Chapter 111 Alcoholic Beverages

(1) A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used, and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing, and serving food and meals for its members and their guests; provided that such club files with the Local Liquor Control Commissioner at the time of its application for a license under this chapter two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member his or her 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 any officer, agent, or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. (ILCS Ch. 235, Act 5, § 1-3.24)

(2) The status of a particular business as a CLUB as defined herein shall be relevant to whether such entity qualifies for a Class C club license under § 111.47, but shall not be construed as being relevant to qualification for a Class B supper club license under § 111.46.

COCKTAIL LOUNGE. Any public place kept, used, maintained advertised and held out to the public as a place operated in connection with, but separate and apart from a restaurant, hotel, or motel, as described in this section.

HOTEL. 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 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures, being provided with adequate and sanitary kitchen and dining room equipment and capacity. (ILCS Ch. 235, Act 5, § 1-3.25)

RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen, 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. (ILCS Ch. 235, Act 5, § 1-3.23)

RETAIL SALE. The sale for use or consumption, and not for resale.

SALE. Any transfer, exchange, or barter in any manner or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee. The term SALE includes any transfer of alcoholic liquor from a foreign importer’s license to an importing distributor’s license even if both licenses are held by the same person. (ILCS Ch. 235, Act 5, § 1-3.21)

(’81 Code, § 19.01) (Res. 1989-1, passed 4-10-89; Am. Ord. 2006-15, passed 12-11-06)

111.02 PEDDLING ALCOHOLIC BEVERAGES PROHIBITED.

No person shall peddle alcoholic liquor in the city.

(’81 Code, § 19.13) Penalty, see § 10.99

111.03 UNLAWFUL POSSESSION OR CONSUMPTION.

(A) It shall be unlawful for any person or persons to drink any intoxicating liquors in any public street, alley, lane, avenue, public square, vacant lot or any unoccupied building except and unless such public place is a licensed location. It shall be unlawful for any person or persons to be found in a state of intoxication or drunkenness in any public place, or open to public view. (’81 Code, § 22.17) (Am. Ord. 1988-1, passed 3-28-88)

(B) No person having a license for the retail sale of alcoholic liquor but not for consumption on the premises shall permit any person to consume any liquor on premises where sold. (’81 Code, § 19.09)

(C) It will be unlawful to possess or consume alcoholic beverages at a licensed location unless that alcoholic beverage is purchased at that licensed location. This applies to all licenses issued by the city. (Ord. 1988-1, passed 3-28-88) Penalty, see § 10.99

111.04 OPEN CONTAINERS.

It shall be unlawful for any person or persons to possess any container which is open or has been opened and contains intoxicating liquor in any public place including, but not limited to, street, alley, lane, avenue, public square, park vacant lot, parking lot, or any unoccupied building or residence except and unless such public place is a licensed location.

(Ord. 1988-1, passed 3-28-88) Penalty, see § 10.99

111.05 LIQUOR CONTROL COMMISSION.

The Mayor shall appoint two Aldermen and two private citizens of the city, to assist him in the exercise of the powers and the performance of the duties enjoined upon him as Liquor Control Commissioner, under the Illinois Compiled Statutes, in such case made and provided. In all cases, applications for licenses under this chapter shall be presented to the City Council for approval, which shall require a two-thirds vote of the members thereof.

(’81 Code, § 19.02)

111.06 REPORTING OF INCIDENTS TO POLICE; PHONE ON PREMISES.

(A) Each licensee and each of his agents and employees shall promptly report to the Lewistown Police Department any incident occurring on or about the licensed premises in his knowledge or view which is prohibited by any ordinance of the city or law of the state of Illinois or the United States, and shall truthfully and fully answer all questions and investigations of any identified police officer who makes inquiry concerning any persons in or about the licensed premises, and any events taking place in and about the licensed premises and cooperate fully in any such investigation including the giving of any oral or written statements at such reasonable locations to any police officer engaged in said investigation.

(B) Each licensee shall maintain on each licensed premises not less than one telephonic communication device in operating order, which device must be within the easy access of the bartender or other responsible person in charge of the premises at all times, for the purpose of reporting to the Lewistown Police Department incidents occurring on or about the licensed premises.

