HomeMy WebLinkAboutIV. Chapter 13 Liquor Code Revisions
Mount Prospect
INTEROFFICE MEMORANDUM
Village of Mount Prospect
Mount Prospect, Illinois
TO:
FROM:
MICHAEL JANONIS, VILLAGE MANAGER
DOREEN JAROSZ, ADMINISTRATIVE ASSISTANT
MICHAEL DALLAS, ADMINISTRATIVE ANALYST
JANUARY 9,2009
REVISE CHAPTER 13 (LIQUOR CODE)
DATE:
SUBJECT:
PURPOSE
To obtain the Village Board's approval to replace Chapter 13 of the municipal code entitled "Alcoholic Liquors"
with a comprehensive revision that addresses many of today's business practices as it relates to the service of
liquor, as well as presents the regulations in a more organized and concise manner.
BACKGROUND
Over the course of the last thirty-four years, Chapter 13 of the municipal code entitled "Alcoholic Liquors"
(hereinafter "Liquor Code") has been comprehensively revised only twice (1975 and 1994). Today, the current
version of the Liquor Code fails to adequately address many of the demands presented by the business
community and consumers including wine and beer tasting; promotional, charity, and outdoor entertainment
events; corkage; wine by the glass; and taking a partially consumed bottle of wine home. Moreover, some of
the language in the current Liquor Code is no longer relevant. Accordingly, during the last eighteen months,
Staff has meticulously reviewed the Liquor Code, as well as the current liquor license application process, and
drafted a revised version that addresses these issues.
DISCUSSION
Since the Liquor Code has been significantly changed in content and format, it is cumbersome and potentially
confusing to list each provision and describe how it is different. It is much easier to read the revised Liquor
Code (Exhibit B) in its entirety and note any specific concerns. A copy of the current Liquor Code (Exhibit A) is
included for reference. Notably, when reviewing the revised Liquor Code, please pay specific attention to the
following sections below as they have been significantly revised:
1. Section 13.101: New definitions have been added and some have been deleted.
a. Added
b. Deleted
1) Acting in the Course of Business
2) Adult
3) Alcohol Awareness Training
4) Banquet Facility
5) Certification
6) Corkage
7) Customer Bar
8) Dram Shop Insurance
9) Flight of Wine
10) Licensed Premises
11) License Term
12) Permit
13) Service Bar
1) Delivery
2) Drive-In
3) Retail Sale
4) Self-Service Kitchen
5) Supper Club
H:\VILM\MDallas\Liquor License Efficiency Project\Process Improvement\COW Meeting 1-13-09\Liquor License Support Memo.doc
Revised Chapter 13 (Liquor Code)
January 9, 2009
Page 2
14) Service of Alcoholic Beverages (or "Service")
15) Service of Alcoholic Beverages for Value
16) Service of Alcoholic Beverages (Regulated)
2. Section 13.204: The liquor classifications have been reorganized into three separate types: (1)
licenses, (2) permits, and (3) certifications. Licenses have been subdivided into Package, Food
Service, and Specialty Licenses; and permits have been subdivided into Temporary and Annual
Permits. The following bullets identify the major provisions that have changed in this section.
a. Liquor licenses:
1) Liquor licenses that have been eliminated or modified:
(a) Combination License (eliminated)
(b) Catering License (transformed into the Banquet Facility License and two different
catering permits)
(c) Food Court License (eliminated)
(d) Park District License (transformed into the new Golf Course License)
(e) Supper Club With Entertainment License (eliminated)
(f) Self-Service Kitchen License (eliminated)
2) New liquor licenses:
(a) Banquet Facility License
(b) Golf Course License
(c) Gourmet Beverage Shop License
b. Liquor permits: The revised Liquor Code more clearly defines each available liquor permit
and the regulations associated with them. The following list of permits and their regulations
are not addressed in the current Liquor Code, Section 13.107 (C), (D), and (E).
1) Non-Mount Prospect Caterer's Permit
2) Mount Prospect Caterer's Permit
3) Daily Sampling (tasting) Permit
4) Temporary Outdoor Entertainment Permit
5) Promotion Permit
c. Liquor certifications: Two new liquor certifications, Outdoor and Management Entity
Certifications, have been created. Both are already substantially addressed in content in the
current Liquor Code (Sections 13.117 and 13.104 respectively).
3. Section 13.410: This new section provides the consumer the ability to partially consume and remove a
bottle of wine from the premises of a Food Service or Gourmet Beverage Shop licensee using a
tamperproof, transparent bag as provided for by recent state legislation.
RECOMMENDATION
Staff recommends the Board review the Liquor Code revisions and identify any comments or concerns prior to
the First Reading. Importantly, Staff needs direction on the following topics:
1. Gourmet Beverage Shop License (Section 13.204.1 (C)(4))
a. The licensee's location is limited to a B-5 zoning district.
b. The licensee is permitted to serve glasses or flights of wine on their premises.
c. The beverage service limit is 10 ounces per day, 5 ounces per glass.
d. The licensee is permitted to serve wine or beer off their premises.
e. The licensee is permitted to serve wine at another business for a promotional event up to 20
Revised Chapter 13 (Liquor Code)
January 9, 2009
Page 3
times annually (does not include civic events as they are defined under Section 13.204.1
(D)(2)(a)(i)).
2. Daily Sampling (Section 13.204.1 (D)(2)(b)(ii)):
a. All Package licensees throughout the Village, as well as Gourmet Beverage Shop licensees,
are permitted to provide daily wine and beer tastings.
b. The beverage service limit is 10 ounces per day.
3. Temporary Outdoor Entertainment Permits (Section 13.204.1 (D)(2)(b)(iii)):
a. A liquor licensee is permitted to host one annual temporary outdoor entertainment event.
b. The event may run up to 72 hours.
4. Promotion Permits (Section 13.204.1 (D)(2)(b)(iv)): Retail establishments that do no normally serve
beer or wine are permitted to do so on an annual basis, once a year.
5. Serve a Bottle of Wine (Section 13.405 (C)(2)(e)): A Food Service liquor licensee is permitted to
bring a customer a bottle of wine to consume on the premises.
6. Corkage (Section 13.405 (E)): Customers are prohibited from bringing in a bottle of wine into a
restaurant to consume it.
7. Alcohol Awareness Training (Section 13.407 (F)): All employees who serve alcohol are required to
obtain alcohol awareness (BASSET) training, not just managers and supervisors.
8. Remove a Bottle of Wine (Section 13.410): Customers are permitted to remove a partially consumed
bottle of wine from the premises of a Food Service licensee using a transparent, tamperproof bag
provided by the liquor licensee. A date/time stamp receipt must accompany the bottle.
Doreen Ja sz
Administrative Assistant
MCD/dj
c: Irvana Wilks, Mayor
Dave Strahl, Assistant Village Manager
Everette Hill, Village Attorney
EXHIBIT A
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1/'1(Joo'1
CHAPTER 13
ALCOHOLIC LIQUORS
ARTICLE I
GENERAL PROVISIONS
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 BEVERAGES OR LIQUOR:
A. Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more
than one-half of one percent (0.5%) 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 ALCOHOLIC LIQUOR: The sale, giving or exchange of an alcoholic 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 RESTAURANT: A food service establishment with or without 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
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performance whether or not using sound amplification.
FALSE IDENTIFICATION: Any document used for identification or proof of age that has been
altered or defaced or that contains false or 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 LIQUOR LICENSE: That specific grant of the privilege and authority to a
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 CONTROL COMMISSION: The office of the mayor or the president of the
village; as assisted by appropriate legal counsel; this may include such other persons as the
mayor may appoint to aid in the exercise of the powers and the performance of the duties of
the local liquor control commissioner.
LOCAL LIQUOR CONTROL COMMISSIONER: The mayor or president of the board of
trustees of the village acting ex officio.
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 ORDER STANDARD: That standard by which it shall be determined
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
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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 of a 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.
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.
SELF-SERVICE KITCHEN: A place at which kitchen and dining facilities are: a) available for
rental by the public on a daily basis; and b) used for food service and preparation by the renter.
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 LIABILITY: That liability which is implied as a matter 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
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vegetables containing sugar, including such beverages when fortified by the addition of alcohol
or "spirits", as above defined. (Ord. 4664, 8-16-1994; amd. Ord. 5491,6-7-2005)
13.102: LICENSE REQUIRED:
A.lt 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 provisions 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 guestroom commonly
known as a minibar 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 restaurateur
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.
E.Alllicenses and permits issued pursuant to this chapter shall be displayed in a prominent
place and visible to patrons. (Ord. 4664, 8-16-1994; amd. Ord. 4801,7-2-1996)
13.103: APPLICATION FOR RETAILER'S LICENSE:
A. Application for a local retailer's liquor license shall be made to the village president as local
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 nonrefundable application fee as set forth in appendix At division II of
this code.
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.
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C. Before any license shall be issued to the applicant:
1. The applicant shall furnish to the village a surety bond in the amount set forth in
appendix A, division I of this code, against any violation by the principal, the principal's
agents or employees, of any of the terms of this chapter, 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 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. (Ord. 4664,8-16-1994; amd. Ord. 5189, 5-15-2001)
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, Le., sole
proprietorship, partnership or corporation. A management entity must qualify in the same
manner (other than for a surety bond and dramshop coverage) and meet the same standards
as a licensee.
The application shall be accompanied by a nonrefundable application fee as set forth in
appendix A, division II of this code, and no management entity may be qualified unless a
certification fee as set forth in appendix A, division II of this code, 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 on the premises, the management
company and the licensee shall be jointly and severally responsible. (Ord. 4664, 8-16-1994;
amd. Ord. 5189, 5-15-2001)
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
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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 this 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.
2. No liquor license shall be issued to any entity when a sole proprietor, partner, manager,
officer, director or five percent (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.
f. Has been found guilty of a gambling offense as prescribed by any subsections (a)(3)
through (a)(10) of section 5/28-1 of, or as prescribed by section 5/28-3 of, the criminal
code of 1961 44 , 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, 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.
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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 45 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. (Ord. 4664,8-16-1994)
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 May 1 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, 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 as set forth in appendix A, division II of this code.
(Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001)
13.107: LICENSES AND PERMITS:
A.Except as may be provided for the issuance of certain permits under the terms of subsection
C of this section, 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. The annual fee to be paid for such licenses shall be as set forth in appendix
A, division II of this code.
