It shall be unlawful to sell or offer for retail
sale in the territory in the County outside of the limits of any incorporated
city, town or village any alcoholic beverage without having a retailer's
license, or in violation of the terms of such license.
[Added 12-21-1993]
Set-up establishments as defined in this chapter
are prohibited in McLean County outside the limits of any incorporated
city, town or village, and it shall be unlawful for any person acting
as a principal, proprietor, agent, servant or employee to operate
a set-up establishment.
[Amended 6-17-1986]
A retailer's license shall allow the licensee
to sell or offer for sale alcoholic beverages, at retail only and
not for resale in any form, on the premises in accordance with the
classification of said license as hereinafter provided.
[Amended 2-17-2015]
It shall be unlawful for any person, partnership
or corporation to peddle alcoholic beverages in the County outside
of the corporate limits of any city, town or village.
[Amended 2-17-2015]
The location of an establishment licensed to
sell or offer for sale alcoholic beverages may be changed only upon
written permit to make such changes issued by the Commission.
[Amended 8-16-2005]
No license shall be issued for sale at retail
of any alcoholic beverage at a location prohibited by 235 ILCS 5/6-11.
Any license granted shall not be subject to
attachment, garnishment or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, or subject to being encumbered
for the subject matter in lien. 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 the 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
beverages, may continue the business of the sale of alcoholic beverages
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 no longer than six months after the death, insolvency
or bankruptcy of such licensee. A refund shall be made of the portion
of the license fees paid for any period in which the licensee shall
be prevented from operation under such license in accordance with
the provisions of this section.
[Amended 8-16-2005; 9-21-2010; 2-17-2015]
Class A, B, C and G licenses shall expire at
12:00 midnight on the 30th day of June, next following their issuance.
Class E and F licenses shall be issued for one day only, such day
to be specified on the face of the license.
No license under the terms of this chapter shall
be issued to:
A.
A person who is not of good character and reputation
in the community in which he resides.
B.
A person whose license to sell alcoholic beverages
in this County has been revoked for cause.
C.
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.
E.
A corporation or limited-liability company, if any officer, manager or director thereof, or any holder or owner of 51% of the stock or other securities of the corporation, would not be eligible to receive a license hereunder the provisions of Subsections A through G of this section for any reason other than citizenship and residence with this County.
[Amended 2-17-2015]
F.
A person, partnership or corporation whose place of
business is conducted by a manager or agent unless said manager or
agent possesses the same qualifications as required of the licensee.
G.
A person who has been convicted of a violation of
any federal or state law concerning the manufacture, possession or
sale of alcoholic beverages, or who has forfeited his bond to appear
in court to answer charges for any such violation.
[Amended 2-17-2015]
H.
A person, partnership or corporation who or which
does not own the premises for which a license is sought or who or
which does not have a lease thereon for the premises for which the
license is to be issued, except for Class E licenses.
I.
Any person, partnership or corporation if the applicant
or any partner, director or officer is a law-enforcing public official
or member of a County board.
J.
Any person, partnership, or corporation not eligible
for a state retail liquor dealer's license.
Licenses shall be divided into six classes as
follows:
A.
Class A license. Class A licenses shall authorize
the retail sale of alcoholic beverages as defined in this chapter
on the premises specified for consumption on such premises as well
as other retail sales of such alcoholic beverages.
B.
Class B license. Class B licenses shall authorize
the retail sale of beer or wine as defined in this chapter on the
premises specified for consumption on such premises as well as other
retail sales of such beer or wine.
C.
Class C license. Class C licenses shall authorize
the sale of alcoholic beverages as defined in this chapter on the
premises specified in packages or original containers unopened, at
retail, not to be consumed on such premises where sold.
D.
(Reserved)
E.
Class E license. Class E licenses shall authorize
the retail sale of beer or wine as defined in this chapter on the
site specified for consumption on such site in connection with a one-day
special event held by a nonprofit organization. Such licenses shall
be issued only to said nonprofit organization.
F.
Class
F licenses shall authorize the retail sale of alcoholic beverages
as defined in this chapter on a specified date and site for consumption
on such site on such date in connection with a one-day private social
function, including but not limited to a wedding, birthday party,
retirement party, reception following a religious event, graduation
party, family and/or school reunion, attendance at which is by invitation
only and does not require purchase of a ticket or payment of a fee
for admission to the function. Such licenses shall be issued only
to holders of current Class A or B licenses issued by McLean County
or holders of comparable licenses issued by any town, city or village
within McLean County and shall only authorize the holder to sell the
type of alcoholic beverages authorized by the holder's McLean County,
town, city, or village license. There shall be a separate license
required for each function, and there will be no more than 12 licenses
issued to any one license holder during any calendar year.
