Liquor Ordinance 2024-06

LIQUOR ORDINANCE to REGULATE THE SALE of ALCHOLIC LIQUOR

AN ORDINANCE AMENDING ORDINANCE NO. 2022-04, “REGULATING THE SALE of ALCOHOLIC LIQUOR”.

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BISHOP HILL, ILLINOIS, THAT ORDINANCE NO. 2022-04 SHALL BE AMENDED TO READ AS FOLLOWS:

Section 8.1.  There shall be no more than five (5) Class “A” licenses issued and in force at any one time.

THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Bishop Hill, the Liquor Ordinance shall be as follows: 

SECTION 1. DEFINITIONS.

Unless the context requires otherwise, the following terms as used in this Article shall be construed according to the definitions given below.

Alcoholic Liquor. Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, containing more than one-half of one percent of alcohol by volume, and, in the judgment of the Commission, capable of being consumed as a beverage by a human being. The word "solid" means any substance which, by dilution or processing, becomes an alcoholic beverage. 

Club. A corporation organized under the laws of Illinois, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors that conforms to the definition of club, as provided by Statute.

Event. A single theme.

Hotel or Motel. 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 travelers and guests, whether transient, permanent or residential, in which twenty (20) or more rooms are used for the sleeping accommodations and dining rooms are being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.

Manager or Agent. Any individual employed by any licensed place of business, provided the individual possesses the same qualifications required of the licensee. Satisfactory evidence of such employment will be furnished the Commission in the form and manner as the Commission shall from time to time prescribe.

Meal. Food that is prepared and served on the licensed premises and excludes the serving of snacks.

Minor. A person under 18 years of age.

Original Package. Any bottle, flask, jug, can, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.

Premises or Place of Business. The place or location where alcoholic beverages are manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Not included are sidewalks, streets, parking areas and grounds adjacent to any such place or location.

Resident. Any person who has resided, and maintained a bona fide residence, in the State of Illinois for at least one year and in the city, village or county in which the premises covered by the license are located for at least 90 days prior to making application for such license.

Restaurant. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually served and regularly served, without sleeping accommodations, the space being provided with adequate and sanitary accommodations, the space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests: provided that no establishment shall qualify as a restaurant or shall continue to be qualified as a restaurant unless at least fifty percent (50%) of its gross income is derived from the sale of food. For such an establishment which has been in operation for at least one (1) year, such percentage shall be determined from the gross income received during the year preceding the year for which the application for the license or the renewal is made. For an establishment which has begun operation for less than one year, the percentage shall be determined on the projected gross income for the year which the application for license is being made.

Retail Sale. The sale for use or consumption and not for resale.

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, provided that the alcoholic content does not exceed 24 per cent of alcohol by volume.

SECTION 2. LICENSE REQUIRED.

No person shall sell or offer for sale at retail in the Village any alcoholic liquor without having both a local retail dealer’s license and a liquor license issued by the State of Illinois, or in violation of the terms of the license.

SECTION 3. APPLICATION.

Applications for licenses shall be made at the local Liquor Control Commissioner, in writing, signed by the applicant if an individual, or by a duly authorized agent if a club or corporation. The application shall contain the following statements and information.

3.1 The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, 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 that person.

3.2 The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization.

3.3 The character of the business of the applicant, place of birth, and in the case of a corporation, the objects for which it was formed.

3.4 The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued.

3.5 The location and description of the premises or place of business which is to be operated under the license, phone number, and federal tax identification number of the business.

3.6 A statement whether the applicant has made an application for a similar or other license on premises other than described in this application, and the disposition of the application.

3.7 A statement whether or not the applicant has been convicted of a felony, ever been convicted of a gambling offense, ever had a license revoked, or ever been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor or forfeited a bond to appear in court to answer charges of such violation.

3.8 A statement that the owner/applicant will readily address or prevent rowdiness, fights and disorderly conduct and refuse to serve or sell alcoholic liquor to an intoxicated person or minor.

3.9 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 in the Village in the conduct of his place of business.

