§ 110.01 PURPOSE.
This chapter shall be construed to the end that health, safety and welfare of the people of the city shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted by sound, careful, control and regulation of the sale and distribution of alcoholic liquors.
(Ord. 658, passed 12-18-95)
§ 110.02 DEFINITIONS.
Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following definitions.
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
WINE. Any alcohol 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, as above defined.
BEER. 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, light beer and the like.
ALCOHOLIC LIQUOR. The four varieties of liquor above defined ALCOHOL, SPIRITS, WINE and BEER and every liquid or solid, patented, or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol, nor to any liquid or solid containing one-half of one percent or less of alcohol by volume. Nor shall the provisions of this chapter apply to flavoring extracts, concentrates, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not to apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
RETAILER. A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SELL AT RETAIL and SALE AT RETAIL. Refer to and mean sales for use or consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner, or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
TO SELL. Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
PACKAGE SALES. The sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed or in fact consumed in whole or in part on the premises where sold.
CONSUMPTION SALES. The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.
RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
OWNER or PROPRIETOR. Includes all persons who are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partners, corporations, joint stock companies, fiduciaries or officers, directors, stockholders, or corporations or otherwise.
LICENSED PREMISES. The premises described in the applications for the license, or in the license, as the place where the business to be covered or covered by the license is to be, or is, carried on.
APPROPRIATE REDUCTION OF THE LICENSE FEE. A prorated charge for the license dated from the first of the month in which the license is to be issued.
LICENSE. A written or printed permit issued by the Local Liquor Control Commission, to engage in the retail sale of alcoholic liquor.
(Ord. 658, passed 12-18-95)
LICENSING REQUIREMENTS
§ 110.15 LICENSES REQUIRED.
No person shall sell at retail or have in his possession and offer for sale at retail liquor within the corporate limits of the city without having first obtained a license or permit so to do as provided in this chapter.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
§ 110.16 RETAILER’S LICENSES; CLASSES AND FEES.
Licenses to sell alcoholic liquors shall be and are hereby divided into six classes, to-wit:
(A) (1) Class A licenses, which shall authorize the retail sale on the licensed premises specified, of alcoholic liquor for consumption on the licensed premises as well as package sales of such alcoholic liquor. The semiannual fee for such licenses shall be $500.
(2) Class A1 licenses, which shall authorize the retail sale on the licensed premises specified, of alcoholic liquor for consumption on the licensed premises without the package sales of such alcoholic liquor. The semiannual fee for such licenses shall be $400. In addition to the foregoing, a Class A licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell alcoholic liquor on Sundays as set forth in § 110.40(E).
(B) Class B licenses, which shall authorize the retail sale of alcoholic liquor in the original package as package sales not for consumption on the license premises. The semiannual fee for such licenses shall be $200. In addition to the foregoing, a Class F licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell alcoholic liquor on Sundays as set forth in § 110.40(F).
(C) Class C licenses, which shall authorize the retail sale of alcoholic liquor in the original package as package sales not for consumption on the licensed premises of beer and wine. The semiannual fee for such licenses shall be $150. In addition to the foregoing, a Class C licensee may purchase a Sunday sales optional for the additional semiannual fee of $50 which option shall allow the licensee the right to sell beer and wine on Sundays as set forth in § 110.40(F).
(D) Class D licenses, which shall authorize the retail sale of alcoholic liquor on the licensed premises by organizations of war veterans or social clubs, social clubs to be eligible for this class of license must be duly organized under the General Not-for-Profit Corporation Act of the state for the recreation of its members. The semiannual fee for such licenses shall be $50.
(E) Class E licenses, which shall authorize the retail sale of beer and wine by a general not-for-profit corporation, for consumption only at races, fairs, sporting events and expositions within a building, tent or fenced-in area. The owner, lessee or renter entity shall allow no beer, wine or other liquor to be brought onto the premises other than beer and wine to be sold by a licensed entity. The semiannual fee for such licenses shall be $50.
(F) Class F licenses, which shall authorize the retail sale of alcoholic liquor by the drink and not in package, for consumption only on the licensed premises where it is sold. To be eligible for this class of license, the licensee must be the owner or proprietor of a restaurant, as defined in § 110.02. It shall be unlawful for a Class F licensee to sell or offer for sale at retail any alcoholic liquor except with meals. The licensee shall only be qualified to hold or renew a Class F license, if the sale of alcoholic liquor is not the principal business of the restaurant, constituting more that 50% of the gross receipts of the restaurant business. The semiannual fee for such licenses shall be $200. In addition to the foregoing, a Class F licensee may purchase a Sunday sales option for the additional semiannual fee of $50, which option shall allow the licensee the right to sell beer and wine on Sundays as set forth in § 110.40(G).
