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HomeMy WebLinkAboutIV. Chapter 13 Liquor Code Revisions Last updated 1-16-09 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Chapter 13 entitled “Alcoholic Liquors” of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting Chapter 13 in its entirety and adding a new Chapter 13 entitled “Alcoholic Liquors” to be and read as follows: ARTICLE I DEFINITIONS 13.101: WORDS AND PHRASES : Unless the context otherwise requires, the following terms shall be construed according to the definitions set forth below. ACTING IN THE COURSE OF BUSINESS: Any action taken by a person at a business premises in the Village, or in furtherance of a business purpose in the Village. st ADULT: Any person who has attained his or her 21 birthday. ALCOHOL AWARENESS TRAINING: Training, with respect to over serving of drinks, identifying intoxicated customers, proof of age and other safety factors, provided by an accredited agency that is approved by the Commissioner, for the purpose of educating persons who serve, deliver or provide alcoholic beverages. ALCOHOLIC BEVERAGES OR LIQUOR: A. Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more than one-half of one percent (0.5%) of alcohol by volume. B. Any beverage containing any scientifically detectable trace of alcohol and commonly known as "near beer", "nonalcoholic beer", or "nonalcoholic wine", whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol content, is marketed as being similar to beer or wine. BANQUET FACILITY: A food service facility whose primary business is the hosting of parties, celebrations and events which are attended by specific invitees of a specific host as opposed to “drop-in” or reservation dining by the general public. BAR: A barrier or counter, at and over which alcoholic beverages are opened, poured, prepared or served. (See also “Customer Bar” and “Service Bar”.) BEER: A beverage obtained by alcoholic fermentation or infusion in a brew or concoction of barley or other grain, malt or hops, in water. This includes beer, light beer, ale, stout, lager beer, porter and other similar brews. CATERER: A person who, for compensation, provides food and service for a banquet, dinner or other special occasion where the recipients of the food or service are specifically invited to each particular event. (See 13.204(L) and (P)4 and 5) CERTIFICATION: That specific grant of the privilege and authority, pursuant to the exact requirements of this Chapter, to a person for the service of alcoholic beverages in the manner set forth in the text of a designated classification. CONTROL OF PREMISES: The legal or beneficial ownership, rental, lease or licensure shall constitute control of property. Control may also exist where none of the aforesaid legal relationships apply, but where an adult occupies or is otherwise in charge of or charged with the supervision of a particular premises. CORKAGE: The bringing of an alcoholic beverage, by a patron, into a place of business for the purpose of consuming the alcoholic beverage on the premises. CUSTOMER BAR: A bar on a licensed premises that is open for actual visiting by, seating for or service to the customer. DRAM SHOP INSURANCE: That insurance required of every licensee, the purpose of which is to insure the licensee against the statutory liability imposed by the Illinois Liquor Control Act. ENTERTAINMENT: Any playing of pre-recorded music or voices or any live act or performance whether or not using sound amplification. 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. 2 FIGHTING: Any threatening or touching of another person which provokes or tends to provoke a breach of the peace. This shall include, but not be limited to, any disputatious physical action between or among persons. FLIGHT OF WINE: A single serving of a variety of wines in small glasses. GENERAL PUBLIC: The whole body politic including the people of the neighborhood, the Village, the State of Illinois, the United States of America, and/or persons at large traveling through the Village, as distinct from the designation of a particular person or group of persons. HOST LIABILITY INSURANCE: A typical business insurance coverage that protects an owner against claims that his or her business or premises caused damage or injury or caused liability to accrue to a business invitee. HOTEL: Every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for sleeping accommodations and where dining rooms are maintained in the same building or buildings. IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio. LICENSE OR LIQUOR LICENSE: That specific grant of the privilege and authority, pursuant to the exact requirements of this chapter, to a person to deliver alcoholic beverages in the manner set forth in the text of a designated classification. License, as used in this Chapter 13 shall, in applicable circumstances, include any permit or certification pursuant to Section 13.204. LICENSED PREMISES: The building and land at the address for which the license is issued. For purposes of determining parameters of the location where an act is prohibited by this Chapter 13, Licensed Premises shall include all off street parking, any public property immediately adjacent to the private address and the entirety of the contiguous property owned by the same entity owning the licensed premises. For purposes of determining the parameters of the location where an act is permitted by this Chapter 13, Licensed Premises shall mean only the interior of the building at the licensed address unless an outdoor or other permit or certification specifically allows for activity on the exterior of the premises. LICENSE TERM: The time between the issuance or renewal of a license and its expiration date. 3 LICENSEE: That person who has been issued a liquor license, permit or certification by the Commissioner. For purposes of actions required of or prohibited of a licensee, this shall include the holder of a Mount Prospect liquor license and any officer, principal, employee or agent of the license holder. LOCAL LIQUOR CONTROL COMMISSIONER: The office of the mayor or the president of the Village, including appropriate legal counsel. This may include such other persons as the mayor may appoint, either by written policy or practice, to aid in the exercise of the powers and the performance of the duties of the Local Liquor Control Commissioner. The Local Liquor Control Commissioner will be referred to as the “Commissioner” in this Article. LOUNGE: That portion of a licensed restaurant or club that is not part of the main dining area, where a customer bar and other seating is located, and that is kept, used, maintained, advertised and held out to the public as a place where alcoholic beverages may be consumed. MAINTENANCE OF ORDER STANDARD: That standard by which it shall be determined whether a licensee has maintained order on the licensed premises. It shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing "fighting" as defined in this chapter. OPERATION OF A MOTOR VEHICLE: The operation or control of a motor vehicle anywhere in the Village of Mount Prospect, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location within the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there is more than one person in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle. ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container that is used, corked or capped, sealed and labeled by the manufacturer of alcoholic beverages to contain and to convey any alcoholic beverages. Original package means that the container must not be or have been opened or unsealed. PARENT: A natural or adoptive parent or a court designated guardian. 