Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Chapter 21 - Liquor Code [21-1]

In any case in which a licensee appeals to the Illi­nois Liquor Con­trol Com­mis­sion a sus­pen­sion or revo­ca­tion by the Liquor Con­trol Com­mis­sion­er that is the sec­ond or sub­se­quent such sus­pen­sion or revo­ca­tion placed on that licensee with­in the pre­ced­ing twelve (12) month peri­od, the licensee shall con­sid­er the sus­pen­sion or revo­ca­tion to be in effect until a rever­sal of the Liquor Con­trol Commissioner’s action has been issued by the Illi­nois Liquor Con­trol Com­mis­sion and shall cease all activ­i­ty oth­er­wise autho­rized by the license.  The Illi­nois Liquor Con­trol Com­mis­sion shall expe­dite, to the great­est extent pos­si­ble, its con­sid­er­a­tion of any appeal that is an appeal of a sec­ond or sub­se­quent sus­pen­sion or revo­ca­tion with­in the past twelve (12) month peri­od.

(Ord. No. 09–11; 06–18–09)

Any five (5) res­i­dents of the Coun­ty shall have the right to file a com­plaint with the Liquor Con­trol Com­mis­sion­er, stat­ing that a licensee under this Code has been or is vio­lat­ing the pro­vi­sions of this Code, the Act or any rules or reg­u­la­tions issued there­un­der.  Such com­plaint shall be made in writ­ing and shall be signed and sworn to by the par­ties com­plain­ing.  The com­plaint shall state the par­tic­u­lar pro­vi­sion, rule or reg­u­la­tion believed to have been vio­lat­ed and the facts in detail upon which such belief is based.  If the Liquor Con­trol Com­mis­sion­er is sat­is­fied that the com­plaint sub­stan­tial­ly charges a vio­la­tion, and that from the facts alleged, there is rea­son­able cause for such belief, the mat­ter shall be set for hear­ing, and shall serve notice upon the licensee of the time and place of such hear­ing and of the par­tic­u­lar charges in the complaint.

When any license has been revoked, no license shall be grant­ed for the same premis­es for a peri­od of one (1) year there­after.

Every lot, par­cel or tract of land, and every build­ing, struc­ture, tent, rail­road car, boat, wag­on, vehi­cle, estab­lish­ment or place what­so­ev­er, togeth­er with all fur­ni­ture, fix­tures, orna­ments and machin­ery locat­ed there­on, where­in there shall be con­duct­ed any unlaw­ful sale of any alco­holic liquor, or where­on or where­in there shall be kept, stored, con­cealed or allowed any alco­holic liquor intend­ed for ille­gal sale or to be sold, dis­posed of or in any oth­er man­ner used in vio­la­tion of any of the pro­vi­sions of this Code, is here­by declared to be a pub­lic nui­sance and shall be abat­ed as pro­vid­ed by the laws of this State for the abate­ment of pub­lic nuisances.

When­ev­er an offi­cer, direc­tor, man­ag­er, or oth­er employ­ee in a posi­tion of author­i­ty of any licensee shall be con­vict­ed of any vio­la­tion of this Chap­ter while engaged in the course of their employ­ment or while upon the premis­es described by the license, the license shall be revoked and the fees paid there­on for­feit­ed, both as to the hold­er of the license and as to the premis­es, as if said licensee had him­self been convicted.

When­ev­er any licensee shall be con­vict­ed of any vio­la­tion of this Chap­ter, the license of said licensee may, in the dis­cre­tion of the Liquor Con­trol Com­mis­sion­er be revoked and for­feit­ed and all fees paid there­on shall be for­feit­ed, and it shall there­after be unlaw­ful and shall con­sti­tute a fur­ther vio­la­tion of this Chap­ter for said licensee to con­tin­ue to oper­ate under such license.

If the own­er of the licensed premis­es or any per­son from whom the licensee derives the right to pos­ses­sion of such premis­es, or the agent of such own­er or per­son shall know­ing­ly per­mit the licensee to use said licensed premis­es in vio­la­tion of the terms of this Chap­ter, said own­er, agent or oth­er per­son shall be pun­ish­able in the same man­ner and to the same extent as if the act or omis­sion had been per­formed or omit­ted by said own­er, agent or oth­er per­son personally.

Every act or omis­sion con­sti­tut­ing a vio­la­tion of this Chap­ter or the Act by any offi­cer, direc­tor, man­ag­er, mem­ber or oth­er agent or employ­ee of the licensee shall be deemed to be an act of the licensee.  The licensee shall be pun­ish­able in the same man­ner and to the same extent as if the act or omis­sion had been per­formed or omit­ted by the licensee personally.

