The Village of Kirkland offers a variety of liquor license options, including, but not limited to, Bar, Restaurant, Package Liquor Store, and Sunday Liquor Sales.
The submission of a liquor license application does not guarantee the issuance of a liquor license.
Liquor License Application
Temporary Hours Liquor License Application
How to Obtain a Local & State Liquor License
License Class and Annual Fee
Class R – Regular Bar License ON PREMISES (Beer, Wine, Hard Liquor) $900/year
Class S – Sunday Liquor Sales (Extension of Regular Hours) $500/year
Class P – Package Beer & Wine Sales TAKE OUT $500/year
Class H – Package Hard Liquor TAKE OUT $700/year
Class T – Restaurant Full Liquor (Beer, Wine, Hard Liquor) $900/year
Class B – Restaurant Beer & Wine ONLY $500/year
Liquor license applicants are encouraged to review Chapters § 112.01 – § 112.99 of Village of Kirkland Municipal Code below prior to submitting a liquor license application.
Liquor Ordinances
§ 112.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 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 a human being.
BARTENDER. Any person who dispenses, sells or serves alcoholic liquor to the general public.
BEER. A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
LIQUOR STORE. A retail establishment which sells alcohol, alcoholic liquor, spirits, beer or wine as one of its principal purposes of business.
MINOR. Any person under the age of 21 years.
RESTAURANT. Any public place, kept, used, maintained, advertised and where meals are actually and regularly served in accordance with a general menu, without sleeping accommodations, the space being provided with an adequate and sanitary kitchen and dining room equipment and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons.
SELL or SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and those liquors when rectified, blended or otherwise mixed with alcohol or other substances.
WINE. Any alcoholic beverage obtained by the fermentation of natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as herein defined.
(1983 Code, § 3-2A-1) (Ord. 99-8, passed 5-3-1999; Ord. 99-17, passed 10-4-1999; Ord. 05-04, passed 4-4-2005)
It shall be unlawful for any person to engage in the business or occupation of the retail sale of alcoholic liquor without first having obtained a license therefor, in accordance with the terms and provisions of this subchapter. No person shall be deemed fully licensed until a license has been actually issued and delivered to the applicant therefor and no person or association conducting business in the village to whom or to which a license provided for herein has not been issued shall sell, offer to sell or permit to be consumed, any alcoholic liquor on the premises where the business is conducted. A separate license shall be required for each location, place or premises where the business or occupation is proposed to be carried on, whether or not under the same roof or at the same street address.
(1983 Code, § 3-2A-2) Penalty, see § 112.99
§ 112.03 APPLICATIONS REQUIRED; CONTENTS.
Applications for such licenses shall be made to the Village President in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall further contain the following information and statements:
(A) The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit, or a club, the date of incorporation, the objects for which it was organized, the name and addresses of the officers and directors, and if a majority in interest of the stock of the corporation is owned by one person or his or her nominees, the name and address of the person;
(B) The citizenship of the applicant, his or her place of birth and, if a naturalized citizen, the time and place of his or her naturalization;
(C) The character of business of the applicant; and in case of a corporation, the objects for which it was formed;
(D) The length of time that the applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
(E) The location and description of the premises or place of business, together with all entrances thereto, which is to be operated under the license;
(F) A statement whether the applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of the application;
(G) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter, laws of this state or the ordinances of this village;
(H) Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked and the reasons therefor; and
(I) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the village in the conduct of his or her place of business.
(1983 Code, § 3-2A-3)
(J) A non-refundable application fee of $150 shall be tendered to the village upon a submission of a liquor license application. In addition, the applicant shall pay all other fees for background checks and the like at the time of application. The application fee shall be in the form of a certified check or money order only.
(Ord. 08-04, passed 4-7-2008)
§ 112.04 PERSONS NOT TO BE LICENSED.
No such license shall be issued to:
(A) A person who is not of good character and reputation in the community in which he or she resides;
(B) A person who is not a citizen of the United States;
(C) A person who has been convicted of a felony under the laws of the state, or of any other state or of the United States;
(D) A person who has been convicted of being the keeper or is keeping a house of ill fame;
(E) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(F) A person whose license issued under this subchapter has been revoked for cause;
(G) A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for the license upon first application;
(H) A copartnership, unless all of the members of the copartnership shall be qualified to obtain a license;
(I) A corporation, if any officer, manager or director thereof or any stockholder or stockholders owning in the aggregate more than 5% of the stock of the corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the village;
(J) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;
(K) 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 subchapter, or shall have forfeited his or her bond to appear in court to answer the charges for any such violation;
(L) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(M) Any law enforcing public official, any president or trustee; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor; or
(N) Any person, association or corporation not eligible for a state retail liquor dealer’s license.
