Chapter 10
ALCOHOLIC BEVERAGES*
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Cross references: Advertising, ch. 6; businesses, ch. 22; possession or consumption of alcoholic beverages in public places, § 58-12; taxation, ch. 78; traffic and vehicles, ch. 82; zoning, app. A.
State law references: Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq.
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Article I. In General
Sec. 10-1. Definitions.
Sec. 10-2. Peddling.
Sec. 10-3. Employees.
Sec. 10-4. Restricted sales areas.
Sec. 10-5. Closing hours.
Sec. 10-6. View from street.
Sec. 10-7. Offenses pertaining to licensed establishments.
Sec. 10-8. Penalty for violation of chapter.
Secs. 10-9– 10-30. Reserved.
Article II. Licenses
Sec. 10-31. Required.
Sec. 10-32. Application.
Sec. 10-33. Applicants ineligible to be licensed.
Sec. 10-34. Refusal to issue.
Sec. 10-35. Reserved.
Sec. 10-36. Prorating fee.
Sec. 10-37. Classification, fees.
Sec. 10-38. Disposition of fees.
Sec. 10-39. Location restrictions.
Sec. 10-40. Consumption on premises.
Sec. 10-41. Transfer of license.
Sec. 10-42. Change of location.
Sec. 10-43. Revocation; fines.
Sec. 10-44. Records; notice.
ARTICLE I. Sec. 10-1. Definitions.
All words and phrases used in this chapter shall be given the same definition as in 235 ILCS 5/1-3.01 et seq., except that the word "minor" means a person under the age of 21 years.
(Code 1976, § 3-1)
Cross references: Definitions generally, § 1-2.
Sec. 10-2. Peddling.
It shall be unlawful to peddle alcoholic liquor in the city.
(Code 1976, § 3-13)
Sec. 10-3. 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, 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 the premises or to engage in any way in the handling, preparation or distribution of such liquor.
(Code 1976, § 3-14)
Sec. 10-4. Restricted sales areas.
(a) It is hereby determined that all of the city is predominately residential in character with the exception of:
(1) Blocks numbered 21, 22, 23, 24, 25, 27, 28, 29, 38, 39, 40 and 46 of the original town (now city);
(2) The east one-half of Fractional Section 1; the northwest quarter and the east one-half of Fractional Section 12, and the northwest quarter of the northwest quarter of the northeast quarter of Section 13, all in Township 11 North, Range 12 West; and
(3) The southwest quarter of Section 7, Township 11 North, Range 11 West.
(b) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any predominately residential portion of the city, unless the owners of at least two-thirds of the front feet along the street and streets adjacent to such place of business for which a license is sought for a distance of 200 feet in each direction from such proposed place of business shall file with the local liquor commissioner, or licensing office, a written consent to the use of such place for the sale of alcoholic liquors.
(Code 1976, § 3-15; Ord. No. 07-38, § 1, 8-28-07)
Sec. 10-5. Closing hours.
(a) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the city between the hours of 12:00 midnight and 6:00 a.m. of any day; provided further that, except for the holder of a class D, E and G license, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the city on Sundays.
(b) It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited; provided, that in the case of restaurants, clubs, hotels, and other establishments not primarily engaged in the business of selling alcoholic liquor at retail, such establishments may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.
(c) It shall be lawful for duly licensed liquor dealers, and such dealers are hereby authorized, to sell at retail alcoholic liquor 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 held.
(Code 1976, § 3-17; Ord. No. 03-9, § 1, 2-24-03)
Sec. 10-6. View from street.
In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed other than as a restaurant, hotel or club, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises, nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times 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 prevent a full view of the entire interior of such premises from the street, road or sidewalk, and such premises must be located so that there shall be a full view of the entire interior of such premises from the street, road or sidewalk. All rooms where liquor is sold for consumption upon 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. If the view into any such licensed premises, as required by the foregoing provisions of this section, shall be wilfully obscured by the licensee or by him wilfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner provided in this chapter. In order to enforce provisions of this section, the mayor shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as required in this section.
(Code 1976, § 3-18)
Sec. 10-7. Offenses pertaining to licensed establishments.
(a) No licensee under this chapter or any officer, associate, member, representative, agent or employee of such licensee shall:
(1) Sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person or to any person known by him or her to be under legal disability or in need of mental treatment.
(2) Engage, employ or permit any person under the age of 21 years to attend bar or to draw, pour, or mix any alcoholic liquor in any licensed premises; provided, that the provisions of this section shall not be construed to prevent the employment of persons who are at least 19 years of age as waiters or waitresses in restaurants or hotels for the purpose of taking orders, serving food and nonalcoholic drinks in the licensed premises.
(b) No licensee under this chapter holding a license authorizing the sale of alcoholic liquor not for consumption on the premises or any officer, associate, member, representative, agent or employee of such licensee shall permit any employee under the age of 21 years or any customer of any age to register, by mechanical or electronic means, the sale of any alcoholic liquor, including beer and wine.