4 PERMIT: That specific grant of the privilege and authority, pursuant to the exact requirements of this chapter, to a person to serve alcoholic beverages in the manner set forth in the text of a designated permit classification. PRIVATE CLUB: A not-for-profit corporation supported by the dues of its members and organized solely for the promotion of some common objective other than the sale or consumption of alcoholic beverages. RESTAURANT: Any public place maintained, and held out to the public as a place primarily devoted to being a full service dining establishment at which the service of alcoholic beverages is incidental and complementary to the service of such meals. Limited food service, as typically provided by drive-in restaurants, luncheonettes, diners, coffee shops, fast food operations and similar uses, does not satisfy the requirements of this definition. SERVICE BAR: A bar on a licensed premises that is not open for actual visiting by or seating for the customer, but is used solely as a drink preparation area for servers. SERVICE OF ALCOHOLIC BEVERAGES (OR “SERVICE”): The sale, delivery, giving, service, providing or exchange of an alcoholic beverage from one person to another. Service of alcoholic beverages is meant to include the provision of any alcoholic beverage by whatever means by one person to another. This definition includes being an employee who actually serves alcoholic beverages or who is a cashier at a licensed premises. Service of alcoholic beverages by any Class P licensee shall generally be referred to as “delivery of alcoholic beverages.” SERVICE OF ALCOHOLIC BEVERAGES FOR VALUE: The service of alcoholic beverages for any consideration of any nature. This shall include, without limitation, the inclusion of alcoholic beverages in a single price of admission and/or in the price of a ticket and/or the price of a meal, even if for charitable purposes. SERVICE OF ALCOHOLIC BEVERAGES (REGULATED): This is the type of service of alcoholic beverages that is regulated by this Chapter. Regulated service generally includes the following: service at any location within the Village: (1) for value; or (2) to the public from a business venue; or (3) in the course of business; or (4) or at a civic event; or (5) through a paid bartender at any location other than a private home. Also referred to as “Regulated Service.” SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other solution and includes brandy, rum, whiskey, gin or other spirituous beverages and such beverages when rectified, blended or otherwise mixed with alcohol or other substances. 5 st UNDERAGE PERSON: Any person who has not attained his or her 21 birthday. VICARIOUS LIABILITY: That liability which is implied as a matter of law even though the person may not have directly caused an injury or property damage. WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or "spirits", as above defined. (Ord. 4664, 8-16- 1994; amd. Ord. 5491, 6-7-2005) ARTICLE II LICENSING FOR REGULATED SERVICE OF ALCOHOLIC BEVERAGES 13.201: LICENSE REQUIRED FOR REGULATED SERVICE: A. It shall be unlawful to engage in regulated service of any alcoholic beverage without first having obtained a Village liquor license. Every person engaged in regulated service of alcoholic beverages in the Village shall obtain the appropriate liquor license authorizing the service of the specific type and character of alcoholic beverages and the specific type of business or activity at which it may be provided. The fee to be paid for such licenses shall be as set forth in Appendix A, Division II of this Code. B. Except for a temporary Village permit or a management entity certification, there shall be no service of alcoholic beverage by the licensee until the licensee has obtained a liquor license required by the state for the service of alcoholic beverages. C. All licenses, permits, certifications and/or placards issued pursuant to this chapter shall be displayed in a prominent place that is visible to patrons. (Ord. 4664, 8-16-1994; amd. Ord. 4801, 7-2-1996) 13.202: APPLICATION FOR A LOCAL LIQUOR LICENSE: A. Application for a local liquor license shall be made to the Commissioner. The application shall be upon forms provided by the Commissioner. Only completed forms may be considered. Each application shall be accompanied by the nonrefundable application fee and the applicable license fee as set forth in Appendix A, Division II of this Code. 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. 6 C. Before any license may be issued to an applicant each stockholder owning an aggregate of more than five percent (5%) of the stock of a corporation and each manager, principal, owner and officer shall be fingerprinted by the Mount Prospect Police Department. An investigation will be performed to enable the Commissioner to ascertain whether the issuance of a license will comply with all applicable regulations of the Village. If the applicant is a publicly traded corporation, the Commissioner may accept the fingerprints from another jurisdiction for persons not residing or working within fifty (50) miles of the Village. Under all circumstances, however, the local manager must be fingerprinted by the Mount Prospect Police Department. A reasonable fee may be charged by the Police Department for each person required to be fingerprinted. (Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001) D. No license may be issued until all information and documentation required in the application has been provided. All of the reports from the various departments and agencies with respect to background checks must be completed and all fees must be paid. The foregoing notwithstanding, the Commissioner may, at the Commissioner's sole discretion, issue the license prior to the completion of a background check under the following circumstances: 1. The Police Department believes the background check will be completed within ninety (90) days. 2. No information is currently available which would indicate that the applicant would be ineligible for a license. 3. The applicant has demonstrated to the satisfaction of the Commissioner that the immediate issuance is necessary to assure the viability of the business. 4. The Commissioner retains the absolute right to revoke the license, without a hearing, if subsequently discovered information would, in the sole discretion of the Commissioner, have made the licensee originally ineligible for the license. 5. The licensee executes a release and hold harmless statement that is satisfactory to the Village Attorney and absolutely absolves the Village, its officers or employees of any liability if the Commissioner subsequently revokes the license based on completion of the background check. (Ord. 4664, 8-16- 1994) 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. 7 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 not either incorporated in Deleted: A limited liability corporation; (4) Illinois or 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 corporation: 1. Whose business is conducted by a manager or agent who is not an actual employee of the licensee, unless such manager or agent possesses a management entity certification. 2. Which does not legally or beneficially own the premises for which a license is sought, or does not have a lease for the full period for which the license is to be issued. 3. Which does not hold a valid Mount Prospect class II business license for the premises as required by this Code. 4. To which a federal gaming device stamp or a federal wagering stamp has been issued for the current tax period. 5. Not eligible for a state retail liquor dealer's license. 6. Does not designate a manager for the premises. 7. If a manager, officer, director or five percent (5%) or greater shareholder: a. Has been found guilty of (i) any felony at any time; (ii) any offense, within the past two (2) years involving the sale, use or possession of alcoholic beverages; (iii) any other crime, at any time, if, upon due investigation, the Commissioner determines that such individual has not been sufficiently rehabilitated to warrant the public trust; (iv) any violation, at any time, of any federal or state law concerning the manufacture of alcoholic beverages; (v) any gambling offense as prescribed by Subsections (a)(3) through (a)(10) of Section 5/28-1 of, or as prescribed by Section 5/28-3 of, the Criminal Code of 1961, approved July 28, 1961, as amended, or as prescribed by statute replacing any of these statutory provisions. b. Has previously had a liquor license revoked in this or any other jurisdiction. 8 c. At the time of application for renewal of a liquor license would not have been eligible for a license upon a first application. d. Has been issued a federal gaming device stamp or federal wagering stamp for the current tax period. e. Is an employee or elected official of the Village. f. Is not of good character and reputation in the community in which the individual resides. 8. Which, upon review of the application taken as a whole, by the Commissioner, is deemed by prior actions as indicated from the application or background check to be a substantial risk of not abiding by the regulations of the Village. 13.204: CLASSIFICATIONS: A. Licenses. Liquor licenses in the Village shall be divided into the following Classifications: 1. Package Licenses (P): Class P-1 General Package License Class P-2 Super Market 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 F-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 3. Specialty Licenses (S): Class S-1 Hotel License Class S-2 Bowling Alley License Class S-3 Tavern License Class S-4 Gourmet Beverage Shop License 9 Class S-5 License With Special Conditions B. Permits. 