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 classifications):
a. Combination License: Class A, 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
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a valid combination license as of August 16, 1994.)
b. Tavern License: Class 8, 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.
c. Package Licenses:
(1) Class C, 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. No general
package license shall be issued for a premises whose primary business is the sale of
groceries or other products. No general package license shall be issued to any
establishment which also delivers gasoline for automotive vehicles on the same or
adjacent premises.
The number of general package licenses available at any time shall be limited as set
forth in subsection 13.1 DBA of this article.
(2) Class C 1, supermarket 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 article. No
supermarket 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 ten
thousand (10,000) square feet of floor area.
A C1 licensee may deliver gasoline for motor vehicles only if the sale and delivery of
gasoline take place from a building or structure that is physically separated from the
supermarket in which the sale of alcoholic liquors takes place.
d. Club License: Class D, 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
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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.
e. Catering License: Class E, 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. This shall include caterers who hold
a liquor license for specific premises either in the village or in another jurisdiction who are
delivering food and alcoholic liquors for a special event to a location other than the
licensed premises, which activity shall require a license issued on a daily basis.
f. Food Court License: Class F, 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 those 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.
g. Park District License: Class G, 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.
h. Supper Club With Entertainment License: Class H, supper 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 and the state.
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i. Self-Service Kitchen License: Class K, self-service kitchen license, for issuance to the
operation of a self-service kitchen facility where alcoholic beverages are to be served
with a full meal, on the premises only, during the day of the rental of the facility. Only
invited guests of the renter may be served alcoholic beverages. Such alcoholic
beverages may be consumed only when dispensed from a bar by an employee of the
licensee or served at tables by an employee of the licensee. Only alcoholic beverages
purchased by the licensee may be consumed at a premises holding a class K license.
j. Hotel License: Class M, 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.
k. Wine And Beer Only Package License: Class P, 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 article. 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 ten thousand (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.
I. Restaurant Only License: Class R, 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.
m. Restaurant With Lounge License: Class S, 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.
n. Bowling Alley License: Class T, 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
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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.
o. Wine Only Package License: Class V, 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 article. 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 ten thousand (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.
p. Restaurant, Wine And Beer Only License: Class W, 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.
q. License With Special Conditions: Class XX, license with special 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.
r. Retail Home Delivery License: Class Z, retail home delivery license, for the delivery of
alcoholic liquor to residences within the village when the sale and delivery of alcoholic
liquor is incidental to the sale and delivery of groceries. Such a license may be issued
only upon the posting of a ten thousand dollar ($10,000.00) cash bond with the village. If
a sale or delivery of alcoholic beverages is made in violation of the regulations of this
classification or any other regulation of the village, the cash bond shall be forfeited and if
the license is not revoked, a new ten thousand dollar ($10,000.00) cash bond shall be
posted. Pursuant to this class Z license, alcoholic liquor may be delivered only into the
hands of an actual individual providing proof that he or she is twenty one (21) years of
age or older.
s. Class MH Licenses: Class MH licenses shall authorize a hotel to serve complimentary
wine and beer only to registered guests between the hours offour o'clock (4:00) P.M.
and seven o'clock (7:00) P.M. Hors d'oeuvres or other food must be served continually
during these complimentary wine and beer hours. The provision of such wine and beer
shall be limited to persons of the age of twenty one (21) years or over and shall take
place in a room or area separate and apart from the lobby of the hotel. The fee for such
license shall be set forth in appendix A, division II of this code. The wine and beer must
be dispensed by a hotel employee. There shall be no self-service of any kind for either
the beer or wine.
2. All restaurant with lounge, pre-1986 licenses are for restaurant with lounge licenses
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which were originally issued prior to March 4, 1986, and subsequently renewed by that
licensee and shall be defined as follows:
a. Class S1, restaurant with lounge license, pre-1986, for issuance to restaurants
maintaining a separate lounge area as an accessory use, which shall 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 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.
3. Each such licensee shall pay a fee for such license in the amount as set forth in
appendix A, division II of this code.
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 anyone 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.Upon application to the local liquor control commissioner, the commissioner may grant
written permission allowing the serving of "beer" and "wine" as defined in this article at
village sponsored or village hosted events on village property. The commissioner may
attach such conditions as are appropriate for such service and shall report any such
permits to the village board. All regulations with respect to persons to whom service may be
, prohibited shall be applicable.
F.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. (Ord. 4664,8-16-
1994; amd. Ord. 4801, 7-2-1996; Ord. 4995, 2-16-1999; Ord. 5189, 5-15-2001; Ord. 5258,
6-18-2002; Ord. 5482, 3-15-2005; Ord. 5491, 6-7-2005; Ord. 5556,4-18-2006; Ord. 5574,
7 -5-2006)
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
Page 13 of29
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.
Under no circumstances shall the number of class C, general package licenses, be
increased beyond the number in existence as of January 1, 2005.
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 remodeling or other similar purpose.
(Ord. 4664, 8-16-1994; amd. Ord. 5482, 3-15-2005)
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
nonrefundable application fee, shall be returned to the applicant. (Ord. 4664,8-16-1994)
13.11 0: 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 circumstances:
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. (Ord. 4664,8-16-1994)
Page 14 of29
13.111 : COMPENSATION, POWERS AND DUTIES OF LOCAL LIQUOR
CONTROL COMMISSIONER:
A. The local liquor control commissioner shall receive as compensation the sum as set forth in
appendix A, division I of this code, 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.
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 relate to the operation of
the licensee's premises.
D. In addition to any other powers set forth in this chapter, 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.
(Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001)
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.
Additionally, if a written complaint of a violation by a licensee, attested to by any five (5) village
residents, is made to the local liquor control commissioner, the commissioner shall, within thirty
(30) 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 be set forth in
Page 15 of29
appendix A, division III of this code. However, any failure of a licensee to fulfill an
affirmative duty set forth in this chapter shall subject the licensee to a mandatory minimum
penalty as set forth in appendix A, division III of this code.
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 attorney 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 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 such time as the local liquor control commissioner receives notice of an appeal, the
local liquor control commissioner shall file with the 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. (Ord. 4664,8-16-1994; amd. Ord. 5189,5-15-2001)
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 buyout, 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.
B. 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 of the appropriate
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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.
C. 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.
D. 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. (Ord. 4664,8-16-1994)
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 is
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 the number of licenses available in any or
all classifications within the village. If the number of licenses in any or all classifications is
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. (Ord. 4664, 8-16-1994)
13.115: 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. (Ord. 4664, 8-16-1994)
13.116: 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.lt shall be unlawful for anyone not having a license which provides for consumption on the
Page 17 of29
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, except as follows:
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. There shall be no advertising of the availability of "sampling" by advertising materials
visible outside the licensed premises; and
e. There shall be a permit fee per day as set forth in appendix A, division II of this code.
2. In a 8-5 central commercial zoning district, the holder of a class V liquor license may
permit the pouring of wine, for sampling purposes for prospective wine customers, in
quantities that do not exceed a total of ten (10) ounces per customer per day.
C.lt 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.
D.lt 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. (Ord.
4664,8-16-1994; amd. Ord. 5189, 5-15-2001; Ord. 5610,1-16-2007)
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.
8.1f an establishment which holds a general package license sells commodities other than
alcoholic liquor, then the display of any alcoholic beverages other than beer, ale or wine
shall be confined to an area dedicated solely to the display of alcoholic liquor.
Page 18 of29
C.Subject to the additional restrictions set forth in section 13.129 of this article, no person who
is not at least nineteen (19) years of age may sell, deliver or act as cashier for the sale of
any alcoholic beverage.
D.Notwithstanding provisions of chapter 14 of this code or section 13.115 of this article, 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, except as follows:
1. 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;
2. The local liquor control commissioner may grant a special permit for the delivery of
alcoholic beverages in an outdoor service area subject to the following:
a. The outdoor service area is on public or private property, owned or leased by the
licensee, and immediately adjacent to the licensed premises;
b. The applicant shall send notice by regular mail to all residential property addresses
within three hundred feet (300') of the licensed premises. The notice shall inform such
addressee of the licensee's intent to secure a special permit for the outdoor service of
alcoholic beverages. The form of notice shall be supplied by the village manager and
shall invite comment on the proposed use from the affected property owners or
occupiers;
c. The local liquor control commissioner has determined that the outdoor service area will
not have a detrimental effect on the neighborhood in which the premises is located;
d. The local liquor control commissioner may place such conditions on the outdoor
service area as she or he may deem appropriate;
e. Such a special permit may be revoked at any time if the local liquor control
commissioner reasonably believes that the operation of the outdoor area is detrimental to
the neighborhood in which it is located and upon such revocation, the licensee may not
reapply for a permit for a period of twelve (12) months following the date of revocation;
f. Such a special permit shall be available only to the holder of a class R, class S or class
W liquor license;
g. Alcoholic beverages may be served in the outdoor area only with the purchase of food;
h. Such a permit may be granted only upon receipt by the local liquor control
commissioner and approval by the village attorney of a statement signed by the licensee
acknowledging and accepting the terms of the special permit; and
i. Such a special permit is not transferable and if there is any change in the ownership of
the premises, whether by the addition of a new shareholder, partner or limited partner, a
new special permit must be obtained by the licensee. (Ord. 4664, 8-16-1994; amd. Ord.
4887,9-16-1997; Ord. 5066, 12-21-1999; Ord. 5562, 5-16-2006)
Page 19 of29
13.118: CLOSING HOURS; SUNDAY CLOSING:
Alt 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, between the hours of one o'clock (1 :00) AM. and nine o'clock (9:00) AM. on
Monday through Friday inclusive; between the hours of two o'clock (2:00) AM. and nine
o'clock (9:00) AM. on Saturday; between the hours of two o'clock (2:00) AM. and nine
o'clock (9:00) AM. on Sunday; and on January 1 of each year said closing hours shall be
from four o'clock (4:00) A.M. to nine o'clock (9:00) AM. If any persons other than the
licensee or the licensee's employees are on the premises after the aforesaid hours and
there are alcoholic beverages in any form or container other than in the corked or reclosed
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 (10) minutes after
closing time.
B.lt shall be unlawful for any licensee holding a 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) AM. and eight o'clock (8:00)
AM. on Monday through Friday inclusive; between the hours of two o'clock (2:00) AM. and
eight o'clock (8:00) AM. on Saturday; between the hours of two o'clock (2:00) AM. and
nine o'clock (9:00) AM. on Sunday; and on January 1 of each year said closing hours shall
be from four o'clock (4:00) AM. to twelve o'clock (12:00) noon.