(Ord. 658, passed 12-18-95; Am. Ord. 774, passed 10-21-02; Am. Ord. 778, passed 5-5-03; Am. Ord. 793, passed 1-5-04)
§ 110.17 SEPARATE APPLICATIONS; SEMI-ANNUAL PAYMENT OF FEES.
(A) Separate applications must be filed for separate classes of licenses by any applicant desiring to carry on more than one licensed business and a separate license must be obtained for each location by any applicant desiring to carry on a licensed business at more than one location.
(B) All licenses issued under the provisions of this chapter shall terminate on the 30th day of April or the 31st day of October next following the date of issuance, whichever shall first occur, providing that when application is made after the expiration of any portion of any license period, a license may be issued for the remainder thereof, and there shall be a proportionate reduction of the license fee. A license shall also be subject to termination by the Local Liquor Control Commissioner, upon the discontinuation of active, regular business by the licensee. All license fees are payable at the time the application is submitted, semi-annually as herein set forth.
(Ord. 658, passed 12-18-95)
§ 110.18 APPLICATION FOR LICENSE.
Any person desiring a license under this chapter shall make sworn, written application to the City Clerk upon blanks prepared and furnished by the city. Each applicant shall furnish the following information in answer to a questionnaire accompanying such application:
(A) The name, business and residence address of applicant.
(B) That he or she is a citizen of the United States.
(C) His or her place of birth and if a naturalized citizen, the time and place of naturalization.
(D) That he or she has never been convicted of a felony.
(E) That he or she has never been convicted of being a keeper of a house of ill-fame, of pandering of any other crime or misdemeanor opposed to decency or morality.
(F) That he or she is not, at the time of making the application connected with a house of ill-fame.
(G) That a license issued to him or her under this chapter has not been revoked or suspended.
(H) The location where he or she proposed to engage in the business for which the application was submitted, and whether or not the proposed location is within 100 feet of any church or school.
(I) The type of business to be carried on, and the date such business was established.
(J) Whether food for human consumption is to be sold in such place of business, if such application is allowed.
(K) Whether alcoholic liquor will be sold or delivered outside of any building or structure on said premises.
(L) Whether applicant owns the premises for which a license is sought and, if he or she does not, the name of his or her landlord and the period of the lease.
(M) The business or businesses in which applicant has been engaged for the last five years proceeding the filing of such application.
(N) That applicant agrees not to violate any ordinance of the city or any law of the United States or of the state in the conduct of his or her business and that in the event such promise is broken or in the event any statement contained in such application is not true, the license applied for may be immediately suspended or revoked.
(O) An applicant for any license shall be required to show satisfactory evidence that he or she is of good moral character, that he or she is a bona fide resident of the Township of Santa Anna, County of DeWitt and State of Illinois and has been so for at least 90 days prior to the date of his or her application for a license when filed with the office of the City Clerk.
(P) All partners must sign the application, if the applicant is a partnership. All corporate officers must sign and indicate their official position on the application, if the applicant is a for profit corporation. If the applicant is a not-for-profit corporation, the President and Secretary, or persons serving in those respective capacities, must sign and indicate their official position on the application. If the applicant is a corporation, the principal place of business must be in compliance with residency in Santa Anna Township, DeWitt County, Illinois and the application must include the name and address of its registered agent. The information requested in the application questionnaire must be furnished as to each party signing the application in cases of partnerships or corporations.
(Q) The applicant must provide proof of Dram Shop insurance coverage in accordance with the laws of the State of Illinois by delivering a copy of the current insurance policy at the time of filing of the application.
(Ord. 658, passed 12-18-95)
§ 110.19 RESTRICTION ON LICENSES.
No such license shall be issued to:
(A) A person who is not a resident of Santa Anna Township, DeWitt County, Illinois to the extent required and allowed by ILCS Chapter 235, Act 5, § 6-2;
(B) A person who is not of good character and reputation in the community in which he or she resides;
(C) A person who is not a resident of the United States;
(D) A person who has been convicted of a felony;
(E) A person who has been convicted of being the keeper of a house of ill-fame or who is keeping a house of ill-fame;
(F) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(G) A person whose license issued under this chapter has been revoked;
(H) 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;
(I) A partnership, unless all of the members of such partnership would be qualified to obtain a license;
(J) A corporation, if any officer, manager, or director thereof, or any stockholders owning in the aggregate more the 5% of the stock of such corporation, would not be eligible to receive a license hereunder;
(K) A person who has been convicted of a violation of any state or federal law concerning the manufacture, possession or sale of alcoholic liquor or who shall have forfeited his or her bond to appear in court to answer charges for any such violation;
(L) A person who does not own or lease the premises for which a license is sought for the period of the license;
(M) Any law enforcing public official, any mayor, alderman, or member of the City Council;
(N) Any person, partnership, or corporation not eligible for a state retail liquor dealer’s license;
(O) Any person, partnership, or corporation not paid up to date for all city taxes and utilities as of the date of application.
