HomeMy Public PortalAboutOrdinance 2877VILLAGE OF PLAINFIELD
ORDINANCE NO. 2877
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTIONS 4-22(a) AND 4-33
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles Regulating the Sale and
Consumption of Alcoholic Liquors
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS 22ND DAY OF JUNE, 2009.
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will
County, Illinois, this 23rd
day of June, 2009.
ORDINANCE NO. 2877
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTIONS 4-22(a) AND 4-33
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles Regulating the Sale and
Consumption of Alcoholic Liquors
WHEREAS, .the Village of Plainfield ("Village"), Will County, Illinois, as a home rule
municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois
of 1970, is enacting this Ordinance pursuant to its home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the authority to
regulate the sale of alcoholic beverages within the Village; and
WHEREAS, the Village President and the Village Board of Trustees ("Village Board")
have determined that, in the interest of promoting the health, safety and welfare of the Village, it
is necessary and desirable to amend the Village's Code of Ordinances to further
comprehensively regulate the sale of alcoholic liquor in the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits 'are adopted by this
reference as if fully set forth herein
SECTION TWO. That Chapter 4, Article II, Section 4-22(a) entitled "Licenses and
Permits" and Section 4-33 entitled "Closing hours; Sunday closing" be and hereby are
amended as set forth below. The amended text with document markings is attached hereto as
Exhibit "A". Deletions from the Code are sverstr~sl~ and additions to the Code are double
~~.
SECTION THREE.
Sec. 4-22: Licenses and perrnits.
Class A: Class A license shall authorize the retail sale of all alcoholic liquor for
consumption on and off the licensed premises. This class of license shall not
allow the retail sale of alcoholic liquor by grocery stores or convenience stores.
The annual fee for such license shall be One Thousand Eight Hundred Seventy-
Five Dollars ($1,$75.00). There shall be no more than one (1) Class A license
issued at any one time.
Class B: Class B license shall authorize the retail sale of all alcoholic liquor, but
not for consumption on the premises where sold, by retail food establishments
commonly referred to as grocery stores; provided that the retail floor area
devoted to the display of alcoholic liquor shall not exceed five (5) percent of the
total retail floor area of said store or one thousand five hundred (1,500) square
feet of retail floor area, whichever is less. The annual fee for such license shall
be One Thousand Five Hundred Dollars ($1,500.00). There shall be no more
than three (3) Class B licenses issued at any one time.
Class B-1: Class B-1 license shall authorize the retail sale of beer and wine, but
not for consumption on the premises where sold, by retail food establishments
commonly referred to as grocery stores; provided that the retail floor area
devoted to the display of beer and wine shall not exceed five (5) percent of the
total retail floor area of said store ar one thousand five hundred (1,500) square
feet of retail floor area, whichever is less. The annual fee for such license shall
be One Thousand Twa Hundred Dollars ($1,200.00). There shall be no more
than two (2) Class B-1 licenses issued at any one time.
Class C: Class C license shall authorize the retail sale of alcoholic liquors
only in the original package and not for consumption on the licensed
premises where sold, by establishments commonly known as package
stores; provided the licensee dedicates substantially all of the retail floor
space of the licensed premises to the display of alcoholic liquors. The
annual fee far such license shall be One Thousand Five Hundred Dollars
($1,500.00). There shall be no more than five (5) Class C licenses issued
at any one time.
Class C-1: Class C-1 license shall authorize the retail sale of alcoholic
liquors only in the original package and not for consumption on the
licensed premises where sold, by retail establishments commonly referred
to as convenience stores; provided the retail floor space devoted to the
display of alcoholic liquors shall not exceed fifty (50) percent of the total
retail floor area of said licensed premises. Such license may only be
issued to a store that does not exceed three thousand (3,000) square feet
of retail floor space. The display of alcoholic liquor on such licensed
premises shall be confined to a liquor display area approved by the local
liquor commissioner or his designee. The annual fee for such license
shall be One Thousand Five Hundred Dollars ($1,500.00). There shall be
no more than none (0) Class C-1 licenses issued at any one time.
Class D: Class D license. shall authorize the retail sale of all alcoholic liquor in a
restaurant and served only at dining tables with food, for consumption on the
premises. The annual fee for such license shall be One Thousand Five Hundred
Dollars ($1,500.00). There shall be no more than four (4) Class D licenses
issued at any one time.
Class E: Class E license shall authorize the retail sale of alcoholic liquor
commonly referred to as beer and wine only at dining tables with food for
consumption on the premises. The annual fee far such license shall be One
Thousand Dollars ($1,000.00). There shall be no more than five (5) Class E
licenses issued at any one time.
Class F: Class F license shall authorize the retail sale on the specified premises
of alcoholic liquor for consumption on said premises, when the primary business
conducted upon said premises is that of a restaurant where not less than
seventy-five (75) percent of the retail floor area is devoted to the service of
complete sit down meals from a menu and not more than twenty-five (25) percent
of the retail floor area is devoted to lounge, bar and/or banquet purposes. The
annual fee for such license shall be One Thousand Eight Hundred Seventy-Five
Dollars ($1,8"5.00). There shall be no more than twelve (12) Class F licenses
issued at any one time.
Class G: Class G license shall authorize the sale of alcoholic liquor in its original
package for consumption off the licensed premises in connection with the
preparation and purchase of what is commonly referred to as a gift basket
consisting of fruits, nuts, cheeses, flowers and other similar items wherein the
alcoholic liquor is ancillary to the gift basket. The annual fee for such license
shall be One Hundred Dollars ($100.00). There shall be no more than none (0)
Class G licenses issued at any one time.
