Title XI BUSINESS REGULATIONS
Chapter 112 ALCOHOLIC LIQUOR DEALERS
112.01 Purpose.
112.02 Definitions.
112.03 License required.
112.04 Application for license.
112.05 Grounds for refusal of license.
112.06 Classification of licenses--Fees.
112.07 Disposition of license fees.
112.08 Selling liquor without license prohibited.
112.09 Mayor to keep record of licenses.
112.10 Term of license--Nontransferable.
112.11 Renewal of license.
112.12 Location cannot be changed without approval.
112.13 Premises to be kept clean and sanitary.
112.14 Employment of diseased persons prohibited.
112.15 Restrictions near church, schools, or hospital.
112.16 Restrictions applicable to persons under 21.
112.17 Dram shop liability insurance.
112.18 Clear view into premises required.
112.19 Undesirable characters prohibited on premises--Disturbance of the peace.
112.20 No license to be issued for dwelling, flat, or apartment building.
112.21 Sale or delivery to certain persons forbidden.
112.22 Licensee responsible for compliance.
112.23 Hours during which sales are prohibited.
112.24 Revocation of license.
112.25 Number of liquor licenses authorized.
112.99 Penalty.
112.01 Purpose.
This chapter shall be liberally construed to the end that the health,
safety, and welfare of the inhabitants of the city shall be protected and
temperance in the consumption of alcoholic liquors shall be featured and
promoted by sound and careful control and regulation of the sale of alcoholic
liquors. (‘68 Code, § 112.001) Penalty, see Section 112.99
112.02 Definitions.
For purposes of this chapter the following words and phrases shall have
the following meanings ascribed to them respectively.
(A) “Alcoholic
liquor” includes alcohol, spirits, wine, and beer and every other liquid
or solid, patented or not, containing alcohol, spirits, wine, or beer, and
capable of being consumed as a beverage by human beings. The provisions of this
act shall not apply to alcohol used in the manufacture of denatured alcohol
produced in accordance with Acts of Congress and regulations promulgated
thereunder, nor to any liquid or solid containing one-half of one percent, or
less, of alcohol by volume.
(B) “Sale.” Any transfer, exchange,
or barter in any manner or by any means whatsoever for a consideration;
including all sales made by any person whether principal proprietor, agent,
servant, or employee.
(C) “Sell at retail” and “sale at
retail.” Sales for use and consumption and not for resale in any
form.
(D) “To sell.” Includes soliciting or receiving an order,
or keeping or exposing for sale and keeping with the intent to
sell.
(E) “Restaurant.” Any place, used, maintained, advertised
or held out to the public as a place where meals are served, and where meals are
actually and regularly served, and in addition meet the following
qualifications:
(1) There is adequate and sanitary kitchen equipment and the
food is prepared in a room separate from the dining room.
(2) There is an
adequate and sanitary dining area, separate from the kitchen, where patrons and
guests are seated at tables with chair seating only, or in booths.
(3) There
are employees who prepare and cook food but do not serve it to patrons and
guests.
(4) There are employees who serve food to patrons and guests, but
who do not prepare or cook food.
(5) The sale of any alcoholic liquor is
only an incidental part of the operation of such restaurant and the proceeds
from the sale of alcoholic liquor do not exceed one-third of the gross income or
revenue from all restaurant proceeds.
(6) There is no bar for serving
alcoholic liquor, but only a service bar where a waitress or employee may pick
up alcoholic liquor to be served at tables or in booths.
(7) The menu at all
times will provide a variety of “full course” meals as opposed to a
“sandwich shop” or “fast food” type of business. A
“full course” meal is defined as one where soup, salad, entree, and
dessert are listed and sold on the menu as a complete meal.
(8) Alcoholic
liquor can only be sold with a meal and served in glasses for consumption on the
premises.
(9) No drive-up or drive-through food sales are made or
provided.
(10) No alcoholic liquor is sold or served except in conformity
with the hours provided for by ordinance for the sale of alcoholic liquor.
