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)