C.lt 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 nine o'clock (9:00) AM. and ten o'clock (10:00) P.M.
on Monday through Friday, inclusive; between the hours of nine o'clock (9:00) AM. on
Saturday and two o'clock (2:00) AM. on the following Sunday; and between the hours of
nine o'clock (9:00) AM. and ten o'clock (10:00) P.M. on Sunday.
D.lt 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 during 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
code. (Ord. 4664,8-16-1994; amd. Ord. 5482, 3-15-2005)
13.119: PEDDLING:
It shall be unlawful to peddle alcoholic liquor in the village. (Ord. 4664, 8-16-1994)
13.120: COMPLIANCE WITH BUilDING, SANITARY, SAFETY AND OTHER
Page 20 of 29
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. (Ord.
4664, 8-16-1994)
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 subsection 13.107C of this article so
long as the licensee complies with all other conditions of the license and all other regulations of
the village. 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 eleven o'clock (11 :00) P.M. and eleven o'clock (11 :00) A.M. and
the village manager may attach such other conditions to the permit as 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 or either, shall have the absolute right, for
cause and without the necessity of a hearing, to order the immediate cessation of such live
music. (Ord. 4664, 8-16-1994)
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. (Ord. 4664, 8-16-1994)
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
Page 21 of29
fighting, that defense must be established by the presentation of clear and convincing
evidence. Any person violating this section shall be fined an amount as set forth in
appendix A, division III of this code.
B. A summary of subsection A of this section shall be prominently displayed in all premises
holding a liquor license. The notice shall further state that any person in a licensed
premises observing a fight shall immediately notify the village police department. A sign
stating the regulations being the subject of this section shall be available from the village
manager's office.
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.
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 intoxication
should have been evident to the licensee.
4. Whether any participant was intoxicated and whether the licensee had an opportunity to
effect 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 article up
to and including license revocation.
Page 22 of 29
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 police department of a fight on a
licensed premises or failure to file a report as required in subsection D of this section with
the liquor control commissioner shall subject the licensee to a mandatory fine as set forth in
appendix A, division III of this code, 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 shall not generally apply in circumstances where alcohol is
used in an individual guest room within a hotel or where alcohol is mixed and 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. (Ord. 4664,8-16-1994; amd.
Ord. 4801,7-2-1996; Ord. 5189, 5-15-2001)
13.124: DRAMSHOP INSURANCE:
Every licensee shall be required to obtain and maintain dramshop 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 235 Illinois
Compiled Statutes 5/6-21. (Ord. 4664,8-16-1994)
13.125: CONDUCT OF EMPLOYEES AND AGENTS:
The following shall apply to employees and agents of licensees:
Page 23 of 29
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.
(Ord. 4664,8-16-1994)
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:
A. An intoxicated person;
B. A person known to the purveyor to have been involved previously in a fight in the
establishment. (Ord. 4664, 8-16-1994)
13.127: 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).
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:
Page 24 of 29
1. Offering free food or entertainment at any time.
2. Including a drink as part of a meal package.
3. Free winetasting as permitted by subsection 13.116B 1 of this article.
4. Offering room service to registered guests in hotels licensed for such services. (Ord.
4664, 8-16-1994)
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 (750 ml). (Ord. 4664,8-16-1994)
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 twenty one (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. Bars And Lounges: 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 subsection
A2 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. Consumption, Purchase, Acceptance Or Possession Prohibited: 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 shall not apply in the
circumstances described in subsections 13.130C 1 and C2 of this article.
C. Presentation Of Identification: 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 46 .
D. Identification Cards: 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
Page 25 of 29
purpose of purchasing or obtaining alcoholic liquor in the village 47 .
E. Display Of Card: 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 set
forth in appendix A, division III of this code.
F. Penalty: Any person found guilty of violating subsection A, B or E of this section shall be
fined in the mandatory amount as set forth in appendix A, division III of this code. (Ord.
4664,8-16-1994; amd. Ord. 4754, 9-5-1995; Ord. 5189, 5-15-2001)
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 of this section.
B. Use Of Premises For Consumption 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. Exceptions: 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 person's parent. However, the following rules
shall be applied to this subsection C2:
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" as 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 as set forth in appendix A, division III of this code.
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
Page 26 of 29
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 by
an 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
occu rred.
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.
F. Further Regulation With Respect To A Class Z License, Penalties:
1. It shall be unlawful to deliver alcoholic beverages other than beer or wine pursuant to a
class Z license unless written notification of intent to begin delivery of "spirits" as defined in
this chapter has been given to the local liquor control commissioner.
2. It shall be unlawful to make a home delivery of alcoholic beverages except by face to
face delivery into the hands of an individual providing proof that he or she is twenty one
(21) years of age or older.
3. No delivery may be made unless the licensee has, on file at the time of delivery, a
consent form, approved by the village, containing an original signature of the resident,
executed in the presence of the licensee's employee.
4. Any person redelivering an alcoholic beverage to an underage person in violation of this
code, when that alcohol was originally delivered by a class Z licensee shall be fined twice
the mandatory amount otherwise required by this code. (Ord. 4664,8-16-1994; amd. Ord.
4995,2-16-1999; Ord. 5189, 5-15-2001)
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 as set forth in appendix A,
division III of this code. 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 on any public way within the corporate limits of the village unless accompanied by a
licensed driver over thirty (30) years of age 48 . (Ord. 5189, 5-15-2001)
13.132: FALSE IDENTIFICATION NOT A DEFENSE:
Page 27 of29
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. (Ord. 4664, 8-16-1994)
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 article. (Ord. 4664, 8-16-1994)
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 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 of this section.
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
Page 28 of 29
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 an
administrative fee as set forth in appendix A, division II of this code, to the police
department, plus any towing or storage costs.
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 article, 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 unless
accompanied by a licensed driver over thirty (30) 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. (Ord. 4664, 8-16-1994; amd.
Ord. 4754,9-5-1995; Ord. 5189, 5-15-2001)
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 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: 1) a
statement that the restriction applies only to the village; 2) the date the restriction is to go
into effect and the date on which it ends; 3) a map showing the village limits; 4) 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 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 police department,
appointed by the chief of police and whose determination shall be final. (Ord. 4664, 8-16-
1994 )
13.136: PENAL TV 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 section 13.131 or subsection 13.134F of this article.
B. Penalty: Any person found guilty of violating this section shall be fined in the mandatory
amount as set forth in appendix A, division III of this code. (Ord. 4664,8-16-1994; amd.
Ord. 5189, 5-15-2001)
13.137: PENALTIES; GENERAL:
Page 29 of 29
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 as set forth in appendix A,
division III of this code, for the first offense and for each subsequent 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 as set forth in
appendix A, division III of this code. If the offense is related to alcohol or substance abuse and
the offender is under twenty one (21) years of age, the court may, in lieu of any mandatory
fines, assign the offender to a chemical abuse counseling program that is licensed by the
Illinois department of alcohol and substance abuse which includes a certified evaluation
program and not less than four (4) hours of counseling. Fines assessed by the court against
any offender may be in addition to any penalty assessed against a licensee in any
administrative proceeding. (Ord. 4754,9-5-1995; amd. Ord. 5189, 5-15-2001; Ord. 5518, 11-1-
2005)
APPENDIX A
DIVISION I
CHAPTER 13 - ALCOHOLIC LIQUORS
Section 13.103: APPLICATION FOR RETAILER'S LICENSE:
Surety bond: $2,500.00.
Section 13.111 : COMPENSATION, POWERS AND DUTIES OF LOCAL LIQUOR
CONTROL COMMISSIONER:
Compensation for local liquor control commissioner: $3,000.00 annually.
APPENDIX A
DIVISION II
CHAPTER 13 - ALCOHOLIC LIQUORS
Section 13.1 03: APPLICATION FOR RETAILER'S LICENSE:
Nonrefundable application fee: $250.00.
Section 13.104: MANAGEMENT ENTITIES:
Nonrefundable application fee: $250.00.
Certification fee: $750.00.
Section 13.106: TERM; PRORATING FEE:
Administrative fee: $100.00.
Section 13.107: LICENSES AND PERMITS:
License Classification
Class A
Class B
Fee
$ 2,500.00 annually
2,000.00 annually
Class C and C 1
Class 0
Class E
100.00 daily
Class F
Class G
Class H
Class K
Class M
Class MH
Class P
Class R
Class 8 and 81
Class T
Class V
Class W
Class XX
Class Z
Management entity
2,000.00 annually
750.00 annually
2,000.00 annually
2,000.00 annually
o
2,000.00 annually
2,500.00 annually
2,500.00 annually
750.00 annually
1,750.00 annually
2,000.00 annually
2,500.00 annually
2,500.00 annually
1,500.00 annually
1,500.00 annually
2,500.00 annually
2,000.00 annually
750.00 annually (same as
certification)
Section 13.116: CONSUMPTION ON
PREMISES:
Permit fee: $25.00 per day.
Section 13.134: OPERATION OF A MOTOR VEHICLE BY UNDERAGE
PERSONS WITH AN ALCOHOLIC BEVERAGE IN OR ON THE VEHICLE:
Administrative fee: $150.00 for redeeming vehicle.
APPENDIX A
DIVISION III
CHAPTER 13 - ALCOHOLIC LIQUORS
Section 13.112: PENALTIES UPON HEARING BEFORE THE LOCAL LIQUOR
CONTROL COMMISSIONER:
Fine: Not less than $500.00 nor more than $2,500.00.
Section 13.123: FIGHTING PROHIBITED; LICENSEE'S CONDUCT:
Fine for fighting: Not less than $250.00.
Failure to give immediate notification to the police department or failure to file a
report with the liquor control commissioner: $500.00.
Section 13.129: REGULATIONS WITH RESPECT TO UNDERAGE PERSONS:
Display of card:
UNDERAGE DRINKING
If you are under 21, you are subject to a mandatory fine of $500. 00 if you
purchase any alcoholic beverage. If you misrepresent your age for the purpose of
purchasing or obtaining any alcoholic beverage, you will also be subject to
restricted driving privileges within the Village of Mount Prospect and a loss of your
Illinois Drivers License. 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.
Penalty: $500.00.
Section 13.130: CONSEQUENCES OF FACILITATING THE USE OF ALCOHOLIC
BEVERAGES BY UNDERAGE PERSONS:
Penalty: $1,000.00.
