O-701-91 08/12/91VILLAGE OF LEMONT
ORDINANCE NO. 70
1991 AMENDMENT TO THE ALCOHOLIC BEVERAGES ORDINANCE
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /c9\ day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook County, Illinois,
this 2day of 1991.
1991.
1991 AMENDMENT TO THE
ALCOHOLIC BEVERAGES ORDINANCE
BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont
that the Lemont Municipal Code of 1988 . Title 5 Chapter 5.04 relating to alcoholic
beverages specifically Sections 5.04.010 through 5.04.300 are hereby amended to read as
follows:
ALCOHOLIC BEVERAGES
5.04.010 Construction of provisions.
This Chapter shall be liberally construed to the end that the health, safety and
welfare of the residents of the Village of Lemont shall be protected. (Ord. 333 (part), 1974;
prior code Section 20.001 (a))
5.04.020 I)efinitions.
Unless the context shall otherwise require, the following terms as used in this
chapter shall have the meanings respectively ascribed to them by this section:
Alcohol. The product of distillation of any fermented liquid, whether rectified or
diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does
not include denatured alcohol or wood alcohol.
Alcoholic liquor. Includes the four (4) varieties of liquor defined in this section, i.e.,
alcohol, spirits, wine and beer and every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer, and capable of being consumed as a beverage by human
beings.
Applicant. The person or persons required to sign the application for liquor license
pursuant to this chapter.
Beer. A beverage obtained by alcoholic fermentation of an infusion or concoction
of barley, or other grain, malt and hops in water, and includes, amount other things, beer,
malt liquor, ale, stout, lager beer, porter and the like.
Club.
(1) A patriotic or veterans' society organized under the laws of the United States
or the State of Illinois, or
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(2) A corporation organized under the laws of the United States or the State of
Illinois but not (for) pecuniary profit, solely for the promotion of some common object
other than the sale or consumption of alcoholic liquors, kept, used, and maintained by
its members through the payment of annual dues and owing, hiring or leasing a building
or space in a building of such extent and character as may be suitable and adequate for
the reasonable and comfortable use and accommodation of its members and their guests
and provided with suitable and adequate kitchen and dining room space and equipment
and maintaining sufficient number of servants and employees for cooking, preparing and
serving food and meals for its members and guests; provided that such club files with the
Mayor at the time of its application for a license under this chapter two (2) copies of a list
of names and residences of its members and similarly files within ten (10) days of the
election of any additional member, his name and address; and provided further, that its
affairs and management are conducted by a Board of Directors, Executive Committee, or
similar body chosen by the members at their annual meeting and that no member or any
officer, agent or employee of the club is paid, or directly or indirectly receives, in the form
of salary or other compensation, any profits from the distribution or sale of alcoholic
liquor to the club or the members of the club or its guests introduced by members beyond
the amount of such salary as may be fixed and voted at any annual meeting by the
members or by its Board of Directors or other governing body out of the general revenue
of the club.
Commissioner. Liquor Commissioner or his deputies.
Entertainment. The offering or permitting of any amusement including live musical
performances, vaudeville, acting, dancing or contests. Entertainment shall not be construed
to include radio, television, electronic reproduction of music or coin - operated game
machines.
Hotel. Any public area held out to the public as a place where sleeping
accommodations are offered for consideration whether on a transient or permanent basis.
Licensee. That person or persons named in the retail liquor license and shall
include all officers, partners, agents or employees.
Original Package. Any bottle, flask, jug, can, cask, barrel, keg, hogshed or other
receptacle or container of whatsoever kind, used, corked or capped, sealed and labeled by
the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.
Premises. that area as described in the application where alcohol is served, stored
or sold and areas internally connected thereto by doorway which areas are integrally
related to the operation of the licenses establishment.
Restaurant. Any public area where food is served for consideration at tables, on a
daily basis, is licensed as a restaurant, and where over one -third (1/3) of the gross revenue
of the licensed premises is derived from the sale of such food. Such area shall not include
the lounge area or bar of the premises.
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Retail sale. The sale or use or consumption and not for resale in any form.
Sale (to sell). Any transfer, or exchange in any manner or by any means whatsoever
for direct or indirect consideration, and including all sales made by any person, whether
as principal, proprietor, agent, servant, or employee, and includes, but is not limited to, all
of the following acts:
(a) The selling of alcoholic liquor;
(b) The giving away of alcoholic liquor;
(c) The dispensing of alcoholic liquor;
(d) The providing of mix, ice, water or glasses for consumption of alcoholic liquor
on premises;
(e) The pouring of alcoholic liquor;
(f) The providing of "set -ups" containing alcoholic liquor;
(g) The storage of any alcoholic liquor.
Spirits. Any beverage which contains alcohol obtained by distillation, mixed with
water or other substance in solution and includes brandy, rum, whisky, gin or other
spirituous liquors and such liquors when rectified, blended or otherwise mixed and alcohol
or other substances.
Wine. Any alcoholic beverage obtained by the fermentation of the natural contents
of fruits or vegetables, containing sugar, including such beverages when fortified by the
addition of alcohol or spirits, as defined in this section.
