HomeMy WebLinkAboutOrd 4664 08/16/1994 ORDINANCE NO. 4664,
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 16TH DAY OF AUGUST , 1994
Published in pamphlet for~ by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
, 16th day of Auto. st , 1994.
ORDINANCE NO. 4664
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule power;
SECTION 1: That Chapter 13 of the Mount Prospect Village Code, as amended
is hereby further amended by deleting Chapter 13 in its entirety and inserting a new
Chapter 13 which shall be and read as follows:
CHAPTER 13
ALCOHOLIC LIQUORS
Subject Article
General Provisions ..................... I
ARTICLE I
GENERAL PROVISIONS
SECTION:
13.101 Definitions
13.102 License Required
13.103 Application for Retailer's License
13.104 Management Entities
13.105 Restrictions on Issuance of Licenses
13.106 Term-Prorating Fee
13.107 Licenses and Permits
13.108 Number of Licenses
13.109 Disposition of Fees
13.110 Application Process Completed
13.111 Compensation, Powers and Duties of Local Liquor
Control Commissioner
13.112 Penalties Upon Hearing Before the Local Liquor
Control Commissioner
13.1 i3 Transfer of License
13.114 Renewal of License
i3.115 Change of Location
i 3.116 Consumption on Premises
i 3.117 Restrictions on Premises
i3.118 Closing Hours; Sunday Closing
i 3.1 i 9 Peddling
i3.120 Compliance with Building, Sanitary, Safety and
other Regulations of the Village
i 3.121 Entertainment
13.122 Prohibited Conduct
13.123 Fighting Prohibited; Licensees Conduct
13.124 Dram Shop Insurance
13.125 Conduct of Employees and Agents
13.126 Sale to Intoxicated Persons; Habitual Drunkards
13,127 Prohibited Sale or Promotion of Alcoholic Beverages
13,128 Prohibited Sale of Refrigerated Alcoholic Liquor
in Single Containers
13.129 Regulations with Respect to Underage Persons
13.130 . Consequences of Facilitating the Use of Alcoholic
Beverages by Underage Persons
13.131 Use of False Identification
13.132 False Identification not a Defense
13.133 Operation of a Motor Vehicle While in a State
of Impairment
13.134 Operation of a Motor Vehicle by Underage Persons
With an Alcoholic Beverage in or on the Vehicle;
When the Underage Person is Impaired Due to
Alcohol or has Alcohol in the System or is
Operating the Vehicle in Violation of a
Restriction Pursuant to this Chapter
13.135 Proced u re for Driving Restriction Notification;
Hearing
13.136 Penalty for Violating Driving Restriction
13.137 Penalties; General
Sec. 13.101. Definitions. Unless the context otherwise requires, the following
terms as used in this Chapter shall be construed according to the
definitions given below.
ALCOHOLIC A. Any spirits, wine, beer, ale or other
BEVERAGES or liquid intended as a beverage and containing
LIQUOR: more than one-half of one percent (.5%) of
alcohol by volume
B. Any beverage containing any scientifically detectable
trace of alcohol and commonly known as "near beer",
"nonalcoholic beer", or "nonalcoholic wine", whose taste,
color, odor and consistency are similar to the alcoholic
beverages known as beer and wine and, except for the
reduced alcohol content, is marketed as being similar to
beer or wine.
BAR: A barrier or counter, at and over which alcoholic liquors and
sometimes food are passed or served.
BEER: A beverage obtained by alcoholic fermentation or infusion in
a brew or concoction of barley or other grain, malt or hops,
in water. This shall include beer, light beer, ale, stout, lager
beer, porter and other similar brews.
CATERER: A person who for compensation provides food and service
for a banquet, dinner or other special occasion and where
the recipients of the food or service are specifically invited
to each particular event.
CONTROL OF
PREMISES: The legal or beneficial ownership, rental, lease or holding of
a license shall constitute control of property. Control may
also exist where none of the aforesaid legal relationships
apply, but where an adult is otherwise in charge of or
charged with controlling a particular premises.
DELIVERY OF The sale, giving or exchange of an alcoholic
ALCOHOLIC LIQUOR: liquor from one person to another. Delivery is meant to
include the provision of any alcoholic beverage by whatever
means to one person from another.
DRIVE-IN A food service establishment with or without
RESTAURANT: interior facilities for eating, which caters to and permits the
consumption of food either in customer's automobile parking
on the premises or in any other designated area on the
premises outside the establishment where the food is so
prepared. "Drive-In Restaurant" shall not be construed to
include "Restaurant".
ENTERTAINMENT: Any playing of pre-recorded music or voices or any live act
or performance whether or not using sound amplification.
FALSE Any document used for identification or proof
IDENTIFICATION: of age that has been altered or defaced or that contains
false o~ misleading information or that contains a name that
is not the actual name of the person using it.
FIGHTING: Any threatening or touching of another person which
provokes or tends to provoke a breach of the peace.
GENERAL PUBLIC: The whole body politic including the people of the
neighborhood, the Village, the State of Illinois, the United
States of America, and/or persons at large travelling through
the Village, as different from the designation of a particular
person or group of persons.
HOTEL: Every building or other structure, kept, used, maintained,
advertised and held out to the public to be a place where
food is actually prepared, served and consumed and
sleeping accommodations are offered for pay to travelers
and guests, whether transient, permanent or residential, in
which twenty five (25) or more rooms are used for sleeping
accommodations and where dining rooms are maintained in
the same building or buildings.
IMPAIRMENT: Any diminution or compromise of a person's physical, mental
or perceptual abilities due to the consumption of an alcoholic
beverage. Impairment does not require that the blood
alcohol content be in excess of any particular gram of
alcohol to milliliters of blood or breath ratio.
LICENSE or That specific grant of the privilege and authority to a
LIQUOR LICENSE: licensee to sell or offer for sale alcoholic liquor
at retail in the manner set forth in the text of the particular
license classification.
LICENSEE: . That person who by issuance of a license has been given
the right or privilege by the Local Liquor Control
Commissioner to engage in the retail sale of alcoholic liquor
in the Village. This shall include the holder of a Mount
Prospect liquor license or any officer, principal, employee or
agent of the license holder.
LOCAL LIQUOR The office of the Mayor or the President of the Village;
CONTROL as assisted by appropriate legal counsel; this may include
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COMMISSION: such other persons as the Mayor may appoint to aid in the
exemise of the powers and the performance of the duties
of the Local Liquor Control Commissioner.
LOCAL LIQUOR The Mayor or President of the Board of
CONTROL Trustees of the Village acting ex-officio.
COMMISSIONER:
LOUNGE: That portion of a licensed premises that is kept, used,
maintained, advertised and held out to the public as a place
where alcohOlic liquor is offered for retail sale for
consumption on the premises only and not necessarily in
conjunction with the full service of meals. This definition
may also include the term "cocktail lounges".
MAINTENANCE OF That standard by which it shall be determined
ORDER STANDARD: whether a licensee has maintained order on the licensed
premises. Adherence to this standard shall be a duty of the
licensee and shall generally be stated as the establishment
and maintenance of the optimum precautions and actions
that are practical for deterring and preventing fighting as
defined in this Chapter.
OPERATION OF A
MOTOR VEHICLE: The operation or control of a motor vehicle anywhere in the
Village of Mount Prospect, whether on private or public
property. To be in physical control, the person need not be
actually driving the motor vehicle and the vehicle need not
be running. If there is only one person inside ora motor
vehicle, that person shall be presumed to be in physical
control regardless of the person's location within the vehicle.
If there is only one person in a front seat or front passenger
area of a motor vehicle, that person shall be presumed to be
in physical control regardless of the person's location in the
front passenger area. If there are persons in the vehicle, but
not in the front passenger area, the owner of the vehicle or
the person to whom permission was given to operate the
vehicle, shall be presumed to be in physical control of the
vehicle.
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.
PARENT: A natural or adoptive parent or a court designated guardian.
PRIVATE CLUB: A not-for-profit corporation supported by the dues of its
members and organized solely for the promotion of some
common objective other than the sale or consumption of
alcoholic liquors.