(‘68 Code, § 112.005; Am. Ord. 926, passed 12-4-84; Am. Ord. 1494,
passed 1-21-03) Penalty, see Section 112.99
112.03 License required.
No person shall sell or offer for sale at retail in the city any alcoholic
liquor without having a retail liquor dealer’s license. (‘68 Code,
§ 112.010) Penalty, see Section 112.99
112.04 Application for license.
Application for a license shall be made to and filed with the mayor. It
shall be in writing, signed by the applicant if an individual or a duly
authorized agent thereof if a corporation, and verified by oath or affidavit.
The application shall be presented not less than 10 days prior to the date
issuance is desired and shall contain the following information:
(A) The
name, age, and address of the applicant, in the case of a copartnership the
persons entitled to share in the profits thereof. In the case of a corporation
for profit it shall include the date of the 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 the corporation is owned by one person or
his nominees, the name and address of that person.
(B) Reserved.
(C) The
character or business of the applicant and, in case of a corporation, the object
for which it was formed.
(D) The length of time that the applicant has been
in business of that character or, in case of a corporation, the date on which
its charter was issued.
(E) The location and description of the premises or
place of business which is to be operated under the license.
(F) A statement
whether the applicant has made similar application for a similar other license
on premises other than described in this application, and the disposition of the
application.
(G) A statement that the applicant has never been convicted of
a felony and is not disqualified to receive a license by reasons of any matter
or thing contained in this code, laws of this state, or the ordinances of this
city.
(H) Whether a previous license by any state or subdivision thereof or
by the federal government has been revoked and the reasons therefor.
(I) A
statement that the applicant will not violate any of the laws of the state of
Illinois or of the United States or any ordinances of the city in the conduct of
his place of business. (‘68 Code, § 112.015; Am. Ord. 1495, passed
1-21-03) Penalty, see Section 112.99
112.05 Grounds for refusal of license.
No license shall be issued to:
(A) A person who is not a resident of
the city or, if a corporation, who does not employ a resident manager.
(B) A
person who is not of good character and reputation in the community in which he
resides.
(C) Reserved.
(D) If applicant reports a felony conviction,
such conviction may be considered in determining the qualifications for
licensing, but shall not operate as a bar to licensing.
(E) A person who has
been convicted of being the keeper or is keeping a house of ill fame.
(F) A
person who has been convicted of pandering or any 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 the license by a first application.
(I) A copartnership unless all of
the members of the copartnership shall be qualified to obtain a
license.
(J) A corporation if any officer, manager, or director thereof; or
any stockholder or stockholders owning in the aggregate more than 5% of the
stock of the corporation would not be eligible to receive a license hereunder
for any reason other than residence within the political subdivision.
(K) A
person whose place of business is conducted by a manager or agent unless the
manager or agent possesses the same qualifications required by the
licensee.
(L) A person who has been convicted of a violation of any federal
or state law concerning the manufacture, possession, or sale or alcoholic liquor
previous to the passage of this chapter 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.
(N) Any
person, association, firm, or corporation not eligible for a state retail liquor
dealer’s license. (‘68 Code, § 112.020; Am. Ord. 1496, passed
1-21-03) Penalty, see Section 112.99
112.06 Classification of licenses--Fees.
(A) Licenses are divided into classes as follows:
(1) Class A licenses
shall authorize the retail sale on the specified premises of alcoholic liquor,
which may or may not be for consumption on the premises. The annual fee for the
license shall be $800 payable in two semiannual installments of $400 each; the
installments shall be due on May 1 and November 1 of each year. No sale of
alcoholic liquor shall be permitted in drive-up or drive-thru or other similar
facility.
(2) Class B licenses shall authorize the wholesale and retail sale
on the specified premises of alcoholic liquor but the liquor sold shall not be
for consumption on the specified premises where sold. The annual fee for the
license shall be $800 payable in two semiannual installments of $400 each; the
installments shall be due on May 1 and November 1 of each year. No sale of
alcoholic liquor shall be permitted in a drive-up or drive-thru or other similar
facility.
