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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)