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HomeMy WebLinkAboutOrd 166 04/03/1934 r~ II ' ,. \0 \:;'1" '';1' AN ORDINANCE TO REGULATE THE SALE OF ALCOHOLIC LIQUORS IN THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK AND STATE OF ILLINOIS. BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, County of Cook and State of Illinois: SECTION 1. DEFINITIONS. Unless the context otherwise requires, the terms defined in and by Section 1 of an act of the General Assembly of the State of Illinois, entitled: "An Act Relating To Alcoholic Liquors", ap.proved January 31, 1934, and in force February 1, 1934, when used in this ordinance shall be construed according to the definitions given to said terms in and by said Act, except that in the definition of the word "hotel": the designated number of rooms used for sleeping accommodations of guests may be five (5) instead of twenty-five (25). SECTION 2. LICENSE REQUIRED. It shall be unlawful to sell or offer for sale at retail in the Village of Mount Prospect, any alcoholic liquor without having a retail liquor dealers license, or in violation of the terms of such license. SECTION 3. APPLICATIONS. Application for such license shall be made to the Village President, in writing, signed by the Applicant, if an individual, or by a duly authorized agent thereof if a group or organization, verified by oath or affidavit, and shall contain the following information and statements: (1) The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, for profit, or a club, the date of incorpora- tion, the objects for which it waS orgfj:nized, the names and addresses of the officers, and directors, and if a majority in interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person; (2) The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization; (3) The character of business of the applicant; and in case of a corporation, the objects for which it was formed; (4) The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued; (5) The amount of goods, wares and merchandise on hand at the time application is made; (6) The location and description of the premises or place of business which is to be operated under such license; (7) A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application; (8) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by rea- son of any matter or thing contained in this ordinance, laws of this State, or the ordinances of this village; (9) Whether a previous license by any state or sub- division thereof, or by the federal government has been revoked, and the reasons therefor; (10) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the village in the conduct of his place of business. Before any Class A or Class B license, as hereinafter defined, shall be issued on such application the applicant shall furnish a bond to said Village with two sureties, who shall be residents of the Village of Mount Prospect, and who shall be -2- 'i il II II II able to schedule real estate owned by them in said Village of 8 I market value of twice the penalty of such bond over and above any encumbrances, taxes, or assessments. Such bonds shall pro- ~' vide against any violation by the principal, his agents or employees, of any of the terms of this ordinance or any ordinances rules and regulations now in force or which may hereafter be in force in said Village affecting the operation of such business. The penalty of such bond shall be $1000.00. -- SECTION 4. RESTRICTION ON LICENSES. No such license shall be issued to: (1) A person who is not a resident of the village and has not been such resident for at least six (6) months; (2) A person who is not of good character and reputa- tion in the community in which he resides; (3) A person vTho is not a citizen of the Un! ted States; (4) A person who has been convicted of a felony under the laws of the State of Illinois; (5) A person who has been convicted of being the keeper or is keeping a house of ill fame; (6) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality; (7) A person whose license issued under this ordinance has been revoked for cause; (8) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application; (9) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license; (10) A corporation, if any officer, manager or director thereof, or any sto~older or stockholderso"~g in the aggre- gate more than five percent (5%) of the stock of such corporation -3- would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision; (11) A person whose place of business is conducted by a manager or agent unless said manager or ~gent possessed the same qualifications required of the licensee; (12) A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession [or sale of alcoholic liquor, subsequent to the passage of this ordinance, or shall have forfeited his bond to appear in court to answer charges for any such violation; (13) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued; (14) Any law enforcing public official, any mayor, alderman, or member of the city councilor commission, any president of the village board of trustees, any member of a village board of trustees or any president or member of a county board; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distri- bution of alcoholic liquor; (15) Any person, association, or corporation not eligible for a State retail liquor dealer's license. SECTION 6. TERM - PRO RATING FEE. Each such license shall terminate on the 30th day of April next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. -4- SECTION 6. CLASSIFICATION - FEES. Such licenses shall be and are hereby divided into three (3) classes, to-wit: (1) Class A licenses, which shall authorize the retail sale on the premises specified of $lcoho1ic liquor for