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Sections:
Exhibits:
5.08.010
Definitions.
All words
and phrases used in this chapter and not otherwise defined herein, which
are defined in "An Act Relating to Alcoholic Liquors," approved
January 31, 1934, as amended (235 ILCS 5/1-2 et seq.) shall have the meaning
accorded to such words and phrases in said Act. Unless the context otherwise
requires, the following terms as used in this chapter shall be construed
according to the following definitions:
A. "Alcoholic
liquor" means any alcohol, spirits, wine, beer, ale and other liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by a human being.
B. "Beer"
means a beverage obtained by the 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.
C. "Club"
means a corporation organized under the laws of this state, not for
pecuniary profit, solely for the promotion of some common object other
than the sales or consumption of alcoholic liquors, which conforms to
the definition of a club in (235 ILCS 5/1-3.24).
D. "Hotel"
or "Motel" means every building or other structure kept, used,
maintained, advertised and held out to the public to be a place where
food is actually served and consumed and sleeping accommodations are
offered for adequate pay to travelers and such guests and having one
or more public dining rooms, where meals are served to such guests,
such sleeping accommodations and dining rooms being conducted in the
same building or buildings, in connection therewith and such building
or buildings, structures being provided with adequate and sanitary kitchen
and dining room equipment and capacity.
E. "Minor"
means any person under eighteen years of age.
F. "Resort
Hotel" or “Resort Motel" means a hotel or motel, as
described in paragraph D above, which provides golfing and swimming.
G. "Retail
Sale" means the sale for use or consumption and not for resale
in any form.
H. "Tavern,"
“Bar” or “Saloon” means either of the following:
- Any
public place that engages in the retail sale of alcoholic liquors
for consumption on the premises with or without food service, and
where the sale and consumption of food predominates the sale and
consumption of alcoholic liquors;
- Any
public place that engages in the retail sale of alcoholic liquors
for consumption on the premises with or without food service and
where the sale and consumption of alcoholic liquors predominates
the sale and consumption of food.
I. "Wine"
means any alcoholic beverage obtained by the fermentation of the natural
contents of fruits, or vegetables, containing sugar, including such
beverages when fortified by the addition of alcohol or spirits.
J. “Holding
Bar” means an area within a restaurant where patrons awaiting
food service may consume alcoholic liquors served by a bartender. The
holding bar area shall be separated from the dining area by means of
a partition wall. The number of seats or stools at the holding bar shall
not exceed 10% of the total seats in such restaurant. Food service tables
are permitted in the holding bar area. A counter shall separate the
bartender and patrons.
K. “Service
Bar” means a permanent or portable bar from which waitpersons
pick up alcoholic beverages for delivery to food service tables or other
locations away from the bar. A service bar shall not have seats or stools
or other places for patrons to sit or stand while drinking alcoholic
beverages. Patrons shall not be served from a service bar.
L. “Live
Entertainment” means the playing of live music by a person or
persons using string, brass, reed, woodwind, percussion, electronic
or digital instruments not to exceed a volume as provided for in Section
17.25.030 (91) of the zoning code of St. Charles, and performances by
individuals and/or groups which may involve acting, singing, dancing,
comedy and/or the recital or poetry.
M. “Halfway
House” means premises located on a golf course in proximity of
the ninth hole of an eighteen-hole golf course, where alcoholic liquor
sales are incidental to the sale of food and snacks. All alcoholic liquors
shall be served in other than glass containers.
(Ord. 2004-M-12
§ 1; Ord. 1996-M-53 § 13; Ord. 1977-M-28 § 1; Ord. 1976-M-5
(part): prior code § 24.001.)
5.08.020
Local Liquor Control Commissioner - Designated.
The Mayor
of the City is authorized to be the Local Liquor Control Commissioner
and shall be charged with the administration of the Liquor Control Act,
(235 ILCS 5/1-1 et seq.), and of such ordinances and resolutions relating
to alcoholic liquor as may be enacted.
The Mayor
may appoint a person or persons to assist him in the exercise of the powers
and the performance of the duties provided for such Local Liquor Control
Commissioner.
(Ord. 2004-M-12
§ 1; Ord. 1996-M-53 § 14; Ord. 1976-M-5 (part): prior code §
24.003 (part).)
5.08.030
Local Liquor Control Commissioner - Powers, duties and functions.
The Local
Liquor Control Commissioner shall have the following powers, duties and
functions with respect to local liquor licenses:
A. To
grant and/or suspend for not more than thirty days or revoke for cause,
all local licenses issued to persons or entities for premises within
the City;
B. To
enter or to authorize any law enforcing officer to enter, at any time,
upon any premises licensed hereunder to determine whether any of the
provisions of the state law or City ordinance or any rules or regulations
adopted by the City or by the Illinois Liquor Control Commission have
been or are being violated, and at such time to examine the premises
of the licensee in connection therewith. Any person or persons appointed
by the Local Liquor Control Commissioner pursuant to Section 5.08.020
shall have the powers given to the Local Liquor Control Commissioner
by this subdivision;
C. To
receive complaints from any citizen within the City that any provision
of the state law or of this chapter have been or are being violated
and to act upon such complaints in the manner provided by law;
D. To
receive local license fees and pay same to the City. Each local liquor
control commissioner also has the duty to notify the Secretary of State
of any convictions for violation of Section 6-20 of (235 ILCS 5/ et
seq. Liquor Control Act).
E. To
examine or cause to be examined, under oath, any applicant for a local
license or for a renewal thereof, or any licensee upon whom notice of
revocation or suspension has been served, or any licensee against whom
a citation proceeding has been instituted by the State of Illinois Liquor
Control Commission; to examine or cause to be examined, the books and
records of any such applicant or licensee; and to hear testimony and
take evidence for his information in the performance of his duties,
and for such purposes to issue subpoenas which shall be effective in
any part of this state. For the purposes of obtaining any information
desired by the Local Liquor Control Commissioner, he may authorize an
agent to act on his behalf.
(Ord. 2004-M-12
§ 1; Ord. 1976-M-5 (part): prior code § 24.003(A).)
5.08.040
License - Required.
It is unlawful
to sell or offer for sale at retail in the City any alcoholic liquor without
a retail liquor dealer's license, or in violation of the terms of such
license. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part): prior code §
24.002.)
5.08.050
License - Application requirements.
A. Applications
for a retail liquor dealer's license shall be made to the Local Liquor
Control Commissioner, in writing, signed by the applicant, if an individual,
or by a duly authorized agent thereof if a club or corporation, verified
by oath or affidavit, and shall contain the following statements and information:
1. In
the case of an individual, the full name, age and address of the applicant;
in the case of a co-partnership, the persons entitled to share in the
profits thereof; in the case of a corporation, the objects for which
it is organized, the names and addresses of the officers and directors,
and if five percent or more in interest in the stock of such corporation
is owned by a person or his nominee or nominees, the name and address
of each such person or persons;
2. The
citizenship of the applicant, his date and place of birth and, if a
naturalized citizen, the time and place of his naturalization;
3. The
character of business of the applicant;
4. The
length of time said applicant has been in business of that character;
5. The
amount of goods, wares and merchandise on hand at the time application
is made;
6. The
location and description of the premises or place of business which
is to be operated under such license;
a. If
a leased premises, a copy of the lease shall be provided as required
and shall be for a term of sufficient length to encompass the period
of the license sought.
b. The
name and address of the owner or owners of the premises and the names
and addresses of all the owners of the beneficial interest of any
trust if said premises is held in trust;
7. A statement
whether applicant has made similar application for a similar other license
on premises other than described in this application, and the disposition
of such application;
8. A statement
that applicant has never been convicted of a felony, or a misdemeanor
opposed to decency or morality, and is not disqualified to receive a
license by reason of any matter or thing contained in the laws of the
state or the ordinances of the City;
9. Whether
a previous license by any state or subdivision thereof or by the federal
government has been issued; if so, where and when; or if any such license
has been revoked, the reason therefor;
10. The
date of incorporation if an Illinois corporation, or the date of becoming
qualified under the Illinois Business Corporation Act to transact business
in Illinois if a foreign corporation;
11. A
statement that the applicant will not violate any of the laws of the
state, or of the United States, or any ordinance of the City in the
conduct of his place of business;
12. Any
applicant for a newly created city liquor license or any applicant for
a renewal of a city liquor license is to be fingerprinted whether said
applicant is an individual or a partnership. Should the applicant be
a corporation, the commissioner may, within his discretion, require
the following to be fingerprinted: the officers, manager or director
thereof, or any stockholder or stockholders owning the aggregate of
more than five percent of the capital stock of said corporation. The
City police department shall do all such fingerprinting. There shall
be a fingerprint fee of fifty ($50) dollars per application to be paid
at time of application and non-refundable.