In addi­tion to any oth­er penal­ties imposed by this Chap­ter, any per­son who vio­lates any pro­vi­sion of this Chap­ter shall be guilty of a pet­ty offense and fined not more than One Thou­sand Dol­lars ($1,000.00).  (Ord. No. 2010-11; 05–04–10)

Appeal of any order of the Liquor Con­trol Com­mis­sion­er shall be as pro­vid­ed in the Act; pro­vid­ed, how­ev­er, appeal shall be lim­it­ed to a review of the offi­cial record of the pro­ceed­ings.  The offi­cial record shall be a cer­ti­fied offi­cial record of the pro­ceed­ings tak­en and pre­pared by a cer­ti­fied court reporter or cer­ti­fied short­hand reporter.  A copy of this record shall be filed by the Liquor Con­trol Com­mis­sion­er with­in five (5) days after notice of the fil­ing of such appeal is received by the Coun­ty from the Illi­nois Liquor Con­trol Commission.

The fol­low­ing shall apply to any hear­ing held pur­suant to this Chapter:

(A) Any hear­ing con­duct­ed before the Liquor Con­trol Com­mis­sion­er shall be open to the pub­lic and shall be held at a rea­son­able time, date and place;

(B) The Liquor Con­trol Com­mis­sion­er shall have the pow­er to issue sub­poe­nas for wit­ness­es, to place wit­ness­es under oath and to rule on objec­tions, to con­duct the hear­ing in an effi­cient man­ner, to dis­miss charges to impose fines, sus­pen­sions and revocations;

(C) A par­ty to the hear­ing may present evi­dence and argument;

(D) The Liquor Con­trol Com­mis­sion­er may lim­it, but not pro­hib­it, the pre­sen­ta­tion of evi­dence and argument;

(E) The State’s Attor­ney shall have the bur­den of prov­ing by a pre­pon­der­ance of the evi­dence the charges alleged against the licensee;

(F) A licensee may be rep­re­sent­ed by an attor­ney licensed to prac­tice law in this State;

(G) The hear­ing shall be infor­mal and strict rules of evi­dence shall not apply;

(H) The Liquor Con­trol Com­mis­sion­er shall reduce all evi­dence to writ­ing and shall main­tain an offi­cial record of the pro­ceed­ings.  Such record shall be made by a cer­ti­fied court reporter or cer­ti­fied short­hand reporter;

(I) The Liquor Con­trol Com­mis­sion­er may grant a con­tin­u­ance for good cause shown;

(J) The Liquor Con­trol Com­mis­sion­er may issue an ex parte judg­ment where the licensee has received notice as required under this Chap­ter and fails to appear at the hear­ing; and

(K) The Liquor Con­trol Com­mis­sion­er shall, with­in five (5) days after such hear­ing, if it deter­mines after such hear­ing that the license should be revoked, sus­pend­ed and/or fined, state the rea­son or rea­sons for such deter­mi­na­tion in a writ­ten order of revo­ca­tion, sus­pen­sion and/or fine and shall serve a copy of such order with­in the five (5) days upon the licensee.  The find­ings of the Liquor Con­trol Com­mis­sion­er shall be pred­i­cat­ed upon com­pe­tent evidence.

When­ev­er this Chap­ter requires a hear­ing before the Liquor Con­trol Com­mis­sion­er or the Liquor Con­trol Com­mis­sion­er acts affir­ma­tive­ly con­cern­ing a license or licensee, the licensee shall be afford­ed rea­son­able notice of such hear­ing.  Such notice shall include the following:

(A) The time, place, and nature of the charge;

(B) The date when the appear­ance of the licensee is required before the Liquor Con­trol Commissioner;

(C) A state­ment of the legal author­i­ty and juris­dic­tion under which the hear­ing is to be held;

(D) A ref­er­ence to the par­tic­u­lar sec­tions of this Chap­ter at issue; and

(E) A state­ment inform­ing the licensee of his abil­i­ty to respond by pre­sent­ing evi­dence and argument.

