially without clothing or covering of the body from the waist downward], or entertainment to be performed within the licensed premises by an entertainer employed therein, or by any employee or guest.

 Nor shall any licensee, his agent, servant or employee permit or allow any employee or guest or any other person whomever to solicit or encourage the purchasing of any alcoholic liquor or beverage of any description, or the giving of any gratuity or gift by any patron or guest to or for the benefit of such employee or guest.
The following kinds of conduct on premises in this municipality licensed to sell alcoholic liquor are prohibited:
(A) The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts;
(B) The actual or simulated exhibition, touching, caressing, or fondling of the breasts, buttocks, pubic hair, anus, vulva, or genitals;
(C) The actual or simulated displaying of the breasts, buttocks, pubic hair, anus, vulva, or genitals;
(D) The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to view any portion of his or her breasts, buttocks, genitals, vulva, or anus;
(E) The displaying of films or pictures depicting acts, a live performance of which are prohibited by the regulations quoted above.


21-3-8 SANITARY CONDITIONS. All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the codes regulating the condition of the premises used for the storage or sale of food for human consumption. (See 410 ILCS Sec. 650/1, et seq.)


21-3-9 DISEASED EMPLOYEES. It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor, any person who is afflicted with or who is a carrier of any contagious disease, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor. (See 410 ILCS Sec. 650/10)


21-3-10 HEALTH PERMIT. Every licensee shall have, at all times, a valid operating permit from the County Health Department which regulates health standards.


21-3-11 PEDDLING. It shall be unlawful to peddle alcoholic liquor in this municipality. (See 235 ILCS Sec. 5/4-1)
 21-3-12 GAMBLING. It is unlawful to keep, place, maintain, or operate any gambling device or instrument in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away. It shall be unlawful for any licensee, or his agent and/or employee, to give or award a cash prize or equivalent to any person playing any devices or machines defined as a coin-operated amusement device pursuant to Section 7-4-1 of the Revised Code. (See 720 ILCS Sec. 5/28-1)


21-3-13 DISORDERLY HOUSE. Any person licensed under this Chapter shall not suffer or permit any disorder, drunkenness, quarreling, fighting, unlawful games, or riotous or disorderly conduct in any house or premises kept or occupied by him for the sale of liquor. (See 235 ILCS Sec. 5/4-1)


21-3-14 PROHIBITED SALES - GENERALLY. No licensee, nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, or mentally ill. No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty-one (21) years, except in the performance of a religious ceremony or service. (See 235 ILCS Sec- 5/6-16)


21-3-15 PERSONS SELLING LIQUOR. It shall be unlawful for any person under the age of twenty-one (21) years to attend any bar or to sell, draw, pour or mix any alcoholic liquor in any Class “A” or “B” licensed retail premises. In a Class “C” or “D” licensed business, a person may serve if he is eighteen (18) years of age or older. (See 235 ILCS Sec. 5/4-1)


21-3-16 UNLAWFUL PURCHASE OF LIQUOR. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession. (See 235 ILCS Sec. 5/6-20)


21-3-17 IDENTIFICATION REQUIRED. If a licensee or his agents or employees believe or have reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
 Proof that the defendant/licensee or his employees 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 criminal prosecution therefor or in any proceedings for the suspension or revocation of any license based thereon. (See 235 ILCS Sec. 5/6-20)


21-3-18 TRANSFER OF IDENTIFICATION CARD. No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false infor-mation. No person shall purchase, accept delivery, or have possession of alcoholic liquor in violation of this Chapter.
The consumption of alcoholic liquor by any person under the age of twenty-one (21) years is forbidden. (See 235 ILCS Sec. 5/6-20)


21-3-19 EXCLUSIONARY PROVISION. The possession and dispensing or consumption by an underaged person of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by an underaged person under the direct supervision and approval of the parent or parents of such underaged person in the privacy of a home is not prohibited by this Chapter. (See 235 ILCS Sec. 5/6-20)