RESTAURANT: Any public place, without sleeping accommodations,
maintained, and held out to the public as a place primarily
devoted to full-service, sit-down dining, including dinner
and/or luncheon menus at which the service of alcoholic
liquor is incidental and complementary to the service of such
meals. Limited food service, as typically provided by drive-in
restaurants, luncheonettes, diners, coffee shops, fast food
.operations, and similar uses, does not satisfy the
requirements of this definition.
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RETAIL SALE: The sale or delivery of an alcoholic beverage to the
consumer or general public as differentiated from the sale or
delivery for legal resale.
SPIRITS: Any beverage which contains alcohol obtained by distillation,
mixed with water or other 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.
SUPPER CLUB: Any public place kept, used, maintained, advertised and
held out to the public as a place where patrons are served
food and offered live entertainment.
UNDERAGE PERSON: Any person under twenty one (21) years of
age.
VICARIOUS That liability which is implied as a matter
LIABILITY: of law even though the person may not have
directly caused an injury to another person.
WINE: 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, as above defined.
Sec. 13.102. License Required.
A. It shall be unlawful to sell at retail any alcoholic liquor without first having
obtained a Village retailer's license for each location, place or premises where
the retailer is located.
B. Where two (2) or more such locations, places or premises are under the same
roof or at the same street address, a separate Village retailer's license shall be
obtained for each such location, place or premises. Nothing in this section shall
prevent any hotel operator licensed under the previsions of this Chapter from
serving liquor to registered guests in any room or other part of the hotel, if the
liquor is kept in and served from a licensed location, within the hotel. This shall
include the maintenance of a unit within an individual guest room commonly
known as a mini bar or an honor bar. This may also apply to a licensee at a
restaurant premises within a hotel even if the restaurant operator does not own
the hotel or operate the hotel business so long as the licensee is a lessee of the
restaurant premises, has written authority from the hotel operator to deliver
alcohol throughout the hotel pursuant to this section and has notified the Liquor
Commissioner in writing of its intent to do so. Both the hotel operator and
restaurant operator must qualify as a licensee in this circumstance. Only one
restaurant operator within a hotel may be granted this privilege. If a
restauranteur within a hotel, does not provide room service then the owner or
operator of the hotel must possess a separate hotel license in order to provide
such room service.
C. The issuance to or possession by any person of a retail liquor dealer tax stamp
issued for a current tax period by the United States Government or any of its
agencies shall constitute prima facie evidence that such person is subject to the
provisions of this Chapter.
D. Within fifteen (15) days after obtaining a license pursuant to the provisions of this
Section, the licensee shall obtain a similar liquor license required by the State for
the sale at retail of any alcoholic liquor. However, no alcoholic beverage may be
purveyed by the licensee until the state license has been obtained.
Sec. 13.103. Application for Retailer's License.
A. Application for a local retailer's liquor license shall be made to the Village
President as [.ocal Liquor Control Commissioner. The application shall be in
writing, upon forms provided by the Local Liquor Control Commissioner. The
application shall require such information as determined by the Local Liquor
Control Commissioner. Only completed forms shall be considered by the Local
Liquor Control Commissioner. Each application shall be accompanied by a non-
refundable application fee of two hundred fifty dollars ($250.00).
B. Upon issuance of any license, the licensee shall keep the information contained
on the application current by furnishing to the Local Liquor Control
Commissioner, within thirty (30) days, written notice of any change in status
regarding ownership, residency, management, surety bond or any other
information set forth in the application.
C. Before any license shall be issued to the applicant:
1. The applicant shall furnish to the Village a surety bond in the amount of
two thousand five hundred dollars ($2,500.00) against any violation by the
principal, the principal's agents or employees, of any of the terms of this
Chapter 13, or any ordinances, rules and regulations or penalties now in
force or which may hereafter be in force in the Village affecting the
operation of the licensed business. The surety company must be
acceptable to the Village.
2. Each principal, owner, partner, officer or stockholder owning an
aggregate of more than five percent (5%) of the stock of a corporation
shall appear at the Mount Prospect Police Department for fingerprinting so
that an adequate investigation may be performed to enable the Local
Liquor Control Commissioner to ascertain whether the issuance of a
license will comply with the statutes of the State of Illinois and all
applicable ordinances of the Village. The fingerprints shall be processed
by the Federal Bureau of Investigation. The fee to the Federal Bureau of
Investigation shall be prepaid by the applicant by cashier's check, money
order or certified check.
Sec. '13.104. Management Entities.
It is recognized that a licensee may, from time to time, desire to hire or retain, as
an independent contractor, a management entity to manage, generally operate
and be responsible for the licensed premises.
No licensee shall permit a management entity to perform such a function unless
the management entity has been certified to do so by the Local Liquor Control
Commissioner. In order to be certified by the Local Liquor Control
Commissioner, a management entity must execute a liquor license application
that reflects the entity's business status, i.e. sole proprietorship, partnership or
corporation. A management entity must qualify in the same manner (other than
for a surety bond and dram shop coverage) and meet the same standards as a
licensee.
The application shall be accompanied by a non-refundable application fee of two
hundred fifty dollars ($250.00) and no management entity may be qualified
unless a certification fee of seven hundred fifty dollars ($750.00) has been paid.
A management entity shall be subject to the jurisdiction of the Local Liquor
Control Commissioner in the same manner as a licensee. If there is a violation
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on the premises, the management company and the licensee shall be jointly and
severally responsible.
Sec. 13.105. ;Restrictions on Issuance of Licenses.
A. Restrictions on any business entity desiring to hold a liquor license.
1. No liquor license shall be issued to any entity:
a. Whose business is conducted by a manager or agent who is not an
actual employee of the licensee, unless the manager or agent
possesses the same qualifications required of the licensee, and
has been certified by the Local Liquor Control Commissioner.
b. Which does not legally or beneficially own the premises for which a
license is sought, or does not have a lease for the full period for
which the license is to be issued.
c. Which is not an owner of at least fifty percent (50%) of the business
to be operated by the licensee.
d. Which does not hold a valid Mount Prospect Class II business
license for the premises as required by Chapter 12 of the Village
Code.
e. To which a Federal gaming device stamp or a Federal wagering
stamp has been issued by the Federal Government for the current
tax period.
f. Not eligible for a State retail liquor dealer's license.
g. Which, upon review of the application taken as a whole by the
Local Liquor Control Commissioner, is deemed by prior actions as
indicated from the application or background check to be a
substantial risk of not abiding by the regulations of the Village of
Mount Prospect.
2. No liquor license shall be issued to any entity when a sole proprietor,
partner, manager, officer, director or 5% or greater shareholder:
a. Has been found guilty of a felony or any offense with regard to the
sale or possession of alcoholic liquor, or of any other crime
opposed to decency or morality, if, upon due investigation, the
Commissioner determines that such individual has not been
sufficiently rehabilitated to warrant the public trust.
b. Has previously had a liquor license in this or any other jurisdiction
revoked for cause.
c. At the time of application for renewal of any license issued
hereunder, would not have been eligible for a license upon a first
application.
d. Has been found guilty of a violation of any Federal or State law
concerning the manufacture of alcoholic liquor.
e. Has been issued a Federal gaming device stamp or Federal
wagering stamp by the Federal Government for the current tax
period.
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f. Has been found guilty of a gambling offense as prescribed by any
Subsections (a) (3) through (a) (10) of Section 28-1 of, or as
prescribed by Section 28-3 of, the Criminal Code of 1961,
approved July 28, 1961, as heretofore amended, or as prescribed
.by a statute replacing any of the aforesaid statutory provisions.
g. Is an employee of the Village of Mount Prospect, the Village
President or member of the Board of Trustees.
h. Who is not of good character and reputation in the community in
which the individual resides.
B. Additional restrictions applying to Corporations only.
No liquor license shall be issued to any Corporation unless it is incorporated in
Illinois, or unless it is a foreign corporation which is qualified and registered under the
Illinois Business Corporation Act to transact business in Illinois.
To whom a Federal wagering stamp or a Federal gaming device stamp has been
issued for the current tax period.
C. Additional restrictions applying to sole proprietorships or partnerships only. No
liquor license shall be issued to any sole proprietorship or partnership if any sole
proprietorship or partner:
1. Is not a resident of the Village.
2. Is not a citizen of the United States.
Sec. 13.'106. Term; Prorating Fee.