(c) Except for the holder of any class E, G or H license, no licensee under this chapter or any agents or employees of such licensee shall employ or suffer or permit any minor to loiter in the licensed premises, except that the holder of any class D license may serve alcoholic liquor for consumption on the premises in the presence of minors, provided that such service shall be in a room other than that where the bar is located and that such minors shall be accompanied by a responsible adult. A minor may enter any portion of the restaurant premises other than a room where liquor is served, even though not accompanied by a responsible adult.
(d) No minor shall enter, loiter or in any way be on the premises licensed under this chapter, except the following:
(1) On the premises of a class E, G or H license holder or as may be allowed in subsection (a)(2) or (c) of this section.
(2) A performing member of a musical band or group during the time of performance and during the setup and takedown time of the musical instruments, provided that during the period of performance the minor remains on the performing platform. For the purposes of this subsection, the performing member may be a singer or one playing a musical instrument, but does not include a technician.
(Code 1976, § 3-19; Ord. No. 03-9, § 2, 2-24-03; Ord. No. 07-38, § 2, 8-28-07)
State law references: Similar provisions, 235 ILCS 5/6-16.
Sec. 10-8. Penalty for violation of chapter.
Except as otherwise provided in this chapter, any person violating any provision of this chapter shall be fined according to the provisions of section 1-5 of this Code.
(Code 1976, § 3-21; Ord. No. 97-25, § 1, 10-27-97)
Secs. 10-9– 10-30. Reserved.
ARTICLE II. ------------
Cross references: Licensing generally, § 22-26 et seq.
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Sec. 10-31. Required.
It shall be unlawful to sell or offer for sale at retail in the city any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.
(Code 1976, § 3-2)
Sec. 10-32. Application.
Applications for retail liquor dealer's licenses shall be made to the mayor in writing, signed by the applicant if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
(1) 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 thereof; 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 in interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person.
(2) The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
(3) The character of business of the applicant; and in the case of a corporation, the objects for which it was formed.
(4) The length of time that such applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
(5) The amount of goods, wares and merchandise on hand at the time application is made.
(6) The location and description of the premises or place of business which is to be operated under such license.
(7) A statement whether the applicant has made similar application for a similar license on premises other than described in this application, and the disposition of such application.
(8) A statement 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 this chapter, laws of this state or the ordinances of this city.
(9) Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reasons therefor.
(10) 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 city, in the conduct of his place of business.
(11) All information required in 235 ILCS 5/7-1.
(Code 1976, § 3-3)
Sec. 10-33. Applicants ineligible to be licensed.
No license under this article shall be issued to:
(1) A person who is not a resident of the city, except in the case of railroad or boat licenses.
(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, unless the state liquor control commission 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.
(5) A person who has been convicted of being the keeper of 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 article or under the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), as amended, has been revoked for cause.
(8) A person who at the time of application for renewal of any license issued under this article would not be eligible for such license upon a first application.
(9) A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license under this article.
(10) A corporation, if any officer, manager or director thereof, or any stockholders owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license under this article for any reason other than citizenship and residence within the city.
(11) A corporation unless it is incorporated in the state, 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 the state.
(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 the ordinance from which this chapter derives, 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, any mayor, alderman, or member of the city council, 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 a 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.
(16) A person who is not a beneficial owner of the business to be operated by the licensee.
(17) A person who has been convicted of a gambling offense as proscribed by any provision of 720 ILCS 5/28-1(a)(3)– (a)(10), or as proscribed by 720 ILCS 5/28-3, or as proscribed by a statute replaced by any of the aforesaid by statutory provisions.
(18) A person to whom a federal wagering stamp has been issued by the federal government for the current tax period.
(19) A copartnership 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 wagering stamp by the federal government for the current tax period.
(20) A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20 percent of the stock of such corporation has been issued a federal wagering stamp for the current tax period.
(21) Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period.
(Code 1976, § 3-4; Ord. No. 91-37, § 1(3-4), 11-25-91)
State law references: Persons ineligible to be licensed, 235 ILCS 5/6-2.
Sec. 10-34. Refusal to issue.
The mayor may refuse the issuance or renewal of a license under this article where the charge for any utility services provided to the premises or any real estate tax, realtor's occupation tax or any other tax or any fee or license due the city from the premises has not been paid.
(Code 1976, § 3-4.1)
Sec. 10-35. Reserved.
Editor's note: Ord. No. 06-31, adopted July 10, 2006, repealed § 10-35, which pertained to bond required and derived from § 3-5 of the 1976 Code; Ord. No. 03-9, § 3, 2-24-03.
Sec. 10-36. Prorating fee.
Each license issued under this article shall terminate on the second Monday in May next following its issuance. The fee to be paid for such license shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of such license.