Section 13.131: USE OF FALSE IDENTIFICATION:
Mandatory fine: $500.00.
Section 13.136: PENALTY FOR VIOLATING DRIVING RESTRICTION:
Penalty: $500.00.
Section 13.137: PENALTIES; GENERAL:
Fine: $250.00 for the first offense and $500.00 for each subsequent offense or
community service at a rate of 1 hour of community service for every $10.00 of
mandatory fine.
EXHIBIT B
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13
OF THE VILLAGE CODE OF MOUNT PROSPECT
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 POWERS:
SECTION ONE: Chapter 13 entitled "Alcoholic Liquors" of the Village
Code of Mount Prospect, as amended, is hereby further amended by deleting
Chapter 13 in its entirety and adding a new Chapter 13 entitled "Alcoholic
Liquors" to be and read as follows:
ARTICLE I
DEFINITIONS
13.101:
WORDS AND PHRASES:
Unless the context otherwise requires, the following terms shall be construed
according to the definitions set forth below.
ACTING IN THE COURSE OF BUSINESS: Any action taken by a person at a
business premises in the Village, or in furtherance of a business purpose in the
Village.
ADULT: Any person who has attained his or her 21st birthday.
ALCOHOL AWARENESS TRAINING: Training, with respect to over serving of
drinks, identifying intoxicated customers, proof of age and other safety factors,
provided by an accredited agency that is approved by the Commissioner, for the
purpose of educating persons who serve, deliver or provide alcoholic beverages.
ALCOHOLIC BEVERAGES OR LIQUOR:
A. Any spirits, wine, beer, ale or other liquid intended as a beverage and
containing more than one-half of one percent (0.5%) 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.
BANQUET FACILITY: A food service facility whose primary business is the
hosting of parties, celebrations and events which are attended by specific
invitees of a specific host as opposed to "drop-in" or reservation dining by the
general public.
BAR: A barrier or counter, at and over which alcoholic beverages are opened,
poured, prepared or served. (See also "Customer Bar" and "Service Bar".)
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 includes 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 where the recipients of the food or
service are specifically invited to each particular event. (See 13.204(L) and (P)4
and 5)
CERTIFICATION: That specific grant of the privilege and authority, pursuant to
the exact requirements of this Chapter, to a person for the service of alcoholic
beverages in the manner set forth in the text of a designated classification.
CONTROL OF PREMISES: The legal or beneficial ownership, rental, lease or
licensure shall constitute control of property. Control may also exist where none
of the aforesaid legal relationships apply, but where an adult occupies or is
otherwise in charge of or charged with the supervision of a particular premises.
CORKAGE: The bringing of an alcoholic beverage, by a patron, into a place of
business for the purpose of consuming the alcoholic beverage on the premises.
CUSTOMER BAR: A bar on a licensed premises that is open for actual visiting
by, seating for or service to the customer.
DRAM SHOP INSURANCE: That insurance required of every licensee, the
purpose of which is to insure the licensee against the statutory liability imposed
by the Illinois Liquor Control Act.
ENTERTAINMENT: Any playing of pre-recorded music or voices or any live act
or performance whether or not using sound amplification.
2
FALSE IDENTIFICATION: Any document used for identification or proof of age
that has been altered or that contains false or 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. This shall include, but not be limited to,
any disputatious physical action between or among persons.
FLIGHT OF WINE: A single serving of a variety of wines in small glasses.
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 traveling through the Village, as distinct from the
designation of a particular person or group of persons.
HOST LIABILITY INSURANCE: A typical business insurance coverage that
protects an owner against claims that his or her business or premises caused
damage or injury or caused liability to accrue to a business invitee.
HOTEL: Every building or other structure, kept, used, maintained, advertised and
held out to the public to be a place where 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 LIQUOR LICENSE: That specific grant of the privilege and
authority, pursuant to the exact requirements of this chapter, to a person to
deliver alcoholic beverages in the manner set forth in the text of a designated
classification. License, as used in this Chapter 13 shall, in applicable
circumstances, include any permit or certification pursuant to Section 13.204.
LICENSED PREMISES: The building and land at the address for which the
license is issued. For purposes of determining parameters of the location where
an act is prohibited by this Chapter 13, Licensed Premises shall include all off
street parking, any public property immediately adjacent to the private address
and the entirety of the contiguous property owned by the same entity owning the
licensed premises. For purposes of determining the parameters of the location
where an act is permitted by this Chapter 13, Licensed Premises shall mean only
the interior of the building at the licensed address unless an outdoor or other
permit or certification specifically allows for activity on the exterior of the
premises.
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LICENSE TERM: The time between the issuance or renewal of a license and its
expiration date.
LICENSEE: That person who has been issued a liquor license, permit or
certification by the Commissioner. For purposes of actions required of or
prohibited of a licensee, this shall include the holder of a Mount Prospect liquor
license and any officer, principal, employee or agent of the license holder.
LOCAL LIQUOR CONTROL COMMISSIONER: The office of the mayor or the
president of the Village, including appropriate legal counsel. This may include
such other persons as the mayor may appoint, either by written policy or practice,
to aid in the exercise of the powers and the performance of the duties of the
Local Liquor Control Commissioner. The Local Liquor Control Commissioner will
be referred to as the "Commissioner" in this Article.
LOUNGE: That portion of a licensed restaurant or club that is not part of the main
dining area, where a customer bar and other seating is located, and that is kept,
used, maintained, advertised and held out to the public as a place where
alcoholic beverages may be consumed.
MAINTENANCE OF ORDER STANDARD: That standard by which it shall be
determined whether a licensee has maintained order on the licensed premises. It
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 of a 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 is more than one person 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 that is used, corked or capped, sealed and labeled
by the manufacturer of alcoholic beverages to contain and to convey any
alcoholic beverages. Original package means that the container must not be or
have been opened or unsealed.
PARENT: A natural or adoptive parent or a court designated guardian.
4
PERMIT: That specific grant of the privilege and authority, pursuant to the exact
requirements of this chapter, to a person to serve alcoholic beverages in the
manner set forth in the text of a designated permit classification.
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 beverages.
RESTAURANT: Any public place maintained, and held out to the public as a
place primarily devoted to being a full service dining establishment at which the
service of alcoholic beverages 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.
SERVICE BAR: A bar on a licensed premises that is not open for actual visiting
by or seating for the customer, but is used solely as a drink preparation area for
servers.
SERVICE OF ALCOHOLIC BEVERAGES (OR "SERVICE"): The sale, delivery,
giving, service, providing or exchange of an alcoholic beverage from one person
to another. Service of alcoholic beverages is meant to include the provision of
any alcoholic beverage by whatever means by one person to another. This
definition includes being an employee who actually serves alcoholic beverages or
who is a cashier at a licensed premises. Service of alcoholic beverages by any
Class P licensee shall generally be referred to as "delivery of alcoholic
beverages."
SERVICE OF ALCOHOLIC BEVERAGES FOR VALUE: The service of alcoholic
beverages for any consideration of any nature. This shall include, without
limitation, the inclusion of alcoholic beverages in a single price of admission
and/or in the price of a ticket and/or the price of a meal, even if for charitable
purposes.
SERVICE OF ALCOHOLIC BEVERAGES (REGULATED): This is the type of
service of alcoholic beverages that is regulated by this Chapter. Regulated
service generally includes the following: service at any location within the
Village: (1) for value; or (2) to the public from a business venue; or (3) in the
course of business; or (4) or at a civic event; or (5) through a paid bartender.
Also referred to as "Regulated Service."
SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed
with water or other solution and includes brandy, rum, whiskey, gin or other
spirituous beverages and such beverages when rectified, blended or otherwise
mixed with alcohol or other substances.
5
UNDERAGE PERSON: Any person who has not attained his or her 21st birthday.
VICARIOUS LIABILITY: That liability which is implied as a matter of law even
though the person may not have directly caused an injury or property damage.
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. (Ord. 4664, 8-16-
1994; amd. Ord. 5491,6-7-2005)
ARTICLE II
LICENSING FOR REGULATED SERVICE OF
ALCOHOLIC BEVERAGES
13.201 :
LICENSE REQUIRED FOR REGULATED SERVICE:
A. It shall be unlawful to engage in regulated service of any alcoholic
beverage without first having obtained a Village liquor license. Every person
engaged in regulated service of alcoholic beverages in the Village shall obtain
the appropriate liquor license authorizing the service of the specific type and
character of alcoholic beverages and the specific type of business or activity at
which it may be provided. The fee to be paid for such licenses shall be as set
forth in Appendix A, Division II of this Code.
B. Except for a temporary Village permit or a management entity certification,
there shall be no service of alcoholic beverage by the licensee until the licensee
has obtained a liquor license required by the state for the service of alcoholic
beverages.
C. All licenses, permits, certifications and/or placards issued pursuant to this
chapter shall be displayed in a prominent place that is visible to patrons. (Ord.
4664,8-16-1994; amd. Ord. 4801, 7-2-1996)
13.202:
APPLICATION FOR A LOCAL LIQUOR LICENSE:
A. Application for a local liquor license shall be made to the Commissioner.
The application shall be upon forms provided by the Commissioner. Only
completed forms may be considered. Each application shall be accompanied by
the nonrefundable application fee and the applicable license fee as set forth in
Appendix A, Division II of this Code.
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B. Upon issuance of any license, the licensee shall provide written notice to
the Commissioner of any change in any information set forth in the application
within thirty (30) days of the change.
C. Before any license may be issued to an applicant each stockholder
owning an aggregate of more than five percent (5%) of the stock of a corporation
and each manager, principal, owner and officer shall be fingerprinted by the
Mount Prospect Police Department. An investigation will be performed to enable
the Commissioner to ascertain whether the issuance of a license will comply with
all applicable regulations of the Village. If the applicant is a publicly traded
corporation, the Commissioner may accept the fingerprints from another
jurisdiction for persons not residing or working within fifty (50) miles of the
Village. Under all circumstances, however, the local manager must be
fingerprinted by the Mount Prospect Police Department. A reasonable fee may
be charged by the Police Department for each person required to be
fingerprinted. (Ord. 4664,8-16-1994; amd. Ord. 5189, 5-15-2001)
D. No license may be issued 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 must be
completed and all fees must be paid. The foregoing notwithstanding, the
Commissioner may, at the Commissioner's sole discretion, issue the license prior
to the completion of a background check under the following circumstances:
1. The Police Department believes the background check will be
completed within ninety (90) days.
