Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS* Chapter ALCOHOLIC LIQUOR

Transcription

1 Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS* * For statutory provisions authorizing cities to license and tax certain businesses, see 65 Ill. Comp. Stat. 5/ et seq.; for provisions authorizing cities to fix the amount, terms and manner of issuing and revoking licenses, see 65 Ill. Comp. Stat. 5/ Chapters: 5.04 Alcoholic Liquor 5.08 Liquor License For V.F.W. Post Malt Beverages 5.28 Massage Parlors 5.40 Peddlers and Solicitors Sections: Chapter ALCOHOLIC LIQUOR Definitions License--Required License--Application--Contents License--Restrictions on issuance License--Term--Prorating of fee License--Classifications--Fees Fees--Payment and disposition Bond amount--requirements--generally Bond--Form Insurance requirements Licenses--Number permitted License--List required License--Class B--Restrictions License--Revocation License--Nontransferable--Exception Premises--To be kept in sanitary condition Premises--Hours of operation Premises--Location restrictions Premises--Change of location Premises--View from street required Premises--Minors and habitual drunkards prohibited--penalty Sale to persons under twenty-one years of age Persons under twenty-one years of age prohibited on premises--exception Age limitation on sale or acceptance of alcoholic liquor Identification required for sale when Penalty for violation of Sections through Employee restrictions Sales on election days Peddling prohibited. 106

2 Penalty for violation Definitions. Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below: A. "Alcoholic liquor" means any spirits, wine, beer, ale or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes; B. "Beer" means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like. (Ord ; Ord (part), 1990; Ord , 1934) License--Required. It is unlawful to sell or offer for sale at retail in the city any alcoholic liquor, without having a retail liquor dealer's license, or in violation of the terms of such license. (Ord ; Ord (part), 1990; Ord , 1934) License--Application--Contents. Application for retail liquor dealer's licenses shall be submitted in writing, on form provided by the city, to the mayor, not less than fifteen days prior to the effective date of the license, and shall be signed by the applicant if an individual, or by all partners if the applicant is a partnership, or by a duly authorized agent thereof if the applicant is a corporation. Application for a corporation must include a certified copy of the Certificate of Incorporation. All applications must include Certificate of General and Public Liability Insurance and Dram Shop Insurance with effective dates equal to the license period requested. All applications must include the appropriate fee. All applications must include the following information and statements: A. The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, each person entitled to share in the profits thereof; or in the case of a corporation, resident agent of the corporation; B. The citizenship of the applicant, his place of birth, and, if a naturalized citizen, the time and place of his naturalization and naturalization number; C. The character of business engaged in by the applicant; D. The length of time that the applicant has been in business of that character; made; E. The amount of goods, wares and merchandise on hand at the time application is 107

3 F. The location and description of the premises or place of business at the address stated in the application and which is to be operated under the license; and description and of the type of business to be conducted and entertainment to be provided at the address stated in the application for which the license is needed; G. A statement whether the applicant has made similar application for a similar or other license on premises other than those described in this application, and the disposition of the other license application; H. A statement that the applicant has never been convicted of a felony, and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of this city; I. Whether a previous license by any state or subdivision thereof, or by the federal government, has been revoked, and the reasons thereof; J. A statement that the applicant will not violate any of the laws of the state, of the United States, or any ordinance of the city, in the conduct of his place of business. (Ord ; Ord , F; Ord (part), 1990; Ord , 1934) License--Restrictions on issuance. No retail liquor dealer's license shall be issued to: A. A person who is not of good character and reputation in the community in which he resides; B. A person who has been convicted of a felony under any federal or state law, if the Illinois Liquor Control Commission determines, after investigation, that such person has not been sufficiently rehabilitated to warrant public trust; fame; C. A person who has been convicted of being the keeper or is keeping a house of ill D. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality; E. A person whose license, issued under Sections and , has been revoked for cause; F. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application; G. A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license; H. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; 108

4 I. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of the ordinance codified in this chapter, or who has forfeited his bond to appear in court to answer charges for any such violation; J. A person who does not own the premises for which a retail liquor dealer's license is sought, or who does not have a lease thereon for the full period for which the license is to be issued; K. Any law-enforcing public official, any mayor, alderman, or member of the city council. No such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor; L. Any person not eligible for a state retail liquor dealer's license; M. A person who is not a citizen of the United States; N. A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision; O. A person who is not a beneficial owner of the business to be operated by the licensee. P. A person who intends to sell alcoholic liquors for use or consumption of his or her licensed retail premises who does not have liquor liability insurance coverage for the premises in an amount that is at least equal to the maximum liability amounts set out in subsection (a) of Section 6-21 of the Liquor Control Act of 1934 found at 235 ILCS 5/1-1 et. seq. or any successor provision of state law. (Ord ; Ord , 2001; Ord (part), 1990; Unnumbered/undated Ord. Div. 3 3; Ord , 1934) License--Term--Prorating of fee. Each license shall terminate on the thirtieth day of April next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. (Ord ; Ord (part), 1990; Ord , 1934) License--Classifications--Fees. A. Class A licenses shall authorize the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises, as well as other retail sales of such liquor. The annual fee for a Class A license shall be five hundred dollars, payable after April 1st and prior to April 30th of each year. 109