consump- tion on the premises as . well as other retail sales of such liquor. The annual fee for such license shall be $250.00. (2) Class B licenses, which shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold. The annual fee for such license shall be $100.00. (3) Class C which shall authorize the retail sale of alcoholic liquor by clubs, as defined by said Act entitled: "An Act Relating to Alcoholic Liquors", approved January 31, 1934, and in force February 1, 1934, on the premises of such blub to its members and gueats for consumption on such premises. The annual license fee shall be based upon the membership of such club and be at the rate of $1 for each regular membership out- standing during such year, or any portion of such year, up to seventy-five, making a maximum annual fee of $75.00. The president of the village may also grant a daily ~ I' permit to any local organization or group, such as a fire depart- I ment, ~eteranfs organization, lodge~ church and similar organiza- I tions, authorizing the sale of beer at any picnic, carnival or similar function given by said organization; prOVided that not more than five such daily permits shall be issued to anyone such organization during the period of one year. The fee for such daily permit shall be $5.00. SECTION 7. DISPOSITION OF FEES. All such fees shall be paid to the president of the village at the time application 1s made, and shallbe forthwith turned over to the treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be depotited in the general corporate fund or in such other fund as shall have been designated by the board of trustees, -5- by proper action. SECTION 8. CONSUMPTION ON PREMISES. It shall be unlaw- ful for any one not having a Class A or a Class C license to sell or offer for sale any alcoholic liquor for consumption on the premises where sold, or to permit the same to be consumed on the premises where sold, except that holders of a daily permit for the sale of beer issued under the provisions of Section 6 of this ordinance may sell beer for consumption on the premises where sold, as provided by such permit. SECTION 9. NUMBER OF LICENSES. There shall be issued in the village no more than five (5) Class A licenses to be in effect at any time. SECTION 10. LIST. The president shall keep or cause to be kept a complete record of all such licenses issued by him; and shall furnish the clerk, treasurer, and chief of police each with a copy thereof; upon the issuance of any new license, or the revocation of any old license, the president shall give written notice of such action to each of these officers within forty- eight (48) hours of such action. SECTION 11. TRANSFER OF LICENSE. A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this ordinance provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or SUbject to being encumbered or hypothecated. Such license shall not descend by the laws of testate, or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business ofl the sale or manufacture of alcoholic liauor under order of the -6- I i appropriate court, and may exercise the privileges of the decease1 or insolvent or bankrupt licensee, after the death of such deced- ent, or such insolvency or bankruptcy until the expiration of SUCl license, but not longer than six months after the death, ba~k- ruptcy or insolvency of such licensee. A refund shall be made of '. ! that portion of the license fees paid for any period in whiCh the I licensee shall be prevented from operating under such license in I accordance with the provisions of this paragraph. Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and I i the premises for which such renewal license is sought are sUitablt for such purpose; AND, PROVIDED, FURTHER, that the renewal : privilege herein provided for shall not be construed as a vested I right which shall in any case prevent the president from decreas- ing the number of licenses to be issued wi thin his jurisdiction. I, SECTION 12. CHANGE OF LOCATION. A retail liauor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such , location may be changed only upon the written permit to make SUChil change issued by the president. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this State and the ordinances of the village. SECTION 13. PEDDLING. It shall be unlawful to peddle alcoholic liquor in the village. SECTION 14. SANITARY CONDITIONS. No room or premises , used for the retail sale of alcoholic liquor shall be located in the basement of any bUilding, or in any room or premises the floor of which is below the street or sidewalk level of the adjacent street, and all premises used for the retail sale of alcoholic liquor, or f0r the storage of such liquor for such sale, shall be kept in a clean and sanitary condition, and shall -7- -I .. ' be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption. SECTION 15. EMPLOYEES. It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious or venereal disease; and it shall be un- lawful for any::person who is afflicted with or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor. SECTION 16. RESTRICTED AREA. It is hereby determined that the following described portion of the village is predomin- antly residential in character: All that part of the Village of Mount Prospect, except the lots and parcels of land fronting on Northwest Highway from Elm Street to Prospect Manor Avenue; and except the lots and parcels of land fronting on Main Street from Northwest Highway to Central Road; and except the lots and parcels of land front- ing on Busse Avenue from Northwest Highway to Main Street; and except the lots and parcels of land fronting on Prospect Avenue from Maple Street to Central Road. It shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any such