SECTION 4. RESTRICTION OF LICENSES.

No such license shall be issued to:

4.1 A person who is not a resident of Henry County, Illinois.

4.2 A person who is not of good character and reputation in the community which he or she resides.

4.3 A person who is not a citizen of the United States.

4.4 A person who has been convicted of a felony.

4.5 A person who has been convicted of being the keeper of or is keeping a house of ill-repute.

4.6 A person who has been convicted of pandering, or other crime or misdemeanor opposed to decency and morality.

4.7 A person whose license under this Article has been revoked for cause.

4.8 A person who at the time of application for renewal of any license issued hereunder would not be eligible for the license upon a first application.

4.9 A co partnership, unless all members of the co partnership shall be qualified to obtain a license.

4.10 A corporation, if any officer, manager or director or any stockholder owning in aggregate more than five (5%) percent 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.

4.11 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.

4.12 A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges for any such violation.

4.13 A person who does not own the premises for which a license is sought, or does not have a lease for the full period for which the license is issued.

4.14 Any person, firm, or corporation not eligible for a state retail liquor dealer’s license.

4.15 Any law enforcing public official, any Board President, or member of the Village Board of Trustees and no official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

SECTION 5. TERM OF LICENSE.

Each license shall terminate on the 30th day of April following issuance. New businesses will be prorated.

SECTION 6. EXAMINATION OF APPLICANT FOR LOCAL LICENSE.

The Local Liquor Control Commissioner shall have the right to examine, or cause to be examined, under oath, any application for a local license or for suspension that has been served as provided by Statute, and to examine the books and records of any applicant or licensee; to hear testimony and take proof for his information in the performance of his duties, and for the purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the Liquor Control Commissioner under this section, the Commissioner may authorize an agent to act on his behalf, as provided by the Statute.

SECTION 7. CLASSIFICATION AND FEES

7.1 Such licenses shall be divided into the following classes:

Class A License shall authorize the retail sale of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor.  The annual fee for such license shall be Five Hundred Dollars ($500.00). Class A License holders shall be allowed to hold off-premises special events, subject to the approval of the Village Board. Such approval shall authorize the retail sale of alcoholic liquor for consumption at a specified location in Bishop Hill.  The approval shall be operative for a period of 1 day.  All alcoholic liquor shall be sold and consumed on property designated in the Village Board approval.  The hours for this event shall be from noon to 12:00 midnight on said day.  Only one such special event shall be allowed to take place at any one time.  The licensee shall provide proof of insurance for the event.

Class B License shall authorize the sale of alcoholic liquor for consumption on the licensed premises where food is routinely served.  The annual fee for such license shall be Four Hundred Dollars ($400.00).

Class C License shall authorize the retail sale of original packaged alcoholic liquors. The annual fee for such license shall be Three Hundred Dollars ($300.00).

Class D License shall authorize the retail sale of alcoholic liquor for consumption at a specified location in Bishop Hill.  The license shall be operative for a period of 1 day.  All alcoholic liquor shall be sold and consumed on designated property.  The hours for this license shall be from noon to 12:00 midnight on said day.  The fee for such a license shall be Seventy-Five Dollars ($75).  Only one such license shall be in force at any one time.  The licensee shall provide proof of insurance for the event.

7.2 All licenses issued shall be designated by the classification letter provided (A, B, C, D).

SECTION 8. NUMBER OF LICENSES.

8.1 There shall be no more than FIVE (5) Class “A” licenses issued and in force at any one time.

8.2 There shall be no more than two (2) Class “B” licenses issued and in force at any one time.

8.3 There shall be no more than two (2) Class “C” licenses issued and in force at any one time.

8.4 There shall be no more than one (1) Class “D” license issued and in force at any one time.

SECTION 9. INSURANCE REQUIRED.

