Village of Bannockburn, IL Liquor

The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, including synthetic and ethyl alcohol, but not including denatured or wood alcohol.

ALCOHOLIC LIQUOR

Any alcohol, spirits, wine or beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this article shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress promulgated thereunder, nor to any beverage containing not more than 1/2 of 1% of alcohol by volume.

BEER

A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, malt, ale, stout, lager beer, porter, and the like.

CLUB

A corporation organized under the laws of the state, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, which shall have been in operation in the Village for one year prior to applying for a liquor license, 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 an 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 for cooking, preparing, and serving food and meals for its members and their guests; provided that the club files with the Local Liquor Control Commissioner, at the time of its application for a license under this article, two copies of a list of names and residences of its members, and similarly files within 10 days of the election or acceptance of any additional member the name and address of the additional member; and further provided 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, beyond the amount of any 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. The membership of a private tennis and racquetball facility may in some cases be, but is not necessarily, a club as defined in this article.

GROCERY STORE

Every building or other structure kept, used, maintained, advertised, and held out to the public to be a retail store that does not have an on-staff pharmacist and only sells food and other non-food items and which has been authorized by a special use permit pursuant to the Bannockburn Zoning Code.[1]

GROCERY STORE WITH PHARMACY

Every building or other structure kept, used, maintained, advertised, and held out to the public to be a retail store that primarily sells food and incidentally sells other non-food items, including but not limited to pharmaceutical sales dispensed by an on-staff pharmacist, and which has been authorized by a special use permit pursuant to the Bannockburn Zoning Code.[2]

HOTEL

Every building or other structure kept, used, maintained, advertised, and held out to the public to be a place where sleeping accommodations are offered to transient travelers and guests and which has been authorized by a special use permit pursuant to the Bannockburn Zoning Code.[3]

NON-RESTAURANT FOOD SERVICE FACILITY

Any public place that is not a restaurant as defined herein, where food service is available for consumption on-premises, and where the service of alcoholic beverages is in addition to or incidental and complementary to the food service.

ORIGINAL PACKAGE

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.

OUTDOOR PATIO BAR

A designated area adjacent to a restaurant that is specifically authorized in the approval documents for a Class D-1 liquor license as being intended for sitting, eating and drinking, or similar activities.

PATIO

A paved or surfaced level plane attached to or closely adjacent to a grocery store and a grocery store with pharmacy that is constructed entirely at, or within six inches of, the average level of the adjoining grade and is intended to be used for sitting, eating and drinking, or similar activities.

PERSON

Any individual, firm, club, partnership, corporation, company, association, joint venture, or joint-stock company. Whenever used in a clause describing or imposing a fine or term of imprisonment, or both, the term "person" shall mean the partners, members, directors, or officers thereof.

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, at tables, without sleeping accommodations, 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 to its customers or guests complete meals, including dinner or luncheon menus, at which the service of alcoholic beverages is incidental and complementary to the service of the meals. No lounges, diners, drive-ins, or self-service or carry-out establishments are included hereunder.

RESTAURANT LOUNGE AREA

A separate area associated, managed and operated in conjunction with a restaurant, as defined above, containing seats numbering not more than 25% of the seating capacity of the associated restaurant, to be used primarily for restaurant patrons waiting to be seated in the associated restaurant, and secondarily for other patrons, whether or not incidental and complementary to the service of meals or food, but only to patrons who are seated. No premises containing a bar counter at which patrons may be served is included hereunder, nor are limited-service establishments, including, but not limited to, lounges, luncheonettes, diners, coffee shops, drive-ins, or self-service or carryout establishments. "Restaurant lounge area" under this article shall include all "cocktail lounges" authorized under a special use permit granted pursuant to Chapter 260, Zoning, § 260-506A(3); provided that an application must be submitted and all other requirements must be met under this Bannockburn Liquor Control Ordinance before liquor may be served on the premises.

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, for a consideration and includes and means all sales made directly or indirectly by any person, including any principal, proprietor, agent, servant, or employee.

SALE AT RETAIL; SELL AT RETAIL; RETAIL SALE

Any sales for use or consumption and not for resale in any form.

SALE OF PACKAGE LIQUOR

The sale of alcoholic liquor in the original package for use or consumption off the premises where sold.

SHORT-ORDER GRILL

A facility established in conjunction with and as an accessory use to a membership sports and recreation facility pursuant to special use permit under Chapter 260, Zoning, § 260-506B(3).

SPIRITS

Any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and these liquors when rectified, blended, or otherwise mixed with alcohol or other substances.

WINE

Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including these beverages when fortified by the addition of alcohol or spirits, as above defined.

[1]

Editor's Note: See Ch. 260, Zoning.

[2]

Editor's Note: See Ch. 260, Zoning.

[3]

Editor's Note: See Ch. 260, Zoning.

§ 141-1003 Local Liquor Control Commissioner.

President designated Local Liquor Control Commissioner. The Village President is hereby designated Local Liquor Control Commissioner in and for the Village of Bannockburn.

Duties. The Local Liquor Control Commissioner shall have the following duties:

(1)

To administer the appropriate provisions of this article, of ordinances and resolutions relating to alcoholic liquor as may be enacted by the Board of Trustees, and of any other legislation as may become applicable within the Village with respect to the sale of alcoholic liquor.

(2)

To issue or renew local liquor licenses in accordance with the provisions of this article.

(3)

To deny any application for the issuance or renewal of a local license to an applicant that the Commissioner has determined to be ineligible therefor in accordance with the provisions of this article.

(4)

To suspend for cause for not more than 30 days, or revoke for cause, any local license in accordance with the provisions of this article.

(5)

To receive and act upon complaints from any citizen that any of the provisions of this article, or any rules or regulations adopted pursuant thereto, or any other applicable rules or regulations have been or are being violated and to act upon these complaints in the manner hereinafter provided.

(6)

To receive local license fees and forward the same forthwith to the Village Treasurer for proper deposit and accounting in the general fund.

(7)

To keep or cause to be kept a complete record of all licenses issued under this article, and to furnish the Village Clerk, Village Treasurer and Chief of Police each with a copy thereof; upon the issuance of any new license, or the revocation or suspension of any old license, the Local Liquor Control Commissioner shall give written notice of the action to each of these officers within 48 hours of the action.

(8)

To report, whenever requested by the Board of Trustees, all of the acts taken to enforce this article and all acts taken in regard to the collection of liquor license fees, including the date collected, and date the fees were turned over to Village Treasurer.