5.04.030 Liquor Control Commissioner and Review Board.
A. The Village President (Mayor) of Lemont shall be the Local Liquor Control
Commissioner, and shall be charged with the administration within the Village of the
appropriate provisions of this chapter. He shall receive an annual salary of One Thousand
Eight Hundred Dollars per year in quarterly installments.
B. The Village President, with the consent of the Village Board, shall appoint a
Liquor Control Review Board of three Lemont residents, to investigate and review all
applications, renewals and complaints, and to investigate the operation of all licensed
establishments, conduct hearings, receive evidence and sworn testimony, and make
recommendations to the Commissioner. Members of the Board shall serve for a term of
three years, except that the first member shall be appointed for terms of one, two and three
years, respectively.
C. The Local Liquor Control Commissioner shall have the following powers,
functions and duties with the respect to license:
1. To grant, suspend for not more than thirty days, or revoke for cause all
local licenses issued to persons for premises within his jurisdiction;
2. To enter or to authorize any law enforcement officer to enter at any time
upon any premises licensed under this chapter to determine whether any of the provisions
of this chapter, or any rules or regulations adopted by him or by the State Commission,
have been or are being violated, and at such time to examine such premises of the license
in connection therewith;
3. To receive complaints from any citizen within his jurisdiction that any of
the provisions of this chapter, or any rules or regulations adopted pursuant thereto, have
been or are being violated, and act upon such complaints in the manner hereinafter
provided in this chapter;
4. '1'o receive local license fees and pay the same forthwith to the Village
Treasurer;
5. In the event that an application is rejected by the Local Liquor Control
Commissioner, the Village Board may overrule him, if a motion to do is made within thirty
days of the rejection. A two - thirds vote of the Village Board is necessary to overrule the
Commissioner. If the Commissioner is overruled, such action shall create an additional
license of the class applied for, and the Commissioner shall issue such license to the
applicant.
5.04.040 Licenses -- Required.
It is unlawful to sell or offer for sale in the Village any alcoholic liquor without
having a license, or in violation of the terms of such license. (Ord. 333 (part), 1974: prior
code Section 20.003)
5.04.050 Applications.
Application for such license shall be made to the Commissioner, upon forms
prepared and furnished by the Village. Each application shall be signed by the applicant.
If applicant is a partnership, all partners shall sign the application; if the applicant is a
corporation or club, all officers shall sign the application and indicate their official
position. The information recited in the application form shall be verified by oath or
affirmation as to each person signing the application. Such application shall be submitted
and filed with the Commissioner. New applications shall be accompanied by a non-
refundable application fee of One Hundred Dollars ($100.00). Each application shall
contain at least the following information and statements:
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(a) The name, age and address of the applicant in the case of an individual; in the
case of a partnership, the names, ages, and addresses of all partners; in the case of
a corporation or a club, the date of incorporation, the objects for which it was
organized, the names and addresses of the officers, directors, managers, and, if a
majority in interest of the stock of the corporation is owned by one person or his
nominees, the name, age and address of that person.
(b) The citizenship of the applicant, his place of birth and, if a naturalized citizen,
the time and place of his naturalization.
(c) The nature of the business which the applicant intends to carry out on the
premises along with the amount of the applicant's anticipated gross revenues for
alcoholic liquor as compared with gross revenue from other sources within the
proposed licensed premises.
(d) The nature of entertainment proposed to be offered within the proposed
premises.
(e) The class of license applied for.
(f) The length of time that the applicant has been a resident of the state, the county
and Village of Lemont or, if a partnership, the length of time that each partner has
been a resident of the state, county, and village, or if a corporation, the length of
time which its proposed resident manager has been a resident of the state, the
county and the village.
(g) The length of time that the applicant has been in a business of the character
or, in the case of a corporation, the date on which its charter was issued, the state
of incorporation, and if a foreign corporation, the date of being qualified to do
business under the Illinois Business Corporation Act.
(h) The address of the proposed premises, a detailed description of the proposed
premises, an exterior photograph of the premises, and an interior layout plan of the
proposed premises.
(i) A list of governmental entities to which the applicant has submitted an
application for a liquor license, the date of such application, the disposition of such
application, and the dates, reason and length of suspension or revocation of such
license, if any.
(j) Fingerprints taken by the Village Police Department or any other Village or state
law enforcement agency.
(k) A list of convictions for any non - traffic convictions of any Village Ordinances
or state or federal statute indicating the name of the offense and date(s) of
conviction. In the case of a corporation, such shareholders owning more than five
(5) percent of the stock and the manager. In the case of a partnership, such
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information must be supplied by all partners.
