Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Article IV - Regulations

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)