No license issued under this Chap­ter shall be revoked or sus­pend­ed and no licensee shall be fined except after a pub­lic hear­ing by the Liquor Con­trol Com­mis­sion­er with a three (3) day writ­ten notice to the licensee afford­ing the licensee an oppor­tu­ni­ty to appear and defend; pro­vid­ed, how­ev­er, if the Liquor Con­trol Com­mis­sion­er has rea­son to believe that any con­tin­ued oper­a­tion of a par­tic­u­lar licensed premis­es will imme­di­ate­ly threat­en the wel­fare of the com­mu­ni­ty the Liquor Con­trol Com­mis­sion­er may, upon the issuance of a writ­ten order stat­ing the rea­son for such con­clu­sion and with­out notice or hear­ing order the licensed premis­es closed for not more than sev­en (7) days, giv­ing the licensee an oppor­tu­ni­ty to be heard dur­ing that peri­od, except that if such licensee shall also be engaged in the con­duct of anoth­er busi­ness or busi­ness­es on the licensed premis­es such order shall not be applic­a­ble to such oth­er busi­ness or businesses.

In addi­tion to, or in lieu of, a sus­pen­sion or revo­ca­tion of any license issued under this Chap­ter, the Liquor Con­trol Com­mis­sion­er may levy a fine on the licensee upon a deter­mi­na­tion that the licensee has vio­lat­ed any pro­vi­sion of this Chap­ter, the Act, the Code or any applic­a­ble rule or reg­u­la­tion estab­lished by the Liquor Con­trol Com­mis­sion­er or by the Illi­nois Liquor Con­trol Com­mis­sion.  The fine imposed for a vio­la­tion shall not exceed One Thou­sand Dol­lars ($1,000.00).  Each day on which a vio­la­tion con­tin­ues shall con­sti­tute a sep­a­rate vio­la­tion.  Pro­ceeds from fines levied under this Chap­ter shall be paid to the gen­er­al fund of the Coun­ty.  (Ord. No. 2010-11; 05–04–10)

The Liquor Con­trol Com­mis­sion­er may revoke or sus­pend any license issued under this Chap­ter upon a deter­mi­na­tion that the licensee has vio­lat­ed any pro­vi­sion of this Chap­ter, the Act, the Code or any applic­a­ble rule or reg­u­la­tion estab­lished by the Liquor Con­trol Com­mis­sion­er or by the Illi­nois Liquor Con­trol Com­mis­sion.  A peri­od of sus­pen­sion may not exceed thir­ty (30) days for each vio­la­tion, and dur­ing such peri­od no alco­holic liquor shall be sold on the licensed premises.

Each and every part of the Act is incor­po­rat­ed into this Chap­ter by ref­er­ence and made a part of this Chap­ter.  A vio­la­tion of any pro­vi­sion of the Act shall be a vio­la­tion of this Chap­ter and shall be sub­ject to penal­ties as set forth in this Chapter.

It shall be the duty of every licensee to make books and records avail­able upon rea­son­able notice for the pur­pose of inves­ti­ga­tion and con­trol by the Liquor Con­trol Com­mis­sion­er.  Such books and records need not be main­tained on the licensed premis­es, but must be main­tained in the State of Illi­nois. 

It shall be unlaw­ful for a licensee to refuse to grant admit­tance to any premis­es for which a license has been issued at any time upon the ver­bal request of the Sher­iff, any Sheriff’s Deputy, or the Liquor Con­trol Com­mis­sion­er for the pur­pose of mak­ing an inspec­tion of such premis­es or any part thereof.

Notwith­stand­ing any oth­er pro­vi­sion of this Chap­ter, a restau­rant licensed to sell alco­holic liquor in this Coun­ty may per­mit a patron to remove one unsealed and par­tial­ly con­sumed bot­tle of wine for off-premise con­sump­tion pro­vid­ed that the patron has pur­chased a meal and con­sumed a por­tion of the bot­tle of wine with the meal on the restau­rant premis­es.  A par­tial­ly con­sumed bot­tle of wine that is to be removed from the premis­es pur­suant to this Sec­tion shall be secure­ly sealed by the licensee or an agent of the licensee pri­or to removal from the premis­es and placed in a trans­par­ent one-time use tam­per-proof bag.  The licensee or agent of the licensee shall pro­vide a dat­ed receipt for the bot­tle of wine to the patron.  Pur­suant to 235 ILCS 5/6–33, wine that is resealed in accor­dance with the pro­vi­sions of this Sec­tion and not tam­pered with and trans­port­ed in accor­dance with the restric­tions of sub­sec­tions (a) and (b) of Sec­tion 11–502 of the Illi­nois Vehi­cle Code shall not be deemed to vio­late Sec­tion 11–502 of the Illi­nois Vehi­cle Code. 

