City of El Paso, IL
Woodford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Paso as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 218.
Peddling and soliciting — See Ch. 227.
Sexually oriented businesses — See Ch. 241.
Zoning — See Ch. 315.
[Adopted as Ch. 5.04 of the 1979 Code]

§ 110-1 Adoption of statutory provisions.

[Amended 1978 by Ord. No. 507]
A. 
The following provisions of the Liquor Control Act (235 ILCS 5/1-1 et seq., as amended), three copies of which have been for more than 30 days prior to the adoption of the ordinance incorporating them by reference and remain on file in the office of the City Clerk, are adopted by reference as though fully set out in this chapter:
(1) 
Definitions: Article I, 235 ILCS 5/1-3;
(2) 
Definitions: Article I, 235 ILCS 5/1-3.1 through 5/1-3.27;
(3) 
Local Liquor Control Commission: Article IV, 235 ILCS 5/4-6;
(4) 
Eligibility requirements: Article VI, 235 ILCS 5/6-2; and
(5) 
License application requirements: Article VII, 235 ILCS 5/7-1.
B. 
All terms as used in this chapter shall have the meanings given them in the definition section of said Act.

§ 110-2 License required.

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

§ 110-3 Application for license; restrictions on issuance.

[Amended 1978 by Ord. No. 507]
A. 
Applications for such license shall be made to the Local Liquor Control Commission of the City in writing, signed by the applicant, verified by him under oath, shall contain such information and material as is necessary to meet the license application requirements of 235 ILCS 5/7-1, as amended, except Item 10 thereof, shall include all of the following information and shall be reviewed in the manner specified as follows:
(1) 
The name, age and address of the applicant.
(2) 
The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
(3) 
The location and description of the premises or place of business which is to be operated under such license, and that the licensee owns the premises or has a lease thereon for the full term for which the license is requested. In the event the applicant has a lease for the premises, a copy of the lease shall be attached to the application.
[Amended 2-6-2017 by Ord. No. 994]
(4) 
A statement as to whether or not the applicant has ever been convicted of any state or federal felony.
(5) 
A statement of the business and employment history of the applicant for the past 10 years.
B. 
Restriction of license. No license shall be issued to any applicant who would be denied a license pursuant to 235 ILCS 5/6-2, as amended. The same restrictions shall apply to the issuance of licenses by the City as apply to the issuance of state licenses under the above-referenced statute.[1]
[Amended 2-6-2017 by Ord. No. 994]
[1]
Editor's Note: Original § 5.04.040 of the 1979 Code, Restrictions on licenses, which immediately followed this section, was repealed 2-6-2017 by Ord. No. 994.

§ 110-4 Number of licenses.

[Amended 1977 by Ord. No. 482; 1978 by Ord. No. 508; 1985 by Ord. No. 588; 2001 by Ord. No. 772; 10-1-2012 by Ord. No. 933]
There shall be issued in the City no more than the following number of licenses to sell alcoholic liquor at retail:
Class of License
Maximum Number of Licenses Issued
Class C
6
Class E
7

§ 110-5 License term.

All licenses shall terminate on the 30th day of April next following issuance.

§ 110-6 Classification of licenses; fees.