(Ord. 658, passed 12-18-95)
§ 110.20 RENEWAL OF LICENSES.
Applications for renewal of licenses shall be filed with the City Clerk on or before the first Monday of April and the first Monday of October each year. The City Clerk shall report the names of all applicants for renewal of licenses to the Mayor and City Council at the second regular meeting of the City Council in April and October of such year, together with the location of the places of business of such applicants, the amount of license fees payable upon the renewal of such licenses, and whether or not any written complaint has been filed as to the manner in which the applicant has carried on the business authorized thereby.
(Ord. 658, passed 12-18-95)
§ 110.21 BOND.
Except where otherwise provided herein, each person desiring a license shall execute a penal bond in form and with security satisfactory to the Mayor, conditioned upon the faithful observance and performance of all the provisions of the Laws of the State of Illinois and of this chapter. Such bond shall be in the sum of $2,000 and shall, upon approval, be filed in the office of the City Clerk.
(Ord. 658, passed 12-18-95)
§ 110.22 POSTING LICENSE.
Every licensee shall cause his or her license or licenses to be displayed in plain view in a conspicuous place on the licensed premises.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
§ 110.23 SUSPENSION OR REVOCATION OF LICENSE BY MAYOR.
Any license issued under this chapter may be suspended or revoked by the Mayor (Local Liquor Control Commissioner) for any one or more of the following reasons:
(A) Violation of the laws of the United States, State of Illinois, or any ordinance of the city relating to the sale of alcoholic liquor.
(B) The willful making of any false statement as to a material fact in the application for such a liquor license.
(C) The permitting of any unlawful, disorderly or immoral practice or practices to be conducted on the licensed premises.
(Ord. 658, passed 12-18-95)
§ 110.24 DISPOSITION OF FEES.
All such license fees shall be paid to the City Clerk 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, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the City Council, by proper action.
(Ord. 658, passed 12-18-95)
§ 110.25 NUMBER OF LICENSES.
There shall be issued in the city no more than a total of two Class A and/or Class A1 licenses; three Class B licenses; two Class C licenses; two Class D licenses; two Class E licenses; and one Class F license.
(Ord. 658, passed 12-18-95; Am. Ord. 774, passed 10-21-02; Am. Ord. 778, passed 5-5-03; Am. Ord. 785, passed 9-15-03; Am. Ord. 788, passed 10-20-03)
§ 110.26 TRANSFER/RENEWAL OF LICENSE.
(A) A license shall be purely a personal privilege, good for not to exceed six months after issuance, unless sooner revoked as in this chapter provided, and shall not constitute property, shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. 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 license, 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 of alcoholic liquor pursuant to order of the appropriate court, and may exercise the privileges of the deceased, insolvent or bankrupt licensee after the death, insolvency or bankruptcy until the expiration of such license.
(B) Any licensee may renew his or her license at the expiration thereof, provided that he or she is then qualified to receive a license and the premises for which such renewal license is sought is suitable for such propose; and, provided further that, the renewal privilege herein provided shall not be construed as a vested right which shall in any case prevent the Mayor and the City Council from decreasing the number of licenses to be issued.
(Ord. 658, passed 12-18-95)
STANDARDS OF OPERATION
§ 110.40 CLOSING HOURS.
(A) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the city during the following hours:
(1) Between 1:20 a.m. and 7:00 a.m. on Tuesday through Saturday, inclusive; and
(2) Between 12:01 a.m. and 7:00 a.m. on Monday; and
(3) After 1:20 a.m. on Sunday, except as otherwise provided for herein.
(B) It shall be unlawful to keep open for business, to admit any person to any licensed premises, or to allow any person to remain upon any licensed premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited; provided, that in the case of restaurants, stores or bowling alleys, such establishments may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by any person during such hours.
(C) The provisions of the preceding two divisions shall not apply to Class D and Class E licenses. It shall be unlawful for Class D and Class E licensees to sell or offer for sale at retail, or to allow consumption of any alcoholic liquor on the licensed premises during the following hours:
(1) Between 1:20 a.m. and 7:00 a.m. on Tuesday through Saturday, inclusive; and
(2) Between 12:01 a.m. and 7:00 a.m. on Monday; and
(3) Between 1:20 a.m. and 1:00 p.m. on Sunday.
