[Amended 10-23-2017 by Ord. No. 2017/10/23-2; 11-27-2017 by Ord. No. 2017/11/27-3; 6-5-2023 by Ord. No. 2023/06/05-1]
Alcoholic products may only be sold or consumed in appropriately
licensed establishments during the following times:
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Monday 6:00 a.m.-— Tuesday 2:00 a.m.
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Tuesday 6:00 a.m. - Wednesday 2:00 a.m.
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Wednesday 6:00 a.m. - Thursday 2:00 a.m.
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Thursday 6:00 a.m. - Friday 2:00 a.m.
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Friday 6:00 a.m. - Saturday 2:00 a.m.
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Saturday 6:00 a.m. - Sunday 2:00 a.m.
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Sunday 10:00 a.m. - Sunday 10:00 p.m.
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OR
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Sunday, December 31, 10:00 a.m. - Monday, January 1, 2:00 a.m.
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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 sales 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.
C.
Nothing in this section shall prohibit the issuance of a retail license
authorizing the sale of alcoholic liquor incidental to a restaurant
if: (1) The primary business of the restaurant consists of the sale
of food where the sale of liquor is incidental to the sale of food
and the applicant is a completely new owner of the restaurant; (2)
The immediately prior owner or operator of the premises where the
restaurant is located operated the premises as a restaurant and held
a valid retail license authorizing the sale of alcoholic liquor at
the restaurant for at least part of the 24 months before the change
of ownership; and (3) The restaurant is located 75 or more feet from
a school.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall, within this municipality, transport, carry,
possess or have any alcoholic liquor in, upon or about any motor vehicle
in or on any public street, alley or place, except in the original
package and with the seal unbroken, except as provided in 235 ILCS
5/6-33. The licensee shall not knowingly permit any person to leave
his premises with liquor 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 of 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 290, Zoning, of the City 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.
A.
No licensee, his agent, servant or employee shall permit or allow
any lewd or lascivious act or any topless and/or bottomless employee
and/or employees or entertainment to be performed within the licensed
premises by an entertainer employed therein, or by any employee or
guest. ("Topless" shall be defined as naked and substantially without
clothing or covering of the body from the waist to the neckline; and
"bottomless" shall be defined as naked and substantially without clothing
or covering of the body from the waist downward.)
B.
No licensee, his agent, servant or employee shall permit or allow
any employee or guest or any other person whomever to solicit or encourage
the purchasing of any alcoholic liquor or beverage of any description,
or the giving of any gratuity or gift by any patron or guest to or
for the benefit of such employee or guest.
C.
The following kinds of conduct on premises licensed in this municipality
to sell alcoholic liquor are prohibited:
(1)
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts;
(2)
The actual or simulated exhibition, touching, caressing or fondling
of the breasts, buttocks, pubic hair, anus, vulva or genitals;
(3)
The actual or simulated displaying of the breasts, buttocks, pubic
hair, anus, vulva or genitals;
(4)
The permitting by a licensee of any person to remain in or upon the
licensed premises who exposes to view any portion of his or her breasts,
buttocks, genitals, vulva or anus;
(5)
The displaying of films or pictures depicting acts, a live performance
of which are prohibited by the regulations quoted above.
A.
It shall be unlawful for any person under the age of 21 years to
enter upon premises where alcoholic liquors, spirits, beer or wine
are sold by the holder of a Class A liquor license, unless accompanied
by a parent or legal guardian.
B.
No holder of a Class A liquor license, nor any officer, associate,
member, representative, agent or employee of such licensee, shall
permit any person under the age of 21 years not accompanied by a parent
or legal guardian to enter the licensed premises. For the purpose
of preventing the violation of this section, any holder of a Class
A liquor license or his agent or employee may refuse to permit entry
onto the licensed premises of any person under the age of 21 years
who is unable to produce adequate written evidence of the fact that
the person accompanying such person under the age of 21 years is that
person's parent or guardian.
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.
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 contagious disease, infectious or venereal
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.
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.
It is unlawful to keep, place, maintain or operate any gambling
device or instrument in and upon the premises used or occupied as
a place where alcoholic liquor is sold or given away.
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.
[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.
It shall be unlawful for any person under 21 years of age to
attend any bar or to sell, draw, pour or mix any alcoholic liquor
in any licensed retail premises.
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.
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, they 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.
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
of or have possession of alcoholic liquor in violation of this chapter.
The consumption of alcoholic liquor by any person under the age of
21 years is forbidden.
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.
A.
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:
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WARNING TO MINORS
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"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."
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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 are located, provided
that this subsection shall not apply to any minor who is accompanied
by his parent or guardian, or any licensed premises which derives
its principal business from the sale of services or other commodities
other than alcoholic liquor.
A.
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 parent
or parents of such minor in the privacy of a home is not prohibited
by this chapter.
B.
Social
host restrictions. 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 chapter. 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 chapter if he or she knowingly authorizes or permits consumption
of alcoholic liquor by underage invitees. Nothing in this subsection
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. For the
purposes of this subsection, where the residence or other property
has an owner and a tenant or lessee, the trier of fact may infer that
the residence or other property is occupied only by the tenant or
lessee.
[Added 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, the Zoning Administrator,
if any, or any member of the corporate authorities for the purpose
of making an inspection of such premises or any part thereof.
