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HomeMy WebLinkAboutOrd 6110 12/17/2013 Amending Chapter 13 "Alcoholic Liquor" Articles I through IVORDINANCE NO. 6110 AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUOR" ARTICLES I THROUGH IV OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article I through Article IV of Chapter 13 "Alcoholic Liquor" of the Mount Prospect Village Code shall be deleted in their entirety and inserting in lieu thereof the following new Articles I through IV to be and read as follows: Article I DEFINITIONS 13.101: WORDS AND PHRASES: 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 twenty first 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. ALCOHOL WRISTBAND: An indicia of eligibility (worn on the wrist of a movie theater patron) to be served an alcoholic beverage by an S -5 (movie theater) licensee. 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 definitions of 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. BOTTLE CLUB: A type of service of spirits in which the spirits are purchased by the customer and then kept at a licensed premises for use or consumption by the customer on subsequent visits. 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 subsections 13.204.1 D2a(4) and D2b(1) of this chapter.) 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. COSMETIC FACILITY: A business at which a person receives cosmetic services from a state licensed professional, such as a barber or cosmetologist, Cosmetic Facility shall not include massage establishments as defined elsewhere in this Code. CUSTOMER BAR: A bar on a licensed premises that is open for actual visiting by, seating for or service to the customer. 2 DRAMSHOP 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. ENDORSEMENT: A supplement to a liquor license that confers additional service privileges and obligations. ENTERTAINMENT: Any playing of prerecorded music or voices or any live act or performance whether or not using sound amplification. 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 service of a variety of wines, beers or spirits 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. HOSPITALITY SUITE OR ROOM: A suite or room at a hotel in which an organization sponsoring an event at the hotel offers alcoholic beverages without charge to registered guests of the sponsoring organization. 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 3 beverages in the manner set forth in the text of a designated classification. License, as used in this chapter shall, in applicable circumstances, include any permit or certification pursuant to section 13.204 of this chapter. LICENSE TERM: The time between the issuance or renewal of a license and its expiration date. 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, 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, 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. 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 chapter. 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 section. MANAGER: That sole natural person, on the licensed premises, who is charged with the supervision, oversight and management of the entire business and physical premises. MOVIE THEATER: Any building to which the public is invited and pays consideration for the purpose of viewing motion pictures. MOVIE THEATER AUDITORIUM: That portion (or those portions) of a movie theater 4 where patrons are seated for the actual viewing of motion pictures. 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. 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 ". 5 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: a) for value; or b) to the public from a business venue; or c) in the course of business; or d) at a civic event; or e) through a paid bartender at any location other than a private home. Also referred to as "regulated service ". 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. 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. UNDERAGE PERSON: Any person who has not attained his or her twenty first 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 defined herein. (Ord. 5727, 3 -3 -2009; amd. Ord. 5841, 4 -6 -2011) Article II LICENSING FOR REGULATED SERVICE 13.201: LICENSE REQUIRED: 13.202: APPLICATION FOR A LOCAL LIQUOR LICENSE: 13.203: RESTRICTIONS ON ISSUANCE OF LICENSES: 13.204: CLASSIFICATIONS: 13.204.1: DESCRIPTIONS AND RESTRICTIONS: 13.205: NUMBER OF LICENSES: 13.206: LICENSE TERM: 13.207: RENEWAL OF LICENSE: 13.208: NATURE OF LICENSE; TRANSFER PROHIBITED: 13.201: LICENSE REQUIRED: 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 G 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. 5727, 3 -3 -2009) 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. 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 a license may be issued to any applicant (except an applicant for a Class F -7 License [corkage] where no background check shall be required), background checks (which shall include the submission of fingerprints to appropriate agencies) shall be performed with respect to the key individuals owning and /or operating the licensed business. At a minimum, the local manager or managers and the persons functioning as the chief operating officer and chief financial officer shall be subject to such background checks. 