(3)(a) Class C licenses shall authorize the retail sale of
alcoholic liquor upon the specified premises only to members and guests when
accompanied by members and shall be issued only to clubs as defined by the
Illinois Liquor Control Act, to local lodges of national fraternal
organizations, and to other bona fide fraternal pleasure and social associations
not organized primarily for the sale or consumption of alcoholic liquor. The
annual fee for the license shall be $400 per year payable in two semiannual
installments of $200 each; the installments shall be due on May 1 and November 1
of each year.
(b) At the time any application for a Class C license or a
renewal thereof is made, the secretary of the organization shall furnish a sworn
statement of the number of members as of the date of the application. The
affidavit shall be attached to and made a part of the application for license or
renewal.
(c) The aggregate number of Class C licenses to be issued and in
effect in the city at any one time shall not exceed two in number.
(4)(a)
Class D licenses shall authorize the retail sale of alcoholic liquor in
restaurants only for consumption on the premises in accordance with and only in
places where the licensed establishment can keep and maintain at all times
during the license term, all of the terms and conditions of a restaurant as
defined in Section 112.02 of this chapter.
(b) The annual fee for a Class D
license shall be $700 per year payable in two equal installments, the first of
which shall be deposited with the application for license and thereafter the
license fee shall be paid one-half on May 1 and one-half on November 1 of each
year.
(c) Any existing licensee now holding a Class D license where beer and
wine only may be sold, may continue to use the license to sell beer and wine
only in accordance with the terms of division (A)(4) of Section 112.06 existing
before the adoption of Ordinance 926, until May 1, 1985. On May 1, 1985, such
Class D license shall convert to a Class D license as defined in this section
(Ordinance 926). Any existing licensee now holding a Class D license where beer
and wine only may be sold, may elect to convert its existing Class D license to
the Class D license as defined in this section by paying the difference in fees
as established for a Class D license in this section and the fee paid for a
Class D license where only beer and wine can be sold.
(5)(a) Class E
licensees shall authorize the sale of alcoholic liquor by civic, charitable,
governmental, or other not-for-pecuniary-profit organizations on specified
premises or within an area specifically designated in the license for no longer
than a period of 24 hours. Class E licenses shall be available only to such
organizations whose offices are located within the city.
(b) The fee for the
issuance of a Class E license for the period allowed shall be $25 per
day.
(c) The application for a Class E license shall be made to the Liquor
Commissioner under oath, accompanied by the required fee, and shall contain such
information and be in such form as may be required by the Liquor Commissioner.
The Liquor Commissioner shall determine, in his sole determination, whether it
is in the best interests of the city to issue such a license.
(d) All of the
other terms, conditions and provisions of this chapter shall be applicable to
the issuance of a Class E license, except as specifically provided in this
division (5), and also except that the restrictions under Sections 112.15 and
112.18 may be waived by the local Liquor Commissioner when the license is issued
for the premises owned or occupied by the civic, charitable, governmental, or
other not-for-pecuniary-profit organization.
(e) Any license issued as a
Class E license shall be subject to the following conditions and
restrictions:
1. The area operated for sale of alcoholic liquor under a
Class E license shall require the same to be adequately fenced with a snow fence
of no less than four feet in height or in a defined area or space within a
building.
2. The area licensed shall have one or more entrances (not to
exceed four in number) of not more than five feet in width each.
3. No
person under the age of 21 years shall enter a licensed premises, except in
cases where a licensee is selling food; and in that event, a person under the
age of 21 years, when accompanied by his parents or legal guardian, may enter
the licensed premises with the parent or legal guardian and remain there with
the parent or legal guardian until 9:00 p.m. After 9:00 p.m., no person under
the age of 21 years shall be allowed in the licensed premises. It shall be the
responsibility of the licensee, operator, and employees of the licensee to
enforce the time limits set above and to remove persons under the age of 21
years from the licensed premises after 9:00 p.m.
4. No person under the age
of 21 years shall be allowed to consume, purchase, or possess any alcoholic
liquor in the licensed premises. It shall be the responsibility of the licensee,
operator, and employees of the licensee to enforce this age provision by
providing a responsible person or persons to check and establish the age of each
person consuming alcoholic liquor within the licensed premises.