5.04.060 Restrictions on issuance.
The following people are ineligible to hold a liquor license and the Commissioner
shall deny a liquor license to the following persons without hearing or Trustee action
thereon:
(a) A person who is not a resident of any city, village or county in which the
premises covered by the license are located;
(b) A person who is not of good character and reputation in the community in
which he resides;
(c) A person who is not a citizen of the United States:
(d) A person who has been convicted of a felony under any Federal or State law,
if the Commission determines, after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust;
(e) A person who has been convicted of being the keeper or is keeping a house of
ill fame;
(f) A person who has been convicted of pandering or another crime or misdemeanor
opposed to decency and morality;
(g) A person whose license issued under this Act has been revoked for cause;
(h) A person who at the time of application for renewal of any license issued
hereunder would not be eligible for such license upon a first application;
(i) A copartnership, if any general partnership thereof, or any limited partnership
thereof, owning more than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license hereunder for any reason
other than residence within the political subdivision, unless residency is required by
local ordinance;
(j) A corporation, if any office, manager or director thereof, or any stockholder or
stockholders owning in the aggregate more than 5% of the stock of such corporation,
would not be eligible to receive a license hereunder for any reason other than
citizenship and residence within the political subdivision;
(k) A corporation unless in is incorporated in Illinois, or unless it is a foreign
corporation which is qualified under the "Business Corporation Act of 1983" to
transact business in Illinois;
(1) A person whose place of business is operated by a manager or agent unless the
manager or agent possesses the same qualifications required by the licensee;
(m) A person who has been convicted of a violation of any Federal or State law
concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in court to answer charges
for any such violation;
(n) A person who does not beneficially own the premises for which a license is
sought, or does not have a lease thereon for the full period for which the liens is to
be issued;
(o) Any law enforcing public official, including members of local liquor control
commission, any mayor, alderman, or member of the city council or commission, any
President of the Village Board of Trustees, any member of a Village Board of
Trustees, or any President or member of a county board; and no such official shall
be interested directly in the manufacture, sale or distribution of alcoholic liquor,
except that license may be granted to such official in relation to premises which are
not located within the territory subject to the jurisdiction of that official if the
issuance of such license is approved by the State Liquor Control Commission;
(p) A person who is not a beneficial owner of the business to be operated by the
licensee;
(q) A person who has been convicted of a gambling offense as prescribed by any of
subsections (a)(3) through (a)(10) of Section 28 -1 of, or as proscribed by Section 28-
3 of, the "Criminal Code of 1961 ", approved July 28, 1961, as heretofore or hereafter
amended, or as proscribed by a statute replaced by any of the aforesaid statutory
provisions;
(r) A person to whom a federal wagering stamp has been issued by the federal
government for the current tax period;
(s) A copartnership to which a federal wagering stamp has been issued by the
federal government for the current tax period, or if any of the partners have been
issued federal wagering stamp by the federal government for the current tax period;
(t) A corporation, if any officer, manager or director thereof, or any stockholder
owning in the aggregate more than 20% of the stock of such corporation has been
issued a federal wagering stamp for the current tax period;
(u) Any premises for which a federal wagering stamp has been issued by the federal
government for the current tax period;
(v) Any premises within 100 feet of any church, school (except institutions of higher
education), hospital, home for the aged or for indigent persons or for veterans and
their families or any military or naval station (this prohibition shall not apply to
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places where the sale of alcoholic liquor is not the principal business, unless
required by local ordinances, nor shall it prohibit the issuance of a licence to a
church or private school allowing retail sale of alcoholic liquor if any such sales are
limited to periods when groups are assembled on the premises solely for the
promotion of some common object other than the sale or consumption of alcoholic
liquors. this prohibition does not apply to the renewal of a license when a school
or church is established subsequent to the original issuance. In the case of a
church, the distance is measured to the nearest part of the building used for warship
or education rather than the property lines. Otherwise the distance is measured
from property lines rather than buildings); and,
(w) Any place where the majority of customers are minors of school age or where
the principal business transacted consists of school books, school supplies, food,
lunches or drinks for such minors.
5.04.070 Hearing on License Application.
(a) Hearing and Notice. Upon the filing of an application for a liquor license, the
Commissioner shall within thirty (30) days of the date the completed application has been
submitted, a fix a time and place for a hearing thereon. Notice of such hearing shall be
given in a newspaper published in the Village not less than seven (7) days prior to the
hearing. The notice shall contain the time, place and date of hearing; the name or names
of the applicant; the proposed location of the premises.
(b) Report to Trustees. After conducting a hearing on a application for a license,
at which all interested persons have had an opportunity to be heard, the Commissioner
shall report its findings to the Village Trustees along with a recommendation based on the
criteria listed in subsection (c) hereof.
(c) Criteria. The Commissioner shall not issue a new liquor license unless the
issuance of such license is in the best interest of the Village. In deciding whether the
issuance is in the best interest of the Village, the Commissioner shall consider at least
the following criteria:
(1) The class of liquor license applied for;
(2) The past performances of the applicant; or if a partnership, that of each of the
partners; or if a corporation, that of the officers, directors, and majority stockholder,
and manager, as a licensee;
(3) The character and reputation of the applicant; or if a partnership, that of each
of the partners; or if a corporation, that of the officers, directors, majority
stockholder and manager.
(4) The general design and layout of the proposed premises with particular
attention given to the licensee's ability to control access by minors.
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(5) The amount of the applicant's anticipated gross revenues from the sale of
alcoholic liquor as compared with gross revenue from other sources within the
proposed licensed premises;
(6) The nature of entertainment, if any, which the applicant intends to provide;
(7) The compliance of the premises with all ordinances of the Village and
specifically health, building, property, maintenance, housing, and fire safety
ordinances.
