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 Chapter 3 - Alcohol
Section
1 Definitions
2 License required
3 Applications
4 Restriction of licenses
5 Term
6 Classification--Fees
7 Disposition of Fees
8 Number of licenses
9 List
10 Transfer of license
11 Renewals
12 Change of location
13 Peddling
14 Sanitary conditions
15 Employees
16 Closing hours
17  
18 Sale prohibited
19 View from street
20 Restrictions on CU licensed premises
21 Revocation
22 Penalty
23 Class B licenses
24 Keg Registration Requirements

 

Sec. 3-1  Definitions.

Unless the context otherwise requires, the following terms as used in this ordinance shall be construed according to the definitions below.

(a) Alcoholic liquor includes any spirits, wine, beer, ale or other liquid containing more that one-half of one percent of alcohol by volume which is fit for beverage purposes.

(b) Sale means any transfer, exchange or barter in any manner.

(c) Club means a corporation organized under the laws of the state, not for profit, but for the promotion of some object other than the sale or consumption of alcoholic liquor.  It must be kept and maintained by members through the payment of annual dues, provided service and use only for its members and guests and owning a building suitable and adequate for reasonable and comfortable use and accommodation of those members and guests.  The management and affairs of the club are to be run by a board of directors, executive committee, or a similar body chosen by the members; and that no person is paid or receives, in salary or other compensation except that fixed by the members, Board of Directors or other governing body.  At all times when alcoholic beverages are sold or consumed, the club's appointed manager or a member of the governing board must be present.  An active current list of the membership must be available on the premises at all time.

(d) Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

(e)  Manager a person appointed by the owner of licensee who shall be in full control of all alcoholic sales and actions taking place within premises.

Sec. 3-2  License required.

 
It shall be unlawful to sell or offer for sale at retail in the village, any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.  No person shall be deemed fully licensed until a license has been actually issued and delivered to the applicant.  A separate license shall be required for each location, place or premises where such business or occupation is proposed to be carried on, whether or not under the same roof or at the same street address.

Sec. 3-3  Applications.

Applications for such licenses shall be made to the Village President in writing, signed by the applicant if an individual or  by all the members of a firm or co-partnership, verified by oath or affidavit, and shall contain the following information and statements:

1) The name, age and address of the applicant in  the case of an individual; in the case of a co-partnership, the persons engaged to share in the profits thereof.

2) The citizenship of the applicant or applicants and if a naturalized citizen, the time and place of his naturalization.

3) The character of the business of the applicant or applicants.

4) The length of time that said applicant or applicants have been in business of that character and the amount of goods, wares and merchandise on hand at the time application is made.

5) The location and description of the premises or place of business which is to be operated under such license.

6) A statement by the applicant that he will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the village in the conduct of his place of business.

Sec. 3-4  Restriction of licenses.

No such license shall be issued to:

(1) A person who is not of good character and reputation.

(2) A person who is not a citizen of the United States.

 
(3) A person who has been convicted of a felony under the laws of the State of Illinois.

(4) A person whose license issued under this ordinance has been revoked.

(5) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.

(6) A co-partnership, unless all of the members of such co-partnership shall be qualified to obtain a license.

(7) Any law enforcing public official, any President of the Village Board of Trustees, any member of the Village Board of Trustees, or any President or  member of a County Board; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

(8)  Any person or co-partnership not eligible for a State retail liquor dealer's license.

(9) Not withstanding any other provisions of this section, a CU license may be issued when one or more of the members of the governing board or manager of    the licensee is a resident of the Village of Pearl City, but may not be issued unless one member of the governing board or manager is such a resident.

Sec. 3-5  Term.

Each such license shall terminate on the 30th day of April next following its issuance.  The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.

Sec. 3-6  Classification--Fees.

Such licenses shall be, and are hereby, divided into four classes, to wit:

1) Class A licenses, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor.

The annual fee for such license shall be $800.00 payable in advance.  An additional $200.00 payable for Sunday sales. (9-28-93)


2) Class AR license, which shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises.  Such license shall be issued only for a restaurant business which has receipts from food sales in excess of fifty percent of its gross receipts.

There shall be no sale of packaged goods for removal from the premises.

The annual fee for such license shall be $1000.00 payable in advance.

3) Class B licenses, which shall authorize the retail sale of alcoholic liquor, but not for consumption on the premises where sold.

The annual fee for such license shall be $500.00 payable in advance.  An additional fee of $100.00 includes Sunday Sales. (2-1-93)

4) Class CU licenses, which shall authorize sale of alcoholic beverages only within a club for consumption only within the premises of the licensee and for the sale of alcoholic beverages in the original package except that no sales of alcoholic beverages in the original package may be made on Sundays.