5. Any
violation of this section, state law, or other local ordinance, or any disorder,
fighting, or lewd operations shall result in the suspension of the license
issued pursuant to this division (5), in addition to any other penalty as
provided by law.
(6) Class F licenses shall authorize the retail sale on the
specified premises of alcoholic liquor, for consumption only upon the premises.
The annual fee for the license shall be $800 payable in two semiannual
installments of $400 each. One-half of the first installment shall be deposited
with the application for license, the balance of the annual fee is to be due and
payable on November 1 following and thereafter the license fee shall be paid
one-half on May 1 and one-half on November 1 of each year.
(7)(a) Class G
licenses shall authorize the retail sale and dispensing of alcoholic liquor for
consumption at an outdoor sporting/entertainment facility of the licensed
premises, and within the building of the licensed premises at or over a bar or
bars, service bar or bars and at tables for businesses operating as a banquet
facility for private parties scheduled in advance including, but not limited to,
wedding receptions, political and charitable fund-raisers, club gatherings,
sports banquets, anniversary parties, reunions, holiday parties, appreciation
gatherings, company parties and similar events.
(b) The aggregate number of
Class G licenses to be issued and in effect in the city at any one time shall
not exceed one in number.
(c) The annual fee for a Class G license shall be
$1,900 payable in two semi-annual installments of $950 each. One-half of the
first installment shall be deposited with the application for license, the
balance of the annual fee is to be due and payable on November 1 following and
thereafter the license fee shall be paid one-half on May 1 and one-half on
November 1 of each year.
(B) Any person, firm, or corporation having a
retail liquor license in full force and effect on November 1, 1959, shall, if
otherwise eligible under the terms of this chapter, be permitted to secure a
renewal of the license from year to year so long as the license shall not at any
time be revoked or permitted to lapse. The renewals shall be continuous,
however, for the purpose of determining the continuity of license renewals, as
above set forth, the widow of any deceased licensee (who held a license on
November 1, 1959, which has never been permitted to lapse) or such adult child
of the deceased licensee as the widow may designate shall, if otherwise
qualified, be deemed one and the same as the deceased licensee. Or if there
shall be no widow, then the eldest resident adult child of the deceased licensee
may make the designation. If there is no widow or adult child of the deceased
licensee, then the license shall not be renewable. (‘68 Code, §
112.025; Am. Ord. 689, passed 5-4-76; Am. Ord. 737, passed 10-17-78; Am. Ord.
774, passed 12-18-79; Am. Ord. 785, passed 4-15-80; Am. Ord. 837, passed
11-17-81; Am. Ord. 923, passed 10-2-84; Am. Ord. 926, passed 12-4-84; Am. Ord.
996, passed 2-17-87; Am. Ord. 1005, passed 5-5-87; Ord. 1516, passed 3-18-03)
Penalty, see Section 112.99
112.07 Disposition of license fees.
All license fees shall be paid to the mayor at the time application is
made and shall forthwith be turned over to the city treasurer. In the event the
license applied for is denied, then the fee shall be returned to the applicant.
If the license is granted, then the fee shall be deposited in the general
corporate fund or in such other fund as shall have been designated by the city
council. (‘68 Code, § 112.030) Penalty, see Section 112.99
112.08 Selling liquor without license prohibited.
A person, club, firm, or corporation not having a license shall not sell
or offer for sale any alcoholic liquor for consumption on the premises where
sold or permit the same to be consumed on the premises where sold. (‘68
Code, § 112.035) Penalty, see Section 112.99
112.09 Mayor to keep record of licenses.
The mayor shall keep or cause to be kept a complete record of all licenses
issued by him and shall furnish the city clerk, the city treasurer, and the
chief of police each with a copy thereof upon the issuance of any new license,
and shall notify each of the officers in writing upon the issuance of any new
license or revocation of any old license. (‘68 Code, § 112.040)
Penalty, see Section 112.99
112.10 Term of license--Nontransferable.
A license shall be purely a personal privilege good for up to one year
from the date of issuance unless revoked as provided in this chapter. It shall
not constitute property. It shall not be subject to attachment, garnishment, or
execution; nor shall it be alienable or
transferable, voluntarily or
involuntarily, or subject to being encumbered or hypothecated. (‘68 Code,
§ 112.045) Penalty, see Section 112.99
112.11 Renewal of license.
Any licensee may renew his license upon its expiration provided he is then
qualified to receive a license and the premises for which the renewal license is
sought are suitable for such purpose. 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 the city.
