Chapter 5-06
ALCOHOLIC BEVERAGES
Sections:
5-06-030 Liquor control commissioner.
5-06-090 Conditions of license.
5-06-135 Retail sales near churches, schools, etc.
5-06-145 Nuisances—Hours of operation of businesses operating as a public accommodation.
5-06-170 Display of warning required.
5-06-180 Consumption of alcoholic liquors on the public way.
5-06-210 On-the-record hearings.
5-06-010 Definitions.
All the words and phrases used in this chapter shall have the meaning accorded to such words and phrases in the Act of the General Assembly entitled “An Act relating to Alcoholic Liquors approved January 31, 1934,” and amendments thereto.
Alcoholic Liquor. “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, except medicine being taken pursuant to prescription. (Ord. 2253 § 1, 1981; prior code § 5-2-1)
5-06-020 Licenses required.
It is unlawful to sell or offer for sale at retail any alcoholic liquor without having a retailers’ license and a valid current business license issued by the city pursuant to Chapter 5-02 of this code, or in violation of the aforesaid Act of the General Assembly or the terms of the licenses issued. (Ord. 3454 § 1, 2022; prior code § 5-2-2)
5-06-030 Liquor control commissioner.
A. In accordance with the aforesaid Act, the mayor is appointed local liquor control commissioner and the clerk is appointed his assistant with power to collect all license fees and the local liquor control commissioner shall have all the power that is given to him under Article 4 of aforesaid Act of the General Assembly, except as otherwise provided in this chapter.
B. The liquor control commissioner shall prepare and maintain a current list of all liquor licenses issued, the name of the license holder, the type of license issued and the address of the licensed premises, which list shall be available for public inspection.
C. In the event that there are pending applications for liquor licenses but there are an insufficient number of allowable licenses under Section 5-06-160, the liquor control commissioner shall provide the city council with the following information with respect to each and every pending application:
1. The name and address of the applicant;
2. The address of the premises for which the license is sought;
3. Class of license applied for;
4. The date that a background check was initiated;
5. The date that the background check was completed and received; and
6. A copy of the background check. (Ord. 2612 § 1, 1989: prior code § 5-2-3)
5-06-040 Application.
Applications for a retailers’ license for the sale of alcoholic liquors shall be made to the clerk as assistant to the local liquor control commissioner and said application shall be sworn to and in conformity with the provisions of the aforesaid Act of the General Assembly and any applicant not qualified under the terms of the aforesaid Act shall be refused license hereunder. New applicants must be at least thirty-five (35) years of age in order to make the application, and shall pay to the city a nonrefundable application fee of two thousand dollars ($2,000.00) to cover administrative costs in processing the initial application. The application fee required under this section shall be imposed upon any persons making application for a new license on or after January 1, 1989. Renewal applicants must pay a nonrefundable two hundred fifty dollar ($250.00) license application fee. (Ord. 3359, 2017: Ord. 3316 § 2 (part), 2015; Ord. 2910 § 5 (Par. C.) 1995; Ord. 2592 § 1, 1988: prior code § 5-2-4)
5-06-050 Term.
Each and every license granted hereunder shall terminate on the thirty-first day of October next following its issuance on the first day of November and there shall be no prorating. No temporary licenses may be issued to any applicant. In the event that a liquor license is terminated for any reason, the number of liquor licenses authorized to be issued pursuant to Section 5-06-160 of this code shall be automatically decreased by the number of terminated licenses. Thereafter, the number of licenses may only be increased by the council in the manner provided in Section 5-06-160 of this code. (Ord. 3221 § 2, 2009; Ord. 2612 § 2, 1989: prior code § 5-2-5)
5-06-060 Classification—Fees.
The retailers’ licenses shall be and are divided into the following classes:
A. Class “A” retailers’ license shall authorize the licensee to sell all kinds of alcoholic liquors for consumption on the premises only.
B. Class “B” retailers’ license shall authorize the licensee to sell beer or wine only in packages and not for consumption on the premises where sold.
C. Class “C” retailers’ license shall authorize the licensee to sell beer and wine for consumption only on the premises where sold.
D. Class “D” retailers’ license shall empower the licensee to sell all alcoholic liquors only in packages and not for consumption on the premises where sold.
E. Restaurant license class “A” shall authorize the licensee to sell beer or wine only, for consumption on the premises, the same to be sold only with meals.
F. Restaurant license class “B” shall authorize the licensee to sell all alcoholic liquors, for consumption on the premises, the same to be sold only with meals.