(8) Any monies owed to the Village, county or state by the applicant which have
remained unpaid for a period or more than forty -five (45) days, whether for bills,
taxes, licenses or otherwise;
(9) The number, class and type of licenses premises within a one -mile radius of the
proposed licenses premises, and within the Village as a whole;
(10) The zoning, general character of the surrounding neighborhood and the
projected impact of the premises upon the surrounding neighborhood and the
Village as a whole;
(11) The law enforcement problems, if any, which would be created by the opening
of the premises;
(12) The recommendation of the Commissioner.
(d) Post Hearing Action. After determination by the Trustees, the Commissioner
shall so notify the applicant in writing within ten (10) days of said Trustees action along
with the reasons thereof.
5.04.071 Prerequisites for Issuance.
(a) At the time set forth herein for the renewal of a retail liquor license, and in case
of a successful new applicant, within (10) days of notification of Trustee action on the
license application, the current licensee or the applicant shall present the following to the
Commissioner:
(1) Evidence of dram shop insurance, in the form of a certificate of insurance
issued by an insurance company licensed to do business in the State of Illinois,
insuring the applicant, and the owner or lessor of the premises, in at least the
minimum amounts recoverable under the current Dram Shop Act. (Chapter 43,
Illinois Revised Statutes, Paragraph 135 or its amendments).
(2) Payments to the Commissioner by means of a certified or cashier's check of the
license fee for the class of license desired.
(b) After the applicant has fulfilled the requirements of subsection (a) within the
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proscribed time period, the Commissioner shall issued the license.
(c) If the requirements of subsection (a) are not fulfilled within the time periods
set forth therein, the applicant shall reapply.
5.04.080 License -- Fees -- Classes of Operators.
A. Every person, firm or corporation engaged in the retail sale of alcoholic liquor
in the Village shall pay an annual license fee. Such licenses shall be divided into the
following classes:
1. Class A -1.
a. Class A -1 licenses shall authorize the retail sale of alcoholic liquor for
consumption on or off the premises, but shall not permit live entertainment upon
the premises.
b. The annual fee for a Class A -1 license shall be Eight Hundred Dollars, payable
in two installments of Four Hundred Dollars each, the first installment of which
shall be deposited with the application for a license, and the second installment of
which shall be due and payable on the first day of May or the first day of November,
whichever occurs first.
2. Class A -2.
a. Class A -2 licenses shall authorize the retail sale of alcoholic liquor for
consumption on or off the specified premises, and shall permit live entertainment
on the premises.
b. The annual fee for a Class A -2 license shall be One Thousand Dollars, payable
in two installments of Five Hundred Dollars each, the first installment of which
shall be deposited with the application for a license, and the second installment to
be due and payable on the first day of May or the first day of November, whichever
occurs first.
3. Class A -3.
a. Class A -3 licenses shall authorize the retail sale of alcoholic liquor for
consumption on or off the specified premises and permit live entertainment on the
premises, if the premises conforms to the requirements of a restaurant, as defined
in Section 5.04.020 of this chapter.
b. The annual fee for a Class A -3 license shall be One Thousand Dollars, payable
in two installments of Five Hundred Dollars each, the first installment of which
shall be deposited with the application for a license, and the second installment to
be due and payable on the first day of May or the first day of November, whichever
occurs first.
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4. Class A-4.
a. Class A -4 licenses shall authorized the retail sale of beer and wine only, for
consumption on or off the premises, if the premises are established which primarily
serve meals prepared in the kitchen of the establishment, having seating capacity
for the service of meals at tables and /or counters for not less than fifty patrons at
the same time.
b. The annual fee for a Class A -4 license shall be Five Hundred Dollars, payable
in two installments of Two Hundred Fifty Dollars each, the first installment of which
shall be deposited with the application for a license, and the second installment of
which shall be due and payable on the first day of May or the first day of November,
whichever occurs first.
c. There shall be issued int he Class A -4 category not more than five licenses at any
one time.
5. Class A -5.
a. Class A -5 licenses shall authorize the sale of intoxicating liquor for consumption
on the premises, if the premises are not open to the general public and primarily
serve meals prepared in the kitchen of the establishments, having seating capacity
for the services of meals at tables and /or counters for not less than fifty patrons at
the same time.
b. The annual fee for a Class A -5 license shall be Five Hundred Dollars, payable
in two installments of Two Hundred Fifty Dollars each, the first installment of which
shall be deposited with the application for a license and the second installment of
which shall be due and payable on the first day of May or the first day of November,
whichever occurs first.
c. There shall be issued in the Class A -5 category not more than three licenses at
any one time.
6. Class B -1.
a. Class B -1 licenses shall authorize the sale at retail of alcoholic liquor by a bona
fide social or fraternal organization or club organized under the laws of the state
of Illinois, and not for pecuniary profit, solely for the promotion of some 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.
b. The annual fee for a Class B -1 license shall be Four Hundred Dollars, payable
in two installments for Two Hundred Dollars each, the first installment of which
shall be deposited with the application for a license, and the second installment to
be due and payable on the first day of May or the first day of November, whichever
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occurs first.
7. Class 13-2.
a. Class B -2 licenses shall authorize the sale at retail of alcoholic liquor by bona
fide social, fraternal or charitable organizations only, and only on special occasions
and only for consumption on the premises described in the licence.
b. The fee for a Class B -2 license shall be Twenty -Five Dollars per day.