Class H: The local liquor control commissioner may grant a Class H license to
any local organization, business or group promoting an event for which the
common objective is not the sale of alcoholic liquor, as the local liquor control
commissioner may from time to time determine. A Class H license shall be a
temporary license authorizing the sale of beer and/or wine only, for consumption
on a single licensed premises, as identified in the Class H license, and for a
single event. A Class H license issued pursuant to this Chapter shall be valid for
the dates specified in the Class H license, as approved by the local liquor control
commissioner. In no event shall a Class H license remain valid for more than
forty-five (45) days from commencement of the event for which the license was
issued. If the licensed premises includes an outdoor area, the outdoor area shall
be entirely enclosed with a fence demarcating that area. The issuance of a
Class H license shall require written consent of the Village's police and fire
departments to confirm compliance with applicable state and local public health
and fire prevention ordinances and statutes, and applicable Village ordinances,
including but not limited to all applicable provisions of this Chapter. The local
liquor control commissioner shall determine and may impose such other
restrictions on said license as he deems necessary. The fee for a Class H
license is One Hundred Dollars ($100.00). In no event shall an organization be
issued more than two (2) Class H licenses in any calendar year.
Class l: Class I license shall authorize the storage, distribution and retail sale, on
the premises of hotels/motels with twenty-five (25) or more rooms, of alcoholic
liquor for consumption on the premises. The retail sale of alcoholic liquor in the
original package to occupants of the hotel/motel only shall also be authorized.
The annual fee for such license shall be One Thousand Five Hundred Dollars
($1,500.00). There shall be no more than none (0) Class I licenses issued at any
ane time.
Class J: Class J license shall authorize the sale on the specified premises of
alcoholic liquor for consumption on said premises when the primary business
conducted upon said premises is that of a recreational facility. Far the purpose of
this license classification, a "recreational facility" shall be defined as a racquetball
club, tennis club, health club, sports complex or bowling alley, wherein at least
eighty-five (85) percent of the retail floor area is devoted to recreational purposes
other than the sale or consumption of alcoholic liquor. The annual fee for such
license shall be One Thousand Eight Hundred Seventy-Five Dollars ($1,875.00).
There shall be no more than one (1) Class J license issued at any one time.
Class J-2: Class J-2 license shall authorize the retail sale of alcoholic liquor by a
bona fide social or fraternal organization or club organized under the laws of this
state, and not for pecuniary profit, solely for the promotion of same common
object other than the sale or consumption of alcoholic liquor, to its members, their
guests, and/or functions officially sanctioned by the organization or club, for'
consumption within the premises maintained by the club, and which shall permit
live entertainment. The annual fee for a Class J-2 license shall be Seven
Hundred Fifty Dollars ($750.00}. There shall be no more than one (1) Class J-2
license issued at any one time.
Class K: On application and payment of an investigation and processing fee, the
holder of a Class A, D, E, F, J, or N license may be issued an outdoor beer
garden license. This license shall allow the above licensees tv sell all alcoholic
liquor as authorized by the licensee's primary license classification, in a beer
garden. The annual fee for an outdoor beer garden license shall be Three
Hundred Dollars ($300.00). There shall be no more than nine (9) Class K
licenses issued at any one time.
Class K-1: On application and payment of an investigation and processing fee,
the holder of a Class A, D, E, F, J, L or N license may be issued an outdoor
seating license. This license shall authorize the retail sale of alcoholic liquor as
authorized by the licensee's primary license classification, at an outdoor seating
area located within the public right-of-way and far which the Village has issued
the licensee a revocable outdoor use permit. The retail sale of alcoholic liquor
pursuant to this license classification shall be authorized only during the hours
specified in the license, which hours shall be determined by the local liquor
commissioner. This license classification shall allow. the sale and delivery of
alcoholic liquor far consumption in the designated outdoor seating area. The
sale, delivery and consumption of alcoholic liquor in the designated outdoor
seating area shall be limited only to patrons seated in the outdoor area; in
seating authorized by the Village pursuant to the revocable outdoor use permit.
The annual fee for the outdoor seating license shall be Three Hundred Dollars
($300.00). There shall be no more than six (6) Class K-1 licenses issued at any
one time.
Class L: Class L license shall authorize the retail sale of bottled wines and
premium beer only in the original package and not for consumption on the
licensed premises, and the sale of wine and premium beer by the glass for
consumption on the licensed premises. Seating for customers ordering wine or
premium beer by the glass for consumption on the licensed premises, inclusive
of an outdoor seating area authorized by the Village and for which the licensee
has been issued a Class K-1 liquor license, shall not exceed thirty (30) seats.
This license classification shall also allow the delivery of alcoholic liquor, without
a charge, by such a licensee in small and limited amounts for sampling purposes
only in conjunction with sales promotional efforts occurring on the licensed
premises: The sampling shall be attended and supervised by a full-time
employee and only in a designated area on the licensed premises, and shall be
subject to such further regulation as deemed necessary by the local liquor control
commissioner. Only products registered with the state liquor commission may be
tasted in the following amounts: Wine--One (1) ounce and Beer--Two (2) ounces.
