This chapter shall be liberally construed to the end that the health, safety, and welfare of the people of the village shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by sound and careful control and regulation of the retail sale of alcoholic liquors.

(Ord. 591, passed 8-4-1983)

All definitions in An Act relating to Alcoholic Liquors enacted by the People of the State of Illinois on January 31, 1934, and as amended from time to time, and known as Ill. Rev. Stat. Ch. 43 are hereby incorporated herein by reference thereto and are made a part hereof as though fully set forth herein.

(Ord. 591, passed 8-4-1983)

It shall be unlawful for any person to sell at retail or have in his or her possession and offer for sale at retail any alcoholic liquor within the corporate limits of the village without first having obtained a license or permit to do so pursuant to this chapter.

(Ord. 591, passed 8-4-1983)  Penalty, see § 112.99

Licenses to sell alcoholic liquors at retail shall be of the following classes and require the following fees.

(A)   Effective immediately after the passage of this chapter, the following hours will apply.

Except as specifically provided herein to the contrary, no person shall be entitled to more than one license.

(Ord. 591, passed 8-4-1983)

   (A)   Applications for all licenses and permits required by ordinance shall be made in writing to the Liquor Control Commissioner in the absence of provision to the contrary.

   (B)   Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the village officials in the issuing of the permit or license applied for.

(Ord. 591, passed 8-4-1983)

Whenever in this chapter a license is required, any person or corporation shall be subject to the requirement if by himself or through an agent, employee, or partner, he or she holds himself forth as being engaged in the business or corporation; or solicits patronage therefore, actively or passively; or performs or attempts to perform any part of such business or occupation in the village.

(Ord. 591, passed 8-4-1983)

Any license issued pursuant to this chapter, except a Class G license, shall be issued for a period not to exceed six months and there shall be two six-month periods in each year, the first commencing January 1 and terminating June 30 and the second commencing July 1 and terminating December 31.

(Ord. 591, passed 8-4-1983)

Forms for all licenses and permits, and applications therefore, shall be prepared and kept on file by the Liquor Control Commissioner.

(Ord. 591, passed 8-4-1983)

Each license or permit issued shall bear the signatures of the Liquor Control Commissioner and the Village Clerk in the absence of any provision to the contrary.

(Ord. 591, passed 8-4-1983)

   (A)   In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefore is made to the Liquor Control Commissioner.

   (B)   No license fees shall be prorated and the full fee for the current six-month license period in which the license is issued shall be paid.

   (C)   Except as otherwise provided, all license fees shall become a part of the general funds of the village.

(Ord. 591, passed 8-4-1983)

All licenses shall terminate on the last day of the license period for which it was issued.

(Ord. 591, passed 8-4-1983)

No license shall be issued for the conduct of any business, and no permit shall be issued for anything, or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the village. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 154 of this code.

(Ord. 591, passed 8-4-1983)

The location of any licensed business may be changed upon written approval of the Liquor Control Commissioner provided ten days’ notice thereof is given to the Liquor Control Commission provided that the building and zoning requirements of the village ordinances are complied with.

(Ord. 591, passed 8-4-1983)

No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.

(Ord. 591, passed 8-4-1983)

   (A)   Whenever inspections of the premises used for or in connection with the operation of a licensed business are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the village who is authorized or directed to make such inspection at any reasonable time that admission is required.

   (B)   In addition to any other penalty which may be provided, the Liquor Control Commissioner may revoke the license of any licensee who refuses to permit any such officer or employee who is authorized to make such inspection or who interferes with such officer or employee while in the performance of his or her duty in making such inspection provided that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the village, stating that such inspection is desired at the time it is sought to make the inspection.

(Ord. 591, passed 8-4-1983)  Penalty, see § 112.99

Any license or permit for a limited time may be revoked or suspended by the Liquor Control Commissioner at any time during the life of such license or permit for any violation by the licensee or permittee of this chapter or any other ordinance of the village or laws of the state or the United States of America such revocation or suspension may be in addition to any fine imposed.

(Ord. 591, passed 8-4-1983)

A license shall be purely a personal privilege, good only for the period for which it was issued, unless sooner revoked as in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or

involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than three months after the death, bankruptcy, or insolvency of such licensee.