(Ord. 2010-2, passed 1-26-10)

LICENSING PROVISIONS

111.15 LICENSE APPLICATION.

(A) Applications for such license 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.

(B) The application 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 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 objects for which it was organized, the name 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 case of a corporation, the objects for which it was organized.

(4) The length of time the 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 places of business which is to be operated under such license.

(7) A statement whether applicant has made similar application for a similar other 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 things contained in this code or the laws of the state.

(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 nation or any ordinance of the city in the conduct of his place of business.

(’81 Code, § 19.03)

111.16 RESTRICTION ON LICENSES.

No liquor license shall be issued to:

(A) A person who is not of good character and reputation in this community.

(B) A person who is not a citizen of the United States.

(D) A person who has been convicted of being the keeper 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 and morality.

(F) A person whose license issued under this chapter has been revoked for cause.

(G) A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.

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

(I) A corporation, if any officer, manager or director thereof or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship.

(J) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee.

(K) 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 1934, or shall have forfeited his bond to appear in court to answer charges for any such violation.

(L) A person who does not own the premises for which a license is sought, or who does not have a lease thereon for the full period for which the license is to be issued.

(M) Any law enforcing public official, Mayor of the city, any member of the City Council or any Mayor, Chairman or member of the County Board of the county; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

(N) Any person, association or corporation not eligible for a state retail liquor dealer’s license.

(O) Any person or entity in default or otherwise not current in the repayment of any obligation(s) under a tax increment financing (TIF) loan agreement or similar loan agreement at the time of application for license or renewal.

(’81 Code, § 19.05) (Ord. 2019-6, passed 6-25-19)

111.17 PAYMENT OF FEES; TERMINATION OF LICENSE.

License fees are payable quarterly in advance. Each license shall terminate on the April 30 following its date of issue. The fee to be paid shall be reduced in proportion to the full calendar months, which have expired in the year prior to the issuance of the license.

(’81 Code, § 19.06)

111.18 CLASSIFICATION OF FEES; DISPOSITION.

(A) The classification of licenses and the license fee for each such class shall be established by ordinance. (’81 Code, § 19.07)

(B) All license fees shall be paid to the City Clerk at the time application is made, and shall immediately be turned over to the Treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the City Council. (’81 Code, § 19.08) (Am. Ord. 2006-15, passed 12-11-06)

111.19 LICENSE REGISTER.

The Mayor shall keep a list, or cause a list to be kept, containing a full and complete record of all such licenses issued by him; and shall furnish the Clerk, Treasurer and Chief of Police 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.

(’81 Code, § 19.10)

111.20 TRANSFER; RENEWAL.

(A) A license shall be purely a personal privilege, effective for not to exceed one year after issuance, unless sooner revoked as in this chapter 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 or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor, under the order of the probate 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 no longer than six months after the death, insolvency or bankruptcy of such licensee. A refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.

(B) Any licensee may renew his or her license at the expiration thereof, provided that:

(1) He or she is then qualified to receive a license;

(2) The premises for which such renewal license is sought are suitable for such purpose; and

(3) The licensee has continuously operated the business for which the license is issued during the preceding license period through the date of renewal.

(C) Cessation of business activity for a period in excess of one week shall create a rebuttable presumption of abandonment of the license. If cessation of business is for a legitimate business purpose such as remodeling of facilities or a temporary shutdown of operations to afford management and employees vacation time, advance notice not less than 14 days prior to the first day of cessation of operations shall be given to the liquor commission of the dates of the proposed shutdown and the reason therefor.

(D) The renewal privilege herein provided for shall not be construed as a vested right which may in any case prevent the Mayor and City Council from decreasing the number of licenses to be issued within the city limits.

(’81 Code, § 19.11) (Am. Ord. 2006-15, passed 12-11-06)

111.21 CHANGE OF LOCATION.

A retail liquor dealer’s license shall permit the sale of alcoholic liquor only 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 laws of this state and this chapter.

(’81 Code, § 19.12)

111.22 LIMITATION UPON NUMBER ISSUED.

The City Council shall from time to time determine by resolution the number of licenses for the sale of intoxicating liquor that may be issued in the city.