B. The commissioner
shall issue a written acceptance or rejection of such application within
sixty days of its receipt by the local liquor commissioner or city clerk
in his behalf.
C. There
shall be an application fee of two hundred ($200) dollars, which shall
be non-refundable and if a license is granted applied to the first license
fee.
(Ord. 2004-M-12
§ 1; Ord. 1999-M-21 § 1; Ord. 1980-M-25 § 1(a); Ord. 1976-M-5
(part): prior code § 24.004.)
5.08.060
License - Restriction on issuance.
No such
license shall be issued to:
A. A person
who is not of good character and reputation in the community in St. Charles;
B. A person
who is not a citizen of the United States;
C. A person
who has been convicted of a felony under any Federal or State law if determined
by the Local Liquor Control Commissioner that such person has not been
sufficiently rehabilitated to warrant the public trust;
D. A person
who has been convicted of being the keeper or is keeping a house of ill
fame;
E. A person
who has been convicted of pandering or other crime or misdemeanor opposed
to decency and morality;
F. A person
whose license under this chapter has been revoked for cause;
G. 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;
H. A co-partnership,
if any general partnership thereof, or any limited partnership thereof,
owning more than 5% of the aggregate limited partner interest in such
co-partnership would not be eligible to receive a license under this chapter
for any reason other than residence in the City, unless residency is required
by local ordinance;
I. 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 such corporation,
would not be eligible to receive a license under this chapter for any
reason other than citizenship and residence in the City;
J. A corporation,
unless it is incorporated in Illinois or unless it is a foreign corporation
which is qualified under the Illinois Business Corporation Act of 1983
to transact business in Illinois;
K. A person
whose place of business is conducted by a manager or agent unless said
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 of alcoholic liquor, or who shall
have forfeited his bond to appear in court to answer charges for any such
violation;
M. A person
who does not beneficially 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. An elected
public official, law enforcing officer, the Mayor or member of the City
Council of the City, or employee, or member of any City board or commission,
and no such official shall be interested in any way, either directly or
indirectly, in the manufacture, sale or distribution of alcoholic liquor;
O. Any person,
firm or corporation not eligible for a state retail liquor dealer's license;
P. Any applicant
who fails to obtain a state liquor license;
Q. A person
who is not a beneficial owner of the business to be operated by the licensee;
R. A person
who has been convicted of a gambling offense as proscribed by any of subsections
(a)(3) through (a)(11) of Section 28-1 of, or as proscribed by Section
28-1.1 or 28-3 of, the Criminal Code of 1961, approved July 18, 1961,
or as proscribed by a statute replacing any of the aforesaid statutory
provisions;
S. A person
or entity to whom a federal wagering stamp has been issued by the federal
government for the current tax period;
T. A co-partnership
to which a federal wagering stamp has been issued by the federal government
for the current tax period, or if any of the partners have been issued
a federal wagering stamp by the federal government for the current tax
period;
U. A corporation,
if any officer, manager or director thereof, or any stockholder owning
in the aggregate more than five percent of the stock of such corporation,
has been issued a federal wagering stamp for the current tax period;
V. Any premises
for which a federal wagering stamp has been issued by the federal government
for the current tax period;
W. In addition
to other grounds specified in this chapter, the Local Liquor Control Commissioner
shall refuse the issuance or renewal of a retail license, or suspend or
revoke such license, for any of the following violations of the "Retailers'
Occupation Tax Act," approved June 28, 1933, as amended:
1. Failure
to make a tax return,
2. The
filing of a fraudulent return,
3. Failure
to pay all of any tax or penalty finally determined to be due,
4. Failure
to keep books and records,
5. Failure
to secure and display a certificate of registration,
6. Willful
violation of any rule or regulation of the department relating to the
administration and enforcement of tax liability.
(Ord. 2004-M-12
§ 1; Ord. 1976-M-5 (part): prior code § 24.005.)
5.08.070
License - Dram shop insurance required prior to issuance.
No license
shall be granted to an applicant until such applicant shall furnish evidence
satisfactory to the Local Liquor Control Commissioner that such applicant
is covered by a policy of dram shop insurance issued by a responsible
insurance company authorized and licensed to do business in the state
insuring such applicant against liability which such applicant may incur
under the provisions of 235 ILCS 5/6-21. The insurance policy shall have
a May 1st renewal date. The City shall be given at least ten days' written
notice from such insurance carrier prior to cancellation, termination
or amendment of any such dram shop insurance policy. (Ord. 2004-M-12 §
1; Ord. 1996-M-53 § 15; Ord. 1979-M-54 § 1(a); Ord. 1976-M-5
(part): prior code § 24.008.)
5.08.080
License - Classes and fees.
Class A licenses shall authorize the retail sale of alcoholic liquors in original packages only and not for consumption on the premises. Class A licensed alcoholic liquor sales shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 12:00 noon to 10:00 p.m. on Sunday except where December 24 or December 31 occurs on a Sunday, then Class A licensed alcoholic liquor sales shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Unless otherwise defined, the annual license fee for all
Class A licenses shall be One thousand Six Hundred ($1,600) dollars. Class A license shall be additionally divided into the following sub-classes:
Class A
– Packaged Alcoholic Liquor Licenses
A. Class A licenses shall authorize the retail sale of alcoholic liquors in original packages only and not for consumption on the premises. Class A licensed alcoholic liquor sales shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 12:00 noon to 10:00 p.m. on Sunday. Unless otherwise defined, the annual license fee for all Class A licenses shall be one Thousand Six Hundred ($1,600) dollars. Class A licenses shall be additionally divided into the following sub-classes:
A-1.
Class A-1 licenses shall authorize the retail sale of alcoholic liquors in original packages only and not for consumption on the premises. Curb service or sale is prohibited. Sales of alcoholic liquors are prohibited on premises defined as gasoline filling stations. The premises for Class A-1 shall have the primary purpose of retail alcohol liquor sales, and have a gross area of not less than 2,000 sq. ft.
A-2.
Class A-2 licenses shall authorize the retail sale of alcoholic liquors in original packages only and not for consumption on the premises. The primary purpose of Class A-2 premises shall be for retail sales other than the sale of alcoholic liquors, such as food store, drug store or mass merchandiser, provided the gross square footage of such premises is 10,000 sq. ft. or larger, and provided the square footage devoted to retail alcoholic liquor sales is 10% or less, of the gross square footage. (Ord. 2008-M-71 § 1.)
A-3.
Class A-3 licenses shall authorize the retail sale of alcoholic liquors both on the premises and off the premises; off premise sales to be in original packages only. Special closing hours for Class A-3 original package sales only shall be between the hours of 12:59 a.m. to 7 a.m. of any weekday and between the hours of 12:59 a.m. and noon of any Sunday. Such special closing hours shall terminate on April 30, 2009, and are not renewable. Class A-3 licenses shall meet the requirements of Section 5.08.010 (H-1 and H-2), as set above. Live entertainment and supplemental late hours shall not be permitted. There shall be one Class A-3 license issued. No additional Class A-3 licenses shall be issued. The fee for a Class A-3 license shall be Two Thousand ($2,000) dollars per year.
A-4.
Class A-4 licenses shall authorize the retail sale of domestic and imported wines, champagne, imported alcoholic liquor and gourmet beer in original packages only, not for consumption on the premises. The open hours for original package sales of alcoholic liquor shall be as described in Class A above. Curb service or sale is prohibited. The retail sale of alcoholic liquor shall be incidental to other retail sales, and shall not exceed 25% of the annual gross sales of such Class A-4 licensee.
A-5.