Other powers. The Local Liquor Control Commissioner shall have the following other specific powers:

(1)

To appoint one or more persons to assist the Local Liquor Control Commissioner in the exercise of the Commissioner's powers and the performance of any duties as the Commissioner may deem necessary.

(2)

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 such applicant or licensee; to hear testimony and take proof of information in the performance of the Commissioner's duties, and for this purpose to issue subpoenas which shall be effective in any part of this state.

(3)

To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder, to determine whether any of the provisions of this article or any rules or regulations adopted by the Local Liquor Control Commissioner, or by any other agency having the authority to do so, have been or are being violated, and at the time of the entry to examine the premises in connection therewith.

(4)

To extend, by written order, closing hours upon occasion for good cause.

(5)

To allow, by written order, the serving and sale at retail of alcoholic beverages for consumption on the premises without a license for no more than eight hours on unlicensed premises when the activity is secondary to a major nonpartisan, nonpolitical fund-raising event sponsored by a civic, fraternal, educational, or charitable organization, or organization dedicated to the promotion, enhancement, or appreciation of museums, libraries, parks, gardens, or the fine arts, when the organization is organized under the laws of this state not for pecuniary profit. The order shall expressly restrict the sale and consumption of alcoholic liquor to specifically designated premises used in conjunction with the fund-raising event.

Liquor Advisory Board established. There is hereby established a Liquor Advisory Board which shall consist of the Local Liquor Control Commissioner and the members of the Village Board of Trustees. Three members of the Liquor Advisory Board shall constitute a quorum and the vote of a majority of those members voting shall be necessary to take or authorize action. The Liquor Advisory Board shall have the following duties and functions:

(1)

To recommend to the Local Liquor Control Commissioner rules, regulations, policies, and criteria, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the Village, and for the licensing and operation of retail liquor establishments.

(2)

To make any other recommendations to the Local Liquor Control Commissioner pertaining to the regulation and consumption of alcoholic liquor to the end that the health, safety, and welfare of the people of the Village be protected and that reasonable restraint in the consumption of alcoholic liquors be fostered and promoted.

(3)

To conduct hearings upon applications for, suspensions and revocations of, and complaints pertaining to liquor licenses, whenever referred to it by the Local Liquor Control Commissioner or required by provisions of this article, and make recommendations thereon to the Local Liquor Control Commissioner.

§ 141-1004 Licenses.

Unlicensed sale prohibited; sale in violation of restrictions prohibited; wine and beer tasting.

[Amended 7-10-2017 by Ord. No. 2017-22]

(1)

It shall be unlawful for any person not having a current, valid license, authorized and issued hereunder, to sell or offer for sale in the Village any alcoholic liquor.

(2)

It shall be unlawful for any licensee to sell or offer for sale in the Village any alcoholic liquor except in the manner authorized by and in compliance with the terms and restrictions of a license issued hereunder.

(3)

Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the Village, an alcoholic beverage with the intent of promoting the sale of an alcoholic beverage, except that the giving away by Class A-1 and Class A-2 licensees, without charge, of wine and/or beer in small and limited amounts for tasting purposes only, immediately prior and incidental to the sale of wine and/or beer in the original package for consumption off the premises, shall not be considered a violation of this section.

(a)

Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, giveaways, however, shall be subject to the following conditions and limitations:

[1]

The wine and/or beer tasting shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license;

[2]

The actual amount of wine and/or beer tasted may not exceed one ounce; and

[3]

The sample shall be served in a container which shall be disposed of following the sampling.

(b)

Furthermore, except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it is hereby declared unlawful to advertise the availability of a tasting or give-away through any public media or other means of communication other than advertisements on the licensed premises not visible from the exterior thereof.

Application for license.

(1)

Application generally. Application for a license hereunder shall be made to the Local Liquor Control Commissioner, in writing, signed by the applicant, if an individual, or by one of the partners, if a partnership, or by the duly authorized agent thereof, if a club or corporation, verified by an oath or affidavit.

(2)

Background information. Each application shall include the following background information:

(a)

The name, age and address of the applicant; in the case of a partnership, also the persons entitled to share in the profits thereof; in the case of a corporation for profit, or a club, also the officers and directors, and persons controlling in the aggregate more than 5% of the voting shares of stock.

(b)

The applicant's citizenship and place of birth, and if a naturalized citizen, the time and place of the applicant's naturalization; in the case of a corporation or club, the place of incorporation.

(c)

The character of business of the applicant, and in the case of a club or corporation, the objects for which it was formed, and the length of time that the applicant has been in the business, or in case of a club or corporation, the date on which its charter was issued.

(d)

The amount of goods, wares, and merchandise on hand at the time application is made.

(e)

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

(3)

Statements required. Except for applications for K or K-1 licenses, each application must include the following statements:

(a)

A statement as to whether the applicant has a current license issued by the Illinois Liquor Control Commission.

(b)

A statement as to whether the applicant has ever been convicted of a felony under any federal or state law.

(c)

A statement as to whether the applicant has ever been convicted of a violation of any federal, state, or local law concerning the manufacture, possession, or sale of alcoholic liquor, or has ever forfeited a bond to appear in court to answer charges for any such violation.

(d)

A statement as to whether the applicant has ever been convicted of a gambling offense as proscribed by any federal or state law or regulation.

(e)

A statement as to whether the applicant has had a similar license issued under federal or state law or under the ordinances of any municipality revoked within 10 years of the date of the present application.

(f)

A statement as to whether the applicant has had a similar license issued under federal or state law or under the ordinances of any municipality suspended more than once within one year of the present application.

(g)

A statement as to whether the applicant is a Village employee, or law enforcement agent of any government or government agency.

[Amended 5-22-2017 by Ord. No. 2017-12]

(h)

A statement as to whether the applicant has been issued a federal gaming device stamp or a federal wagering stamp by the federal government for the current tax period.

(i)

A statement as to whether a federal gaming device stamp has been issued for the current taxable year with respect to the premises for which the license is sought.

(j)

A statement as to whether the premises for which a license is sought comprise a 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 these minors.

(k)

A statement as to whether the retail sale of alcohol on the premises for which a license is sought will violate any provision of the Bannockburn Zoning Code,[1] and as to whether the premises are within 100 feet of the boundary line of any school, hospital, home for the aged, children, or indigent persons, or any military or naval station, or within 100 feet of the nearest part of any church building used for worship or educational purposes.

[1]

Editor's Note: See Ch. 260, Zoning.