2. No information is currently available which would indicate that the
applicant would be ineligible for a license.
3. The applicant has demonstrated to the satisfaction of the
Commissioner that the immediate issuance is necessary to assure the viability of
the business.
4. The Commissioner retains the absolute right to revoke the license,
without a hearing, if subsequently discovered information would, in the sole
discretion of the Commissioner, have made the licensee originally ineligible for
the license.
5. 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 if the Commissioner subsequently revokes
the license based on completion of the background check. (Ord. 4664, 8-16-
1994 )
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E. By accepting a Village liquor license, the licensee consents to the service
of process and the acceptance of any other document by or on any employee or
agent of the licensee or the posting of the process or document on any entrance
to the licensed premises.
13.203:
RESTRICTIONS ON ISSUANCE OF LICENSES:
A. No liquor license may be issued to any of the following: (1) A partnership;
(2) A sole proprietorship; (3) A limited liability corporation; (4) A corporation that
is not either incorporated in Illinois or qualified and registered under the Illinois
Business Corporation Act to transact business in Illinois.
B. No liquor license may be issued to any corporation:
1. Whose business is conducted by a manager or agent who is not an
actual employee of the licensee, unless such manager or agent possesses a
management entity certification.
2. 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.
3. Which does not hold a valid Mount Prospect class II business
license for the premises as required by this Code.
4. To which a federal gaming device stamp or a federal wagering
stamp has been issued for the current tax period.
5. Not eligible for a state retail liquor dealer's license.
6. Does not designate a manager for the premises.
7. If a manager, officer, director or five percent (5%) or greater
shareholder:
a. Has been found guilty of (i) any felony at any time; (ii) any
offense, within the past two (2) years involving the sale, use or possession
of alcoholic beverages; (iii) any other crime, at any time, if, upon due
investigation, the Commissioner determines that such individual has not
been sufficiently rehabilitated to warrant the public trust; (iv) any violation,
at any time, of any federal or state law concerning the manufacture of
alcoholic beverages; (v) any gambling offense as prescribed by
Subsections (a)(3) through (a)(10) of Section 5/28-1 of, or as prescribed
by Section 5/28-3 of, the Criminal Code of 1961, approved July 28, 1961,
as amended, or as prescribed by statute replacing any of these statutory
provIsions.
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b. Has previously had a liquor license revoked in this or any
other jurisdiction.
c. At the time of application for renewal of a liquor license
would not have been eligible for a license upon a first application.
d. Has been issued a federal gaming device stamp or federal
wagering stamp for the current tax period.
e. Is an employee or elected official of the Village.
f. Is not of good character and reputation in the community in
which the individual resides.
8. Which, upon review of the application taken as a whole, by the
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.
13.204:
CLASSIFICATIONS:
A. Licenses.
Liquor licenses in the Village shall be divided into the following Classifications:
1. Package Licenses (P):
Class P-1
Class P-2
Class P-3
Class P-4
Class P-5
General Package License
Super Market Package License
Wine and Beer Only Package License
Wine Only Package License
Home Delivery License
2. Food Service Licenses (F):
Class F-1
Class F-2
Class F-3
Class F-4
Class F-5
Class F-6
Restaurant Without Lounge License
Restaurant, Wine and Beer Only License
Restaurant With Lounge License
Private Club License
Banquet Facility License
Golf Course License
3. Specialty Licenses (S):
Class S-1
Hotel License
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Class S-2
Class S-3
Class S-4
Class S-5
Bowling Alley License
Tavern License
Gourmet Beverage Shop License
License With Special Conditions
B. Permits.
1. Temporary
Civic Permit
Library Permit
Village Permit
Non-Mount Prospect Caterer's Permit
Mount Prospect Caterer's Permit
Daily Sampling Permit
Outdoor Entertainment Permit
Promotion Permit
2. Annual
Mount Prospect Caterers Permit
C. Certifications.
Outdoor Certification
Management Entity Certification
13.204.1
DESCRIPTIONS AND RESTRICTIONS.
The restrictions on a particular license, permit or certification classification shall
be binding on the licensee and no premises or activity may be operated in
violation of the classification restrictions and regulations. (Ord. 4664, 8-16-1994;
amd. Ord. 4801, 7-2-1996; Ord. 4995, 2-16-1999; Ord. 5189, 5-15-2001; Ord.
5258,6-18-2002; Ord. 5482, 3-15-2005; Ord. 5491,6-7-2005; Ord. 5556, 4-18-
2006; Ord. 5574, 7-5-2006) No license, permit or certification may be issued
unless the applicant's business is specific to one of the following classifications:
A. Class P License (Package)
1. Restrictions Applicable to All Class P Licenses:
a. Consumption and/or allowing consumption on the premises
where sold is prohibited. (See paragraph 0(6) of this section for special
daily sampling events.)
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b. The licensee is prohibited from selling or offering for sale
single containers of refrigerated or chilled alcoholic beverages where the
single container has a capacity of less than seven hundred fifty milliliters
(750 ml). (Ord. 4664, 8-16-1994)
c. A Class P licensee may sell gasoline for motor
vehicles only if the sale of gasoline takes place at a
building or structure that is physically separated from the
licensed premises.
d. Except for a duly permitted daily sampling, it shall be
unlawful for the holder of any Class P license to deliver alcoholic
beverages in any container other than its original sealed and unopened
package. (Ord. 4664,8-16-1994; amd. Ord. 5189, 5-15-2001; Ord. 5610,
1-16-2007).
2. Specific Class P Licenses
a. General Package License. Class P-1 for delivery of all
alcoholic beverages in an original sealed package. Regulations specific to
Class P-1 license:
i. Under no circumstances shall there be more than five
Class P-1 general package licenses outstanding at any time.
ii. The license may not be issued for a premises whose
primary business is the sale of groceries or other products.
b. Supermarket Package License: Class P-2, for delivery of
alcoholic beverages in an original package only, at a premises where the
primary business is the sale of grocery and related products. Regulations
specific to a Class P-2 license:
A Class P-2 licensed premises shall contain not less than
ten thousand (10,000) square feet of floor area.
c. Wine And Beer Only Package: Class P-3, for the delivery
only of wine and beer in its original package. Regulations specific to the
Class P-3 license:
No Class P-3 license shall be issued for a premises
whose primary business is the sale of groceries or other products
not related to the sale of alcohol unless the premises occupies at least ten
thousand (10,000) square feet of floor area.
11
d. Wine Only Package License: Class P-4, for delivery only of
wine in its original package. Regulations specific to a Class P-4 license:
No Class P-4 license shall be issued for a premises
whose primary business is the sale of groceries or other products
unless the premises occupies at least ten thousand (10,000)
square feet of floor area.
e. Home Delivery License; Class P-5, for the storage or
loading within the Village of alcoholic beverages that are to be delivered to
residences. Regulations specific to Class P-5 License.
i. Only beer and wine may be delivered within the
Village pursuant to a Class P-5 license.
ii. Delivery, within the Village must be made directly into
the hands of an actual individual and may not be "dropped off' at an
address.
8. Class F Licenses (Food Service).
1. Restrictions Applicable to All Class F Licenses:
a. The premises shall be primarily devoted to the preparation,
cooking and serving of meals.
b. The premises must have a kitchen, dining room, staff and
equipment as deemed adequate by the Village Health Authority.
c. Full food service including dinner and/or luncheon menus
shall be offered at all times while alcoholic beverages are served.
d. See paragraph 0(5) of this section for off site catering
privileges.
e. See paragraph E-1 of this section for outdoor service of
alcoholic beverages at establishments that are within 300 feet of a
residential zoning district and Section 14.311(8) of the Zoning Ordinance
for regulation of outdoor dining areas in other parts of the Village.
2. Specific Class F Licenses:
a. Restaurant without Lounge License: Class F-1, for service
of alcoholic beverages at a restaurant. Regulations specific to a Class F-1
license:
12
i. Consumption or allowing of consumption of alcoholic
beverages at any place other than dining tables is specifically
prohibited.
ii. Service of alcoholic beverages shall be limited to
those patrons dining in the restaurant.
b. Restaurant, Wine And Beer Only License: Class F-2, for the
providing of beer and wine only at a restaurant. Regulations specific to a
Class F-2 license:
i. Consumption or allowing of consumption of alcoholic
beverages at any place other than dining tables is specifically
prohibited.
ii. Service of alcoholic beverages shall be limited to
those patrons dining in the restaurant.
c. Restaurant With Lounge License: Class F-3, for providing of
alcoholic beverages by restaurants maintaining a separate lounge area.
Regulations specific to the Class F-3 license:
i. Alcoholic beverages delivered in the restaurant
portion of the premises shall be limited to those patrons dining in
the restaurant.
ii. Alcoholic beverages may be served in the lounge
portion of the premises with or without the service of food.
iii. The total lounge area shall be no more than fifty
percent (50%) of the floor area of the premises.
d. Private Club License, Class F-4 for providing of alcoholic
beverages at a Private Club. Regulations specific to a Class F-4 license:
i. Service of alcoholic beverages may be only to (a)
members; and (b) to guests of a specific member if that member is
also on the premises.
ii. 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.
iii. The licensee's affairs and management must be
conducted by a board of directors, executive committee or similar
body chosen by the members at an annual meeting.
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iv. No member or any officer, agent or employee of the
club may be paid or directly receive as compensation, any profits
from the distribution or sale of alcoholic beverages at the club,
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 private club.
e. Banquet Facility License, Class F-5 for the service of
alcoholic beverages at private events at the banquet facility. Regulations
specific to a Class F-5 license:
Consumption of alcoholic beverages 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.
f. Golf Course License, Class F-6, for the service of alcoholic
beverages at golf courses. This license shall include service in a club
house restaurant, a club house lounge, service from licensee owned carts
on the golf course, service at any other snack or food facility on the course
and at events on the golf course grounds. Regulations specific to a Class
F-6 license:
i. If the golf course also offers regular meal service in a
restaurant type of facility, then the regulations applicable to the
appropriate Class F license shall apply to that restaurant facility.
ii. If the golf course does not operate a restaurant
facility, but operates a lounge, the regulations applicable to an S-3
license shall apply to the lounge.