8. Class C -1.
a. Class C -1 licenses shall permit the sale of alcoholic liquor for consumption off
the premises only.
b. The annual fee for a Class C -1 license shall be Six Hundred Dollars, payable in
two installments of Three Hundred Dollars each, the first installment of which shall
be deposited with the application for a licence, and the second installment to be due
and payable on the first day of May or the first day of November, whichever occurs
first.
9. Class C -2.
a. Class C -2 licenses shall authorize the retail sale of wine only, and for
consumption off the premises only.
b. The annual fee for a Class C -2 license shall be Six Hundred Dollars, payable in
two installments of Three Hundred Dollars each, the first installment of which shall
be deposited with the application for a license, and the second installment to be due
and payable on the first day of May or the first day of November, whichever occurs
first.
c. There shall be issued in the Class C -2 category not more than one license at any
one time.
Number of Licenses. There shall be issued in the Class A -1 and Class A -2
categories, together, not more than nine at any one time; the number of Class A -3 licenses
to be issued at any one time shall not exceed five, and the number of C -1 licenses to be
issued at any one time shall not exceed four. (Ord. 550B, 1987; Ord. 521, 1985; Ord 484,
1983; Ord. 373, 1977; . Ord. 348, 1975; Ord. 333 (part), 1974: prior code Section 20.008)
5.04.090 License -- Term -- Prorating of Fees.
Each such license shall terminate on the thirtieth day of April next following its
issuance. The fee to be paid shall be reduced in proportion to the full calendar months
which have expired in the year prior to the issuance of the license. (Ord. 333 (part), 1974:
prior code Section 20.006)
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5.04.100 License -- Fees -- Payment and Disposition.
All such fees shall be paid to the Village Clerk at the time application is made, and
shall be forthwith turned over to the Treasurer. In the event the license applied for is
denied, the fee shall be returned to the applicant; if the license is granted, then the fee
shall be deposited in the general corporate fund, or in such other fund, as shall have been
designated by the Village President and Board of Trustees for proper action. (Ord. 333
(part), 1974: prior code Section 20.010)
5.04.110 License -- Duration.
A. All licenses? with the exception of Class B -2 licenses, shall be effective from May
1st of any given year to April 30th of the following year. The fee for renewal shall be the
full annual fee. There shall be no rebate for the unexpired term of a license. An
application for renewal shall not be granted as such unless made prior to April 30th, and
unless submitted with the appropriate fee. No license shall be valid unless the proper fee
has been paid. Applications for annual licenses occurring between November 1st of any
given year to April 30th of the next year will be entitled to a reduced fee on one -half of the
fee for the license.
13. Class I3 -2 licenses shall be effective for the duration placed on the face of the
license. (Ord. 333 (part), 1974: prior code Section 20.021)
5.04.120 Record of Issued Licenses.
The Local Liquor Control Commissioner shall keep or cause to be kept a complete
record of all such licenses issued by him. (Ord. 333 (part), 1974: prior code Section 20.014)
5.04.130 Annexed Areas and businesses.
If any area contained a license establishment for the retail sale to alcoholic liquor
shall be annexed to the Village, such business may continue in operation, and the limit on
the number of licenses shall be automatically increased so as to permit this. (Ord. 333
(part), 1974: prior code Section 20.009)
5.04.140 Change of Location -- Permit Required.
A liquor dealer's license shall permit the sale of alcoholic liquor only in the
premises described in the application and license. Such location may be changed only
upon the written permit to make such change issued by the location Liquor Commissioner.
No change of location shall be permitted unless the proposed new location is a proper one
for the retail sale of alcoholic liquor under the statutes of the state and the ordinances of
the Village. (Ord. 333 (part), 1974: prior code Section 20.016)
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5.04.150 License -- Transfer Limitations.
A. A license shall be a purely personal privilege, good for not to exceed one year
after issuance, unless sooner revoked, as in this chapter provided, and shall not constitute
property, nor shall it be subject to being encumbered or hypothecated.
B. Such license shall not descend by the laws of testate or intestate devolution; it
shall cease upon the death of the licensee, provided that executors or administrators of the
estate of any deceased licensee, when such estate consists in part of alcoholic liquor, may
continue the business of the sale or manufacture of alcoholic liquor under order of the
appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt
licensee after the death of such descendent, or such insolvency or bankruptcy, until the
expiration of such license, but not longer than six months after the death, bankruptcy or
insolvency of such licensee.
C. A refund shall be made of that portion of the license fees paid for any period
in which the licensee shall be prevented from operation under such license in accordance
with the provisions of this section.
D. Provided, further, that such license may be transferred by the Local Liquor
Control Commissioner to any person qualified by the statutes of the state and the Village
Ordinances to hold such license. (Ord. 333 (part), 1974: prior code Section 20.015)
5.04.160 License -- Renewal.
Any licensee may renew his license at the time of expiration thereof, provided that
he is then qualified to receive a license, and the premises for which such renewal license
is sought are suitable for the purposes; provided, further, that the renewal privilege herein
provided for shall not be construed as a vested right which shall in any case prevent the
Village Board from decreasing the number of licenses to be issued within its jurisdiction.