G. The annual fee for license classes shall be two thousand two hundred fifty dollars ($2,250.00).
H. Club licenses shall authorize the licensee to sell alcoholic beverages of all kinds subject to the provisions of the aforesaid Act of the General Assembly and subject to qualification as a “club” as defined by the aforesaid Act. The annual fee for such license shall be predicated upon the number of members of each such club in accordance with the following:
|
1 to 299 people |
= $400.00 |
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300 to 399 people |
= $600.00 |
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400 to 499 people |
= $800.00 |
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500 and up |
= $1,000.00 |
(Ord. 3316 § 2 (part), 2015; Ord. 3221 §§ 3, 4, 2009; Ord. 2502 § 1, 1987; Ord. 2455 § 2, 1986: prior code § 5-2-6)
5-06-070 Payment of licenses.
Every applicant for a license shall, at the time of making application, pay to the clerk the annual fee required in this chapter; failing to pay said fees may result in all rights under this license to be forfeited. The license fee provided for herein shall include the regular license fee for the sale of cigarettes, (but shall not include a license for the sale of cigarettes from cigarette dispensing machines) cigars, tobacco, lunches and meals. (Ord. 3316 § 2 (part), 2015; prior code § 5-2-7)
5-06-080 Nature of licenses.
No license granted hereunder shall create a vested interest but shall be of a similar nature as the state license issued under the aforesaid Act. (Prior code § 5-2-8)
5-06-090 Conditions of license.
Every licensee hereunder shall agree at all times to abide by the laws of the federal government, the state government and the local government or any amendments that may be passed from time to time. (Prior code § 5-2-9)
5-06-100 Renewal of licenses.
Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purposes, and provided further that the renewal privilege provided for shall not be construed as a vested right which shall in any case prevent the liquor commissioner from decreasing the number of licenses to be issued within his jurisdiction. (Prior code § 5-2-10)
5-06-110 Change of location.
No change of location shall be permitted without the consent and approval of the liquor commissioner. (Prior code § 5-2-11)
5-06-120 Transfer of license.
No transfer of licensees issued hereunder shall be permitted. (Prior code § 5-2-12)
5-06-130 Location.
No license shall be granted to any person, firm or corporation at a location in violation of the aforesaid Act of the Assembly or in any area of the city zoned for residential use. (Prior code § 5-2-13)
5-06-135 Retail sales near churches, schools, etc.
No license shall be issued for the sale at retail of any alcoholic liquor within two hundred fifty (250) 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 hotels offering restaurant service, regularly organized clubs, or to restaurants, or other places where sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within two hundred fifty (250) feet but not less than one hundred (100) feet of any church or school where such church or school has been established within such two hundred fifty (250) feet since the issuance of the original license. In all cases the distances provided for in this section shall be measured from property line to property line. 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.
Notwithstanding the provisions contained in Chapter 235 of the Illinois Compiled Statutes Section 5/6-11, this section of the Municipal Code of the city shall supersede Chapter 235 Illinois Compiled Statutes 5/6-11 within the corporate limits of the city. (Ord. 2938 § 1, 1995)
5-06-140 Prohibited hours.
A. Except as provided in subsection C of this section, any person licensed under the provisions of this chapter as a retailer of alcoholic liquor or operating a facility of public accommodation, other than those licensed to sell liquor in package lots and not for consumption on the premises to be dealt with in subsection C of this section, may only sell, permit to be sold, or give away alcoholic liquor during the following days and times:
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Day: |
Hours: |
|---|---|
|
Monday—Friday |
8 a.m.—midnight |
|
Saturday |
8 a.m.—midnight |
|
Sunday |
Noon—midnight |
B. During such prohibited hours of sale every location, place or premises where alcoholic liquor may be sold at retail shall be kept closed and no person other than the licensee or an employee or a member of the immediate family of the licensee shall be permitted to remain therein. All doors directly opening into or out of such location, place or premises for ingress thereto or egress therefrom shall be securely locked during the prohibited hours of sale. The provisions of this section relating to the closing of the premises and the locking of doors shall not apply to restaurants and hotels licensed as food dispensers; provided, that nothing herein contained shall permit the sale or giving away of any alcoholic liquor at any such restaurant or hotel during the prohibited hours of sale.
C. Hours for the Sale of Alcoholic Liquors in Package Lots. Any person licensed under the provisions of this chapter as a retailer of alcoholic liquor to be sold in package lots and not for consumption on the premises may only sell, permit to be sold, or give away any alcoholic liquor in package lots and not for consumption on the premises during the following days and times. The license may remain open during other hours to sell other products or carry out other operations unless otherwise limited by law or ordinance.
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Day: |
Hours: |
|---|---|
|
Monday—Friday |
8 a.m.—11 p.m. |
|
Saturday |
8 a.m.—11 p.m. |
|
Sunday |
1 p.m.—11 p.m. |
Notwithstanding the provisions contained in Chapter 235 of the Illinois Compiled Statutes Section 5/6-11, these sections shall supersede Chapter 235 Illinois Compiled Statutes 5/6-11 within the corporate limits of the city. (Ord. 3376 § 3 (part), 2019: Ord. 2942 §§ 2, 3, 1995; Ord. 2546 § 1, 1988: Ord. 2004 § 1, 1974: prior code § 5-2-14)
5-06-145 Nuisances—Hours of operation of businesses operating as a public accommodation.