(’81 Code, § 19.20) (Res. passed 5-16-94; Am. Ord. 2016-9, passed 8-23-16)

111.23 REVOCATION OR SUSPENSION OF LICENSE.

The Mayor may revoke or suspend any retail liquor dealer’s license for violation of any provision of this chapter, or for any violation of any state law pertaining to the sale of alcoholic liquor; provided that the provisions of ILCS Ch. 235, Act 5, § 7-6 shall be followed concerning any revocation.

(’81 Code, § 19.19) (Am. Ord. 2006-15, passed 12-11-06)

STANDARDS OF OPERATION

111.30 COUNCIL TO REGULATE CONDUCT OF BUSINESS.

The City Council shall from time to time provide by resolution such regulations concerning the conduct of business in premises licensed for the sale of alcoholic liquor for consumption upon the premises as may be necessary for the proper regulation thereof, which the resolution shall be in full force and effect and have the effect of an ordinance ten days after publication.

(’81 Code, § 19.23)

111.31 RESTRICTED LOCATION.

No license shall be issued to any person for the sale at retail of any alcoholic liquor within 100 feet of any private residence, church, school, hospital, funeral home, home for aged or indigent persons or veterans, their wives or children or any military or naval station, measured from building to building. Apartments are excluded from the definition of private residence if they are located within buildings currently used as liquor establishments. 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 adoption of the restrictions of this section.

(’81 Code, § 19.16) Penalty, see § 10.99

111.32 CLOSING HOURS.

(A) No person shall sell, or offer for sale at retail, any alcoholic liquor in the city between the hours of 12:01 a.m. and 6:00 a.m. of any day, or at any time upon the first day of the week, commonly known as Sunday; except that any current liquor license holder may be issued a Sunday liquor license upon the following terms and conditions:

(1) The annual fee for the Sunday liquor license shall be $400.

(2) Operating hours for a Sunday liquor license shall be from 1:00 p.m. to 12:00 midnight on the first day of the week, commonly known as Sunday.

(3) That no Sunday liquor license shall issue unless the applicant is the holder of a current liquor license issued by the city.

(B) No person, other than the holder of a Sunday liquor license, shall keep open for business or admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of liquor is prohibited. In the case of restaurants, clubs and hotels 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.

(’81 Code, § 19.17) Penalty, see § 10.99

111.33 SANITARY CONDITIONS; HEALTH REQUIREMENTS.

(A) All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be with the ordinances regulating the condition or premises used for the storage or sale of food for human consumption. (’81 Code, § 19.14)

(B) No person shall 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. No person who is afflicted with or is a carrier of any such disease shall work in or about any premises, or engage in any way in the handling, preparation or distribution of liquor. (’81 Code, § 19.15)

Penalty, see § 10.99

111.34 CLEAR VIEW FROM STREET REQUIRED.

In premises in which the sale of alcoholic liquor for consumption upon the premises is licensed (other than 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; 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. All rooms where alcoholic 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 licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee, or by him wilfully suffered to be obscured or in any manner obstructed, such license shall be subject to revocation in the manner provided in this chapter. In order to enforce the provisions of this section, the Mayor shall have the right to require the filing with him of plans, drawings and photographs showing the clearness of the view as above required.

(’81 Code, § 19.18) Penalty, see § 10.99

111.35 REGULATIONS APPLICABLE TO MINORS.

(A) Sale of alcoholic beverages to minors. The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious duty or ceremony or the consumption by a minor under the direct supervision and approval of the parent or parents of such minor in the privacy of the home, is not prohibited by this chapter. (’81 Code, § 19.22)

(B) Possession or consumption by minors. No person under the age of 21 years shall have in his possession or consume any alcoholic liquor as hereinabove defined. That no person shall give or make available to any such person under the age of 21 years any such alcoholic liquor to be consumed by the person under the age of 21 years. (’81 Code, § 19.21)

Penalty, see § 10.99

111.36 OUTDOOR EVENTS.

(A) Outdoor events on premises.