A. Each license shall commence on May 1 and shall terminate on April 30 next
following the date of issuance.
B. License fees shall not be prorated except in the following instances:
1. Where the license is obtained after the first day of May of any license year
the fee shall be reduced in proportion to the number of full calendar
months that have expired in the license term.
2. Where the license is returned by the license holder upon the permanent
closing of the business, and not upon the sale or transfer of the business
or assets thereof, the fee paid shall be returned in proportion to the
number of full calendar months which have not expired in the license
term, less an administrative fee of one hundred dollars ($100.00).
Sec. t3.107. Licenses and Permits.
A. Except as may be provided for the issuance of certain permits under the terms of
Subsection (B), every person engaged in the retail sale of alcoholic liquor in the
Village shall first have obtained the appropriate liquor license authorizing the sale
and delivery of the specific type and character of alcoholic liquor and the specific
type of business at which it may be sold.
1. All new, transferred or renewed licenses issued after August 16, 1994,
shall be divided into the following classifications: (No license may be
issued unless it complies with the restrictions of one of these
classification).
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Combination License, which shall authorize the licensee to sell and offer
for sale at retail, in the premises specified in such license, alcoholic liquor
for consumption on said premises and also alcoholic liquor in its original
package but not for consumption on the premises where sold. (Available
only to. a licensee holding a valid Combination license as of August 16,
1994.) (CLASS "A")
Tavern License, which shall authorize the licensee to sell and offer for
sale at retail, in the premises specified in such license, alcoholic liquor for
consumption on said premises. At the minimum, food service such as
snacks, hors d'oeuvres and/or similar food items shall be available, in
quantities sufficient to serve all patrons of said premises, at all times when
alcoholic liquor is served. (CLASS "B")
General Package License, which shall authorize the licensee to sell and
offer for sale at retail, in the premises specified in such license, alcoholic
liquor in its original package only but not for consumption on the premises
where sold. Samplings of alcoholic liquor in conjunction with sales
promotional efforts shall be allowed pursuant to the regulations contained
in Section 13.116 of this Chapter. No General Package License shall be
issued for a premises whose primary business is the sale of groceries or
other products unless the premises occupies at least 10,000 square feet
of floor area. No General Package license shall be issued to any
establishment which also delivers gasoline for automotive vehicles on the
same premises. (CLASS "C")
Club License for issuance to private clubs as defined in this Chapter,
which shall authorize the licensee to sell and offer for sale at retail, in the
premises specified in such license alcoholic liquor to its members and
guests only for consumption on the premises. No license shall be issued
to a private club unless the following requirements are met:
1. The organization must own or lease a premises of sufficient size
and character for the reasonable and comfortable use and
accommodation of its members and their guests.
2, Contain a suitable and adequate kitchen and dining room space
and equipment.
3. Maintain a sufficient number of employees or competent
volunteers for cooking, preparing and serving food and meals for its
members and guests.
4. Its affairs and management are conducted by a Board of Directors,
Executive Committee, or similar body chosen by the members at
their annual meeting and that no member or any officer, agent or
employee of the club is paid, or directly receives, in the form of
salary or other compensation, any profits from the distribution or
sale of alcoholic liquor to the club, or its members, or guests
beyond the amount of such salary as may be fixed and voted at
any annual meeting by the members or by its Board of Directors or
other governing body out of the general revenue of the club.
(CLASS D)
Catering License. for issuance to caterers, which shall authorize the licensee
to sell and offer for sale at retail alcoholic liquor for consumption on the
premises where sold. Consumption of alcoholic liquor at or over a bar shall
be permitted, but all consumption shall be limited to those patrons who are
invited guests and dining on the premises specified in such license. (CLASS
E)
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Food Court License, which shall authorize the licensee to sell and offer for
sale at retail, alcoholic liquor for consumption on the premises where sold,
and only in conjunction with the operation of a food service court located in
a shopping mall. Any consumption of alcoholic beverages shall be limited
to thos.e patrons who are dining in a specified area of the food service court.
The specified area shall be separate from but contiguous to the main food
service court, and shall not exceed eight thousand (8,000) square feet in
total floor area. The premises shall be maintained as an area separate and
apart from the general shopping mall with definite and restricted points of
ingress and egress prohibiting the removal of alcoholic beverages from this
specified area. (CLASS F)
Park District License, for issuance to park districts only which shall authorize
the licensee to sell and offer for sale at retail for consumption on the
premises specified in the license application, beer and wine only.
Additionally, other alcoholic beverages may be served at special events up
to thirty (30) times per year provided that the Village Manager shall be
notified in writing of each special event at least five (5) days in advance of
the event. This Park District License shall permit only the park district, its
agents or employees to sell or deliver an alcoholic beverage and shall not
permit other parties using park district facilities to sell or deliver alcoholic
beverages. (CLASS G)
Su~)oer Club with Entertainment License, for issuance to supper clubs, which
shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor
for consumption on the premises where sold. The licensed premises shall
have a total floor area of not less than five thousand five hundred (5,500)
square feet. Consumption of alcoholic liquor at or over a bar is specifically
prohibited for this Class of license. At the minimum, food service such as hot
or cold sandwiches or similar food items shall be offered at all times when
alcoholic liquor is served. Such a club must have an adequate and sanitary
kitchen and dining room equipment and capacity and have employed a
sufficient number and kind of employees to prepare, cook and serve a
suitable full-service food menu and provide suitable entertainment for its
guests. Drink minimums, such as those requiring patrons of a supper club
to purchase one or more alcoholic beverages as a condition of entrance to
the premises are specifically prohibited. The live entertainment at a supper
club must meet all requirements of the Village of Mount Prospect and the
State of Illinois. (CLASS H)
Hotel License, for issuance to hotels, motels, motor inns or motor lodges
which shall authorize the licensee to sell and offer for sale at retail, in the
premises specified in the license, alcoholic liquor to guests of the hotel,
motel, motor inn or motor lodge in the rooms occupied by guests on the
premises. If a restaurant and/or lounge is operated on the premises of the
licensee, the licensee may also sell alcoholic beverages to patrons of the
restaurant under such terms and conditions as may be determined by the
Local Liquor Control Commissioner or if no specific terms are determined,
according to the regulations governing restaurants and lounges. (CLASS M)
Wine and Beer Only Package license, which shall authorize the licensee to
sell and offer for sale at retail, at the premises specified in the license, wine
and beer in the original package only, but not for consumption upon the
premises where sold. Samplings shall be permitted only in conjunction with
sales promotional efforts and pursuant to the regulations contained in
Section 13.116 of this Chapter. No Wine and Beer Only Package License
shall be issued for a premises whose primary business is the sale of
groceries or other products unless the premises occupies at least 10,000
square feet of floor area. No Wine and Beer Only Package License shall be
issued to any establishment which also delivers gasoline for automotive
vehicles on the same premises. (CLASS P)
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Restaurant Only License, for issuance to restaurants, which shall authorize
the licensee to sell and offer for sale at retail, alcoholic liquor for consumption
on the premises where sold. Consumption of alcoholic liquor at or over a bar
is specifically prohibited and any consumption of alcoholic beverages shall
be limited to those patrons who are dining in the restaurant. (CLASS R)
Restaurant with Lounge License, for issuance to restaurants maintaining a
separate lounge area as an incidental and accessory use, which shall
authorize the licensee to sell and offer for sale at retail, in the restaurant
portion of the premises specified in the license, alcoholic liquor for
consumption on the premises only with meals, and in the lounge portion of
the premises specified in the license, alcoholic liquor for consumption on said
premises, with or without the service of food. The premises licensed herein
shall be primarily devoted to the preparation, cooking and serving of meals
and the lounge area shall contain less than twenty five percent (25%) of the
floor area of the premises and shall not be divided into two (2) or more
locations within said premises. Full food service including dinner and/or
luncheon menus, shall be offered at all times while alcoholic liquor is served.