A Class L license also authorizes the sale of alcoholic liquor-related accessories,
fine food-related accessories, small gourmet foods which shall be limited to cold
sandwiches, appetizers, tapas or other similar foods, and drink products. A
Class L license shall not allow the sale of quick preparation foods, general
supermarket foods or household products. The annual fee for a Class L license
shall be One Thousand Dollars ($1,000.00). There shall be no more than one (1)
Class L license issued at any one time.
Class M: Class M license shall authorize the retail sale of alcoholic beverages
on the premises for consumption on the premises inside a bar and grill. For
purposes of this section, a bar and grill must derive at least forty (40) percent of
its gross revenue (on an annual basis) from the sale of food. The determination
of whether the forty (40) percent gross revenue standard has been met shall be
made at the time of license renewal for the year just ended. The records used to
determine whether the forty (40) percent standard has been met shall include,
but not be limited to, audited financial statements, corporate financial reports; .tax
return information, state liquor license reports, or any other form of information
deemed acceptable by the local liquor control commissioner or his designee.
The annual fee for such license shall be One Thousand Seven Hundred Fifty
Dollars ($1,750.00). There shall be no mare than three (3) Class M licenses
issued at any one time.
Class N: Class N license shall authorize for retail sale by microbreweries on the
specified premises, alcoholic liquors primarily for consumption on the premises as
well as other incidental retail sales and wholesale sales of beer brewed on the
premises and in original packages for consumption off premises; provided however
that such licenses shall be issued only to microbreweries having restaurants as
defined in this chapter under Class F licenses. The annual fee for such license
shall be One Thousand Eight Hundred Seventy-Five Dollars ($1;875.00). There
shall be no mare than one (1) Class N license issued at any one time.
Class O: Class O license shall authorize the removal from a restaurant, as that
term is defined in section 4-15 of this chapter, of one unsealed and partially
consumed battle of wine for ofF-premise consumption provided the patron
removing the partially consumed bottle of wine has purchased a meal and
consumed a portion of the bottle of wine with the meal nn the licensed premises.
Every such bottle shall be opened by the licensee's agent or employee. The
partially consumed bottle of wine may be removed from the licensed premises
only upon being securely sealed in a transparent one-time use tamper-proof bag
by the licensee or his agent prior to removal from the licensed premises. The
licensee or agent of the licensee shall provide a dated receipt for the bottle of
wine being removed from the licensed premises by the patron. It shall be
unlawful for the licensee. or any agent or employee of the licensee to permit any
patron to leave the licensed premises with any open liquor, including a bottle
wine not sealed in compliance with this section. The annual fee for a Class O
license shall be Three Hundred Dollars ($300.00). There shall be no more than
none (0) Class O licenses issued at any one time.
Class P: Class P license shall authorize the sale of alcoholic liquor on the
licensed premises, .but not for consumption on the licensed premises, in
connection with a caterer, catering establishment or catering service as defined
under section 4-15 of this article (collectively referred to herein as a "catering
business") operated or conducting business in the village. This classification of
license shall only be issued to persons who demonstrate they are operating a
bona fide catering business. A licensee holding a Class P license may only serve
alcoholic liquor in conjunction with the operation of a catering business serving
prepared meals, not in conjunction with the service of snacks, and only for
consumption on the premises where the meals are served. This license shalt
only permit the service of alcoholic liquor by employees of the licensee, and only
to invited guests at the private catered function. This license shall be issued only
for the premises owned, operated or maintained by the catering business or for
the location in which the catering business shall serve food and alcoholic liquor.
The annual fee for a Class P license shall be One Thousand Two Hundred
Dollars ($1,200.00). There shall be no more than one (1) Class P license issued
at any one time.
Class Q: Class Q license shall authorize a .restaurant, as that term is defined in
section 4-15 of this chapter, to permit a patron of legal drinking age, to bring,
possess and consume wine or other vinous beverage on the licensed premises
in accordance with the conditions set forth herein. Consumption of such wine or
vinous beverage shall only be permitted by patrons of legal drinking age who
order and are served a meal by the licensee. Only one (1) bottle of wine or
vinous beverage is permitted to be brought onto the premises by an individual
patron per visit. The wine or vinous beverage must be commercially
manufactured, sealed in its original seal, given to the licensee's agent or
employee before the patron is seated and opened only by the licensee's agent or
employee. Consumption of the wine or vinous beverage shall only be permitted
from twelve o'clock (12:00) P.M. until ten o'clock (10:00) P.M., Sunday through
Saturday. No restaurant that has a service bar is eligible for a Class Q license.
In addition, no restaurant that has any other classification of a liquor license
under this code is eligible for a Class Q license. A partially consumed bottle of
wine or other vinous beverage may be removed from the licensed premises only
upon being securely sealed in a transparent one-time use tamper-proof bag by
the licensee or his agent prior to removal from the licensed premises. It shall be
unlawful for the licensee or any agent or employee of the licensee to permit any
patron to leave the licensed premises with any open liquor, including a bottle of
wine not sealed in compliance with this section. The annual fee for a Class Q
license shall be One Hundred Dollars ($100.00). There shall be no more than
none (0) Class Q licenses issued at any one time.