(A) No licensee shall allow or per­mit the fol­low­ing acts or con­duct, or the show­ing of films, still pic­tures, elec­tron­ic repro­duc­tion, or oth­er visu­al repro­duc­tion depict­ing the fol­low­ing acts or con­duct, upon licensed premises:

  1. Acts or sim­u­lat­ed acts of sex­u­al inter­course, mas­tur­ba­tion, sodomy, bes­tial­i­ty, oral cop­u­la­tion, fla­gel­la­tion or any sex­u­al act;
  2. Actu­al or sim­u­lat­ed touch­ing, caress­ing or fondling of breasts, but­tocks, pubic hair, anus or genitals;
  3. Actu­al or sim­u­lat­ed dis­play of breasts, but­tocks, pubic hair, anus or genitals;
  4. Per­mit any per­son to remain upon licensed premis­es who expos­es to pubic view any por­tion of his or her breasts, but­tocks, pubic hair, anus or genitals;
  5. A dis­play, show­ing or view­ing of any type depict­ing a live per­for­mance of any act or con­duct pro­hib­it­ed by this Section.

(B) No licensed premis­es shall have a com­mon entrance or pas­sage­way with place of enter­tain­ment or busi­ness in which any of the acts or con­duct described in this Sec­tion are per­formed or allowed to be per­formed. 

(A) It shall be unlaw­ful for any per­son under the age of eigh­teen (18) years to enter upon premis­es where alco­holic liquors, spir­its, beer or wine are sold by the hold­er of a Class “A” license, unless accom­pa­nied by a par­ent or legal guardian.

(B) No license hold­ing a Class “A” license shall per­mit any per­son under the age of eigh­teen (18) years not accom­pa­nied by a par­ent or legal guardian to enter the licensed premis­es.  For the pur­pose of pre­vent­ing the vio­la­tion of this Sec­tion, any hold­er of a liquor license or their agent or employ­ee may refuse to per­mit entry onto the licensed premis­es of any per­son under the age of eigh­teen (18) years who is unable to pro­duce ade­quate writ­ten evi­dence of the fact that the per­son accom­pa­ny­ing such per­son under the age of eigh­teen (18) years is that person’s par­ent or guardian. (Amend­ed in Ordi­nance No. 2009–13)

(A) It shall be unlaw­ful for any per­son under the age of twen­­­ty-one (21) years to attend any bar or to sell, draw, pour or mix any alco­holic liquor in any licensed retail premis­es which holds a Class A, B, C, E, F, G or H license.

(B) It shall be unlaw­ful for any per­son under the age of twen­­­ty-one (21) years to attend any bar or to sell, draw, pour or mix any alco­holic liquor in any licensed retail premis­es which holds a Class D license; pro­vid­ed, how­ev­er, a per­son who has attained the age of eigh­teen (18) years may sell at retail and serve alco­holic liquor as part of the ser­vice of a meal in such licensed retail premis­es.  (Ord. No. 2009–13; 08–17–09) 

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

(A) 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 such alco­holic liquor or have such alco­holic liquor in his possession.

(B) If a licensee, or their agents or employ­ees, believe or have rea­son to believe that a sale or deliv­ery of any alco­holic liquor is pro­hib­it­ed because of the age of the prospec­tive recip­i­ent, he shall, before mak­ing such 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 offi­cial duties.

(C) 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.

(D) No per­son shall pur­chase, accept deliv­ery, or have pos­ses­sion of alco­holic liquor in vio­la­tion of this Chapter.

(E) The con­sump­tion of alco­holic liquor by any per­son under the age of twen­­­ty-one (21) years is forbidden.

(F) The pos­ses­sion and dis­pens­ing or con­sump­tion by a per­son under twen­­­ty-one (21) years of age of alco­holic liquor in the per­for­mance of a reli­gious ser­vice or cer­e­mo­ny, or the con­sump­tion by a per­son under twen­­­ty-one (21) years of age under the direct super­vi­sion and approval of the par­ent or par­ents or those per­sons stand­ing in loco par­en­tis of such per­son under twen­­­ty-one (21) years of age in the pri­va­cy of a home is not pro­hib­it­ed by this Chap­ter.  (Ord. No. 2009–13; 08–17–09) 

(A) No licensee, nor any offi­cer, asso­ciate, mem­ber, rep­re­sen­ta­tive, agent or employ­ee of such licensee shall sell, give or deliv­er alco­holic liquor to any per­son under the age of twen­­­ty-one (21) years, or to any intox­i­cat­ed per­son or to any per­son known by him or her to be under

(B) No per­son, after pur­chas­ing or oth­er­wise obtain­ing alco­holic liquor shall sell, give or deliv­er such alco­holic liquor to anoth­er per­son under the age of twen­­­ty-one (21) years, except in the per­for­mance of a reli­gious cer­e­mo­ny or ser­vice.  (See 235 ILCS 5/6–16)