(l)

A statement as to whether the applicant is a permanent resident of the Village of Bannockburn.

(m)

A statement as to whether the applicant beneficially owns the premises for which a license is sought, or has a lease thereon for the full period for which the license is to be issued.

(n)

A statement as to whether the applicant is the beneficial owner of the business to be licensed.

(o)

A statement as to whether the applicant will be personally, actively involved in the operation of the business to be licensed.

(p)

A statement as to whether the business is or will be managed by a manager or agent. All required statements pertaining to an individual licensee must be supplied with respect to any manager or agent.

(q)

A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of this state, this article, or other local ordinances.

(r)

A statement that the applicant will not violate any federal or state laws, this article, or other local ordinances in the conduct of the applicant's business.

(s)

If the applicant is a partnership, all required statements above pertaining to an individual licensee must be supplied with respect to each partner; provided, however, that the statement concerning active involvement in Subsection B(3)(o) is required of only one partner.

(t)

If the applicant is a corporation, all required statements above pertaining to an individual licensee must be supplied with respect to each officer, manager, or director thereof, and any stockholder or stockholders controlling in the aggregate more than 5% of the voting stock of the corporation; provided, however, that the statement concerning Village residency in Subsection B(3)(l) and the statement concerning active involvement in Subsection B(3)(o) shall not be required of any officers, managers, directors and five-percent-aggregate stockholders; provided, further, that the statement concerning the issuance of a federal gaming device stamp or a federal wagering stamp for the current taxable year in Subsection B(3)(h) shall only be required of a stockholder or stockholders who control in the aggregate more than 20%, rather than 5%, of the voting stock of the corporation.

(4)

Statements required. Each application for K or K-1 licenses must include the following statements:

(a)

A statement as to whether the applicant has a current license issued by the Illinois Liquor Control Commission.

(b)

A statement that the applicant is not disqualified from receiving a license by reason of any matter or item contained in the laws of this state, this article, or other local ordinances.

(c)

A statement as to whether the applicant will be personally, actively involved in the operation of the business to be licensed.

(d)

A statement that the applicant will not violate any federal or state laws, this article, or other local ordinances in the conduct of the applicant's business.

(5)

Ineligibility for license. No license of any kind shall be issued or renewed to:

(a)

A person who has been convicted of a felony under any federal or state law, if the local Liquor Advisory Board determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.

(b)

A person who had been convicted of a violation of any federal, state, or local law concerning the manufacture, possession, or sale of alcoholic liquor or shall have forfeited a bond to appear in court to answer charges for any such violation.

(c)

A person who has been convicted of a gambling offense as proscribed by any federal or state law or regulation.

(d)

A person whose liquor license issued under state law or any local ordinance has been revoked for cause within 10 years of the date of the present application.

(e)

A person whose liquor license issued under this article has been suspended more than once for cause within one year of the present application if the local Liquor Advisory Board determines that the applicant is no longer worthy of the public trust.

(f)

Any Village employee, law-enforcing official, the President and any member of the Board of Trustees; provided, however, that nothing herein contained shall prohibit the issuance of a license to a bona fide not-for-profit private club or charitable or educational organization, owned and operated by its members, one or more of which members is a Village employee, law-enforcing public official, the President, or a member of the Board of Trustees.

(g)

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.

(h)

A person applying for a license with respect to premises for which a federal gaming device stamp has been issued for the current taxable year.

(i)

A person applying for a license with respect to 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 these minors.

(j)

A person applying for a license with respect to premises upon which the retail sale of alcoholic liquor will violate any provision of the Bannockburn Zoning Code,[2] or which premises are within 100 feet of any church, school, hospital, home for the aged, children, or indigent persons, or any military or naval station; provided that in measuring the distance from a church, the nearest part of any building for worship or educational purposes shall be used rather than property boundaries; provided, further, that no distance shall be required with respect to a state university or other institution of higher learning.

[2]

Editor's Note: See Ch. 260, Zoning.

(k)

A person who is not a permanent resident of the Village of Bannockburn.

(l)

A person who does not beneficially own or does not have a lease thereon for the full period for which the license is to be issued.

[Amended 5-22-2017 by Ord. No. 2017-12]

(m)

A person who is not the beneficial owner of the business to be licensed.

(n)

A person who will not be personally, actively involved in the operation of the business to be licensed.

(o)

A person whose place of business is managed by a manager or agent unless the manager or agent possesses the qualifications required of an individual licensee.

(p)

A partnership, unless all members thereof shall be qualified to obtain a license; provided, however, that the requirement of active involvement in Subsection B(3)(o) shall apply only to one partner.

(q)

A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders controlling in the aggregate more than 5% of the stock of the corporation, would not be eligible, except by reason of the Village residency requirement in Subsection B(3)(l) or the requirement of active involvement in Subsection B(3)(o), to receive a license hereunder; provided, however, that the ineligibility of a corporate applicant premised on a stockholder or stockholders having received a federal gaming device stamp or a federal wagering stamp for the current taxable year in Subsection B(3)(h) shall apply only to the extent that the stockholder or stockholders control in the aggregate more than 20%, rather than 5%, of the stock of the corporation.

(6)

All licenses issued pursuant to this article shall be conditioned upon the acquisition by the applicant of a state license issued by the Illinois Liquor Control Commission. Any license so conditionally issued shall not authorize the retail sale of any alcoholic liquor until proof of acquisition of the state license is furnished to the Local Liquor Control Commissioner. In the event that the applicant is refused a state license by the Commission, the license conditionally issued under this article shall become null and void and the license fee and surety bond required by this article shall be returned to the applicant.

(7)

In addition to other grounds specified in this article, the Local Liquor Control Commissioner, on complaint of the Illinois Department of Revenue, may refuse the issuance or renewal of a license, or suspend or revoke the license, for any of the following violations of the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.):

(a)

Failure to make a tax return.

(b)

The filing of a fraudulent return.

(c)

Failure to pay all or part of any tax or penalty finally determined to be due.

(d)

Failure to keep books and records.

(e)

Failure to secure and display a certificate or subcertificate of registration.

(f)

Willful violation of any rule or regulation of the State Department of Revenue relating to the administration and enforcement of tax liability.

BASSET program.

[Amended 7-10-2017 by Ord. No. 2017-22]

(1)

Training program. Training is required as specified below:

(a)

For licenses effective on or after March 1, 2012, the original or renewal application for all annual licenses shall be accompanied by proof of completion of a state-certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) program, for at least the manager of the licensee for all classes of licenses, and for all persons who serve or sell alcoholic beverages pursuant to this article on behalf of any licensee holding either a Class A-1, A-2, B-1, B-2, C-1, C-2, D, D-1, E, F, G, H, I, J, K, K-1, L, or M-1 license.