5 B. Class B licenses shall authorize the retail sale of beer for consumption on premises; the word "beer" meaning a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. The annual fee for a Class B license shall be one hundred dollars, payable after April 1st and prior to April 30th of each year. C. Class C licenses shall authorize the retail sale of alcoholic liquor in the original package as defined in Section 2.06 of Article 1 of the Liquor Control Act, as added by an act approved August 3, 1949, said liquor not to be consumed on the premises. The annual fee for Class C licenses shall be five hundred dollars, payable after April 1st and prior to April 30th of each year. D. Class D licenses shall be issued only as a special event license and shall be issued only to a responsible chartered service organization similar to Lions Club, Chamber of Commerce, Rotary Club, etc., and shall authorize the retail sale of beer, the word "beer" meaning the same as defined under Class B license, for consumption on premises and within an approved designated enclosed area defined in the application for the special event license. The fee for a Class D special event license shall be twenty-five dollars per day, not exceeding three days per event. The total fee shall be payable in advance. (Ord ; Ord (part), 1990; Ord. dated 7/5/83 1; Ord , 1959; Ord , 1958; Ord. 494 A, 1946; Ord , 1934) Fees--Payment and disposition. All fees for retail liquor dealer's licenses shall be paid to the mayor at the time application is made, and shall be forthwith turned over to the city treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the council by proper action. (Ord ; Ord (part), 1990; Ord , 1934) Bond amount--requirements--generally. A. Before any person is licensed to sell alcoholic liquors within the city, the applicant shall first provide a personal bond in penal sum of three thousand dollars for self and each cosignor of personal bond, payable to the city, or secure bond issued by an acceptable surety bonding company. The accepted bond shall be conditioned: 1. That licensee will pay to all persons all damages that they may sustain, either in person or in property, or means of support, by reason of the person, who is about to obtain a license, selling or giving away intoxicating liquors; 2. That licensee will well and truly observe and obey all laws of the state concerning the sale of alcoholic liquors and ordinances of this city, which are or may be in force during the continuance of any license granted under this bond; 3. That licensee will keep a good, orderly and quiet place of business, and keep the business closed in accordance with the provisions of any ordinance that is now or 110

6 may hereafter be passed by the city council regulating the hours during which an alcoholic liquor may be sold within the city limits; 4. That licensee will not keep his place of business open except during the hours and on the days as provided in Sections and , or provided in any subsequent ordinance that may be in effect during the term for which said license is granted; 5. That licensee will not sell or give away any alcoholic liquors to any minor or to any person in a state of intoxication; 6. That licensee will not permit any riotous, disorderly, indecent or offensive conduct of any kind whatever to be practiced in or about any premises occupied by licensee in the conduct of the business, and shall report all such incidents to the local authorities should they occur; 7. That licensee will not sell or give away any alcoholic liquors to any habitual drunkard or habitually intoxicated person; 8. That licensee will pay the license fee which shall be fixed by the city council under provisions of this chapter from time to time as is, or may hereafter be provided; 9. That conviction of the licensee for a breach of any of the conditions of the bond shall work a forfeiture of two hundred dollars of its penalty to the city for each and every breach thereof, the amount of which forfeiture may be sued for in the name of the People of the State of Illinois for the use of the city, and recovered in any court of competent jurisdiction. B. The retail liquor dealer's bond shall be executed and acknowledged before some officer authorized by law to take acknowledgments, and shall be filed in the office of the city clerk. Any bond taken under the provisions of this section may be sued upon for the use of any person or his legal representatives who may be injured by reason of the selling or giving away of any alcoholic liquors, as defined in this chapter, by the person so licensed or by his agent or servant. If, after the giving and acceptance of any such bond, any person who, having signed the bond or any surety, during the lifetime of the license, dies or becomes a nonresident of this state, or insolvent, or if the city council or mayor deems the bond or the sureties thereof to be insufficient, the city council or the mayor of the city may revoke the license issued under Section until such time as a satisfactory bond is furnished and approved by the city council. (Ord ; Ord (part), 1990; Ord , 1934) Bond--Form. The bond, as provided in Section , may be in form and substance as follows: KNOW ALL MEN BY THESE PRESENTS, That we, A. B., as principal, and C. D. and E. F., as sureties, of the County of Woodford, and State of Illinois, each are held and firmly bound unto the people of the State of Illinois in the penal sum of three thousand ($3,000.00) dollars, lawful money of the United States, for the payment of which, well and truly to be made and performed, we, and each of us, do hereby bind ourselves, our 111