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. The commissioner may accept the fingerprints from another jurisdiction for persons not residing or working within fifty (50) miles of the village. A reasonable fee may be charged by the police department for each person required to be fingerprinted. For purposes of this subsection, the commissioner may require such documentation as he or she deems appropriate to determine who must be fingerprinted, and the commissioner's decision as to fingerprinting shall be final. 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: 7 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. 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. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011) 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 corporation that is neither incorporated in Illinois nor qualified and registered under the Illinois business corporation act to transact business in Illinois; provided that this limitation shall not apply to a temporary promotion permit. B. No liquor license may be issued to any entity: 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 is a limited liability corporation whose members are corporations and not natural persons. 4. Which does not hold a valid Mount Prospect class II business license for the premises as required by this code. 5. To which a federal gaming device stamp or a federal wagering stamp has been issued for the current tax period. 6. Not eligible for a state retail liquor dealer's license. 7. Which does not designate a manager for the premises. 8. If a manager, officer, director, member or five percent (5 %) or greater shareholder: a. At the time of application for renewal of a liquor license would not have been eligible for a license upon a first application. b. Has been issued a federal gaming device stamp or federal wagering stamp for the current tax period. C. Is an employee or elected official of the village. 9. 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. 10. If the principal(s) of an applicant has never previously held a local liquor license in the State of Illinois, the principal(s) and manager(s) shall be required to complete actual classroom alcohol awareness training. C. No liquor license may be issued in any of the following circumstances unless the local liquor control commissioner issues a written determination that it is in the best interests of the village that the license be issued despite the circumstances and that such circumstances will not be a detriment to the health, safety and welfare of the village: 1. Has been found guilty of: a) any felony at any time; b) any offense, within the past two (2) years involving the sale, use or possession of alcoholic beverages or controlled substances; c) 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; d) any violation, at any time, of any federal or state law concerning the manufacture of alcoholic beverages; e) 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. 9 2. Has previously had a liquor license revoked in this or any other jurisdiction. (Ord. 5727, 3 -3 -2009) 13.204: CLASSIFICATIONS: A. Licenses: Liquor licenses in the village shall be divided into the following classifications: 1. Package licenses (P): Class P -1 General package license. Class P -2 Secondary package license. Class P -3 Wine and beer only package license. Class P -4 Wine only package license. Class P -5 Home delivery license. 2. Food service licenses (F) Class F -1 Restaurant without lounge license. Class s 2 Restaurant, wine and beer only license. Class F -3 Restaurant with lounge license. Class F -4 Private club license. Class F -5 Banquet facility license. Class F -6 Golf course license. Class F -7 Restaurant Corkage license. 3. Specialty licenses (S): Class S -1 Hotel license. Class S -2 [Bowling alley license. Class S -3 [Tavern license. 10 Class S -4 [Gourmet beverage shop license. Class S -5 Movie Theater license. Class S -6 Cosmetic Facility License. Class S -7 Caterer's License Class S -8 License with special conditions. B. Temporary Permits: 1. Non -Mount Prospect caterer's permit. 2. Ad Hoc C. License Endorsements: 1. Sampling 2. Mount Prospect caterer 3. Outdoor entertainment 4. Corkage Endorsement (Class F only). Any Class F -1, F -2 or F -3 licensee may, in the discretion of the Licensee, allow a patron to bring his or her own unopened wine into the establishment subject to the same restrictions as a Class F -7 license. D. Certifications: 1. Management entity certification. 2. Outdoor certification. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1- 2011; Ord. 5841, 4 -6 -2011; Ord. 5887, 12 -20 -2011) 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. No license, permit or certification may be issued unless the applicant's business is specific to one of the following classifications: 11 A. Class P Licenses (Package): Restrictions Applicable To All Class P Licenses: a. Consumption and /or allowing consumption on the premises where sold is prohibited. (See subsection D2b(2) of this section for special daily sampling events.) 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). 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. 