A licensee shall not per­mit any dis­or­der­ly con­duct or dis­tur­bance of the peace on the licensed premis­es.  A licensee must report, in writ­ing, the occur­rence of any such dis­or­der­ly con­duct or dis­tur­bance of the peace to the Liquor Con­trol Com­mis­sion­er with­in sev­en (7) days.  (See 235 ILCS 5/4–1) 

It is unlaw­ful to keep, place, main­tain, or oper­ate any gam­bling device or instru­ment in and upon the premis­es used or occu­pied as a place where alco­holic liquor is sold or giv­en away unless per­mit­ted under the laws of this State.  (See 720 ILCS 5/28–1) 

It shall be unlaw­ful to ped­dle alco­holic liquor in this Coun­ty.  (See 235 ILCS Sec. 5/4–1) 

 All premis­es used for the retail sale of alco­holic liquor or for the stor­age of such liquor for such sale shall be kept in a clean and san­i­tary con­di­tion, and shall be kept in full com­pli­ance with the laws of this State reg­u­lat­ing the con­di­tion of the premis­es used for the stor­age or sale of food for human con­sump­tion. (See 410 ILCS 650/1, et seq.) 

It shall be unlaw­ful for any per­son to do or com­mit any of the fol­low­ing acts with­in the County:

(A) Drink any alco­holic liquors on any pub­lic street, alley, side­walk, or oth­er pub­lic way with­out spe­cial per­mis­sion grant­ed by the Liquor Con­trol Commissioner.

(B) Drink any alco­holic liquors in any pub­lic park, except with the per­mis­sion of theCountyBoard.

(C) Drink any alco­holic liquors on any pri­vate prop­er­ty with­out per­mis­sion of an own­er thereof.

(D) Appear on or in any pub­lic street, alley, side­walk or oth­er pub­lic place, includ­ing parks and recre­ation areas, in an intox­i­cat­ed condition.

A licensee may sell alco­holic liquor on the day of any nation­al, state, coun­ty or munic­i­pal elec­tion, includ­ing pri­ma­ry elec­tions dur­ing the hours the polls are open, sub­ject to all oth­er pro­vi­sions of this Chap­ter. 

A licensee shall not know­ing­ly per­mit any per­son to leave his premis­es with open liquor or in a “cup-to-go”. 

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 such minors. (See 235 ILCS 5/6–12) 

A 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 the writ­ten per­mit to make such change issued by the Liquor Con­trol 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 Code and the law of this State.  (See 235 ILCS 5/6–11) 

No license shall be issued for the sale of any alco­holic liquor at retail with­in one thou­sand (1,000) feet of any church, school (oth­er than an insti­tu­tion of high­er learn­ing), hos­pi­tal, home for the aged or indi­gent per­sons, or for vet­er­ans, their spous­es 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 pur­pos­es pri­or to the tak­ing effect of this Chap­ter; nor to the renew­al of a license for the sale at retail of alco­holic liquor on the premis­es with­in one thou­sand (1,000) feet of any church or school where such church or school has been estab­lished with­in such one thou­sand (1,000) feet since the issuance of the orig­i­nal license.  In the case of a church, the dis­tance of one thou­sand (1,000) feet shall be mea­sured to the near­est part of any build­ing used for wor­ship ser­vices or edu­ca­tion­al pro­grams and not to prop­er­ty bound­aries.  In the case of a school, the dis­tance of one thou­sand (1,000) feet shall be mea­sured to the near­est prop­er­ty line.

Noth­ing in this Sec­tion shall pro­hib­it the issuance of a license to a church or pri­vate school to sell at retail 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. (See 235 ILCS 5/6–11)

(A) All retail licensees shall main­tain a sched­ule of the prices charged for all drinks of alco­holic liquor to be served and con­sumed on the licensed premis­es or in any room or part there­of.  When­ev­er a hotel or mul­ti-use estab­lish­ment which holds a valid retailer’s license oper­ates on its premis­es more than one estab­lish­ment at which drinks of alco­holic liquor are sold at retail, the hotel or mul­ti-use estab­lish­ment shall main­tain at each such estab­lish­ment a sep­a­rate sched­ule of the prices charged for such drinks at the establishment.