(1983 Code, § 3-2A-4)
§ 112.05 LICENSE ISSUANCE; NUMBER, FEES, TERM.
(A) Issuance. Licenses for the retail sale of alcoholic liquor hereunder shall be issued by the Village President, and he or she may renew the license of all present licensees at the expiration of their license period; provided the license has not lapsed, been revoked or canceled; and provided, further, that each applicant for a license or for the renewal thereof and the premises where the business is to be carried on comply fully with all the conditions and provisions of this subchapter.
(B) Limit. The Village President shall not issue more than three bar licenses hereunder. The Village President is authorized to issue no more than three licenses for the retail package sale of beer and wine only for off-premises consumption. Effective April 5, 2016, the Village President is authorized to issue not more than two licenses authorizing the sale of beer and wine only at restaurants for on-premises consumption; provided that for each license that is not issued on April 30, 2016, the maximum number of licenses in this classification shall be automatically and immediately reduced by one. The Village President is authorized to issue not more than one license authorizing the sale of alcoholic liquor for retail sale but only for consumption off the premises where sold. The Village President is authorized to issue not more than one license permitting the sale of alcoholic liquor at restaurants for on-premises consumption.
(C) Fees.
(1) Applicants for a bar, liquor store, package liquor or restaurant license hereunder shall, at the time application for the license is made, pay to the Village Clerk the annual fee as follows:
(a) For a bar license or for a restaurant which sells alcoholic liquor, the total sum of $900 or the sum of $450 with a written promise to pay the additional sum of $450 six months thereafter;
(b) For a package liquor and restaurant license, the total sum of $500; and
(c) For a liquor store license, the total sum of $700.
(2) The application fee shall be turned over to the Village Treasurer and shall be deposited by him or her in the General Corporate Fund or in any other fund as the Board of Trustees may designate. In the event the applicant for a bar license elects to pay the annual fee by means of the $450 with a written promise to pay the additional sum of $450 six months thereafter, and the applicant for a bar license is granted a license, the additional sum shall become immediately due and payable if the license holder sells, transfers or assigns the business or any interest therein or ceases to do business for a period of six months.
(D) Term of license. All licenses provided for by this subchapter shall terminate and expire on April 30 next after the issuance thereof.
(E) Prorate fees. In the event that any person shall make application for a license after the first day of any month, the applicant is entitled to receive a license for the number of months intervening between the date of his or her application and April 30, providing the applicant shall pay the prorated fee covering the intervening period, but fractions of a month shall be counted as a whole month, all licenses to be dated and payable from the first of the month.
(1983 Code, § 3-2A-5) (Ord. 05-04, passed 4-4-2005; Ord. 09-12, passed 10-5-2009; Ord. 16-05, passed 4-4-2016; Ord. 16-08, passed 6-20-2016)
§ 112.06 TEMPORARY LIQUOR LICENSE.
(A) Temporary liquor license authorized. The Local Liquor Commissioner is authorized to issue a temporary liquor license to any nonprofit religious, charitable, fraternal, educational or veterans’ organization operating within the village, hereinafter termed for purposes of this subchapter, “nonprofit organization.”
(B) Application. Any nonprofit organization desiring a temporary license shall make application therefor in writing to the Liquor Commissioner through the Village Clerk and accompany their application with the required license fee. The application shall be verified and be upon a form prepared by the Village Clerk and shall contain that information as far as is applicable as is required by ordinance for liquor licenses. All applications for temporary liquor licenses shall be made ten days prior to the date of the event. The application, in addition to the above required information, shall indicate the nonprofit organization which is applying for the license.
(C) Conditions and terms.
(1) All such temporary licenses shall be valid for a period of up to a maximum of 38 hours per year for a single event as specified in the license and at the place specified in the application. Temporary licenses authorizing a second event shall be valid for a period of up to a maximum of 11 hours per year for the additional event. It shall be unlawful for any nonprofit organization to sell the liquor beverages at any time other than up to the maximum hour period authorized or at a place other than as specified in the license application approved by the Liquor Commissioner.