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 a class P -1 license: (1) Under no circumstances shall there be more than five (5) class P -1 general package licenses outstanding at any time. (2) The license may not be issued for a premises whose primary business is the sale of groceries or other products. b. Secondary 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 goods and products other than alcoholic beverages. Regulations specific to a class P -2 license: (1) The licensed premises shall contain not less than ten thousand (10,000) square feet of floor area. (2) The sale of prepackaged food items must be a significant (not merely incidental) aspect of the business model. 12 C. Wine And Beer Only Package License: Class P -3, for the delivery only of wine and beer in its original package. Regulations specific to the class P -3 license: (1) 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. 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: (1) 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 a class P -5 license: (1) Only beer and wine may be delivered within the village pursuant to a class P -5 license. (2) Delivery within the village must be made directly into the hands of an actual individual and may not be "dropped off' at an address. B. Class F Licenses (Food Service): 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 subsection D2b(1) of this section for off site catering privileges. e. See subsection E3 of this section for outdoor service of alcoholic beverages at establishments that are within three hundred feet 13 (300') of a residential zoning district and subsection 14.311 B of this code for regulation of outdoor dining areas in other parts of the village. See Section 13.408 of this chapter for the holding of events for civic organizations. f. Spirits may not be sold, delivered or served by the bottle. (See Banquet Facility exception at 13.204.1 B(2)e(2) 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: (1) Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. (2) 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: (1) Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. (2) 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: (1) Alcoholic beverages delivered in the restaurant portion of the premises shall be limited to those patrons dining in the restaurant. (2) Alcoholic beverages may be served in the lounge portion of the premises with or without the service of food. (3) The total lounge area shall be no more than fifty percent (50 %) of the floor area of the premises. 14 d. Private Club License: Class F -4, for providing of alcoholic beverages at a private club. Regulations specific to a class F -4 license: (1) Service of alcoholic beverages may be only to: a) members; and b) guests of a specific member if that member is also on the premises. (2) 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. (3) 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. (4) 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: (1) Consumption of alcoholic beverages at or over a bar shall be permitted, but all consumption shall be limited to those patrons who are guests invited specifically to the private event. (2) Spirits may be delivered and served at individual tables in the same manner as beer or wine. f. Golf Course License: Class F -6, for the service of alcoholic beverages at golf courses. This license shall include service in a clubhouse restaurant, a clubhouse 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: (1) 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. 15 (2) 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. g. F -7 Restaurant Corkage License. Class F -7 shall allow patrons to bring unopened wine into a restaurant establishment for the sole purpose of consumption in that establishment. Regulations specific to the Class F -7 license: (1) A corkage fee may be assessed to the participating patrons. (2) Corkage service shall be limited to those patrons dining in the restaurant and seated at a table. Corkage service shall not be available in a lounge. (3) Corkage wine may only be consumed on the premises during the hours set forth in Section 13.403. (4) A manager who has successfully completed a certified alcohol awareness training course shall be on the premises any time that corkage service is available. The individual servers are not required to have such training. C. Specialty Licenses: See section 13.408 of this chapter for the holding of events for civic organizations. 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. Alcoholic beverages may be served, consumed or allowed to be consumed only in guestrooms, hospitality suites and other areas of the hotel that are designed, designated and used as lounges or food service areas. 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. 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. 16 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. f. Except for the stocking and use of in room bar or refrigeration units, spirits may not be sold, delivered or served by the bottle. 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. e. Spirits may not be sold, delivered or served by the bottle. 3. Tavern License: Class S -3, restrictions specific to class S -3 licenses: 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 subsection E2 of this section for off site catering privileges. C. Spirits may not be sold, delivered or served by the bottle. 