(‘68 Code, § 112.050) Penalty, see Section 112.99
112.12 Location cannot be changed without approval.
A retail liquor dealer’s license shall permit the sale of alcoholic
liquor only on the premises described in the application and license. The
location may be changed only upon the written permit to make the 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 laws
of this state and the ordinances of this city. (‘68 Code, § 112.055)
Penalty, see Section 112.99
112.13 Premises to be kept clean and sanitary.
All premises used for the retail sale of alcoholic liquor or for the
storage of alcoholic liquor for retail sale shall be kept in a clean and
sanitary condition and in full compliance with the ordinances regulating the
condition of premises used for the storage or sale of food for human
consumption. (‘68 Code, § 112.060) Penalty, see Section
112.99
112.14 Employment of diseased persons prohibited.
No person shall employ on any premises used for the retail sale of
alcoholic liquor any person who is afflicted with or who is a carrier of any
contagious, infectious, or venereal disease. 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. (‘68 Code, § 112.065) Penalty, see Section
112.99
112.15 Restrictions near church, schools, or hospital.
No license shall be issued for the sale at retail of any alcoholic liquor
within 100 feet of any church, cemetery, school, hospital, or home for the aged,
indigent persons, or veterans, their wives, or children. (‘68 Code, §
112.070) Penalty, see Section 112.99
112.16 Restrictions applicable to persons under 21.
(A) It shall be unlawful for any person, except a licensee or the spouse
of a licensee, who is not 21 years of age or over to wait on trade, act as agent
or employee, or sell or assist in the sale of any alcoholic beverage at retail
for consumption on the premises in any place operating under any license issued
by the city.
(B) It shall be unlawful for any licensee or any officer,
associate, member, representative, agent, or employee of the licensee or for any
other person to sell, give, or deliver alcoholic beverages to any person who has
not yet attained his or her twenty-first birthday.
(C) It shall also be
unlawful for any minor to draw, pour, or mix any alcoholic liquor as an employee
of any retail licensee or to attend any bar and to draw, pour, or mix any
alcoholic liquor in any licensed retail premises. (Ord. 675, passed 1-7-75;
amend. Ord. 959, passed 11-19-85) Penalty, see Section 112.99
112.17 Dram shop liability insurance.
(A) Before any liquor license shall be issued or renewed, the applicant
for the license shall present to the liquor commissioner evidence of dram shop
liability insurance issued by an insurance company licensed to do business in
the state, insuring the applicant and the owner or lessor of the premises for
dram shop liability in at least the following amounts:
(1) $45,000 for
general liability or personal injury per person;
(2) $45,000 for general
liability or property damage per person;
(3) $55,000 for general liability
or loss of means of support per person.
These liability limits shall
automatically be increased or decreased as applicable, by a percentage equal to
the percentage change in the consumer price index during the preceding 12 month
calendar year. The new amount resulting from each annual adjustment shall be
determined by the Illinois Comptroller and made available to the Chief Judge of
the Twelfth Judicial Circuit (Will County, Illinois).
(B) The dram shop
liability insurance shall be kept and maintained in full force and effect during
the term that the license is issued. Failure to keep and maintain the insurance
shall be cause for suspension or revocation of any alcoholic liquor license
issued pursuant to this chapter.
(C) The certificate of insurance shall
provide that on the termination or cancellation of any dram shop policy, notice
thereof shall be mailed to the city clerk at least 10 days prior to the
termination date. (Ord. 791, passed 9-16-80; Ord. 1537, passed 4-1-03)
112.18 Clear view into premises required.
(A) No screen, blind, curtain, partition, article, or thing shall be
permitted in the windows or upon the doors of licensed premises nor inside such
premises which prevent a clear view into the interior of the licensed premises
from the street, road, or sidewalk at all times.