(Ord. 333 (part), 1974: prior code Section 20.011)
5.04.170 License -- Suspension or Revocation When.
The Local Liquor Control Commissioner may suspend for not more than thirty days
(Illinois Revised Statutes, Chapter 43, Paragraph 112) or revoke for cause any liquor
dealer's license for any violation of any provisions pertaining to the sale of alcoholic liquor,
as provided and in the manner provided in Illinois Revised Statutes, Chapter 43,
Paragraph 49. (Ord. 333 (part), 1974: prior code Section 20.028)
5.04.180 Location Restrictions.
No license shall be issued for the sale to retail of any alcoholic liquor within one
hundred feet of any church, school, hospital, home for the aged or indigent persons, or for
veterans, their wives or children, or any military or naval station; provided, that this
prohibition shall not apply to clubs or restaurants, food shops or other places where sale
of alcoholic liquor is not the principal business carried on, if such place of business not
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exempted shall have been established for such purpose prior to the taking effect of the
ordinance codified in this chapter, nor to the renewal of a license for the sale of alcoholic
liquor on the premises within such one hundred feet of any church where such church has
been established within such one hundred feet since the issuance of the original license.
(Ord. 333 (part), 1974: prior code Section 20.020)
5.04.190 Hours of Operation Designated.
A. Closing hours shall be set out in the following Table 5.04.190.
B. Notwithstanding the closing hours set out in Table 5.04.190, closing hours shall
be extended by one hour the day before a holiday, which days are exclusively defined as
Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. (Ord. 333 (part),
1974: prior code Section 20.012 (part))
C. No licensee shall permit another except a peace officer who is in the performance
of his duties or an employee of the licensee who is actually on duty, to enter or remain
upon the licensed premises between the hour of closing and the hour of opening as
established by Section 5.04.190.
Table 5.04.190
Closing Hours for Premises Selling Alcoholic Beverages
Weekdays
Class A -1 6:00 a.m. to 2:00 a.m.
Friday and Saturday Sunday New Year's Eve
Fri. 6:00 a.m. to 2:00 a.m. 10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m.
Sat. 6:00 a.m. to 3:00 a.m.
Class A -2 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m.
Class A -3 6:00 a.m. to 2:00 a.m. 6:00 a.m. to 3:00 a.m.
Class B -1 6:00 a.m. to 1:00 a.m. 6:00 a.m. to 3:00 a.m.
Class B -2 Set forth on the face of the license.
Class C -1 9:00 a.m. to
12:00 midnight
9:00 a.m. to
12:00 midnight
10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m.
10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m.
10:00 a.m. to 2:00 a.m. 6:00 a.m. to 4:00 a.m.
9:00 a.m. to
12:00 midnight
9:00 a.m. to
12:00 midnight
5.04.200 Hours of operation — Extension permit.
Provided, further, that after giving notice to the Local Liquor Control Commissioner
fifteen days prior to the specified night, holders of all licenses, except Class C -1 licenses,
may secure a special permit, for an additional fee of Fifty Dollars, to stay open until four
a.m. on that night; but no more than two such special permits shall be issued to any one
licensee during any one year. (Ord. 333 (part), 1974: prior code Section 20.012 (part))
15
5.04.210 Premises -- Sanitary Conditions.
All premises used for the sale of alcoholic liquor, or for the storage of such liquor
for sale, shall be kept in full compliance with the ordinances regulating the condition of
premises used for the storage or sale of food for human consumption. (Ord. 333 (part),
1974: prior code Section 20.018)
5.04.220 Employees and Contagions Diseases.
It is unlawful for any person, firm or corporation to employ in any premises used
for the sale of alcoholic liquor any person who is afflicted with, or who is a carrier of any
contagious, infectious or venereal diseases; and it is unlawful for any person afflicted with
or who is a carrier of any such premises, or to engage in any way in the handling,
preparation of or distribution of such liquor. (Ord. 333 (part), 1974: prior code Section
20.019)
5.04.230 Premises -- Access to Dwelling Quarters.
Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail
upon any premises which has any access which leads from such premises to any other
portion of the sane building or structure used for dwelling or lodging purposes and which
is permitted to be used or kept accessible for any use by the public. This provision shall
not prevent any connection between such premises and such other portion of the building
or structure which is used only by the licensee, his family, and personal guests. (Ord. 333
(part), 1974: prior code Section 20.002)
5.04.240 Premises -- Open View From Street — Lighting
A. In premises in which the sale of alcoholic liquor for consumption on the
premises is licensed, other than in a restaurant, hotel, club or bowling alley other than one
situated on the first or ground floor, no screen, blind, curtain, partition, article or other
thing shall be permitted in the windows or upon the doors which would prevent of a clear
view into the interior of such licensed premises from the street, road or sidewalk at all
times, and no booth, screen, partition or other obstruction shall be permitted in or about
the interior of such premises which shall prevent a full view of the entire interior of such
premises, and the entire space used by the public must be so located that there shall be
a full view of the same from the street, road or sidewalk.
B. All rooms where alcoholic liquor is sold for consumption on the premises shall
be continually lighted during business hours by natural or artificial white lights so that all
parts of the interior of the premises shall be clearly visible.
C. In case that view into such licensed premises required by this section shall be
wilfully obscured by the licensee or by him wilfully suffered to be obscured or obstructed,
such license may be revoked in the manner provided.