7 heirs, executors, administrators and assigns, and legal representatives, jointly and severally by these presents. Witness our hands and seals at Minonk, Illinois, this day of, A.D. 20. The conditions of this obligation are such, that whereas the above bounden A. B. desires to sell alcoholic liquor at retail in the City of Minonk, in said County, for the period from the day of, A.D. 20. First, Now, if the said A. B. shall well and truly pay all damages to any person or persons which may be inflicted upon them, either in person or property or means of support, by reason of said A. B. selling or giving away alcoholic liquors, and shall well and truly observe all the laws of the State of Illinois concerning the sale of alcoholic liquors, and the ordinances of the City of Minonk which are or may be in force during the continuance of any license granted under this bond. Second, And if the said A. B. shall well and truly comply with all of the provisions of an ordinance of the City of Minonk entitled 'An Ordinance to Regulate the Sale of Alcoholic Liquor, passed and approved May 7, 1934, and any amendments that may hereafter be made thereto, or any ordinance that may hereafter be enacted by the City Council of the City of Minonk regulating the sale of alcoholic liquors at retail, and if the said A. B. shall well and truly pay the license which has been or which may be fixed by the City Council under the provisions of the ordinances of the City of Minonk, then this obligation to be void, otherwise to remain in full force and effect. And a conviction for a breach of any of the conditions of this bond shall work a forfeiture of two hundred and no/100 ($200.00) dollars of its penalty to the City of Minonk. The amount of said forfeiture may be sued for in the name of the people of the State of Illinois for the use of the City of Minonk, and recovered in any court having jurisdiction of said amount. Signed and sealed this day of, 20. Signed, sealed and delivered in presence of. (Ord ; Ord (part), 1990; Ord , 1934) Insurance requirements. All licensed retail liquor dealers shall be required to provide the city with a certificate of insurance for general liability and dram shop with application for license. Effective dates of said 112

8 insurances shall be for period for which license is issued. (Ord ; Ord (part), 1990) Licenses--Number permitted. There shall be issued in the city no more than five Class A licenses, two Class B licenses, three Class C licenses, and two Class D licenses to be in effect at any one time. (Ord ; Ord (part), 1990; Unnumbered Ord. dated 7/5/83 2; Unnumbered Res. dated 5/3/54; Ord , 1948; Ord , 1934) License--List required. The mayor shall keep or cause to be kept a complete record of all such licenses issued by him; and shall furnish the clerk, treasurer, and chief of police each with a copy thereof. Upon the issuance of any new license or the revocation of any old license, the mayor shall give written notice of the action to each of the above officers within forty-eight hours of such action. (Ord ; Ord (part), 1990: Ord , 1934) License--Class B--Restrictions. No holder of a Class B license issued under Section shall keep or allow to be kept on the premises specified in such license any alcoholic liquor other than beer, except and unless such licensee shall also be the holder of a Class A license issued under Section for the same premises. (Ord ; Ord (part), 1990: Ord , 1934) License--Revocation. The mayor may revoke any retail liquor dealer's license for any violation of any provision of this chapter, or for any violation of any state law pertaining to the sale of alcoholic liquor. (Ord ; Ord (part), 1990: Ord , 1934) License--Nontransferable--Exception. A retail liquor dealer's license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as provided in Section , and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, insolvency or bankruptcy of the licensee, until the expiration of the license, but not longer than six months after death, bankruptcy or insolvency of the licensee. A refund shall be made of that 113

9 portion of the license fees paid for any period in which the licensee is prevented from operating under the license in accordance with the provisions of this section. (Ord ; Ord (part), 1990: Ord , 1934) Premises--To be kept in sanitary condition. All premises used for the retail sale of alcoholic liquor, or for the storage of liquor for sale, shall be kept in a clean and sanitary condition. (Ord ; Ord (part), 1990: Ord , 1934) Premises--Hours of operation. A. Retail Sales Hours. It is unlawful to sell or offer to sale at retail or to give away in or upon any licensed premises, any alcoholic liquor between the hours of one a.m. and six a.m. on any Sunday through Friday, nor between the hours of one-thirty a.m. and six a.m. on any Saturday. (Ord ) B. Closing Hours. It shall be unlawful to keep open for business, or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic liquor in or upon any premises on which alcoholic liquor is sold at retail between the hours of one-thirty a.m. and six a.m. on any Sunday through Friday, nor between the hours of two a.m. and six a.m. on any Saturday; provided, that in the case of restaurants, such establishments may be kept open for business during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours. (Ord ) C. Special Holiday Closing. It is unlawful to sell, or offer for sale at retail, or to give away in or upon any licensed premises, any alcoholic liquor between the hours of six p.m. Christmas Eve and twelve noon Christmas Day nor between the hours of one-thirty a.m. and six a.m. New Year's Day. D. Time. All times used in this section shall be the prevailing local time. E. Variances. Any request for variances from the closing times specifically stated in this section may be requested by any holder of a municipal liquor license in the form of a written request to the Liquor Commissioner. The Liquor Commissioner, at his discretion, can grant a variance limited to one specific event or day. The Liquor Commissioner shall issue his variance in writing and the license holder must display the variance permit in his establishment for the day or event the variance is granted. F. Penalties for Violation. Violation of any provision of this section shall be penalized as follows: 1. First Offense. Fine of at least one hundred dollars, but not to exceed three hundred dollars; 2. Second Offense. Fine of at least one hundred dollars, but not to exceed three hundred dollars, plus ten-day suspension of offender's liquor license; 114

