City of Mendota, IL
LaSalle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Mendota as Ch. 34 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 114.
Licensing — See Ch. 193.
Offenses — See Ch. 210.
Peddling and soliciting — See Ch. 221.
Tobacco and tobacco products — See Ch. 278.

§ 110-1 Definitions.

Unless the context otherwise requires, the terms used in this chapter shall have the following meanings:
ALCOHOLIC LIQUOR
Any spirits, wine, beer, ale, or other liquid containing more than 1/2 of 1% of alcohol by volume, which is fit for beverage purposes.
CLUB
A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of dues and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests; provided that such club files with the Mayor at the time of its application for a license under this chapter two copies of a list of names and residences of its members and similarly files within 10 days of the election of any additional members their names and addresses, and provided further that its affairs and management are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members at their annual meeting, and that no member or any officer, agent or employee of the club is paid directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its Board of Directors or other governing body out of the general revenue of the club.
DISTILLER
A person who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor. A distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors and nonbeverage users and to no other licensees.
[Added by Ord. No. 05-02-16]
HOTEL
Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of the guests and having one or more dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings, structure or structures and being provided with adequate and sanitary kitchen and dining room equipment and capacity.
RESTAURANT
Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
RETAIL SALE
The sale for use or consumption and not for resale.

§ 110-2 License required.

It shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.

§ 110-3 Application for license.

A. 
Application for such license shall be made to the Mayor (Liquor Commissioner) in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation, verified by oath or affidavit, and shall contain the following information and statements:
(1) 
The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in profits thereof; and in the case of a corporation for profit or a club, the date of incorporation, the object for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such corporation is owned by one person or his nominee, the name and address of such person.
(2) 
The location and description of the premises or place of business which is to be operated under such license.
(3) 
The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization.
(4) 
The character of the business of the applicant, and in case of a corporation, the object for which it was formed.
(5) 
A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and disposition of such application.
(6) 
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state or ordinances of this City.
(7) 
Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reason therefor.
(8) 
Whether the proposed location of the business is within 100 feet of any church, school or hospital or other prohibited institutions.
(9) 
Whether any law-enforcing public official is directly or indirectly interested in the business for which the license is sought.
(10) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the City, in the conduct of his place of business.
B. 
Beer and wine garden license applications shall require that the not-for-profit organization organized under the laws of the State of Illinois submit two copies of an up-to-date list of the names and residences of its present members, Articles of Incorporation, a list of the members of the Board of Directors, Executive Committee or similar body chosen by the members as a governing body for the corporation, and a statement of the general purpose for conducting the beer and wine garden and the use to be made of the profits from the distribution or sale of said beer and wine, which statement is to be signed by the President of said corporation.
C. 
All new applications for liquor licenses shall be accompanied by a processing fee when a background check is required, in an amount set from time to time by the City Council. License renewal shall not be subject to a processing fee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The application for a liquor license in the City of Mendota shall be in the following form:
[Added by Ord. No. 4-19-99[2]]
APPLICATION FOR CITY LIQUOR RETAILER'S LICENSE
The undersigned hereby make(s) application for issuance of a City retailer's license for the sale of alcoholic liquor for the term beginning __________, _____, and ending __________, _____, and hereby certify(ies) to the following facts:
1)
Applicant's full name:
(If a partnership or corporation give names of all owners of more than 5%.)
Name under which business is to be conducted:
2)
Location of place of business for which license is sought:
(A)
(Exact address by street and number) (Zip code)
(B)
(Full description of location, place or premises, specifying floor, room, etc.)
3)
State principal kind of business:
4)
Class of license applied for:
5)
Does applicant seek a license to sell alcoholic liquor upon the premises as a restaurant?
(A)
Maintained and held out to the public as a place where meals are actually and regularly served?
(B)
Provided with adequate and sanitary kitchen and dining room equipment and capacity, with sufficient employees to prepare, cook and serve suitable food?
6)
Does applicant own premises for which this license is sought?
7)
Has applicant a lease on such premises covering the full period for which the license is sought? ______________ If so, attach copy.
8)
Is applicant licensed as a food dispenser?
9)
Is the location of applicant's business for which license is sought within 100 feet property line to property line from institutions of higher learning, of any school, hospital, home for aged or indigent persons, or for veterans, their wives or children, or any military or naval station, or 100 feet building to building from a church?
10)
Is any law-enforcing public official, Mayor, Alderman, member of the City Council or commission, or any President or member of a county board directly interested in the business for which this license is sought?
11)
Has any manufacturer, importing distributor or distributor directly or indirectly paid or agreed to pay for this license, advanced money or anything of value, or any credit (other than merchandising credit in the ordinary course of business for a period not to exceed 30 days), or is such person directly or indirectly interested in the ownership, conduct or operation of the place of business?
12)
Is the applicant or any affiliate, associate, subsidiary, officer, director or other agent engaged in the manufacture of alcoholic liquors?
If so, at what location or locations?
13)
Is the applicant engaged in the business of an importing distributor or distributor of alcoholic liquors?
If so, at what location or locations?
14)
Will the business be conducted by a manager or agent? __________
If so, give name and residence address of such manager or agent:
Name
Address
15)
Do you hold any other current business licenses issued by the City?
If so, what type of license do you currently hold and what is the address of the licensed premises?
(Type)
(Address)
Individual Applicant:
16)
a.
Name
Date of birth
(Month) (Day) (Year)
b.
Residence address
(give street and number)
c.
Place of birth
d.
Are you a citizen of the United States: _________
If a naturalized citizen, when naturalized?
(Month, Day, Year)
Where naturalized?
(City and State)
Court in which (or law under which) naturalized
e.
Have you ever been convicted of any felony under any federal or state law?
If so, give date and state offense:
f.
Have you ever been convicted of being the keeper of a place of prostitution or a place of juvenile prostitution; or of pandering or other crime or misdemeanor opposed to decency and morality?
If so, give date and state offense:
g.
Have you ever been convicted of a violation of a federal or state liquor law since February 1, 1934?
If so, give date and state offense:
h.
Have you ever permitted an appearance bond forfeiture for any of the violations mentioned in (g)?____________________
i.
Have you made application for other similar license for premises other than described in this application?
If so, give date, location of premises and disposition of application:
j.
Has any license previously issued to you by state, federal or local authorities been revoked, suspended or fined?
If so, state reasons therefor and date(s)
AFFIDAVIT
STATE OF ILLINOIS
)
)ss
COUNTY OF LaSALLE
)
I, (or we) swear (or affirm) that I (or we) will not violate any of the ordinances of the City of Mendota, or the law of the State of Illinois of the laws of the United States of America in the conduct of the place of business described herein and that the statements contained in this application are true and correct to the best of my (our) knowledge and belief.
(Signature of applicant)
SUBSCRIBED AND SWORN to before
me this _____ day of __________, _____.
__________________________________ Notary Public
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 110-4 Restrictions on licenses.