(1) Any licensee properly licensed under this chapter to sell alcoholic liquor for consumption upon the premises may, upon successful application to the City of Lewistown, hold up to three outdoor events upon the licensed premises per calendar year, subject to the requirements of division (A)(2) of this section. Outdoor events may include the sale and consumption of alcoholic liquor as well as live or recorded music. All outdoor event permits issued under this division (A) shall be valid for the date specified and for a period of time not to exceed the licensee’s operating hours as set forth in this chapter, except that all live or recorded music must stop not later than 11:00 p.m. Applications shall be submitted to the City of Lewistown not less than 14 days prior to the date of the proposed outdoor event.

(2) Upon application to the City of Lewistown under this division (A), the applicant must provide all of the following:

(a) Proof of liability insurance and confirmation that said liability insurance extends to any outdoor events held upon the insured premises;

(b) A perimeter fence with not more than one entrance to the outdoor area of the premises where the outdoor event is to occur which is manned by the licensee or its agent(s); provided, that emergency exits shall be made available as required by state and federal law, as applicable. The perimeter fence shall be constructed of, at minimum, temporary snow fencing, or its equivalent, of not less than four feet in height and supported not less than every ten feet; and

(3) The City of Lewistown may deny any application from any applicant for any reason. Any applicant who is found to be in violation of any provision of this section shall be subject to the revocation or suspension of its liquor license as set forth in § 111.23.

(4) Independent permits.

(a) Any licensee properly licensed under this chapter whose facility is held for rent, lease or periodic use by persons or entities other than said licensee for events which are charitable or held for the benefit of a person or organization independent of the licensee, may permit outdoor events upon the premises which shall not count against the licensee’s three outdoor event permits per calendar year as set forth in division (A)(1) of this section, subject to the conditions set forth in division (A)(4)(b) of this section. Outdoor events permitted under this division (A)(4) may include the sale and consumption of alcoholic liquor as well as live or recorded music. All outdoor event permits issued under this division (A) shall be valid for the date specified and for a period of time not to exceed the licensee’s operating hours as set forth in this chapter, except that all live or recorded music must stop not later than 11:00 p.m.

(b) Upon application to the City of Lewistown under this division (A)(4), the applicant must provide all of the following not less than 30 days prior to the date of the proposed event:

1. A statement setting forth the basis on which the applicant asserts that its outdoor event is being held for a charitable purpose or for the benefit of a person or organization independent of the licensee;

2. Proof of liability insurance issued to applicant and confirmation that said liability insurance extends to any outdoor events held upon the insured premises. Said permit may be granted conditionally upon said proof of insurance being produced after submission of the application but prior to date of the outdoor event;

3. A perimeter fence with not more than one entrance to the outdoor area of the premises where the outdoor event is to occur which is manned by the applicant or its agent(s); provided, that emergency exits shall be made available as required by state and federal law, as applicable. The perimeter fence shall be constructed of, at minimum, temporary snow fencing, or its equivalent, of not less than four feet in height and supported not less than every ten feet; and

4. An application fee of $20.

(B) Outdoor events extending to city streets.

(1) Any licensee properly licensed under this chapter to sell alcoholic liquor for consumption upon the premises may, upon successful application to the City of Lewistown, hold up to three outdoor events upon the premises and extending onto any portion of a city-owned street adjacent to the boundary of the premises subject to the conditions set forth in division (B)(2) of this section. The aforesaid outdoor events are in place of and not in addition to those outdoor events permitted in division (A) of this section. All outdoor event permits issued under this division (B) shall be valid for the date specified and for a period of time not to exceed the licensee’s operating hours as set forth in this chapter, except that all live or recorded music must stop not later than 11:00 p.m. and all persons in attendance at the outdoor event must be clear of any city-owned street not later than 12:00 a.m. Road barricades must be moved from any city-owned street by the licensee not later than 7:00 a.m. on the morning following the outdoor event. Applications shall be submitted to the City of Lewistown not less than 14 days prior to the date of the proposed outdoor event.

(2) Upon application to the City of Lewistown under this division (B), the applicant must provide all of the following, subject to approval of street closure by the City Council of the City of Lewistown:

(a) Proof of liability insurance with confirmation that said liability insurance extends to any outdoor events held upon the insured premises and confirmation from the licensee’s insurer that the City of Lewistown is held as an additional insured party for purposes of the outdoor event, including setup and teardown;

(c) Confirmation of professional private security personnel or off-duty law enforcement officers secured by the licensee for purposes of monitoring the outdoor event; and

(d) An application fee of $20.

