Chapter 5.32 ALCOHOLIC LIQUOR SALES

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

A. “Alcoholic liquor” includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, containing over one-half of one percent of alcohol by volume, and capable of being consumed as a beverage by a human being.

B. “Bowling alley” means any establishment or building, or any part thereof, wherein the game of bowling or similar activity is played involving a ball and pins which are knocked over by the ball.

C. “Club” means a corporation organized under the laws of the state, and not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquor, which conforms to the definition of a club under the applicable provisions of the Illinois Compiled Statutes.

D. “Hotel” means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where meals, to include a breakfast of any type, are actually and regularly served and consumed and where sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which five or more rooms are used for the sleeping accommodations of such guests and having one or more public rooms where food is available to such guests, such sleeping accommodations and 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 eating rooms.

E. “Licensee” means any person, firm, corporation, partnership or club holding a license under the provisions of this chapter.

F. Motel. See “Hotel.”

G. “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.

H. “Restaurant” means any public place kept, used, maintained, advertised, and held out to the public to be a place where meals are served, and where meals are actually and regularly served, 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.

I. “Retail sale” means the sale for use or consumption and not for resale.

J. “Marina” means a business licensed to provide boat slips and boat parking alongside a navigable waterway within the village. As part of services provided by a marina, to boaters and the public, a marina may also have buildings and outdoor facilities to provide food and beverage to the public. (Ord. 2006-16 § 1, 2006; Ord. 99-04, 1999)

5.32.020 Local liquor control commissioner.

The village president is authorized to be the local liquor control commissioner and shall be charged with the administration of the Liquor Control Act, 235 ILCS 5, and of such ordinance and resolutions relating to alcoholic liquor as may be needed. The local liquor control commissioner may appoint, in writing, a person or persons to assist him in the exercise of the powers and performance of his duties. (Ord. 99-04, 1999)

5.32.030 License required.

It is unlawful to sell or offer for sale in the village any alcoholic liquor without having a license or in violation of the terms of such license. (Ord. 99-04, 1999)

5.32.040 Application.

A. Contents. Applications for such licenses shall be made to the local liquor control commissioner. Such applications shall be made in writing and shall be 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, as a minimum, the following information and statements. The local liquor commissioner may add any questions or statements to the application form that he feels necessary in order to process the application.

1. The name, date of birth, residence address and Social Security number of the applicant in the case of an individual; in the case of a club, the date of its incorporation, the objects for which it was organized, the names, dates of birth, residence addresses and Social Security numbers of its officers and directors; in the case of a partnership, limited partnership, corporation, limited liability corporation or other legal entity, the date of its organization or incorporation, the objects for which it was organized or incorporated, the name, date of birth, residence address and Social Security numbers of any person owning directly or beneficially any percentage of ownership therein; provided, however, that if the partnership, limited partnership, corporation, limited liability corporation or other legal entity is publicly traded within the meaning of the Securities Exchange Act of 1934, the names, dates of birth, residence addresses and Social Security numbers of all individuals who hold a five percent or greater interest therein; in addition, in relation to foreign corporations, the applicant shall also provide the date of its becoming qualified under the Illinois Business Corporation Act to transact business in the state of Illinois;

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

6. A statement as to whether applicant has made an application for a liquor license on premises other than described in this application, and the disposition of such application;

7. 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 the state or ordinances of the village;

8. A statement authorizing a police background investigation to verify the information included in the application and releasing the village, its officers, agents and employees from any and all liability which may arise as a consequence thereof. Each officer, owner, and manager shall execute such a statement;

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

10. A statement that the applicant will not violate any of the laws of the village, the state of Illinois, or the United States in the conduct of his place of business;

11. If applicable, the date of the filing of the “assumed name” of the business with the county clerk of Cook County and the Illinois Secretary of State;

12. If applicable, the name and address of the registered agent for the business, including the name of the registered agent as filed with the Illinois Secretary of State;

13. The number, the date of issuance and the date of expiration of the applicant’s current local retail liquor license;

14. The name and address of the landlord if the premises is leased;

15. The date of the applicant’s first request for a state and local liquor license and whether it was granted, denied or withdrawn;