Section 9.1 No license shall be issued unless the applicant shall file with the application a certificate by an insurance company authorized to do business in the State of Illinois, certifying that the applicant has the insurance required by the State. The Certificate of Insurance must show that you have liquor liability insurance and must include the following: 1) the applicant named as the insured (e.g., if the applicant is a corporation, then the corporation’s name must be listed; if the applicant is a sole proprietor, then the sole proprietor’s name must be listed); 2) the address of the location where the liquor is being consumed; and 3) the dates of coverage and the coverage limits.

Section 9.2 No license shall be granted or renewed to an applicant until such applicant shall furnish evidence satisfactory to the local liquor control commissioner that such applicant is covered by a policy of dramshop insurance issued by a responsible insurance company authorized and licensed to do business in the state of Illinois insuring such applicant against liability which such applicant may incur under the provisions of 235 Illinois Compiled Statutes 5/6-21.

SECTION 10. DISPOSITION OF FEES.

All fees shall be paid to the Village Clerk at the time application is made and shall be turned over to the Village Treasurer. In the event the applicant’s license is granted, then the fee shall be deposited in the general corporate fund or in any other fund as shall have been designated by the Village Board by proper action.

SECTION 11. RECORD.

The Village Clerk shall keep a complete record of all licenses issued and shall furnish the Village President with a copy; upon revocation or suspension of any license the Village Clerk shall immediately give written notice to the Village President.

SECTION 12. TRANSFER OF LICENSE.

A license shall be a purely personal privilege, not to exceed one (1) year after issuance unless revoked sooner as provided in this Article. The license 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 pledged. The license shall cease on 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 the 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 the insolvency of the licensee. A refund shall be made of the 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 section.

SECTION 13. CHANGE OF LOCATION.

A license shall permit the sale of alcoholic liquor only in the premises described in the application and license. The location may be changed only when written permit to make the change shall be issued and the proposed new location is in compliance with the provisions and regulations of this Article.

SECTION 14. RENEWAL OF LICENSE.

14.1 Any licensee may renew a license at expiration, provided that the licensee is then qualified to receive a license and the premises for which the renewal is sought is suitable for such purpose; provided further, that the renewal privilege shall not be construed as a vested right which shall in any case prevent the Village President from decreasing the number of licenses to be issued within jurisdiction.

14.2 License must be renewed by 5:00 p.m. on the last business day before expiration.

14.3 Violation of the terms of renewal before expiration could result in loss of licenses and/or a penalty of five hundred dollars ($500.00)

SECTION 15. REGULATORY REQUIREMENTS

15.1 Unless otherwise permitted under the express approval of the Commission, a retail licensee is strictly limited to purchasing alcoholic liquor from a distributor or person holding a self-distribution exemption in which there is a bona fide transfer of title. 

15.2 It is the duty of each retail licensee to keep on the licensed premises invoices, or copies thereof, covering purchases of alcoholic liquor for a period of at least 90 days after such purchase.

15.3 The retail liquor establishment must frame and predominantly display the following: 

•             Local Liquor License

•             State Liquor License

•             Pregnancy Warning Sign (available at www.illinois.gov/ilcc)

•             Human Trafficking Public Notice (not required but encouraged)

SECTION 16. SANITARY CONDITIONS.

16.1 All premises used for the retail sale of alcoholic liquor, or for the storage of liquor for sale and equipment used in the manufacture of alcoholic liquor, 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; and shall obtain all necessary permits from the Health Department of the County and State.

16.2 Pre-mix alcoholic beverages, such as but not limited to, apple pie shots, Jell-O shots or Vegas Bombs, may only be used for one week before they must be destroyed.  If you mix these concoctions ahead of time, you must label the container with the date of production and contents.  If any portion is not used within one week, it must be destroyed.

SECTION 17. EMPLOYEES.

All bartenders, wait staff and alcohol servers must have passed a BASSET certified training course.

SECTION 18. LOCATION RESTRICTIONS.

No license shall be issued for the sale of retail of any alcoholic liquor, within one hundred (100) 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 hotels or motels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where the sale of alcoholic beverages is not the principal business carried on, of such place of business so exempted shall have been established for such purposes prior to the taking effect of this ordinance. No person shall hereafter engage in the business as a retailer of alcoholic liquor within one hundred (100) feet of any mortuary.