[Amended 1973 by Ord. No. 459; 1977 by Ord. No. 485; 1978 by Ord. No. 510; 1989 by Ord. No. 629; 1996 by Ord. No. 703; 2005 by Ord. No. 827; 2-6-2017 by Ord. No. 994]
All licenses shall be classified as follows, and the fees for such licenses shall be as set forth in the fee schedule:
A. 
Required licenses. All license holder shall hold one of the following licenses:
(1) 
A Class A license shall permit the licensee to sell bottled and canned beer for consumption either on or off the premises where the sale is made.
(2) 
A Class B license shall permit the licensee to sell either draft or bottled or canned beer or wine to be consumed either on or off the premises.
(3) 
A Class C license shall permit the licensee to sell alcoholic liquor to be consumed either on or off the premises.
(4) 
A Class D license shall be limited to clubs, as defined in 235 ILCS 5/1-3.24, and shall permit the licensee to sell alcoholic liquor to be consumed on the premises.
(5) 
A Class E license shall permit the licensee to sell alcoholic liquor in the original package as defined in 235 ILCS 5/1-3.06, such liquor not to be consumed on the premises.
(6) 
A Class G license shall permit the licensee to sell alcoholic liquor on Sunday during the hours described in § 110-8. Class G licenses shall be issued only to those license holders presently holding Class E licenses and no applications shall be considered for a Class G license unless the applicant is presently holding a Class E license.
B. 
Optional licenses.
(1) 
The holder of a Class C license which derives in excess of 50% of its gross income from sources other than the sale of alcoholic liquor may hold a Class F license in addition to the Class C license. A Class F license shall authorize the holder of a Class C license to sell alcoholic liquor at retail to be consumed either on or of the premises on Sunday during the hours described in § 110-8.
(2) 
The holder of a Class A license or a Class B license may hold a Class H license in addition to the Class A or Class B license. A Class H license shall authorize the holder of a Class A license or a Class B license to sell alcoholic liquor at retail to be consumed on the premises on Sunday during the hours described in § 110-8, and any such license holder who bottles his or her own wine to sell such wine at retail to be consumed on the premises or off the premises on Sunday during the hours described in § 110-8.
C. 
Qualifications for optional license. Application for a Class F license may be submitted at any time. With such application, the holder of a Class C license shall submit a sworn statement that in excess of 50% of the establishment's gross income is derived from sources other than the sale of alcohol. Operators of establishments opened on or after May 1, 1973, shall submit with their first application for a Class F license a sworn statement that it is expected that in excess of 50% of the establishment's gross income will be derived from sources other than the sale of alcoholic liquor. As a condition precedent to holding a Class F license, the licensee shall agree to make its record book available to the Liquor Commissioner upon request for the purpose of verifying the sources of income of the licensed premises. If, upon the investigation, it shall appear that 50% or less of the gross income of any holder of a Class F license is derived from sources other than the sale of alcoholic liquor, the Class F license shall be revoked. A new Class F license shall not be reissued to such establishment unless and until the Liquor Commissioner is furnished satisfactory proof of eligibility for a Class F license.

§ 110-7 Jurisdiction.

[Amended 1977 by Ord. No. 482]
All licenses are limited to those areas of the City where retail liquor sales are permitted by Chapter 315, Zoning, of the City Code.

§ 110-8 Closing hours.

[Amended 1973 by Ord. No. 459; 1978 by Ord. No. 509; 1979 by Ord. No. 534; 1985 by Ord. No. 594; 1989 by Ord. No. 629; 1996 by Ord. No. 703]
A. 
It is unlawful for any liquor license holder to sell or offer for sale at retail, or allow consumption on the premises of any alcoholic liquor during the following hours:
Monday through Friday
12:00 midnight to 6:00 a.m.
Saturday
1:30 a.m. to 6:00 a.m.
Sunday
1:30 a.m. to 11:00 a.m. (Sunday)
Sunday
10:30 p.m. to 12:00 midnight
B. 
It is unlawful for any liquor license holder, other than a holder of a Class F license or a holder of a Class G license or a holder of a Class H license, to sell or offer for sale at retail during the following hours:
Sunday
11:00 a.m. to 10:30 p.m.
C. 
Notwithstanding anything in Subsections A and B above, it is lawful for all liquor license holders to operate between 12:00 noon and 1:30 a.m. on New Year's Eve.
D. 
All Class C and Class D licensed premises shall be closed and free of all patrons at all times during which the sale of alcoholic liquor and beer shall be prohibited. Notwithstanding the above provision, Class C and Class D licensed premises may be open and operate between the hours of 5:00 a.m. and 1:00 p.m. on Sunday, provided that the sale of alcoholic liquor and beer shall be prohibited on Sunday during such hours of operation.
E. 
Hours stated in this section shall mean Central Standard Time or Central Daylight Savings Time, whichever is being observed in the City.