Class A-5 licenses shall authorize the retail sale of beer for consumption on or off the premises where brewed on the premises, provided the retail sale of beer for consumption off the premises shall be in original packages only. Class A-5 licenses shall also authorize the retail sale of wine in original packages only for consumption off the premises where fermented on the premises. Class A-5 licenses shall authorize the tasting of wines in connection with the bona fide sale of wines in the original package. Wine tasting shall be confined to samples of not more than one ounce in conjunction with the anticipated sale of wine. The sample shall be provided without compensation for the sample. Sampling shall be under the supervision of the license holder and be conducted in a manner, which will confine the consumption on the premises only. Wine tasting shall not be permitted after 8:00 p.m. Curb service or sale is prohibited. The open hours for original package sales of alcoholic liquor shall be as described in Class A above.
Class B
– Restaurant Licenses
Class B licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises, whose primary purpose shall be for sit-down service of food. Class B licenses shall authorize the sale of alcoholic liquors in outdoor sales areas, provided such sales are in conjunction with food service only, and provided such outdoor sales areas meet the requirements of Section 17.20.010 (A4) and Section 17.25.030 (90) of the zoning code of St. Charles. Closing hours for sales of alcoholic liquors under the Class B licenses shall be from 1:00 a.m. to 7:00 a.m. of any weekday, and between the hours of 1:00 a.m. and noon of any Sunday. Class B licenses shall authorize the retail sale of wine only, including champagne from 10:00 a.m. until noon on Sunday, in the dining room only, of the licensee’s restaurant in conjunction with and incidental to the purchase of a sit-down meal. Class B licenses shall permit live entertainment as described in Section 5.08.010 (L) “Definitions” above, provided such live entertainment meets the requirements of Section 17.20.010 (A5) and Section 17.25.030 (91) of the zoning code of St. Charles. The live entertainment shall be permitted in the enclosed portion of the premises only, on any Friday night until 2:00 a.m. Saturday and any Saturday night until 2:00 a.m. Sunday, except that outdoor live entertainment shall be prohibited between the hours of 10:00 p.m. and noon of the following day. Additionally, the sound level of any amplified outdoor entertainment shall not exceed 60 decibels at the property line of any residential district. Further, Class B licenses are permitted to sell alcoholic liquors at retail on New Year’s Day, January 1, between the hours of midnight, December 31 and 3:00 a.m. on January 1. Class B licenses shall be additionally divided into the following sub-classes:
B-1.
Class B-1 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, provided such premises shall have a seating capacity of 500 persons or less, and provided that alcoholic liquors be served only from a waitperson service bar, as defined in Section 5.08.010(K) above. Fees for a Class B-1 license shall be One Thousand Two Hundred ($1,200) dollars per year.
B-2.
Class B-2 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, provided such premises shall have a seating capacity of 500 persons or less, and provided that alcoholic liquors may be served at a holding bar as described in Section 5.08.010(J) above. All food service tables shall be served alcoholic liquors by a waitperson from a service bar, as defined in Section 5.08.010(K) above. Fees for a Class B-2 license shall be One Thousand Four Hundred ($1,400) dollars per year.
B-3.
Class B-3 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, provided such premises shall have a seating capacity of more than 500 persons, and provided that alcoholic liquors may be served at one or more holding bars as described in Section 5.08.010(J) above. All food service tables shall be served alcoholic liquors by a waitperson from a service bar, as defined in Section 5.08.010(K) above. Fees for a Class B-3 license shall be One Thousand Six Hundred ($1,600) dollars per year.
B-4.
Class B-4 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, and that alcoholic liquors may be served at a holding bar as described in Section 5.08.010(J) above. All food service tables shall be served alcoholic liquors by a waitperson from a service bar, as defined in Section 5.08.010(K) above. Class B-4 licenses shall permit live entertainment as described in Section 5.08.010(L) defined above, provided such live entertainment meets the requirements of Section 17.20.010 (A5) and Section 17.25.030 (91) of the zoning code of St. Charles. The live entertainment shall be permitted in the enclosed portion of the premises only, on any Friday night until 2:00 a.m. Saturday and any Saturday night until 2:00 a.m. Sunday, except that outdoor live entertainment shall be prohibited between the hours of 10:00 p.m. and noon of the following day. Additionally, the sound level of any amplified outdoor entertainment shall not exceed 60 decibels at the property line of any residential district. The fees for a Class B-4 license shall be Two Thousand Six Hundred ($2,600) dollars per year.
B-5.
Class B-5 licenses shall authorize the retail sale of beer and wine only for consumption on the premises described on the license application only and shall not permit relocation. Class B-5 licenses shall authorize the sale of beer and wine during the hours of 11:00 a.m. and 11:00 p.m. of any weekday except Friday and Saturday; the sale of beer and wine on Friday and Saturday shall be 11:00 a.m. to 11:59 p.m.; the sales of beer and wine on Sunday shall be between the hours of noon and 10:00 p.m. There shall be only four Class B-5 licenses issued during any one-year period. The fee for a Class B-5 license shall be One Thousand Two Hundred ($1,200) dollars. Additional restrictions for Class B-5 licenses shall be as follows:
B-5-1.
License number B-5-1 is not to be removed from the location of 2125 West Main St. in the City without the approval of the City Council and the consent of the Local Liquor Control Commissioner.
B-5-2.
License number B-5-2 is not to be removed from the location of 105 North Second Ave. in the City without the approval of the City Council and the consent of the Local Liquor Control Commissioner. The licenses at 105 North Second Ave. permits outdoor service only in the fenced-in west patio as shown in the site plan attached hereto as Exhibit A and not in the east patio. Further, license number B-5-2 shall be allowed to serve wine and champagne for consumption on the premises only in conjunction with food services between the hours of 10:00 a.m. and noon on Sunday.
B-5-3License number B-5-3 is not to be removed from the location of 1554 East Main St. in the City without the approval of the City Council and the consent of the Local Liquor Control Commissioner.
B-5-4
License number B-5-4 is not to be removed from the location of 3895 East Main St. in the City without the approval of the City Council and the consent of the Local Liquor Control Commissioner.
Class C
– Tavern; Bar; Saloon Licenses
C. Class C licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, the premises defined as tavern, bar or saloon. The premises shall meet requirements as described in Section 5.08.010 (H-1 and/or H-2.) Class C licenses shall authorize the sale of alcoholic liquors in outdoor sales areas provided such sales are in conjunction with food service only as described in 5.08.010 (H-1) above and provided such outdoor sales areas meet the requirements of Section 17.20.010 (A4) and Section 17.25.030 (90) of the zoning code of St. Charles. Unless otherwise defined, closing hours for sales of alcoholic liquor under Class C licenses are between the hours of 1:00 a.m. and 7:00 a.m. of any weekday, and between the hours of 1:00 a.m. and noon of any Sunday, further, Class C licenses are permitted to sell alcoholic liquors at retail on New Year's Day, January 1 between the hours of midnight, December 31 and 3:00 a.m. on January 1. Class C licenses shall be additionally divided into the following sub-classes:
C-1.
Class C-1 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only. The premises shall meet requirements as described in Section 5.08.010 (H-1 and H-2). Class C licenses shall authorize the sale of alcoholic liquors in outdoor sales areas provided such sales are in conjunction with food service only, as described in 5.08.010 (H-1) above and provided such outdoor sales areas meet the requirements of Section 17.20.010 (A4) and Section 17.25.030 (90) of the zoning code of St. Charles. Live entertainment and supplemental late hours shall not be permitted. The fee for a Class C-1 license shall be One Thousand Three Hundred ($1,300) dollars per year.
C-2.
Class C-2 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only. The premises shall meet requirements as described in Section 5.08.010 (H-1 and H-2). Class C-2 licenses shall permit live entertainment as described in Section 5.08.010 (L) “Definitions” above, provided such live entertainment meets the requirements of Section 17.20.010 (A5) and Section 17.25.030 (91) of the zoning code of St. Charles. The live entertainment shall be permitted in the enclosed portion of the premises only, on any Friday night until 2:00 a.m. Saturday, and any Saturday night until 2:00 a.m. Sunday, except that outdoor live entertainment shall be prohibited between the hours of 10:00 p.m. and noon of the following day. Additionally, the sound level of any amplified outdoor entertainment shall not exceed 60 decibels at the property line of any residential district. The fee for a Class C-2 license shall be Two Thousand Six Hundred ($2,600) dollars per year.