SECTION 19. STORES SELLING SCHOOL SUPPLIES, LUNCHES, ETC.

No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business 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 minors.

SECTION 20. HOURS OF OPERATION.

20.1 Alcoholic liquor shall only be sold, offered for sale at retail, or given away in or upon any licensed premises during the following hours.

Monday  – Thursday (including election days):     8:00 a.m. to Midnight

Friday (including election days):                                              8:00 a.m. to 1:00 a.m. the following day

Saturday and New Year’s Eve:                                   8:00 a.m. to 2:00 a.m. the following day

Sunday:                                                                            Noon to Midnight

20.2 It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or to permit the consumption of alcoholic liquor in or upon any premises in which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited, provided that in the case of restaurants, hotels or motels, such establishments may be open for business during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.

SECTION 21. MINORS – SALE TO.

21.1 No person under the age of twenty-one (21) years shall purchase or obtain any alcoholic liquor in any tavern or other place in the Village where alcoholic liquor is sold.

21.2 No person under the age of twenty-one (21) years shall 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.

21.3 No holder of a retail liquor dealer’s license, or his or her agent or employee shall 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 the licensed premises is located; provided that this paragraph shall not apply to any minor accompanied by a parent or guardian, or any licensed premises which derives its principal business from the sale of services or other commodities other than alcoholic liquor.

21.4 In addition to all other fines and penalties, the Village President may suspend or revoke the retail liquor dealer’s license for any violation of this Article.

21.5 No parent or guardian shall permit any minor child to violate any of the provisions of this section.

21.6 No person shall give or deliver alcoholic liquor to any minor.

21.7 No minor under twenty-one (21) years of age shall attend any Class A licensed establishment without parent or legal guardian unless the Class A licensed premises derives its principal business from the sale of services or other commodities other than liquor.

21.8 In the sale, distribution or delivery of alcoholic liquors, no retail alcoholic liquor licensee may employ, with or without compensation, or in any way directly or indirectly, use the services of a minor under the age of 18.

21.9 No minor under (21) years of age shall be seated at the bar of any establishment licensed for the sale of alcoholic liquor

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No holder of a retail liquor dealer’s license shall sell, deliver or give any alcoholic liquor to any intoxicated person or to any person known to him to be a habitual drunkard, spendthrift or insane, feeble-minded or distracted person.

SECTION 23. GAMBLING.

It shall be unlawful to gamble except for Video Gaming as allowed by the Illinois Legislature and as licensed by the Illinois Gaming Board, which shall be allowed. Video Gaming shall be limited by the number of Liquor Licenses available according to the Village Code.

SECTION 24. PEDDLING.

It shall be unlawful to peddle alcoholic liquor in the Village.

SECTION 25. RAFFLES.

Holders of Video Gaming Licenses issued by the Village and/or group(s) wishing to hold a raffle at Video Gaming establishments may, upon proper application to the Village and payment of a $25.00 application fee, obtain a special permit from the Board of Trustees to conduct a charitable raffle within the premises where Video Gaming may be conducted.

SECTION 26. INSPECTIONS.

No person shall refuse to grant admittance to the premises for which a Class “D” license has been issued at any time upon verbal request of any police officer, the health officer, or any member of the Village Board of Trustees for the purpose of making an inspection on the premises, or any part.

SECTION 27. REVOCATION – SUSPENSION.

The Village President may suspend for not more than thirty (30) days or revoke for cause any liquor dealer’s license for violation of any provision of this chapter, or for any violation of any state law pertaining to the sale of alcoholic liquor as provided by law.

Ordinance 2024-06, regulating the sale of alcoholic liquor in the Village of Bishop Hill, Henry County, Illinois, shall be in full force after its passage and approval.  All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

AYE__________4_________

NAY__________0_________

ABSENT______2_________

APPROVED by the President of the Village of Bishop Hill, Illinois this 4th day of December, 2024.