(2) Applicants shall provide evidence of proper dramshop insurance issued by a company with a B+ rating or better, in a class of seven or better. The insurance policy shall be nonassessable and include the following minimum limits of coverage: bodily injury per person, $100,000; bodily injury per occurrence, $300,000; injury to means of support, $100,000; and property damage, $100,000.
(3) The fee for each temporary liquor license shall be $200; it may be waived by the Board.
(4) No more than two temporary liquor licenses shall be issued to any nonprofit organization during any calendar year.
(5) All provisions of the ordinances relating to dealers in alcoholic liquor not inconsistent with the stated terms of this section shall apply to temporary liquor licenses. No license shall be issued unless all of the criteria for a license established by this section have been met. In addition thereto, no temporary license shall be issued unless adequate trash receptacles are provided and sanitation provisions are made. The applicant is responsible for control of litter and other material during and after the event and in addition, the applicant is responsible for demonstrating that adequate parking is available.
(1983 Code, § 3-2A-5.5) (Ord. 88-6, passed – -; Ord. 06-05, passed 5-15-2005) Penalty, see § 112.99
§ 112.07 TRANSFER BUSINESS; LICENSE.
(A) Forfeit of license fee. In the event that any person to whom a license has been issued by the village authorizing the retail sale of alcoholic liquor, sells the retail liquor establishment prior to the termination and expiration date of the license, the license fee shall be forfeited to the village. In the event that 51% or more of the capital stock of any corporation to which a license has been issued by the village authorizing the retail sale of alcoholic liquor, is sold or transferred prior to the termination and expiration date of the liquor license, the fee paid in advance for the license by the corporation shall be forfeited to the village. The president of the corporation to which a license has been issued by the village authorizing the retail sale of alcoholic liquor shall notify the President of the village of the sale or transfer of 51% or more of the capital stock of the corporate licensee, the notification to be given to the President within three days of the sale or transfer of the capital stock.
(B) Transferability; renewal.
(1) A license shall be purely a personal privilege good for a period not to exceed one year after issuance unless sooner revoked as in this subchapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. The license shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the licensee; provided, that executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, which estate consists in part of the alcoholic liquor, under order of the appropriate court, may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent or the insolvency or bankruptcy until the expiration of the license, but not longer than six months after the death, bankruptcy or insolvency of the licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this division. Any licensee may renew his or her license at the expiration thereof, provided he or she is then qualified to receive a license and the premises for which the renewal is sought is suitable for the purpose; and provided, further, that the renewal privilege herein provided for shall not be construed as a vested right, which shall in any case prevent the President from decreasing the number of licenses to be issued within his or her jurisdiction.
(2) On the sale of any business licensed under this subchapter, the President may, upon surrender of the original license, issue a new license to the vendee thereof for the unexpired period of the original license; provided, however, that the vendee shall first comply with all the laws of this state and the ordinances of the village relating to the retail sale of alcoholic liquor.
(1983 Code, § 3-2A-6)
(A) No alcoholic liquor shall be sold or offered for sale on or in any premises licensed under this subchapter between the hours as designated below:
| Sunday | See § 112.34 |
| 11:00 p.m. Monday and | 6:00 a.m. Tuesday. |
| 11:00 p.m. Tuesday and | 6:00 a.m. Wednesday. |
| 11:00 p.m. Wednesday and | 6:00 a.m. Thursday. |
| 11:00 p.m. Thursday and | 6:00 a.m. Friday. |
| 1:00 a.m. Saturday and | 6:00 a.m. Saturday. |
(B) No alcoholic liquor shall be consumed and no individuals, other than the licensee and the licensee’s employees working their assigned shift, shall be present on the licensee’s premises during the following hours:
| Sunday | See § 112.34 |
| 11:30 p.m. Monday and | 6:00 a.m. Tuesday. |
| 11:30 p.m. Tuesday and | 6:00 a.m. Wednesday. |
| 11:30 p.m. Wednesday and | 6:00 a.m. Thursday. |
| 11:30 p.m. Thursday and | 6:00 a.m. Friday. |
| 1:30 a.m. Saturday and | 6:00 a.m. Saturday. |
(C) It shall be lawful for alcoholic liquor to be sold or offered for sale on or in premises licensed under this subchapter on the day of any national, state, county or municipal election, including primary elections during the hours the polls are open within the political area in which the election is being held.