(Ord. 2013-11, passed 11-12-13; Am. Ord. 2015-7, passed 8-11-15)

111.37 RESTRICTIONS ON WHO MAY SELL, SERVE AND DISPENSE.

No person under the age of 18 shall be permitted to sell, serve or dispense alcoholic liquor or be made responsible for age verification of customers. No person under the age of 21 shall be permitted to sell, serve or dispense alcoholic liquor or to be responsible for age verification of customers without first having attained the age of 18, participated in and successfully completed the Illinois Beverage Alcohol Sellers and Servers Education and Training (BASSET) program, and provided proof of completion to the City Administrator of the City of Lewistown.

(Ord. 2016-9, passed 8-23-16)

CLASSIFICATIONS OF LICENSES

111.45 CLASS A TAVERN LICENSE.

(A) Class A Liquor License authorizes the licensee to dispense alcoholic beverages on Monday through Saturday between the hours 7:00 a.m. and 12:00 midnight, except that no Class A license vendor shall sell or offer for sale at retail, any alcoholic beverage in the city, any time upon the first day of the week, commonly known as Sunday, unless the Class A liquor license has been amended by the city to a Class A-1, being 1:00 a.m., or A-2 license, being 2:00 a.m. closing, which may extend closing times on the first day of the week commonly known as Sunday.

(B) Fees.

(1) The annual fee for the license shall be $1,000.

(2) Classes A-1 and A-2 must be valid holders of a Class A license. The fee for Class A-1 shall be $250 in addition to the Class A license. The fee for Class A-2 shall be $350 in addition to the Class A license.

(Ord. 1989-1, passed 4-10-89; Am. Ord. 2006-15, passed 12-11-06)

111.46 CLASS B SUPPER CLUB/RESTAURANT LICENSE.

(A) Class B license shall authorize the retail sale of beer and wines, only, for consumption both on the premises and off the premises. The fee for Class B license shall be $800. Holders of Class B licenses shall be authorized to sell alcoholic beverages between the hours of 7:00 a.m. and 12:00 midnight.

(B) Class B-1 shall authorize the retail sale of alcoholic liquors, on the premises of any restaurant for consumption on premises. The fee for a Class B-1 license shall be $600. Holders of Class B-1 licenses shall be authorized to sell alcoholic beverages between the hours of 7:00 a.m. and 12:00 midnight.

(C) Class B-2 license shall authorize the retail sale of alcoholic liquors on the premises of any restaurant for consumption on premises and shall also authorize the sale of beer and wines, only, for consumption both on the premises and off premises. The fee for Class B-2 license shall be $1,000. Holders of Class B-2 licenses shall be authorized to sell alcoholic beverages between the hours of 7:00 a.m. and 12:00 midnight.

(D) All licenses for Class B and Class B-1 shall only be issued to businesses where 60% of gross sales are for food and nonalcoholic beverages.

(1) All license holders of Class B, B-1 and B-2 licenses being supper clubs and restaurants shall at the request of the liquor commission provide verified financial reports from a certified accountant or a tax preparer providing sufficient information and detail to establish that the gross sales of food and nonalcoholic beverages are in excess of 60% of the business’ gross sales;

(2) If a request is made by the liquor commission under division (D)(1) and the license holder fails to establish the minimum requirements of 60% of gross sales originating from food and nonalcoholic beverages the license may be suspended or revoked after a hearing before the liquor commission.

(’81 Code, § 19.26) (Res. passed 5-5-81; Am. Ord. 1989-1, passed 4-10-89; Am. Ord. 2004-14, passed 9-14-04; Am. Ord. 2005-10, passed 11-8-05; Am. Ord. 2006-13, passed 9-26-06)

111.47 CLASS C CLUB LICENSE.

(A) Class C club license shall authorize the retail sale of alcoholic liquors on the premises of any club for consumption on the premises. The provisions of division (B) of this section shall apply as to the issuance of any club license. Holders of Class C licenses shall be authorized to sell alcoholic beverages between the hours of 7:00 a.m. to 12:00 midnight, Monday through Sunday, unless the Class C liquor license has been amended by the city to a Class C-1, being a 2:00 a.m. closing Monday through Sunday.

