§ 10-35. Classification; scope; fees.
(a)
Every person engaged in business in the retail sale of alcoholic liquor in the village shall pay a license fee. Licenses shall be classified in the following manner with the appropriate license fee listed in this section:
(1)
Class A. A class A license shall authorize the retail sale of alcoholic liquor for consumption on the premises as well as retail sale of alcoholic liquor in packages or bottles not for consumption on the premises. Such license may also permit such sales in packages or bottles on the premises, immediately adjacent to those licensed premises where alcoholic liquor is consumed, when such premises are operated under the same name, same ownership, and within the same common building, each day of the week except Sundays. The fee for such license shall be $1,300.00 per year.
(2)
Class B. A class B license shall be for the retail sale of alcoholic liquor, for sale only in packages, or bottles, and not for consumption on the premises, each day of the week except Sundays. The fee shall be $1,300.00; provided, however, that such license may permit distribution of free samples to customers for consumption on the premises.
(3)
Class C. A class C license shall be for the retail sale of alcoholic spirits containing less than 12 percent alcohol by volume only for consumption only on the premises, each day of the week except Sundays. The fee for such license shall be $1,120.00 per year; provided, however, that such license may permit distribution of free samples to customers for consumption on the premises.
(4)
Class D. A class D license is for the sale of alcoholic liquor by a club for consumption on the premises, each day of the week except Sundays. The fee for such license shall be $1,120.00 per year. The holder of such license may permit distribution of free samples to customers for consumption on the premises.
(5)
Class E. A class E license is for the retail sale of alcoholic liquor on Sundays and shall require a prospective licensee to acquire a class A, class B, class C, class D or class J license with an additional fee as follows:
Class A, Sunday sales ..... $300.00
Class B, Sunday sales ..... 180.00
Class C, Sunday sales ..... 180.00
Class D, Sunday sales ..... 180.00
Class J, Sunday sales ..... 150.00
(6)
Class F. The class F license shall constitute a special limited license and shall be designated a "liquor permit." A class F permit shall authorize the retail sale of alcoholic liquor on the specified premises listed in the application to the liquor commissioner. The fee for a class F liquor permit shall be $100.00, which shall be deposited with the application.
a.
A class F permit shall entitle the holder to dispense alcoholic liquor for not more than three consecutive specified days; however, the holder of such permit may not exceed the time and hours established in section 10-84 for other licenses. The holder of a class F permit shall be required to submit proof to the proper village authorities that the holder of the license also possesses the appropriate state license prior to the use of the permit issued under this article.
b.
A class F liquor permit shall be available to profit and not-for-profit or charitable institutions as defined by the state statutes and/or defined by the Internal Revenue Code. The fee for a charitable or not-for-profit institution for a license under this section shall be $5.00. A fee for a holder of a class F license issued under this section for an organization which is not characterized as charitable or not-for-profit shall be $100.00.
c.
In no event shall more than four class F liquor permits be issued during any one calendar year to any one qualified, charitable institution.
d.
Sufficient evidence of dram shop liability insurance and acceptable indemnification to the village must be provided to the liquor commissioner with the applicant permit.
e.
The type of permit or license granted under this subsection (6), known and referred to as a class F license, shall be a permissive license, and shall entitle the holder to the privilege of selling alcoholic beverages pursuant to all Code requirements the same as any other liquor license; however, the holder of this permit, upon acceptance of the permit, specifically waives any and all claims or rights that he may obtain in being granted this special permit, and specifically authorizes the president of the village or his delegate, to revoke the permit at any time with probable cause; and upon acceptance of this type of permit, and consents to all requirements, including the requirement of immediate forfeiture without reason.
f.
The liquor commission and the liquor commissioner may require such additional requirements, and may promulgate such rules and regulations as they deem advisable, and specific authorization is hereby given to the liquor commissioner and the liquor commission to carry out the intent of this subsection, and to require the applicant and the permit holder to satisfy all such regulations as they deem advisable to protect the public interest.
g.
A permit issued under this subsection (6) shall be valid notwithstanding any special use permit requirements of the zoning ordinance, as set forth in chapter 82, to the contrary.
(7)
Class G. A class G license authorizes the retail sale of alcoholic beverages for consumption on the premises of the licensee only, Monday through Saturday, from 1:00 a.m. to 2:00 a.m. The fee for a class G license shall be $180.00 per year.
(8)
Class H. The class H license shall constitute a special and limited license and shall be designated as a "liquor permit." A class H permit shall only be issued to the authorized distributor of beer and wine at the Cherry Valley Festival Days. The fee for a class H liquor permit shall be $100.00 which shall be deposited with the application.
a.
A class H permit shall entitle the holder to dispense beer and wine for not more than three consecutive specified days; however, the holder of such permit may not exceed the time and hours established in section 10-84 for other licenses.
b.
