A.
No person shall sell or offer for sale at retail any alcoholic liquor
in this Village between the hours of 3:00 a.m. and 6:00 a.m. each
and every day; except that on Sundays the closing hours shall be 3:00
a.m. to 9:00 a.m.
B.
No alcoholic liquor shall be sold and all licensed premises must
remain closed at all other times other than those specified above.
C.
The times referred to above shall refer to Daylight Savings Time
or, when the same is in effect in the Village and upon cessation of
Daylight Savings Time, shall be Central Standard Time.
D.
All patrons or customers shall leave the premises at the specified
closing time and shall not remain on the premises thereafter.
(See 235 ILCS 5/4-1.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No retail licensee or employee or agent of such licensee shall:
(1)
Sell more than one drink of alcoholic liquor for the price of one
drink of alcoholic liquor;
(2)
Sell, offer to sell or serve to any person an unlimited number of
drinks of alcoholic liquor during any set period of time for a fixed
price, except at private functions not open to the general public,
or as provided in 235 ILCS 5/6-28.5;
(3)
Increase the volume of alcoholic liquor contained in a drink, or
the size of a drink of alcoholic liquor, without increasing proportionately
the price regularly charged for the drink on that day;
(4)
Encourage or permit, on the licensed premises, any game or contest
which involves drinking alcoholic liquor or the awarding of drinks
of alcoholic liquor as prizes for such game or contest on the licensed
premises; or
A.
No license shall be issued for the sale of any alcoholic liquor at
retail within 100 feet of any church, school (other than an institution
of higher learning), hospital, home for the aged or indigent persons,
or for veterans, their spouses or children or any military or naval
station; provided that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs or to restaurants,
food shops, or other places where the sale of alcoholic liquors is
not the principal business carried on if such place of business so
exempted shall have been established for such purposes prior to the
taking effect of this chapter; nor to the renewal of a license for
the sale at retail of alcoholic liquor on the premises within 100
feet of any church or school where such church or school has been
established within such 100 feet since the issuance of the original
license. In the case of a church, the distance of 100 feet shall be
measured to the nearest part of any building used for worship services
or educational programs and not to property boundaries.
B.
Nothing in this section shall prohibit the issuance of a license
to a church or private school to sell at retail alcoholic liquor if
any such sales are limited to periods when groups are assembled on
the premises solely for the promotion of some common object other
than the sale or consumption of alcoholic liquors.
(See 235 ILCS 5/6-11.)
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 under the law of this state and the Code of this
municipality. (See 235 ILCS 5/7-14.)
No license shall be issued to any person for the sale at retail
of any alcoholic liquor at 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 such minors. (See 235 ILCS 5/6-12.)[1]
The licensee shall not knowingly permit any person to leave
his premises with open liquor or in a "cup-to-go."
The presence in a vehicle, other than a public vehicle, of any
alcoholic liquor shall be prima facie evidence that it is in the possession
of and is being carried by all persons occupying such vehicle at the
time at which such alcoholic liquor is found, except under the following
circumstances:
It shall be unlawful to establish a retail liquor business within the municipality in violation of the restrictions of Chapter 360, Zoning, of the Village Code.
All such licensees may sell alcoholic liquor at retail, by the
drink or in the original package for consumption either on or off
the premises licensed on the day of any national, state, county or
municipal election, including primary elections, during the hours
the polls are open within the political area in which such election
is being held and on Sundays; subject to all the remaining terms,
conditions and opening hours and closing hours as set forth in this
chapter.
It shall be unlawful for any person to do or commit any of the
following acts within the Village:
A.
Drink any alcoholic liquors on any public street, alley, sidewalk,
or other public way without special permission granted by the Mayor.
B.
Drink any alcoholic liquors in any public park, except with the permission
of the Mayor.
C.
Drink any alcoholic liquors on any private property without permission
of an owner thereof.