16. The address of the application when the first application for a state and local liquor license was made;

17. The applicant’s current state and local liquor license number;

18. The date the applicant began liquor sales at his place of business or plans to begin selling liquor at his place of business;

19. The applicant’s retailer’s occupation tax (ROT) registration number;

20. The applicant’s document locater number on his federal special tax stamp;

21. Whether the applicant is delinquent in the payment of the retailer’s occupation tax (sales tax), and if so, the reasons therefor;

22. Whether the applicant is delinquent under the cash beer law, and if so, the reasons therefor;

23. In the case of a retailer, whether he is delinquent under the thirty-day credit law, and if so, the reasons therefor;

24. Whether the applicant has made an application for a liquor license from any licensor in the state of Illinois which has been denied, and if so, the reasons therefor;

25. Whether the applicant has ever had any previous liquor license suspended or revoked, and if so, the reasons therefor;

26. Whether the applicant has ever been convicted of a gambling offense or felony, and if so, the particulars and disposition thereof;

27. Whether the applicant possesses a current federal wagering or gaming device stamp, and if so, the reasons thereof;

28. Whether there is a video gaming terminal or similar device as defined under the Illinois Video Gaming Act located on the premises;

29. Whether the applicant, or any other person, directly or indirectly, in his place of business is a public official, and if so, the particulars thereof;

30. Whether, in the case of an application for the renewal of a license, the applicant has made any political contributions, including to any elected officials within the village of Riverdale, within the past two years, and if so, the particulars thereof;

31. The applicant’s name, sex, date of birth, Social Security number, position and percentage of ownership of the business; and the name, sex, date of birth, Social Security number, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager, and any person who owns five percent or more of the shares of the applicant business entity or parent corporations of the applicant business entity;

32. That he has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything else of value other than merchandising credit, in the ordinary course of business for a period not to exceed ninety days as herein expressly permitted under state law, directly or indirectly from any manufacturer, importing distributor or distributor representative of any such manufacturer, importing distributor or distributor and that he is not a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of state law; and

33. That adequate dramshop insurance is in force covering the applicant and the premises which is to be operated under such license during the entire license period. Further, in addition to the foregoing statement made under oath, all applicants shall be required to attach to said application as proof of insurance a copy of the policy for dramshop insurance coverage, which policy shall contain at a minimum the following information: insurer’s name, agent’s name, amount of coverage and type of coverage, and dates of coverage under the policy which must demonstrate insurance coverage during the entire license period.

B. Signatures Required. If said application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by at least two members of such partnership, or the president and secretary of such corporation.

C. Number of Times Allowed for Applying. No person, partnership, association or corporation shall be allowed to file an application for the issuance of a new liquor license of a specific class if said person, partnership, association or corporation has, within the preceding twelve-month period, filed an application for the issuance of the same class license.

D. Fingerprinting. The applicant, any person owning more than five percent of the applicant, and all persons he proposes to use or uses as managers and/or bartenders shall be fingerprinted, and a complete set of fingerprints maintained on file with the police department. These persons shall execute a statement authorizing a police criminal background investigation to verify that the applicant, person, manager or bartender is eligible to sell and serve alcoholic beverages and has not been convicted of a felony and releasing the village, its officers, agents and employees from any and all liability which may arise as a consequence thereof. Each applicant, person, manager and/or bartender shall execute such a statement.

E. As part of the application process, the applicant shall be required to execute a sufficient number of “personal inquiry waiver” forms so as to allow the liquor commissioner to obtain information about the applicant, and information about businesses located outside the village in which the applicant has an interest, from other jurisdictions and law enforcement agencies.

F. No original or renewal license shall be issued under this chapter if any applicant or any person owning five percent or more of the interest in the applicant owes a debt to the village as set forth in RMC 5.02.180. (Ord. 2013-23 §§ 4 – 6, 2013; Ord. 2012-40 § 2, 2012; Ord. 99-04, 1999)

5.32.050 Restriction on licenses.

No such licenses shall be issued to:

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

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

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

D. A person who has been convicted of being the keeper of or is the keeper of 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 under this chapter would not be eligible for such license under a first application;

H. A person who is requesting that a liquor license be transferred to him by a current holder of a liquor license;

I. A copartnership, unless all the members of such copartnership shall be qualified to receive a license;

J. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license under this chapter for any reason other than citizenship and residence within the village;