(Code 1976, § 3-6)
Sec. 10-37. Classification, fees.
(a) Licenses issued under this article shall be and are hereby divided into five classes, as follows:
(1) Class A licenses, which shall authorize the retail sale on the premises as well as other retail sales of such liquor. The annual license fee for such license shall be $500.00. Provided, that the number of class A licenses issued in the city shall be limited to two.
(2) Class B licenses, which shall authorize the sale at retail of alcoholic liquor in the original package therein and not for consumption on the premises where sold. The annual fee for such license shall be $400.00. Provided, that the number of class B licenses issued in the city shall be limited to one.
(3) Class C licenses, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other such retail sales of liquor. Class C licenses shall be issued only to clubs as the term "club" is defined in 235 ILCS 5/1-3.24. The annual fee for such license shall be $400.00. Provided, that the number of class C licenses issued in the city be limited to three.
(4) Class D licenses, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor, but only in conjunction with the operation of a restaurant with a seating capacity of over 75 patrons. The annual license fee shall be $500.00.
(5) Class E licenses, which shall authorize the retail sale of beer and wine only for consumption on the premises, but only in conjunction with the operation of a restaurant with a seating capacity of over 50 patrons. The annual license fee shall be $500.00.
(6) Class F licenses, which shall authorize the retail sale of alcoholic liquors for consumption on the premises specified, for special events only, only to a special event retailer as defined in 235 ILCS 5/1-3.17.1. The fee for such license shall be $25.00 per special event. Each separate special event must be specifically authorized by the liquor commissioner after authorization is applied for by the license holder. Each special event application shall be filed at least 48 hours before the event is to be held, and each special event license shall specify the hours during which the license shall be valid; in no event shall any special event license be valid for more than one event in any one 24-hour period, nor shall any such license be issued for more than 12 hours' duration.
(7) Class G licenses, which shall authorize the retail sale of alcoholic liquors for consumption on the premises specified, but only in conjunction with the operation of a golf course. The annual license fee shall be $500.00.
(8) Class H licenses, which shall authorize the retail sale of beer and wine only in the original package therein and not for consumption on the premises where sold. The annual fee for such license shall be $400.00 provided, that the number of class H licenses issued by the city shall be limited to three.
(b) If the holder of a class A, B or C license under this section qualifies for and obtains a class D license, that holder's former license shall be immediately withdrawn and the limit of licenses of that type issued by this city shall be reduced by one for each such license so withdrawn.
(Code 1976, § 3-7; Ord. No. 03-9, § 4, 2-24-03; Ord. No. 04-26, § 1, 7-29-04; Ord. No. 07-10, § 1, 4-10-07; Ord. No. 07-37, § 1, 8-14-07)
Sec. 10-38. Disposition of fees.
All license fees under this article shall be paid to the mayor at the time the application is made and shall be forthwith turned over to the city treasurer. If the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, then the fee shall be deposited in and become a part of the salary fund of the city.
(Code 1976, § 3-8)
Sec. 10-39. Location restrictions.
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 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 the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
(Code 1976, § 3-16)
Sec. 10-40. Consumption on premises.
It shall be unlawful for anyone having a class B license or for anyone not licensed so to do in accordance with the provisions of this chapter to sell or offer for sale any alcoholic liquor for consumption on the premises where sold, or to permit alcoholic liquor to be consumed on the premises where sold.
(Code 1976, § 3-9)
Sec. 10-41. Transfer of license.
A license shall be purely a personal privilege good for not to exceed one year after issuance unless sooner revoked, 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 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 liquors, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the 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 months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.
(Code 1976, § 3-11)
Sec. 10-42. Change of location.
A retail liquor dealer's license shall permit the sale of alcoholic liquor in 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, this Code and other ordinances of the city.
(Code 1976, § 3-12)
Sec. 10-43. Revocation; fines.
The mayor may revoke or suspend any license issued by him under this article if he determines that the licensee has violated any provisions of any state law pertaining to the sale of alcoholic liquor or any valid ordinance or resolution enacted by the city council for the city or any applicable rule or regulation established by the mayor or state commission which is not inconsistent with law. In addition to the suspension, the mayor may levy a fine on the licensee for such violation. The fine imposed shall not exceed $1,000.00 for each violation; each day on which a violation continues shall constitute a separate violation. Not more than $10,000.00 in fines under this section may be imposed against any licensee during the period of his license.
(Code 1976, § 3-20; Ord. No. 97-25, § 2, 10-27-97)
Sec. 10-44. Records; notice.
The mayor shall keep or cause to be kept a complete record of all retail liquor dealer's licenses issued by him; and shall furnish the clerk, treasurer, and chief of police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the mayor shall give written notice of such action to each of these officers within 48 hours of such action.
(Code 1976, § 3-10)
IN GENERAL
LICENSES*