1. Temporary Civic Permit Library Permit Village Permit Non-Mount Prospect Caterer’s Permit Mount Prospect Caterer’s Permit Daily Sampling Permit Outdoor Entertainment Permit Promotion Permit 2. Annual Mount Prospect Caterers Permit C. Certifications. Outdoor Certification Management Entity Certification 13.204.1 DESCRIPTIONS AND RESTRICTIONS: The restrictions on a particular license, permit or certification classification shall be binding on the licensee and no premises or activity may be operated in violation of the classification restrictions and regulations. (Ord. 4664, 8-16-1994; amd. Ord. 4801, 7-2-1996; Ord. 4995, 2-16-1999; Ord. 5189, 5-15-2001; Ord. 5258, 6-18-2002; Ord. 5482, 3-15-2005; Ord. 5491, 6-7-2005; Ord. 5556, 4-18- 2006; Ord. 5574, 7-5-2006) No license, permit or certification may be issued unless the applicant’s business is specific to one of the following classifications: A. Class P License (Package) 1. Restrictions Applicable to All Class P Licenses: a. Consumption and/or allowing consumption on the premises where sold is prohibited. (See paragraph D(6) 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). (Ord. 4664, 8-16-1994) 10 c. A Class P licensee may sell gasoline for motor vehicles only if the sale of gasoline takes place at a building or structure that is physically separated from the licensed premises. d. Except for a duly permitted daily sampling, it shall be unlawful for the holder of any Class P license to deliver alcoholic beverages in any container other than its original sealed and unopened package. (Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001; Ord. 5610, 1-16-2007). 2. Specific Class P Licenses a. General Package License. Class P-1 for delivery of all alcoholic beverages in an original sealed package. Regulations specific to Class P-1 license: i. Under no circumstances shall there be more than five Class P-1 general package licenses outstanding at any time. ii. The license may not be issued for a premises whose primary business is the sale of groceries or other products. b. Supermarket Package License: Class P-2, for delivery of alcoholic beverages in an original package only, at a premises where the primary business is the sale of grocery and related products. Regulations specific to a Class P-2 license: A Class P-2 licensed premises shall contain not less than ten thousand (10,000) square feet of floor area. c. Wine And Beer Only Package: Class P-3, for the delivery only of wine and beer in its original package. Regulations specific to the Class P-3 license: No Class P-3 license shall be issued for a premises whose primary business is the sale of groceries or other products not related to the sale of alcohol unless the premises occupies at least ten thousand (10,000) square feet of floor area. d. Wine Only Package License: Class P-4, for delivery only of wine in its original package. Regulations specific to a Class P-4 license: No Class P-4 license shall be issued for a premises whose primary business is the sale of groceries or other products 11 unless the premises occupies at least ten thousand (10,000) square feet of floor area. e. Home Delivery License; Class P-5, for the storage or loading within the Village of alcoholic beverages that are to be delivered to residences. Regulations specific to Class P-5 License. i. Only beer and wine may be delivered within the Village pursuant to a Class P-5 license. ii. Delivery within the Village must be made directly into Deleted: , the hands of an actual individual and may not be “dropped off” at an address. B. Class F Licenses (Food Service). 1. Restrictions Applicable to All Class F Licenses: a. The premises shall be primarily devoted to the preparation, cooking and serving of meals. b. The premises must have a kitchen, dining room, staff and equipment as deemed adequate by the Village Health Authority. c. Full food service including dinner and/or luncheon menus shall be offered at all times while alcoholic beverages are served. d. See paragraph D(5) of this section for off-site catering Deleted: privileges. e. See paragraph E-1 of this section for outdoor service of alcoholic beverages at establishments that are within 300 feet of a residential zoning district and Section 14.311(B) of the Zoning Ordinance for regulation of outdoor dining areas in other parts of the Village. 2. Specific Class F Licenses: a. Restaurant without Lounge License: Class F-1, for service of alcoholic beverages at a restaurant. Regulations specific to a Class F-1 license: i. Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. 12 ii. Service of alcoholic beverages shall be limited to those patrons dining in the restaurant. b. Restaurant, Wine And Beer Only License: Class F-2, for the providing of beer and wine only at a restaurant. Regulations specific to a Class F-2 license: i. Consumption or allowing of consumption of alcoholic beverages at any place other than dining tables is specifically prohibited. ii. Service of alcoholic beverages shall be limited to those patrons dining in the restaurant. c. Restaurant With Lounge License: Class F-3, for providing of alcoholic beverages by restaurants maintaining a separate lounge area. Regulations specific to the Class F-3 license: i. Alcoholic beverages delivered in the restaurant portion of the premises shall be limited to those patrons dining in the restaurant. ii. Alcoholic beverages may be served in the lounge portion of the premises with or without the service of food. iii. The total lounge area shall be no more than fifty percent (50%) of the floor area of the premises. d. Private Club License, Class F-4 for providing of alcoholic beverages at a Private Club. Regulations specific to a Class F-4 license: i. Service of alcoholic beverages may be only to (a) members; and (b) to guests of a specific member if that member is also on the premises. ii. The organization must own or lease a premises of sufficient size and character for the reasonable and comfortable use and accommodation of its members and their guests. iii. The licensee’s affairs and management must be conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. iv. No member or any officer, agent or employee of the club may be paid or directly receive as compensation, any profits from the distribution or sale of alcoholic beverages at the club, 13 beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the private club. e. Banquet Facility License, Class F-5 for the service of alcoholic beverages at private events at the banquet facility. Regulations specific to a Class F-5 license: Consumption of alcoholic beverages at or over a bar shall be permitted, but all consumption shall be limited to those patrons who are guests invited specifically to the private event. f. Golf Course License, Class F-6, for the service of alcoholic beverages at golf courses. This license shall include service in a club house restaurant, a club house lounge, service from licensee owned carts on the golf course, service at any other snack or food facility on the course and at events on the golf course grounds. Regulations specific to a Class F-6 license: i. If the golf course also offers regular meal service in a restaurant type of facility, then the regulations applicable to the appropriate Class F license shall apply to that restaurant facility. ii. If the golf course does not operate a restaurant facility, but operates a lounge, the regulations applicable to an S-3 license shall apply to the lounge. C. Specialty Licenses: 1. Hotel License: Class S-1, for the service of alcoholic beverages to guests of the hotel. Regulations specific to the Class S-1 license: a. No alcoholic beverages may be served, consumed or allowed to be consumed in the lobby or hallways of the hotel. b. If the hotel Premises is used for private events, then the regulations applicable to Class F-5 (Banquet Facility) shall apply. c. If the hotel also offers regular meal service in a restaurant or restaurant type of facility, then the regulations applicable to the appropriate Class F license shall apply to that restaurant facility. 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. 14 e. Absolute liability and responsibility shall attach to the S-1 licensee if any alcohol is consumed by a minor at any location within or on the hotel premises, including any in-room bar or refrigeration units. 2. Bowling Alley License: Class S-2, for service of alcoholic beverages at a bowling alley. Regulations specific to a Class S-2 license: a. The premises must operate as a bowling alley with full bowling facilities. b. Alcoholic beverage service must be incidental to bowling. c. The lounge area may comprise no more than twenty five percent (25%) of the floor area. d. Food service must be available to patrons at all times when alcoholic beverages are served. 3. Tavern License: Class S-3. Restrictions specific to Class S 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 paragraph D(5) of this section for off-site catering privileges. 