K. 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;

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

M. Any law-enforcing public official, the village president, any member of the board of trustees, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;

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

O. A person who is not a beneficial owner of the business to be operated by the licensee;

P. A person who has been convicted of a gambling offense as proscribed by any of subsections (a)(3) through (a)(10) of 720 ILCS 5/28-1, or as proscribed by 720 ILCS 5/28-3, approved July 18, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;

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

R. A copartnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;

S. A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than twenty percent of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;

T. Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period;

U. A person who has been convicted of a felony under any federal or state law, unless the Illinois 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;

V. A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act to transact business in Illinois;

W. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this section, or has forfeited his bond to appear in court to answer charges for any such violation;

X. A person who refuses to cooperate in providing necessary information and fingerprints for the conduct of a background check, or for whom the background check reveals information which would disqualify such person from receiving a license hereunder;

Y. 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;

Z. 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;

AA. A person, association or corporation not eligible for a state retail liquor dealer’s license;

BB. An entity that is doing business in Illinois as a corporation without being incorporated in Illinois or qualified to do business in Illinois if a foreign corporation. (Ord. 2012-40 § 3, 2012; Ord. 99-04, 1999)

5.32.060 License term – Prorating of fee.

Each such license shall terminate on the thirtieth day of April next following its issuance. 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 (Ord. 99-04, 1999)

5.32.070 Examination of applicant for local license.

The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served as provided by statute, and to examine or cause to be examined the books and records of any such applicant or licensee, to hear testimony and take proofs for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of the state. For the purpose of obtaining any of the information desired by the local liquor control commissioner under this section, he may authorize his agent to act on his behalf, as provided by statute.

5.32.080 License classes, numbers, fees, and hours.

Class	Nr. of Lic.	Authorized to	Annual Fee	Hours Allowed for Retail Sale of Alcohol
A	0	This class is “grandfathered” only to what is authorized for retail sales. Sell at retail, on the premises specified, alcoholic liquor for consumption on the premises as well as other retail sales of such liquor.	$2,750	12:00 noon to 8:00 p.m. Sunday through Thursday and 12:00 noon to 9:00 p.m. on Friday and Saturday for liquor to be taken off the premises. For liquor for consumption on the premises: Sunday through Thursday 11:00 a.m. to the following 2:00 a.m. On Friday and Saturday 11:00 a.m. to the following 3:00 a.m.
A1	0	Sell at retail, on the premises specified, alcoholic liquor for consumption on the premises only.	$1,925	Sunday through Thursday 11:00 a.m. to the following 2:00 a.m. On Friday and Saturday 11:00 a.m. to the following 3:00 a.m.
A2	0	Sell at retail, on the premises specified, alcoholic liquor for consumption on the premises only. Class A2 licenses can only be purchased by holders of Class A1 and Class F licenses provided their licenses are current and in good standing.	$1,100	On Friday and Saturday 11:00 a.m. to the following 4:00 a.m.
B	3	Sell at retail alcoholic liquor on the premises specified, but not for consumption on such premises.	$2,600	11:00 a.m. to 10:00 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. on Friday and Saturday for liquor to be taken off the premises.
C	1	Sell at retail bottled or canned beer and wine only for consumption on the premises where sold and shall authorize the sale of no other alcoholic liquor whatsoever on such premises. In addition, this license can only be issued to a restaurant as defined in this chapter.	$1,100	11:00 a.m. to Midnight.
C1	1	Sell at retail beer or wine served in disposable cups, only for consumption on the premises where sold and shall authorize the sale of no other alcoholic liquor whatsoever on such premises.	$1,100	12:00 noon to 10:00 p.m.
D	1	Sell at retail bottled or canned beer and wine only on the premises specified but not for consumption on the premises where sold.	$1,375	12:00 noon to 8:00 p.m. Sunday through Thursday and 12:00 noon to 9:00 p.m. on Friday and Saturday for liquor to be taken off the premises. 11:00 a.m. to Midnight.
E Club	0	Sell at retail alcoholic liquor, by clubs, on the premises specified only for consumption on such premises and not otherwise.	$990	Sunday through Friday 11:00 a.m. to the following 2:00 a.m. On Saturdays 11:00 a.m. to the following 3:00 a.m.
F	0	Sell at retail, on the premises specified, alcoholic liquor for consumption on the premises as well as the sale of alcoholic liquor but not for consumption on such premises. In addition, outdoor seating and sale of alcoholic liquor shall be allowed on the premises in a designated area during the months of April through October.	$3,190	12:00 noon to 8:00 p.m. Sunday through Thursday and 12:00 noon to 9:00 p.m. on Friday and Saturday for liquor to be taken off the premises. For liquor for consumption on the premises: Sunday through Thursday 11:00 a.m. to the following 2:00 a.m. On Friday and Saturday, 11:00 a.m. to the following 3:00 a.m.
T	As permitted	Temporary – see below	As detailed below	11:00 a.m. to Midnight.