A. No business licensed or not operating as a public accommodation shall be so conducted or operated as to amount to a nuisance in fact.
B. No business operating as a public accommodation that sells, serves or permits alcoholic liquor to be consumed, either on premises or off premises, shall be open to the public or otherwise serve patrons between the hours of midnight and eight a.m. In addition to being in violation of this code, any such business found operating between the hours of midnight and eight a.m. shall also constitute a public nuisance. In addition to all other remedies available at law or in equity, including, without limitation, imposing penalties in accordance with Section 5-02-170, the city may take any action authorized by law to abate such nuisance. (Ord. 3377 § 2, 2019)
5-06-150 Number of licenses.
The council may from time to time determine the number of licenses of each class to be issued. The total number of all liquor licenses, regardless of class or kind, to be issued by the local liquor control commissioner within his jurisdiction shall be limited to fifty-seven (57) licenses, and the number of such liquor licenses so issued by him shall not exceed fifty-seven (57) in number. (Ord. 2610 § 1, 1989: Ord. 2546 § 2, 1988: Ord. 2383 § 1, 1985: Ord. 2187, 1980: Ord. 2114A, 1977: Ord. 1821, 1968: prior code § 5-2-16)
5-06-160 Sale or gift to certain persons prohibited and purchase or acceptance by certain persons prohibited.
A. No licensee or 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 an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall give, sell or deliver such alcoholic liquor to another person under the age of twenty-one (21) years.
B. 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 alcoholic liquor in his possession.
C. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage 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.
D. 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 information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person under twenty-one (21) years of age is forbidden. (Ord. 2044 § 1, 1975: prior code § 8-2-1)
5-06-170 Display of warning required.
A. Every tavern, drug store or other place where alcoholic liquor is sold for beverage purposes shall display at all times in a prominent place a printed card which shall be issued by the clerk and which shall read substantially as follows:
WARNING TO MINORS
You are subject to a fine up to $200.00 under the provisions of the City Code, if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.
B. No holder of a retail liquor dealer’s license, or his agent or employee, shall suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place in which such licensed premises is located; provided, that this section shall not apply to any minor who is accompanied by his parent or guardian, or to any licensed premises which derives its principal business from the sale of service or commodities other than alcoholic liquor.
C. Any parent or guardian who shall knowingly suffer or permit any minor child of which he may be the parent or guardian to violate any provision of this chapter shall be deemed guilty of a misdemeanor. (Prior code § 8-2-3)
5-06-180 Consumption of alcoholic liquors on the public way.
A. It is unlawful for anyone to taste, drink or consume alcoholic liquors on any public street, highway, sidewalk, or public way.
B. Anyone found guilty of violating this provision shall be fined not less than twenty-five dollars ($25.00) or more than two hundred dollars ($200.00). (Ord. 3203 § 4, 2008: Ord. 2253 §§ 2, 3, 1981)
5-06-190 Penalties.
Anyone found guilty of violating any provision of this chapter, other than Section 5-06-180 of this code, shall be fined two thousand five hundred dollars ($2,500.00) for the first offense, five thousand dollars ($5,000.00) for the second offense, and ten thousand dollars ($10,000.00) for the third or more offense. This penalty shall be in addition to any other penalty provided under the municipal code or state statutes. (Ord. 3375 § 1, 2019: Ord. 3203 § 5, 2008)
5-06-200 Right to appeal.
A liquor license holder has a right to appeal any final action taken by the local liquor control commissioner regarding a holder’s eligibility to maintain and hold a liquor license within the city to the State Liquor Control Commission to the extent under and in the manner provided for under Article 7 of the aforesaid Act of the General Assembly. (Ord. 3393 § 2 (part), 2020)
5-06-210 On-the-record hearings.
A. All proceedings before the local liquor control commissioner relative to a violation of this chapter shall be recorded by a certified court reporter or a certified shorthand reporter. If the local liquor control commissioner finds a violation of this chapter, the license holder shall pay the costs of the court reporter or certified shorthand reporter in addition to any fine, nonrenewal, suspension, or revocation imposed by the local liquor control commissioner.
B. All appeals of any order of the local liquor control commissioner to the State Liquor Control Commission shall be limited to a review of the record of the proceedings before the local liquor control commissioner. A certified official record of the proceedings shall be prepared by a certified court reporter or a certified shorthand reporter. The cost of the transcript of the proceedings before the local liquor commission shall be paid by the license holder for any appeal. (Ord. 3393 § 2 (part), 2020)