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, may be served. C. Glasses or flights of wine or beer may be served on the licensed premises under the following conditions: 17 (1) Hors d'oeuvres must be available for consumption with the wine or beer. (2) No more than ten (10) ounces of wine or twenty (20) ounces of beer may be served to any individual during any day. (3) Each glass or flight of wine may contain no more than five (5) ounces and each glass or flight of beer may contain no more than ten (10) ounces. d. A class S -4 licensee may conduct off premises winetasting upon securing a daily or annual sampling license endorsement and in accord with the regulations for such endorsement. On premises samplings do not require a sampling endorsement, but nonetheless must be conducted in accord with the regulations of subsection E(1) of this section. e. A class S -4 licensee may serve wine and beer at an event where the sponsor has obtained a permit even if the event is not on the S- 4 licensed premises. f. A class S -4 licensee may serve wine or beer at a Mount Prospect licensed business which does not otherwise possess a Mount Prospect liquor license under the following conditions: (1) Such service may take place at a promotional event inside the business premises only. (2) The business must have obtained an ad hoc permit. (3) Such service at any single business may be made at not more than two (2) such events in any license term. (4) The S -4 licensee may not conduct such service for a total of more than twenty (20) times in any license term. The licensee shall notify the commissioner, in writing, not less than fourteen (14) days in advance of any such service event. 5. Movie Theater License: Class S -5, for delivery of alcoholic beverages at a movie theater. Restrictions specific to a class S -5 license: a. Service of alcoholic beverages shall be limited to a designated customer bar. b. Service of alcoholic beverages may be made only to persons wearing a wristband approved by the village of Mount Prospect police 18 department ( "alcohol wristband "). The person dispensing alcohol wristbands shall have completed a certified alcohol awareness training course as set forth in subsection 13.407 of this chapter. The alcohol wristband shall be valid only for the date on which it is obtained from the movie theater. This subsection C5b may be waived, in writing, by the commissioner if the commissioner is of the opinion that other procedures instituted by the licensee provide acceptable substitute measures to assure that underage persons are not served. This waiver may be made only after a review of the written statement of practices that the applicant intends to institute. If there is such a waiver, the waiver may be withdrawn by the commissioner at such time as the commissioner makes a finding of service of alcohol to an underage person pursuant to this chapter. C. Alcoholic beverages may be consumed in the movie theater auditorium, but may not be delivered or served in any movie theater auditorium. d. The containers in which alcoholic beverages are served must be of a different color, size and design than those in which nonalcoholic beverages are served. e. Beer may be sold only in individual containers holding twenty (20) ounces or less. All other alcoholic beverages may be sold only in individual containers holding twelve (12) ounces or less. This limitation shall be absolute and shall apply irrespective of the actual alcohol content of the beverage. f. No more than one alcoholic beverage may be delivered to a customer in any one trip to the bar. g. There may be no service of alcoholic beverages unless the movie theater is actually open for the showing of movies. Under no circumstances may alcoholic beverages be served more than one hour prior to the advertised showing time of the first movie to be shown on any day. h. The lobby bar and the lounge area associated with the bar may comprise no more than twenty percent (20 %) of the floor area outside of the auditoriums. i. The lobby bar shall be subject to the requirements of subsection 13.405 of this chapter. If the licensee creates a separate and discreet lounge area as part of its bar and liquor service; such lounge area shall also be subject to subsection 13.405 of this chapter. 19 j. An employee of the licensee who has completed a certified alcohol awareness training course shall be designated to monitor compliance with alcohol laws and be on duty on the premises whenever there is service of alcoholic beverages. k. The S -5 licensee shall be responsible if any alcohol is consumed by any minor at any location within or on the movie theater premises whether the alcohol was purchased at the movie theater or not. 6. Cosmetic Facility License: Class S -6. A Class S -6 license for the service of alcoholic liquor at a barbershop, beauty shop or spa. Regulations specific to a Class S -6 license: a. Service may be only to customers of the shop or facility and only for consumption of the drink on the premises while the customer is waiting for or receiving customary barber, cosmetic, beauty shop or spa services from the facility. b. It