(CLASS S)
Bowling Alley License, for issuance to bowling alleys, which shall authorize
the licensee to sell and offer for sale at retail alcoholic beverages, in the
lounge, for consumption on the premises where sold. The premises must in
fact operate as a bowling alley and offer their patrons full bowling facilities
with alcoholic liquor service incidental to bowling. The lounge area of such
premises licensed herein shall contain less than twenty five percent (25%)
of the floor area of the premises and shall not be divided into two (2) or more
locations within said premises. Food service shall be available to patrons at
all times when liquor is served. (CLASS T)
Wine Only Package License, shall authorize the licensee to sell and offer for
sale at retail, in the premises specified in such license, wine in its original
package only but not for consumption on the premises where sold.
Samplings of wine in conjunction with sales promotional efforts shall be
allowed pursuant to the regulations contained in Section 13.116 of this
Chapter. No Wine Only Package License shall be issued for a premises
whose primary business is the sale of groceries or other products unless the
premises occupies at least 10,000 square feet of floor area. No Wine Only
Package License shall be issued to any establishment which also delivers
gasoline for automotive vehicles on the same premises. (CLASS V)
Restaurant. Wine and Beer Only License, for issuance to restaurants, which
shall authorize the licensee to sell and offer for sale at retail, beer and wine
for consumption on the premises where sold. Consumption of alcoholic
liquor at or over a bar is specifically prohibited and any consumption of beer
and wine shall be limited to those patrons who are dining in such restaurant.
(CLASS W)
License with Soecial Conditions. Nothing in this section shall prevent the
Corporate Authorities from creating, from time to time, conditional licenses
which are based on the license classifications set forth above, but which
contain additional conditions and restrictions. These licenses with special
conditions, while created by the Corporate Authorities, shall remain subject
to issuance by the Local Liquor Control Commissioner. (CLASS XX).
2. All Restaurant with Lounge, Pre-1986 licenses are for Restaurant with
Lounge Licenses which were originally issued prior to March 4, 1986 and
subsequently renewed by that licensee and shall be defined as follows:
Restaurant with Lounge License. Pre-1986. for issuance to restaurants
maintaining a separate lounge area as an accessory use, which shall
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authorize the licensee to sell and offer for sale at retail, in the restaurant
portion of the premises specified in such license, alcoholic liquor for
consumption on said premises only with meals, and in the lounge portion of
the premises specified in such license, alcoholic liquor for consumption on
said promises, with or without,the service of food. The premises licensed
herein shall be primarily devoted to the preparation, cooking and serving of
meals and the lounge area shall contain less than twenty five percent (25%)
of the floor area of the premises. (CLASS S1)
Each such licensee shall pay an annual fee for such license in the amount
set forth below:
License Classification Annual License Fee
Class A $ 2,500.00
Class B 2,000.00
Class C 2,000.00
Class D 750.00
Class E 2,000.00
Class F 2,000,00
Class G 750.00
Class H 2,000.00
Class M 2,500.00
Class P 1,750.00
Class R 2,000.00
Class S & S1 2,500.00
Class T 2,500.00
Class V 1,500.00
Class W 1,500.00
Class XX 2,500.00
Management entity 750.00
B. Lounges shall be permitted only in conjunction with Combination License, Tavern
License, Hotel License, Restaurant with Lounge License, Restaurant with Lounge
License, Pre-1986 or Bowling Alley Licenses.
C. The Local Liquor Control Commissioner may grant a daily permit to any nonprofit
organization or club located within the Village such as a church, fraternal order or
lodge, veterans organization, civic organization, or other similar organization,
authorizing the sale of alcoholic beverages at any picnic, carnival, or similar function
sponsored or given by such organization. No more than twelve (12) such daily
permits shall be issued to any one such organization during the period of one year.
D. The Local Liquor Control Commissioner may grant a daily special event permit to
the Mount Prospect Library Board of Trustees authorizing the sale or delivery of
alcoholic beverages for consumption on the premises of the Mount Prospect Public
Library, Ten South Emerson Street.
E. The restrictions on a particular license classification shall be binding on the licensee
and no premises may be operated in violation of the classification restrictions.
Sec. 13.108. Number of Licenses.
A. The Corporate Authorities shall determine, by ordinance, the number of licenses
that are available in each classification. Neither the Local Liquor Control
Commissioner nor any other person or entity may issue liquor licenses in a number
that is in excess of the number authorized by the Corporate Authorities. An up to
date schedule of the authorized number of licenses available in each classification
shall be maintained by the Village Manager for the Local Liquor Control
Commissioner.
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B. Upon the alienation, sale, transfer, assignment or donation of the business that
underlies the license to any third party or person other than the licensee, the liquor
license shall automatically become void and the number of available licenses in that
classification as authorized by the Corporate Authorities shall automatically and
immediately be reduced by one.
C. Any licensed establishment that has discontinued the sale or service of alcoholic
liquor or that has not been open for business at least four (4) days per week for a
period of thirty (30) days or more shall automatically forfeit its license. Upon
forfeiture of the license, the number of available licenses in that classification as
authorized by the Corporate Authorities shall automatically and immediately be
reduced by one. This forfeiture shall not apply in instances where the licensee has
previously notified the Village Manager, in writing, of an intent to close the premises
for a portion of a year for remodelling or other similar purpose.
Sec. 13.109. Disposition of Fees.
All fees shall be made payable to the Village and submitted to the Local Liquor
Control Commissioner at the time application is made. The fee shall be immediately turned
over to the Finance Department. In the event the license applied for is denied, the fee,
except for the non-refundable application fee, shall be returned to the applicant.
Sec. 13.110. Application Process Completed.
No license may be issued by the Local Liquor Control Commissioner until all
information and documentation required in the application has been provided, all of the
reports from the various departments and agencies with respect to background checks
have been completed and all fees have been paid. The foregoing notwithstanding, the
Local Liquor Control Commissioner may, at the Commissioner's sole discretion, issue a
temporary license prior to the completion of a background check under the following
cimumstances:
A The temporary license shall not exceed ninety (90) days.
B. No information currently exists which would cause the applicant to be
ineligible for a license.
C. The licensee has demonstrated, in writing, that the business will most likely
not survive if the license is not granted immediately.
D. The licensee executes a release and hold harmless statement that is
satisfactory to the Village Attorney and absolutely absolves the Village, its
officers or employees of any liability for the refusal of the Local Liquor
Control Commissioner to subsequently issue a regular license.
Sec. 13.111. Compensation, Powers and Duties of Local Liquor Control
Commissioner.
A. The Local Liquor Control Commissioner shall receive as compensation the sum of
three thousand dollars ($3,000.00) annually, payable in twelve (12) equal monthly
installments.
B. Any change in the compensation or fringe benefits provided for the Local Liquor
Control Commissioner shall be made by ordinance adopted not less than one
hundred twenty (120) days nor more than one hundred fifty (150) days prior to the
date set for the election of the Village Trustees.
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C. The Local Liquor Control Commissioner shall have all of the powers, functions and
duties delegated to that office by the Illinois Compiled Statutes and the ordinances
of the Village. This shall include, but in no way shall be limited to, the power to
require any licensee, at any time, to produce any and all records, that directly or
indirectly rela. te to the operation of the licensee's premises.
D. In addition to any other powers set forth in this Chapter 13, the Local Liquor Control
Commissioner may immediately suspend, pending a hearing within fifteen (15) days
of service of notice of suspension, the privilege of delivering alcoholic beverages of
any licensee who does not display a currently valid state or local liquor license or
who in the judgment of the Local Liquor Control Commissioner is operating the
business in such a manner as to endanger the health or safety of patrons of the
premises or of the community.
Sec. 13.112. Penalties Upon Hearing Before the Local Liquor Control
Commissioner.
Upon due investigation of any claim of violation, the Village Manager, Village
Attorney or Village Prosecutor may file charges with the Local Liquor Control
Commissioner alleging such a violation. The Local Liquor Control Commissioner shall then
have the authority to conduct a public hearing, pursuant to the required public notice, on
those charges in accordance with this Chapter 13. Additionally, if a written complaint of
a violation by a licensee, attested to by any five Village residents, is made to the Local
Liquor Control Commissioner, the Commissioner shall, within thirty days of receipt of the
complaint, either schedule a hearing on the complaint or respond to the residents in writing
explaining why a hearing is not necessary.