C-3.
Class C-3 licenses shall authorize the retail sale of beer and wine only for consumption on the premises described on the license application only and shall not permit relocation. The premises shall meet the requirements as described in Section 5.08.010 (H-1 and/or H-2). The fee for a Class C-3 license shall be One Thousand Two hundred ($1,200) dollars per year.
Class D - Specific Alcoholic Liquor Sales and Site Specific Alcoholic Liquor Sales Licenses
D.
Class D licenses shall authorize the retail sale of specific alcoholic liquor sales and/or specific location sales. Class D licenses shall be for consumption of alcoholic liquors on the premises only, except as otherwise provided. Class D licenses may permit sales of alcoholic liquors as described in Class B and Call C above, as specified on licensee’s application. Class D licensees may, but only with the express written permission of the Local Liquor Control Commissioner, conduct on the premises tasting of wine, in connection with the bona fide sale of wines in the original package for consumption not on the premises. Wine tasting shall be confined to samples of not more than one ounce in conjunction with the anticipated sale of wine. The sample shall be provided without compensation. Such permission shall only be granted to conduct a fundraising activity for not for profit St. Charles organizations or groups. Such permission may be granted to each Class D licensee not more than three times within any three hundred sixty-five day period. Class D licenses shall be additionally divided into the following sub-classes:
D-1.
Class D-1 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises of any resort hotel or motel only, as described in Section 5.08.010 (D) in this chapter, such retail sale to be made by the person who operates the resort hotel or motel. Additionally, each of the residence rooms of the resort hotel or motel may have a mini-bar that may be accessed only by a special key obtained from the hotel management by a patron that may be served alcoholic liquors without violating the provisions of Sections 5.08.260, 5.08.270 and 5.08.280 of this chapter. Class D-1 licenses shall authorize the sale of alcoholic liquors from one halfway house as described in Section 5.08.010 (M). Further, Class D-1 licenses shall authorize the sale of alcoholic liquors from two motorized food and beverage cars operating on the 18 hole golf course for consumption on said golf course only, subject to the following restrictions: All alcoholic liquors shall be served in other than glass containers; All cars shall only operate on designated golf cart paths; Class D-1 licenses shall have the same restrictions as Class B-3 licenses. Closing hours for Class D-1 licensees shall be as follows:
1.
Between the hours of 1:00 a.m. and 7:00 a.m. on Mondays;
2.
Between the hours of 2:00 a.m. and 7:00 a.m. on Tuesday through Friday;
3.
Between the hours of 3:00 a.m. and 7:00 a.m. on Saturdays;
4.Between the hours of 3:00 a.m. and noon on Sunday except that restaurants located at such resort hotel or motel shall be authorized to sell alcoholic liquors at retail after 10:00 A.M. on Sunday and before noon on Sunday, but only for consumption in the dining facilities of the licensee's restaurants in conjunction with and incidental to the purchase (for fair consideration) and consumption of a sit-down meal.
5.
The exception to the foregoing hours will be that on New Year's Day, January 1. it is lawful to keep open any premises where alcoholic liquors is permitted to be sold for consumption on the premises, between the hours of midnight, December 31. and 3:00 a.m. January 1.
The fees for Class D-1 shall be Four Thousand ($4,000) dollars per year.
D-2.
Class D-2 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises of any hotel or motel only, as described in Section 5.08.010 (D) in this chapter, such retail sale to be made by the person who operates the hotel or motel. Additionally, each of the residence rooms of the hotel or motel may have a mini-bar that may be accessed only by a special key obtained from the hotel management by a patron that may be served alcoholic liquors without violating the provisions of Sections 5.08.260, 5.08.270 and 5.08.280 of this chapter. The fee for a Class D-2 license shall be Two Thousand ($2,000) dollars per year.
D-3.
Class D-3 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises of any banquet hall in conjunction with the service to sit down meals. One or more portable or permanent bars are permitted, when the person who operates the banquet hall makes such retail sale of alcoholic liquor. The fee for a Class D-3 shall be Two Thousand ($2,000) dollars per year.
D-4.
Class D-4 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, of any club as described in Section 5.08.010 (C), provided, that such club shall have been in existence for at least six months prior to the filing of an application for a license under this chapter and shall have maintained clubrooms for such period of time immediately preceding the filing of its application. The fee for a Class D-4 license shall be One Thousand ($1,000) dollars per year.
D-5.
Class D-5 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only, of the theater premises located at 105 East Main St. The sale of alcoholic liquors shall be from one permanent location in the vestibule, one service bar in the balcony, and up to two other service bars as dictated by the event, provided, however, that unless employed by the licensee, no person under the age of 21 years shall be present on the premises during the exhibition of motion pictures for commercial profit while alcoholic liquor is being served. The fee for a Class D-5 license shall be Two Thousand ($2,000) dollars per year.
D-6.
Class D-6 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises only in conjunction with the operation of the Q Center, located on the premises at 1405 North Fifth Ave. In addition, the following restrictions shall apply: Alcoholic liquor may be sold only between the hours of 11:00 a.m. and 1:00 a.m. and further shall be limited to individuals and their guests who are participating in events under the direct control of the licensee. The license shall not be removed from the location at 1405 North Fifth Ave. without the approval of the City Council and the consent of the Local Liquor Control Commissioner. The fee for a Class D-6 license shall be Two Thousand ($2,000) dollars per year.
D-7.
Class D-7 licenses shall authorize the retail sale of alcoholic liquors for consumption on the premises located at 8 North 2nd Avenue only, further, such retail alcoholic liquor sales shall be limited to the lower floor clubroom and further such premises shall be as described in Section 5.08.010 (C), provided that such club shall have been in existence for at least six months prior to the filing of an application for a license under this chapter and shall have maintained clubrooms for such period of time immediately preceding the filing of its application. Alcoholic liquor sales shall be restricted to club members and their invited guests only, and for events sponsored by the licensee only. The fee for a Class D-7 license shall be five ($500) dollars per year.
Class E
– Temporary Licenses
E. Class E licenses shall authorize the retail sale of beer and wine (or alcoholic liquors if permitted by a Class E-1 license) for consumption on the premises only and only for special events or catered functions where the dispensing of food predominates. In his discretion, the Local Liquor Control Commissioner may issue two (2) or more Class E licenses so as to authorize and delineate two (2) or more licensed premises to operate in conjunction with any such special event or catered function.
In the event such license is for an out of doors special event or catered function, the following shall apply, in addition to all other requirements:
1. The licensee shall rope off or fence the licensed premises.
2. A sign limiting beer and wine (or alcoholic liquors if permitted by a Class E-1 license) consumption to the roped off or fenced area shall be prominently displayed by licensee at all times.
3. The license shall provide for the pickup of all litter and trash.
4. The Local Liquor Control Commissioner, in consultation with the Chief of Police, shall designate on each license issued the number of St. Charles police personnel and/or adult members of the licensee required to be present on the licensed premises at all times beer and wine (or alcoholic liquors if permitted by Class E-1 license) is being served, to supervise liquor sales and check identification of persons. The licensee shall be responsible for any and all compensation of police personnel at the then current overtime rate.
5. A tamper proof wrist band, of a design and in a color (a separate color must be used for each day) approved by the Chief of Police, or his designee, shall be placed on the wrist of each person eligible to purchase beer or wine (or alcoholic liquors if permitted by a Class E-1 license) prior to that person being given access to the licensed premises. Minors shall not be permitted in any licensed premises. Notwithstanding the foregoing, the Local Liquor Control Commissioner may, in his sole discretion and as designated in any license, permit minors to be present in a licensed premises where food is also served.
6. The Local Liquor Control Commissioner may, in his sole discretion and as designated in any license, impose such other and further conditions, as the Local Liquor Control Commissioner deems necessary.