(Ord. No. 1742, § 1, 7-21-97; Ord. No. 1746, §§ 1--3, 8-18-97; Ord. No. 1757, §§ 1, 2,
10-6-97; Ord. No. 1798, § 1, 7-13-98; Ord. No. 1835, § I, 2-1-99; Ord. No. 1868, § I, 7-
12-99; Ord. No. 1885, § 1, 10-4-99; Ord. No. 1975, § 1, 5-15-2000; Ord. No. 2041, § 1,
6-18-01; Ord. No. 2045, § I, 7-2-01; Ord. No. 2078, § 1, 1-7-02; Ord. No. 2139, § 1, 6-
17-02; Ord. No. 2153, § 1, 2, 8-5-02; Ord. No. 2160, § I, 10-7-02; Ord. No. 2163, § 1,
11-4-02; Ord. No. 2176, § 1, 12-2-02; Ord. No. 2237, § I, 7-7-03; Ord. No. 2405, §§ I, II,
6-21-04; Ord. No. 2443, § 1, 11-15-04; Ord. No. 2460, § I, 3-7-05; Ord. No. 2462, § I, 3-
21-05; Ord. No. 2529, § 1, 12-5-05; Ord. No. 2543, § 1, 4.3-06; Ord. Na. 2705, § I, 10-
15-07; Ord. No. 2709, § I, 11-20-07; Ord. 2008-2771 eff. 6-26-08; Ord. 2009- eff. -
2009)
Sec. 4-33. Closing hours; Sunday closing.
(a) It shall be unlawful far any licensee holding a liquor license in classification A, D, E,
F, J, J-2, K, M or N to sell, offer for sale, or deliver any alcoholic liquor in the village or to
permit any person to consume any alcoholic liquor in or on any premises for which a
license providing for consumption on the premises has been issued pursuant to this
chapter, between the hours of 1:00 a.m. to 9:00 a.m. on Monday through Friday
inclusive; between the hours of 2:00 a.m. and 9:00 a.m. on Saturday; and between the
hours of 2:00 a.m. and 12:00 noon on Sunday; and on January 1 of each year said
closing hour shall be 3:00 a.m. If any persons other than the licensee or the licensee's
employees are on the premises after the aforesaid hours and there are alcoholic
beverages in any form ar container other than in the corked or re-closed place of display
or storage, it shall be presumed that a violation of this section has occurred. All
unfinished drinks shall be cleared from the bar, tables and any other serving areas
within ten (10) minutes after closing time.
(b) It shall be unlawful for any licensee holding a liquor license in classification B, C,
C-1 or G to sell or offer far sale any alcoholic liquor in the village between the hours of
1:00 a.m. to 7:00 a.m. on Monday through Friday inclusive; between the haurs of 1:00
a.m. and 7:00 a.m. on Saturday; between the haurs of 1:00 a.m. and 10:00 a.m. on
Sunday; and on January 1 of each year said closing hour shall be 2:00 a.m.
(c) It shall be unlawful for any licensee holding a liquor license in classification L to sell,
offer for sale or deliver any alcoholic liquor in the village, for consumption on the
licensed premises, between the hours of 1:00 a.m. to 9:00 a.m. on Monday through
Friday inclusive; between the hours of 2:00 a.m. and 9:00 a.m. on Saturday; and
between the hours of 2:00 a.m. and 12:00 noon on Sunday. It shall be unlawful for any
licensee holding a liquor license in classification L to sell, offer for sale ar deliver any
alcoholic liquor in the village, for consumption off the licensed premises, between the
hours of 1:00 a.m. to 7:00 a.m. on Monday through Friday inclusive; between the hours
of 1:00 a.m. and 7:00 a.m. on Saturday; and between the hours of 1:00 a.m. and 10:00
a.m. on Sunday.
(d) It shall be unlawful for any premises for which a retail liquor dealer's license has
been issued pursuant to this chapter to remain open far business or to admit or permit
to remain any persons other than employees on any licensed premises during the hours
within which the sale of liquor is prohibited. Retail establishments, restaurants and clubs
may be kept open during such hours, but na alcoholic liquor may be sold, consumed by
the public, or remain on tables or a bar during such hours. Nothing contained in this
section shall be deemed to authorize any retail establishments, restaurant or club to
remain open for business or to admit the public to the premises at or during any hour
when that premises is required to be closed by virtue of the regulations ar restrictions
imposed by any other provisions of this Code.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this section, a
licensee holding a liquor license in classification A, D, E, F, M or N may request
permission from the local liquor control commissioner to commence alcohol sales at
10:30 a.m. on two Sundays during the term of the license, for a planned event on the
licensed premises. Such requests must be in writing and submitted to the local liquor
control commissioner at least ninety (90) days prior to the planned event. It shall be
unlawful to commence such alcohol sales without first obtaining permission of the local
liquor control commissioner. Such permission shall only be granted during the term of
the requestor's liquor license and shall only be granted to licensees compliant with
existing village, county and state public health and fire prevention ordinances and
statutes.
(f) Notwithstanding the provisions of paragraphs (a), (b), (c), (d) and {e) of this section,
a licensee holding a liquor license in classification A, D, E, F, M or N may commence
alcohol sales at 10:00 a.m. on Sunday when the alcohol sales are in conjunction with
the service of a Sunday brunch. Alcohol sales permitted pursuant to this subsection (f)
shall be for consumption on the licensed premises only, by patrons of legal drinking age
who order and are provided Sunday brunch service at a table on the licensed premises.
Alcohol sales permitted pursuant to this subsection (f) do not include or permit the sale,
offer for sale or the delivery of any alcoholic liquor from a bar, or the sale, offer for sale
or delivery of alcohol for consumption off the licensed premises.
(Ord. No. 2716, § 2, 12-3-07; Ord. 2009- eff. -2009)
State law references: Hours of sales, 235 ILCS 5/5-14.