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D. In order to enforce the provisions of this section, the Local Liquor Control
Commission shall have the right to require the filing with him of plans, drawings and
photographs showing the clearance of the view as above required. (Ord 333 (part), 1974:
prior code Section 20.024)
5.04.250 Peddling Alcoholic Liquor Prohibited.
It is unlawful to peddle alcoholic liquor in the Village. (Ord. 333 (part), 1974: prior
code Section 20.017)
5.04.260 Premises Near Schools — License Restrictions.
No license shall be issued to any person for the sale of any alcoholic liquor at retail
at any store or other place of business where the majority of customers are minors of
school age, or where the principal business transactions consists of school books, school
supplies, food, lunches or drinks for such minors. (Ord. 333 (part), 1974: prior code
Section 20.023)
5.04.270 Legal Age -- Alcoholic Beverage Restrictions.
A. It is unlawful for any person under legal age, established by Chapter 43, Section
131 of the Illinois Revised Statutes, to purchase or obtain any alcoholic liquor in any
tavern or other place in the Village where alcoholic liquor is sold.
B. It is unlawful for any persons under the legal age, established by Chapter 43,
Section 131 of the Illinois Revised Statutes, to misrepresent his or her age for the purpose
of purchasing or obtaining alcoholic liquor in any tavern or other place in the Village
where alcoholic liquor is sold.
C. In every tavern or other place in the Village where alcoholic liquor is sold, there
shall be displayed at all times in a prominent place a printed card which shall be supplied
by the Village Clerk, and which shall be supplied by the Village Clerk, and which shall real
substantially as follows:
WARNING TO PERSONS UNDER LEGAL AGE
You are subject to a fine up to $500.00 under the ordinances of the Village
of Lemont if you purchase alcoholic liquor or misrepresent your age for the
purpose of purchasing or obtaining alcoholic liquor.
D. It is unlawful for any holder of a retail liquor dealer's license or his agent or
employee to permit any person under legal age, established by Chapter 43, Section 131 of
the Illinois Revised Statutes, to remain in any room or compartment adjoining or adjacent
or situated in the room or place where such licensed premises are located; provided, that
this subsection shall not apply to any person under legal age, established by Chapter 131
of the Illinois Revised Statutes, who is accompanied by his or her parent or guardian, or
to any licensed premises which derives its principal business from the sale of other
17
commodities or services than alcoholic liquor.
E. In addition to all other fines and penalties, the Local Liquor Control
Commissioner may revoke or suspend the retail liquor dealer's license for any violation of
this section.
F. It is unlawful for any parent or guardian to permit any person under legal age,
established by Chapter 43, Section 131 of the Illinois Revised Statues, of which he or she
may be the parent of guardian to violate any of the provisions of this section.
G. It is unlawful to sell, give or deliver alcoholic liquor to any person under legal
age, established by Chapter 43, Section 131 of the Illinois Revised Statutes, except in the
performance of a religious ceremony or service.
H. It is unlawful for any person under legal age, established by Chapter 43, Section
131 of the Illinois Revised Statutes, to attend any bar, to draw, pour or mix any alcoholic
liquor in any licensed retail premises. (Ord. 333 (part), 1974: prior code Section 20.025)
I. No license shall employ upon the premises any person under the age of twenty -
one (21) years to sell or deliver alcoholic liquor to any person except as follows:
(1) Any person employed in the position of a stock person, carry -out person or
osition of similar character.
Liquor Commissioner may, by the issuance of a special permit, authorize
son under the age of twenty -one (21) and above the age of eighteen (18) to
e employed as a waiter or waitress, primarily for the service of food in any licensed
premises which is a restaurant as defined in Section 5.04.020 of this chapter or as
a Clerk where the license is issued for a Class C license. The Liquor Commissioner
may promulgate rules and regulations relating to the administration of this
subsection. The term rules and regulations includes, but is not limited to a case by
case determination whether or not a permit shall be issued.
5.04.280 Sale, Delivery and Identification Restrictions.
A. It is unlawful for any person to whom the sale, gift or delivery of alcoholic liquor
is prohibited because of age, to purchase or accept a gift of alcoholic liquor, or to have
alcoholic liquor in his possession.
B. If a licensee (or his agents or employees) believes or has reason to believe that
a sale or delivery of alcoholic liquor is prohibited because of non -age of the prospective
recipient, he shall, before making such sale or delivery, demand presentation of some form
of identification concerning proof of age, issued by a public officer in the performance of
his official duties.
C. No person shall:
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1. Transfer, alter or deface such an identification card;
2. Use the identification card of another;
3. Carry or use a false or forged identification card; or
4. Obtain an identification card by means of false information.
D. No person shall purchase, accept delivery or have possession of alcoholic liquor
in violation of this section. (Ord. 333 (part), 1974: prior code Section 20.026)
5.04.290
A. Enforcement -- Right of Entry Authority.
A Local Liquor Control Commissioner is given the power to enter or to authorize
any law enforcing officer to enter at any time upon any premises licensed upon this chapter
to determine whether any of the provisions of the Dram Shop Act, Illinois Revised Statutes,
Chapter 43, or any rules or regulations adopted by him or by the State Liquor Commission
have been or are being violated, and at such time to examine the premises of the licensee
in connection therewith. (Ord. 333 (part), 1974: prior code Section 20.013)
B. Arrest Authority.
The Liquor Control Commissioner and deputy Liquor Control Commissioners shall
be peace officers for the purposes of enforcing the provisions of this chapter.