shall be lawful for any Class S -6 licensee to serve any such wine or beer only between the hours of twelve o'clock (12:00) noon and nine o'clock (9:00) P.M. C. Advertising the availability of alcohol may not be visible from the exterior of the licensed premises. d. No more than two (2) services of any alcoholic beverage shall be made to the customer during any single calendar day. e. Service shall be limited to wine, sparkling wine, champagne or beer. 7. Caterer's License: Class S -7. Class S -7 for the delivery of alcoholic beverages by a caterer. Restrictions specific to a Class S -7 license: a. Notice must be given in writing to the Village Manager of the time, location and approximate number of guests at least 72 hours in advance of the event, at which alcoholic beverages will be served. b. A full menu of food must be available for consumption by patrons the entire time that alcoholic beverages are available. C. All servers or pourers of alcoholic beverages must have completed a certified alcohol awareness training course. 20 d. 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. 8. License With Special Conditions: Class S -8, 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: Regulations Applicable To All Temporary Permits: a. The commissioner may attach such conditions as are appropriate for a temporary permit. b. For temporary permits, the local liquor control commissioner, in his or her sole discretion, may accept host liability coverage as a substitute for dramshop insurance. C. Temporary permits may be issued on a daily basis only. The number of days shall be within the sole discretion of the commissioner, but in no event may permits be issued for more than five (5) consecutive days. d. No more than twelve (12) such permit days shall be available to any one such organization during a license term. e. The permitee is responsible for securing any applicable state permit. If the state liquor commission requires a permit and it is not obtained; then the Village temporary permit shall be deemed void ab initio. It is the responsibility of the permitee to determine whether or not a state permit is needed and issuance of a Village permit has no bearing on the issue of whether a state permit is required. f. Unless otherwise stated, there shall be a daily permit fee as set forth in appendix A, division II of this code. g. All other regulations of this chapter shall apply to the permit. 2. Specific Temporary Permits: Temporary permits are divided into the classifications set forth below: a. Non -Mount Prospect Caterer's Permit: A permit for the service of alcoholic beverages, at an otherwise unlicensed premises, by a 21 caterer not possessing a Mount Prospect liquor license. Regulations specific to a non -Mount Prospect caterer's permit: (1) The caterer must possess a valid liquor license from another Illinois jurisdiction. (2) 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. (3) The permit shall be subject to such other conditions as may be established by the commissioner. b. Ad Hoc Temporary Permit. The commissioner shall have the authority to issue an ad hoc temporary permit, where the commissioner determines that such permit is in the best interests of the public. E. Endorsements: 1. Sampling Endorsement: An endorsement allowing the holder of any class P 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 subsection C4d of this section with respect to an S -4 license.) Regulations specific to a sampling endorsement: a. The sampling shall be attended and supervised by a full time adult employee and may occur only in a designated area on the licensed premises; 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. Signs or other materials advertising the availability of "sampling" may not be visible from the exterior of the licensed premises. However, an establishment with an annual sampling endorsement may post one such sign, not to exceed 3 square feet in area, so long as it does not violate the Village sign ordinance; and e. Quantities may not exceed a total of ten (10) ounces per customer per day. 22 2. Mount Prospect Caterer's Endorsement: A license endorsement for the service of alcoholic beverages, at an otherwise unlicensed premises, by a Mount Prospect class F or class S -3 licensee. Regulations specific to a Mount Prospect caterer's endorsement: 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 endorsement may be purchased on an annual or daily basis. C. The endorsement shall be subject to such other conditions as may be established by the commissioner. 3. Outdoor Entertainment Endorsement: An endorsement allowing outdoor live music for a class F licensee. Regulations specific to a temporary outdoor entertainment endorsement: a. 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. b. The commissioner may attach such other conditions to the endorsement as may be advisable to protect the peace and quiet of the surrounding area. C. The commissioner, the village manager or a designee 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. 