SECTION FOUR. That any Village Ordinance or Resolution, or park thereof, in
conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly
repealed.
SECTION FIVE. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be stricken and shall not affect any other
provision of this Ordinance.
SECTION SIX. This Ordinance shall be in full force and effect after its passage,
approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 2877.
PASSED the 22nd day Of June, 2009.
AYES: Peck, Racich, Vaupel, Bonuchi, Fay, Lamb
NAYS: None
ABSENT: None
APPROVED this 22nd day of June, 2009.
hael P. Collins
Ilage President
ATTESTE ND FILED IN Y OFF CE:
~~
Michelle Gibas
Village Clerk
EXHIBIT A
Sec. 4-22: Licenses and permits.
Class A: Class A license shall authorize the retail sale of all alcoholic liquor for
consumption on and off the licensed premises. This class of license shall not
allow the retail sale of alcoholic liquor by grocery stores or convenience stores.
The annual fee for such license shall be One Thousand Eight Hundred Seventy-
Five Dollars ($1,875.00). There shall be no more than, one (1) Class A license
issued at any one time.
Class 8: Class B license shall authorize the retail sale of all alcoholic liquor, but
not for consumption on the premises where sold, by retail food establishments
commonly referred to as grocery stores; provided that the retail floor area
devoted to the display of alcoholic liquor shall not exceed five (5) percent of the
total retail floor area of said store or one thousand five hundred (1,500) square
feet of retail floor area, whichever is less. The annual fee far such license shall
be One Thousand Five Hundred Dollars ($1,500.00). There shall be no more
than three (3) Class B licenses issued at any one time.
Class 8-1: Class B-1 license shall authorize the retail sale of beer and wine, but
not for consumption on the premises where sold, by retail food establishments
commonly referred to as grocery stores; provided that the retail floor area
devoted to the display of beer and wine shall not exceed five (5) percent of the
total retail floor area of said store or one thousand five hundred (1,500} square
feet of retail floor area, whichever is less. The annual fee for such license shall
be One Thousand Two Hundred Dollars ($1,200.00). There shall be no more
than two (2) Class B-1 licenses issued at any one time.
Class C: Class C license shall authorize the retail sale of alcoholic liquors
only in the original package and not for consumption on the licensed
premises where sold, by establishments commonly known as package
stores; provided the licensee dedicates substantially all of the retail floor
space of the licensed premises to the display of alcoholic liquors. The
annual fee for such license shall be One Thousand Five Hundred Dollars
($1,500.00). There shall be no more than five (5) Class C licenses issued
at any one time.
Class G1: Class C-1 license shall authorize the retail sale of alcoholic
liquors only in the original package and not for consumption on the
licensed premises where sold, by retail establishments commonly referred
to as convenience stores; provided the retail floor space devoted to the
display of alcoholic liquors shall not exceed fifty (50) percent of the total
retail floor area of said licensed premises. Such license may only be
issued to a store that does not exceed three thousand (3,000) square feet
of retail floor space. The display of alcoholic liquor on such licensed
premises shall be confined to a liquor. display area approved by the local
liquor commissioner or his designee. The annual fee for such license
shall be One Thousand Five Hundred Dollars ($1,500.00). There shall be
no more than none (0) Class C-1 licenses issued at any one time.
Class D: Class D license shall authorize the retail sale of all alcoholic liquor in a
restaurant and served only at dining tables with food, for consumption on the
premises. The annual fee for such license shall be One Thousand Five Hundred
Dollars ($1,500.00). There shall be no more than four (4) Class D licenses
issued at any one time.
Class E: Class E license shall authorize the retail sale of alcoholic liquor
commonly referred to as beer and wine only at dining tables with food for
consumption on the premises. The annual fee for such license shall be One
Thousand Dollars ($1,000.00). There shall be no more than five (5) Class E
licenses issued at any one time.
Class F: Class F license shall authorize the retail sale on the specified premises
of alcoholic liquor for consumption on said premises,. when the primary business
conducted upon said premises is that of a restaurant where not less than
seventy-five (75) percent of the retail floor area is devoted to the service of
complete sit down meals from a menu and not more than twenty-five (25) percent
of the retail floor area is devoted to lounge, bar and/or banquet purposes. The
annual fee for such license shall be One Thousand Eight Hundred Seventy-Five
Dollars ($1,875.00): There shall be no more than twelve (12) Class F licenses
issued at any one time.
Class G: Class G license shall authorize the sale of alcoholic liquor in its original
package for consumption off he licensed QLmises e#s+te in ,connection with the
preparation and purchase of what is commonly referred to as a gift basket
consisting of fruits, nuts, cheeses, flowers and other similar items wherein the
alcoholic liquor is ancillary to the gift basket. The annual fee for such license
shall be One Hundred Dollars ($100.00). There shall be no more than none (0)
Class G licenses issued at any one time.