(B) The Class C license holders shall be subject to all other rules, regulations and restrictions of all other liquor licenses issued under this code except as follows: the leasing of the premises occupied by the club to a third party, who desires to sell alcoholic liquors, shall require a separate license as provided for in this code.

(1) The annual fee for the Class C club license shall be $500.

(2) Holders of Class C-1 licenses must be valid holders of Class C licenses. The annual fee for a Class C-1 license shall be $350 in addition to the Class C license.

(’81 Code, § 19.25) (Res. passed 5-5-81; Am. Ord. 1989-1, passed 4-10-89; Am. Ord. 2006-15, passed 12-11-06; Am. Ord. 2010-13, passed 12-14-10)

111.48 CLASS D PACKAGE STORE LICENSE.

(A) Class D license shall authorize the retail sale of alcoholic liquors in packages for consumption off premises where sold. The fee for Class D license shall be $700. Holders of Class D licenses shall be authorized to sell alcoholic liquors in packages Monday through Sunday, between the hours of 7:00 a.m. and 12:00 midnight.

(B) Class D-1 license shall authorize the retail sale of beer and wine only, for consumption off premises and not for consumption on the premises where sold. The fee for a Class D-1 restricted package store license shall be $400 annually. Holders of Class D-1 restricted package store licenses shall be authorized to sell packaged beer and wine only Monday through Sunday, between the hours of 7:00 a.m. and 12:00 midnight.

(C) Subclass DD license shall authorize Class D or Class D-1 license holders to offer for tasting on the premises free samples of beverages to be sold by the licensee. Free samples shall not exceed two ounces in volume and must comply with all applicable liquor laws of the State of Illinois. The fee for a Subclass DD license shall be $25 per event per day. Subclass DD licenses shall only be available as a supplemental license for Class D or Class D-1 license holders.

(D) Subclass DD-1 license shall authorize Class D or Class D-1 license holders to host electronic gaming upon the licensed premises. However, said electronic gaming must be in an area separate and apart from the retail area and shall be maintained in compliance with the Video Gaming Act (230 ILCS 40/1 et seq.) and any other applicable state and federal statutes. Additionally, liquor sold pursuant to the license holder’s Class D or Class D-1 license may be consumed by individuals only while said individuals are within the area designated for electronic gaming and only during the hours authorized for the sale of alcoholic liquor. The fee for a Subclass DD-1 license shall be $400 in addition to the fee for the Class D or D-1 license.

(Ord. 1989-1, passed 4-10-89; Am. Ord. 2011-5, passed 6-28-11; Am. Ord. 2016-14, passed 11-8-16)

111.49 CLASS E SPECIAL EVENTS LICENSE.

Class E license may be isssued only to a club or organization organized under the laws of the state as not for profit. The license shall be valid for a period of 48 hours, consecutive, so specified on the license face and the specific dates shown thereon. No organization shall be issued more than three Special Events License per calendar year. A Class E license fee shall be $25 for each event. 7:00 a.m. to 12:00 midnight on the specific days represented on the face of the license.

(’81 Code, § 19.24) (Res. passed 5-5-81; Am. Ord. passed 11-17-81; Am. Ord. 1989-1, passed 4-10-89)

APPENDIX. LIQUOR LICENSE FORM.

Every retail liquor license issued by the Local Liquor Commissioner shall be as per the following forms:

	CITY OF LEWISTOWN
No. _________________	LIQUOR LICENSE	Class_________ $ __________
WHEREAS________________________________________________________________________________
address ___________________________________________________________________________________
having paid the necessary fee into the city treasury and having otherwise complied with ordinances of the City of Lewistown, Illinois, is hereby granted a license for the sale of
	ALCOHOLIC LIQUORS
within the jurisdiction of said city, subject to all laws and regulations now existing and hereinafter made in relation thereto, for the following period:
From __________________________ 19___ to ________________________________ 19___
In witness whereof, I have hereunto set my hand and affixed the seal of said city, this day of
____________, 19___.
Attest:
_____________________________		_____________________________
City Clerk		Local Liquor Commissioner
	This license not transferable.

(’81 Code, § 19.04)