[Amended 5-11-2020 by Ord. No. 2020-15]

(b)

After March 1, 2012, within 90 days from the beginning of their employment with a licensee, any manager of a licensee, and any person who serves or sells alcoholic liquor on behalf of any licensee holding either a Class A-1, A-2, B-1, B-2, C-1, C-2, D, D-1, E, F, G, H, I, J, K, K-1, L, or M-1 license, shall complete the BASSET program, and shall, until completion of the BASSET program, work under the supervision of a person who has completed the BASSET program.

[Amended 5-11-2020 by Ord. No. 2020-15]

(c)

A photocopy of the certificate of completion of the BASSET program must be filed with the Village Clerk and maintained in the manager's office on the premises of the licensee.

(2)

Service, sale, and management without required training prohibited.

(a)

It is unlawful to permit any person in an establishment holding either a Class A-1, A-2, B-1, B-2, C-1, C-2, D, D-1, F, G, H, I, J, K, K-1, L, or M-1 license to serve or sell alcoholic beverages unless that person has completed the BASSET program as required by this section.

[Amended 5-11-2020 by Ord. No. 2020-15]

(b)

In addition, no establishment holding any annual license under this article shall employ a manager in all annual licensed establishments unless that person has completed the BASSET program as required in this section.

§ 141-1005 Classification and schedule of fees.

[Amended 7-10-2017 by Ord. No. 2017-22]

There shall be the following classes of licenses and respective license fees; provided, however, that no license shall be issued in excess of the number, if any, specified in § 141-1009 for each class of license.

Class A-1 licenses. Class A-1 licenses shall authorize the retail sale of alcoholic liquor, in the original package, only for consumption off the premises where sold, and not for consumption on the premises where sold. Class A-1 licenses may be issued only to an applicant which will use no more than 10% of its total merchandise display and sale space for the display and sale of beer and spirits, and no more than 40% of its total merchandise display and sale space for the display and sale of wine, and which will display and sell other merchandise from the remainder of such space. The annual fee for Class A-1 licenses shall be $1,750.

Class A-2 licenses. Class A-2 licenses shall authorize the retail sale of only beer or wine, in the original package, only for consumption off the premises where sold, and not for consumption on the premises where sold. Class A-2 licenses shall also authorize the holding of wine tasting sessions for a single admission fee on the licensed premises, provided that the license holder strictly complies with each of the following requirements. The annual fee for Class A-2 licenses shall be $750.

(1)

No more than 12 sessions shall be held on the licensed premises in any one license year as defined by § 141-1012.

(2)

No session shall be of a duration of more than three hours, and sessions shall be held only during the ordinary business hours of the licensed premises. Each session shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license.

(3)

There shall be no advertising or publication visible or recognizable outside of the licensed premises relating to these sessions, except for the sending of personalized invitations through the mail. The license holder shall notify the Local Liquor Control Commissioner of the time and place of each session, or of any rescheduling of a session, at least 48 hours in advance of any session.

(4)

No person shall consume more than two ounces of any one type of wine or more than 12 ounces of all types of wine during any session or on the premises during any one day. Attendance at any session shall not exceed 30 persons, excepting family members and employees of the license holder, and representatives of manufacturers or distributors.

(5)

Each session shall comply in all other respects with the provisions of the Bannockburn Liquor Control Ordinance where applicable.

Class B-1 licenses. Class B-1 licenses shall authorize the retail sale of alcoholic liquors for consumption only on the premises where sold to members or guests of members by clubs, as defined in this article, organized under the laws of this state not for pecuniary profit. Class B-1 licenses may only be issued to a club owning or occupying under a lease having a definite term of more than one year a parcel of real property of no fewer than 10 acres, and requiring the payment of annual dues from its members of more than $240. The annual fee for Class B-1 licenses shall be $1,000.

Class B-2 licenses. Class B-2 licenses shall authorize the retail sale of alcoholic liquor for consumption, only on the premises where sold, to members or guests of members by clubs, as defined this article, organized under the laws of this state not for pecuniary profit and primarily for charitable, educational, or service purposes, or the promotion, enhancement, or appreciation of museums, libraries, parks, gardens, or the fine arts. The annual fee for Class B-2 licenses shall be $250.

Class C-1 licenses. Class C-1 licenses shall authorize the retail sale of alcoholic liquor by restaurants, but only when the sale is incidental and complementary to the sale and service of complete meals and for consumption only on the premises where sold. The annual fee for Class C-1 licenses shall be $2,000.[1]

[1]

Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $1,500. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.

Class C-2 licenses. Class C-2 licenses shall authorize the retail sale of beer and wine by restaurants, but only when the sale is incidental and complementary to the sale and service of complete meals and for consumption only on the premises where sold. The annual fee for Class C-2 licenses shall be $1,250.

Class D licenses. Class D licenses shall authorize the retail sale of alcoholic liquor in restaurant lounge areas, as defined in this article, for consumption only on the premises where sold. The annual fee for Class D licenses shall be $1,000. The holder of a valid Class D-1 license shall be permitted to install in the separate restaurant lounge area a bar not longer than 30 lineal feet providing seats which number not more than 7% of the seating capacity of the associated restaurant, and shall be permitted to engage in retail sales of alcoholic liquor for consumption at the bar to persons seated thereat. The total number of seats provided in the separate restaurant lounge area, whether at the bar or at tables (other than full-sized tables where complete food service is regularly available), shall not exceed 25% of the seating capacity of the associated restaurant.

Class D-1 licenses. Class D-1 licenses shall authorize the retail sale of alcoholic liquor in outdoor patio bar areas, as defined in this article, for consumption only within the outdoor patio bar area designated as part of the license. The annual fee for Class D-1 licenses shall be $1,000. The holder of a valid Class D-1 license shall be permitted to install a separate outdoor patio bar area not longer than 20 lineal feet providing seats that number not more than 12% of the indoor seating capacity of the associated restaurant, and shall be permitted to engage in retail sales of alcoholic liquor for consumption at the outdoor patio bar area to persons seated thereat. The total number of seats provided in the separate outdoor patio bar area, whether at the bar or at tables (other than full-sized tables where complete food service is regularly available), shall not exceed 45% of the indoor seating capacity of the associated restaurant. The holder of a valid Class D-1 license shall close by 11:00 p.m., Sunday through Thursday, and 12:00 midnight, Friday and Saturday. Live or recorded music may not be played or performed in the outdoor patio bar area.