Class E licensees shall obtain a separate permit or license from the Illinois Liquor Control Commission for each special event or catered function. Evidence of adequate dram shop insurance and liability insurance issued by an insurance carrier approved by the Local Liquor Control Commissioner shall accompany any application for a license. Class E licenses shall be additionally divided into the following sub-classes:
E-1. Notwithstanding any provision contained in this Section 5.08.080 (E) to the contrary, Class E-1 licenses shall authorize, at the Local Liquor Control Commissioner’s sole discretion, either the retail sale of beer and wine or the retail sale of alcoholic liquors for consumption on the premises only. Class E-1 licenses shall be issued to not for profit applicants only, for special events or catered functions, where the dispensing of food predominates. Applicants for Class E-1 licenses shall be limited to St. Charles organizations or groups, unless the Local Liquor Control Commissioner in his sole discretion approves otherwise. No organization or group shall be issued Class E-1 licenses for more than three (3) special events or catered functions within any calendar year. Closing hours for Class E-1 licenses shall be from 11:00 p.m. to 7:00 a.m.or as otherwise authorized by the City Council. No more than three (3) special events or catered functions shall receive Class E-1 licenses for any twenty-four (24) hour period. There shall be no Class E-1 licenses issued during the second full week of October, beginning 12:00 a.m. Friday and ending 12:00 a.m. Monday. The fee for a Class E-1 license shall be fifty ($50) dollars per day. The initial license fee of double the fee shall not be applicable. The City Council may, in its discretion, waive any Class E-1 license fees for events or functions where the City is the sponsor or cosponsor.
E-2. Class E-2 licenses shall authorize the retail sale of beer and wine for consumption on the premises only. Class E-2 licenses shall be issued to only Class B and Class C liquor licensees for special events or catered functions where the dispensing of food predominates. No Class B or C liquor licensees shall be issued Class E-2 licenses for more than three (3) special events or catered functions within any calendar year. Closing hours for Class E-2 licenses shall be midnight to noon. No more than three (3) special events or catered functions shall receive Class E-2 licenses for any twenty-four (24) hour period. There shall be no Class E-2 licenses issued during the second full week of October, beginning at 12:00 a.m. Friday and ending 12:00 a.m. Monday. The fee for a Class E-2 license shall be one hundred dollars ($100) per day. The initial license fee of double the fee shall not be applicable.
E-3 The Class E-3 license shall authorize the retail sale of beer and wine for consumption on the premises only. The Class E-3 license shall be issued solely to the Kane County Fair Board for the conduct of the annual Kane County Fair during July of each year. The Class E-3 license shall be valid only for the scheduled dates of the Kane County Fair as determined by the Local Liquor Control Commissioner. Closing hours for the Class E-3 license shall be the same as for Class E-1 licenses. The fee for the Class E-3 license shall be fifty dollars ($50) per day. The initial license fee of double the fee shall not be applicable.
(Ord. 2008-M-16 § 1; Ord. 2007-M-46 § 1; Ord. 2007-M-27 § 1; Ord, 2006-M-67 § 1; Ord. 2006-M-37 § 1; Ord. 2006-M-28 § 1; Ord. 2004-M-23 § 1; Ord. 2004-M-20 § 1; Ord. 2004-M-19 § 1; Ord. 2004-M-12 § 1; Ord. 2003-M-96 § 1; Ord. 2003-M-1 § 1; Ord. 2002-M-76 § 1; Ord. 2001-M-59 § 1; Ord. 2000-M-27 § 1; Ord. 1998-M-98 § 1; 1997-M-38 § 1 & 2; Ord. 1997-M-37 § 1; Ord. 1997-M-14 § 2; Ord. 1996-M-40 § 1; Ord. 1995-M-53 § 1; 1995-M-52 § 1; Ord. 1995-M-51 § 1; Ord. 1994-M-60 § 1; Ord. 1994-M-42 § 1; Ord. 1994-M-19 § 1; Ord. 1993-M-10 § 1; Ord. 1992-M-35 § 1; Ord. 1992-M-14 § 1; Ord. 1991-M-82 § 1; Ord. 1991-M-67 § 1; Ord. 1991-M-51 § 1; Ord. 1991-M-30 § 1; 1990-M-94 § 1 & 2; Ord. 1990-M-51 § 1; Ord. 1989-M-20 § 1; Ord. 1988-M-71 § 1; Ord. 1988-M-70 § 1; Ord. 1987-M-34 § 1; Ord. 1985-M-81 § 1; Ord. 1985-M-32 § 1; Ord. 1984-M-36 § 1; Ord. 1984-M-37 § 1 and 2; Ord. 1984-M-2 § 1; Ord. 1981-M-36 § 1; Ord. 1981-M-30 § 1; Ord. 1981-M-7 § 1; Ord. 1981-M-6 § 1; Ord. 1981-M-3 § 1; Ord. 1980-M-25 § 1(b), h); Ord. 1979-M-54 § 1(b); Ord. 1978-M-1 § 1; Ord. 1977-M-39 § 1; Ord. 1977-M-28 § 2; Ord. 1976-M-42 (part); Ord. 1976-M-5 (part): prior code § 24.029.)
5.08.090
License - Number to be issued.
There shall be issued no more than a maximum of twenty Class A, forty-eight Class B, ten Class C, and eight Class D licenses.
(Ord. 2008-M-65 § 1; Ord. 2008-M-18 § 1; Ord. 2008-M-12 § 1; Ord. 2006-M-23 § 1; Ord. 2004-M-74 § 1; Ord. 2004-M-72 § 1; Ord. 2004-M-60 § 1; Ord. 2004-M-50 § 1; Ord. 2004-M-30 § 1; Ord. 2004-M-12 § 1; Ord. 2003-M-89 § 1 ; Ord. 2003-M-86 § 1 ; Ord. 2003-M-69 § 1 ; Ord. 2003-M-57 § 1; Ord. 2003-M-47 § 1; Ord. 2003-M-35 § 1; Ord. 2002-M-89 § 1; Ord. 2002-M-85 § 1; Ord. 2002-M-77 § 1; Ord. 2002-M-23 § 1; Ord. 2001-M-47 § 1; Ord. 2001-M-16 § 1; Ord. 2001-M-1 § 1; Ord. 2000-M-100 § 1; Ord. 2000-M-82 § 1; Ord. 2000-M-78 § 1; Ord. 2000-M-23 § 1; Ord. 1998-M-66 § 1; Ord. 1998-M-45 § 1; Ord. 1997-M-120 § 1; 1997-M-109 § 1; 1997-M-97 § 1; 1997-M-88 § 1; 1997-M-81 § 1; 1997-M-38 § 3; 1997-M-14 § 1; 1997-M-13 § 1; 1996-M-61 § 1; 1996-M-39 § 1; 1995-M-53 § 4; 1995-M-11 § 1; 1993-M-29 § 1; 1992-M-40 § 1; 1992-M-35 § 2; 1991-M-70 § 1; 1991-M-51 § 2; 1991-M-30 § 2; 1991-M-16 § 1; 1991-M-8 § 1; 1991-M-8 § 1; 1990-M-94 § 3; 1990-M-51 § 1; 1989-M-61 § 1; 1989-M-20 § 2; 1988-M-74 § 1; 1984-M-34 § 2; 1984-M-37 § 3; 1982-M-23 § 1; 1982-M-18 § 1; 1981-M-30 § 1; 1981-M-7 § 2; 1980-M-49 § 1; 1979-M-54 § 1(c); 1979-M-14 § 1; 1978-M-36 § 1; 1978-M-11 § 1; 1977-M-41; 1977-M-3; 1976-M-10; 1976-M-9; 1976-M-5: prior code § 24.030.)
5.08.100
License - Term.
Each license
issued under this chapter shall terminate on April 30 following the date
of issuance. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part): prior code
§ 24.006.)
5.08.110
License - Recordkeeping by City Clerk.
The City
Clerk shall keep a complete record of all such licenses issued and shall
furnish the Chief of Police with a copy thereof. Upon revocation or suspension
of any license, the City Clerk shall immediately give written notice thereof
to the Chief of Police. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part):
prior code § 24.007.)
5.08.120
License - Transferability.
A. A license
shall be a purely personal privilege, good for a period not to exceed
April 30 following issuance, unless sooner revoked as provided in this
chapter, 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 cease upon the death of the licensee, and shall not
descend by the laws of testate or intestate devolution; 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 the order of the appropriate court,
and may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the death, bankruptcy or insolvency of such licensee.