(1983 Code, § 3-2A-7) (Ord. 86-6, passed – -; Ord. 99-3, passed 3-1-1999) Penalty, see § 112.99
§ 112.09 LOCATION AND PREMISES RESTRICTIONS.
(A) Proximity of churches, schools, hospitals. No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church or church properties, school or school properties. In computing the distance set out in this section, measurements shall be from the respective nearest property lines.
(B) Floor where liquor is dispensed. No license for the sale of intoxicating liquor where the intoxicating liquor is to be consumed upon the premises shall be granted, unless the place of sale be upon the ground floor of the building.
(C) Visibility of interior of premises. In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed, no screen, blind, partition, article or thing shall be permitted in the windows or upon the doors of the licensed premises nor inside the premises, which shall prevent a clear view into the interior of the licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor an arrangement of lights or lighting shall be permitted in or about the interior of the premises which shall prevent a full view of the entire interior of the premises from the street, road or sidewalk, and the premises must be so located that there shall be a full view of the entire interior of the premises from the street, road or sidewalk. All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into the licensed premises by the foregoing provisions shall be wilfully obscured by the licensee or by him or her wilfully suffered to be obscured or in any way or manner obstructed, then the license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this division, the President shall have the right to require the filing with him or her of plans, drawings and photographs showing the clearance of the view as herein required.
(D) Change of location. A retail liquor dealer’s license shall permit the sale of alcoholic liquor only in the premises described in the application and license. The location may be changed only upon the written permit to make the change issued by the President. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this state and the ordinances of the village.
(E) Entrance changes require approval. No change shall be made of any premises licensed hereunder with reference to entrances after a license has been granted without the written approval and consent of the President.
(F) Restaurant restrictions. Restaurants that are licensed to only serve beer and wine in their premises shall only do so to customers who are seated and who have purchased a meal. Restaurants that are licensed to serve beer and wine may only have a service bar in their premises and no patrons may be seated at the bar. Restaurants with a license to sell alcoholic liquor may have a bar on the premises but the service at the bar shall be secondary to the service of meals at tables.
(1983 Code, § 3-2A-8) (Ord. 99-18, passed 10-4-1999; Ord. 03-06, passed 4-21-2003; Ord. 16-08, passed 6-20-2016)
§ 112.10 SANITARY REQUIREMENTS.
It shall be the duty of every licensee hereunder to keep the premises where the business is carried on clean and in proper sanitary condition. All persons employed or working in the premises shall be clean and cleanly clothed. All utensils, appliances, vessels, receptacles, refrigerators and any other places or things whatsoever which are used for the purpose of storing must be at all times kept in a clean, wholesome and sanitary condition.
(1983 Code, § 3-2A-9)
§ 112.11 RESTRICTIONS AS TO MINORS, OTHER PERSONS.
(A) Sales to minors, habitual drunkards and mentally deficient.
(1) No licensee nor any officer, associate, member, representative, agent or employee of the license shall sell, give or deliver alcoholic liquor, beer or wine to any person under the age of 21 years, or to any intoxicated person or to any person known by him or her to be an habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver the alcoholic liquor, beer or wine to another person under the age of 21 years except in the performance of a religious ceremony or service.
(2) Whoever violates this section shall, in addition to other penalties provided for in this subchapter, be subject to the provisions of § 112.99.
(B) Purchase by minors.
(1) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of the alcoholic liquor or have the alcoholic liquor in his or her possession.
(2) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of nonage of the prospective recipient, he or she shall, before making the sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(3) No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept, deliver or have possession of alcoholic liquor, beer or wine in violation of this section. The consumption of alcoholic liquor, beer or wine by any person under 21 years of age is forbidden. Whoever violates any provisions of this division (B)(3) shall be subject to the provisions of § 112.99.
(4) Any person under the age of 21 years who, for the purpose of buying, accepting or receiving alcoholic liquor, beer or wine from a licensee, represents that he or she is 21 years of age or over shall be subject to the provisions of § 112.99.
(5) The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of the minor in the privacy of a home is not prohibited by this subchapter.