C. Specialty Licenses:
1 . Hotel License: Class S-1, for the service of alcoholic beverages to
guests of the hotel. Regulations specific to the Class S-1 license:
a. No alcoholic beverages may be served, consumed or
allowed to be consumed in the lobby or hallways of the hotel.
b. If the hotel Premises is used for private events, then the
regulations applicable to Class F-5 (Banquet Facility) shall apply.
c. If the hotel also offers regular meal service in a restaurant or
restaurant type of facility, then the regulations applicable to the
appropriate Class F license shall apply to that restaurant facility.
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d. If the restaurant is operated by a person other than the
licensee, the Commissioner shall have the sole authority to determine
whether a management entity certification or a Class F license is required.
e. Absolute liability and responsibility shall attach to the S-1
licensee if any alcohol is consumed by a minor at any location within or on
the hotel premises, including any in-room bar or refrigeration units.
2. Bowling Alley License: Class S-2, for service of alcoholic beverages
at a bowling alley. Regulations specific to a Class S-2 license:
a. The premises must operate as a bowling alley with full
bowling facilities.
b. Alcoholic beverage service must be incidental to bowling.
c. The lounge area may comprise no more than twenty five
percent (25%) of the floor area.
d. Food service must be available to patrons at all times when
alcoholic beverages are served.
3.
Licenses.
Tavern License: Class S-3. Restrictions specific to Class S
a. Food service such as snacks, hors d'oeuvres and/or similar
food items shall be available at all times in quantities sufficient to serve all
patrons of the premises.
b. See paragraph D(5) of this section for off-site catering
privileges.
4. Gourmet Beverage Shop License, Class S-4. The regulations
governing Class P (Package License) shall apply, except as follows:
a. A Gourmet Beverage Shop License shall be available only in
a B-5 zoning district.
b. No spirits, as defined by this Chapter 13, may be served.
c. Glasses or flights of wine may be served on the licensed
premises under the following conditions:
I.
the wine.
Hors d'oeuvres and sandwiches must be served with
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ii. No more than 10 ounces of wine may be served to
any individual during any day.
III.
5 ounces.
Each glass or flight of wine may contain no more than
d. A Class S-4 license may conduct off-premises wine tasting
pursuant to a Daily Sampling Permit and in accord with the regulations for
such permit.
e. A Class S-4 license may serve wine and beer at a civic
event where the organization sponsoring the civic event has obtained a
Temporary Civic Permit.
f. A Class S-4 license may serve wine (but not beer) at a
Mount Prospect licensed business which does not otherwise possess a
Mount Prospect liquor license under the following conditions:
i. Such service may take place at a promotional event
inside the business premises only.
ii. Such service at any single business may be made at
not more than two such events in any license term;
iii. The S-4 license may not conduct such service for a
total of more than twenty times in any license term. The licensee
shall notify the Commissioner, in writing, not less than fourteen
days in advance of any such service event.
5. License With Special Conditions: Class S-5: The corporate
authorities may, from time to time, create 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
Commissioner.
D. Permits; Temporary.
classifications set forth below.
Temporary Permits are divided into the
1. Regulations applicable to all Temporary Permits:
a. The Commissioner may attach such conditions as are
appropriate for a temporary permit.
16
b. For temporary permits, the Local Liquor Control
Commissioner, in his or her sole discretion, may accept host liability
coverage as a substitute for Dram Shop Insurance.
c. There shall be a daily permit fee as set forth in Appendix A,
Division II of this Code.
d. All other regulations of this Chapter shall apply to the permit.
2 Specific Temporary Permits:
a.
license:
Permits not requiring an existing Mount Prospect liquor
i. Civic Permit: A permit for the service of alcoholic
beverages by any nonprofit organization or club having a bona fide
address within the Village such as a church, fraternal order or
lodge, veterans' organization, civic organization or other similar
organization. Regulations specific to the Civic Permit:
(a) The service of alcoholic beverages may be
done only at a special event sponsored or given by the
organization for the sole benefit of the organization.
(b) Each day of the event shall require a permit.
(c) No more than twelve (12) such permit days
shall be available to anyone such organization during a
license term.
(d) The licensee must obtain a State of Illinois
Special Event Permit.
ii. Library Permit: A permit for the Mount Prospect
Library Board of Trustees for service of alcoholic beverages.
Regulations specific to a Library Permit:
Service and consumption may take place only on the
premises of the Mount Prospect Public Library, 10 South Emerson
Street.
iii. Village Permit: A permit for the service of beer and
wine at Village sponsored or Village hosted events. Regulations
specific to a Village Permit:
The event must be on Village property.
17
iv. Non-Mount Prospect Caterer's Permit: A permit for
the service of alcoholic beverages, at an otherwise unlicensed
premises, by a caterer not possessing a Mount Prospect liquor
license. Regulations specific to a Non-Mount Prospect Caterer's
Permit:
(a) The caterer must possess a valid liquor
license from another Illinois jurisdiction.
(b) The caterer may serve alcoholic beverages
only at events to which specific persons (not the general
public) have been previously invited or at a Village
sponsored event.
(c) The permit shall be subject to such other
conditions as may be established by the Commissioner.
b. Permits Requiring an Existing Mount Prospect License.
i. Mount Prospect Caterer's Permit: A permit for the
service of alcoholic beverages, at an otherwise unlicensed
premises, by a Mount Prospect Class F licensee. Regulations
specific to a Mount Prospect Caterer's Permit:
(a) The caterer may serve alcoholic beverages
only at events to which specific persons (not the general
public) have been previously invited or at a Village
sponsored event.
(b) A Mount Prospect Caterer's Permit may be
purchased on an annual or daily basis.
(c) The permit shall be subject to such other
conditions as may be established by the Commissioner.
ii.. Daily Sampling Permit. A permit allowing the holder
of any Class P or Class S-4 license, to serve wine or beer, without
charge, in small and limited amounts, for sampling purposes only
and in conjunction with sales promotional efforts occurring on the
licensed premises. (See 13.204(c)4(d) for exceptions). Regulations
specific to a Daily Sampling Permit:
(a) The sampling shall be attended and supervised
by a full time employee and may occur only in a designated
area on the licensed premises;
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(b) The actual amount of beer 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) There shall be no signs or other materials that
are advertising the availability of "sampling" visible outside
the licensed premises; and
(e) Quantities may not exceed a total often (10)
ounces per customer per day.
(f) No more than ten (10) daily sampling permits
shall be available to any premises in any license term.
iii. Temporary Outdoor Entertainment Permit. A permit
allowing outdoor live music for a Class F licensee. Regulations
specific to a Temporary Outdoor Entertainment Permit:
(a) Each licensee shall be limited to one event per
year, not to exceed seventy-two (72) hours in duration.
(b) The application for such event must be filed not
less than thirty (30) days prior to the event.
(c) No such live music may be played between the
hours of eleven o'clock (11 :00) P.M. and eleven o'clock
(11 :00) A.M.
(d) The Commissioner may attach such other
conditions to the permit as may be advisable to protect the
peace and quiet of the surrounding area.
(e) The Commissioner, the Village Manager or a
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. (Ord. 4664,8-16-
1994 )
iv. Promotion Permit. A permit allowing a retail
establishment to serve beer or wine at a promotional event.
Regulations specific to a Temporary Promotion Permit:
19
(a) The promotion may be held at only one
location within the Village.
(b)
permit.
Each day of the promotion shall require a
(c) Permits shall not be issued for more than three
(3) consecutive days.
(d) All alcoholic beverage service and
consumption must take place within the area specified in the
Permit.
(e) No more than one such promotion at a
particular premises shall be eligible for such a permit in any
one year time period.
E. Certifications.
1. Specific Certifications:
a. Outdoor Certification for allowing outdoor service of alcoholic
beverages (for other Outdoor Dining regulations, see Section 14.311(8) of
the Mount Prospect Village Code). Regulations specific to Outdoor
Certificates:
i. For establishments within 300 feet of a residential
zoning district.
(a) Any licensee that commenced the conduct of
the business of serving alcoholic beverages in an outdoor
area within three hundred feet (300') of a residential zoning
district prior to January 1, 1989, may be granted an Outdoor
Certification and continue to operate the outside service area
in that same location. However, that service area may not
be enlarged in any manner.
(b) The Commissioner may grant an Outdoor
Certification for the service of alcoholic beverages in an
outdoor service area that is within three hundred (300') feet
of a residential zoning district but does not meet the criteria
of subsection (a) above, subject to the following:
(i) The outdoor service area is on property
owned or leased by the licensee and is on or
20
immediately adjacent to the building on the licensed
premises;
(ii) Prior to issuance of such Outdoor
Certification, the applicant shall show proof that
written notice has been sent by regular mail to all
residential property addresses within three hundred
feet (300') of the licensed premises. The notice shall
inform such addressee of the licensee's intent to
secure a special permit for the outdoor service of
alcoholic beverages. The form of notice shall be
supplied by the Village Manager and shall invite
comment on the proposed use from the affected
property owners or occupiers;
(iii) The Commissioner has made a
determination that the outdoor service area will not
have a detrimental effect on the neighborhood in
which the premises is located;
(iv) The Commissioner may place such
conditions on the outdoor service area as she or he
may deem appropriate;
(v) Such an Outdoor Certification may be
revoked at any time if the Commissioner reasonably
believes that the operation of the outdoor area has
become detrimental to the neighborhood in which it is
located. Upon such revocation, the licensee may not
reapply for an Outdoor Certification for a period of
twelve (12) months following the date of revocation;
(vi) An Outdoor Certification shall be
available only to the holder of a Class F-1, Class F-2
or Class F-3 liquor license;
(vii) An Outdoor Certification may be granted
only upon receipt by the Commissioner and approval
by the Village attorney of a statement signed by the
licensee, acknowledging and accepting the terms of
the Certification; and
(viii) An Outdoor Certification is not
transferable and if there is any change in five (5%)
percent or more of ownership of the business, a new
special permit must be obtained by the licensee. (Ord.
21
4664,8-16-1994; amd. Ord. 4887,9-16-1997; Ord.
5066, 12-21-1999; Ord. 5562, 5-16-2006)
ii. For establishments that are more than 300 feet from a
residential zoning district: The regulations of Section 14.311 (8) of
this Code shall apply.
b. Management Entity Certification allowing for the certification
of an entity to be retained to manage a licensed premises. 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. Regulations
specific to a Management Entity Certification:
i. No licensee shall permit a management entity to
perform such a function unless the management entity has been
certified to do so by the Commissioner. In order to be certified by
the Commissioner, a management entity must execute a liquor
license application. A management entity must qualify for a
Management Entity Certification in the same manner and meet the
same standards as a licensee.
ii. The application shall be accompanied by a
nonrefundable application fee as set forth in Appendix A, Division \I
of this Code, and no management entity may be qualified unless a
certification fee as set forth in Appendix A, Division \I of this Code,
has been paid.
iii. A management entity shall be subject to the
jurisdiction of the Commissioner in the same manner as a licensee.