C. Powers and Duties of Liquor Control Commissioner.
The Local Liquor Control Commissioner shall have the following powers and duties:
(a) Granting of Licenses. To grant, to suspend, and to revoke for cause all licenses
issued under this chapter for premises within his jurisdiction.
(b) Right of Entry. To enter into and to authorize any law enforcement officer to
enter at any time upon any premises licensed hereunder to determine whether any of the
provisions of the Illinois Liquor Control Act, or of this Code, or any rules and regulations
adopted by him or by the Illinois State Liquor Control Commission have been or are being
violated.
(c) Exercise Powers, Granted. To exercise all the powers, functions, and duties
which now or hereafter may be granted to him by the Illinois Liquor Control Act,
regulations of the Illinois State Liquor Control Commission or by this chapter.
(d) Suspension and Revocation of License, Fining License Holders. After a hearing,
to suspend and revoke any licenses issued under this chapter and to fine any license holder
in accordance with Illinois Revised Statute Chapter 43, Section 149, an amount not to
19
exceed One Thousand Dollars ($1,000.00) for each violation and each day which a violation
continues shall constitute a separate violation for any of the following reasons:
(1) The licensee has violated any of the laws of the State of Illinois, the United
States or the Village of Lemont.
(2) The licensee has made any false statement as to a material fact in the
application for such license.
(3) The licensee has allowed or permitted any violation of state or federal law or
the Lemont Village Code by any person upon the licensed premises.
(4) The licensee has failed to use and maintain the licensed premises in compliance
with all codes and regulations pertaining to health and safety applicable within the
Village, including but not limited to building, plumbing, electrical and fire codes,
property maintenance zoning ordinances, Cook County health ordinances, and all
regulations and orders of the Cook County Health Department.
(5) The licensee has refused to testify under oath to all relevant and material
questions propounded to him at any hearing conducted by the Local Liquor Control
Commission.
(6) Suspension or revocation of the license of the licensee by the state commission.
(7) Payment by the licensee of the special federal tax imposed under Section 4411
(Wagering) or Section 4461 (Coin Operated Gaming Devices) of the Internal
Revenue Code of 1954, as amended.
(8) Maintaining or operating a dram shop on any premises registered as a place
of business where activities are carried on which make the person or persons
carrying on such activities subject to the special federal tax on wagering.
(9) Having on the premises where the licensee carries on his business any coin -
operated gaming device subject to the special federal tax imposed under Section
4461 of said Internal Revenue Code, whether or not said tax is paid.
(10) Permitting any gambling device or equipment used for the purpose of
gambling to be located on the licensed premises.
(11) The licensee has failed to pay any fee as required by this chapter or is
delinquent for a period of more than forty -five (45) days in any license fees, taxes
or bills currently due and owing the Village of Lemont.
(e) Examination of Applicants. To examine or cause to be examined under oath
any applicant for a local license or for a renewal thereof or any licensee upon whom notice
of hearing has been served, to hear testimony and take proof for his information in the
performance of an investigation.
20
(1) Investigation of Complaints. To receive the complaint of any resident of the
Village and to investigate such complaint or to investigate upon his own initiative any
alleged violation of any law of the United States relating to the sale of alcoholic liquor or
any of the provisions of the Illinois Liquor Control Act or of this code or any applicable
rules and regulations adopted by him or by the state commission.
(g) Rules and Regulations. To make, promulgate, alter, amend, repeal, and enforce
such reasonable rules and regulations relating to the administration and enforcement of
the provisions of this chapter as may be deemed by him to be in the best interest of the
Village of Lemont.
D. Nuisance Declared.
Any premises, licensed or unlicensed, used to conduct the sale of alcohol in violation
of this chapter, is hereby declared a public nuisance per se.
E. Accountability of Licensee for Offense.
The licensee may be prosecuted for any offense defined by this chapter if:
(a) An agent of the licensee performs conduct which itself constitutes an element
of the offense while acting within the scope of his employment and in behalf of the licensee;
or
(b) The commission of the offense is authorized, requested or commanded by the
licensee.
5.04.300 Violation — Penalty.
Any person, firm or corporation violating any provision of this chapter shall be
fined not less that Twenty Dollars and not more than One Thousand Dollars ($1,000.00)
for each offense, and a separate offense shall be deemed committed on each day during or
on which such a violation occurs or continues. (Chapter 43, Section 149 of Illinois Revised
Statutes).
This Ordinance shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
All Ordinances or parts of Ordinances in conflict herewith shall be and the same
are hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
21
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this day
of 4t.
RICHARD A. KWASNESKI
KENNETH S. BROMBEREK
BARBARA BUSCHMAN
WILLIAM MARGALUS
RALPH SCHOBERT
BERT ERCOLI
, 1991.
AYES NAYS PASSED ABSENT
SMOLLEN, CHARL , Village Clerk
E
Approved by me this /, day of „2.1*". , 1991.
ttte »
0.P.o l
ARLENE S 0 EN, Village Clerk
B: \VILLAGE \ALCOHIL.BEV
22
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