portion of the village hereby designated as predominantly residential in char- acter, unless at least two-thirds of the adult residents residing within a radius of 1000 feet adjacent to such place of business for which a license is sought, shall file with the local liquor commissioner or license officer their written consent to the use of such place for the sale of alcoholic liquors. -8- . SECTION 17. LOCATION RESTRICTIONS. I No license shall bJ issued for the sale at retail of any alcoholic liouor within a radius of 100 feet of any church, school, hospital, home for aged or indigent persons or for veterans, their wives or children or any military or naval station; PROVIDED, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of this ordinance. No person shall hereafter engage in business as a retailer of any alcoholic liquor within 100 feet of any under- taking establishment or mortuary. SECTION 18. CLOSING HOURS. It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the village between the hours of 12:00 o'clock midnight and 6:00 o'clock in the morning on any week day, and between the hours of 1:00 o'clock in the morning and 12:00 o'clock noon on any Sunday, except that any organization or group holding a daily permit for the sale of beer only, as provided for herein, may operate the picnic, carnival or similar func~ion for which such permit is granted, until 2:00 o'clock A.M., and dispense beer thereunder, at which hour said function must close or cease. It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited; PROVIDED, that in the case of restaurants, clubs, and hotels such establishments may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours. SECTION 19. ELECTION DAYS. No person shall sell at retail any alcoholic liauor on the day of any national, state, county or municipal elec tion, including primary elections, during the hours the polls are open, within the political area in which such election is being held. -9- SECTION 20. VIEW FImM. STREET. In premi.ses upon which the sale of alcoholic liquor for censumption upon 'the premises is lioensed (other than as a hotel or club), no screen, blind, cur- tain, partition, article or thing shall be permitted in the windo~s I or upon the doors of such licensed premises nor inside such pre- mises, whioh shall prevent a olear view into the interior of suoh , licensed premises from the street, road or sidewalk at all times, and no booth, soreen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall prevent a full view of the entire interior of such premises from the street, road, or sidewalk, and said premises must be so located that there shall be a full view of the entire interior of such premises fdom the street, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions, shall be wilfully obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions 0 this section, the president shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as above required. No loud, boisterous or disorderly conduct shall be per- mitted in or upon such premises, and the use and playing of playe pianos and automatic orchestras in and upon such premises is pro- hibited. No l'i.quor shall be sold to any minor, nor shall any mino be permitted in or upon premises where alcoholic liquor is sold for consumption on such premises, other than a restaurant, hotel or club,~cept when accompanied by a parent or guardian. SECTION 21'. PROVISIONS OF ACT RELATING TO ALCOHOLIC LIQUORS INCLUDED. All the provisions of said Act of the General -10- \ . Assembly of the State of Illinois entitled: "An Act Relating to Alcoholic Liquors", approved January 31, 1934, and in force February 1, 1934, relating and applying to the sale of and the conducting of the business of selling of alcoholic liquor at retail, shall be and are hereby incorporated in this ordinance as a part thereof, the same as though they had been fully set forth in this ordinance and a violation of any of such provisions shall also be a violation of this ordinance. SECTION 22. REVOCATION. The president may revoke any retail liquor dealer's license for any violation of any provision of this ordinance, or for any violation of any State law pertaining to the sale of alcoholic liquor. SECTION 23. LOCAL LIqUOR CONTROL COMMISSIONER. The president of the village, who by virtue of said Act of the Legislature of the State of Illinois, entitled: "An Act Relating to Alcoholic Liquors", is constituted the Local Liquor Control Commissioner of this Village, shall, when and if he makes any appointment of a person or persons to assist him in the exercise of the powers and the performance of the duties of such Local Liquor Control Commissioner, as provided in and by said Act, re- port tbename or names of such persons to the Board of Trustees, together with the period of time for which such appointment has been made, and such appointment or appointments shall be spread of record on the minutes of said Board. Such Local Liquor Control Commissioner and his assistant or assistants, if any, shall have such additional powers, functions and duties with respect to licenses and the control of the retail liquor business, other than the powers, functions and duties prescribed in and by said Act as the Board of Trustees may from time to time prescribe and direct by resolution adopted by such Board. -11- " SECTION 24. PENALTY. Any person, firm or corporation violating any provisions of this ordinance shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 25. This ordinance shall take effect and be in full force from and after its passage and publication as provided by law. PASSED by the Board of Trustees this ~, A.D. 1934. ~ day of gdww~ Village Clerk. ~ APPRO VED thi s 1 , day of ~"A.D. 1934. %~.P#~~v: ~ . presid;nt. -12-