4. Gourmet Beverage Shop License, Class S-4. The regulations governing Class P (Package License) shall apply, except as follows: a. A Gourmet Beverage Shop License shall be available only in a B-5 zoning district. b. No spirits, as defined by this Chapter 13, may be served. c. Glasses or flights of wine may be served on the licensed premises under the following conditions: i. Hors d’oeuvres must be available for consumption Deleted: and sandwiches with the wine. Deleted: served ii. No more than 10 ounces of wine may be served to any individual during any day. 15 iii. Each glass or flight of wine may contain no more than 5 ounces. d. A Class S-4 license may conduct off-premises wine tasting Deleted: either on-premises or pursuant to a Daily Sampling Permit and in accord with the regulations for such permit. For on-premises consumption, samplings that are otherwise in accord with the Daily Sampling Permit may be conducted without securing a Daily Sampling Permit. e. A Class S-4 license may serve wine and beer at a civic event not on the S-4 licensed premises the organization sponsoring the civic event has obtained a Temporary Civic Permit. f. A Class S-4 license may serve wine (but not beer) at a Mount Prospect licensed business which does not otherwise possess a Mount Prospect liquor license under the following conditions: i. Such service may take place at a promotional event inside the business premises only. ii. Such service at any single business may be made at not more than two such events in any license term; iii. The S-4 license may not conduct such service for a total of more than twenty times in any license term. The licensee shall notify the Commissioner, in writing, not less than fourteen days in advance of any such service event. 5. License With Special Conditions: Class S-5: The corporate authorities may, from time to time, create conditional licenses which are based on the license classifications set forth above, but which contain additional conditions and restrictions. These licenses with special conditions, while created by the corporate authorities, shall remain subject to issuance by the Commissioner. D. Permits; Temporary. Temporary Permits are divided into the classifications set forth below. 1. 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 Dram Shop Insurance. 16 c. There shall be a daily permit fee as set forth in Appendix A, Division II of this Code. d. All other regulations of this Chapter shall apply to the permit. 2 Specific Temporary Permits: a. Permits not requiring an existing Mount Prospect liquor license: i. Civic Permit: A permit for the service of alcoholic beverages by any nonprofit organization or club having a bona fide address within the Village such as a church, fraternal order or lodge, veterans' organization, civic organization or other similar organization. Regulations specific to the Civic Permit: (a) The service of alcoholic beverages may be done only at a special event sponsored or given by the organization for the sole benefit of the organization. (b) Each day of the event shall require a permit. (c) No more than twelve (12) such permit days shall be available to any one such organization during a license term. (d) The licensee must obtain a State of Illinois Special Event Permit. ii. Library Permit: A permit for the Mount Prospect Library Board of Trustees for service of alcoholic beverages. Regulations specific to a Library Permit: Service and consumption may take place only on the premises of the Mount Prospect Public Library, 10 South Emerson Street. iii. Village Permit: A permit for the service of beer and wine at Village sponsored or Village hosted events. Regulations specific to a Village Permit: The event must be on Village property. iv. Non-Mount Prospect Caterer’s Permit: A permit for the service of alcoholic beverages, at an otherwise unlicensed 17 premises, by a caterer not possessing a Mount Prospect liquor license. Regulations specific to a Non-Mount Prospect Caterer’s Permit: (a) The caterer must possess a valid liquor license from another Illinois jurisdiction. (b) The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a Village sponsored event. (c) The permit shall be subject to such other conditions as may be established by the Commissioner. b. Permits Requiring an Existing Mount Prospect License. i. Mount Prospect Caterer’s Permit: A permit for the service of alcoholic beverages, at an otherwise unlicensed premises, by a Mount Prospect Class F licensee. Regulations specific to a Mount Prospect Caterer’s Permit: (a) The caterer may serve alcoholic beverages only at events to which specific persons (not the general public) have been previously invited or at a Village sponsored event. (b) A Mount Prospect Caterer’s Permit may be purchased on an annual or daily basis. (c) The permit shall be subject to such other conditions as may be established by the Commissioner. ii.. Daily Sampling Permit. A permit allowing the holder of any Class P or Class S-4 license, to serve wine or beer, without charge, in small and limited amounts, for sampling purposes only and in conjunction with sales promotional efforts occurring on the licensed premises. (See 13.204(c)4(d) for exceptions). Regulations specific to a Daily Sampling Permit: (a) The sampling shall be attended and supervised by a full time employee and may occur only in a designated area on the licensed premises; (b) The actual amount of beer or wine sampled by an individual may not exceed one ounce; 18 (c) The sample shall be served in a single use container which shall be disposed of following the sampling; (d) There shall be no signs or other materials that are advertising the availability of "sampling" visible outside the licensed premises; and (e) Quantities may not exceed a total of ten (10) ounces per customer per day. iii. Temporary Outdoor Entertainment Permit. A permit allowing outdoor live music for a Class F licensee. Regulations specific to a Temporary Outdoor Entertainment Permit: (a) Each licensee shall be limited to one event per year, not to exceed seventy-two (72) hours in duration. (b) The application for such event must be filed not less than thirty (30) days prior to the event. (c) No such live music may be played between the hours of eleven o'clock (11:00) P.M. and eleven o'clock (11:00) A.M. (d) The Commissioner may attach such other conditions to the permit as may be advisable to protect the peace and quiet of the surrounding area. (e) The Commissioner, the Village Manager or a designate of either, shall have the absolute right for cause, and without the necessity of a hearing, to order the immediate cessation of such live music. (Ord. 4664, 8-16- 1994) iv. Promotion Permit. A permit allowing a retail establishment to serve beer or wine at a promotional event. Regulations specific to a Temporary Promotion Permit: (a) The promotion may be held at only one location within the Village. (b) Each day of the promotion shall require a permit. 19 (c) Permits shall not be issued for more than three (3) consecutive days. (d) All alcoholic beverage service and consumption must take place within the area specified in the Permit. (e) There may be no charge of any kind for the alcoholic beverage. (f) No more than two such promotions at a Deleted: e particular premises shall be eligible for such a permit in any Deleted: one one year time period. E. Certifications. 1. Specific Certifications: a. Outdoor Certification for allowing outdoor service of alcoholic beverages (for other Outdoor Dining regulations, see Section 14.311(B) of the Mount Prospect Village Code). Regulations specific to Outdoor Certificates: i. For establishments within 300 feet of a residential zoning district. (a) Any licensee that commenced the conduct of the business of serving alcoholic beverages in an outdoor area within three hundred feet (300') of a residential zoning district prior to January 1, 1989, may be granted an Outdoor Certification and continue to operate the outside service area in that same location. However, that service area may not be enlarged in any manner. (b) The Commissioner may grant an Outdoor Certification for the service of alcoholic beverages in an outdoor service area that is within three hundred (300’) feet of a residential zoning district but does not meet the criteria of subsection (a) above, subject to the following: (i) The outdoor service area is on property owned or leased by the licensee and is on or immediately adjacent to the building on the licensed premises; 20 (ii) Prior to issuance of such Outdoor Certification, the applicant shall show proof that written notice has been sent by regular mail to all residential property addresses within three hundred feet (300') of the licensed premises. The notice shall inform such addressee of the licensee's intent to secure a special permit for the outdoor service of alcoholic beverages. The form of notice shall be supplied by the Village Manager and shall invite comment on the proposed use from the affected property owners or occupiers; (iii) The Commissioner has made a determination that the outdoor service area will not have a detrimental effect on the neighborhood in which the premises is located; (iv) The Commissioner may place such conditions on the outdoor service area as she or he may deem