A. After a hearing on any alleged violation, if the Village President, as Local Liquor
Control Commissioner, finds that there was any violation of the ordinances of the
Village or statutes of the State, or that there was any other activity or omission of
the licensee for which a penalty should be imposed, the Local Liquor Control
Commissioner may suspend or revoke any retail liquor dealer's licenses, or may fine
the licensee. The fine may be in addition to a revocation or suspension.
1. If the Commissioner decides to suspend the license, the term of the
suspension shall not be less than one day nor more than thirty (30) days.
2. If the Commissioner elects to fine the licensee, the amount of the fine shall
not be less than fifty dollars ($50.00) nor more than two thousand five
hundred dollars ($2,500.00). However, any failure of a license to fulfill an
affirmative duty set forth in this Chapter 13 shall subject the licensee to a
mandatory minimum penalty of five hundred dollars ($500.00).
3. If the Commissioner finds the licensee to be guilty of any charges, the
licensee will be responsible for all costs incurred for a hearing before the
Local Liquor Control Commissioner, including, but not limited to court
reporter fees, witness fees and attorneys fees. This shall be in addition to
any other penalties assessed against the licensee.
B. All proceedings before the Local Liquor Control Commissioner shall be recorded
and placed in a certified official record of such proceedings taken and prepared by
a certified court reporter.
C. The appeals procedure as set forth by the President and Board of Trustees of the
Village under Resolution 3-72 of the Village are as set forth in this Section,
including:
1. In the event of any appeal from an order or action of the Local Liquor Control
Commissioner, the appeal to the Illinois State Liquor Commission shall be
limited to a review of the official record of the proceedings before the Local
Liquor Control Commissioner. The only evidence which shall be considered
in the review by said State Commission shall be the evidence found in the
certified official record of the proceedings of the Local Liquor Control
Commissioner.
2. At sucl~ time as the Local Liquor Control Commissioner receives notice of an
appeal, the Local Liquor Control Commissioner shall file with the Illinois State
Liquor Commission the certified official record of the proceedings. The State
Commission shall review the propriety of the order or action of the Local
Liquor Control Commissioner on the certified official record as provided by
law,
Sec. 13.113. Transfer of License.
A. A license shall be purely a personal privilege, good for not to exceed one year after
issuance, unless sooner revoked as set forth in this Chapter. The license shall not
constitute property, nor shall it be subject to attachment, garnishment or execution,
nor shall it be alienable, voluntarily or involuntarily, or subject to being encumbered
or hypothecated. The license is not transferable either for consideration or not for
consideration. As to a closely held corporation, an illegal transfer will be deemed
to have been attempted and the license shall become null and void if any person
owning twenty percent (20%) or more of the stock transfers the stock to another
person who previously held less than fifty percent (50%) of the stock. As to a public
corporation, an illegal transfer will be deemed to have been attempted and the
license shall become null and void if there has been a buy out, a takeover or any
other transaction involving the sale or transfer of more than fifty percent (50%) of
the stock or assets of the corporation.
A license issued to an individual or a partnership shall cease upon the death of the
licensee or a partner of a licensee and shall not descend by the laws of testate or
intestate devolution. However, the executors or administrators of the estate of any
deceased licensee, and the trustee of any insolvent or bankrupt licensee, when the
estate consists in part of alcoholic liquor may, upon written notice to the Local
Liquor Control Commissioner, continue the business of the sale of alcoholic liquor
under the order ofthe appropriate court. In such cases, the executor, administrator,
or trustee may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the death of decedent, or such insolvency or bankruptcy until the
expiration of the license, but not longer than six (6) months after the death,
bankruptcy or insolvency of the licensee.
If a corporation to whom a license has been issued is ordered into receivership or
files for bankruptcy, the receiver or trustee may continue the operation of the
business under the existing license under order of the appropriate court until the
expiration of the license or until the passage of six (6) months from the date of
appointment of a receiver or trustee whichever comes first.
Upon the death of any person owning five percent (5%) or more of the shares in a
closely held corporation, the Local Liquor Control Commission shall be notified and
if the shares are transferred to a person who is not currently named in the
application as a shareholder, then the licensee shall apply for a new license.
Sec. 13.114. Renewal of License, Decrease in Available Licenses.
Any licensee may apply to renew the license upon expiration, provided, that the
applicant is then qualified to receive a license and the premises for which the renewal
license is sought are suitable for that purpose. This renewal privilege shall not be
construed as a vested right, but shall be completely subject to the Local Liquor Control
Commissioner's right of review of the licensee's background and history of operation in
Mount Prospect. Further, the corporate authorities shall not be prevented from decreasing
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the number of licenses available in any or all classifications within the Village of Mount
Prospect. If the number of licenses in any or all classifications are decreased, the licenses
may be eliminated on the basis of seniority, so that the premises holding a license the least
amount of time shall be eliminated first. However, the Local Liquor Control Commissioner
may, with an accompanying written statement, eliminate licenses in those instances on the
basis of quality of operation of the premises, considering such matters as charges before
the Local Liquor Control Commissioner, the State Liquor Commission or other law
enforcement issues and/or on the basis of articulable benefit or lack of benefit to the
Village.
Sec. 13.1'15. Change of Location.
A retail liquor dealer's license shall permit the sale of alcoholic liquor only on the
premises described in the application and license. The location may be changed only
upon written permission issued by the Local Liquor Control Commissioner. A change of
location shall be within the sole discretion of the Local Liquor Control Commissioner.
Additionally, the Local Liquor Control Commissioner may, in writing, grant permission to
holders of Park District Licenses to sell alcoholic beverages at more than one location.
Sec. 13.1.16. Consumption on Premises.
A. No liquor shall be sold, offered for sale, kept for sale, displayed or advertised for
sale or delivered to any person except at the location, place or premises described
in the liquor license.
B. It shall be unlawful for anyone not having a license which provides for consumption
on the premises where sold, to offer for sale, deliver or donate any alcoholic
beverage for consumption on the premises, or to permit the same to be consumed
on the premises where sold or donated.
1. The Local Liquor Control Commissioner, however, may grant a daily permit
to any General Package, Wine Only Package, or Wine and Beer Only
Package licensee under this Chapter, which permit shall authorize the
delivery, without charge, of alcoholic liquor by such licensee in small and
limited amounts for sampling purposes only in conjunction with sales
promotional efforts occurring on the licensed premises. Such a permit shall
include the following conditions and limitations:
a. The sampling shall be attended and supervised by a full-time
employee and only in a designated area on the licensed premises;
b. The actual amount of alcoholic liquor or wine sampled by an individual
may not exceed one ounce;
c. The sample shall be served in a single use container which shall be
disposed of following the sampling;
d. Them shall be no advertising of the availability of "sampling" by
advertising materials visible outside the licensed premises; and
e. Them shall be a permit fee of ten dollars ($10.00) per day for the
issuance of such permit.
2. It shall be unlawful to consume or permit the consumption of alcoholic
beverages in public restaurants, catering establishments or other places of
public gathering not having the appropriate liquor license.
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3. It shall be unlawful for any licensee to sell and/or offer for sale at retail
alcoholic liquor in other than its original package, except for consumption on
the premises where sold.
Sec. 13.117. Restrictions on Premises.
A. No license shall be issued for the sale at retail of any alcoholic liquor within one
hundred feet (100') of any church, school, hospital, home for aged or indigent
persons or for veterans, their spouses or children or any military or naval station or
any undertaking establishment or mortuary. This prohibition shall not apply to
motels or hotels offering restaurant service, regularly organized clubs, restaurants,
food shops or other places where the sale of alcoholic liquors is not the principal
business, if the place of business was established for such other principal purpose
prior to March 18, 1975.
B. The display and sale of alcoholic liquor in its original package under a General
Package License in premises where any other commodities are sold or offered for
sale, shall be conducted only in a portion of the premises set aside or physically
separated from that portion of the premises used in conjunction with the display or
sale of such other commodities. The sale of tobacco products is not subject to this
separation requirement.