(B) All rooms where liquor
is sold for consumption upon the premises shall be continuously lighted during
business hours by natural light or artificial white light so that all parts of
the interior of the premises can be clearly visible.
(C) In case the view
into any licensed premises required by the foregoing provisions shall be
wilfully obscured by the licensee or which he wilfully permitted to be obscured
or in any manner obstructed, then the license shall be subject to revocation in
the manner herein provided. In order to enforce the provisions of this section,
the mayor shall have the right to require the filing with him of plans,
drawings, and photographs of the clearance of the view as above required.
(‘68 Code, § 112.085) Penalty see Section 112.99
112.19 Undesirable characters prohibited on premises--Disturbance of the peace.
(A) Reserved.
(B) Any disturbance of the peace or disorderly conduct
shall be reported to the city police department and the liquor commissioner.
(‘69 Code, § 112.090; Am. Ord. 1497, passed 1-21-03) Penalty, see
Section 112.99
112.20 No license to be issued for dwelling, flat, or apartment building.
No license shall be issued for the purpose of selling or offering for sale
at retail any intoxicating liquor in any dwelling house, flat, or apartment
building. (‘68 Code, § 112.095) Penalty, see Section 112.99
112.21 Sale or delivery to certain persons forbidden.
(A) No licensee nor any officer, associate, member, representative, agent,
or employee of the licensee shall sell, give, or deliver alcoholic liquor to any
person under the age of 21 years or to any intoxicated person or to any person
known by him to be under legal disability or in need of mental treatment. No
person, after purchasing or otherwise obtaining alcoholic liquor, shall sell,
give, or deliver the alcoholic liquor to another person under the age of 21
years, except in the performance of a religious ceremony or service.
(B) For
the purpose of preventing the violation of this section any licensee, or his
agent, or employee may refuse to sell or serve alcoholic beverages to any person
who is unable to produce adequate written evidence of identity and of the fact
that he or she is over the age of 21 years.
(C) Adequate written evidence of
age and identity of the person is a document issued by a federal, state, county,
or municipal government or subdivision or agency thereof, including but not
limited to a motor vehicle operator’s license, a registration certificate
issued under the Federal Selective Service Act, or an identification card issued
to a member of the armed forces. Proof that the defendant-licensee, or his
employee or agent demanded, was 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.
(D) 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 a
misdemeanor.
(E) 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 a misdemeanor.
(F) Any person
under the age of 21 years who has any alcoholic beverage in his possession on
any street or highway or in any public place or in any place open to the public
is guilty of a misdemeanor. 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 parent or in pursuance of his
employment.
(G) 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.
(H) 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 non-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.
(I) 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 or accept delivery or have
possession of alcoholic liquor in violation of this division. The consumption of
alcoholic liquor by any person under 21 years of age is forbidden. Whoever
violates any provisions of this division shall be guilty of a
misdemeanor.
(J) 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 of such minor in the privacy of a home, is not prohibited by this
section.
(K) For the purpose of this division, where the residence has an
owner and a tenant or lessee, there is a rebuttable presumption that the
residence is occupied by the tenant or lessee. It shall be unlawful for any
person to knowingly permit a gathering at a residence which he or she occupies
of two or more persons where any one or more of the persons is under 18 years of
age and the following factors apply:
(1) The person occupying the residence
knows that any person under the age of 18 years is in possession of or is
consuming any alcoholic beverage;
(2) The possession or consumption of the
alcoholic liquor by the person under 18 years of age is not otherwise permitted
by this section; and
(3) The person occupying the residence knows that the
person under the age of 18 years leaves the residence in an intoxicated
condition. (‘68 Code, § 112.100; Am. Ord. 669, passed 1-15-74; Am.