B. When
the licensee is a corporation, the license shall terminate whenever fifty
percent or more of the ownership interest therein changes from that shown
on the original license application. In such event, the corporation, through
its officers, must make applications for the issuance of a new license
as provided herein; provided, however, that the provisions of this subsection
shall not apply where the transfer of an ownership interest is made to
an owner shown on the original license application who owned fifty percent
or more of the ownership interest of such corporation at the time the
original application was filed with the City.
(Ord. 2004-M-12
§ 1; Ord. 1980-M-25 § 1(c); Ord. 1976-M-5 (part): prior code
§ 24.009.)
5.08.130
License - Renewal.
Any licensee
may renew his license at the expiration thereof; provided, that he is
then qualified to receive a license and the premises for which such renewal
license is sought are suitable for such purpose; provided further, that
the renewal privilege provided for in this section shall not be construed
as a vested right which shall in any case prevent the City Council from
decreasing the number of licenses to be issued within the City. (Ord.
2004-M-12 § 1; Ord. 1976-M-5 (part): prior code § 24.012.)
5.08.140
License - Revocation or suspension - Hearing procedure.
A. The Local Liquor Control Commissioner may, in accordance with the law and the provisions of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), as amended, revoke or suspend any license issued under his or her authority if he or she determines that the licensee has violated any of the provisions of said Act or of any ordinance or resolution enacted by the corporate authorities of the City or any applicable rule or regulation established by the Local Liquor Control Commissioner or the Illinois Liquor Control Commission which is not inconsistent with law. In addition to or in lieu of a suspension, the Local Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed One Thousand ($1,000) Dollars for a first violation within a twelve (12) month period, One Thousand Five Hundred ($1,500) Dollars for a second violation within a twelve (12) month period, and Two Thousand Five Hundred ($2,500) Dollars for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than Fifteen Thousand ($15,000) Dollars in fines under this section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the City Treasury. However, no such license shall be so revoked or suspended and no license shall be fined except after a public hearing by the Local Liquor Control Commissioner with a three-day written notice to the licensee, affording the licensee an opportunity to appear and defend.
Further, in the event that the Local Liquor Control Commissioner shall find a licensee guilty of violating any provision of this chapter, he or she may order the licensee to pay to the City the following: 1) reasonable attorney's fees incurred by the City, the Chief of Police and the Local Liquor Control Commissioner; and 2) reasonable costs, including but not limited to the costs of court reporter fees and witness fees incurred by reason of the hearing.
B. If the
local Liquor Control Commissioner has reason to believe that any continued
operation of a particular licensed premises will immediately threaten
the welfare of the community, he or she may, upon the issuance of a written
order stating the reason for such conclusions and without notice of hearing,
order the licensed premises closed for not more than seven days, giving
the licensee an opportunity to be heard during that period; except, if
the licensee is also engaged in another business on the licensed premises,
such order shall not be applicable to such other business.
C. The Local
Liquor Control Commissioner shall within five (5) days after such hearing,
if he or she determines after such hearing that the license should be
revoked or suspended, state the reason for such determination in a written
order of revocation or suspension and serve a copy of such order within
the five (5) days upon the licensee.
D. Review
of decisions of the Local Liquor Control Commissioner shall be as provided
for in Section 5/7-9 of Chapter 235 of the Illinois Compiled Statutes.
(Ord. 2007-M-72 § 1; Ord. 2004-M-12
§ 1; Ord. 2001-M-23 § 1; Ord. 1995-M-53 § 7; Ord. 1976-M-5
(part): prior code § 24.003(B).)
5.08.150
List of licenses and revocations.
The Local
Liquor Control Commissioner shall keep or cause to be kept a complete
record of all licenses issued by him and shall furnish the clerk, treasurer
and Chief of Police a copy thereof; upon the issuance of any new license,
or the revocation of any old license, the Local Liquor Control Commissioner
shall give written notice of such action to each of said officers, and
in case of revocation a written notice shall be given to the licensee
whose license has been revoked. All notices provided for in this section
shall be given forty-eight (48) hours from the time of any such action
or actions. Notice shall also be given to the Illinois Liquor Control
Commission of the revocation of any and all such licenses. (Ord. 2004-M-12
§ 1; Ord. 1976-M-5 (part): prior code § 24.035.)
5.08.160
Forfeiture of fees upon license revocation.
Whenever
any license under this chapter has been revoked, as provided for in this
chapter, the license shall incur a forfeiture of all moneys that have
been paid for said license. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part):
prior code § 24.025.)
5.08.170
Licensed premises - Use after revocation of license.
When any
license has been revoked for any cause, no license shall be granted to
said licensee for the period of one year thereafter for the conduct of
the business of manufacturing, distributing or selling alcoholic liquor
in the premises described in such revoked license. (Ord. 2004-M-12 §
1; Ord. 1976-M-5 (part): prior code § 24.026.)
5.08.180
Licensed premises - Display of license required.
Every licensee
shall cause his license to be framed and hung in plain view in a conspicuous
place on the licensed premises. (Ord. 2004-M-12 § 1; Ord. 1976-M-5
(part): prior code § 24.028.)
5.08.190
Licensed premises - Warning to minors.
Every licensee
shall display at all times a printed sign, which shall read substantially
as follows:
WARNING
TO MINORS
You are subject to a fine of up to five hundred ($500) dollars under
the Ordinances of the City of St. Charles if you purchase alcoholic
liquor or misrepresent your age for the purpose of purchasing or obtaining
alcoholic liquor.
(Ord. 2004-M-12
§ 1; Ord. 2003-M-95 § 1; Ord. 1976-M-5 (part): prior code §
24.031.)
5.08.210
Licensed premises - Sanitary conditions required.
All premises
used for the retail sale of alcoholic liquor, or for the storage of such
alcoholic liquor for sale, shall be kept in full compliance with the ordinances
regulating the condition of premises used for the storage or sale of food
for human consumption. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part):
prior code § 24.014.)
5.08.220
Licensed premises - Employing persons afflicted with disease prohibited.
Removed
in its entirety. (Ord. 2004-M-24 § 1; Ord. 2004-M-12 § 1; Ord.
1976-M-5 (part): prior code § 24.015.)
5.08.230
Licensed premises - Change in personnel.
A. Any
changes in partnerships, officers, directors, persons holding directly
or beneficially more than five percent of the stock or ownership interest,
or managers of establishments licensed under this chapter, shall be
reported in writing to the Local Liquor Control Commissioner within
ten days of the change. All new personnel shall meet all the standards
of this chapter and must otherwise qualify to hold a liquor license.
All such changes in personnel shall be subject to review by the Local
Liquor Control Commissioner within thirty days of the change.
B. When
a license has been issued to a partnership and a change of ownership
occurs resulting in a partnership interest by one who is not eligible
to hold a liquor license, said license shall terminate.
C. When
a license has been issued to a corporation and a change takes place
in officers, directors, managers, or shareholders of more than five
percent of the stock, resulting in the holding of office or such shares
of stock by one who is not eligible for a license, said license shall
terminate.
D. When
a license has been issued to an individual who is no longer eligible
for a license, said license shall terminate.
E. Owner
and manager in charge of an alcoholic liquor licensed establishment
shall at all times be declared with such person or person’s names
being on record with the Local Liquor Control Commissioner and Chief
of Police.
(Ord. 2004-M-12
§ 1; Ord. 1980-M-25 § 1(e); Ord. 1976-M-5 (part): prior code
§ 24.010.)
5.08.240
Licensed premises - Change of location.
A license
issued under this chapter shall permit the sale of alcoholic liquor only
in the premises described in the application and license. Such location
may be changed only when and upon the written permit to make such change
is issued by the Local Liquor Control Commissioner. No change of location
shall be permitted unless the proposed new location is in compliance with
the provisions and regulations of this chapter. (Ord. 2004-M-12 §
1; Ord. 1976-M-5 (part): prior code § 24.011.)
5.08.250
Licensed premises - Location restrictions.
No license
shall be issued for the sale at retail of any alcoholic liquor within
100 feet of any church, school other than an institution of higher learning,
hospital, home for aged or indigent persons or for veterans, their spouses
or children or any military or naval station, provided, that this prohibition
shall not apply to hotels offering restaurant service, regularly organized
clubs, or to restaurants, food shops or other places where sale of alcoholic
liquors is not the principal business carried on, if such place of business
so exempted shall have been established for such purposes prior to the
effective date of the ordinance codified in this chapter; nor to the renewal
of a license for the sale at retail of alcoholic liquor on premises within
100 feet of any church or school where such church or school has been
established within such 100 feet since the issuance of the original license.