C. Notwithstanding any provision of this Chapter 13 to the contrary, it shall be unlawful
for a General Package License or a Wine and Beer Only Package Licensee who
sells alcoholic liquor as a part of, but not as, its principal business to consummate
the sale of alcoholic liquor except at a counter with a cash register designated to be
used for sale of alcoholic liquor and which cash register is operated by a person of
at least nineteen (19) years of age. No more than two (2) cash registers may be
designated for the sale of alcoholic beverages and to the extent practicable shall be
separated from the remaining cash registers and checkout lines in the
establishment.
D. Notwithstanding provisions of Chapter 14 (Zoning Ordinance) or Section 9.115 of
Chapter 9 (Streets and Sidewalks) it shall be unlawful for any licensee to serve or
permit the consumption of alcoholic beverages in any outdoor area when any
portion of the area is located within three hundred feet (300') of any residential
zoning district in the Village of Mount Prospect.
Provided, however, that any licensee that commenced the conduct of business in
an outdoor area within three hundred feet (300') of a residential zoning district prior
to January 1, 1989, may continue to operate the outside service area according to
the following schedule: service of alcoholic liquor to any outdoor area of a licensed
premises shall be prohibited after nine thirty o'clock (9:30) p.m. and the outdoor
area must be closed and empty of patrons by ten o'clock (10:00) p.m.
Sec. '13.'i18. Closing Hours; Sunday Closing.
A. It shall be unlawful for any licensee holding a liquor license in a classification other
than General Package License, Park District License, Wine and Beer Only Package
License or Wine Only Package License to sell, offer for sale, or deliver any
alcoholic liquor in the Village or to permit any person to consume any alcoholic
liquor in or on any premises for which a license providing for consumption on the
premises has been issued pursuant to this Chapter 13, between the hours of one
o'clock (1:00 a.m. to eleven o'clock (11:00) a.m. on Monday through Friday
inclusive; between the hours of two o'clock (2:00) a.m. and eleven o'clock (11:00
a.m. on Saturday; between the hours of two o'clock (2:00) a.m. and twelve o'clock
(12:00) noon on Sunday; and on January 1 of each year said closing hours shall be
from four o'clock (4:00) a.m. to twelve o'clock (12:00) noon. If any persons other
than the licensee or the licensee's employees are on the premises after the
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aforesaid hours and there are alcoholic beverages in any form or container other
than in the corked or re-closed place of display or storage, it shall be presumed that
a violation of this section has occurred. All unfinished drinks shall be cleared from
the bar within ten minutes after closing time.
B. It shall be unlawful for any licensee holding a Class General Package License, Wine
and Beer Only Package License or Wine Only Package liquor license to sell or offer
for sale any alcoholic liquor in the Village between the hours of one o'clock (1:00
a.m. to eight o'clock (8:00) a.m. on Monday through Friday inclusive; between the
hours of two o'clock (2:00) a.m. and eight o'clock (8:00 a.m. on Saturday; between
the hours of two o'clock (2:00) a.m. and twelve o'clock (12:00) noon on Sunday; and
on January 1 of each year said closing hours shall be from four o'clock (4:00) a.m.
to twelve o'clock (12:00) noon.
C. It shall be unlawful for any licensee holding a Park District License to sell or offer for
sale any alcoholic liquor at retail in the Village or to permit any person to consume
any alcoholic liquor in or on any premises for which a license providing for
consumption on the premises has been issued other than between eleven o'clock
(11:00) a.m. and ten o'clock (10:00) p.m. on Monday through Friday, inclusive;
between the hours of eleven o'clock (11:00) a.m. on Saturday and two o'clock (2:00)
a.m. on the following Sunday; and between the hours of twelve o'clock (12:00) noon
and ten o'clock (10:00) p.m. on Sunday.
D. It shall be unlawful for any premises for which a retail liquor dealer's license has
been issued pursuant to this Chapter to remain open for business or to admit or
permit to remain any persons other than employees on any licensed premises
dudng the hours within which the sale of liquor is prohibited. Retail establishments,
restaurants and clubs may be kept open during such hours, but no alcoholic liquor
may be sold, consumed by the public, or remain on tables or a bar during such
hours. Nothing contained in this Section shall be deemed to authorize any retail
establishment, restaurant or club to remain open for business or to admit the public
to the premises at or during any hour when that premises is required to be closed
by virtue of the regulations or restrictions imposed by any other provisions of this
Village Code.
Sec. 13.1'19. Peddling.
It shall be unlawful to peddle alcoholic liquor in the Village.
Sec.'13.120. Compliance with Building, Sanitary, Safety and Other
Regulations of the Village.
All premises used for the sale of alcoholic liquor, or for the storage of such liquor
for sale shall be kept in full compliance with all other regulations of the Village, including
but not limited to those relating to the storage or sale of food, sanitary conditions and
safety conditions.
Sec. 13.121. Entertainment.
No entertainment shall be permitted on any licensed premises if that entertainment
is audible at any point beyond the boundaries of the licensed premises. "Licensed
Premises", in this instance, shall not apply to a license issued pursuant to Section
13.107(C) so long as the licensee complies with all other conditions of the license and all
other regulations of the Village of Mount Prospect. Further, a licensee may apply, in
writing, to the Office of the Village Manager for permission to hold one event per year not
to exceed seventy-two (72) hours in duration when live music may be played outdoors on
the licensed premises. No such live music may be played between the hours of 11:00 p.m.
and 11:00 a.m. and the Village Manager may attach such other conditions to the permit as
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may be advisable to protect the peace and quiet of the surrounding area. Further, the
Local Liquor Control Commissioner, the Village Manager or his designate of either, shall
have the absolute right, for cause and without the necessity of a hearing, to order the
immediate cessation of such live music.
Sec, 13,122. Prohibited Conduct.
The following kinds of conduct are prohibited on premises in this Village which are
licensed to sell alcoholic liquor:
A. The performance of acts, or simulated acts, of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts which are
prohibited by law.
B. The actual or simulated touching, caressing or fondling of the breasts, buttocks,
anus or genitals.
C. The actual or simulated display of the breasts, pubic hair, anus, vulva or genitals.
D. The permitting by a licensee of any person to remain in or upon the licensed
premises who exposes to public view any portion of his or her genitals or anus.
E. The displaying of films or pictures depicting acts, which if performed live are
prohibited by this Section.
Sec. '13.'123. Fighting Prohibited; Licensees Conduct.
A. Fighting, by patrons, either inside a licensed premises or any place outside the
premises that is owned or leased by and used for the licensed premises or on any
public way adjacent to the licensed premises is prohibited. For the purpose of this
Section, fighting shall mean any threatening or touching of another person which
provokes or tends to provoke a breach of the peace. If self defense is offered as
a defense to a charge of fighting, that defense must be established by the
presentation of clear and convincing evidence. Any person violating this Section
shall be fined not less than two hundred fifty dollars ($250.00).
B. A summary of Section 13.123A shall be prominently displayed in letters not less
than one inch (1") high in all premises holding a Combination License, Tavern
License, Club License, Catering License, Food Court License, Park District License,
Supper Club License, Hotel License, Restaurant Only License, Restaurant with
Lounge License, Bowling Alley License or Restaurant, Wine and Beer Only
Licenses. The notice shall further state that any person in a licensed premises
observing a fight shall immediately notify the Village Police Department.
C. Each licensee shall maintain a peaceful and orderly business premises. This shall
be accomplished by establishing and maintaining the optimum precautions and
actions that are practical to deter and prevent fighting. This is referred to as the
maintenance of order standard. The duty to prevent fighting shall be applicable
both to precautionary and training matters and to the steps taken once a fight
breaks out or is in imminent danger of breaking out. If a fight does occur, the Local
Liquor Control Commissioner shall have the right to conduct a hearing to consider
the circumstances surrounding the fight and to determine the extent to which the
licensee failed to adhere to the "maintenance of order standard." At such a hearing,
the Local Liquor Control Commissioner may consider the following matters, among
others:
1. Prior incidents of reported or unreported fighting.
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2. Whether any fight participant was intoxicated and the extent to which the
intoxication occurred on the premises.
3. Whether any participant was served by the licensee after the participant's
intoxic,ation should have been evident to the licensee.
4. Whether any participant was intoxicated and whether the licensee had an
opportunity to affect that person's removal from the premises.
5. The degree of expediency the licensee observed in calling the police when
it should have been evident that a fight was imminent.