(B) No retail licensee or employ­ee or agent of such licensee shall:

  1. Serve two (2) or more drinks of alco­holic liquor at one time to one per­son for con­sump­tion by that one per­son, except sell­ing or deliv­er­ing wine by the bot­tle or carafe;
  2. Sell, offer to sell or serve to any per­son an unlim­it­ed num­ber of drinks of alco­holic liquor dur­ing any set peri­od of time for a fixed price, except at pri­vate func­tions not open to the gen­er­al public;
  3. Sell, offer to sell or serve any drink of alco­holic liquor to any per­son on any one date at a reduced price oth­er than that charged oth­er pur­chasers of drinks on that day where such reduced price is a pro­mo­tion to encour­age con­sump­tion of alco­holic liquor, except as autho­rized in sub­sec­tion (c)(7) of this Section;
  4. Increase the vol­ume of alco­holic liquor con­tained in a drink, or the size of a drink of alco­holic liquor, with­out increas­ing pro­por­tion­ate­ly the price reg­u­lar­ly charged for the drink on that day;
  5. Encour­age or per­mit, on the licensed premis­es, any game or con­test which involves drink­ing alco­holic liquor or the award­ing of drinks of alco­holic liquor as prizes for such game or con­test on the licensed premis­es; or
  6. Adver­tise or pro­mote in any way, whether on or off the licens­es premis­es, any of the prac­tices pro­hib­it­ed under para­graphs (1) through (5).

(C) Noth­ing in sub­sec­tion (B) of this Sec­tion shall be con­strued to pro­hib­it a licensee from:

  1. Offer­ing free food or enter­tain­ment at any time;
  2. Includ­ing drinks or alco­holic liquor as part of a meal package;
  3. Includ­ing drinks of alco­holic liquor as part of a hotel package;
  4. Nego­ti­at­ing drinks of alco­holic liquor as part of a con­tract between a hotel or mul­ti-use estab­lish­ment and anoth­er group for the hold­ing of any func­tion, meet­ing, con­ven­tion or trade show;
  5. Pro­vid­ing room ser­vice to per­sons rent­ing rooms at a hotel;
  6. Sell­ing pitch­ers (or the equiv­a­lent, includ­ing but not lim­it­ed to buck­ets), carafes, or bot­tles of alco­holic liquor which are cus­tom­ar­i­ly sold in such man­ner and deliv­ered to two (2) or more per­sons at one time; or
  7. Increas­ing prices of drinks of alco­holic liquor in lieu of, in whole, or in part, a cov­er charge to off­set the cost of spe­cial enter­tain­ment not reg­u­lar­ly scheduled.

(See 235 ILCS Sec. 5/6–28)

(A) It shall be unlaw­ful to sell or fur­nish alco­holic liquor at retail between the hours of twelve o’clock (12:00) A.M. Mid­night and six o’clock (6:00) A.M. on any day of the week.

(B) It shall be unlaw­ful to keep open for busi­ness, to admit the pub­lic, to per­mit the pub­lic to remain with­in, or to per­mit the con­sump­tion of alco­holic liquor by any per­son in or upon the licensed premis­es in which alco­holic liquor is sold at retail between the hours of twelve thir­ty (12:30) A.M. and six o’clock (6:00) A.M. on any day of the week; pro­vid­ed, how­ev­er, that any hold­er of a Class “B”, “C”, “D” or “F” license may remain open dur­ing between the hours of twelve thir­ty (12:30) A.M. and six o’clock (6:00) A.M. for pur­pos­es oth­er than the sale of alco­holic liquor. (Amend­ed in Ordi­nance No. 2011-11)

(See 235 ILCS 5/4–1)

The­Coun­ty­Clerk shall pro­vide each hold­er of a Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license with a flu­o­res­cent decal show­ing the year and class of the license.  The licensee shall dis­play the decal on or near the front door or win­dow of the licensed premis­es so that the decal is vis­i­ble to the Sheriff’s patrol.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

A licensee shall cause their license to be framed and hung in plain view in a con­spic­u­ous place on the licensed premis­es.  (See 235 ILCS 5/6–24) 

No license of any class to sell alco­holic liquor shall be issued by the Liquor Con­trol Com­mis­sion­er unless the appli­cant there­for has pre­sent­ed a writ­ten com­mit­ment or “Binder” from a licensed dramshop insur­er to insure the said licensee in an amount not less than the max­i­mum lim­it for recov­ery pro­vid­ed for in 235 ILCS 5/6–21.  The licensee shall con­tem­po­ra­ne­ous with the issuance of a license, present evi­dence of such insur­ance (a dupli­cate pol­i­cy and a paid receipt for the pre­mi­um there­for) to the Liquor Con­trol Com­mis­sion­er.  The licensee’s fail­ure to keep such dramshop insur­ance in force through­out the entire peri­od for which the afore­said license is issued shall be grounds for revo­ca­tion of such license.  (See 235 ILCS 5/1–3.17–1 and 5/5–1(e))

The Liquor Con­trol Com­mis­sion­er shall keep or cause to be kept a com­plete record of all such licens­es issued under this Chap­ter; and shall fur­nish the Coun­ty Clerk, Trea­sur­er, Sher­iff and State’s Attor­ney with a copy of each license.  Upon the issuance of any new license, or the revo­ca­tion of any exist­ing license, the Liquor Con­trol Com­mis­sion­er shall give writ­ten notice of such action to the Deputy Liquor Con­trol Com­mis­sion­ers, the Coun­ty Clerk, the Trea­sur­er, the Sher­iff and the State’s Attor­ney with­in forty-eight (48) hours of such action.  (See 235 ILCS 5/4–1).