Special Class E licenses. Special Class E licenses shall authorize, subject to the following restrictions, the retail sale of alcoholic liquor by civic, fraternal, service, educational, or charitable organizations, and organizations dedicated to the promotion, enhancement, or appreciation of museums, libraries, parks, gardens, or the fine arts, when the organizations are organized under the laws of this state not for pecuniary profit. Special Class E licenses shall be issued to these organizations only for fundraising events, festivals, outings, picnics, and other similar special events, only for consumption on the premises or within the area specifically designated in such license, and shall in no event be valid for longer than 48 hours. The fee for special Class E licenses shall be $15 per day.

Class F licenses. Class F licenses shall authorize the retail sale of alcoholic liquor for consumption only on the premises where sold, to members or guests of a private tennis and racquetball facility at a short-order grill established therein. The annual fee for Class F licenses shall be $2,000.[2]

[2]

Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $1,000. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.

Class G licenses. Class G licenses shall authorize the retail sale of alcoholic beverages in a non-restaurant food service facility for consumption only on the premises where sold to customers of the facility, but only when the sale of alcoholic beverages is in addition to or incidental and complementary to the service of food. The annual fee for Class G licenses shall be $2,000.

Class H licenses. Class H licenses shall authorize the retail sale of beer and wine only by hotels for consumption on the premises only, subject to the terms, conditions, and restrictions of this and all other pertinent sections of this article. The privilege granted by Class H licenses shall be to sell beer and wine in the original container through a retail store within the hotel, which sales shall be limited to persons who are registered guests of the hotel. Beer and wine sold pursuant to a Class H license shall be for consumption by registered guests of the hotel only on the licensed premises. Authorized sales by any Class H licensee may occur only between the hours of 11:00 a.m. and 11:00 p.m. on Monday through Sunday. All beer and wine must be secured in a locked area between the hours of 11:00 p.m. and 11:00 a.m. The annual fee for Class H licenses shall be $1,500.[3]

[Amended 10-10-2017 by Ord. No. 2017-31]

[3]

Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $750. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.

Class I licenses. Class I licenses shall authorize the retail sale of alcoholic liquor as an incidental part of a food service that serves prepared meals for parties, weddings, and special events only. The annual fee for such license shall be $1,000.

Class J licenses. Class J licenses may be issued only to an applicant that operates as a grocery store and which will use no more than 20% of its total merchandise display and sale space for the display and sale of wine, beer and spirits and which will display and sell other merchandise from the remainder of such space. The annual fee for Class J licenses shall be $2,500.

(1)

Consumption and retail sale of wine and beer off and on premises. Class J licenses shall authorize the retail sale by a grocery store of alcoholic liquor, in the original package, for consumption off the premises where sold. In addition, Class J licenses shall authorize the retail sale by a grocery store of alcoholic liquor for consumption on the premises where sold subject to the BASSET regulations stated in § 141-1004C. Class J licensees may sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village between the hours of 7:00 a.m. and 11:00 p.m. on Monday through Sunday.

(2)

Special or organized wine and beer tastings. Class J licenses shall authorize the holding of special or organized wine tasting and/or beer tasting events for a single admission fee on the licensed premises, provided that the license holder strictly complies with each of the following requirements:

(a)

No more than 12 special or organized wine tasting and/or beer tasting events shall be held on the licensed premises in any one license year as defined by § 141-1012;

(b)

No special or organized wine tasting and/or beer tasting event shall be of a duration of more than five hours, and special or organized wine tasting and/or beer tasting events shall be held only between the hours of 7:00 a.m. and 11:00 p.m. on Monday through Sunday at the licensed premises. Each special or organized wine tasting and/or beer tasting event shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license;

(c)

There shall be no advertising or publication visible or recognizable outside of the licensed premises relating to these special or organized wine tasting and/or beer tasting events, except for the sending of personalized invitations electronically or through the mail. The license holder shall notify the Local Liquor Control Commissioner of the time and place of each wine tasting and/or beer tasting event, or of any rescheduling of a wine tasting and/or beer tasting event, at least 48 hours in advance of any wine tasting and/or beer tasting event;

(d)

No person shall consume more than 12 ounces of all types of wine during any wine tasting and/or beer tasting event, or on the premises during any one day. Attendance at any special or organized wine tasting and/or beer tasting event shall not exceed 150 persons, excepting family members and employees of the license holder, and representatives of manufacturers or distributors;

(e)

No person shall consume more than 24 ounces of all types of beer during any wine tasting and/or beer tasting event, or on the premises during any one day. Attendance at any wine tasting and/or beer tasting event shall not exceed 150 persons, excepting family members and employees of the license holder, and representatives of manufacturers or distributors; and

(f)

Each special or organized wine tasting and/or beer tasting event shall comply in all other respects with the provisions of the Bannockburn Liquor Control Ordinance where applicable.

(3)

Consumption of wine and beer on the patio. Class J licenses shall additionally authorize for consumption alcoholic liquor on the patio area adjoining the premises where sold between the hours of 11:00 a.m. and 11:00 p.m. on Monday through Sunday.

(4)

Consumption of wine and beer without charge. Class J licensees may give away or otherwise dispense without charge, by the drink or in any other manner, within the premises, an alcoholic beverage consisting of a sample of wine or beer with the intent of promoting the sale of an alcoholic beverage of wine or beer, immediately prior and incidental to the sale of wine or beer in the original package for consumption off the premises, which shall not be considered a violation of this section, provided that the license holder strictly complies with each of the following conditions and limitations:

(a)

The tasting shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license;

(b)

The actual amount of any sample of wine tasted may not exceed two ounces;

(c)

The actual amount of any sample of beer tasted may not exceed four ounces; and

(d)

The sample shall be served in a container which shall be disposed of on site following the sampling.

Class K licenses. Class K licenses shall authorize the service and consumption of bring-your-own-beverages on the licensed premises or within the area designated in the license from 11:00 a.m. to 11:00 p.m. on Monday through Saturday and from 11:00 a.m. to 10:00 p.m. on Sunday. The licensed premises, or designated area, may be a club, restaurant, restaurant lounge area, short-order grill, non-restaurant food service facility, hotel, grocery store, patio, or outdoor patio bar, as defined herein. Class K licenses do not permit patrons of a licensed premises to depart the licensed premises with a bring-your-own-beverage unless that beverage is in its original container and with the seal unbroken. The annual fee for a Class K license shall be $500.[4]

[4]

Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $250. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.