All premises used for the 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 codes regulating the condition of the premises used for the storage
or sale of food for human consumption. (See 410 ILCS 650/1 et seq.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to employ in any premises used for the
retail sale of alcoholic liquor any person who is afflicted with or
who is a carrier of any communicable or sexually transmitted disease;
and it shall be unlawful for any person who is afflicted with or a
carrier of any such disease to work in or about any premises or to
engage in any way in the handling, preparation or distribution of
such liquor. (See 410 ILCS 650/10.)
Every licensee shall have, at all times, a valid operating permit
from the County Health Department which regulates health standards.
It shall be unlawful to peddle alcoholic liquor in this municipality.
(See 235 ILCS 5/4-1.)
[Amended 5-31-2012 by Ord. No. 12-1426; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
It is unlawful to gamble by any method except as permitted under
exceptions set forth in the Illinois Compiled Statutes, specifically,
the Criminal Code of 2012, as amended, 720 ILCS 5/28-1(b).
B.
A license issued by the Village shall be required annually for the
operation of a video gaming terminal. The license fee shall be set
from time to time by the Board of Trustees by resolution. The term
of each license year shall run from the first day of May through the
30th day of April in the following year. Each license issued later
than May 1 shall terminate on the 30th day of April, but said license
fee shall not be diminished. The annual license fee shall be paid
in advance of the ensuing license year. No license(s) shall be issued
until payment for such license(s) is received.
Any person licensed under this chapter shall not suffer or permit
any disorder, drunkenness, quarreling, fighting, unlawful games, or
riotous or disorderly conduct in any house or premises kept or occupied
by him for the sale of liquor. (See 235 ILCS 5/4-1.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No licensee, nor any officer, associate, member, representative,
agent or employee of such licensee, shall sell, give or deliver alcoholic
liquor to any person under the age of 21 years, or to any intoxicated
person. No person, after purchasing or otherwise obtaining alcoholic
liquor, shall sell, give or deliver such alcoholic liquor to another
person under the age of 21 years, except in the performance of a religious
ceremony or service. (See 235 ILCS 5/6-16.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person under the age of 21 years
to attend any bar or to sell, draw, pour or mix any alcoholic liquor
in any Class A or B licensed retail premises. In a Class C licensed
business, a person may serve if he is 18 years of age or older. (See
235 ILCS 5/4-1.)
[Amended 9-13-2005 by Ord. No. 1356]
It shall be unlawful for any person under the age of 21 years
to enter upon premises where alcohol, liquor, spirits, beer or wine
are sold by the holder of a Class A liquor license. (See 235 ILCS
5/4-1.)
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. (See 235 ILCS 5/6-20.)
A.
If a licensee or his agents or employees believe or have reason to
believe that a sale or delivery of any alcoholic liquor is prohibited
because of the age of the prospective recipient, 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.
B.
Proof that the defendant/licensee or his employees or agent demanded,
were shown, and reasonably relied upon such written evidence in any
transaction forbidden by this section is competent evidence and may
be considered in any criminal prosecution therefor or in any proceedings
for the suspension or revocation of any license based thereon.
(See 235 ILCS 5/6-20.)
A.
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. .
B.
No person shall purchase, accept delivery, or have possession of
alcoholic liquor in violation of this chapter
C.
The consumption of alcoholic liquor by any person under the age of
21 years is forbidden.
(See 235 ILCS 5/6-20)
In every licensed business 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 Municipal Clerk, and which shall read
as follows:
|
UNDERAGE LIQUOR WARNING
|
|
"YOU ARE SUBJECT TO A FINE UP TO $750 UNDER THE ORDINANCES
OF THIS MUNICIPALITY IF YOU PURCHASE ALCOHOLIC LIQUOR OR MISREPRESENT
YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR."
|
The possession and dispensing or consumption by an underage
person of alcoholic liquor in the performance of a religious service
or ceremony, or the consumption by an underage person under the direct
supervision and approval of the parent or parents of such underage
person in the privacy of a home is not prohibited by this chapter.