(C) Certain persons forbidden from employment. It shall be unlawful knowingly to employ in any premises used for the retail sale of alcoholic liquor, any person in any capacity whatsoever, who has been convicted of a felony or any of the following misdemeanors or offenses:
(1) Carrying or possession of a pistol or other dangerous weapon;
(2) Making or possessing burglar instruments;
(3) Buying or receiving stolen property;
(4) Unlawful entry of a building;
(5) Aiding escape from prison; or
(6) Unlawfully possessing or distributing habit-forming narcotic drugs.
(D) Employing minors. Persons employed by an establishment who are at least 18 but less than 21 years of age or older shall be permitted to sell, serve, and dispense alcoholic liquors as long as a person employed by the establishment who is 21 years of age or older is on premises to supervise the person, in any establishment licensed hereunder for the sale of alcoholic liquors.
(E) Minors prohibited on premises. It shall be unlawful for any minor unaccompanied by his or her parent or guardian to enter upon or to attempt to enter upon any premises licensed hereunder, except restaurants and beer and wine package liquor only establishments licensed hereunder and further, except in the exercise of the legitimate business or trade of the minor. If any minor shall enter upon any premises in violation of this division, and there remain for 30 minutes or longer, the person licensed shall be subject to a penalty as provided herein.
(1983 Code, § 3-2A-10) (Ord. 99-9, passed 5-3-1999; Ord. 99-21, passed 11-1-1999; Ord. 2022-04, passed 5-2-2022) Penalty, see § 112.99
§ 112.12 CONDITIONS OF LICENSES.
(A) Outdoor sales and curb services sales.
(1) No outdoor sale of alcoholic liquor shall be carried on in connection with premises for which a license has been granted for the sale of alcoholic liquor.
(2) No curb service sale of alcoholic liquor may be carried on in connection with premises on which a license has been granted for the sale of alcoholic liquor unless:
(a) The premises has a window or other opening out of which or through which the sales of alcoholic liquor may be made;
(b) No alcoholic liquor may be sold for consumption on the premises for which a license has been granted for the sale of alcoholic liquor, for consumption on adjacent premises, or for consumption on any public areas, including but not limited to the street;
(c) Curb service sales shall cease at least one hour prior to the normal closing time of the premises for which a license has been granted for the sale of alcoholic liquor; and
(d) A sign of sufficient size to be easily readable shall be posted at the window or other opening which shall notify the public of the early cessation of curb service sales.
(B) Orderliness required. Every licensee hereunder shall at all times keep a good and orderly house and it shall be unlawful for any such licensee to keep a noisy, disorderly and ill-governed house in any place where the licensee is doing business under the license.
(C) Peddling prohibited. It shall be unlawful to peddle alcoholic liquor in the village.
(D) Permitting gambling on premises where sold; license subject to revocation.
(1) Whoever being licensed hereunder shall, in or upon any premises described in the license, suffer or permit any person to play for money or other valuable thing at any cards, dice, checks or with any other article or instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing money or other thing or article of value, or shall suffer or permit any person to bet on any game others may be playing, or shall keep or suffer to be kept in or upon the premises any implements such as are used in gambling in order that the same may for hire, gain or reward be used for the purpose of gaming for money or other property, or who suffers any person to play at any unlawful game or sport therein, shall be guilty of a misdemeanor. However, video gaming and video gaming terminals may be allowed on the premises pursuant to 230 ILCS 40/1 et seq., the regulations of the Illinois Gaming Board and the provisions of this municipal code.
(2) Whoever, being licensed hereunder, shall be convicted of a violation of this section shall have his or her license revoked.
(E) Soliciting drinks. It shall be unlawful for any person of either sex to solicit, appeal to, ask or invite another person of the opposite sex, theretofore to him or her unacquainted, to purchase for, procure for or give to that person, a drink of intoxicating liquor, as herein defined, in any premises licensed hereunder. It shall be unlawful for any person licensed hereunder to sell intoxicating liquor or any employee thereof who shall suffer or permit any person to solicit, appeal to, ask or invite another person of the opposite sex, theretofore to the person unacquainted, to purchase for, procure for or give to any such person any intoxicating liquor as herein defined.
(F) Dram shop insurance. Every licensee shall at all times maintain a valid dram shop insurance policy within maximum insurance coverage limits. Each licensee shall provide the Village President with a valid certificate of insurance at the time of license application or for renewal thereof. The licensee shall cause a provision added to the policy requiring the insurance carrier to give the village 30 days prior notice of the cancellation or nonrenewal of the policy.