Class K-1 licenses. Class K-1 licenses shall authorize the service and consumption of bring-your-own-beverages on the licensed premises or within the area designated in the license only for fundraising events, festivals, outings, and other similar special events. In no event shall the service or consumption of bring-your-own-beverages pursuant to a K-1 license be permitted before 11:00 a.m. or after 11:00 p.m. on Monday through Saturday, or before 11:00 a.m. or after 10:00 p.m. on Sunday, and K-1 licenses shall in no event be valid for longer than 48 hours. Class K-1 licenses do not permit patrons of a licensed premises to depart the licensed premises with a bring-your-own-beverage unless that beverage is in its original container and with the seal unbroken. The fee for Class K-1 licenses shall be $100 per day.

Class L licenses. Class L licenses may be issued only to an applicant that operates as a grocery store with pharmacy and which will use no more than 20% of its total merchandise display and sale space for the display and sale of wine, beer and spirits and which will display and sell other merchandise from the remainder of such space.

(1)

Consumption and retail sale of wine and beer off and on premises. Class L licenses shall authorize the retail sale by a grocery store with pharmacy of alcoholic liquor, in the original package, for consumption off the premises where sold. In addition, Class L licenses shall authorize the retail sale by a grocery store with pharmacy of alcoholic liquor for consumption on the premises where sold subject to the BASSET regulations stated in § 141-1004C. Class L licenses may sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village between the hours of 6:00 a.m. and 10:00 p.m. on Monday through Sunday.

(2)

Special or organized wine and beer tastings. Class L licenses shall authorize the holding of special or organized wine tasting and/or beer tasting events for a single admission fee on the licensed premises, provided that the license holder strictly complies with each of the following requirements:

(a)

No more than 12 special or organized wine tasting and/or beer tasting events shall be held on the licensed premises in any one license year as defined by § 141-1012;

(b)

No special or organized wine tasting and/or beer tasting event shall be of a duration of more than five hours, and special or organized wine tasting and/or beer tasting events shall be held only between the hours of 6:00 a.m. and 10:00 p.m. on Monday through Sunday at the licensed premises. Each special or organized wine tasting and/or beer tasting event shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license;

Each special or organized wine tasting and/or beer tasting event shall comply in all other respects with the provisions of the Bannockburn Liquor Control Ordinance where applicable.

(3)

Consumption of wine and beer on the patio. Class L licenses shall additionally authorize for consumption alcoholic liquor on the patio area adjoining the premises where sold between the hours of 11:00 a.m. and 10:00 p.m. on Monday through Sunday.

(4)

Consumption of wine and beer without charge. Class L licensees may give away or otherwise dispense without charge, by the drink or in any other manner, within the premises, an alcoholic beverage consisting of a sample of wine or beer with the intent of promoting the sale of an alcoholic beverage of wine or beer, immediately prior and incidental to the sale of wine or beer in the original package for consumption off the premises, which shall not be considered a violation of this section, provided that the license holder strictly complies with each of the following conditions and limitations. The annual fee for Class L licenses shall be $2,500.

(a)

The tasting shall be attended and supervised by a full-time employee in a designated area on the licensed premises as approved by the Local Liquor Control Commissioner and designated in the license;

(b)

The actual amount of any sample of wine tasted may not exceed two ounces;

(c)

The actual amount of any sample of beer tasted may not exceed four ounces; and

(d)

The sample shall be served in a container which shall be disposed of on site following the sampling.

Class M licenses. Class M licenses shall authorize cooking schools to sell beer and wine on the licensed premises (or designated areas of the licensed premises as determined by the Liquor Commissioner and designated in the license). A Class M licensee shall only be allowed to sell beer and wine to persons enrolled in or otherwise attending a cooking or wine class of the licensee or in connection with an event catered by the licensee cooking school. Sales of beer and wine may be for on-premises consumption or for off-premises consumption when the beer or wine is in its original packaging with the seal unbroken. For purposes of this subsection, the term "cooking school" shall be defined as business which provides culinary instruction, both demonstration style and hands on, to persons of all levels of cooking experience. The annual fee for a Class M license shall be $750.[5]

[Added 5-11-2020 by Ord. No. 2020-15]

[5]

Editor's Note: Per Ord. No. 2020-31, the reduced fee for the license year beginning 3-1-2021 and ending 2-28-2022 (license year 2021-2022) for this license is $375. Ord. No. 2020-31 also specified that this reduced fee amount shall apply only to timely submitted applications for renewal of existing Class C-1, F, H, K, and M Village liquor licenses for license year 2021-2022. All other local liquor license fees, including all annual fees for license years after license year 2021-2022, shall be determined in accordance with Chapter 141, Article X, of the Village Code, as it may be amended from time to time.

§ 141-1006 Proration of fees.

The fee to be paid for licenses issued under the provisions of this article shall be reduced in proportion to the number of calendar months which have expired in the license year prior to the issuance of the license. 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 the license in accordance with the provisions of § 141-1013. There shall be no refund where a license is suspended, revoked, or involuntarily terminated pursuant to federal or state law, or this article.

§ 141-1007 Cost assessment.

[Amended 5-22-2017 by Ord. No. 2017-12]

The applicant shall be liable for all costs incurred by the Village in processing the application and investigating the statements and information provided therein. There shall be a flat, nonrefundable cost assessment of $250 for each application to cover general overhead costs. All direct out-of-pocket costs shall be assessed as incurred. No cost assessment shall be made in connection with applications for a Class B-2 or Class E license.

§ 141-1008 Payment and disposition of fees and cost assessment.

The nonrefundable cost assessment of $250 must be submitted with any application for a license pursuant to this article. Additional cost assessments shall be paid within 14 days of billing. All fees for licenses issued under this article shall be paid to the Local Liquor Control Commissioner before the day on which the license applied for is to become effective. In the event the license applied for is denied, any fee submitted shall be returned to the applicant after costs incurred by the Village in excess of the $250 nonrefundable cost assessment have been deducted. The applicant shall remain liable for any costs in excess of the fee and cost assessment submitted. If the license is granted, then the fee and cost assessment shall be deposited in the general corporate purposes fund or in any other fund as shall have been designated by the President and Board of Trustees by motion, resolution, or ordinance.

§ 141-1009 Number of licenses.