The annual fee for such license shall be $600.00 payable in advance, or if necessary, 3 annual installments of $200.00 each may be made.  The installments must be received on or before the last day of the fourth month or reapplication for the license will be necessary.  If payments lapse, the State will be notified and the license will be picked up by Village police. (amended 7-12-84)

Addendum to Sec. 3.6 - Classification--Fees.

5) Temporary Class CU licenses, which shall authorize sale of beer and wine only within a club or business, for a period of time not exceeding two days in any calendar year.  The fee for such license shall be $25.00 payable in advance. (amended 4-4-88)
 

The provisions of Sections 3-6 (4) and 3-20 are applicable to the issuance and enforcement of a temporary CU license.

Sec. 3-7  Disposition of Fees.

All fees shall be paid to the Village Clerk at the time application is made, and shall be forthwith turned over to the treasurer.  In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Board of Trustees, by proper action.

Amendment of Chapter 3 Sec. 3-7
 
Option - Liquor license fees may be paid in two (2) equal installments, six (6) months each.  No refunds after one (1) day of operation under licenses paid in installments.


Sec. 3-8  Number of licenses.

There shall be issued in the Village not more than two Class A licenses, two Class B licenses, one Class AR license, and one CU license to be in effect at any time.

Sec. 3-9  List.

The president shall keep, or cause to be kept a complete records of all such licenses issued by him and shall report to the Board of Trustees the issuance or revocation of any and all licenses at the first regular meeting of the Board of Trustees after the issuance or revocation of any or all licenses.

Sec. 3-10  Transfer of license.

A license shall be purely a personal privilege, good for not to exceed on year after issuance unless sooner revoked as in this ordinance provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject  to being encumbered or hypotheticated.  Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt until the expiration of such license but not longer than six months after the death, insolvency or bankruptcy of such licensee.  A refund shall be make of that portion of the license fees paid for nay period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this paragraph.

Sec. 3-11  Renewals.

Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which renewal license is sought are suitable for such purpose; AND, PROVIDED, FURTHER, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Village President from decreasing the number of licenses to be issued within the village.

Sec. 3-12  Change of location.


A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described in the application and license.  Such location may be changed only upon the written permit to make such change issued by the Village President.  No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this State and ordinances of this Village.

Sec. 3-13  Peddling.

It shall be unlawful to peddle alcoholic liquor in the village.

Sec. 3-14  Sanitary conditions.

All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the laws regulating the condition of premises used for the storage or sale of food for human consumption.  All premises licensed under this resolution shall be properly ventilated and supplied with separate and sufficient toilet arrangements for each sex, toilets to be of water closet combination type and located inside the licensed premises.

Sec. 3-15  Employees.

It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor.

Sec. 3-16  Closing hours.

It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the village between midnight and 6:00 a.m. inclusive, Monday through Thursday (last call being at 11:30 patrons out of the premises by midnight), between midnight and 6:00 a.m. inclusive, Friday, and between 1:00 a.m. and 6:00 a.m. Saturday (last call being at 1:00 a.m., patrons out of the premises by 1:30 a.m.), between 1:00 a.m. and 6:00 a.m. inclusive, the following Monday morning.  It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited, except that a Class AR license and a Class CU license may open their premises on Sunday between the hours of noon and 10:00 p.m. 

The Village Board may, at its discretion, expand the operating hours for special occasions.

Sec. 3-18  Sale prohibited.

It shall be unlawful for any licensee to sell, give or deliver alcoholic liquor to any minor, or to any habitual drunkard, or to any intoxicated person or any spendthrift or insane, feebleminded or distracted person.

It shall be unlawful for any licensee to permit any person of either sex under the age of twenty-one (21) years, in or on any licensed premises at any time unless such person is accompanied by his or her parent or legal guardian.  In premises where the bar, liquor facilities, or alcoholic liquors are located in a separate room from the remainder of the building or structure, the term "licensed premises" shall refer only to said separate room.

Sec. 3-19  View from street.

In premises upon which the sale at retail of alcoholic liquors for consumption on the premises is licensed, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted on or about the interior of such premises which shall prevent a full view of the entire interior of such premises from the street, road or sidewalk.

All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible.

In case the view into any such licensed premises required by the foregoing provisions, shall be wilfully obscured by the licensee, or by him wilfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided.

Sec. 3-20  Restrictions on CU licensed premises.

CU licenses may expand by a temporary attachment to the permanent licensed premises only for the purposes and at the time of the Pearl City Homecoming Festival.  When such expansion is undertaken, the additional area shall have no extra entrances, and shall be fully enclosed as directed by the Village Board of Pearl City. (Amended 4-4-88)

CU licenses must maintain a device of such a nature that allows the manager to control the ingress of persons onto the premises.