(1983 Code, § 3-2A-11)
(G) Sexual conduct and nudity/semi-nudity prohibited.
(1) No licensee or his or her agent or employee shall allow or permit any person to perform, or simulate the performance of, acts of:
(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(b) The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
(c) The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
(d) The actual or simulated displaying of the breast so as to expose the nipple, or any part of the areola of the female breast; and/or
(e) The displaying of films or pictures depicting acts, a live performance of which is prohibited by (a), (b), (c) or (d) above.
(2) No licensee or his or her agent or employee shall allow or permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.
(3) Nudity and semi-nudity are prohibited.
(a) No person or entity licensed under the provisions of this chapter, or any agent, officer or employee of any such person or entity, shall knowingly allow or otherwise participate in any kind of agreement or arrangement which allows or requires any person to appear before or amidst the public in attendance at any establishment to which the license has been issued, in the nude or in any kind of apparel which as worn or by virtue of its design, fit or material, makes visible or tends to make visible all or any portion of the person’s:
1. Genitalia;
2. Pubic hair or pubic hair region;
3. Anus and/or anal crevice; and
4. If such person is a female, her breasts at, below and including the areola.
(b) No person shall appear or enter into any kind of agreement or arrangement which allows or requires the person to appear before or amidst the public in attendance at an establishment licensed under the provisions of this chapter, in the nude or in apparel such as that described in division (A) hereof.
(4) Any person or entity licensed under the provisions of this chapter, or any agent, officer or employee of any such person or entity, who violates any provision of this section shall have his or her license revoked or suspended.
(Ord. 86-1, passed – -; Ord. 94-3, passed – -; Ord. 04-3, passed 1-5-2004; Ord. 12-17, passed 11-5-2012) Penalty, see § 112.99
§ 112.13 RECORD OF LICENSES KEPT; NOTICE OF NEW LICENSE.
The President shall keep or cause to be kept a complete record of all the licenses issued by him or her, and shall furnish the Clerk and Chief of Police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the President shall give written notice of the action to each of those officers within 48 hours of the action.
(1983 Code, § 3-2A-12)
§ 112.14 REVOCATION OR SUSPENSION.
The Local Liquor Commissioner (Village President) may revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any of the provisions of this subchapter or of any valid ordinance or resolution enacted by the Board of Trustees or any applicable rule or regulation established by the Local Liquor Commission or the State Commission which is not consistent with law. However, no such license shall be so revoked or suspended except after a public hearing by the Local Liquor Commission after a three-day written notice to the licensee, affording the licensee an opportunity to appear and defend.
(1983 Code, § 3-2A-13) (Ord. 568, passed 1-5-1981)
§ 112.15 SPECIAL EVENT BEER GARDEN LICENSES.
(A) The Local Liquor Commissioner may grant a special event beer garden liquor license to persons who are currently licensed to sell alcoholic liquor at retail within the village, pursuant to the provisions contained in this section.
(B) No person shall hereafter, keep, maintain, conduct or operate any special event beer garden without first obtaining a license therefor.
(C) As used in this section, the following term shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BEER GARDEN. An open, unroofed area where beer and other alcoholic beverages are served or consumed.
(D) No more than three special event beer garden licenses may be issued to a licensee in any calendar year. The fee for each license shall be $75, which shall be submitted with the application. The special event beer garden license shall only be valid from 2:00 p.m. until 10:00 p.m. on the date for which the license is issued.
(E) Application for a special event beer garden license shall be made to the Village Clerk no less than 30 days prior to the requested date for the license. The license application may be granted approval by the Local Liquor Commissioner, but only if the applicant meets all of the conditions contained in this subchapter. No special event beer garden may be located in any area zoned for residential purposes within the village. The license shall be posted conspicuously in the beer garden at all times.
(F) No special event beer garden shall be permitted, maintained or operated except in conformity with the following regulations:
(1) The beer garden area shall be particularly described and adjacent to, and operated as part of, premises licensed to sell alcoholic beverages for consumption on the premises.
(2) Beer gardens shall be no greater in area than one and one-half of the floor space of the licensed premises.
(3) Access to the beer garden shall only be through the adjacent principal structure for which a license to sell alcoholic liquor at retail has been issued; provided however, that any part of the beer garden not blocked by a building shall be surrounded by a fence or hedge not less than three feet high with a fire exit or exits as required. Each gate or exit shall be not less than three feet high, shall swing to egress, shall be equipped with proper hardware, and shall swing free and clear of public sidewalks. The beer garden fence shall comply with all village ordinances regarding vision clearance and required distance from corners.