[Amended 7-10-2017 by Ord. No. 2017-22; 8-12-2019 by Ord. No. 2019-16; 5-11-2020 by Ord. No. 2020-15]

The following shall be the number of licenses to be issued for each class:

Class A-1	2
Class A-2	2
Class B-1	0
Class B-2	0
Class C-1	3
Class C-2	0
Class D	1
Class D-1	1
Class E	2
Class F	1
Class G	1
Class H	1
Class I	1
Class J	1
Class K	1
Class K-1	0
Class L	1
Class M	1

§ 141-1010 Bond.

Before any license may be issued, the applicant shall furnish a surety bond in the amount of $1,000 to the Village. The bond shall be forfeited automatically upon revocation of the license for which the bond was furnished if revocation was for cause. This bond shall not be required for Class B-2 and Special Class E licenses.

§ 141-1011 Restrictions on political contributions.

It shall be unlawful for any licensee, where more than 5% of the licensee's gross income is derived from the sale of alcoholic beverages, or any officer, associate, representative, agent, or employee of the licensee to become liable for, pay, or make any contribution directly or indirectly toward the campaign fund or expenses of any political party, or candidate for public office, or for the nomination of any candidate for any public office. The Liquor Control Commissioner shall revoke the license of any licensee who is convicted of a violation of this section.

§ 141-1012 License as personal privilege.

A license issued under this article shall be purely a personal privilege to expire on the last day of February next following the issuance thereof 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. Licenses issued under this article shall not descend by the laws of testate or intestate devolution but shall, except as provided in § 141-1013A, 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 the estate consists in part of alcoholic liquor, may continue the business of the sale 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 the decedent, or such insolvency or bankruptcy until the expiration of the license but no longer than six months after the death, bankruptcy, or insolvency of the licensee.

§ 141-1013 Changes in personnel.

Any changes in a partnership, or in officers, directors, or persons holding directly or beneficially more than 5% of the stock of a corporation or ownership interest, or managers, of establishments licensed under this article shall be reported in writing to the Local Liquor Control Commissioner within 10 days of the change. All new personnel shall meet all the standards of this article 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.

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, the license shall terminate.

When a license has been issued to a corporation and a change takes place in the manager thereof, and the change results in management by one who is not eligible to hold a liquor license, the license shall terminate.

§ 141-1014 Sales.

Sales restricted to authorized premises; change of location. A license shall permit the sale of alcoholic liquor only in or from the premises described in the application and license, and only in the manner therein authorized and in compliance with the terms thereof. The location may be changed only upon the issuance of a written permit to make the change, issued by the Local Liquor Control Commissioner. 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, this article, and other local ordinances.

Displaying license. Every licensee shall cause the licensee's current alcoholic beverage license to be framed and hung in plain view in a conspicuous place on the licensed premises.

Hours of business.

[Amended 7-10-2017 by Ord. No. 2017-22; 10-10-2017 by Ord. No. 2017-31]

(1)

Consumption on the premises. Except as provided in § 141-1005N for Class J licenses, § 141-1005L for Class H licenses, and in § 141-1005Q for Class L licenses, it shall be unlawful to sell or offer for sale at retail alcoholic liquor for consumption on the premises in the Village before 11:00 a.m. or after 11:00 p.m. on Monday through Saturday or before 11:00 a.m. and after 10:00 p.m. on Sunday.

(2)

Consumption off the premises. Except as provided in § 141-1005N for Class J licenses and in § 141-1005Q for Class L licenses, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor in its original package for consumption off the premises in the Village between the hours of 10:00 p.m. and 7:00 a.m. on the following day.

(3)

New Year's Day. The foregoing provisions shall not prohibit the sale at retail of alcoholic liquor for consumption either on or off the premises in the Village past the normal closing hours of the day before and until the hour of 5:00 a.m. on New Year's Day.

(4)

Hours for other business. Licensed premises may remain open for the sale of food during the hours within which the sale of alcoholic liquor is prohibited, but no alcoholic liquor may be sold to or consumed by the public on the premises during these hours.

Sanitary requirements. All premises used for the retail sale of alcoholic liquor or for the storage of liquor for retail sale shall be kept in a clean and sanitary condition, and kept in compliance with all applicable federal, state, and local laws, ordinances, regulations, rules, and other provisions governing the condition of premises used for the storage or sale of food for human consumption.

[1]Civil rights in licensed premises. No licensee licensed under the provisions of this article shall deny or permit his or her agents or employees to deny any person the full and equal enjoyment of the accommodation, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold, subject only to the conditions and limitations established by law and applicable alike to all citizens. This provision shall not be construed to prevent a good faith refusal to serve alcoholic liquor to any intoxicated person or to any person who reasonably appears to be intoxicated.

[Amended 5-22-2017 by Ord. No. 2017-12]

[1]

Editor's Note: Original Subsection E, Health of employees, was repealed 5-22-2017 by Ord. No. 2017-12.

Sales to intoxicated persons.

(1)

No licensee nor any officer, associate, member, representative, agent, or employee of any licensee shall sell, give, dispense, or deliver any alcoholic liquor to any person who is, or who appears to be, intoxicated.

(2)

It shall be unlawful for any person, after purchasing or otherwise obtaining alcoholic liquor, to sell, give, dispense, or deliver the alcoholic liquor to an intoxicated or apparently intoxicated person.

Sales to minors.

(1)

No licensee nor any officer, associate, member, representative, agent, or employee of any licensee shall sell, give, dispense, or deliver any alcoholic liquor to any person under the age of 21 years.

(2)

No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give, dispense, or deliver the alcoholic liquor to any person under the age of 21 years; provided, however, that this shall not prohibit the consumption of alcoholic liquor by a minor in the performance of a religious ceremony; provided, further, that this shall not prevent the consumption of alcoholic liquor by a minor in the minor's own home pursuant to the condonation and supervision of the minor's parents or legal guardians.

(3)

It shall be unlawful for any holder of a liquor license, or the agent or employees of any holder of a liquor license, to suffer or permit any person under the age of 21 years to be or remain on the licensed premises, or in any room or compartment adjoining or adjacent to the licensed premises; provided, however, that this subsection shall not apply to any person under the age of 21 who is accompanied by a parent or guardian, or to any licensed premises in which the principal business involves the sale of services or commodities other than alcoholic liquor.

(4)

In any 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 Village Clerk and which shall read substantially as follows:

WARNING TO PERSONS UNDER THE AGE OF 21 YEARS: YOU ARE SUBJECT TO A FINE OF UP TO $750 UNDER AN ORDINANCE OF THE VILLAGE OF BANNOCKBURN IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR.