Sec. 3-21  Revocation.

The Village President may revoke any retail liquor license for any violation of any provision of this ordinance, or for any violation of any state law pertaining to the sale of alcoholic liquor, and in the event of the revocation of any retail liquor dealer's license, no part of any license fee paid for such retail liquor dealer's license shall be returnable.

Sec. 3-22  Penalty.

Any person, firm or corporation violating any provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Sec. 3-23  Class B licenses.

Class B licenses are to be broken down into two categories; Class B-1 and Class B-2, of which one license is to be available in each.  Class B-1 will allow a premise to sell beer and wine with other merchandise, such as groceries.  Class B-2 will allow the sale of only packaged goods of any type.  Each premise must have either the owner or manager as a resident of the Village.

All sales personnel must be at least 21 years of age and premise may sell packaged goods on Sunday, from 12 noon until closing of 10 p.m. (2-1-93)

Sec. 3-24 Keg Registration Requirements

    (a)   Registration/Return procedure

        All retail sales/purchasers of any keg in the village of Pearl City subject to this Chapter 3 for off site consumption must comply with the following registration, documentation and labeling  requirement and restrictions imposed by this ordinance:

  1. Purchasers shall provide a current government issued photo identification with the purchaser’s name, address and individual identification number to the seller who shall record and document that information in a log.  The log shall also contain the individual keg identification assigned to the keg by the seller, and include the date of sale and indicate that the photo identification that was         produced was matched to the purchaser.  The log shall also contain some identifier of each person, owner/employee who sold to each purchaser.  This information shall be kept by the seller for minimum period of one year from the date of sale;
  2. Sellers shall assign, record and attach to each retail keg sold for off site consumption an individual keg registration label/sticker, at or before the time of sale to the purchaser, and the label/sticker shall also include a prominent warning thereon that it is illegal to alter, damage or remove the label/sticker from the keg.
  3. Sellers of keg alcohol shall obtain the individual keg identification label/sticker from the Village Clerk’s Office which shall record to whom the label/stickers are distributed and shall restrict the distribution of the label/stickers to licensed alcoholic retailers.  The Clerk shall keep a copy of         record of such distribution.
  4. Sellers shall collect a deposit in an amount set by the retailer for each keg.  Purchasers shall return kegs to the retail seller where it was purchased with the individual keg registration label/sticker attached, intact and legible on or before sixty (60) days from the date of sale or the deposit shall be forfeited.
  5. Sellers shall record the date on which the keg is returned, who returned the keg and indicate whether the keg identification label/sticker is present or absent by notation on the log.
  6. Sellers shall remove or otherwise invalidate the individual keg identification label/sticker from the kegs when they are returned.  The old label/stickers are to be destroyed.
  7. Sellers shall produce keg registration logs/records to law enforcement upon request.

    (b)     Keg possession Requirements/Restrictions

    No person shall possess a keg container of alcoholic beverage which was purchased within the Village of  Pearl City from a person or entity subject to this chapter, or purchased from within territorial limits of any jurisdiction, including, but not limited to, the Village of Pearl City, Illinois for consumption, after the effective date of this Ordinance without an intact and legible individual keg identification label/sticker or     similar identifying label or sticker, except for retail locations where such a label/sticker was not required, without proof of purchase for the keg, including the name and address of the seller.

    (c)     Keg Sticker/Label Prohibitions

    No person shall alter damage, destroy or remove the individual keg label/sticker which is described and required by this ordinance or any other ordinance of the Village of Pearl City or any ordinance of any other governmental entity after it has been attached to the keg, except for retail sellers of keg alcohol.

    No licensee under the provisions of this chapter shall, either individually or through his or her agents or employees permit any person to purchase a keg without compliance with this section with all requirements of this section and all other applicable provisions of the Chapter 3 of the Village of Pearl City code.

    (d)    Any license issued to any person under this code may be revoked or suspended, as provided in Section 3-21 of this chapter, if such person is convicted of or pleads guilty to a violation of any of the provisions of this chapter.

    Section 2   The provisions of sec 3-1 entitled “Definitions”, of Chapter 3 of this Village of Pearl City code shall be amended to add the following definition:

    Keg:  shall mean any metal, wooden, plastic, paper or other container designed to hold four (4) or more gallons of liquid and actually contains any amount of alcoholic liquor.

    Section 3   The provisions of this ordinance shall become effective upon the passage by the Village of Perl City as provided by law.

    Section 4   All ordinances or parts of ordinance in conflict with this ordinance are repealed insofar as they conflict.

    Section 5   If any section, clause or provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part se declared to be invalid, and this Board of Trustees hereby expressly declares that it would have enacted this Ordinance even with the invalid portion deleted.