No such licenses shall be issued to:
A. 
A person who is not a resident of the City.
B. 
A person who is not of good character and reputation in this community.
C. 
A person who is not a citizen of the United States.
D. 
A person who has been convicted of a felony under the laws of the State of Illinois, unless the Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the Commission's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
A person who has been convicted of keeping a place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
G. 
A person whose license issued under this chapter has been revoked for cause.
H. 
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.
I. 
A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence within the City, unless residency is required by the City.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
A corporation or limited-liability company, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
K. 
A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee.
L. 
A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor subsequent to April 16, 1934, or shall have forfeited his bond to appear in court to answer charges for any such violation.
M. 
A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued, or who is not the beneficial owner of the business operated by the licensee.
N. 
Any law-enforcing public official, any Mayor, Alderman, or member of the City Council; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted to any Alderman in relation to premises that are located within the territory subject to the jurisdiction of that official if (i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, (ii) the issuance of the license is approved by the State Commission, (iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and (iv) the official granted a license does not vote on alcoholic liquor issues pending before the City Council. Notwithstanding any provision of this Subsection N to the contrary, an Alderman or member of the City Council may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law-enforcing public official or the Mayor. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the Mayor may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the Council has made a local liquor control commissioner appointment that complies with the requirements of Section 4-2 of the State Liquor Control Act.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
O. 
Any person, association or corporation not eligible for a state retail liquor dealer's license.
P. 
A person who has been convicted of a gambling offense as proscribed by any of 720 ILCS 5/28-1, Subsections (a)(3) through (a)(11), or as proscribed by 720 ILCS 5/28-1.1 or 28-3 of the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.[6]
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Q. 
A person or entity to whom or which a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act (230 ILCS 15/1 et seq.) or the Illinois Pull Tabs and Jar Games Act (230 ILCS 20/1 et seq.).[7]
[7]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
R. 
A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in 235 ILCS 5/6-21, Subsection (a).[8]
[8]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
S. 
A person who is licensed by any licensing authority as a manufacturer of beer, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this state as a distributor or importing distributor. For purposes of this Subsection S, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.[9]
[9]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
T. 
A person who is licensed in this state as a distributor or importing distributor, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this state as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this Subsection T, a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a nonresident dealer who is also a manufacturer of beer, including a partnership, corporation, limited-liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
[Added by Ord. No. 04-06-15A]

§ 110-5 License term; reduction or refund of fee.