If there is a violation on the premises, the management entity
and the licensee shall be jointly and severally responsible for all
consequences of such a violation. (Ord. 4664, 8-16-1994; amd.
Ord. 5189, 5-15-2001)
iv. An underlying Village liquor license must previously
have been obtained for the premises.
13.205:
NUMBER OF LICENSES:
A. The corporate authorities shall determine, by ordinance, the number of
licenses that are available in each classification. (This limitation shall not
apply to Temporary Permits and Certifications, which documents shall be
solely within the discretion of the Commissioner). Neither the
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
22
authorities. A schedule of the currently authorized number of licenses
available in each classification shall be maintained by the Village Manager
for the Commissioner.
B. The corporate authorities may decrease the number of licenses available
in any or all classifications within the Village. If the number of licenses in
any or all classifications is decreased, the licenses shall 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 Commissioner may,
with an accompanying written statement, eliminate licenses on the basis
of quality of operation of the premises, considering such matters as
charges before the 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. (Ord. 4664, 8-16-1994)
C. Upon any license becoming forfeited, void or revoked for any reason, the
number of available licenses in that classification shall automatically and
immediately be reduced by one.
13.206:
LICENSE TERM:
Each new license shall commence on the date specified on the license. Each
renewal license shall commence on May 1. Every license shall terminate on the
April 30 following the date of issuance. (This limitation shall not be applicable to
permits and certifications).
13.207:
RENEWAL OF LICENSE:
Any licensee may apply to renew a license. This renewal privilege shall not be
construed as a vested right, but shall be completely subject to the
Commissioner's right of review of the licensee's background and history of
operation in the State of Illinois.
13.208:
NATURE OF LICENSE; TRANSFER PROHIBITED:
A. A license shall be a privilege that may be claimed only by the person set
forth on the license. The license shall not constitute property, nor shall it
be subject to attachment, garnishment or execution. The license shall not
be alienable, voluntarily or involuntarily, or subject to lien or other
encumbrance. The license is not transferable either for consideration or
not for consideration.
B. 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
23
stock. Upon the death of any person owning twenty percent (20%) or more
of the shares in a closely held corporation, the Commissioner shall be
notified.
C. 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
buyout, 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.
D. If a licensee is ordered into receivership or files for bankruptcy, the
receiver or trustee may continue the operation of the business under the
existing license pursuant to a written 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. (Ord.
4664,8-16-1994)
E. Upon the alienation, sale, transfer, assignment or donation of the business
for which the license is issued to any other than the licensee, the liquor
license shall automatically become void.
F. Any licensed establishment that has discontinued the sale or service of
alcoholic beverages 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. 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 license term for
remodeling or other similar purpose. (Ord. 4664, 8-16-1994; amd. Ord.
5482,3-15-2005)
ARTICLE III
LOCAL LIQUOR CONTROL COMMISSIONER
13.301 :
COMPENSATION, POWERS AND DUTIES OF COMMISSIONER:
A. The Commissioner shall receive, as compensation, the annual sum set
forth in Appendix A, Division I of this Code.
B. Any change in the compensation or fringe benefits provided for the
Commissioner shall be made by ordinance.
C. The Commissioner shall have all of the powers, functions and duties
delegated to that office by this Chapter 13 and other 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 relate to the operation of the licensee's premises.
24
D. In addition to any other powers set forth in this chapter, the Commissioner
may immediately suspend, pending the exercise of the right to a hearing,
the privilege of service of alcoholic beverages of any licensee who does
not display a currently valid state or local liquor license or who in the
judgment of the 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. (Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001)
E. The Commissioner may fine and/or suspend and/or revoke the liquor
license of any licensee that the Commissioner determines has violated
any Village regulation or other law of any kind or nature if the violation is
related to the operation of the licensed premises. The procedure for
declaring and enforcing such fine, suspension or revocation shall be as
follows:
1. The Village Manager, the chief of police or the Village Attorney may
file a written charge of a violation, supported by affidavit, with the
Commissioner.
2. Upon review of the charge and upon such further investigation as
the Commissioner may deem appropriate, the Commissioner shall
issue an order either sustaining or not sustaining the charge.
3. If the Commissioner sustains the charge or any portion of it, the
Commissioner may, by written order, suspend or revoke the liquor
license and/or may fine the licensee. The fine may be in addition to
a revocation or suspension. If the Commissioner decides to
suspend the license, the term of the suspension shall be within the
discretion of the Commissioner. If the Commissioner elects to fine
the licensee, the amount of the fine shall be as set forth in
Appendix A, Division III of this Code.
4. The order shall be served on the licensee. The order shall inform
the licensee that the licensee has a right to a hearing for the
purpose of presenting evidence to dispute the order. Such a
hearing will be held only upon the filing of a written request with the
Village Manager within ten (10) days of the date of the order. The
matter shall be set for a hearing to take place not less than seven
(7) nor more than twenty-one (21) days after the receipt of the
request for hearing. No continuance shall be granted except in the
case of emergency. The requirement of filing for a hearing within
ten (10) days is absolute and no person or entity shall have
jurisdiction to accept a filing or other request for such a hearing
once the ten (10) days have elapsed.
25
5. The affidavit attached to the charges shall constitute prima facie
evidence of the violation or violations. It will be the burden of the
licensee to go forward with any evidence to be presented.
6. If, after the conclusion of the hearing, the Commissioner finds the
licensee to be guilty of any charges, the licensee will be responsible
for all costs incurred for the hearing, including, but not limited to,
court reporter fees, witness fees and attorney fees. This shall be in
addition to any other penalties assessed against the licensee.
7. All proceedings before the Commissioner shall be recorded and
placed in a certified official record of such proceedings taken and
prepared by the certified court reporter.
8. 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:
a. In the event of any appeal from an order or action of the
Commissioner, the appeal to the State Liquor Commission
shall be limited to a review of the official record of the
proceedings before the Commissioner. The only evidence
which shall be considered in the review by the State
Commission shall be the evidence found in the certified
official record of the proceedings of the Commissioner.
b. At such time as the Commissioner receives notice of an
appeal, the Commissioner shall file with the State Liquor
Commission the certified official record of the proceedings.
The State Commission shall review the propriety of the order
or action of the Commissioner on the certified official record
as provided by law. (Ord. 4664, 8-16-1994; amd. Ord. 5189,
5-15-2001).
ARTICLE IV
REGULATION OF LICENSES
13.401 :
INSURANCE:
A. Every licensee shall be required to obtain and maintain the Insurance
coverage as set forth in Appendix A, Division I.
B. If the person who owns the building or premises where alcoholic
beverages are served and/or consumed is not the licensee, then that
person shall be required to carry host liability insurance coverage or its
26
equivalent for such premises as set forth in Appendix A, Division I. (Ord.
4664,8-16-1994)
13.402:
LOCA liON OF SERVICE OF ALCOHOLIC BEVERAGES:
A Location Specified on License. No liquor shall be served, offered for sale,
kept for sale, displayed or advertised for sale or delivered to any person
except at the exact location described in the liquor license. The location
may be changed only upon written permission issued by the
Commissioner. A change of location shall be within the sole discretion of
the Commissioner.(Ord. 4664,8-16-1994)
B. Specific Location Prohibition. No liquor license may be issued for any
premises that is within one hundred feet (100') of any place of worship,
school or hospital.
C. Off Site Catering Privileges. No off site catering shall be permitted except
pursuant to an Off-site Catering Permit as set forth in Section 13.204.
D. Outdoor Service. Notwithstanding any other provisions of the Mount
Prospect Village Code, it shall be unlawful for any licensee to serve or
permit the consumption of alcoholic beverages in any outdoor area unless
an Outdoor Certification has been granted by the Commissioner pursuant
to Section 13.204.
13.403
CLOSING HOURS:
A It shall be unlawful for any licensee to engage in the service of any
alcoholic beverages during the following hours:
Monday - Friday -1 :00 AM. to 8:00 AM.
Saturday - 2:00 AM. to 8:00 AM.
Sunday - 2:00 A.M. to 9:00 A.M.
On January 1 of each year the hours of prohibited service shall be from
four o'clock (4:00) AM. to twelve o'clock (12:00) noon.
B. All unfinished drinks shall be cleared from the premises within ten (10)
minutes after the closing time set forth in A above. It shall be a violation of
this Section if after the passage of such ten minutes there are alcoholic
beverages in any container other than an unopened or corked or
otherwise properly reclosed original container that has been returned to
the appropriate place of display or storage
C. Subject to (B) above, a premises with any Class F license may be kept
open during hours when service is prohibited, but no alcoholic beverages
27
may be delivered, consumed or remain on tables or a bar during such
hours Nothing contained in this Section shall be deemed to authorize any
licensed premises 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 any other Village regulation or restriction. (Ord. 4664,
8-16-1994; amd. Ord. 5482, 3-15-2005)
13.404:
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 Civic Permit
as a Temporary Outdoor Entertainment Permit so long as the permittee complies
with all other conditions of the permit and all other regulations of the Village.
13.405:
PROHIBITED CONDUCT:
No licensee may engage in, advertise or promote in any way, whether within or
outside of the licensed premises, any of the practices prohibited under this
section.
The following conduct is prohibited:
A. The sale, delivery, service or giving of any alcoholic beverages to any of
the following:
1. A person under twenty-one (21) years of age.
2. An intoxicated person;
3. A person previously involved in a fight in the establishment. (Ord.
4664, 8-16-1994)
B. Entertainment of a sexual nature.
1. 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.
2. The actual or simulated touching, caressing or fondling of the
breasts, buttocks, anus or genitals.
3. The actual or simulated display of the breasts, pubic hair, anus,
vulva or genitals.
28
4. 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.