4. Corkage Endorsement: An endorsement allowing patrons of F -1, F -2, F -3 or S -3 establishments to bring the patron's own unopened bottle of wine for on premises consumption consistently with the regulations for an F -7 license. F. Certifications: Specific Certifications: a. Outdoor certification for allowing outdoor service of alcoholic beverages (for other outdoor dining regulations, see subsection 14.311 B of this code). Regulations specific to outdoor certificates: (1) For establishments within three hundred feet (300') of a residential zoning district: 23 (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 feet (300) of a residential zoning district but does not meet the criteria of subsection E3 of this section, subject to the following: (i) The outdoor service area is on property owned or leased by the licensee and is on or 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 certificate 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 24 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, F -2 or 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 percent (5 %) or more of ownership of the business, a new outdoor certification must be obtained by the licensee. (2) For establishments that are more than three hundred feet (300') from a residential zoning district: The regulations of subsection 14.311 B 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: (1) 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. (2) 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. (3) A management entity shall be subject to the jurisdiction of the commissioner in the same manner as a licensee. W 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. (4) An underlying village liquor license must previously have been obtained for the premises. (Ord. 5727, 3 -3 -2009; amd. Ord. 5732, 4 -8 -2009; Ord. 5836, 3 -1 -2011; Ord. 5841, 4 -6 -2011; Ord. 5887, 12 -20 -2011; Ord. 6055, 2 -19 -2013) 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 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. 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. (Ord. 5727, 3 -3 -2009) 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.) If an application for a new license is received after January 31 of any year, the commissioner shall have the authority to issue a license that runs through April 30 of the next year (a license period of up to 15 months); provided the applicant pays a license fee that is prorated to include the additional time for which the license is valid. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011) 13.207: RENEWAL OF LICENSE: 26 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. (Ord. 5727, 3 -3 -2009) 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. Although regulations in subsections Al through A3 of this section shall be generally applicable, the commissioner shall have the sole discretion to determine whether the transfer of a business has occurred such that the transferee must secure a new license. Unless a new application has been filed and approved by the commissioner, an illegal transfer will be deemed to have been attempted and the license shall become null and void on the following circumstances: 1. As to a closely held corporation, 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. 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. 2. 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. 3. As to a limited liability company, if there has been a change in the managing partner or change in or replacement of any member of the limited liability company of whom the commissioner had previously required fingerprinting. B. 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. C. 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. 27 D. 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. 5836, 3 -1 -2011) Article III LOCAL LIQUOR CONTROL COMMISSIONER 13.301: COMPENSATION, POWERS AND DUTIES OF 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 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. 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. 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. In addition, the commissioner may fine any individual that the commissioner determines has violated any provision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 28 1. The village manager, the chief of police or the village attorney may file a written charge of a violation with the commissioner. 2. The charges shall be served on the licensee. The charges shall set a hearing date and time informing the licensee of the right to such hearing for the purpose of presenting evidence to dispute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty one (21) days after service of the charges on the licensee. 3. The commissioner may, in writing, delegate to the village manager the authority to confer with the licensee with respect to any charges. However, the penalty to be assessed and any waiver of a hearing shall be subject to the commissioner's final approval. 4. If the licensee fails to respond to the charges; the commissioner may enter a default order against the licensee. 5. If the commissioner sustains the charge or any portion of it either after default, hearing or conference, 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. 