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HomeMy WebLinkAboutORDINANCE - 73 - 9/8/1958 - ALCOHOLIC LIQUOR DEALERSOrdinance No. 7_ AN ORDINANCE licensing and regulating dealers in alcoholic liquors BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook County, Illinois: Section 1. Definitions. Unless the context otherwise requires, the following terms as used in this article shall be construed according to the definitions below. Alcoholic liquor - any spirits, wine, beer, ale or other liquid containing more than one-half of one per cent of alcohol by volume, which is fit for beverage purposes. Retail Sale - the sale for use or consumption and not for re -sale. Restaurant - any public place kept, used, maintained, advertised and held out to the public as a place wheve, meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Hotel - every building or other structure,: kept, used, maintained, advertised and held out to the public to be a place where food is actually . served and consumed and sleeping accommodations are offered for adequate pay to the traveler and guests, whether transient, permanent, or residential in which twenty-five or more rooms are used for sleeping accommodations and dining rooms being conducted in the same building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. Club - a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the same and consumption of alcoholic liquors, kept, used and main- tained or leasing a building or space in a building, of such eutent and character by its members, through the payment of annual dues, and owning or hiring 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 a 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 Village President, as the local liquor commiss- ioner, at the time of its application for a license under this article, two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member of his name and address, and provided that its affairs and .management are inducted by a Board of Directors, Executive Cominittee 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 receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or its members 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. Section 2. License required. It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer's license„ or in violation of the terms of such license. Section 3. Application. Application for such license shall be made to the Village Kesident, as the local liquor commissioner. in writing and signed by the applicant. if an individual, or by a duly authorised agent, thereof. if a club or corporation, verified by oath or affidavit. and *hall contain the following statements and information: (1) The name, age and address of the applicant in the case of an individual; in the case of a co-partnershipe the persons entitled to share in the profits thereof, and in the case of a corporation, the objects for which organised, the names and addresses of the officers and directors. and if a majority interest of the stock of such corporation is owned by one person or his nominee. the name and address of such person; (2) The citizenship of the applicant. his place of birth, and if,a naturalised citizen. the time and place of his naturalization; (3) The character of business of the applicant; and in case of a corporation, the objects for which it was formed; (4) The length of time said applicant has been in business of that character or in the case of a corporation. the date when its charter was issued. (5) The amount of goods, wares and merchandise an hand at the time application is made; (6) The location and description of the premises or place of business which is to be operated under such license; (7) A statement whether the applicant has made application for a similar or other license on premises other than those described in this application and the disposition of such application; (3) A statement that 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 article, laws of this State or the ordinance of this Village. (9) 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 this Village In the conduct of his place of business. (10) Whether a previous license by any state or subdivision thereof, or by the Federal Government has been revoked, and the reasons therefor; to: Section 4. Restriction of licenses, No such licenses shall be issued 1. A person who is not a resident of the Village. Z. A person who is not of good character and reputation in the community in which he resides; -2- citizen 3. A person who is not a mu== of the United States; 4. A person who has been convicted of a felony under the laws of the State of Illinois; 5. A person who has been convicted of being the keeper of a house of ill -fame; 6. A person who has been convicted of pandering or crime or mis- demeanor opposed to decency and morality; 7. A person whose license under this article has been revoked for cause; 8. 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; 9. A co -partnership, unless all of the members of such co- partnership shall be qualified to obtain a license; 10. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five per tent 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; U. A person whose place of business in conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee; 12. A person who has been convicted of a violation of any State or Federal law concerning the manufacture. possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court in answer to charges for such violation; 13. 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 issued; 14. Any law enforcing public official, the Village President, member of the Board of Trustees, and no such official shall be interested in any way, either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor; 15. A person, firm or corporation not eligible for a State retail liquor dealer's license. Section S. Term - pro -rating fee. Each such license shall terminate on the thirtieth day of April next following the date of 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. Section 6. License fees. 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: -3- Class "A" license, which shall authorize the retail sale of alcoholic liquors for consumption on the premises specified, the annual fee shall be one thousand dollars. Class "B" license, which shall authorize the retail sale of alcoholic liquor not for consumption on the premises for which the license is issued, the annual fee shall be one thousand dollars. Class "C" license, which shall authorize the retail sale of alcoholic liquors by clubs (other than country clubs) on the premises of such club, to guests and itsmembers for consumption on such premises only. The annual fee for such license shall be $250.00. Section T. Number of licenses. There shall be issued in the village no more than a class "A" licenses; class "B" licenses and 5 class "C" licenses to be in effect at any time. Section 8. Disposition of fees. All such fees shall be paid to the Village President, as the local liquor commissioner, at the time application is made, and shall be forthwith turned over to the Treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the Board of Trustees by proper action. Section 