(See 235 ILCS 5/6-20.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to refuse to grant admittance to the premises
for which a license has been issued at any time upon the verbal request
of the Chief of Police, any police officer, or the Mayor for the purpose
of making an inspection of such premises or any part thereof. (See
235 ILCS 5/4-4.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty of every retail licensee to make books
and records available upon reasonable notice for the purpose of investigation
and control by the Mayor having jurisdiction over the licensee. Such
books and records need not be maintained on the licensed premises,
but must be maintained in the State of Illinois; however, if access
is available electronically, the books and records may be maintained
out of state. (See 235 ILCS 5/6-10)
In addition to the restrictions on licensing, the holder of
a license is subject to the following restrictions:
A.
It is unlawful for any licensee to accept, receive or borrow money
or anything of value directly or indirectly from any manufacturer
or distributor of alcoholic liquor. (See 235 ILCS 5/6-5.)
B.
No licensee licensed under the provisions of this chapter shall deny
or permit his agents or employees to deny any person the full and
equal enjoyment of the accommodations, 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. (See 235 ILCS 5/6-17.)
C.
No licensee shall fill or refill in whole or in part any original
package of alcohol with the same or other liquor and no liquor shall
be sold except in original packages. (See 235 ILCS 5/6-22.)[1]
D.
No alcoholic liquor shall be sold or delivered in any building belonging
to or under the control of a municipality except in connection with
the operation of an established food service facility or at a site
specifically provided for in the Liquor Control Act and where dram
shop insurance coverage is provided. (See 235 ILCS 5/6-15.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
An established place of business is a prerequisite to the issuance
of a license. Revocation of a license when a licensee ceases to operate
the business before the license expires is within the authority of
the Mayor on the grounds of nonuse. (See Goode v. Thomas 31 Ill. App.
3d 674, 1975.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who sells, gives, or furnishes to any person under
the age of 21 years any false or fraudulent written, printed, or photostatic
evidence of the age and identity of such person or who sells, gives
or furnishes to any person under the age of 21 years evidence of age
and identification of any other person is guilty of violating this
chapter. (See 235 ILCS 5/6-16.)
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee, any written, printed or photostatic
evidence of age and identity which is false, fraudulent, or not actually
his own for the purpose of ordering, purchasing, attempting to purchase
or otherwise procuring or attempting to procure the serving of any
alcoholic beverage, or who has in his possession any false or fraudulent
written, printed, or photostatic evidence of age and identity, is
guilty of violating this chapter. (See 235 ILCS 5/6-16)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person under the age of 21 years shall have any alcoholic
beverage in his possession on any street or highway or in any public
place, or in any place open to the public. This section does not apply
to possession by a person under the age of 21 years making a delivery
of an alcoholic beverage in pursuance of the order of his or her parent
or in pursuance of his or her employment. (See 235 ILCS 5/6-16.)
A.
Any person shall be guilty of a violation of this chapter where he
or she knowingly permits a gathering at a residence which he or she
occupies, any other private property under his or her control, or
any vehicle, conveyance, or watercraft under his or her control of
two or more persons where any one or more of the persons is under
21 years of age and the following factors also apply:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The person occupying the residence knows that any such person under
the age of 21 is in possession of or is consuming any alcoholic beverage;
and
(2)
The possession or consumption of the alcohol by the person under
21 is not otherwise permitted by this chapter; and
(3)
The person occupying the residence knows that the person under the
age of 21 leaves the residence in an intoxicated condition.
B.
For the purposes of this section, where the residence has an owner
and a tenant or lessee, there is a rebuttable presumption that the
residence is occupied only by the tenant or lessee.
(See 235 ILCS 5/6-16.)
Any person who rents a hotel or motel room from the proprietor
or agent thereof for the purpose of or with the knowledge that such
room shall be used for the consumption of alcoholic liquor by persons
under the age of 21 years shall be guilty of violating this chapter.
(See 235 ILCS 5/6-16.)