Sufficient evidence of dram shop liability insurance and acceptable indemnification to the village must be provided to the liquor commissioner with the applicant's application.
c.
The type of permit or license granted under this subsection (8), known and referred to as a class H license, shall be a permissive license, and shall entitle the holder to the privilege of selling beer and wine pursuant to all code requirements which are the same as any other liquor license; however, the permit specifically waives any and all claims or rights which he or it may obtain in being granted this special permit, and specifically authorizes the president of the village or delegate to revoke the permit at any time with probable cause; in conscience to all requirements, including the requirement of immediate forfeiture without reason.
d.
The liquor commission and the liquor commissioner may require such additional requirements, and may promulgate such rules and regulations as they deem advisable, to specific authorization and is hereby given to the liquor commissioner and the liquor commission to carry out the intent of this subsection, and to require the applicant and the permit holder to satisfy all such regulations as they seem advisable to protect the public interest.
e.
The permit issued under this subsection (8) shall be valid notwithstanding any special use permit requirements of the zoning ordinance, as set forth in chapter 82, to the contrary.
(9)
Class I. The class I license shall be applicable to those facilities for which the fire protection agency charged with regulating the facility can safely accommodate 1,000 or more people. The class I license shall authorize the retail sale of alcoholic beverages for consumption on the premises seven days a week from 11:00 a.m. through 12:00 midnight and from 12:00 midnight through 1:00 a.m. The fee for a class I liquor license shall be $2,500.00 per year.
(10)
Class J. License. The class J license shall authorize the retail sale of alcoholic beverages not to contain more than 12 percent alcohol per volume on the licensed premises described from a beverage vehicle which would allow for the sale and consumption of these alcoholic beverages on the golf course. Such licenses may be issued to and retained by those establishments which:
a.
Have a daily fee golf course having not less than nine regulation holes, and,
b.
Are, in fact, operated and licensed as a golf course in which the serving of alcoholic beverages is incidental and complimentary to the playing of the game of golf, and,
c.
The licensee can show sufficient evidence of liquor liability insurance coverage (dram shop insurance) and the appropriate state liquor licensing. The annual fee for such license shall be $600.00 per year.
The server from the beverage cart must be 18 years or older. The holder of this license must also hold a class C and a class E license. Alcohol may not be served from 7:00 p.m. until 11:00 a.m. each day of the week.
(11)
Class K license. A class K license authorizes the retail sales of alcoholic beverages for package goods and consumption on the premises of the licensee on Sundays from 9:00 a.m. to 11:00 a.m. The fee for a class K license shall be $100.00 per year. This license shall be in addition to the other licenses authorizing Sunday sales.
(12)
Any holder of a class A, B, C, D or J liquor license may apply for a class L license which class L license shall be required, in order for the applicant to have, locate, operate or maintain video gaming terminals (as defined under the Illinois Video Gaming Act, 230 ILCS 40/1 et seq.) within the class A, B, C, D, or J licensed establishment. Any person holding a class L license shall comply with all provisions of the Illinois Video Gaming Act. The annual fee for a class L license shall be $1,500.00 which fee shall be in addition to the annual class A, B, C, D and J license fee.
The class L license, shall be an annual license issued from May 1 through April 30 of each year. Should a party make application for a class L liquor license during the one-year period of the license, said license shall be prorated based upon the number of days left in the year of the license.
(b)
The holders of class A through I licenses may sell alcoholic beverages for outdoor consumption on property that is immediately adjacent to the licensed premises, provided:
(1)
The area in which the outdoor sale and/or consumption of alcoholic beverages takes place is contiguous to the building on the licensed premises in which the licensee primarily conducts the retail sales of alcoholic beverages;
(2)
The outdoor sale and consumption area is enclosed by a means of a fence;
(3)
Ingress to and egress from the outdoor sale and consumption area is only accessible from and into the building on the licensed premises in which the licensee primarily conducts the retail sales of alcoholic beverages unless specifically authorized to the contrary by the village; and
(4)
The outdoor sales of alcohol on adjacent property to licensees shall not be allowed until such time as a specific request is made by the licensee to the village and the village has set the specific hours of operation.
(Code 1974, § 4-19; Ord. No. 2002-05, § 1, 2-5-2002; Ord. No. 2005-23, § 1, 7-5-2005; Ord. No. 2009-44, § 1, 9-1-2009; Ord. No. 2010-4, § 1, 3-3-2010; Ord. No. 2010-14, § 1, 6-15-2010; Ord. No. 2012-3, § 2, 2-21-2012; Ord. No. 2013-24, § 1, 9-3-2013; Ord. No. 2016-27, §§ 2—5, 9-6-2016)
Note— Section 2 of Ord. No. 2013-24 states, "This Ordinance shall not be applicable to any current holder of a Class A, B, C, D or J license. The Class L license shall be applicable to any party making application prior to May 1, 2014 and for all license holders after May 1, 2014."