9. List. The Village President, as the local liquor commissioner shall keep or cause to be kept a complete list of all such licenses issued by him. Section 10. Transfer of license. A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this article provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, volu*Ltily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor may continue the business of the sale or manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, 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. A .refund shall be made of that portion of the license fee paid for any period in which the licensee shall be prevented from operating under the license in accordance with the provisions of this paragraph. Section 11. Renewal of license. Any licensee may renew his license at the 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 purpose; 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 jurisdiction. -4- Section 12. Change of location. A retail liquor dealer's license shall permit the sale of alcoholic liquor only on the premises described in the application and license. Such location may be changed only upon a written permission to make such change issued by the President of the Village as the local 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 laws of this State and the ordinances of the village. Section 13. Consumption on premises, It shall be unlawful for anyone not having a license providing for consumption on the premises where sold, to offer for sale or sell any alcoholic liquor for consumption on the premises or to permit the same to be consumed where sold. It shall be unlawful to consume or permit the consumption of alcoholic liquor in public restaurants not having a license for the sale thereof. Section 14. Location restrictions. No license shall be issued for the sale a£ retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for aged or indigent persons, or for veterans, their wifes or children or any military or naval station; provided that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where the sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such a purpose prior to the taking effect of this article. No person shall hereafter engage in business as a retailer of any alcoholic liquor within 100 feet of any undertaking establishment or mortuary. Section 15. Closing hours - Sunday closing. It shall be unlawful to sebl any alcoholic liquor at retail in the village between the hours of one A. M. and six A. M. on any day except that on Sunday the closing hours shall be from two o'clock A. M. to twelve noon. Section 16. Peddling, It shall be unlawful to peddle alcoholic liquor in the village. Section 17. Sanitary conditions. All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption . Section 18. Employees. It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of any contagious, infectious or veneral disease and it shall be unlawful for any person who is affilitated with or is a carrier of any such disease to work in or about any premises or to be engaged in any way in the handling, preparation or distribution of such liquor. Section 19. Election days. No person shall sell at retail any alcoholic liquor on the day of any National State, County or Municipal election, including primary elections during the hour s Ale polls are open within the political area in which such election is being held. Section 20. View from street. No premises upon which the sale of alcoholic liquor for consumption on the premises is licensed other than as a restaurant, hotel or club, shall be permitted to have in the windows or upon the doors of such licensed premises nor inside such premises which -5- shall prevent a clear view into the interior of such premises from the street, road or sidewalk, at all times, and no booth, screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the irterior of such premises which shall prevent a clear view of the entire interior from the street, road or sidewalk. All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee or by him wilfully permitted to be obscured or in any manner obstructed, then such licensee shall be subject to revocation of his license in the manner herein provided. In order to enforce the provisions of this section, the President shall have the right to require the filing with him of plans, drawing and photographs showing the clearance of the view as above required. Section 21. Minors - sale to. It shall be unlawful for any female person under the age of eighteen .years or for any male person under the age of twenty-one years to purchase or obtain any alcoholic liquor in any tavern, or other place in the village where alcoholic liquor is sold. It shall be unlawful for any female under the age of eighteen years or for any male person 'under the age of twenty-one years 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. In every tavern or other place in the village where alcoholic liquor is sold there shall be displayed at all times in a permanent place a printed card which shall be supplied by the Village Clerk and which shall read substantially as follows: "WARNING TO MINORS You are subject to a fine up to $200. 00 under the ordinances of the Village if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor." It shall be unlawful for any holder of a retail liquor dealer's license, or his agent or employee, to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided that this paragraph shall not apply to any minor who is accompanied by his or her parent or guardian, or to any licensed premises which derives its principal business from the sale of service or other commodities than alcoholic liquor. In addition to all other fines and penalties the Village Preiaident as the local liquor commissioner, may suspend or revoke the retail liquor dealer's license for any violation of the above paragraph. It shall be unlawful for any parent or guardian to permit any minor child of which he or she may be parent or guardian to violate any provision of this section. It shall be unlawful to sell, give or deliver alcoholic liquors to any minor. 10 Section 21. Sale to intoxicated persons -habitual drunkards. It shall be unlawful for any holder of a retail dealer's license to sell, deliver or give any alcoholic liquor to any intoxicated person or to any person known to him to be an habitual drunkard, spendthrift or insane, feeble-minded, or distracted person. Section 22. Revocation. The Village President, as the local liquor commissioner, may suspend or revoke any retail liquor dealer's license for any violation of any provision of this article or for the violation of any State law pertaining to the sale of alcoholic liquor. Section 23. Penalty. Any person, firm or corporation violating any provision of this article shall be fined not less than five dollars nor more than two hundred dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 24. That this ordinance shall be in full force and effect upon its passage and approval and publication according to law. PASSED: this nth day of Rpptam),A„ , 1958. APPROVED: this 8th day of geptember , 1958. Charles A. Hodlmair President ATTEST- Marcaret C, Petrie Village Clerk PUBLISHED- In pamphlet Form -7-