G.
Class G license. Class G licenses shall authorize
the retail sale of alcoholic beverages in outdoor gardens as defined
in this chapter for consumption in the outdoor gardens. Class G licenses
may only be issued to holders of Class A or B licenses.
[1]
Editor's Note: This ordinance repealed the Class D license
classification, but provided that any Class D license issued prior
to its adoption shall remain in effect until 6-30-2012. Any person
holding a Class D license shall be entitled to apply for renewal as
a Class A license upon the expiration of the Class D license.
A.
The annual fees for licenses shall be as set forth in Chapter 205, Fees.
[Amended 11-17-1992; 8-16-2005; 9-21-2010; 10-18-2011; 2-17-2015]
B.
Such fees shall be payable at the time the application
is filed and shall be returned to the applicant by the Commissioner
in the event that the application is denied.
C.
Fees for licenses issued for a term of less than a
full year shall be reduced in proportion to the full calendar months
which have expired in the license year.
D.
In the event that a change to a higher classification
of license is granted for a term of less than a full year, an additional
fee shall be required in the amount of the difference in annual fee
between the applicable licenses reduced in proportion to the full
calendar months which have expired in the license year.
[Amended 8-16-2005; 9-21-2010; 2-17-2015]
New applications or renewal applications for such license shall be made in writing by the applicant to the County Clerk, McLean County, Illinois, accompanied by the required Clerk's fee and the applicable filing fee in cash, check or money order; the County Clerk shall then refer applications for Class A, B, C and G licenses to the Commission and applications for Class E and F licenses to the Liquor Control Commissioner and shall transfer the license fee in the same manner as all license fees received in his office. The County Clerk's fee for accepting the license application shall be as set forth in Chapter 205, Fees, and shall be submitted in cash, check or money order with the application. Renewal applications shall be submitted to the County Clerk no later than 30 days prior to the expiration of the license to be renewed.
[Amended 10-18-2011]
Applications for a Class A, B or C license under
the terms of this chapter shall be signed by the applicant, if an
individual, or partners, if a partnership or by a duly authorized
agent of the corporation, if a corporation; and all signatures thereon
shall be verified. The application shall contain the following:
A.
A statement whether applicant has made application
for a liquor license on the same or other premises which has been
either denied, suspended or revoked and the date and place of such
revocation, suspension or denial, with reasons therefor.
B.
The date and place of any conviction of crime of the
applicant or, if a corporation, the date and place of any conviction
of crime of any agent or shareholder of said corporation owning a
majority of the stock.
C.
A statement that the applicant is completely familiar with the terms and provisions of this chapter; and also with Chapter 216, Food Service, as amended, whichever is applicable.
[Amended 2-17-2015]
D.
A statement that the applicant is not disqualified
from receiving a liquor license by reason of any provisions of the
laws of the State of Illinois.
E.
Certification of insurance issued by an insurance
carrier authorized to do business with the State of Illinois insuring
the business under the Dram Shop laws of the State of Illinois, said
certificate reflecting insurance coverage in amounts of not less than
the Dram Shop liability limits established by the State of Illinois
Comptroller as adjusted each year pursuant to 235 ILCS 5/6-21(a).
Such insurance coverage shall be for the full term of the license
for which application is made.
F.
The names of the persons or person who will manage
the business or be the agent of the applicant in supervising the business
operation.
G.
The names of any public office held by the applicant;
and partner, if a partnership; officers, directors and majority stockholders,
if a corporation.
[Amended 11-17-1992; 10-18-2011]
A.
Applications for a Class E license under the terms
of this chapter shall be signed by the duly authorized agent(s) of
the applicant. The application shall be submitted to the McLean County
Clerk no later than 14 days prior to the date of the scheduled event.
The application shall contain the following:
B.
If the application is approved and the license issued,
the McLean County Clerk shall promptly notify the McLean County Sheriff
in writing of the issuance of the Class E license. Such notice shall
include a copy of said license.
[Added 9-21-2010; amended 10-18-2011]
Applications for Class F licenses under the terms of this chapter
shall be signed by the duly authorized agent(s) of the applicant.
The application shall be submitted to the McLean County Clerk no later
than 14 days prior to the date of the scheduled function.
A.
The application
shall contain the following:
(1)
Name,
address and telephone number of the license holder making the application,
name under which the license holder does business, and address and
telephone number of the premises for which the holder has a license.