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. PQ 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. F. Upon a finding of endangerment to the health, safety and welfare of citizens or property, the commissioner may fine, suspend or revoke any license pursuant to this section, even if such endangerment is caused by persons other than the licensee or the licensee's agents or employees. Such endangerment may include, but not be limited to, excessive noise by patrons while visiting the licensed premises, consumption of alcoholic beverages in areas immediately adjacent to the licensed premises, littering or destruction of neighboring property by patrons, traffic violations by patrons of the licensed premises, use of any illegal or controlled substance on or adjacent to the licensed premises, the necessity of police or other village services at the licensed premises or the necessity of police services caused by patrons after being served alcoholic beverages at the licensed premises. No action may be taken against a licensee by the commissioner in circumstances described by this subsection F unless it is shown that the commissioner or the village, by any of its various departments, has given the licensee written notice of the endangerment activities on at least two (2) occasions, and, in the opinion of the commissioner, after a reasonable time period, such endangerment has not been sufficiently cured or remedied. The power of the commissioner to act in those situations is a recognition of the principle that the holding of a liquor license is a special privilege and not a right and that such a privilege, irrespective of the good intentions of the licensee, remains absolutely subordinate to the welfare of the community. (Ord. 5727, 3 -3- 2009; amd. Ord. 5836, 3 -1 -2011) Article IV REGULATION OF LICENSES'io 13.401: INSURANCE: 13.402: LOCATION OF SERVICE: 13.403: CLOSING HOURS: 13.404: ENTERTAINMENT: 13.405: PROHIBITED CONDUCT: 13.406: FIGHTING PROHIBITED; LICENSEE'S CONDUCT: tul 13.407: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: 13.408: CIVIC ORGANIZATIONS: 13.409: COMPLIANCE WITH OTHER REGULATIONS OF THIS CODE: 13.410: SEALING AND REMOVAL OF OPEN WINE BOTTLES: 13.401: INSURANCE: A. Every licensee shall be required to obtain and maintain the insurance coverage as set forth in appendix A, division I of this code. 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 equivalent for such premises as set forth in appendix A, division I of this code. (Ord. 5727, 3 -3 -2009) 13.402: LOCATION OF SERVICE: 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. 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, an off -site catering endorsement or a catering license, as set forth in section 13.204 of this chapter. D. Outdoor Service: Notwithstanding any other provisions of this 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 of this chapter. (Ord. 5727, 3 -3 -2009) 13.403: CLOSING HOURS: A. It shall be unlawful to engage in the service of any alcoholic beverages during the following hours: All class P licensees: 31 From twelve o'clock (12:00) midnight to eight o'clock (8:00) A.M. each day. 2. All other licensees: Monday through Friday: One o'clock (1:00) A.M. to eight o'clock (8:00) A. M. Saturday: Two o'clock (2:00) A.M. to eight o'clock (8:00) A.M. Sunday: Two o'clock (2:00) A.M. to nine o'clock (9:00) A.M.; except that: On Thanksgiving Day, the hours of prohibited service shall be from 2:00 A.M. to 8:00 A.M. On January 1 St of each year, the hours of prohibited service shall be from four o'clock (4:00) A.M. to eight o'clock (8:00) a.m. B. All unfinished drinks shall be cleared from the premises within ten (10) minutes after the closing time set forth in subsection A of this section. It shall be a violation of this section if after the passage of such ten (10) 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 subsection B of this section, a premises with any class F license may be kept open during hours when service is prohibited, but no alcoholic beverages 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. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011) 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 duly issued ad hoc permit or an outdoor entertainment license endorsement so long as the permittee or licensee complies with all other conditions of the permit or endorsement and all other regulations of the village. (Ord. 5727, 3 -3 -2009) 13.405: PROHIBITED CONDUCT: 32 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. Sale, Delivery, Service Or Giving Of Alcoholic Beverages: The sale, delivery, service or giving of any alcoholic beverages to either of the following: 1. A person under twenty one (21) years of age. 2. A person previously involved in a fight in the establishment. 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. 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. C. Other Prohibited Acts: Every liquor licensee is prohibited from engaging in the following acts: a. Service to any person of an unlimited number of alcoholic beverage drinks during any set period of time for a fixed price. The foregoing notwithstanding, a Licensee may serve alcohol as part of a fixed price package subject to the following conditions: (1) Such fixed price service events shall not exceed three (3) per license year. price. (2) Full meal service shall be included in the fixed ticket 33 (3) The Village Manager must be provided with a minimum of seven (7) days prior written notice of the event. (4) Non -fixed price ticket holders must dine in a portion of the establishment that is discreet from the portion where the event is held. (5) All other liquor code regulations shall apply including, but not limited to, over - service of alcoholic beverages. b. 