(D) All times referred to in this chapter are Central Standard Time or Central Daylight Savings Time, or such other time, as is in effect within the corporate limits of the city.
(E) Class A licensees with the Sunday sales option, as set forth in § 110.16, may sell or offer for sale at retail alcoholic liquor, beer or wine, as authorized respectively, between the hours of 10:00 a.m. on Sundays and 1:20 a.m. on Monday, any other provisions of this chapter notwithstanding.
(F) Class B and Class C licensees with the Sunday sales option, as set forth in § 110.16 of this chapter, may sell or offer for sale at retail alcoholic liquor, beer or wine, as authorized respectively, between the hours of 6:00 a.m. and 9:00 p.m. on Sundays, any other provisions of this chapter notwithstanding.
(G) Class F licensees with the Sunday sales option, as set forth in § 110.16 of this chapter, may sell or offer for sale at retail alcoholic liquor, beer or wine, as authorized, between the hours of 1:00 p.m. and 9:00 p.m. on Sundays.
(H) All other provisions of this chapter notwithstanding, licensees shall be allowed to be open for business between the hours of 1:00 p.m. on December 31 to 2:00 a.m. on January 1 of any year for New Years.
(Ord. 658, passed 12-18-95; Am. Ord. 793, passed 1-5-04; Am. Ord. 917, passed 4-15-13) Penalty, see § 110.99
§ 110.41 UNOBSTRUCTED VIEW OF LICENSED PREMISES.
No license shall be issued for any premises unless said licensed premises is so constructed that a clear and unobstructed view of the interior thereof may be had by those passing on the street, road or sidewalk. No screen, blind curtain partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road, or sidewalk at all times and no obstruction, nor any arrangements of lights or lighting, shall be permitted in or about the interior of such premises which shall prevent a full view of the entire interior of such premises form the street, road or sidewalk. Any licensee who shall permit or cause the view of, in or about the interior of his her licensed premises to be obstructed or who shall not provide adequate lighting for any such licensed premises, as above provided, shall be deemed guilty of a violation of this chapter.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
§ 110.42 CONTROL OR FINANCING BY MANUFACTURERS PROHIBITED.
No person engaged in the business of manufacturing alcoholic liquors nor any agent of such person, shall be permitted to receive a license, nor shall any such person rent, lend, give, or pay for any licensed premises or any furnishings, fixtures or equipment used in the storage, handling, servings or dispensing of alcoholic liquor or food in the place of business of any licensee, nor shall he pay for the license issued any such licensee nor advance, furnish or lend money for payment of any license, nor shall he be interested in the ownership, conduct or operation of the business of such licensee. Any licensee who shall permit or assent or be a party in any way to any violation or infringement of this section shall be deemed guilty of a violation of this chapter.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
§ 110.43 CERTAIN ACTS PROHIBITED AND OTHERS REQUIRED.
No applicant for any license shall store or install any alcoholic liquor fixtures, equipment or supplies on the premises for which a license is applied, or otherwise take any steps to open up any business to be licensed under the provisions of this chapter until his or her application for a license has been passed upon, approved, has been actually issued by the City
Clerk and is displayed on said premises as required by this chapter.
(A) No unnecessary noise shall be permitted on any licensed premises.
(B) No licensee shall sell, give or deliver alcoholic liquor to any minor or to any intoxicated person.
(C) No alcoholic liquor shall be allowed off any licensed premises in any open container.
(D) No person less than 19 years of age shall be permitted in the course of employment for a licensee to mix, to pour, to draw, to serve, to distribute, or to make package sale of alcoholic liquor for delivery and sale a patron or customer.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
§ 110.44 CHANGE OF LOCATION.
A retail liquor license shall permit the sale of alcoholic liquor only on the premises described into application and license. Such location may be changed only upon the issuance of a written permit to make such change issued by the Local Liquor Control Commissioner. 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 the State of Illinois and the ordinances of the city.
(Ord. 658, passed 12-18-95) Penalty, see § 110.99
ADMINISTRATION
§ 110.55 LOCAL LIQUOR COMMISSIONER.
The Mayor of the city shall be known as the Local Liquor Control Commissioner of the city and shall be charged with the administration of this chapter. The Mayor may form a Liquor Control Committee to assist in overseeing his duties as Local Liquor Control Commissioner.
(Ord. 658, passed 12-18-95)
§ 110.99 PENALTY.
Whosoever violates any of the provisions of this chapter shall upon conviction, be punished by a fine of not less than $200 nor more than $500 for each violation, be subject to suspension or revocation of license privileges as set forth in this chapter, and be subject possible prohibition from obtaining future license privileges, as set forth in this chapter.
(Ord. 658, passed 12-18-95)