(2)
Type
of function, date and hours of function, and common description of
the location for which a license is requested.
(4)
If
the applicant does not hold a Class A or B license issued by McLean
County, a copy of the current license issued by a town, city, or village
within McLean County with an affidavit stating that the applicant
has not been cited for any violations of liquor control ordinances
of the issuing city, town or village within the past 12 months preceding
the application.
(5)
Certification
of insurance issued by an insurance carrier authorized to do business
with the State of Illinois insuring the business under the Dram Shop
laws of the State of Illinois for the date and location of the function,
said certificate reflecting Dram Shop insurance coverage in amounts
of not less than Dram Shop liability limits established by the State
of Illinois Comptroller as adjusted each year pursuant to 235 ILCS
5/6-21(a). Such insurance coverage shall be for the full term of the
license for which application is made.
(6)
Illinois
Liquor Control Commission retail license number and proof of application
for a special use permit license from the Illinois Liquor Control
Commission.
B.
If the
application is approved and the license issued, the McLean County
Clerk shall promptly notify the McLean County Sheriff in writing of
the issuance of the Class F license. Such notice shall include a copy
of said license.
[Added 8-16-2005; amended 2-17-2015]
Applications for a Class G license shall be
filed with the application for a Class A or B license under the terms
of this chapter and shall contain the following:
A.
A statement that the applicant is making application
for a Class A or B license in addition to a Class G license.
B.
A statement whether applicant has made application
for a liquor license on the same or other outdoor gardens which has
been either denied, suspended or revoked and the date and place of
such revocation, suspension or denial, with reasons therefor.
D.
A statement that the applicant understands and agrees
that the holder of a Class G license shall be the same person or entity
that is the holder of a Class A or B license for premises immediately
adjacent to the outdoor garden.
E.
A statement that the applicant understands and agrees
that before a Class G license may be issued, site plans, construction
or remodeling plans, operational plans or other information and documentation
may be requested for review and approval by the McLean County Health
Department and McLean County Building and Zoning Department.
F.
A statement that the applicant understands and agrees that before a Class G license may be issued, the applicant must apply for and obtain a special use permit from the McLean County Board after hearings are conducted by the McLean County Zoning Board of Appeals, and a construction permit from the Building and Zoning Department in accordance with the requirements of Chapter 350, Zoning, of the McLean County Revised Code, as amended.
G.
A statement that the applicant understands and agrees
that the McLean County Liquor Control Commission may require the erection
of fences, walls or similar barricades; restrict or prohibit the use
of sound-amplifying devices; and create conditions to minimize the
impact on parking, vehicular traffic and pedestrian traffic prior
to issuance of a Class G license.
H.
An approval letter provided by the McLean County Health Department indicating that applicant's proposed outdoor garden meets the requirements of Chapter 216, Food Service, of the McLean County Revised Code, as amended.
I.
Copies of a special use permit and a construction
permit issued by the McLean County Building and Zoning Department
after hearings have been conducted by the McLean County Zoning Board
of Appeals and final approval has been given by the McLean County
Board for the proposed outdoor garden.
[Amended 2-17-2015]
Each applicant for a Class A, B or C license
hereunder shall executive a penal bond to the County of McLean and
the State of Illinois in the sum of $2,000, with two sureties thereon
who are residents of McLean County, Illinois, and who are acceptable
to the Commission, or with a surety company licensed to do business
in the State of Illinois. Such bond shall be for the full term of
the license for which application is made. The Commission shall consider
the bond and shall have the right to disapprove the bond.
Said bond shall be filed with the County Clerk
of McLean County at the same time the application is presented and
shall be referred by the County Clerk to the Commission with the application.
Said bond shall be conditioned upon the faithful
observance by the licensee of the chapter and provisions of all liquor
laws of the State of Illinois and all laws of the United States of
America applying to the sale, transportation and possession of alcoholic
beverages. Said bond shall be further conditioned upon the payment
by the persons entitled to damages as a result of any sale, occurrence,
transaction or injury which arises from the operation of the business
for which the license hereto applies.
A new bond shall be presented yearly at the
time of application for a renewal of any license under the terms of
this chapter.
[Added 10-17-1989; amended 2-17-2015]
The County Clerk, upon receipt of an application
for a Class A, B or C license, shall send notice of the filing of
such application to the McLean County Health Department. Upon receipt
of said notice, the McLean County Health Department shall inspect
the premises sought to be licensed and report its findings to the
Liquor Control Commission. A copy of the report shall be filed with
the McLean County Clerk.