A. Liquor License Class “T.” This class is a temporary classification that pays the below license fee and has the following constraints in addition to the hours of operations stated above:

1. The local liquor control commissioner may issue a temporary license for any religious, fraternal, or not-for-profit organization up to a maximum of five days consecutively within any calendar year. This temporary license shall be for the retail sale of alcoholic liquor for consumption only on the premises stated in the application. If issued the licensee shall clearly state the period of the temporary license. The license fee shall be five dollars per day.

2. Any person issued a class A, A1, C, or E liquor license pursuant to this chapter may apply for a temporary license for the purpose of having an outdoor beer garden for premises immediately adjacent to the liquor license premises. The fee for this type of temporary license is one hundred fifty dollars per month or any portion of a month. Unless controlled otherwise by the zoning code, the outdoor beer garden may employ equipment or devices which amplify sound; however, these devices shall be in operation no later than ten p.m., and in no case shall be of such sound intensity to disturb the peace and quiet of any residential living units.

3. Any person issued a Class C, C1, or D liquor license pursuant to this chapter may apply for a temporary license for the purpose of selling at retail, on the premises stated in the application, alcohol liquor for consumption on the premises. The fee for this type of temporary license is one hundred fifty dollars per month or any portion of a month.

B. It is unlawful to sell or offer for sale at retail or allow to be consumed any alcoholic liquor in the village outside of the hours specified in the above table.

C. It shall be unlawful to have licensed premises open for business or to admit the public to such premises during hours when liquor cannot be sold at retail. This shall not prohibit clubs from admitting members nor restaurants from admitting the public nor grocery stores licensed to sell alcoholic liquor for off-premises consumption only from admitting the public; provided, that this right to remain open for other activities shall not grant any right to sell, permit to be sold, or to give away any alcoholic liquor during the hours when liquor cannot be sold.

D. The table above shows the maximum number of liquor licenses for each class and the total number of licenses in the village shall be the sum of the numbers allowed for each class. The board of trustees shall have sole authority to authorize the creation of any liquor license. The village president shall have sole authority to issue any liquor license, or, in his or her discretion, to refuse to issue any liquor license. (Ord. 2023-18 § 3, 2023; Ord. 2021-08 § 3, 2021; Ord. 2017-27 § 3, 2017; Ord. 2017-19 §§ 3, 4, 2017; Ord. 2015-22 § 3, 2015; Ord. 2015-14 § 3, 2015; Ord. 2014-34 § 3, 2014; Ord. 2013-31 § 3, 2013; Ord. 2013-23 § 7, 2013; Ord. 2012-41 § 2, 2012; Ord. 2012-40 § 4, 2012; Ord. 2010-08A § 3, 2010; Ord. 2010-08 § 3, 2010; Ord. 2010-06 § 1, 2010; Ord. 2008-15 § 1, 2008; Ord. 2007-41 § 1, 2007; Ord. 2007-19 § 1, 2007; Ord. 2006-30 § 1, 2006; Ord. 2006-16 § 2, 2006; Ord. 2005-30 § 1, 2005; Ord. 2003-21 § 1, 2003; Ord. 2003-15 § 1, 2003; Ord. 2003-12 § 1, 2003; Ord. 2002-07 §§ 14, 15, 2002; Ord. 99-34, 1999; Ord. 99-04, 1999)