Class H: The local liquor control commissioner may grant a Class H license to
any local organization, business or group promoting an event for which the
common objective is not the sale of alcoholic liquor, as the local liquor control
commissioner may from time to time determine. A Class H license shall be a
temporary license authorizing the sale of beer and/or wine only, for consumption
on a single licensed premises, as identified in the Class H license, and for a
single event. A Class H license issued pursuant to this Chapter shall be valid far
the dates specified in the Class H license, as approved by the local liquor control
commissioner.. In no event shall a Class H license remain valid for more than
forty-five (45) days from commencement of the event for which the license was
issued. If the licensed premises includes an outdoor area, the outdoor area shall
be entirely enclosed with a fence demarcating that area. ,The issuance of a
Class H license shall require written consent of the Village's police and fire
departments to confirm compliance with applicable state and local public health
and fire prevention ordinances and statutes, and applicable Village ordinances,
including but not limited to all applicable provisions of this Chapter. The local
liquor control commissioner shall determine #~-e ar may impose such other
restrictions on said license as he deems necessary. The fee for a Class H
license is One Hundred Dollars ($100.00). In no event shall an organization be
issued more than two (2) Class H licenses in any calendar year.
Class /: Class I license shall authorize the storage, distribution and retail sale, on
the premises of hotels/motels with twenty-five (25) or more roams, of alcoholic
liquor for consumption on the premises. The retail sale of alcoholic liquor in the
original package to occupants of the hotel/motel only shall also be authorized.
The annual fee for such license shall be One Thousand Five Hundred Dollars
($1,500.00). There shall be no more than none (0) Class I licenses issued at any
one time.
Class J: Class J license shall authorize the sale on the specified premises of
alcoholic liquor far consumption on said premises when the primary business
conducted upon said premises is that of a recreational facility. For the purpose of
this sass license classification, a "recreational facility" shall be defined as a
racquetball club, tennis club, health club, sports complex or bawling alley,
wherein at least eighty-five (85) percent of the retail floor area is devoted to
recreational purposes other than the sale or consumption of alcoholic liquor. The
annual fee for such license shall be One Thousand Eight Hundred Seventy-Five
Dollars ($1,875.00). There shall be no more than one (1) Class J license issued
at any one time.
Class J-2: Class J-2 license shall authorize the retail sale of alcoholic liquor by a
bona fide social or fraternal organization or club organized under the laws of this
state, and not for pecuniary profit, solely far the promotion of same common
abject other than the sale or consumption of alcoholic liquor, to its members, their
guests, and/or functions officially sanctioned by the organization or club, for
consumption within the premises maintained by the club, and which shall permit
live entertainment. The annual fee for a Class J-2 license shall be Seven
Hundred Fifty Dollars ($750.00). There shall be no mare than one (1) Class J-2
license issued at any one time.
Class K: On application and payment of an investigation and processing fee, the
holder of a Class A, D, E, 1=, J, ~ or N license may be issued an outdoor beer
garden license. This license shall allow the above licensees to sell all alcoholic
liquor as authorized by #+s the licea ewe's primary lic. ense classification, in a beer
garden.. The annual fee far an outdoor beer garden license shall be Three
Hundred Dollars ($300.00) ~~. There shall be na more than #+ft2er~--f~}
nine Class K licenses issued at any one time.
Cla K-1: On a lica ' nand a m t of an inve i ation nd ro ssin e
the olde f a CI ss A E J L N lice e m be iss d an o door
eati lice e. T liven sha thor' the r ail sal f alco lic li u r as
a horize b t livens e's 'ma ' ense lassifi ion at n outd r seatin
area located within the public riaht-of-way and for which he Villa has is_ ued
th licensee a r vocab outd or use taermit. The retail sale of alcoholic liquor
pursu nt to this liven a cla _ ification shall be auth rized onl~durin he hour
spe ified i the lice. which hours shaLLbe det rmined by t_he local lictuor
commissio er. T is liven a clan ificatio hall w the le and elive
alco lic li or for Hsu ion in he desi Hated o door se tin are The
ale live nd con m do of alc olic li r in th esi n outdo r
a in rea s II be li don to atr ns sea din th utdoor rea in
eatin uthor'zed b he Vill urs nt tot revoca I outd ruse ermit.
Th nnua ee for a outd r sea ' livens shall b Three .red Do lays
($300.00). T re shal a no m re tha ix 6 I ss K-1 li nses is d at an
onetime.
Class L: Class L license shall authorize the retail sale of bottled wines and
premium beer only in the original package and not for consumption on the
licensed premises, and the sale of wine and premium beer by the glass for
consumption on the licensed premises. Th,-. ~.~'° „f ,.,~nc Ana h°~r byte°_y
- vW~v v~..vv~~w.w ... .. ... ....,........., ... ..~.. .._~._
. Seating for customers
ordering wine or premium beer by the glass for con m tion n w+t#in the
licensed premises, inclusive of an outdoor sestina area authorized by.the Vllaae
and for which the liven ee ha been i ued a lass K-1 li uor lic a shall not
exceed thirty (30) seats. This Blase-e~ license classification shall also allow the
delivery of alcoholic liquor, without a charge, by such a licensee in small and
limited amounts for sampling purposes only in conjunction with sales promotional
efforts occurring on the licensed premises. The sampling shall be attended and
supervised by a full-time employee and only in a designated area on the licensed
premises, and shall be subject to such further regulation as deemed necessary
by the local liquor control commissioner. Only products registered with the state
liquor commission may be tasted in the fallowing amounts: Wine--One (1) ounce
and Beer--Two (2) ounces. A Class L license also authorizes the sale of
alcoholic liquor-related accessories, fine food-related accessories, small gourmet
foods w ich shall be limited to cold sandwiches apgetizer~. tapas ar other similar
fog and drink products. A CIaSS L license shall not allow the_sale of °hQ
flat quick preparation faods, general supermarket foods; or household products.
The annual fee for a Class L license shall be One Thousand Dollars ($1,000.00).
There shall be no more than one (1) Class L license issued at any one time.