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 subsection 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 (2) calendar days. C. 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. d. Encouraging or permitting any game or contest which involves drinking or the awarding of drinks as prizes. e. Delivery of alcoholic beverages to any person in such quantity as to result in the person becoming intoxicated. 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 or beer tasting as allowed by a sampling endorsement. d. Offering room service to registered guests in hotels licensed for such services. e. Offering of wine, by the open bottle (exception applies to class F and S -4 licenses 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 34 2. Remain in or be seated in the lounge. This subsection D2 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. Bottle Clubs: Bottle clubs, as defined in article I of this chapter are prohibited. F. Consumption On Premises: Except for class P and S -4 licenses and subject to section 13.410 of this article, all service of alcoholic beverages shall be for consumption on the premises at which the delivery took place. (Ord. 5727, 3 -3 -2009; amd. Ord. 5836, 3 -1 -2011; Ord. 5887, 12 -20 -2011) 13.406: FIGHTING PROHIBITED; LICENSEE'S 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: 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. 35 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 chapter 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; b. The approximate amount of alcohol consumed at the premises by each person involved in the fight; fight; C. What action, if any, was taken by the licensee to prevent the 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. 36 F. The provisions of this section shall not generally apply in circumstances where alcohol is used in an individual guestroom 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. 5727, 3 -3 -2009) 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 server 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. 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 "manager ", as defined by this chapter, shall be on the premises at all times that the licensed premises is open for business. F. Any person that delivers, serves 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. This regulation shall not apply to duly issued ad hoc permits if the requirement is specifically waived by the Commissioner. (See also 13.204.1(A)2g(4). (Ord. 5727, 3 -3 -2009) 13.408: CIVIC ORGANIZATIONS: The following shall apply to civic organizations and the regulations of this chapter: A. A civic organization may hold a fundraising event at any class F or S premises without obtaining an ad hoc permit under the following conditions: 1. The commissioner is notified, in writing, at least seven (7) days in advance of the event. 37 2. All food and alcoholic beverage service is conducted by the class F or S licensee with the licensee's employees and at licensee's menu prices, as in the normal course of business for that license. B. If the class F or S licensee intends to provide food or alcoholic beverage service other than from its regular menu and at menu prices or if the cost of the service of alcoholic beverages is part of a donation or ticket price, then the civic organization must obtain an had hoc permit pursuant to subsection 13.204.1 Ma(1) of this chapter. C. As to either subsection A or B of this section, the civic organization, but not the liquor licensee, may advertise for the event in any manner permitted by law, and in either case, proceeds of the event may be shared with the civic organization. (Ord. 5727, 3 -3 -2009) 13.409: COMPLIANCE WITH OTHER REGULATIONS OF THIS CODE: 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, building and safety conditions. (Ord. 5727, 3 -3 -2009) 13.410: SEALING AND REMOVAL OF OPEN WINE BOTTLES: Notwithstanding any other provision of this chapter, any class F or S -4 licensee may permit a patron to remove one unsealed and partially consumed bottle of wine for off premises consumption so long as there is compliance with the following conditions: a) the patron has purchased a meal (class F) or hors d'oeuvres (class S -4) and consumed a portion of the bottle of wine with the meal on the licensed premises; and b) 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 c) the bottle is placed in a transparent onetime use tamperproof bag; and d) 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 "tamperproof' 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. (Ord. 5727, 3 -3 -2009) 13.411: TAXI SERVICE: Each Class F licensee shall post a notice as provided by the Village, that taxi service is available to any person who is in need of such service. The notice shall be posted conspicuously in each washroom, at the bar and at each exit. 38 SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 17th day of December, 2013 Arlene A. Juracek Village President ATTEST: M. ` isa Angell, Villa e CI rk 39