5.32.090 Disposition of fees.

All such fees shall be paid to the collector at the time application is made and shall be forthwith 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, then the fee shall be deposited in the general fund. (Ord. 99-04, 1999)

5.32.100 Renewal of license.

Any licensee may renew his license at the expiration thereof; provided, that he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for the purposes. The renewal privilege provided for in this section shall not be construed as a vested right which shall in any case prevent the local liquor commissioner from decreasing the number of licenses to be issued within his jurisdiction. (Ord. 99-04, 1999)

5.32.110 Right of entry.

The local liquor control commissioner is given the power to enter or to authorize any law-enforcing officer to enter at any time upon the premises licensed under this chapter to determine whether any of the provisions of the Liquor Control Act, 235 ILCS 5, or any rules or regulations adopted by him or by the State Liquor Commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith. (Ord. 99-04, 1999)

5.32.120 Record-keeping.

The local liquor control commissioner shall keep or cause to be kept a complete record of all such 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 president shall give written notice of such action to each of these officers within forty-eight hours of such action. (Ord. 99-04, 1999)

5.32.130 Transferability – Renewal.

A. A license shall be a purely personal privilege, good for not to exceed one year after issuance unless sooner revoked as is in this chapter provided, and shall not constitute property, nor shall it be subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution. It shall cease upon the death of the licensee; provided, that executors or administrators of the estate of any deceased licensee, when such estate consists in part of alcoholic liquor, 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 or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six months, after the death, bankruptcy or insolvency of such 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 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.

C. Transfer of a liquor license to another person, partnership, or corporation is not permitted.

D. Any changes in partnerships, officers, directors, persons holding directly or beneficially more than five percent of the stock or ownership interest, or managers of establishments licensed under this chapter shall be reported in writing to the local liquor control commissioner within ten days of the change. All new personnel shall meet all the standards of this chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the local liquor control commissioner.

1. When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, said license shall terminate.

2. When a license has been issued to a corporation and a change takes place in officers, directors, shareholders of more than five percent of the stock or managers resulting in the holding of office or such shares of stock by one who is not eligible for a license, such license shall terminate.

3. When a license has been issued to an individual who is no longer eligible for a license, said license shall terminate.

4. When a licensee ceases to operate and closes its business in excess of sixty consecutive days or in excess of ninety days during any one calendar year, said license shall terminate.

E. When a license terminates as set forth in this section, the maximum number of licenses in force for the respective license classification pursuant to RMC 5.32.080 shall be reduced by one for each license so terminated. (Ord. 2017-19 § 5, 2017; Ord. 2013-23 § 8, 2013; Ord. 99-04, 1999)

5.32.140 Change of location.

A liquor dealer’s license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may not be changed. (Ord. 99-04, 1999)

5.32.150 Peddling.

It is unlawful to peddle alcoholic liquor in the village. (Ord. 99-04, 1999)

5.32.160 Sanitary conditions.

All premises used for the sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption. (Ord. 99-04, 1999)

5.32.170 Employees – Contagious disease.

It is unlawful for any person, firm or corporation to employ in any premises used for the sale of alcoholic liquor any person who is afflicted with or who is a carrier of any contagious, infectious or venereal disease; and it is unlawful for any person afflicted with or who is a carrier of any such disease to work in or about any such premises or to engage in work in or about any such premises or to engage in any way in the handling, preparation or distribution of such liquor. (Ord. 99-04, 1999)

5.32.180 Employees – Minors prohibited from tending bar.

It is unlawful for any licensee, his manager or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon to engage, employ or permit the engagement or employment of any minor for the purpose of drawing, pouring or mixing any alcoholic liquor or to permit any minor at any time to attend any bar or to draw, pour or mix any alcoholic liquor in any such licensed retail premises. (Ord. 99-04, 1999)

5.32.190 Location restrictions.

No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any church, school, hospital, home for the aged, or indigent persons or for veterans, their wives or children, or any military or naval station; provided, that this prohibition shall not apply to clubs or restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried on, if such place of business not exempted shall have been established for such purpose prior to the taking effect of this chapter; nor to the renewal of a license for the sale of alcoholic liquor on the premises within one hundred feet of any church where such church has been established within such one hundred feet since the issuance of the original license. (Ord. 99-04, 1999)