6. The actions of the licensee in reacting to the fight.
7. The extent and type of training given to the licensee's employees in such
matters as recognizing intoxication, overserving and prevention of
altercations.
8. Whether minors were involved in the fighting.
9. The sufficiency or number of persons on duty and employed by the licensee
at the time of the fight.
Considering all of the circumstances brought into evidence at the hearing, the Local
Liquor Control Commissioner shall make a determination of whether the licensee
violated the "maintenance of order standard." If it is determined that a violation
occurred, the Local Liquor Control Commissioner may impose any penalty set forth
in Section 13.112 of this Chapter up to and including license revocation.
D. The following procedure shall be observed by a licensee with respect to fighting:
1. The licensee or the licensee's agent or employee on the premises shall notify
the Village Police Department immediately when the licensee knows or in the
exercise of ordinary judgment should know that a fight is occurring or
imminent.
2. In addition, within forty eight (48) hours of the occurrence, the licensee shall
file with the Village Liquor Control Commissioner a report on a form provided
by the Village containing the following information:
a. The number of the persons involved in the fight;
b. The approximate amount of alcohol consumed at the premises by
each person involved in the fight;
c. What action, if any, was taken by the licensee to prevent the fight;
d. What action, if any, was taken by the licensee subsequent to the start
of the fight;
e. The licensee's opinions as to why the fight occurred.
E. Failure by the licensee to give immediate notification to the Mount Prospect Police
Department of a fight on a licensed premises or failure to file a report as required
in Subsection (D) with the Liquor Control Commissioner shall subject the licensee
to a mandatory fine of $500 and a possible suspension or revocation of the Village
liquor license. For purposes of this Section the word "immediate" shall refer to such
time as one party threatens another or actually commences fighting with another.
F. The provisions of this Section 13.123 shall not generally apply in circumstances
where alcohol is used in an individual guest room within a hotel or where alcohol is
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mixed an(~ poured at the hotel bar but it is delivered to a separate banquet or
meeting room. This Section shall apply to any other delivery of alcohol at a hotel,
including but not limited to, delivery in the restaurant or lounge or in those cases
where a bar is set up in an area away from the main bar for the convenience of
banquet or meeting room guests.
Sec. 13.124. Dram Shop Insurance.
Every licensee shall be required to obtain and maintain Dram Shop insurance
coverage and every person who owns, rents, leases as lessor or permits the occupation
of any building or premises with knowledge that alcoholic liquors are to be sold there, or,
who leases the premises for other purposes but knowingly permits the sale of any alcoholic
liquors, shall be required to carry host liability insurance coverage for such facility. Each
shall carry coverage in an amount at least equal to the maximum insurance limits of
exposure set forth in the lllinois Compiled Statutes, 5/6-21 235.
Sec. 13.'125. Conduct of Employees and Agents.
The following shall apply to employees and agents of licensees:
A. Any act or failure to act of an employee of either the licensee or a management
company with respect to the licensed business shall be deemed to be the act of the
licensee.
B. No employee or other deliverer of alcohol may consume or be permitted to consume
any alcoholic liquor on the licensed premises while on duty or while performing any
duties of employment.
C. No person, including any employee, manager, owner or agent of the licensee may
consume alcoholic liquor on the licensed premises before or after the permitted
hours of operation.
Sec. 13.126. Sale to Intoxicated Persons; Habitual Drunkards, Others.
It shall be unlawful for any licensee to sell, deliver or give any alcoholic liquor to any
of the following:
1. An intoxicated person;
2. A person known to the purveyor to have been involved previously in a fight
in the establishment.
Sec. '!3.127. Prohibited Sale or Promotion of Alcoholic Beverages.
A. All licensees selling alcoholic beverages to be served and consumed on the
licensed premises are prohibited from engaging in any of the following practices:
1. Delivery of more than two (2) drinks to one person at a time even if the drinks
are purportedly purchased for more than one individual.
2. Sale, offer or delivery to any person, an unlimited number of drinks during
any set period of time for a fixed price, except at private functions not open
to the public. (2 for 1 Nights)
3. Sale, offer or delivery of drinks to any person or group of persons during any
period of a day at prices less than those charged to the general public during
the rest of the same calendar day except at private functions not open to the
public. (Happy Hours)
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4. Increasing the volume of alcoholic liquor contained in a drink without
increasing proportionately the price otherwise charged for such a drink
during the same calendar week.
5. Encouraging or permitting any game or contest which involves drinking or the
awarding of drinks as prizes on the licensed premises.
No licensee shall advertise or promote in any way, whether within or without the
licensed premises, any of the practices prohibited under this Section.
B. The prohibition contained in this Section shall not prevent liquor licensees from:
1. Offering free food or entertainment at any time.
2. Including a drink as part of a meal package.
3. Free wine tasting as permitted by Subsection 13.116(B)1.
4. Offering room service to registered guests in hotels licensed for such
services.
Sec. 13.128. Prohibited Sale of Refrigerated Alcoholic Liquor in Single
Containers.
Any licensee holding a Combination License, General Package License, Wine and
Beer Only Package License, or Wine Only Package License shall be prohibited from selling
or offering for sale single containers of refrigerated or chilled alcoholic liquor for
consumption on the premises where sold, where the single container has a capacity of less
than seven hundred fifty milliliters.
Sec. 13.129. Regulations with Respect to Underage Persons.
Nothing in this Section shall prohibit any persons under the age of twenty one (21)
years but at least nineteen (19) years of age from delivering alcohol to customers.
However, no person under 21 years of age may sell or otherwise deliver alcohol from
behind a bar, mix any drink, or pour any drink other than beer or wine for patrons who are
seated at a table.
A. It shall be unlawful for any holder of a retail liquor dealer's license to allow any
person under the age of twenty one (21) years to:
1. Be seated at a bar; or
2. Remain in or be seated in the lounge unless accompanied by a parent. This
subparagraph (2) shall apply only to those lounges where the seating at
tables with the full service of the establishment's food menu is not available.
B. It shall be unlawful for any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age to consume, purchase, accept a gift of or have
such alcoholic liquor in his or her possession. The prohibitions set forth in this
subsection (B) shall not apply in the circumstances described in Section
13.130(C)(1) and (2).
C. If a licensee, in the exercise of ordinary judgment, should have reason to believe
that a sale or delivery of any alcoholic liquor is prohibited because of the age of the
prospective recipient, the licensee shall, before making such sale or delivery,
demand presentation of a form of positive identification, containing proof of age,
issued by a public officer in the performance of his or her official duties. (See
Section 13.131)
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D. No person shall transfer, alter or deface any identification card; use any
identification card of another; carry or use a false or forged identification card; obtain
an identification card by means of false information; or otherwise misrepresent age
for the purpose of purchasing or obtaining alcoholic liquor in the Village of Mount
Prospect. (See Section 13.131)
E. In every place in the Village where alcoholic liquor is sold there shall be displayed
at all times in a prominent place a printed card which reads substantially as follows:
"UNDERAGE DRINKING"
If you are under 2t, you are subject to a mandatory fine of $500.00 if
you purchase any alcoholic liquor. If you misrepresent your age for the
purpose of purchasing or obtaining any alcoholic liquor, you will also
be subject to restricted driving privileges within the Village of Mount
Prospect. If you buy for or deliver an alcoholic beverage to an
underage person, you will be subject to a mandatory fine of $1,000.00.
Sec. 13.130. Consequences of Facilitating the Use of Alcoholic Beverages by
Underage Persons.
A. Delivery of Alcoholic Beverage to an Underage Person. It shall be unlawful for any
person, regardless of relationship, age or circumstances, to deliver any alcoholic
beverage to any underage person, except as set forth in Subsection (C).
B. Use of Premises for Consumotion of an Alcoholic Beverage. It shall be unlawful for
any person to knowingly permit or to knowingly or negligently fail to prevent, on
premises under his or her control, the consumption of an alcoholic beverage by an
underage person. This Section shall apply to residential, public and commercial
premises.