10 3. Third Offense. Suspension of not more than thirty days and/or revocation for cause of offender's liquor license. (Ord ; Ord (part), 1990; Ord. Dated 12/3/79, 1-6; Ord. 497, 1934; Ord , 1934) Premises--Location restrictions. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any church, school, hospital, undertaking establishment or mortuary, unless the place of business has been established for such purposes prior to the effective date of the ordinance codified in this chapter. (Ord ; Ord (part), 1990: Ord , 1934) Premises--Change of location. 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 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 laws of this state and the ordinances of the city. (Ord ; Ord (part), 1990; Ord , 1934) Premises--View from street required. In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of the licensed premises, nor inside such premises, which prevents a clear view into the interior of the licensed premises from the street, road or sidewalk at all times. No booth, screen partition or other obstruction, nor any arrangement of lights or lighting, shall be permitted in or about the interior of the premises which prevents a full view of the entire interior of the premises from the street, road or sidewalk. The premises must be so located that there shall be full view of the entire interior of the premises from the street, road or sidewalk. 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 are clearly visible. In case the view into any licensed premises, required by this section, is willfully obscured by the licensee or by him willfully suffered to be obscured or in any manner obstructed, then his license shall be subject to revocation in the manner provided in Section (Ord ; Ord (part), 1990; Ord , 1958; Ord , 1934) Premises--Minors and habitual drunkards prohibited--penalty. No retailer of liquors shall employ any minor or habitual drunkard as a servant or clerk in his business, nor shall such retailer harbor or entice or suffer any minor or intoxicated person or habitual drunkard to remain or loiter in or about his place of business, under a penalty of not less than one hundred dollars and not more than five hundred dollars for each offense. (Ord ; Ord (part), 1990; Ord , 1934). 115

11 Sale to persons under twenty-one years of age. The sale, gift, or delivery of beer, liquor and wine may not be made to persons under the age of twenty-one years. (Ord ; Ord (part), 1990; Ord. 697, 1973; Ord. 494, 1934) Persons under twenty-one years of age prohibited on premises--exception. No establishment which has heretofore been licensed for the sale of alcoholic beverages shall allow any person on their premises under twenty-one years of age unless that person is accompanied by a parent, or parents, or by such other person or person standing in loco parentis. (Ord ; Ord (part), 1990; Ord. 697, 1973; Ord. 494, 1934) Age limitation on sale or acceptance of alcoholic liquor. The sale, gift or delivery of any alcoholic liquors is prohibited to those persons under the age of twenty-one years of age. These persons shall not accept as a gift any alcoholic liquors or have alcoholic liquors in their possession. (Ord ; Ord (part), 1990; Ord. 697, 1973; Ord. 494, 1934) Identification required for sale when. Any licensee who believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the nonage of the prospective recipient 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. (Ord ; Ord (part), 1990; Ord. 697, 1973; Ord. 494, 1934) Penalty for violation of Sections through Whoever violates any of the provisions of Sections through shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars and not more than five hundred dollars for each offense. (Ord ; Ord (part), 1990; Ord. 697, 1973; Ord. 494, 1934) Employee restrictions. It is unlawful to employ in any premises used for the retail sale of alcoholic liquor, any person who is below the age of twenty-one years to sell, dispense and/or serve alcoholic liquor; and/or to employ any person who is afflicted with, or who is a carrier of any contagious, infectious or venereal disease. It is unlawful for any person below the age of twenty-one years to work in any premises where duty includes selling, dispensing and/or serving alcoholic liquor; and for any person who is afflicted with or is a carrier of any contagious, infectious, or venereal disease, to work in or about any premises or to engage in any way in the handling, preparation or distribution of liquor. (Ord ; Ord (part), 1990; Ord , 1934). 116