Each liquor license issued under this chapter shall expire and terminate on April 30 next following its issuance. The license fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. In the absence of provisions to the contrary, no unused license fees shall be recognized, nor shall license fee refunds be made.

§ 110-6 Classification of licenses.

Liquor licenses are divided into six classes:
A. 
Class A licenses shall authorize the retail sale of all alcoholic liquors on the premises of any tavern for consumption on the premises, as well as "package" retail sales of such liquor. Food may be sold at these establishments, but may not make up more than 25% of the gross revenue of said establishment.
[Amended by Ord. No. 02-21-06]
B. 
Class B licenses, which are issued to clubs and which authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor to members of the club and their guests. Class B licenses shall be issued only to organized clubs and are divided into two classes, namely:
[Amended by Ord. No. 04-06-15A]
(1) 
Class B-1: The local Liquor Commissioner, together with the Committee on Finance, Ordinance, Building and Zoning of the Council, may, upon request of the licensee, issue a permit for the retail sale of alcoholic liquor to the public, which permit shall authorize the sale for not more than one day or one night; provided that no more than 12 permits in one year shall be granted to said licensee. No sales shall be permitted to be made by the club to the public unless a permit has been issued to the club as hereinabove set forth.
(2) 
Class B-2: The licensee under this classification, upon payment of a fee to the City Clerk in an amount set from time to time by the City Council, may apply to the local Liquor Commissioner and to the Committee on Finance, Ordinance, Building and Zoning of the Council for a permit for the retail sale of alcoholic liquor to the public, which permit shall permit the sale for not more than one day or one night; provided that no more than 12 permits in one year shall be granted to the licensee. No sale shall be permitted to be made by the club to the public unless a permit has been issued to the club as hereinabove set forth.
C. 
Class C licenses shall authorize the sale of beer and wine only at retail on the premises specified, for consumption on said premises.
D. 
Class D licenses shall authorize the retail sale of beer and wine only in packages to be removed from the premises and which in no case authorizes the consumption of said beer or wine on the premises.
E. 
Class E licenses shall authorize the retail sale of alcoholic liquor, beer and wine in packages to be removed from the premises and which in no case authorizes the consumption of said alcoholic liquor or beer or wine on the premises. Class "E" licenses shall be issued only to those establishments whose primary business is that of the retail sale of said alcoholic liquor, beer and wine in packages as described above.
F. 
Class "beer and wine garden" licenses shall authorize the licensee to sell or distribute beer and wine at a beer and wine garden, on a daily-use basis on premises only, when the purpose of such is solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
G. 
Class F licenses shall authorize the retail sale of alcoholic liquor, beer and wine in packages to be removed from the premises but does not authorize the consumption of alcoholic liquor, beer or wine on the premises. Class "F" licenses shall only be issued to those establishments whose primary business is retail sale of groceries and/or pharmaceuticals, health and beauty products.
[Added by Ord. No. 11-01-04; amended by Ord. No. 06-15-09C]
H. 
Class G licenses shall authorize the retail sale of all alcoholic liquors on the premises in any restaurant, as well as "package" retail sales of such liquor. The sale of prepared food must be the primary source of revenue for the establishment.
[Added by Ord. No. 02-21-06]
I. 
Class H licenses shall be issued to those establishments that function as a rental hall/catering business where alcohol is sold. The retail sale of alcoholic liquor at functions on premises must be in conjunction with an event lasting less than one day and the sale of alcohol is not a daily occurrence. The retail sale of alcoholic liquor at functions off premises will be allowed when food is catered by the licensee and the sale of alcoholic liquor is only incidental to the food service provided for that function.
[Added by Ord. No. 02-21-06]
J. 
Class H-1 licenses shall be issued to those establishments that cater food for a function within the City limits of the City of Mendota but do not hold a Class H, A or G license issued by the City of Mendota. The license expires with the conclusion of the function for which the license was issued.
[Added by Ord. No. 02-21-06]
K. 
Class I licenses shall be known as the “Craft Distiller License.” It shall authorize a distiller the manufacture of spirits by distillation in quantities not to exceed 500 gallons per calendar month and the storage of such spirits. A craft distiller license shall allow the licensee to sell to distributors, retailers and to nonlicensees in accordance with the Liquor Control Act (or similar act) of the State of Illinois and offers spirits for sale at retail in the premises specified in such license for the use or consumption off the premises except for tasting of spirits for which no remuneration shall be received; a single tasting of distilled spirits not to exceed 1/4 of one ounce. No more than three tastings of distilled spirits shall be provided to any person on any day. It shall be unlawful for such licensee to offer tasting or sell alcoholic liquor for consumption on the premises between the hours of 1:00 a.m. and 6:00 a.m. on Monday; 2:00 a.m. and 6:00 a.m. on Tuesday, Wednesday, Thursday, and Friday; 3:00 a.m. and 6:00 a.m. on Saturday; or 3:00 a.m. and 9:00 a.m. on Sunday. The annual license fee shall be set by the City Council from time to time.
[Added by Ord. No. 05-02-16]