C. ExceDtions. Subsections (A) and (B) of this Section shall not apply in the following
circumstances:
1. The performance of a bona fide religious service.
2. The delivery of an alcoholic beverage within the home to an underage
person, by and under the direct supervision of that underage persons'
parent. However, the following rules shall be applied to this Subsection (C)2:
a. In any prosecution of an underage person for the commission of any
State or local offense, the prosecutor, upon reasonable grounds, may
request a ruling and the court shall rule as to whether the
consumption of an alcoholic beverage, as permitted by the parent,
was a contributing factor to the commission of the offense. If it is so
determined in the affirmative, then the penalty set forth in Subsection
(D) of this Section shall apply. For purposes of this Subsection, the
consumption of alcohol may be determined to be a contributing factor
if it had the effect of substantially causing an impairment to the person
as impairment is defined in this Chapter. It need not be shown that,
but for the consumption of alcohol, the offense would not have been
committed.
b. The parent shall remain vicariously liable as set forth in Subsection
(E) of this Section.
D. Penalty. Any person found guilty of violating Subsection (A) or (B) of this Section
shall be fined in the mandatory amount of one thousand dollars ($1,000.00).
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E. Vicarious Liability of a Parent or Other Person Facilitating the Use or Abuse of
Alcoholic Beverages. The following persons shall be liable to any individual who
has been injured by an alcohol impaired underage person when the impairment is
a contributing cause of the injury:
1. Any person who delivered or permitted the delivery of an alcoholic beverage
to the underage person. The person making or permitting the initial delivery
to an underage person remains liable to anyone injured by the same or
different underage person regardless of how many times the alcoholic
beverage changed hands.
2. Any person in control of a premises, who knowingly or negligently fails to
maintain supervision to such an extent that an alcoholic beverage is
consumed on the premises byan underage person.
3. Any person who knowingly or negligently allows the operation of a motor
vehicle under his or her control by an underage person, when the person
knew or in the exercise of ordinary judgment should have known that the
underage person was either impaired or had consumed any amount of
alcohol within two (2) hours prior to when the allowance to drive occurred.
The vicarious liability established by this Section shall not be subject to the
limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21.
Sec. 13.131. Use of False Identification.
Any underage person found guilty of attempting to obtain delivery of an alcoholic
beverage by use of false proof of age shall be subject to a mandatory fine of five hundred
dollars ($500.00). If the false proof of age was an improperly used driver's license, the
person so using it shall not be permitted, for a period of six (6) months, to operate a motor
vehicle within the corporate limits of the Village of Mount Prospect unless accompanied by
a licensed driver over thirty years of age. (See Section 13.135).
Sec. 13.132. False Identification not a Defense.
It shall not be a defense to any action brought criminally, civilly or administratively
against any liquor licensee or any other person charged with the delivery of any alcoholic
beverage to an underage person that such a person produced false identification or proof
of age. The person or persons hearing and deciding the charges may consider such a
claim when determining the penalty to be assessed or the apportionment of damages.
Sec. 13.133. Operation of a Motor Vehicle While in a State of Impairment.
it shall be unlawful for any underage person to operate a motor vehicle on a street
or highway of the Village while in a state of impairment due to the consumption of an
alcoholic beverage or with any alcohol at all in his or her system. For purposes of this
Section only, operation of a motor vehicle shall have the definition ascribed to it in the
Illinois Vehicle Code rather than the definition set forth in Section 13.101 of this Chapter.
Sec. 13.134. Operation of a Motor Vehicle by Underage Persons with an
Alcoholic Beverage in or on the Vehicle; When the Underage
Person is Impaired Due to Alcohol or has Alcohol in the system
or is Operating the Vehicle in Violation of a Restriction Pursuant
to this Chapter.
The following shall apply when any underage person is found in the Village,
operating any motor vehicle in which or on which is found any alcoholic beverage, or when
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the underage person is in a state of impairment due to consumption of alcohol or to have
alcohol in the system or is found operating a motor vehicle in violation of a restriction
pursuant to this Chapter:
A. The motor vehicle shall be subject, to immediate impoundment by the Police
Department.
B. The following factors shall not be considerations in determining whether or not to
impound the motor vehicle:
1. Whether the alcoholic beverage is in an opened or an unopened container.
2. Whether the operator is the owner of the alcoholic beverage in the vehicle.
3. Whether the operator had knowledge of the existence of the alcoholic
beverage within the motor vehicle.
C. Upon impoundment, the motor vehicle may be released only to another person
showing proof of ownership or lease rights to the motor vehicle.
1. If the underage operator is the owner or lessor of the vehicle, then the
vehicle may be released only to a parent or spouse of the underage owner.
If the underage person has no parent or spouse living in the immediate area,
the vehicle may be released, upon satisfactory proof of such fact, as set forth
in Subsection (D).
D. The motor vehicle may not be released to any person who was a passenger in the
motor vehicle at the time the alcoholic beverage or impairment was found unless at
least twenty four (24) hours have passed from the time of the finding.
E. The vehicle shall not be released until the person seeking the release has paid Two
Hundred Fifty Dollars ($250.00) to reimburse the Police Department for its
administrative costs plus any storage fees.
F. If the operator is subsequently found guilty of driving with open alcohol in a motor
vehicle or possession of alcohol by a minor or of operating a motor vehicle while
impaired pursuant to Section 13.133 of this Chapter, that person shall not be
permitted for a period of six (6) months to operate a motor vehicle on any public way
within the limits of the Village of Mount Prospect unless accompanied by a licensed
driver over thirty years of age.
G. The above obligations and penalties shall be in addition to the penalties that may
be assessed in a court of law for any charges incident to the stop.
H. Any law enforcement officer, the Police Department and the Village and any of its
officers or agents shall be absolutely immune from any liability or exposure to
liability of any kind or nature for the enforcement or implementation of this Section.
Sec. 13.135. Procedure for Driving Restriction Notification; Hearing,
· A. If a person has committed a violation that subjects the person to a restriction on
driving in Mount Prospect, such a restriction shall not take place until the Village of
Mount Prospect Police Department has sent, by regular mail, a notice of the
pending driving restriction. The notice shall be mailed at least two (2) weeks before
the restriction is to go into effect and shall contain (a) a statement that the restriction
applies only to the Village of Mount Prospect; (b) the date the restriction is to go into
effect and the date on which it ends; (c) a map showing the Mount Prospect Village
limits; (d) a notice that the operator has the right to request a hearing within ten (10)
days of notification to determine the validity of the restriction. The validity of the
restriction may be challenged only on the grounds that the person was not the
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actual person found guilty or that there was no finding of guilty for the underlying
offense.
B. The hearing shall be conducted by a supervisory member of the Village of Mount
Prospect P,olice Department, appointed by the Chief of Police and 'whose
determination shall be final.
Sec. 13.136. Penalty for Violating Driving Restriction.
A. Restriction. No person shall operate and no person, including a parent, shall permit
another to operate a motor vehicle within the corporate limits of the Village .in
violation of the restrictions set forth in Sections 13.130 or 13.134(F).
B. Penalty. Any person found guilty of violating this Section shall be fined in the
mandatory amount of five hundred dollars ($500.00).
Sec. 13.137. Penalties; General.
Unless another penalty is set forth in this Chapter, every person found guilty of a
violation of any of the provisions of this Chapter shall be subject to a fine of not less
than one hundred dollars ($100.00), nor more'than five hundred dollars ($500.00) for
each offense. A separate offense shall be deemed to have been committed on each
day during or on which a violation occurs or continues. Any fines set forth in this
Chapter shall be assessed regardless of whether the violator is convicted or placed on
supervision by the court. If the court is of the opinion that the ends of justice would be
better served by requiring community service of the violator or a combination of a fine
and community service, the fine may be mitigated at a rate of one hour of community
service for every ten dollars ($10.00) of the mandatory fine. Fines assessed by the
court against any offender may be in addition to any penalty assessed against a
licensee in any administrative proceeding.
SECTION 2: That all Ordinance of parts of Ordinances in conflict herewith are
hereby repealed.
SECTION 3: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form in the manner provided by law.
AYES: Clowes, Hoefert, Skowron, Wilks
NAYS: Hendricks
ABSENT: Corcoran
PASSED and APPROVED this 16~..hdaY of August ,1994.
Village President Pro Tem
A~EST:
Carol A. Fields
Village Clerk
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