Class M: Class M license shall authorize the retail sale of alcoholic beverages
on the premises for consumption on the premises inside a bar and grill: For
purposes of this section, a bar. and grill must derive at least forty (40) percent of
its gross revenue (on an annual basis) from the sale of food. The determination
of whether the forty (40) percent gross revenue standard has been met shall be
made at the time of license renewal for the year just ended. The records used to
determine whether the forty (40) percent standard has been met .shall include,
but not be limited to, audited financial statements, corporate financial reports; tax
return information, state liquor license reports, or any other form of information
deemed acceptable by the local liquor control commissioner or his designee.
The annual fee for such license shall be One Thousand Seven Hundred Fifty
Dollars ($1,750.00). There shall be no more than three (3) Class M licenses
issued at any one time.
Class N: Class N license shall authorize for retail sale by microbreweries on the
specified premises, alcoholic liquors primarily for consumption on the premises as
well as other incidental retail sales and wholesale sales of beer brewed on the
premises and in original packages for consumption off premises; provided however
that such licenses shall be issued only to microbreweries having restaurants as
defined in this chapter under Class F licenses. The annual fee for such license
shall be One Thousand Eight Hundred Seventy-Five Dollars ($1,875.00). There
shall be no more than one (1) Class N license issued at any one time.
Class O: Class O license shall authorize the removal from a restaurant, as that
term is defined in section 4-15 of this chapter, of one unsealed and partially
consumed battle of wine for off-premise consumption provided the patron
removing the partially consumed bottle of wine has purchased a meal and
consumed a portion of the bottle of wine with the meal on the licensed premises.
Every such bottle shall be opened by the licensee's agent or employee: The
partially consumed bottle of wine may be removed from the licensed premises
only upon being securely sealed in a transparent one-time use tamper-proof bag
by the licensee or his agent prior to removal from the licensed premises. The
licensee or agent of the licensee shall provide a dated receipt for the bottle of
wine being removed from the licensed premises by the patron. It shall be
unlawful for the licensee or any agent or employee of the licensee to permit any
patron to leave the licensed premises with any open liquor, including a bottle
wine not sealed in compliance with this section. The annual fee far a Class O
license shall be Three Hundred Dollars ($300.00). There shall be no mare than
none (0) Class O licensed issued at any one time.
Class P: Class P license shall authorize the sale of alcoholic liquor on the
licensed premises, but nor for consumption on the licensed premises, in
connection with a caterer, catering establishment or catering service as defined
under section 415 of this article (collectively referred to herein as a "catering
business") operated or conducting business in the village. This classification of
license shall only be issued to persons wha demonstrate they are operating a
bona fide catering business. A licensee holding a Class P license may only
service alcoholic liquor in conjunction with the operation of a catering business
serving prepared meals, not in conjunction with the service of snacks; and only
for consumption on the premises where the meals are served. This license shall
only permit the service of alcoholic liquor by employees of the licensee, and only
to invited guests at the private catered function. This license shall be issued only
for the premises awned, operated or .maintained by the catering business or for
the location in which the catering business shall serve food and alcoholic liquor.
The annual fee for a Class P license shall be One Thousand Two Hundred
Dollars ($1,200.00). There shall be no more than one (1) Class P license issued
at any one time.
Class Q: Class Q license shall authorize a restaurant, as that term is defined in
section 4-15 of this chapter, to permit a patron of legal drinking age, to bring,
possess and consume wine or other vinous beverage an the licensed premises
in accordance with the conditions set forth herein. Consumption of such wine or
vinous beverage shall only be permitted by patrons of legal drinking age who
order and are served a meal by the licensee. Only one (1) bottle of wine or
vinous beverage is permitted to be brought onto the premises by an individual
patron per visit. The wine or vinous beverage must be commercially
manufactured, sealed in its original seal, given to the licensee's agent or
employee before the patron is seated and opened only by the licensee's agent or
employee. Consumption of the wine or vinous beverage shall only be permitted
from twelve o'clock (12:00) P.M. until ten o'clock (10:00) P.M., Sunday through
Saturday. No restaurant that has a service bar is eligible fvr a Class Q license.
In addition, no restaurant that has any other classification of a liquor license
under this code is eligible for a Class Q license. A partially consumed bottle of
wine or other vinous beverage may be removed from the licensed premises only
upon being securely sealed in a transparent one-time use tamper-proof bag by
the licensee or his agent prior to removal from the licensed premises. It shall be
unlawful for the licensee or any agent or employee of the licensee to permit any
patron to leave the licensed premises with any open liquor, including a bottle of
wine not sealed in compliance with this section. The annual fee for a Class Q
license shall be One Hundred Dollars ($100.00). There shall be no more than
none (0) Class Q licenses issued at any one time.