appropriate; (v) Such an Outdoor Certification may be revoked at any time if the Commissioner reasonably believes that the operation of the outdoor area has become detrimental to the neighborhood in which it is located. Upon such revocation, the licensee may not reapply for an Outdoor Certification for a period of twelve (12) months following the date of revocation; (vi) An Outdoor Certification shall be available only to the holder of a Class F-1, Class F-2 or Class F-3 liquor license; (vii) An Outdoor Certification may be granted only upon receipt by the Commissioner and approval by the Village attorney of a statement signed by the licensee, acknowledging and accepting the terms of the Certification; and (viii) An Outdoor Certification is not transferable and if there is any change in five (5%) percent or more of ownership of the business, a new special permit must be obtained by the licensee. (Ord. 4664, 8-16-1994; amd. Ord. 4887, 9-16-1997; Ord. 5066, 12-21-1999; Ord. 5562, 5-16-2006) 21 ii. For establishments that are more than 300 feet from a residential zoning district: The regulations of Section 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: i. No licensee shall permit a management entity to perform such a function unless the management entity has been certified to do so by the Commissioner. In order to be certified by the Commissioner, a management entity must execute a liquor license application. A management entity must qualify for a Management Entity Certification in the same manner and meet the same standards as a licensee. ii. The application shall be accompanied by a nonrefundable application fee as set forth in Appendix A, Division 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. iii. A management entity shall be subject to the jurisdiction of the Commissioner in the same manner as a licensee. If there is a violation on the premises, the management entity and the licensee shall be jointly and severally responsible for all consequences of such a violation. (Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001) iv. An underlying Village liquor license must previously have been obtained for the premises. 13.205: NUMBER OF LICENSES: A. The corporate authorities shall determine, by ordinance, the number of licenses that are available in each classification. (This limitation shall not apply to Temporary Permits and Certifications, which documents shall be solely within the discretion of the Commissioner). Neither the Commissioner nor any other person or entity may issue liquor licenses in a number that is in excess of the number authorized by the corporate authorities. A schedule of the currently authorized number of licenses available in each classification shall be maintained by the Village Manager for the Commissioner. 22 B. The corporate authorities may decrease the number of licenses available in any or all classifications within the Village. If the number of licenses in any or all classifications is decreased, the licenses shall be eliminated on the basis of seniority, so that the premises holding a license the least amount of time shall be eliminated first. However, the Commissioner may, with an accompanying written statement, eliminate licenses on the basis of quality of operation of the premises, considering such matters as charges before the Commissioner, the state liquor commission or other law enforcement issues and/or on the basis of articulable benefit or lack of benefit to the Village. (Ord. 4664, 8-16-1994) C. Upon any license becoming forfeited, void or revoked for any reason, the number of available licenses in that classification shall automatically and immediately be reduced by one. 13.206: LICENSE TERM: Each new license shall commence on the date specified on the license. Each renewal license shall commence on May 1. Every license shall terminate on the April 30 following the date of issuance. (This limitation shall not be applicable to permits and certifications). 13.207: RENEWAL OF LICENSE: Any licensee may apply to renew a license. This renewal privilege shall not be construed as a vested right, but shall be completely subject to the Commissioner's right of review of the licensee's background and history of operation in the State of Illinois. 13.208: NATURE OF LICENSE; TRANSFER PROHIBITED: A. A license shall be a privilege that may be claimed only by the person set forth on the license. The license shall not constitute property, nor shall it be subject to attachment, garnishment or execution. The license shall not be alienable, voluntarily or involuntarily, or subject to lien or other encumbrance. The license is not transferable either for consideration or not for consideration. B. As to a closely held corporation, an illegal transfer will be deemed to have been attempted and the license shall become null and void if any person owning twenty percent (20%) or more of the stock transfers the stock to another person who previously held less than fifty percent (50%) of the stock. Upon the death of any person owning twenty percent (20%) or more of the shares in a closely held corporation, the Commissioner shall be notified. C. As to a public corporation, an illegal transfer will be deemed to have been attempted and the license shall become null and void if there has been a buy out, 23 a takeover or any other transaction involving the sale or transfer of more than fifty percent (50%) of the stock or assets of the corporation. D. If a licensee is ordered into receivership or files for bankruptcy, the receiver or trustee may continue the operation of the business under the existing license pursuant to a written order of the appropriate court until the expiration of the license or until the passage of six (6) months from the date of appointment of a receiver or trustee whichever comes first. (Ord. 4664, 8-16-1994) E. Upon the alienation, sale, transfer, assignment or donation of the business for which the license is issued to any other than the licensee, the liquor license shall automatically become void. F. Any licensed establishment that has discontinued the sale or service of alcoholic beverages or that has not been open for business at least four (4) days per week for a period of thirty (30) days or more shall automatically forfeit its license. This forfeiture shall not apply in instances where the licensee has previously notified the Village Manager, in writing, of an intent to close the premises for a portion of a license term for remodeling or other similar purpose. (Ord. 4664, 8-16-1994; amd. Ord. 5482, 3-15-2005) ARTICLE III LOCAL LIQUOR CONTROL COMMISSIONER 13.301: COMPENSATION, POWERS AND DUTIES OF COMMISSIONER: A. The Commissioner shall receive, as compensation, the annual sum set forth in Appendix A, Division I of this Code. B. Any change in the compensation or fringe benefits provided for the Commissioner shall be made by ordinance. C. The Commissioner shall have all of the powers, functions and duties delegated to that office by this Chapter 13 and other ordinances of the Village. This shall include, but in no way shall be limited to, the power to require any licensee, at any time, to produce any and all records, that directly or indirectly relate to the operation of the licensee's premises. D. In addition to any other powers set forth in this chapter, the Commissioner may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of alcoholic beverages of any licensee who does not display a currently valid state or local liquor license or who in the judgment of the Commissioner is operating the business in such a manner as to endanger the health or safety of patrons of the premises or of the community. (Ord. 4664, 8-16- 1994; amd. Ord. 5189, 5-15-2001) 24 E. The Commissioner may fine and/or suspend and/or revoke the liquor license of any licensee that the Commissioner determines has violated any Village regulation or other law of any kind or nature if the violation is related to the operation of the licensed premises. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 1. The Village Manager, the chief of police or the Village Attorney may file a written charge of a violation, supported by affidavit, with the Commissioner. 2. Upon review of the charge and upon such further investigation as the Commissioner may deem appropriate, the Commissioner shall issue an order either sustaining or not sustaining the charge. 3. If the Commissioner sustains the charge or any portion of it, the Commissioner may, by written order, suspend or revoke the liquor license and/or may fine the licensee. The fine may be in addition to a revocation or suspension. If the Commissioner decides to suspend the license, the term of the suspension shall be within the discretion of the Commissioner. If the Commissioner elects to fine the licensee, the amount of the fine shall be as set forth in Appendix A, Division III of this Code. 4. The order shall be served on the licensee. The order shall inform the licensee that the licensee has a right to a hearing for the purpose of presenting evidence to dispute the order. Such a hearing will be held only upon the filing of a written request with the Village Manager within ten (10) days of the date of the order. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty-one (21) days after the receipt of the request for hearing. No continuance shall be granted except in the case of emergency. The requirement of filing for a hearing within ten (10) days is absolute and no person or entity shall have jurisdiction to accept a filing or other request for such a hearing once the ten (10) days have elapsed. 5. The affidavit attached to the charges shall constitute prima facie evidence of the violation or violations. It will be the burden of the licensee to go forward with any evidence to be presented. 6. If, after the conclusion of the hearing, the Commissioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for the hearing, including, but not limited to, court reporter fees, witness fees and attorney fees. This shall be in addition to any other penalties assessed against the licensee. 7. All proceedings before the Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by the certified court reporter. 25 8. The appeals procedure as set forth by the President and Board of Trustees of the Village under Resolution 3-72 of the Village are as set forth in this Section, including: a. In the event of any appeal from an order or action of the Commissioner, the appeal to the State Liquor Commission shall be limited to a review of the official record of the proceedings before the Commissioner. The only evidence which shall be considered in the review by the State Commission shall be the evidence found in the certified official record of the proceedings of the Commissioner. b. At such time as the Commissioner receives notice of an appeal, the Commissioner shall file with the State Liquor Commission the certified official record of the proceedings. The State Commission shall review the propriety of the order or action of the Commissioner on the certified official record as provided by law. (Ord. 4664, 8-16-1994; amd. Ord. 5189, 5-15-2001). ARTICLE IV REGULATION OF LICENSES 13.401: INSURANCE : A. Every licensee shall be required to obtain and maintain the insurance coverage as set forth in Appendix A, Division I. B. If the person who owns the building or premises where alcoholic beverages are served and/or consumed is not the licensee, then that person shall be required to carry host liability insurance coverage or its equivalent for such premises as set forth in Appendix A, Division I. (Ord. 4664, 8-16-1994) 13.402: LOCATION OF SERVICE OF ALCOHOLIC BEVERAGES: A. Location Specified on License. No liquor shall be served, offered for sale, kept for sale, displayed or advertised for sale or delivered to any person except at the exact location described in the liquor license. The location may be changed only upon written permission issued by the Commissioner. A change of location shall be within the sole discretion of the Commissioner.(Ord. 4664, 8-16- 1994) B. Specific Location Prohibition. No liquor license may be issued for any premises that is within one hundred feet (100') of any place of worship, school or hospital. 26 C. Off Site Catering Privileges. No off site catering shall be permitted except pursuant to an Off-site Catering Permit as set forth in Section 13.204. D. Outdoor Service. Notwithstanding any other provisions of the Mount Prospect Village Code, it shall be unlawful for any licensee to serve or permit the consumption of alcoholic beverages in any outdoor area unless an Outdoor Certification has been granted by the Commissioner pursuant to Section 13.204. 13.403 CLOSING HOURS: A. It shall be unlawful for any licensee to engage in the service of any alcoholic beverages during the following hours: Monday – Friday -1:00 A.M. to 8:00 A.M. Saturday - 2:00 A.M. to 8:00 A.M. Sunday - 2:00 A.M. to 9:00 A.M. On January 1 of each year the hours of prohibited service shall be from four o'clock (4:00) A.M. to twelve o'clock (12:00) noon. B. All unfinished drinks shall be cleared from the premises within ten (10) minutes after the closing time set forth in A above. It shall be a violation of this Section if after the passage of such ten minutes there are alcoholic beverages in any container other than an unopened or corked or otherwise properly reclosed original container that has been returned to the appropriate place of display or storage C. Subject to (B) above, a premises with any Class F license may be kept open during hours when service is prohibited, but no alcoholic beverages may be delivered, consumed or remain on tables or a bar during such hours Nothing contained in this Section shall be deemed to authorize any licensed premises to remain open for business or to admit the public to the premises at or during any hour when that premises is required to be closed by virtue of any other Village regulation or restriction. (Ord. 4664, 8-16-1994; amd. Ord. 5482, 3-15-2005) 13.404: ENTERTAINMENT : No entertainment shall be permitted on any licensed premises if that entertainment is audible at any point beyond the boundaries of the licensed premises. "Licensed premises", in this instance, shall not apply to a Civic Permit as a Temporary Outdoor Entertainment Permit so long as the permittee complies with all other conditions of the permit and all other regulations of the Village. 13.405: PROHIBITED CONDUCT: 27 No licensee may engage in, advertise or promote in any way, whether within or outside of the licensed premises, any of the practices prohibited under this section. The following conduct is prohibited: A. The sale, delivery, service or giving of any alcoholic beverages to any of the following: 1. A person under twenty-one (21) years of age. 2. An intoxicated person; 3. A person previously involved in a fight in the establishment. (Ord. 4664, 8-16-1994) B. Entertainment of a sexual nature. 1. The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. 2. The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals. 3. The actual or simulated display of the breasts, pubic hair, anus, vulva or genitals. 4. The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. 5. The displaying of films or pictures depicting acts, which if performed live, are prohibited by this section. (Ord. 4664, 8-16-1994) C. Other Prohibited Acts. 1. Every liquor licensee is prohibited from engaging in the following acts: a. Service of more than two (2) alcoholic beverage drinks during any thirty (30) minute period to one person even if the drinks are purportedly purchased for more than one individual. Service of a glass or carafes of alcoholic beverages may be served so long as the server has ascertained that such container is to at least serve two persons eligible to consume alcoholic beverages. 28 b. Service to any person of an unlimited number of alcoholic beverage drinks during any set period of time for a fixed price. The Commissioner may permit, in writing, a food service licensee to serve alcoholic beverages, at a fixed ticket price, for private functions where the general public is not invited. c. Service of alcoholic beverage drinks to any person or group of persons during any period of the business day at prices less than those charged to the general public during the rest of that business day, except at private functions upon written permission of the Commissioner. For purposes of this paragraph (c), “business day” shall mean that single business period from the time of opening to the closing of the establishment even if that time period encompasses parts of two calendar days. d. Increasing the volume of spirits content in a drink on a given day without increasing proportionately the price otherwise charged for such a drink during the calendar week. e. Encouraging or permitting any game or contest which involves drinking or the awarding of drinks as prizes. 2. The prohibitions contained in this section shall not prevent a liquor licensee from: a. Offering free food or approved entertainment. b. Including a single drink as part of a meal package. c. Free wine tasting as allowed by a Daily Sampling Permit. d. Offering room service to registered guests in hotels licensed for such services. (Ord. 4664, 8-16-1994) e. Offering of wine, by the open bottle (exception applies to Class F only). D. Bars and Lounges. It shall be unlawful for any holder of a liquor license to allow any person under the age of twenty one (21) years to: 1. Be seated at a bar; or 29 2. Remain in or be seated in the lounge. This Subsection C(2) shall not apply to seating at tables in the lounge when the establishment's full food menu is available in that lounge and the minor is accompanied by a parent. E. Corkage, as defined in Article I, is prohibited in the Village. 