(5)

If a licensee, or a licensee's agents or employees, believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient may be under 21 years of age, the licensee, agent, or employee shall, before making the sale, dispensing or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of the public officer's official duties.

Sales by minors. It shall be unlawful for any licensee or person in charge of premises licensed hereunder to permit any person under 21 years of age to sell, serve, draw, pour, mix, or deliver any alcoholic liquor in any licensed retail premises; provided, however, that a person under 21 years of age but at least 19 years of age may do so when in the presence and under the direct supervision and control of an employee 21 years of age or older.

Purchases by minors.

(1)

No person under the age of 21 years shall purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession, except as provided in Subsections G(2) and H.

(2)

It shall be unlawful for any person to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the Village where alcoholic liquor is sold.

(3)

No person shall transfer, alter, or deface an identification card, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by means of false information, where the card may enable such person to circumvent the provisions of this article.

(4)

It shall be unlawful for any parent or guardian intentionally or negligently to permit any child under the age of 21 of which he or she is parent or guardian to violate any provision of this article.

Peddling prohibited. It shall be unlawful to peddle alcoholic liquor in the Village.

§ 141-1015 Revocation or suspension of license; complaints.

Violation determined by Commissioner. The Local Liquor Control Commissioner may suspend, for not more than 30 days, or revoke any license issued by the Commissioner if the Commissioner determines that there has been any violation of any state law pertaining to the sale of alcoholic liquor or any provision of this article, or any applicable rules or regulations established by the Local Liquor Control Commissioner, or the Illinois Liquor Control Commission, or for the failure to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale thereof. However, except as hereinafter provided, no license shall be revoked or suspended except after a public hearing by the Liquor Advisory Board, to commence not sooner than five days after written notice shall have been transmitted to the licensee at the licensed premises by United States mail, affording the licensee an opportunity to appear and defend. If the Local Liquor Control Commissioner has reason to believe that any continued operation of any particular licensed premises will threaten the welfare of the community, the Commissioner may, upon the issuance of a written order stating the reason for his or her conclusion and without notice or hearing but with the consent of not fewer than two members of the Liquor Advisory Board, order a licensed premises closed for not more than seven days pending a hearing on the suspension or revocation of the license therefor. The order shall contain notice of the date, time and place of the hearing thereon, which hearing shall commence not fewer than five days nor more than seven days from the date of service, personally or by certified United States mail, of the notice upon the licensee or the licensee's agent, or any employee thereof in charge of the licensed premises. The Liquor Advisory Board shall hold the hearing at the date, time, and place set forth in the notice, giving the licensee an opportunity to be heard, and shall make its advisory report and recommendation to the Local Liquor Control Commissioner not later than five days from the conclusion of the hearing. If the licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, the initial closing order shall not be applicable to the other business or businesses. Appeals shall be taken to the Illinois Liquor Control Commission and the Illinois Circuit Court in the manner provided by law.

Violation determined by court.

(1)

Whenever any licensee shall be convicted in court of any violation of state law pertaining to the sale of alcoholic liquor, or any provision of this article, or any applicable rules or regulations established by the Local Liquor Control Commissioner or the State Commission, or any law or regulation pertaining to liquor license fees or taxes, the license of the licensee may, in the discretion of the Local Liquor Control Commissioner, be revoked. The revocation need not be preceded by notice or a hearing for such licensee. However, the licensee shall have a right to a public hearing by the Liquor Advisory Board for the purpose of showing cause for reissuing the revoked license by petitioning for a hearing within 15 days of the revocation of the license. The hearing shall be held within a reasonable time and shall allow the licensee an opportunity to be heard, and the Liquor Advisory Board shall make its advisory report and recommendation to the Local Liquor Control Commissioner not later than five days from the conclusion of the hearing.

(2)

Whenever an officer, director, manager, or other employee of any licensee under this article shall be convicted of any violation of any law, ordinance, or provision as provided in Subsection B(1), while engaged in the course of his or her employment or while on the premises described in the license, the license may be revoked in the discretion of the Local Liquor Control Commissioner, subject to a subsequent hearing as provided in Subsection B(1).

Complaints. Any person may file a complaint with the Local Liquor Control Commissioner alleging that any licensee has been or is violating state law pertaining to the sale of alcoholic liquor, or the provisions of this article or the rules or regulations issued pursuant thereto. Complaints shall be in writing, in the form prescribed by the Local Liquor Control Commissioner, and shall be signed and sworn to by the parties complaining. The complaint shall state the particular law, provisions, rule, or regulation believed to have been violated and the facts in detail upon which the belief is based. If the Local Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and finds probable cause to believe the same, the Commissioner shall set the matter for hearing and shall serve notice upon the licensee of the time and place of the hearing and of the particular charges in the complaint, the hearing to take place not sooner than five days from the date upon which the notice is mailed to the licensee at the address of the licensed premises, by United States mail.

§ 141-1016 Restrictions on serving and drinking alcohol.

No person shall serve or drink any alcoholic liquor in any restaurant, dining room, lunchroom, or other place of public resort in the Village, other than one where the sale of alcoholic liquor for consumption on the premises is permitted under license and said service takes place during the hours and in the manner permitted by the license.

No person shall drink any alcoholic liquor in any public street, pathway, parkway, or parking lot in the Village.

No person shall consume or be in possession of any alcoholic liquor on any premises licensed under this article other than that alcoholic liquor sold and dispensed by the licensee. The licensee or his agent shall have the authority to order the immediate removal of any alcoholic liquor carried onto a licensed premises in violation of this section.

Consumption of alcoholic liquor shall be restricted to designated serving areas of the licensed premises, and may not be carried into or consumed in other areas, parking lots, or adjoining property.

§ 141-1017 Fines for violations.

Fines in general. Any person who violates any provision of this article shall for a first offense be fined not less than $50 nor more than $750, and for a second or subsequent offense shall be fined not less than $100 nor more than $750.

Separate offenses. Each day on or during which any person violates any of the provisions of this article, and each separate act or transaction in violation of this article, shall constitute a separate offense.

Vicarious liability. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this article by any officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done by the employer or licensee personally.

§ 141-1018 Adoption of state law.

All the provisions of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.) and the rules and regulations issued by the Illinois Liquor Control Commission, as amended, pertaining to local control of alcoholic beverages are hereby incorporated into and declared to be a part of this article the same as if expressly set forth herein, except those provisions which are specifically contrary to or inconsistent with applicable provisions of this article.