5.32.200 Stores selling school supplies and lunches.

No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food lunches or drinks for such minors. (Ord. 99-04, 1999)

5.32.210 Access from licensed premises to dwelling quarters.

Except in the case of hotels, motels and clubs, no alcoholic liquor shall be sold at retail upon any premises which has any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purposes and which is permitted to be used or kept accessible for any use by the public. This provision shall not prevent any connection between such premises and such other portion of the building or structure which is used only by the licensee, his family and personal guests. (Ord. 99-04, 1999)

5.32.220 View from street.

In premises in which the sale of alcoholic liquor for consumption on the premises is licensed, other than in restaurants, hotels, motels, or clubs, or any bowling alley other than one situated on the first or ground floor, 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, and the entire space used by the public must be so located that there shall be a full view of the same from the street, road or sidewalk. All rooms where alcoholic liquor is sold for consumption on the premises shall be continually lighted during business hours by natural or artificial white lights so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the provisions of this section shall be willfully obscured by the licensee or by him willfully suffered to be obscured or obstructed, such license may be revoked in the manner provided in this chapter. In order to enforce the provisions of this section, the local liquor control commission 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. (Ord. 99-04, 1999)

5.32.230 Minors.

A. 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 years.

B. In every tavern or other place in the village where alcoholic liquor is sold there shall be displayed at all times in a prominent place a printed card which shall be supplied by the clerk and which shall read substantially as follows:

WARNING TO MINORS

You are subject to a fine up to $1,000.00 under the ordinances of the Village of Riverdale if you purchase alcoholic liquor or misrepresent your age for the purpose of purchasing alcoholic liquor.

C. It is unlawful for any holder of a retail liquor dealer’s license or his agent or employee to suffer or permit any minor to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located; provided, that this subsection shall not apply to any minor who is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale or service of other commodities than alcoholic liquor.

D. It is unlawful for any parent or guardian to permit any minor child of which he or she may be the parent or guardian to violate any of the provisions of this section.

E. It is unlawful for any minor to attend any bar, to draw, pour or mix any alcoholic liquor in any licensed retail premises.

F. It is unlawful to sell, give or deliver alcoholic liquor to any minor, except in the performance of a religious ceremony or service. (Ord. 2002-07 § 16, 2002; Ord. 99-04, 1999)

5.32.240 Purchase or acceptance of gift of liquor by persons of nonage – Identification cards.

A. For the purpose of preventing the violation of this chapter, any licensee, or his agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of twenty-one years.

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

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

D. Any person under the age twenty-one years, who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his own, for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed or photostatic evidence of age and identity is guilty of a violation of this chapter.

E. Any person under the age of twenty-one years who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of a violation of this chapter. (Ord. 99-04, 1999)

5.32.250 Sale to intoxicated persons prohibited.

It is unlawful for the holder of an alcoholic liquor dealer’s license to sell, deliver or give any alcoholic liquor to any intoxicated person or to any person known to him to be an habitual drunkard, spendthrift, insane, feebleminded or distracted person. (Ord. 99-04, 1999)

5.32.252 Illegal conduct on licensed premises – Cooperation with police.

A. No licensee shall permit or allow any illegal activity on the licensed premises.

B. It is the affirmative duty of a licensee to report promptly to the police department all illegal activity reported to or observed by the licensee on or within sight of the licensed premises; to answer fully and truthfully all questions of an identified police officer who inquires or investigates concerning persons or events in or around the licensed business; to cooperate with the police in any such inquiry or investigation, including the giving of oral or written statements to the police at reasonable times and locations in the course of investigations; and to sign a complaint against any person whom the licensee observes in any illegal conduct or activity on or within sight of the licensed premises.