In the case of a church, the distance of 100 feet shall be measured to
the nearest part of any building used for worship services or education
programs and not to property boundaries.
Nothing
in this section shall prohibit the issuance of a license to a church or
private school to sell at retail alcoholic liquor if any such sales are
limited to periods when groups are assembled on the premises solely for
the promotion of some common object other than the sale or consumption
of alcoholic liquors.
(Ord. 2004-M-12
§ 1; Ord. 1990-M-69 § 1; Ord. 1976-M-5 (part): prior code §
24.016.)
5.08.260
Stores selling school supplies or food to minors - License issuance
prohibited.
No license
shall be issued to any person for the sale of any alcoholic liquor at
any store or other place of business where the majority of customers are
minors of school age or where the principal business transacted consists
of school books, school supplies, food, lunches, or drinks for such minors.
(Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part): prior code § 24.017.)
5.08.270
Sales to minors, habitual drunkards and mental incompetents.
A. No
licensee or officer, associate, member, representative, agent or employee
of such licensee shall sell, give or deliver alcoholic liquor to any
person under the age of twenty-one years, or to any intoxicated person,
or to any person known by him to be an habitual drunkard, insane, mentally
ill, mentally deficient or in need of mental treatment. No person after
purchasing or otherwise obtaining alcoholic liquor shall sell, give
or deliver such alcoholic liquor to another person under the age of
twenty-one years except in the performance of a religious ceremony or
service. It is unlawful for any person to misrepresent his or her age
for the purpose of purchasing or obtaining alcoholic liquor in any place
in the City where alcoholic liquor is sold.
B. It
is unlawful for any holder of a liquor license, or his or her agent
or employee, to suffer or permit any minor to be or remain in any room
or any compartment adjoining or adjacent to or situated in the room
or place where such licensed premise is located; provided, that this
subsection shall not apply to any minor who is accompanied by his or
her agent or guardian or:
1. That
portion of any licensed premise which derives its principal business
from the sale of service or commodities other than alcoholic liquor;
or
2. Any
public place that engages in the retail sale of alcoholic liquors
for consumption on the premises where the sale and consumption of
food predominates the sale and consumption of alcoholic liquor; or
3. A
picnic, bazaar, fair, festival, wedding or similar assembly where
food is dispensed and only where the dispensing of food predominates
for a period from 12:00 noon to midnight and subject to the other
applicable provisions as set forth in this Code; or
4. Any
licensed premise which, for a period of at least 30 minutes prior
to the admission of minors and for at least 30 minutes after the departure
of minors, does not dispense or sell any alcoholic liquor to any person
on the premise.
C. In
addition to all other fines and penalties, the Local Liquor Control
Commissioner may suspend or revoke the liquor dealer's license for any
violation of Subsection C of this section.
D. It
is unlawful for any parent or guardian to knowingly permit any minor
child of whom he or she is parent or guardian to violate any provisions
of this section.
E. It
is unlawful for any minor to tend bar.
F. It
is unlawful for any minor to draw, pour or mix any alcoholic liquor
in any licensed retail premises.
G. Effective
May 1, 2004, it shall be the duty of every licensee to require their
officers, associates, members, representatives, agents or employees
who sell, give or deliver alcoholic liquor or beverages to be trained
and certified by the Beverage Alcohol Sellers and Servers Education
and Training program (BASSET) licensed and administered by the State
of Illinois Liquor Control Commission (ILCC). Further, BASSET training
and certification shall be a prerequisite to the issuance of liquor
licenses issued by the Liquor Commission effective May 1, 2004. It shall
be the duty of the City of St. Charles Liquor Commission to notify all
present licensed holders and persons making application for a liquor
license of this requirement.
Any not-for-profit
corporation who applies for a Class E temporary license shall be exempt
from the BASSET training and certification requirements under the following
conditions:
1. That
the applicant has not been found in violation of any of the ordinances
of the City of St. Charles within the past three years;
2. That
a minimum of two uniformed St. Charles peace officers are present during
all times that alcohol is being served;
3. That
at least one representative of the applicant organization is BASSET
trained and certified;
4. That
the BASSET certified representative provide and instruct BASSET training
principles to all persons who will be serving alcohol pursuant to the
Class E license.
5. That the Class E license holder is required to provide a bond, letter
of credit or some type of surety to the City in the amount of $1,000
prior to issuance of the license. The surety will be returned to the
license holder within 30 days after the event, provided no offenses
occurred during the event. In the event the license holder is charged
with any type of violation during the course of the event, the surety
will be retained by the City and used to cover hearing and other related
costs.
(Ord. 2004-M-44
§ 1 ; Ord. 2004-M-12 § 1; Ord. 2003-M-97 § 1; Ord. 2001-M-56
§ 1; Ord. 1980-M-25 § 1(f).)
5.08.280
Sales to and possession by persons under 21, intoxicated person, persons
under legal disability or in need of mental treatment -Proof of identity
and age - Gatherings where one or more persons are under 18.
A. No
licensee nor any officer, associate, member, representative, agent or
employee of such licensee shall sell, give or deliver alcoholic liquor
to any person under the age of twenty-one (21) years, or to any intoxicated
person or to any person known by him or her to be under legal disability
or in need of mental treatment.
B. No
person, after purchasing or otherwise obtaining alcoholic liquor, shall
sell, give or deliver such alcoholic liquor to another person under
the age of twenty-one (21) years, except in the performance of a religious
ceremony or service.
C. For
the purpose of preventing the violation of this section, any licensee,
or his agent or employee, may refuse to sell or serve alcoholic liquor
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 twenty-one
(21) years.
D. Adequate
written evidence of age and identity of the person is a document issued
by a federal, state, county, or municipal government, or the 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 proceeding to enforce this section or to
any proceedings for the suspension or revocation of any license based
thereon.
E. No
person shall sell, give, or furnish to any person under the age of twenty-one
(21) years any false or fraudulent written, printed, or photostatted
evidence of the age and identity of such person nor shall anyone sell,
give or furnish to any person under the age of twenty-one (21) years
evidence of age and identification of any other person.
F. No
person under the age of twenty-one (21) years shall present or offer
to any licensee, his agent or employee, any written, printed, or photostatted
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 liquor, nor shall any person have in his possession any false
or fraudulent written, printed, or photostatted evidence of age and
identity.
G. No
person under the age of twenty-one (21) years shall have any alcoholic
liquor in his possession nor shall any such person consume any alcoholic
liquor. This section does not apply to possession by a person under
the age of twenty-one (21) years or consumption in the performance of
a religious ceremony or service.
H. No
person shall knowingly permit gathering at a residence, which he or
she occupies, of two or more persons where any one or more of the persons
is under eighteen (18) years of age and the following factors also apply:
1. the
person occupying the residence knows that any such person under the
age of eighteen (18) years is in possession of or is consuming any
alcoholic liquor; and
2. the
possession or consumption of alcoholic liquor by the person under
eighteen (18) years is not otherwise permitted by the St. Charles
Municipal Code; and
3. the
person occupying the residence knows that the person under the age
of eighteen (18) years leaves the residence in an intoxicated condition.
For the
purposes of this subsection (H) where the residence has an owner and
a tenant or lessee, there is a refutable presumption that the residence
is occupied only by the tenant or lessee.
(Ord. 2004-M-12
§ 1; Ord. 1995-M-1 § 1; Ord. 1988-M-14 § 1; Ord. 1987-M-81
§ 1; Ord. 1980-M-25 § 1(g); Ord. 1976-M-5 (part): prior code
§ 24.020)
5.08.285
Responsibility of the owner or occupant of premises.
Except
under the direct supervision and approval of the parents or parent, it
is unlawful for any owner or occupant of any premises located within the
City to knowingly allow a person under the age of twenty-one (21) years
to remain on such premise while in the possession of alcoholic liquor
or while consuming alcoholic liquors in violation of the St. Charles Municipal
Code. (Ord. 2004-M-12 § 1; Ord. 1995-M-1 § 1; Ord. 1982-M-48
§ 1.)