§ 110-7 License fees.

[Added by Ord. No. 11-01-04; amended by Ord. No. 02-21-06; Ord. No. 04-06-15A]
The annual liquor license fees for the categories of licenses described in § 110-6 shall be as set forth in Chapter 193, Licenses, § 193-5, of the City Code.

§ 110-8 Disposition of license fees.

All liquor license fees shall be paid to the Mayor at the time application is made, and shall forthwith be turned over to the City Clerk. In the event a license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Council by proper action.

§ 110-9 Number of licenses.

A. 
The number of licenses in each respective category shall at no time exceed the following:
[Amended by Ord. No. 11-01-04; Ord. No. 02-21-06; Ord. No. 06-15-09C; Ord. No. 12-19-11A; Ord. No. 04-15-13; Ord. No. 05-02-16]
Class A
6
Class B
5
Class C
4
Class D
10
Class E
2
Class F
3
Class G
11
Class H
4
Class H-1
Unlimited
Class I
2
Beer and Wine Garden
No limit
B. 
All Class A licenses shall have the right to a renewal or reissuance of such license for the same or a different place upon compliance with the provisions of this chapter governing the issuance of Class A licenses. Such Class A license may assign or convey the right to a renewal or reissuance thereof to another person in accordance with the procedure hereinafter set forth. Such assignee, upon full compliance with the provisions of this chapter governing the issuance of such licenses, shall be entitled to a renewal or reissuance of such license in his own name. Each such holder of a Class A license, in turn, may assign or convey such right to a renewal or reissuance of such license upon the same terms and conditions as the original owner thereof could do hereunder; provided, however, that the privilege of renewal and/or reissue provided in this section shall apply only so long as the license in each case shall have been kept in force continually and uninterruptedly in the name of the licensee or his successor in interest. Nothing herein provided shall be deemed to restrict the right of the local Liquor Commissioner to revoke any such license or to restrict the right of the City to decrease the number of Class A licenses.
C. 
All such assignments shall be in writing, signed by the licensees, and shall be filed with the Mayor, who shall keep a true and complete record of all such assignments. Upon the filing of any such assignment there shall be endorsed thereon the time of filing, and upon full compliance by the assignee with all the laws and ordinances pertaining to the qualifications of an applicant for such license and the surrender of the old license for cancellation, there shall (unless the old license shall have been revoked and not thereafter restored) be issued to the assignee named in such assignment a license for the same place or a different place from that specified in the old license, in lieu of the one so surrendered, for the unexpired portion of the period of the license so surrendered. Such new license shall be issued only upon the payment of a fee as set from time to time by the City Council; and if the entire license period has expired there shall be issued upon the expiration of the license period a new license to the assignee upon the payment of the regular license fee for a Class A license.
[Amended by Ord. No. 04-06-15A]

§ 110-10 Bond.

A. 
An application for a liquor license shall be accompanied by a bond to the City of Mendota in the sum of $500. Such bond shall be a joint and several bond executed by the applicant with two sureties or a surety company licensed to do business in the State of Illinois as surety thereon, conditioned upon the true and faithful compliance with this chapter and the laws of the State of Illinois relating to alcoholic liquors and conditioned further for the payment of fines, penalties and judgments levied and liabilities arising out of the unlawful sale of alcoholic liquors or any other violation of this chapter.
B. 
In lieu of the prior bond, a liquor licensee shall pay a one-time fee of $50 to the City of Mendota. Said fee shall be placed in a separate liquor fee account to be held for the purpose of paying fines, penalties and judgments levied arising out of this chapter.