(4) Adequate noncombustible rubbish containers shall be provided by the applicant.
(5) Applicant must submit written proof that the beer garden area is covered by the applicant’s preexisting dram shop insurance for the principal structure, or that they have obtained a dram shop policy specifically for the beer garden area.
(6) The applicant shall submit a $50 cash deposit for litter control. If village employees pick up trash or rubbish in the public way that they reasonably believe is attributable to the beer garden, the cost of the employee picking up the trash shall be deducted from the litter deposit. Any remaining funds shall be returned to the applicant.
(7) All provisions of village ordinances relating to dealers in alcoholic liquor not inconsistent with the stated terms of this section shall apply to the special event beer garden license.
(8) The Local Liquor Commissioner may revoke any special event beer garden license issued by him or her if he or she determines that the licensee has violated any of the provisions of this subchapter, any other ordinance of the village, or any applicable rule or regulation established by the Local Liquor Commissioner or the State Commission which is not inconsistent with law.
(G) The Local Liquor Commissioner may waive the 30-day application period in his or her discretion upon good cause.
(1983 Code, § 3-2A-14) (Ord. 91-4, passed – -)
§ 112.16 TERMINATION BY DORMANCY.
A license shall be rendered dormant and shall abate when the licensed premises has been closed or when no alcoholic liquor has been sold or served on the premises for 30 days, and no request for transfer to a new location or to a new licensee at the same location, or request for an extension of time, has been received by the Village President. Upon a determination of abatement by the Village President, and his written notice of such determination to the licensee, the number of licenses in the class of the license that has been rendered dormant shall be reduced by one, in accordance with § 112.17.
(Ord. 09-12, passed 10-5-2009)
§ 112.17 REDUCTION IN NUMBER OF LICENSES.
Whenever a license previously issued under this chapter is revoked, surrendered, or terminated by dormancy as provided in this chapter, the maximum number of licenses, as set forth in § 112.05, in the class of the license that is revoked, surrendered, or terminated by dormancy shall be automatically and immediately reduced by one.
(Ord. 09-12, passed 10-5-2009)
§ 112.18 BASSET TRAINING REQUIRED.
(A) In order to provide information to sellers and servers of alcoholic liquor about the effects of alcohol and drug use and abuse and to provide the necessary skill development techniques to identify and/or intervene with patron use problems thereby reducing the incidence of patron misuse, all employees or agents who sell or serve alcoholic beverages, all management personnel working on premises and anyone whose job description entails the checking of identification for the purchase of alcoholic beverages for holders of liquor licenses for bars, restaurants and for beer and wine for consumption at restaurants issued by the village shall complete Beverage Alcohol Sellers and Servers Education and Training (BASSET) pursuant to a program licensed by the Illinois Liquor Control Commission pursuant to 235 ILCS 5/3-12, 235 ILCS 5/6-27 and 77 Illinois Administrative Code, Ch. XVI, Part 3500, Sec. 3500.101, et seq., as may be amended.
(B) The holders of liquor licenses as of the date of approval of this section shall provide proof of compliance with this requirement by March 1, 2017. All new applicants for a liquor license for bars, restaurants and for beer and wine consumption at restaurants shall provide proof of compliance with this section prior to being issued a license by the village.
(C) When a license holder adds a new employee who is required by this section to complete BASSET Training, the new employee shall comply with this section and proof shall be provided to the village within 30 days of commencement of employment.
(D) A photocopy of Certificates of Completion for all employees or agents who are required by the section to complete BASSET Training shall be maintained by the license holder and shall be readily available and posted in a manner which will allow inspection by the local Liquor Commissioner, the Police Chief or any designee of either of them or the State Liquor Control Commission.
(Ord. 16-09, passed 10-17-2016)
SUNDAY SALES
It shall be unlawful for any person to engage in the business or occupation of the retail sale of alcoholic liquor under this subchapter without first having obtained a license therefor, in accordance with the terms and provisions of this chapter. No person shall be deemed fully licensed until a license has been actually issued and delivered to the applicant therefor, and no person or association conducting a business in the village to whom or to which a license provided for in §§ 112.01 through 112.15 has not been issued shall sell, offer to sell or permit to be consumed any alcoholic liquor on the premises as provided in this subchapter where the business is conducted. A separate license shall be required for each location, place or premises where the business or occupation is proposed to be carried on, whether or not under the same roof or at the same street address.