(Ord. 591, passed 8-4-1983)

No license of any kind shall be issued to:

   (A)   A person who is not a resident of the village in which the premises covered by the license are located;

   (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 citizen of the United States;

   (D)   A person who has been convicted of a felony under any federal or state law;

   (E)   A person who has been convicted of being the keeper or is keeping a house of ill fame;

   (F)   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;

   (G)   A person whose license issued under this chapter has been revoked for cause;

   (H)   A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;

   (I)   A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license;

   (J)   A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision;

   (K)   A corporation unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the state’s Business Corporation Act to transact business in the state;

   (L)   A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee;

   (M)   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, subsequent to the passage of this chapter, or shall have forfeited his or her bond to appear in court to answer charges for any such violation;

   (N)   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;

   (O)   Any law enforcing public official or Trustee or President of the Village Board of Trustees; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor;

   (P)   A person who is not a beneficial owner of the business to be operated by the licensee;

   (Q)   A person who has been convicted two or more times of a gambling offense as proscribed from time to time by the Criminal Code of the state as heretofore or hereafter amended; provided that any person convicted of a first offense shall not be issued such license for a period of one year from the conviction; and

   (R)   A person who is less than 21 years of age.

(Ord. 591, passed 8-4-1983)

Alcoholic liquor shall be sold or offered for sale only within the building or other structure or replacement thereof that existed on the licensed premises at the time the license for the same was issued and the size of said building or other structure shall not be increased by replacement or otherwise without the approval of the Liquor Commissioner.

(Ord. 616, passed 4-18-1985)  Penalty, see § 112.99

No license shall be issued for the sale at retail of any alcoholic liquor within 250 feet of any church, school, hospital, home for aged or indigent persons, or for veterans, their wives 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 taking effect of this chapter; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 250 feet of any church where such church has been established within such 250 feet since the issuance of the original license.

(Ord. 591, passed 8-4-1983)

No license shall be issued to any person for the sale at retail 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. 591, passed 8-4-1983)

It shall be unlawful for any licensee or any officer, associate, member, representative, agent, or employee of such licensee to sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person or to any person known by him or her to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment and no person after purchasing or otherwise obtaining alcoholic liquor shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years except in the performance of a religious ceremony or service.

(Ord. 591, passed 8-4-1983)  Penalty, see § 112.99

   (A)   Any person to whom the sale, gift, or delivery of alcoholic liquor is prohibited because of age shall not purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession.

   (B)   If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the nonage of the prospective recipient, he or she shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.

   (C)   No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information, or otherwise misrepresent his or her age for the purpose of purchasing alcoholic liquor. No person shall purchase, accept delivery, or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden.

   (D)   The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of such minor in the privacy of a home, is not prohibited by this chapter.

(Ord. 591, passed 8-4-1983)  Penalty, see § 112.99

It shall be unlawful for any person under the age of 21 years to attend any bar, to draw, pour, or mix any alcoholic liquor in any licensed retail premises, or to sell alcoholic liquor, provided, however, any person who is 18 years of age and less than 21 years of age and who was employed to perform any of the foregoing functions on May 1, 1985 may continue to do so for the employer who employed that person on May 1, 1985.

(Ord. 617, passed 5-16-1985)  Penalty, see § 112.99

In every tavern or other place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card which shall be supplied by the Clerk and which shall read substantially as follows:

(Ord. 591, passed 8-4-1983)

It shall be unlawful for any holder of a retail liquor dealer’s license or his or her agent or employee to suffer or permit any person under the age of 21, except an employee who is on said premises in the course of his or her employment, to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located; provided, however, the foregoing shall not apply to any person under the age of 21 years, who is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale or service of other commodities than alcoholic liquor.

(Ord. 591, passed 8-4-1983)  Penalty, see § 112.99

   It shall be unlawful:

   (A)   For any licensee to permit any person on the licensed premises to leave the licensed premises with an open container containing any alcoholic liquor;

   (B)   For any person to leave any licensed premises with an open container containing any alcoholic liquor;

   (C)   For any person to be on or about any licensed premises with an open container containing any alcoholic liquor; and/or

   (D)   For any person to possess any open container containing any alcoholic liquor while upon any street, alley, sidewalk, or public parking lot; while in any public park or in or upon any property owned by the village unless possession of the same is on premises for which a valid Class G license has been issued.

(Ord. 616, passed 4-18-1985)  Penalty, see § 112.99

   (A)   Any person, firm, or corporation violating any provisions of this chapter shall be fined not less than $100 nor more than $500 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

   (B)   Whoever violates § 112.47 shall, in addition to other penalties provided for in this chapter, be fined not more than $100, or shall be imprisoned in the county jail for a period of not more than six months, or both, for the first offense; and for the second and subsequent offenses shall be fined not less than $50 nor more than $100, or shall be imprisoned in the county jail for a period of not more than six months, or be both so fined and imprisoned.

   (C)   Whoever violates any provision of § 112.48 shall be punished by a fine of not less than $100 nor more than $500 or imprisoned in a penal institution other than the penitentiary for not more than 30 days, or both for each offense.

(Ord. 591, passed 8-4-1983; Ord. 616, passed 4-18-1985)