§ 110-11 Location restrictions.

No licenses for the sale at retail of any alcoholic liquor shall be granted to any person whose place of business is located or designated to be in any basement or in any story of any building other than the first floor of any building. No license shall be granted where the location is residence property.

§ 110-12 License record.

The Mayor shall keep or cause to be kept a complete record of all such licenses issued by him; and shall furnish the City Clerk, Treasurer and Chief of Police each with a copy thereof. Upon the issuance of any new license or the revocation of any old license, the Mayor shall give written notice of such action to each of these officers within 48 hours of such action.

§ 110-13 Transfer of license; renewal.

A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of an alcoholic liquor or beer license, 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 such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six months after the death, insolvency or bankruptcy of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this chapter. In the absence of provisions to the contrary, no unused license fees shall be recognized, nor shall license fee refunds be made. Any licensee may renew his license at the expiration thereof; provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided, further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor from decreasing the number of licenses to be issued within his jurisdiction.

§ 110-14 Change of location.

A retail liquor dealer's license shall permit the sale of alcoholic liquor only on the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Mayor. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor or beer under the law of this state and the ordinances of the City.

§ 110-15 Peddling liquor.

It shall be unlawful to peddle alcoholic liquors in the City.

§ 110-16 Sanitary conditions.

All premises used for retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the provisions of this Code regulating the condition of premises used for the storage or sale of food for human consumption.

§ 110-17 Closing hours.

A. 
No person to whom a Class A, B-1, C, D, E, F, G, H, H-1 or beer and wine garden license to sell alcoholic liquor or beer has been issued shall be open for business before 6:00 a.m. nor later than 2:00 a.m. in the morning of the following day on Monday, Tuesday, Wednesday and Thursday; nor before 6:00 a.m. nor later than 3:00 a.m. on Friday and Saturday in the morning of the following day; nor before 9:00 a.m. nor later than 1:00 a.m. the following morning on Sunday; provided that no liquor may be sold or distributed on the premises until 11:00 a.m. The establishment may open and sell other nonalcoholic merchandise and food supplies commencing at 9:00 a.m. on Sunday morning.[1]
(1) 
Alcoholic beverages may be served on Sunday morning prior to 11:00 a.m. in conjunction with a business that is operating a restaurant/brunch. Said alcohol may be served only in the non-bar area of the restaurant and shall be served no earlier than 8:00 a.m. Sunday morning and only when the proper liquor license has been secured by the licensee.
(2) 
A person holding a Class B-2 license to sell alcoholic liquor or beer may be open for business from 6:00 p.m. to 1:00 a.m. in the morning of the following day, Monday through and including Saturday, and from 2:00 p.m. to 12:00 midnight on Sunday.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Standard time or daylight savings time, whichever is in effect, shall control the hours above mentioned.
C. 
The only persons allowed on the premises from closing hours to opening hours shall be the owners and actual employed personnel.
D. 
The places of business shall close at 6:00 p.m. on December 24 each year and not open again until 11:00 a.m. the following day.
E. 
During the prohibited hours of sale, every Class B-1 and Class B-2 operator shall keep the bar located on the club premises closed and the doors thereto securely locked during the prohibited hours of sale, and no club licensed hereunder shall sell, permit to be sold or give away any liquor except between the hours permitted under the above § 110-17.
F. 
It shall be unlawful for any licensee, his agent or employee to permit any alcoholic liquors to be consumed upon the premises so licensed except during the hours which under the law such licensee may legally sell alcoholic liquors on such premises.
G. 
Any establishment having a Class D or E liquor license shall be permitted to open at any time for the sale of nonalcoholic items.
H. 
Any establishment having a Class D or E liquor license shall be permitted to sell alcoholic beverages commencing at 9:00 a.m. on Sunday mornings.

§ 110-18 Solicitation of drinks prohibited.

It shall be unlawful for any licensee, his agent or employee to permit any male or female person to solicit any patron to purchase for him or her any drink or drinks while in the licensed premises or for such persons to permit any male or female person in his employ to solicit any patron to purchase for him or her any drink or drinks while in the licensed premises.

§ 110-19 Entertainment.

It shall be unlawful for any licensee, his agent or employee to permit upon the licensed premises entertainment, such as a floor show, dance act, singing act or any other kind of entertainment that may be put on by any person, and this prohibition shall apply whether such entertainment is paid entertainment or free.