5.08.290
Gambling on licensed premises prohibited.
It is unlawful
to permit any gambling except as may be authorized by the state on any
premises licensed to sell alcoholic liquor. (Ord. 2004-M-12 § 1;
Ord. 1976-M-5 (part): prior code § 24.021.)
5.08.300
Refilling original packages.
No person
licensed under this chapter shall fill or refill, in whole or in part,
any original package of alcoholic liquor with the same or any other kind
or quality of alcoholic liquor; and it is unlawful for any person to have
in his possession for sale at retail any bottles, casks, or other containers
containing alcoholic liquor, except in original packages. (Ord. 2004-M-12
§ 1; Ord. 1976-M-5 (part): prior code § 24.022.)
5.08.310
Solicitation on licensed premises prohibited.
It is unlawful
for any licensee, his manager, or other person in charge of any licensed
premises where alcoholic liquor is sold or offered for sale for consumption
thereon, to engage, employ or permit the engagement or employment of any
person, nor shall any person be permitted to remain on said premises,
who shall solicit any patron or customer thereof to purchase alcoholic
or non-alcoholic liquor for said person, or any other person therein;
nor shall any female, whether employee, entertainer, or otherwise, solicit
any patron or customer therein to purchase alcoholic or non-alcoholic
liquor for herself or himself or any other person therein; provided, however,
that nothing contained in this section shall prohibit any adult manager,
bartender or waitress who shall be regularly employed therein from accepting
and serving the order of a patron or customer in the regular course of
employment as such manager or waitress. (Ord. 2004-M-12 § 1; Ord.
1976-M-5 (part): prior code § 24.023.)
5.08.320
Quantity sales for on premises consumption.
It is unlawful
for any licensee, other than a hotel offering restaurant service or regularly
organized club or restaurant within the meaning of that term as defined
in the Illinois act entitled "An Act Relating to Alcoholic Liquors,"
approved January 31, 1934, as amended, to sell, give away or permit to
be sold, served or given away for consumption on the licensed premises
any distilled spirits, except by the glass in individual servings not
exceeding thirteen fluid ounces. (Ord. 2004-M-12 § 1; Ord. 1976-M-5
(part): prior code § 24.024.)
5.08.330
Election days.
Licensees
may sell at retail any alcoholic liquor on the day of any national, state,
county or municipal election, including primary election, including hours
the polls are open, within the political area in which such election is
being held. (Ord. 2004-M-12 § 1; Ord. 1976-M-5 (part): prior code
§ 24.018.)
5.08.340
Minors Prohibited from Serving Alcoholic Liquor.
No licensee
under the provisions of this chapter, either individually or through agents
or employees shall permit any employee or other person under the age of
twenty-one (21) years to pour, mix, or sell any alcoholic liquors. Licensees,
agents or employees are further prohibited from permitting wait staff
younger than 16 years to serve alcoholic liquors. (Ord. 2004-M-43 §
1; Ord. 2004-M-12 § 1.)
5.08.350
Happy hour regulations.
No licensee shall violate the “happy hour” regulations set forth in 235 ILCS 5/6-28, as amended from time to time. Notwithstanding the foregoing, the following further and more restrictive prohibitions shall apply to all licensees:
- No licensee, employee or agent shall serve more than one (1) drink of alcoholic liquor at one (1) time to one (1) person for consumption by that one (1) person.
- No licensee, employee or agent shall serve more than two (2) drinks of alcoholic liquor at one (1) time to one (1) person for consumption by that one (1) person and one (1) other person; and
- No licensee, employee or agent shall serve more than two (2) drinks of alcoholic liquor at one (1) time to one (1) person for consumption by that one (1) person and two (2) or more other persons.
(Ord. 2008-M-16 § 2; Ord. 2004-M-12 § 1.)
5.08.355
After hour occupancy of establishment.
A. It
is unlawful for any person to sell or offer for sale, at retail, or
to give away, in or upon any licensed premises, any alcoholic liquor
during the hours in which sale of such alcoholic liquors is prohibited.
It is 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 in which sale of such alcoholic
liquor is prohibited. Establishments at which the primary purpose of
the premises shall be for retail sales other than the sale of alcoholic
liquors, such as food store, drug store mass merchandiser, clubs, hotels
and motels may remain open for business during such hours, but no alcoholic
liquor may be sold or consumed during such hours. The licensee and any
of its employees and no other persons shall be allowed to remain on
or about the licensed premises to clean up or perform maintenance on
the premises.
B. All
premises in which alcoholic liquors are sold at retail for consumption
on the premises and which are located below ground level shall have
visible access to the interior for purposes of police inspection and
the after hours safety of the occupants. Such visible access may be
through an exterior door with a window measuring not less than eight
inches by eight inches.
C. It is unlawful for any person to consume any alcoholic liquor on
any premises licensed under the provisions of this chapter during the
hours when the sale of such alcoholic liquor is prohibited by ordinance.
(Ord. 2004-M-12
§ 1 ; Ord. 2000-M-104 § 1; Ord. 1995-M-53 § 5 & 6;
Ord. 1995-M-22 § 1; Ord. 1988-M-73 § 1; Ord. 1988-M-72 §
1; Ord. 1987-M-34 § 2; Ord. 1986-M-32 § 1; Ord. 1985-M-32 §
2; Ord. 1984-M-69 § 1; Ord. 1984-M-36 § 3; Ord. 1984-M-37 §
4; Ord. 1982-M-49 § 1; Ord. 1976-M-42 (part); Ord. 1976-M-14 §
2; Ord. 1976-M-5 (part): prior code § 24.033 & 24.034.)
5.08.360
Harboring intoxicated persons or employing minors prohibited.
No licensee
under the provisions of this chapter, either individually or through agents
or employees, shall harbor or permit any intoxicated person or persons
to loiter on the premises, or to permit any conduct, which shall tend
to disturb the peace and quiet of the neighborhood. (Ord. 2004-M-12 §
1; Ord. 1976-M-5 (part): prior code § 24.036.)
5.08.370
Peddling liquor in city prohibited.
It is unlawful
to peddle alcoholic liquor in the City. (Ord. 2004-M-12 § 1; Ord.
1976-M-5 (part): prior code § 24.013.)
5.08.380
Possession of alcoholic liquor in motor vehicle.
No person
shall transport, carry, possess or have any alcoholic liquor within the
passenger area of any motor vehicle, except in the original package and
with the seal unbroken. (Ord. 2004-M-12 § 1; Ord. 1976-M-5(part):
prior code § 24.027.)
5.08.390
Consumption and possession of alcoholic liquor on public property.
It is unlawful for any person to sell, deliver, consume or possess, except in original packages with seals unbroken, any alcoholic liquor upon any streets, sidewalk, alley or other public right-of-way and City property. However, upon approval of the City Council and the consent of the Local Liquor Control Commissioner, this section shall not apply to the premises of a Class E license issued pursuant to this chapter. Notwithstanding the foregoing, the sale, delivery, consumption and possession of alcoholic liquor is expressly permitted on the following public premises, provided that there is a current license issued pursuant to this chapter:
Za Za's; Sale, Delivery, Consumption and Possession: Pursuant to the authority granted by Section 6-15 of the Liquor Control Act, alcoholic liquor may be sold, delivered, consumed and possessed on the public premises known as Za Za's, 5 South First Street, St. Charles, Illinois. All such sales, deliveries, consumption and possession of alcoholic liquor shall in all respects be in conformance with the class of license held.
Any person violating this section shall be fined seventy-five dollars ($75.00) for the first offense and two hundred dollars ($200.00) for each subsequent offense.
(Ord. 2008-M-43 § 1; Ord. 2007-M-75 § 1; Ord. 2004-M-12 § 1; Ord. 1982-M-62 § 1; Ord. 1976-M-5 (part): prior code § 24.039.)
5.08.400
Violation - Penalty.
Any person,
firm, or corporation violating any provision of this chapter shall, upon
conviction, be fined not less than twenty-five ($25) dollars nor more
than five hundred ($500) dollars for each offense; and a separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues. (Ord. 2004-M-12 § 1; Ord. 1982-M-62 § 2.) |