All licens­es issued under this Chap­ter shall be signed by the Liquor Con­trol Com­mis­sion­er and attest­ed by the Coun­ty Clerk with the seal of his office affixed there­to and shall state there­on the name of the licensee, the address of the licensed premis­es, the date of issuance of the license, the date of expi­ra­tion of the license and the class of the license.

(A) A licensee may renew their license at the expi­ra­tion there­of, pro­vid­ed they are then qual­i­fied to receive a license and the premis­es for which such renew­al license is sought are suit­able for such pur­pos­es; pro­vid­ed that the renew­al priv­i­lege here­in pro­vid­ed shall not be con­strued as a vest­ed right.

(B) Any license issued to a cor­po­ra­tion shall ter­mi­nate upon trans­fer of own­er­ship from one per­son or per­sons to anoth­er of more than thir­ty per­cent (30%) of the stock of the cor­po­ra­tion, and any appli­ca­tion for renew­al of the license in the corporation’s name sub­se­quent to the trans­fer of own­er­ship of more than thir­ty per­cent (30%) of the stock of the cor­po­ra­tion shall be con­sid­ered and treat­ed as a new application.

(C) When­ev­er a non-cor­po­rate licensee forms a cor­po­ra­tion to oper­ate in lieu of said licensee, a new appli­ca­tion and fee is required even when the share­hold­er or share­hold­ers of said cor­po­ra­tion and the licensee or licensees are one and the same persons.

(D) Fail­ure to apply for renew­al of a license and/or fail­ure to sub­mit the appro­pri­ate fee by the expi­ra­tion date of the exist­ing license may be con­sid­ered by the Liquor Con­trol Com­mis­sion­er as a deci­sion not to renew the license.

Notwith­stand­ing Sec­tion 21–3‑9 of this Chap­ter, the Liquor Con­trol Com­mis­sion­er, upon receipt of a writ­ten appli­ca­tion and a trans­fer fee in the amount of One Hun­dred Dol­lars ($100.00), may autho­rize the trans­fer of any license issued under this Chapter.

A license issued under this Chap­ter shall be pure­ly a per­son­al priv­i­lege, 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.  A license issued under this Chap­ter shall not descend by the laws of tes­tate or intes­tate devo­lu­tion, but it shall cease upon the death of the licensee, pro­vid­ed that execu­tors and admin­is­tra­tors of any estate of the deceased licensee and the trustees of any insol­vent or bank­rupt licensee, when such estate con­sists in part of alco­holic liquor, may con­tin­ue the busi­ness of the sale of alco­holic liquor under the order of the court hav­ing juris­dic­tion of such estate and may exer­cise the priv­i­leges of such deceased, 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 (6) months after the death, bank­rupt­cy or insol­ven­cy of such licensee.  (See 235 ILCS 5/6–1) 

(A) A Class “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” license shall be valid for the peri­od begin­ning Jan­u­ary 1 of any year and end­ing on Decem­ber 31 of the same year.

(B) A Class “I” license may be grant­ed for the fol­low­ing time peri­ods: one (1) day or less; two (2) or more days to a max­i­mum of fif­teen (15) days per loca­tion in any twelve (12) month period.

(C) A Class “J” license shall be valid for a peri­od not to exceed forty-eight (48) hours as deter­mined by the Liquor Con­trol Commissioner.

(D) Any license issued by the Coun­ty Clerk pri­or to the adop­tion of this Chap­ter shall be valid through twelve o’clock (12:00) A.M. Mid­night on Decem­ber 31, 2009; pro­vid­ed, how­ev­er, a licensee hold­ing any such license shall be sub­ject to all oth­er pro­vi­sions of this Chap­ter.  (See 235 ILCS 5/4–1) 

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

The fee for licens­es shall be as follows:

(A) Class A – Tav­ern $900.00

(B) Class B – Pack­age Store $900.00

(C) Class C – Club $900.00

(D) Class D – Restau­rant $500.00

(E) Class E – Wine-Man­u­­­fac­­­tur­er $500.00

(F) Class F ‑Event­Cen­ter $500.00

(G) Class G – Cater­er Retail­er $500.00

(H) Class H – Lim­it­ed Retail Wine       $300.00

(I) Class I – Spe­cial Use $25.00

(J) Class J – Spe­cial Events $25.00

The fee for a Class “J” license may be waived at the dis­cre­tion of the Liquor Con­trol Commissioner.