21-3-20 INSPECTIONS. It shall be unlawful to refuse to grant admittance to the premises for which a license has been issued at any time upon the verbal request of the Chief of Police, any police officer, or the Liquor Commissioner for the purpose of making an inspection of such premises or any part thereof. (See 235 ILCS Sec- 5/4-4)


21-3-21 BOOKS AND RECORDS---AVAILABLE UPON REASONABLE NOTICE AND MAINTAINED IN STATE RECORDS. It shall be the duty of every retail licensee to make books and records available upon reasonable notice for the purpose of investigation and control by the Mayor having jurisdiction over the licensee. Such books and records need not be maintained on the licensed premises, but must be maintained in the State of Illinois. (See 235 ILCS Sec. 5/6-10)


21-3-22 RESTRICTIONS ON LICENSEE. In addition to the restrictions on licensing, the holder of a license is subject to the following restrictions:
(A) It is unlawful for any license to accept, receive or borrow money or anything of value directly or indirectly from any manufacturer or distributor of alcoholic liquor. (See 235 ILCS Sec. 5/6-5)
 (B) No licensee licensed under the provisions of this Code shall deny or permit his agents or employees to deny any person the full and equal enjoyment of the accommodations, 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. (See 235 ILCS Sec. 5/6-17)
(C) No licensee shall sell liquor to any persons on credit, or in payment for services rendered but this does not apply to clubs and hotels and liquor purchased for consumption off the premises. (See 235 ILCS Sec. 5/6-19)
(D) No licensee shall fill or refill in whole or in part any original package of alcohol with the same or other liquor and no liquor shall be sold except in original packages. (See 235 ILCS Sec. 5/6-22)
(E) No alcoholic liquor shall be sold or delivered in any building belonging to or under the control of a municipality except in connection with the operation of an established food service facility or at a site specifically provided for in the Act and where dram shop insurance coverage is provided. (See 235 ILCS Sec. 5/6-15)
(F) An established place of business is a prerequisite to the issuance of a license. Revocation of a license when a licensee ceases to operate the business before the license expires is within the authority of the commissioner on the grounds of nonuse. (See Goode V. Thomas 31 Ill. App. 3d 674, 1975)
ARTICLE IV - VIOLATIONS AND PENALTIES


21-4-1 OWNER OF PREMISES PERMITTING VIOLATION. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person shall knowingly permit the licensee to use said licensed premises in violation of the terms of this Code, said owner, agent or other person shall be deemed guilty of a violation of this Code to the same extent as said licensee and be subject to the same punishment. (See 235 ILCS Sec. 5/10-2)


21-4-2 ACTS OF AGENT OR EMPLOYEE - LIABILITY; KNOWLEDGE. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Code by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally. (See 235 ILCS Sec. 5/10-3)


21-4-3 REVOCATION OF LICENSE AFTER CONVICTION. Whenever any licensee shall be convicted of any violation of this Code, the license of said licensee may, in the discretion of the Mayor, be revoked and forfeited and all fees paid thereon shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this Code for said licensee to continue to operate under such license. (See 235 ILCS Sec. 5/10-4)


21-4-4 REVOCATION OF LICENSE WHEN EMPLOYEE CONVICTED. Whenever any officer, director, manager, or other employee in a position of authority of any licensee under this Code shall be convicted of any violation of this Code while engaged in the course of his employment or while upon the premises described by the license, the license shall be revoked and the fees paid thereon forfeited, both as to the holder of the license and as to the premises, as if said licensee had himself been convicted. (See 235 ILCS Sec. 5/10-5)


21-4-5 MISBRANDING. Any person who shall knowingly possess, sell or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of the alcoholic liquor, or who shall cause any such act to be done, shall forfeit the alcoholic liquor and the packages and containers to the State and shall be subject to the punishment and penalties provided for violation of this Code. (See 235 ILCS Sec. 5/10-6)
 21-4-6 ABATEMENT OF PLACE USED IN VIOLATION. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this Code, is hereby declared to be a public nuisance and shall be abated as provided by the laws of this State for the abatement of public nuisances. (See 235 ILCS Sec. 5/10-7)


