[Adopted as Ch. 5.04 of the 1979 Code]
[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:
B.
All terms as used in this chapter shall have the meanings given them
in the definition section of said Act.
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.
[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was repealed 2-6-2017 by Ord.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.
[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; 10-16-2017 by Ord. No. 1001; 8-19-2019 by Ord. No. 1021; 1-6-2020 by Ord. No. 1030; 3-15-2021 by Ord. No. 1039; 4-25-2022 by Ord. No. 1050; 10-3-2022 by Ord. No. 1054]
There shall be issued in the City of El Paso no more than the
following number of licenses to sell alcoholic liquor at retail:
|
Class of License
|
Maximum Number of Licenses Issued
|
|---|---|
|
Class A
|
1
|
|
Class B
|
2
|
|
Class C
|
7
|
|
Class D
|
0
|
|
Class E
|
3
|
|
Class F
|
7
|
|
Class G
|
3
|
|
Class H
|
3
|
|
Class J
|
No more than 1
|
All licenses shall terminate on the 30th day of April next following
issuance.
[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.
(7)
A Class
J license shall permit the licensee to sell alcoholic liquor to be
consumed on the premises of the business only at events sponsored
by the business including weddings, receptions, reunions, conferences,
and similar events. The events shall be private events attended by
only those receiving an invitation, not including general public invitations.
The premises of the license holder shall include any fully enclosed
building of the license holder and any frilly enclosed courtyard not
available to the general public. Liquor consumption shall be permitted
only during the event and the consumption shall be subject to and
governed by all other rules and requirements set forth in the El Paso
Municipal Code regarding alcohol sales and consumption. No gambling
of any type or nature shall be permitted or allowed on the business
premises of the license holder.
[Added 3-15-2021 by Ord. No. 1039]
(a)
In the event the license holder wishes to allow alcoholic consumption
at an event not clearly included in the list of permitted events,
the authorization and decision of the liquor commissioner of the City
of El Paso shall control as to whether the event is a permitted event
for alcoholic consumption.
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.
(3)
The holder of a Class A license or a Class B license, or a Class
C license may also acquire a Class I license in addition to the Class
A, B, or C license. A Class I license shall authorize the holder of
the Class A, B, or C license to own and operate one or more video
gaming terminals within the licensed establishment, provided the gaming
terminals are operated within the conditions set forth in the Municipal
Code. No video gaming terminals may be owned or operated within the
City of El Paso unless located within a licensed establishment holding
either a Class A license, Class B license, or Class C license, and
in addition thereto a Class I license.
[Added 11-18-2019 by Ord.
No. 1027]
(4)
Notwithstanding the foregoing Subsection B(3), in the event the holder of a Class E liquor license meets the qualifications of a licensed truck stop establishment or a licensed large truck stop establishment as defined in the Illinois Video Gaming Act (230 ILCS 40/1, et seq.) (Gaming Act), such licensed establishment may also acquire a Class I license in addition to the Class E license.
[Added 1-6-2020 by Ord.
No. 1030]
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.
[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.
[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.
|
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.
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.
[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.
It is unlawful to peddle alcoholic liquor or beer in the City
at any time.
[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.
[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.
[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.
[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.