13.406: FIGHTING PROHIBITED; LICENSEES CONDUCT: A. Fighting at a licensed premises is prohibited. For the purpose of this Section, "fighting" shall mean any threatening or touching of another person which provokes or tends to provoke a breach of the peace. If self-defense is offered as a defense to a charge of fighting, that defense must be established by the presentation of clear and convincing evidence. Any person violating this Section shall be fined in an amount as set forth in Appendix A, Division III of this Code. B. A summary of Subsection A of this Section shall be prominently displayed in all premises holding a liquor license. The notice shall further state that any licensee, employee or agent of a licensee observing a fight shall immediately notify the Village Police Department. Such a sign shall be available from the Village Manager's office. C. Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the "maintenance of order standard". The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight breaks out or is in imminent danger of breaking out. In determining whether a violation of this section has occurred, the Commissioner may consider the following matters, among others: 1. Prior incidents of reported or unreported fighting. 2. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the premises. 3. Whether any participant was served by the licensee after the participant's intoxication should have been evident to the licensee. 4. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person's removal from the premises. 5. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent. 30 6. The actions of the licensee in reacting to the fight. 7. The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, over serving and prevention of altercations. 8. Whether minors were involved in the fighting. 9. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight. Considering all of the circumstances, the Commissioner shall make a determination of whether the licensee violated the "maintenance of order standard". If it is determined that a violation occurred, the Commissioner may impose any penalty set forth in Section 13.601 of this Article up to and including license revocation. D. The following procedure shall be observed by a licensee with respect to the outbreak or threatened outbreak of a fight: 1. The licensee shall notify the Village police department immediately when the licensee knows or in the exercise of ordinary judgment should know that a fight is occurring or imminent. 2. In addition, within forty eight (48) hours of the occurrence, the licensee shall file with the local liquor control Commissioner a report on a form provided by the Village containing the following information: a. The number of persons involved in the fight; b. The approximate amount of alcohol consumed at the premises by each person involved in the fight; c. What action, if any, was taken by the licensee to prevent the fight; d. What action, if any, was taken by the licensee subsequent to the start of the fight; e. The licensee's opinion as to why the fight occurred. E. Failure by the licensee to give immediate notification to the Police Department of a fight on a licensed premises or failure to file a report as required in Subsection D of this Section with the Commissioner shall subject the licensee to a mandatory fine as set forth in Appendix A, Division III of this Code, and a possible suspension or revocation of the liquor license. For purposes of this 31 section the word "immediate" shall mean at the very moment that one party threatens another, actually commences fighting with another or a breach of the peace is imminent. F. The provisions of this section shall not generally apply in circumstances where alcohol is used in an individual guest room within a hotel or where alcohol is mixed and poured at the hotel bar but is delivered to a separate banquet or meeting room. This section shall apply to any other service of alcohol at a hotel, including, but not limited to, serving in the restaurant or lounge or in those cases where a bar is set up in an area away from the main bar for the convenience of banquet or meeting room guests. (Ord. 4664, 8-16- 1994; amd. Ord. 4801, 7-2- 1996; Ord. 5189, 5-15-2001) 13.407: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: A. Any act or failure to act of an employee or agent of either the licensee or a management company with respect to the licensed business shall be deemed to be the act of the licensee. Any duty set forth in this Chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee. B. No employee or other 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. (Ord. 4664, 8-16-1994) D. A person must be at least nineteen (19) years of age to deliver alcoholic beverages. Additionally, no person under twenty one (21) years of age may work as a bartender or deliver alcohol from behind a bar. E. A designated manager or other supervisor shall be on the premises at all times that liquor is served. F. Any person that delivers, 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. 13.408: Reserved 13.409: COMPLIANCE WITH BUILDING, SANITARY, SAFETY AND OTHER REGULATIONS OF THE VILLAGE: 32 All licensed premises shall be maintained in full compliance with all other regulations of the Village, including, but not limited to, those relating to the storage or sale of food, sanitary conditions and safety conditions. (Ord. 4664, 8- 16-1994) 13.410: SEALING AND REMOVAL OF OPEN WINE BOTTLES FROM A CLASS F LICENSEE: Notwithstanding any other provision of this Chapter 13, any Class F or Class S-4 licensee may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption so long as there is compliance with the following conditions: (1) the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the licensed premises; and (2) the partially consumed bottle of wine that is to be removed from the premises pursuant to this Section is securely sealed by the licensee prior to removal from the premises; and (3) the bottle is placed in a transparent one-time use tamper- proof bag; and (4) the licensee has provided a dated and time stamped receipt for the specific bottle of wine to the patron. It shall be the absolute duty of the licensee to assure that the type of “tamper proof” bag that is used is such that any removal or attempted removal of the bottle from the bag will be obvious to any law enforcement officer. The wine that is resealed in accordance with the provisions of this Section and not tampered with shall not be deemed an unsealed container for the purposes of Section 11-502 of the Illinois Vehicle Code. ARTICLE V REGULATIONS WITH RESPECT TO UNDERAGE PERSONS 13.501: CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION PROHIBITED: It shall be unlawful for any underage person to consume, purchase, accept a gift of or have alcoholic beverages in his or her possession or in his or her blood stream. The prohibitions set forth in this subsection shall not apply in the circumstances described in Subsections 13.508(C)(1) and C(2). 13.502: ALCOHOLIC BEVERAGES IN OR ON A MOTOR VEHICLE PROHIBITED. It shall be unlawful for any underage person to operate a motor vehicle when any alcoholic beverage, whether sealed or unsealed, is in or on any portion or compartment of the motor vehicle. This is an absolute liability offense. It shall not be a defense to this Section that the operator did not know that the alcoholic beverage was in or on the vehicle. It shall not be a defense that the alcoholic 33 beverage belonged to or was in the possession of another person. It shall be the obligation of the operator to assure, by any means necessary, that no alcoholic beverage is in or on the motor vehicle. 13.503: OPERATION OF A MOTOR VEHICLE WITH ALCOHOL IN THE SYSTEM PROHIBITED: It shall be unlawful for any underage person to operate a motor vehicle on a street or highway of the Village while in a state of impairment due to the consumption of an alcoholic beverage or with any alcohol whatsoever in his or her system. For purposes of this Section only, "operation of a motor vehicle" shall have the definition ascribed to it in the Illinois Vehicle Code rather than the definition set forth in Section 13.101. (Ord. 4664, 8-16-1994) 13.504: PROCEDURES WHEN AN UNDERAGE PERSON VIOLATES THIS CHAPTER: When any underage person (i) operates any motor vehicle in which or on which is found any alcoholic beverage, or (ii) when the underage person is in a state of impairment due to consumption of alcohol; or (iii) has alcohol in his or her system the following shall apply: A. The motor vehicle shall be subject to immediate impoundment by the Police Department. B. The following factors shall not be considerations in determining whether or not to impound the motor vehicle: 1. Whether the alcoholic beverage is in an opened or an unopened container. 2. Whether the operator is the owner of the alcoholic beverage in the vehicle. 