21-4-7 USE OF PREMISES FOR ONE YEAR AFTER REVOCATION. When any license has been revoked for any cause, no license shall be granted for the same premises for a period of one (1) year thereafter. (See 235 ILCS Sec. 5/7-13)


21-4-8 REVOCATION OF LICENSES. The Local Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses granted under this Code.
(A) In addition to and not limited by the specific penalties set out for violations of specific articles of this Code, the Local Liquor Control Commissioner may suspend for thirty (30) days or revoke any liquor license issued under this Code for any state law pertaining to the sale of alcoholic liquors by any licensee, his agent, servant or employee.
(B) To suspend or revoke any liquor license if the licensee makes any false statement or misrepresentation in the application for a license.
(C) 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 Code 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;
(D) 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 that Act has violated this Code by selling or offering for sale at retail alcoholic liquors without a retailer's license;
(E) To receive complaint from any citizen within his jurisdiction that any of the provisions of this Act, 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;
(F) The Local Liquor Control Commissioner shall also have the power to levy fines in accordance with Section 21-4-10 of this Code. (See 235 ILCS Sec. 5/4-4)


21-4-9 COMPLAINT BY RESIDENTS. Any five (5) residents of the municipality shall have the right to file a complaint with the Liquor Commissioner, stating that a licensee under this Code has been or is violating the provisions of this Code or any amendments hereto, or of any of the statutes of this State of Illinois, enacted with reference to the control of liquor. Such complaint shall be made in writing and shall be signed and sworn to by the parties complaining.
The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the Liquor Commissioner is satisfied that the complaint substantially charges a violation, and that from the facts alleged, there is reasonable cause for such belief, he shall set the matter for hearing, and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint. (See 235 ILCS Sec. 5/7-7)


21-4-10 REVOCATION OR SUSPENSION OF LOCAL LICENSE; - NOTICE AND HEARING. The Liquor Commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of the Illinois Liquor Act, any valid ordinance adopted by the municipality, any applicable rule or regulation established by the Liquor Commissioner or the State Commission which is not inconsistent with law.
(A) Fine as Opposed to Suspension or Revocation. In addition to suspension and/or revocation, the Liquor Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed One Thousand Dollars ($1,000.00) for each violation; each day on which a violation continues shall constitute a separate violation. No more than Ten Thousand Dollars ($10,000.00) in fines under this section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury, as the case may be. (See P.A. 89-0063)
(B) Revocation and Suspension: Notice. However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commissioner with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Liquor Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Liquor Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
(C) Hearing. The Liquor Commissioner shall, within five (5) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, state the reason or reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order within the five (5) days upon the license. The findings of the Commissioner shall be predicted upon competent evidence. (See 235 ILCS Sec. 5/7-5)
 21-4-11 APPEALS FROM ORDER OF LIQUOR COMMISSIONER. Except as provided in this section, any order or action of a Local Liquor Control Commissioner levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license may within twenty (20) days after notice of such order or action by appealed by any resident of the municipality under the jurisdiction of the Liquor Commissioner or any person interested, to the State Commission.
In any case where a licensee appeals to the State Commission from an order or action of the Liquor Commissioner having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the State Commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing. (See 235 ILCS Sec. 5/7-9)


21-4-12 SUBSEQUENT VIOLATIONS IN A YEAR. In any case, in which a licensee appeals to the State Commission a suspension or revocation by a Local Liquor Control Commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Liquor Commissioner's action has been issued by the State Commission and shall cease all activity otherwise authorized by the license. The State Commission shall expedite, to the greatest extent possible, its consideration of any appeal that is an appeal of a second or subsequent suspension or revocation within the past twelve (12) month period. (See 235 ILCS Sec. 5/7-9)


21-4-13 APPEAL LIMITATIONS FOR SUBSEQUENT VIOLATION. Any appeal of the decision and findings of the Liquor Commissioner in Section 21-4-12 shall be limited to a review of the official record of the proceedings of said Liquor Commissioner. The official record shall be a "certified official record" of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter. A copy of this record shall be filed by the Liquor Commissioner within five (5) days after notice of the filing of such appeal is received by the municipality from State Commission. (See 235 ILCS Sec. 5/7-9)



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