§ 110-20 Sale to persons under 21 years of age; presence of minors on licensed premises.

A. 
It shall be unlawful for any person under the age of 21 years to purchase or obtain any alcoholic liquor in any tavern or other place in the City of Mendota, Illinois where alcoholic liquor is sold. It shall be unlawful for any person under the age of 21 to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any tavern or other place in the City of Mendota, Illinois where alcoholic liquor is sold. It shall be unlawful for any person under the age of 21 years to be present, remain or loiter in any tavern or other place in the City of Mendota, Illinois where alcoholic liquor is sold unless accompanied by his or her legally aged parent, guardian, or spouse; except that said persons under the age of 21 shall not be prohibited from entering upon premises where the principal business is the sale of food or other commodities other than alcoholic liquor. In every tavern or other place in the City of Mendota, Illinois 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 City Clerk and which shall read substantially as follows:
"WARNING TO PERSONS UNDER THE AGE OF 21 YEARS
You are subject to a minimum fine of $50 and a maximum fine of $750 under the ordinances of the City of Mendota, Illinois if you purchase alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor, or if you are present in or loiter in any tavern or place where alcoholic liquor is sold unless accompanied by a legally aged parent, guardian, or spouse."
B. 
It shall be unlawful for any holder of a retail liquor dealer's license, or his agent or employee, to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided that this subsection shall not apply to any minor who is accompanied by his or her legally aged parent, guardian, or spouse, or to any licensed premises which derives its principal business from the sale of food or commodities other than alcoholic liquor.
C. 
In addition to all other fines and penalties, the Mayor may revoke the retail liquor dealer's license for any violation of the above subsection. It shall be unlawful for any legally aged parent, guardian, or spouse to permit any minor child of which he or she may be parent, guardian, or spouse to violate any provision of this section.
D. 
It shall be unlawful to sell, give or deliver alcoholic liquor to persons under the age of 21 years, except in the performance of a religious ceremony or service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this section if he or she knowingly authorizes or permits consumption of alcoholic liquor by underage invitees. Nothing in this Subsection E shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 110-21 Consumption or possession on public ways or places.

A. 
No person shall consume any alcoholic beverage, or have any alcoholic beverage in his possession except in the original package and with the seal unbroken, on any public sidewalk, street or public parking lot in the City of Mendota.
B. 
It shall be unlawful to consume or possess any beer or alcoholic liquor within the Mendota Swimming Pool, Little League Diamond and surrounding area.

§ 110-22 Restrictions on persons under 21 years of age.

A. 
Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.
B. 
If a licensee, or his agents or employees, believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the prospective recipient being underage, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.
C. 
No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden.
D. 
The possession and dispensing or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony or the consumption by a minor under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such minor in the privacy of a home, is not prohibited by this chapter.
E. 
Employment.[1]
(1) 
Persons 18, 19 and 20 years of age may work in and service liquor in establishments located within the City of Mendota, provided that any package beer, wine or liquor sales shall require an individual not less than 21 years of age to check out and receive money for said purchase of alcohol.
(2) 
In addition, any person or business convicted of violating this chapter may be subject to liquor license suspension or revocation as provided by the Liquor Control Act of the State of Illinois and by local ordinance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
The provisions of this chapter prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who:[2]
(1) 
Tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in Subsection F(2);
(2) 
Is enrolled as a student in a college, university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association, or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012 (105 ILCS 426/1 et seq.);
(3) 
Is participating in a culinary arts, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and
(4) 
Tastes, but does not imbibe, alcoholic liquor for instructional purposes up to, but not exceeding, six times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 110-23 Liquor Commission.

The Mayor may appoint Aldermen to assist him in the exercise of the powers and duties herein provided at such compensation as may be approved by the Council. Such group will be defined as the "Liquor Commission."

§ 110-24 Revocation of license.

A. 
The Mayor may revoke any license issued under this chapter for any one or more of the following reasons:
(1) 
Violation of the laws of the State of Illinois or any provisions of this chapter.
(2) 
The willful making of any false statement as to a material fact in the application for a license.
(3) 
Permitting any disorderly or immoral practices upon the premises covered by any license.
B. 
Upon the revocation of any license, notice of such revocation shall immediately be given to the Department of Finance of the State of Illinois by the City Clerk.

§ 110-25 Violations and penalties. [1]

Unless otherwise provided herein, any person or corporation who or which violates any of the provisions of this chapter shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).