3. Whether the operator had knowledge of the existence of the alcoholic beverage within the motor vehicle. C. Upon impoundment, the motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle. If the underage operator is the owner or lessee of the vehicle, then the vehicle may be released only to a parent or spouse of the underage owner. If the underage person has no parent or spouse living in the immediate area, the vehicle may be released to the underage operator only after the passage of twenty-four (24) hours. 34 D. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the time the alcoholic beverage or impairment was found unless at least twenty four (24) hours have passed from the time of the finding. E. The vehicle shall not be released until the person seeking the release has paid an administrative fee as set forth in Appendix A, Division II of this Code, to the Police Department, plus any towing or storage costs. F. The above obligations and penalties shall be in addition to the penalties that may be assessed in a court of law for any charges incident to the stop. G. Any law enforcement officer, the Police Department and the Village and any of its officers or agents shall be absolutely immune from any liability or exposure to liability of any kind or nature for the enforcement or implementation of this Section. (Ord. 4664, 8-16-1994; amd. Ord. 4754, 9-5-1995; Ord. 5189, 5- 15-2001) 13.505: RESERVED . 13.506: USE OF FALSE IDENTIFICATION: No person shall transfer, alter or deface any identification card; use any identification card of another; carry or use a false or forged identification card; obtain an identification card by means of false information; or otherwise misrepresent age for the purpose of purchasing or obtaining alcoholic beverages. (Ord. 5189, 5-15-2001) 13.507: FALSE IDENTIFICATION NOT A DEFENSE: It shall not be a defense to any action brought criminally, civilly or administratively against any liquor licensee or any other person charged with the service of any alcoholic beverage to an underage person that the underage person used false identification or false proof of age. The person or persons hearing and deciding the charges may consider such a claim when determining the penalty to be assessed or the apportionment of damages. (Ord. 4664, 8-16-1994) 13.508: FACILITATING THE USE OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS: A. Serving Of Alcoholic Beverage To An Underage Person: It shall be unlawful for any person, regardless of relationship, age or circumstances, to deliver any alcoholic beverage to any underage person, except as set forth in Subsection C of this Section. 35 B. Use Of Premises For Consumption Of An Alcoholic Beverage: It shall be unlawful for any person to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on premises under his or her control, the consumption of an alcoholic beverage by an underage person. This section shall apply to residential, public and commercial premises and to the private and regulated service of an alcoholic beverage. For purposes of this section, if a person over twenty-one years of age is in a residence where underage drinking is occurring, negligence in either permitting or failing to prevent the consumption shall be presumed and the burden of proving that such person was not negligent shall fall on such person. C. Exceptions: Subsections A and B of this Section shall not apply in the following circumstances: 1. The performance of a bona fide religious service. 2. The service of an alcoholic beverage within the home to an underage person, by and under the direct supervision of that underage person's parent. However, the following rules shall be applied to this Subsection C(2): a. In any prosecution of an underage person for the commission of any state or local offense, the prosecutor, upon reasonable grounds, may request a ruling and the court shall rule as to whether the consumption of an alcoholic beverage, as permitted by the parent, was a contributing factor to the commission of the offense. If it is so determined in the affirmative, then the penalty set forth in Section 13.601 shall apply. For purposes of this Subsection, the consumption of alcohol may be determined to be a contributing factor if it had the effect of substantially causing an impairment to the person as "impairment" is defined in this Article. It need not be shown that, but for the consumption of alcohol, the offense would not have been committed. b. The parent shall remain vicariously liable as set forth in Subsection D of this Section. D. Vicarious Liability Of A Parent Or Other Person Facilitating The Use Of Alcoholic Beverages: The following persons shall be liable to any individual who has been injured by an alcohol impaired underage person when the impairment is a contributing cause of the injury: 1. Any person who delivered or permitted the service of an alcoholic beverage to the underage person. For purposes of this Subsection (1), the person making or permitting the initial serving to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic beverage changed hands. 36 2. Any person in control of a premises who knowingly or negligently fails to maintain supervision to such an extent that an alcoholic beverage is consumed on the premises by an underage person as set forth in B above. 3. Any person who knowingly or negligently allows the operation of a motor vehicle under his or her control by an underage person, when the person knew or in the exercise of ordinary judgment should have known that the underage person was either impaired or had consumed any amount of alcohol within two (2) hours prior to when the driving occurred. The vicarious liability established by this Section shall not be subject to the limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21. ARTICLE VI PENALTIES 13.601: PENALTIES: A. General Penalty. Unless another penalty is set forth below, every person found guilty of a violation of any of the provisions of this Chapter shall be subject to a fine as set forth in Appendix A, Division III of this Code, for the first offense and for each subsequent offense. B. Specific Penalties: Certain specific penalties shall be set forth in Appendix A, Division III under the sections or subsections that correspond with the text. C. Separate Offense; Alternatives: A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. Any fines set forth in this chapter shall be assessed regardless of whether the violator is convicted or placed on supervision by the court. If the court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination of a fine and community service, the fine may be mitigated as set forth in Appendix A, Division III of this Code. If the offense is related to alcohol or substance abuse and the offender is under twenty one (21) years of age, the court may, in lieu of any mandatory fines, assign the offender to a chemical abuse counseling program that is licensed by the Illinois department of alcohol and substance abuse which includes a certified evaluation program and not less than four (4) hours of counseling. Fines assessed by the court against any offender may be in addition to any penalty assessed against a licensee in any administrative proceeding. (Ord. 4754, 9-5- 1995; amd. Ord. 5189, 5-15-2001; Ord. 5518, 11-1-2005) 37 SECTION TWO Appendix A, Divisions I, II and III of the Mount Prospect Village Code shall be amended by deleting Chapter 13 in its entirety in each Division and inserting in lieu thereof the following new chapters as follows: DIVISION I CHAPTER 13 – ALCOHOLIC LIQUORS Section 13.303: COMPENSATION, POWERS AND DUTIES OF COMMISSIONER A. Compensation $_______ Section 13.401: INSURANCE A. Insurance Coverage: B. Insurance Coverage: Section 13.204: LICENSE CLASSIFICATIONS N (2) Bond: A new ten thousand dollar ($10,000.00) cash bond shall be posted. N (3) Bond: A new ten thousand dollar ($10,000.00) cash bond shall be posted. DIVISION II CHAPTER 13 – ALCOHOLIC LIQUORS Section 13.201: LICENSE REQUIRED A. Annual fee: $________ Section 13.202: APPLICATION FOR A LOCAL LIQUOR LICENSE A. License fee: $________ Section 13.204: LICENSE CLASSIFICATION P (6)e. Application fee: $______ Sampling Permit fee: $_______ R (2) Management Entity Certification fee: $_________ Section 13.505: PROCEDURES WHEN AN UNDERAGE PERSON VIOLATES THIS CHAPTER. 38 E. Administrative fee: $________ DIVISION III CHAPTER 13 – ALCOHOLIC LIQUORS Section 13.301: COMPENSATION, POWERS AND DUTIES OF COMMISSIONER E (4) Fine: $_______ Section 407: FIGHTING PROHIBITED; LICENSEES CONDUCT A. Fine: $________ E. Fine for failure to immediately notify Police: $________ Section 13.601: PENALTIES A. General Penalty: $_________ C. Fine: $__________ SECTION THREE : 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: NAYS: ABSENT: PASSEDAPPROVED and this _____________ day of _____________, 200__. __________________________ Irvana K. Wilks Village President 39 ATTEST: ____________________ M. Lisa Angell Village Clerk 40