In the event an ini­tial appli­ca­tion for a Class “A”, “B”, “C”, “D”, “E”, “F”, or “G” license is for a peri­od of less than the full license year, the annu­al fee set forth above shall be reduced in pro­por­tion to the full cal­en­dar months which have elapsed in the license peri­od pri­or to the issuance of the license.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)

The Liquor Con­trol Com­mis­sion­er shall have the pow­er to issue retail liquor licens­es for sell­ing at retail of alco­holic liquor.  Such licens­es shall be issued in the fol­low­ing clas­si­fi­ca­tions and none other:

(A) Class “A” – Tav­ern.  A Class “A” license shall autho­rize the retail sale on the premis­es of alco­holic liquor for con­sump­tion on the premis­es as well as oth­er retail sales of such liquor in the orig­i­nal pack­age which shall be con­sumed on or off the premis­es.  There shall be two (2) Class “A” licenses.

(B) Class “B” – Pack­age Store.  A Class “B” license shall autho­rize the retail sale of alco­holic liquor in the orig­i­nal sealed pack­age, but not for con­sump­tion on the premis­es.  There shall be one (1) Class “B” license.

(C) Class “C” – Club.  A Class “C” license shall autho­rize the retail sale of alco­holic liquor on the premis­es of any club for con­sump­tion on the premis­es as well as oth­er retail sales of such liquor in the orig­i­nal pack­age which shall be con­sumed on or off the premis­es.  There shall be one (1) Class “C” license.

(D) Class “D” – Restau­rant.  A Class “D” license shall autho­rize the retail sale of alco­holic liquor on the premis­es of any restau­rant for con­sump­tion on the premis­es.  There shall be five (5) Class “D” licenses.

(E) Class “E” – Wine-Man­u­­­fac­­­tur­er.  A Class “E” license shall autho­rize wine-tast­ing and the sale of alco­holic liquor for con­sump­tion on the premis­es of any wine-man­u­­­fac­­­tur­er, as well as oth­er retail sales of such liquor in the orig­i­nal sealed pack­age which shall be con­sumed on or off the premis­es.  There shall be twen­ty (20) Class “E” licenses.

(F) Class “F” – Event Cen­ter.  A Class “F” license shall autho­rize the retail sale of alco­holic liquor as a part of pri­vate func­tions on the premis­es of any event cen­ter for con­sump­tion on the premis­es.  There shall be one (1) Class “F” license.

(G) Class “G” – Cater­er Retail­er.  A Class “G” license shall autho­rize the serv­ing of alco­holic liquors by a cater­er retail­er as an inci­den­tal part of a food ser­vice that serves pre­pared meals which excludes the serv­ing of snacks as the pri­ma­ry meal, either on or off-site whether licensed or unli­censed.  There shall be one (1) Class “G” license.

(H) Class “H” – Lim­it­ed Retail Wine.  A Class “H” license shall autho­rize the sale of wine in the orig­i­nal sealed pack­age, but not for con­sump­tion on the premis­es, and in con­junc­tion with the dis­play and sale of oth­er non-alco­holic gift items, and where the sale of non-alco­holic gift items con­sti­tutes a sub­stan­tial por­tion of the licensee’s busi­ness.  There shall be one (1) Class “H” license.

(I) Class “I” – Spe­cial Use.  A Class “I” license shall autho­rize the hold­er of a Class “A”, “B”, “C”, “D”, “E”, “F” or “G” license to trans­fer a por­tion of its alco­holic liquor inven­to­ry from its retail licensed premis­es to a des­ig­nat­ed site for a spe­cif­ic event, and to sell or offer for sale at retail, only in the premis­es spec­i­fied in the request, the trans­ferred alco­holic liquor for use or con­sump­tion, but not for resale in any form.

(J) Class “J” – Spe­cial Events.  A Class “J” license shall autho­rize an edu­ca­tion­al, fra­ter­nal, polit­i­cal, civic, or reli­gious orga­ni­za­tion, orga­nized as a not-for-prof­it orga­ni­za­tion under the laws of this State, to sell or offer wine and beer as part of an event con­duct­ed by the organization.

(Amend­ed in Ordi­nance No 2012–23, 11–30–12)