(Ord. No. 1742, § 1, 7-21-97; Ord. No. 1746, §§ 1--3, 8-18-97; Ord. No. 1757, §§ 1, 2,
10-6-97; Ord. No. 1798, § 1, 7-13-98; Ord. No. 1835, § I, 2-1-99; Ord. No. 1868, § I, 7-
12-99; Ord. No. 1885, § 1, 10-4-99; Ord. No. 1975, § 1, 5-15-2000; Ord. No. 2041, § 1,
6-18-01; Ord. No. 2045, § I, 7-2-01; Ord. No. 2078, § 1, 1-7-02; Ord. No. 2139, § 1, 6-
17-02; Ord. No. 2153, § 1, 2, 8-5-02; Ord. No. 2160, § I, 10-7-02; Ord. Na. 2163, § 1,
11-4-02; Ord. No. 2176, § 1, 12-2-02; Ord. No. 2237, § I, 7-7-03; Ord. No. 2405, §§ I, II,
6-21-04; Ord. No. 2443, § 1, 11-15-04; Ord. No. 2460., § 1, 3-7-05; Ord. No. 2462, § I, 3-
21-05; Ord. No. 2529, § 1, 12-5-05; Ord. No. 2543, § 1, 4-3-06; Ord. No. 2705, § I, 10-
15-07; Ord.. No. 2709, § I, 11-20-07; Ord. 2008-2770 eff. 6-26-2008; Ord. 2008-2771 eff.
6-26-08; Ord. 2 09- ff. -200 )
Sec. 433. Closing hours; Sunday closing.
(a) It shall be unlawful for any licensee .holding a liquor license in classification A, D, E,
F, J, J-2, K, M or a~ N to sell, offer for sale, or deliver any alcoholic liquor in the village
or to permit any person to consume any alcoholic liquor in or on any premises for which
a license providing for consumption on the premises has been issued pursuant to this
chapter, between the hours of 1:00 a.m. to 9:00 a.m. on Monday through Friday
inclusive; between the hours of 2:00 a.m. and 9:00 a.m. on Saturday; and between the
hours of 2:00 a.m. and 12:00 noon on Sunday; and on January 1 of each year said
closing hour shall be 3:00 a.m. If any persons other than the licensee or the licensee's
employees are on the premises after the aforesaid hours and there are alcoholic
beverages in any form or container other than in the corked or re-closed place of display
or storage, it shall be presumed that a violation of this section has occurred. All
unfinished drinks shall be cleared from the bar, tables and any other serving areas
within ten (10) minutes after closing time.
(b) It shall be unlawful for any licensee holding a liquor license in classification B, C, ~-
1Q a~+d G,--~ to sell or offer for sale any alcoholic liquor in the village between the
hours of 1:00 a.m. to 7:00 a.m. on Monday through Friday inclusive; between the hours
of 1:00 a.m. and 7:Q0 a.m. on Saturday; between the hours of 1:00 a.m. and 10:00 a.m.
on Sunday; and on January 1 of each year said closing hour shall be 2:00 a.m.
(c) It shall be unlawful for anv licensee holdina a liquor license in classification L to sell,
off r for sal or deliver an alcoholic li uor in villa a for consu ian on th
icensed remise betwe n the h rs of 1: a.m. to :00 a.m. n Monda throu h
Frida inclusi e• betty n the urs of 0 a.m. and 9:00 m. on Sa a • and
between the hours of 2.0 a m and 12:00 n_ oc~n on Sundav. _ It shall be unlawful for anv
lice ee hold'n a li or liven in cla ificatio L to sell r for sa or deliver a
Icoholi li uor i the vill a for c nsum n off the icensed r mises be en the
ho r of 1:0 a.m, to 7:00 a.m on Mona throu h Frida i elusive' tween the h urs
1:00 a.m. and :00 a. on Satur a • an etween he hours o 1:00 a.m. and 10:00
a.m. on Standa~
(ds) It shall be unlawful for any premises for which a retail liquor dealer's license has
been issued pursuant to this chapter to remain open for business or to admit or permit
to remain any persons other than employees on any licensed premises during the hours
within which the sale of liquor is prohibited. Retail establishments, restaurants and clubs
may be kept open during such hours, but no alcoholic liquor may be sold, consumed by
the public, or remain on tables or a bar during such hours. Nothing contained in this
section shall be deemed to authorize any retail establishments, restaurant or club to
remain open for business or to admit the public to the premises at or during any hour
when that premises is required to be closed by virtue of the regulations or restrictions
imposed by any other provisions of this Code.
(ed) Notwithstanding the provisions of paragraphs (a), (b)~ a~ (c) n~ of this
section, a licensee holding a liquor license in classification A, D, E, F, M or N may
request permission from the local liquor control commissioner to commence alcohol
sales at 10:30 a.m. on two Sundays during the term of the license, for a planned event
on the licensed premises. Such requests must be in writing and submitted to the local
liquor control commissioner at least ninety (90) days prior to the planned event. It shall
be unlawful to commence such alcohol sales without first obtaining permission of the
local liquor control commissioner. Such permission shall only be granted during the term
of the requestor's liquor license and shall only be granted to licensees compliant with
existing village, county and state public health and fire prevention ordinances and
statutes.
(fl Notwithstar ding the provisions of aaraaranhs (a). (b). (c). (d) and lel of this section,
a licensee holding a liauar_I tense in classification A, D, E, F, M Qr N may commence
alcohol sales at 10:00 a.m_on Sundav when the alcohol sales are in coniuncti~n with
the service of a Sundav. brunch. Alcohol.. ales permitted pursuant to this subsection (fl
---
shall be for consumption on the licensed premises only. by patrons of legal drinkn__a age
:.- :_.
who order and are provided Sun brunch sere' t a table on the i d remises.
Alcohol sales permitted pursuant to this subs. ection (fl do not include ~r_oermit the sale,.
offer for sale or the delivery of any alcoholic liauor from a bar. or the sales offer for sale
or eliverv of alcohol for consumption off the licens_ remises.
(Ord. No. 2716, § 2, 12-3-07; .Ord. 2009- eff. -2009)