C. For purposes of this section, “licensee” includes an employee or agent of a licensee. (Ord. 2008-18 § 1, 2008)

5.32.253 Responsibilities of licensee.

A licensee is responsible to the community surrounding the licensed premises. A village liquor dealer’s license issued or renewed after the effective date of this section shall be subject to suspension or revocation if the licensee’s business becomes or creates a nuisance under this section or if it causes a public nuisance under RMC 5.32.255. A licensed business is or creates a nuisance under this section if within any consecutive 12 months not less than five separate incidents occur on the licensed premises or on adjacent property, while the business establishment is open for business or within one hour of the time the establishment is opened or closed for business, involving acts that violate any federal or state law defining a felony, or any federal or state law or municipal ordinance regulating narcotics, controlled substances or weapons. It is not a defense to a charge of violating this section that the licensee or the licensee’s employees or agents were not personally involved in the commission of the illegal acts. For purposes of this section, the term “adjacent property” shall have the meaning set forth in RMC 5.32.254. (Ord. 2008-18 § 1, 2008)

5.32.254 Complaint procedure.

A. Any resident of the village of Riverdale shall have the right to file a complaint with the local liquor control commissioner stating that a liquor licensee has been or is violating the provisions of this chapter. The complaint shall be in writing in the form prescribed by the local liquor commissioner and shall be signed and sworn to by the person or persons making the complaint. The complaint shall state the provisions believed to have been violated and the facts in detail upon which belief is based. If the local liquor control 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 charge or charges in the complaint.

B. Every liquor licensee has a duty to take reasonable steps to correct objectionable conditions occurring on the licensed premises and on property adjacent thereto while the establishment is open for business and within one hour or less of the time the establishment is opened or closed for business. A licensee’s failure to satisfy this duty shall be deemed to be a public nuisance. Any group of five or more residents who reside within five hundred feet of a licensed premises (measured from the nearest exterior walls of each applicable building) may file with the local liquor control commissioner a complaint that a licensee’s business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions occurring on the licensed premises or adjacent property while the establishment is open for business and within one hour or less of the time the establishment is open or closed for business. The local liquor commissioner may notify the licensee to appear before the commissioner, in the presence of the complaining persons, to define, discuss and seek resolution of problems giving rise to the complaint. The commissioner may also order subsequent meetings to review progress toward resolution of the problems. Failure of a licensee to appear in response to a notice, or to attend subsequent meetings as ordered by the commissioner, shall be grounds for the imposition of a fine and for the suspension or revocation of the licensee’s license. Meetings under this subsection may also be convened at the request of the local liquor control commissioner based upon his or her reasonable belief that the sale of liquor at the particular location is a public nuisance.

C. For purposes of this section and RMC 5.32.253:

1. “Adjacent property” means:

a. Any private property that is owned, leased or rented by the licensee and that is located next to the business premises;

b. Any public way located next to the business premises; or

c. Any private property which is owned, leased or rented by the licensee which is located next to such portion of the public way described in subsection (C)(1)(b) of this section.

2. “Objectionable conditions” include but are not limited to disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.

3. “Reasonable steps” includes, but is not limited to, the following:

a. Calling the police department. Timely calls to the police department via “911” that are placed by the licensee, or his or her agents or employees, shall not, in and of themselves, be construed by the local liquor commissioner as evidence of objectionable conditions that constitute a nuisance.

b. Directing those persons engaged in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, reasonably believe that their personal safety would be threatened in making such direction. Directions of this nature may be provided orally or in writing.

c. Making good faith efforts to remove items that facilitate loitering, such as furniture.

d. Attending C.A.P.S. meetings, beat meetings or other similar village-sponsored informative meetings and educational opportunities to improve the awareness of the licensee and its employees of problems related to the operation of the business and to promote remediation of such objectionable conditions.

4. When determining what constitutes “reasonable steps,” the local liquor control commissioner shall consider site configuration constraints and other factors related to the unique circumstances of the nature of the business as well as the frequency of complaints of objectionable conditions and the manner in which the licensee has sought to address such conditions. (Ord. 2008-18 § 1, 2008)