(1983 Code, § 3-2B-1) Penalty, see § 112.99
§ 112.31 APPLICATIONS REQUIRED; CONTENTS.
Applications for these licenses shall be made to the President in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof if a club or corporation, and verified by oath or affidavit. The application may be made with and as part of application made under §§ 112.01 through 112.15. If made separately, it shall contain information as provided in § 112.03.
(1983 Code, § 3-2B-2)
§ 112.32 ISSUANCE, RENEWAL OF LICENSE; NUMBER OF LICENSES.
(A) Licenses for the retail sale of alcoholic liquor hereunder shall be issued by the President, and he or she may renew the license of all licensees at the expiration of their license period; provided the license has not lapsed, been revoked or canceled; and provided, further, that each applicant for a license, or for the renewal thereof, and the premises where the business is to be carried on shall comply fully with all the conditions and provisions of this subchapter and §§ 112.01 through 112.15; but the President shall not issue more than four licenses hereunder, and upon each revocation, the authorized total of licenses the President is permitted to issue is to be reduced by one.
(B) No license shall be issued hereunder to any person other than a licensee under §§ 112.01 through 112.15 of this chapter.
(1983 Code, § 3-2B-3) (Ord. 16-08, passed 6-20-2016)
§ 112.33 LICENSE FEES; DISPOSITION ON APPROVAL OR DISAPPROVAL.
Applicants for a bar, restaurant serving alcoholic liquor, liquor store, package liquor or restaurant Sunday sales license hereunder shall, at the time application for the license is made, pay to the Village Clerk the annual fee as follows: the total sum of $500, or the sum of $250 with a written promise to pay the additional sum of $250 six months thereafter. The license fee shall be turned over to the Village Treasurer and shall be deposited by him or her in the General Corporate Fund or in such other fund as the Board of Trustees may designate. In the event the applicant for a Sunday sales license elects to pay the annual fee by means of the $250 with a written promise to pay the additional sum of $250 six months thereafter, and the applicant for a bar license is granted a license, the additional sum shall become immediately due and payable if the license holder sells, transfers or assigns the business or any interest therein or ceases to do business for a period of six months.
(1983 Code, § 3-2B-4) (Ord. 05-04, passed 4-4-2005; Ord. 16-08, passed 6-20-2016)
§ 112.34 HOURS SALES ARE PERMITTED.
It shall be lawful for alcoholic liquor to be sold on or in premises licensed under this subchapter on Sundays between the hours of 10:00 a.m. and 10:30 p.m.; further, it shall be lawful for alcoholic liquor to be consumed on or in premises licensed under this subchapter on Sundays between the hours of 10:00 a.m. and 10:30 p.m.
(1983 Code, § 3-2B-5) (Ord. 86-6, passed – – ; Ord. 2022-05, passed 8-1-2022) Penalty, see § 112.99
§ 112.35 EFFECT OF PROVISIONS.
Each of the sections of §§ 112.01 through 112.15 which are not in express conflict herewith are incorporated herein as part of this subchapter. Sections 112.01 through 112.15 are not repealed or amended except to provide for additional hours of business operation and additional fees as provided herein.
(1983 Code, § 3-2B-6) (Ord. 569, passed 1-5-1981)
(A) Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of § 10.99.
(B) Any person, firm or corporation violating any provision of § 112.06 shall be fined not less than $50 nor more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(1983 Code, § 3-2A-5.5)
(C) (1) Whoever violates § 112.11(A) shall, in addition to other penalties provided for in that subchapter, be fined not more than $200 for the first offense, and for the second and subsequent offenses shall be fined not less than $50 nor more than $750.
(2) Whoever violates any provisions of § 112.11(B)(3) or (B)(4) shall be punished by a fine of not less than $50, nor more than $750.
(1983 Code, § 3-2A-10)
(D) Any person, firm or corporation violating any provision of § 112.15 shall be fined not less than $100 nor more than $750 for each offense.
(1983 Code, § 3-2A-14)
(Ord. 88-6, passed – -; Ord. 91-4, passed – -; Ord. 12-03, passed 3-5-2012)