§ 110-9 License term; payment of fees.

All licenses will be granted for one year. One-half of the fee must accompany the application for a license and the other half must be paid to the City Clerk 10 days prior to the beginning of the second half of the license year.

§ 110-10 Bond.

[Amended 2-6-2017 by Ord. No. 994]
A. 
Applicants for a Class C license must furnish a bond in a sum established by the City Council, signed by the applicant and a reliable surety company, or personal bond, which bond must be kept on file with the City Clerk.
B. 
Applicants for Class A, Class B, Class D and Class E licenses must furnish a bond in an amount established by the City Council, signed by the applicant and a reliable surety company, or personal bond, which bond must be kept on file with the City Clerk.

§ 110-11 Peddling prohibited.

It is unlawful to peddle alcoholic liquor or beer in the City at any time.

§ 110-12 Underage bartenders prohibited.

[Amended 1973 by Ord. No. 458; 1989 by Ord. No. 628]
No licensee shall permit any person under the age of 21 years at any time to attend any bar in any licensed retail premises.[1]
[1]
Editor's Note: Original § 5.04.140 of the 1979 Code, Notice not to sell, which immediately followed this section, was repealed 2-6-2017 by Ord. No. 994.

§ 110-13 Sale to certain persons prohibited.

[Amended 1978 by Ord. No. 507]
It is unlawful for any licensee, officer, agent or employee to sell, give or deliver alcoholic liquor to any intoxicated person or to any person known to him to be a person in need of mental treatment, which means any person afflicted with a mental disorder who is reasonably expected at the time the determination is made or within a reasonable time thereafter to intentionally or unintentionally physically injure himself or other persons or who is unable to care for himself so as to guard himself from physical injury or to provide for his own physical needs.

§ 110-14 Licenses for adult use businesses prohibited.

[Added 2001 by Ord. No. 772]
No liquor license of any class shall be issued to any adult business involving adult uses as defined and enumerated in Chapter 241, Sexually Oriented Businesses, of the El Paso Municipal Code.

§ 110-15 Penalty.

[Amended 1978 by Ord. No. 507; 2-6-2017 by Ord. No. 994]
Any person, firm or corporation violating any provision of this article shall be subject to the following penalties and may have his or its liquor license revoked by the Local Liquor Control Commission:
A. 
Not to exceed $1,000 for a first violation within a twelve-month period.
B. 
Not to exceed $1,500 for a second violation within a twelve-month period.
C. 
Not to exceed $2,500 for a third or subsequent violation within a twelve-month period.
D. 
Not more than $15,000 in fines may be imposed against any licensee during the period of the license.
[Adopted 1993 by Ord. No. 670 (Ch. 5.40 of the 1979 Code)]

§ 110-16 Alcohol prohibited in City parks.

The use, possession and consumption of alcoholic beverages shall be prohibited at all times in the City parks of the City, except as provided in § 110-17.

§ 110-17 South Pointe Park community building.

Alcohol possession, use and consumption shall be permitted in the community building of South Pointe Park on the condition that such use, possession and consumption is governed by a written rental agreement for the use of the building signed by a responsible party at least 21 years of age. Such rental agreement shall provide that the possession, use and consumption of the alcoholic beverages shall be permitted within the community building only and shall not extend to any other areas of South Pointe Park, including specifically the pool area. The rental agreement shall also provide that the lessee understands that a police officer of the City shall periodically inspect the premises for compliance with the lease agreement and all chapters and laws during the rental period. The lease shall further provide that all City chapters and federal and state laws regarding alcohol possession, consumption and use shall be obeyed during the lease term. The City, acting by and through either the City Administrator, the Mayor, or the City Council, may refuse to lease the community building at South Pointe Park for alcoholic beverage consumption if such refusal is deemed to be in the best interest of the residents of the City.