5.32.255 Public nuisance.

Whenever any of the complaint procedures described in RMC 5.32.254(B) have been initiated against a business licensed under this chapter, and at least fifty legal voters reside at locations within five hundred feet (measured from the nearest exterior walls of each applicable building) of the premises of that business, any of those legal voters may file a petition with the local liquor control commissioner: (A) stating that, in the opinion of the signatories, the complaint procedures initiated pursuant to RMC 5.32.254(B) have not resulted in a successful outcome and the sale of liquor at the licensee’s place of business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions occurring on the licensed premises or on adjacent property while the premises is open for business and within one hour of the time the establishment is opened or closed for business; and (B) requesting that the liquor license at the premises be suspended or revoked. The petition shall set forth specific allegations why the premises has caused a public nuisance and shall describe the complaint procedures that have been initiated under RMC 5.32.254(B) and the results of such procedures. The signatures appearing on the petition shall be obtained no more than sixty days prior to the filing of the petition. If such a petition containing the signatures of a majority of the legal voters residing within five hundred feet (measured from the nearest exterior walls of each applicable building) of the premises named in the petition is filed, a hearing shall be scheduled on the question of whether the license shall be suspended or revoked. Notice of the hearing shall be given to the licensee and all signatories to the petition by first class mail. If there are not at least fifty legal voters residing at locations within five hundred feet (measured from the nearest exterior walls of each applicable building) of a premises holding a license issued pursuant to this chapter, hearing may be convened at the request of the local liquor control commissioner based upon his or her reasonable belief that the sale of liquor at the particular location has caused a public nuisance. No hearing pursuant to this section shall be convened if no legal voters reside at a location within five hundred feet (measured from the nearest exterior walls of each applicable building) of the licensed premises.

The hearing shall be held before the local liquor control commission chairman. If the hearing has been convened on petition, all signatories to the petition shall have the right to testify. At the conclusion of the hearing, if the hearing officer finds by a preponderance of the evidence that the licensee’s sale of liquor at the licensed premises is a public nuisance because a licensee has failed to take reasonable steps to correct objectionable conditions on the licensed premises or on adjacent property during business hours and within one hour before and one hour after such business hours, the local liquor control commissioner shall enter an order suspending or revoking the license.

Notwithstanding any other provision of this section, if a licensee has provided satisfactory proof to the local liquor control commissioner that the licensee has devised a plan of operation that will provide reasonable assurance that operation of the business at which liquor is sold will not cause a public nuisance, the local liquor control commissioner may suspend the effectiveness of the suspension or revocation order for a period of six months while that plan is in effect. Such a plan must be submitted within twenty days after a suspension or revocation order is issued under this section, and such an order shall be stayed for thirty-five days from the date the plan is submitted. If no plan is submitted within twenty days after the issuance of a suspension or revocation order under this section, or if the local liquor control commissioner rejects the plan, the suspension or revocation order shall become final. If the local liquor control commissioner approves the plan, he or she shall continue the hearing to a specified date prior to the expiration of the six-month period. The plan may include conditions upon the licensee’s operation of the premises that are useful or necessary to mitigate a public nuisance, including but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of sign, providing trash pick-up services, or any other reasonable restrictions on business practices. After a continued hearing at which interested persons shall have the opportunity to be heard, the local liquor control commissioner may: (A) reimpose the suspension or revocation order if the local liquor control commissioner determines that the licensee has failed to adhere to the written plan of operation; (B) order the modification of the plan of operation, including the addition or removal of conditions on the operation of the premises; (C) vacate the suspension or revocation order if the local liquor control commissioner determines that the order is no longer necessary to prevent a public nuisance; and/or (D) continue the hearing for an additional six months, during which the effectiveness of the suspension or revocation order may continue to be suspended pending further evaluation of the licensee’s efforts to correct objectionable conditions.

Any order issued under this section, other than a final order imposing a suspension or revocation or vacating such sanction, shall not be considered a final order. (Ord. 2008-18 § 1, 2008)

5.32.260 Revocation – Suspension.

The local liquor control commissioner may suspend for not more than thirty days or revoke for cause any liquor dealer’s license for: (A) any false, misleading or misrepresented information contained within the liquor license application; (B) any violations of the terms and conditions upon which the license was granted to the licensee; (C) any violation of any provision pertaining to the sale of alcoholic liquor; or (D) any violation of any ordinance under RMC Title 9. (Ord. 2013-23 § 9, 2013; Ord. 99-04, 1999)

5.32.270 Appeals of local liquor commissioner’s decisions.

All appeals of decisions rendered by the local liquor commissioner after hearing shall be limited to a review of the official record pursuant to 235 ILCS 5/7-9. (Ord. 99-21, 1999)