5. The displaying of films or pictures depicting acts, which if performed
live, are prohibited by this section. (Ord. 4664, 8-16-1994)
C. Other Prohibited Acts.
1. Every liquor licensee is prohibited from engaging in the following
acts:
a. Service of more than two (2) alcoholic beverage drinks
during any thirty (30) minute period to one person even if the drinks are
purportedly purchased for more than one individual.
b. Service to any person of an unlimited number of alcoholic
beverage drinks during any set period of time for a fixed price. The
Commissioner may permit, in writing, a food service licensee to serve
alcoholic beverages, at a fixed ticket price, for private functions where the
general public is not invited.
c. Service of alcoholic beverage drinks to any person or group
of persons during any period of the business day at prices less than those
charged to the general public during the rest of that business day, except
at private functions upon written permission of the Commissioner. For
purposes of this paragraph (c), "business day" shall mean that single
business period from the time of opening to the closing of the
establishment even if that time period encompasses parts of two calendar
days.
d. Increasing the volume of spirits content in a drink on a given
day without increasing proportionately the price otherwise
charged for such a drink during the calendar week.
e. Encouraging or permitting any game or contest which
involves drinking or the awarding of drinks as prizes.
2. The prohibitions contained in this section shall not prevent a liquor
licensee from:
a. Offering free food or approved entertainment.
b. Including a single drink as part of a meal package.
c. Free wine tasting as allowed by a Daily Sampling Permit.
29
d. Offering room service to registered guests in hotels licensed
for such services. (Ord. 4664,8-16-1994)
e. Offering of wine, by the open bottle (exception applies to
Class F only).
D. Bars and Lounges.
It shall be unlawful for any holder of a liquor 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. This Subsection C(2)
shall not apply to seating at tables in the lounge when the establishment's
full food menu is available in that lounge and the minor is accompanied
by a parent.
E. Corkage, as defined in Article I, is prohibited in the Village.
13.406:
FIGHTING PROHIBITED; LICENSEES CONDUCT:
A. Fighting at a 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 in an amount as set forth in Appendix A, Division III of this
Code.
B. A summary of Subsection A of this Section shall be prominently displayed
in all premises holding a liquor license. The notice shall further state that any
licensee, employee or agent of a licensee observing a fight shall immediately
notify the Village Police Department. Such a sign shall be available from the
Village Manager's office.
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. In
determining whether a violation of this section has occurred, the Commissioner
may consider the following matters, among others:
30
1. Prior incidents of reported or unreported fighting.
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 intoxication should have been evident to the licensee.
4. Whether any participant was intoxicated and whether the licensee
had an opportunity to effect 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, over serving 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, the Commissioner shall make a
determination of whether the licensee violated the "maintenance of order
standard". If it is determined that a violation occurred, the Commissioner may
impose any penalty set forth in Section 13.601 of this Article up to and including
license revocation.
D. The following procedure shall be observed by a licensee with respect to
the outbreak or threatened outbreak of a fight:
1. The licensee 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 local liquor control Commissioner a
report on a form provided by the Village containing the following
information:
a. The number of persons involved in the fight;
31
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 opinion as to why the fight occurred.
E. Failure by the licensee to give immediate notification to the Police
Department of a fight on a licensed premises or failure to file a report as required
in Subsection D of this Section with the Commissioner shall subject the licensee
to a mandatory fine as set forth in Appendix A, Division III of this Code, and a
possible suspension or revocation of the liquor license. For purposes of this
section the word "immediate" shall mean at the very moment that one party
threatens another, actually commences fighting with another or a breach of the
peace is imminent.
F. The provisions of this section shall not generally apply in circumstances
where alcohol is used in an individual guest room within a hotel or where alcohol
is mixed and poured at the hotel bar but is delivered to a separate banquet or
meeting room. This section shall apply to any other service of alcohol at a hotel,
including, but not limited to, serving 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. (Ord. 4664, 8-16- 1994; amd. Ord. 4801, 7-2-
1996; Ord. 5189, 5-15-2001)
13.407:
CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON
PREMISES:
A. Any act or failure to act of an employee or agent of either the licensee or a
management company with respect to the licensed business shall be deemed to
be the act of the licensee. Any duty set forth in this Chapter as a duty of the
licensee shall also be the duty of any agent or employee of the licensee.
B. No employee or other deliverer of alcohol may consume or be permitted to
consume any alcoholic beverages 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 beverages on the licensed premises before or
after the permitted hours of operation. (Ord. 4664,8-16-1994)
32
D. A person must be at least nineteen (19) years of age to deliver alcoholic
beverages. Additionally, no person under twenty one (21) years of age may work
as a bartender or deliver alcohol from behind a bar.
E. A designated manager or other supervisor shall be on the premises at all
times that liquor is served.
F. Any person that delivers or pours alcoholic beverages and all managers
and supervisors of a licensed premises must provide proof of having completed a
certified alcohol awareness training course within thirty (30) days of being hired.
13.408:
Reserved
13.409:
COMPLIANCE WITH BUILDING, SANITARY, SAFETY AND
OTHER REGULATIONS OF THE VILLAGE:
All licensed premises shall be maintained 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. (Ord. 4664, 8-
16-1994)
13.410:
SEALING AND REMOVAL OF OPEN WINE BOTTLES FROM A
CLASS F LICENSEE:
Notwithstanding any other provision of this Chapter 13, any Class F or Class S-4
licensee may permit a patron to remove one unsealed and partially consumed
bottle of wine for off-premise consumption so long as there is compliance with
the following conditions: (1) the patron has purchased a meal and consumed a
portion of the bottle of wine with the meal on the licensed premises; and (2) the
partially consumed bottle of wine that is to be removed from the premises
pursuant to this Section is securely sealed by the licensee prior to removal from
the premises; and (3) the bottle is placed in a transparent one-time use tamper-
proof bag; and (4) the licensee has provided a dated and time stamped receipt
for the specific bottle of wine to the patron. It shall be the absolute duty of the
licensee to assure that the type of "tamper proof' bag that is used is such that
any removal or attempted removal of the bottle from the bag will be obvious to
any law enforcement officer.
The wine that is resealed in accordance with the provisions of this Section and
not tampered with shall not be deemed an unsealed container for the purposes of
Section 11-502 of the Illinois Vehicle Code.
ARTICLE V
REGULATIONS WITH RESPECT TO UNDERAGE PERSONS
33
13.501 :
CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION
PROHIBITED:
It shall be unlawful for any underage person to consume, purchase, accept a gift
of or have alcoholic beverages in his or her possession or in his or her blood
stream. The prohibitions set forth in this subsection shall not apply in the
circumstances described in Subsections 13.508(C)(1) and C(2).
13.502:
ALCOHOLIC BEVERAGES IN OR ON A MOTOR VEHICLE
PROHIBITED.
It shall be unlawful for any underage person to operate a motor vehicle when any
alcoholic beverage, whether sealed or unsealed, is in or on any portion or
compartment of the motor vehicle. This is an absolute liability offense. It shall
not be a defense to this Section that the operator did not know that the alcoholic
beverage was in or on the vehicle. It shall not be a defense that the alcoholic
beverage belonged to or was in the possession of another person. It shall be the
obligation of the operator to assure, by any means necessary, that no alcoholic
beverage is in or on the motor vehicle.
13.503:
OPERATION OF A MOTOR VEHICLE WITH ALCOHOL IN THE
SYSTEM PROHIBITED:
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 whatsoever 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. (Ord. 4664,8-16-1994)
13.504:
PROCEDURES WHEN AN UNDERAGE PERSON VIOLATES
THIS CHAPTER:
When any underage person (i) operates any motor vehicle in which or on which
is found any alcoholic beverage, or (ii) when the underage person is in a state of
impairment due to consumption of alcohol; or (iii) has alcohol in his or her system
the following shall apply:
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.
34
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. If the underage operator is the owner or lessee 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 to the underage operator only after the passage of twenty-
four (24) hours.
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 an administrative fee as set forth in Appendix A, Division II of this
Code, to the Police Department, plus any towing or storage costs.
F. 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.
G. 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. (Ord. 4664,8-16-1994; amd. Ord. 4754,9-
5-1995; Ord. 5189, 5-15-2001)
13.505:
RESERVED.
13.506:
USE OF FALSE IDENTIFICATION:
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 beverages.
(Ord. 5189,5-15-2001)
13.507:
FALSE IDENTIFICATION NOT A DEFENSE:
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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 service of any
alcoholic beverage to an underage person that the underage person used false
identification or false 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. (Ord. 4664, 8-16-1994)
13.508:
FACILITATING THE USE OF ALCOHOLIC BEVERAGES BY
UNDERAGE PERSONS:
A. Serving 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 of this Section.
B. Use Of Premises For Consumption Of An Alcoholic Beverage: It shall be
unlawful for any person to knowingly permit or to knowingly or negligently
fail to immediately prevent or stop, 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 and to
the private and regulated service of an alcoholic beverage. For purposes
of this section, if a person over twenty-one years of age is in a residence
where underage drinking is occurring, negligence in either permitting or
failing to prevent the consumption shall be presumed and the burden of
proving that such person was not negligent shall fall on such person.
C. Exceptions: 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 service of an alcoholic beverage within the home to an
underage person, by and under the direct supervision of that
underage person's 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
Section 13.601 shall apply. For purposes of this Subsection,
the consumption of alcohol may be determined to be a
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contributing factor if it had the effect of substantially causing
an impairment to the person as "impairment" is defined in
this Article. 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 0 of this Section.
D. Vicarious Liability Of A Parent Or Other Person Facilitating The Use 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 service of an alcoholic
beverage to the underage person. For purposes of this Subsection
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(1), the person making or permitting the initial serving 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 by an underage person as
set forth in B above.
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 driving 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.
ARTICLE VI
PENAL TIES
13.601 :
PENAL TIES:
A. General Penalty. Unless another penalty is set forth below, every person
found guilty of a violation of any of the provisions of this Chapter shall be subject
to a fine as set forth in Appendix A, Division III of this Code, for the first offense
and for each subsequent offense.
B. Specific Penalties: Certain specific penalties shall be set forth in Appendix
A, Division III under the sections or subsections that correspond with the text.
C. Separate Offense; Alternatives: 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 as set forth in Appendix A, Division III of this
Code. If the offense is related to alcohol or substance abuse and the offender is
under twenty one (21) years of age, the court may, in lieu of any mandatory fines,
assign the offender to a chemical abuse counseling program that is licensed by
the Illinois department of alcohol and substance abuse which includes a certified
evaluation program and not less than four (4) hours of counseling. Fines
assessed by the court against any offender may be in addition to any penalty
assessed against a licensee in any administrative proceeding. (Ord. 4754, 9-5-
1995; amd. Ord. 5189, 5-15-2001; Ord. 5518,11-1-2005)