Ord. 773, passed 12-18-79; Am. Ord. 959, passed 11-19-85) Penalty, see Section
112.99
112.22 Licensee responsible for compliance.
The licensee and his agents, officers, and employees shall at all times be
personally responsible for the proper operation of the business, including
compliance with the provisions of this chapter and the observation of all laws
and regulations applicable thereto. (‘68 Code, § 112.105) Penalty,
see Section 112.99
112.23 Hours during which sales are prohibited.
(A) No licensee shall keep open or allow his place of business to remain
open or sell or offer for sale at retail or offer to give away on any licensed
premises any alcoholic liquor in the city after the hour of 1:00 a.m. on Monday,
Tuesday, Wednesday, Thursday, and Friday and after the hour of 2:00 a.m. on
Saturday and Sunday and before the hour of 7:00 a.m., except that on New
Year’s Day, a licensee may remain open until the hour of 4:00
a.m.
(B) No licensee shall permit and no member of the general public shall
remain in or upon the licensed premises after the hour of 1:00 a.m. on Monday,
Tuesday, Wednesday, Thursday, and Friday and 2:00 a.m. on Saturday and Sunday as
provided above. Nothing herein contained shall be construed to prevent the
licensee or his employees from remaining upon the licensed premises after the
aforesaid closing hour. Should any person other than the licensee, members of
his family, or his employees, agents, or servants be found upon or leaving the
licensed premises after the closing hour, the city shall have the right to
presume that the person was served alcoholic liquor after the closing hour and
the presumption may be raised in any court or other legal proceeding for the
violation of the terms of this section or any hearing concerning the suspension
or revocation of the license issued to the licensee of the premises in question.
(‘68 Code, § 112.110; Am. Ord. 685, passed 1-6-76; Am. Ord. 1179,
passed 12-29-93) Penalty, see Section 112.99
112.24 Revocation of license.
The mayor as local liquor commissioner may personally revoke any retail
dealer’s license for any violation of any provisions of this chapter or
for any misrepresentation of any material facts set forth in the application for
license or for violation of any state or federal law pertaining to the sale of
alcoholic liquor. Revocation of or failure to obtain a state or federal license
shall automatically revoke the city license issued pursuant to this chapter.
(‘68 Code, § 112.115) Penalty, see Section 112.99
112.25 Number of liquor licenses authorized.
(A) There shall be available, for issuance by the local liquor control
commissioner, the following number of licenses for each of the following
classifications of liquor licenses:
|
Classification
|
Maximum Number Authorized
|
|
Class A liquor license (Retail sale-bar/carryout)
|
6
|
|
Class B liquor license (Wholesale-retail/carryout)
|
2
|
|
Class C liquor license (Fraternal organizations)
|
2
|
|
Class D liquor license (Restaurants)
|
3
|
|
Class E liquor license (Not-for-profit organizations/24-hour maximum)
|
There is no limitation upon the number of Class E liquor licenses, but the
issuance of this Class “E” license is entirely within the reasonable
discretion of the local liquor control commissioner.
|
|
Class F liquor license (Retail sale on premises)
|
2
|
(B) Liquor licenses shall be issued for a fiscal year beginning May
1st of each year. If a license is issued during the first six months of the
fiscal year, the applicant shall pay a full year license fee, as provided by
city ordinance. If a license is issued during the last six months of the fiscal
year, the applicant shall pay a one-half year license fee. (Ord. 774, passed
12-18-79; Am. Ord. 785, passed 4-15-80; Am. Ord. 802, passed 2-3-81; Am. Ord.
823, passed 7-7-81; Am. Ord. 1090, passed 3-28-90; Am. Ord. 1151, passed
7-21-92; Am. Ord. 1171, passed 6-1-93; Am. Ord. 1249, passed 2-4-97; Am. Ord.
1271, passed 2-3-98; Am. Ord. 1298, passed 11-3-98) Penalty, see Section
112.99
112.99 Penalty.
Any person, firm or corporation violating any provision in this title, for
which another penalty is not provided, shall for a first conviction be fined not
less than $25 nor more than $750, for a second conviction within one year
thereafter, the person, firm or corporation shall be fined not less than $100
nor more than $750 and for a third or subsequent conviction within one year
after the first conviction, the person, firm or corporation shall be fined not
less than $250 nor more than $750. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord. 1574, passed
7-15-03)
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