HomeMy WebLinkAboutOrdinances - MC-18-1183 - 11/12/2018 - Alcoholic Liquor Code AmendmentCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER MC-18-1183
An Ordinance Amending and Restating Chapter 4, Alcoholic Liquor, of the City of
McHenry's Municipal Code
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
November 12, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 12th day of November, 2018.
ORDINANCE NO r1.L t � ._ 1123
An Ordinance Amending and Restating Chapter 4, Alcoholic
Liquor, of the City of McHenry's Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
WHEREAS, the City has statutory authority to regulate the liquor licenses and licensees
within its territory;
WHEREAS, simplifying the liquor ordinances is in the best interests of the City, including its
licensees and their customers, and the public at large;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 4, Alcoholic Liquor, of the City's Municipal Code shall be amended by
replacing it in its entirety with a new Chapter 4, attached as Exhibit A to this Ordinance. The City
Clerk is directed to reissue, at no cost, new licenses to current licensees reflecting their new assigned
class of license and provide a copy of Exhibit A to each licensee.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye:
Voting Nay:
Absent:
Abstain:
APPROVED:
Mayor ayn Je
(SEAL)
ATTEST:
Deputy Clerk Debra Meadows
Passed: Q 1Al,.
Approved: �� t; ; a w 0& z �;
Z:\M\McHenryCityoflOrdinances\Chaptdr4Approval. doe
ORDINANCE NO. MC-18-1183
An Ordinance Amending and Restating Chapter 4, Alcoholic
Liquor, of the City of McHenry's Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
WHEREAS, the City has statutory authority to regulate the liquor licenses and licensees
within its territory;
WHEREAS, simplifying the liquor ordinances is in the best interests of the City, including its
licensees and their customers, and the public at large;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 4, Alcoholic Liquor, of the City's Municipal Code shall be amended by
replacing it in its entirety with a new Chapter 4, attached as Exhibit A to this Ordinance. The City
Clerk is directed to reissue, at no cost, new licenses to current licensees reflecting their new assigned
class of license and provide a copy of Exhibit A to each licensee.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye: Alderwoman Condon, Alderman Schaefer, Alderman Devine, Alderman Glab,
Alderman Santi
Voting Nay: Alderman Curry
Absent: Alderman Mihevc _
Abstain: 0
APPROVED:
Mayor'
(SEAL) r,
ATTEST:
Deputy Clerk Debra Meadows
Passed: i I �/ aT) I ? /
Approved: f /T, ,-;� G r
Z:\M\McHenryCityof\Ordinances\Chapter4Approval.doc
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I
am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of
McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the r ; .l1^ day of r1�j� �° 2018, the foregoing
Ordinance entitled An Ordinance Amending and Restating Chapter 4, Alcoholic Liquor, of the
City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. j11(', -f �,(j ! � : , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the day of 2018, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian
and keeper of the same.
i✓
GIVEN under my hand and seal this 1 '), day of>��6 ,�„ �,^ 2018.
J,
Debra Meadows, Deputy Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
EXHIBIT A
MUNICIPAL CODE
CHAPTER 4
ALCOHOLIC LIQUOR
Sec. 4-1. Definitions.
Unless the context otherwise requires, the following terms as used in this Chapter shall be
construed according to the definitions given below:
Agent means an authorized representative of the Licensee who has supervisory authority over all
employees of the license premises.
Alcoholic liquor means any spirits, wine, beer, ale or other liquid containing more than one-half
of one per cent (1/2 of 1%) of alcohol by volume, which is fit for beverage purposes.
BASSET means a Beverage Alcohol Sellers and Servers Educational Training program or other
similar program, licensed by the state Liquor Control Commission pursuant to 235 ILCS 5/2-
12(11.1) and 6-27 or Title 77 of the Illinois Administrative Code, Chapter XVI, Section 3500, as
amended.
Catering Endorsement permits the service Alcoholic liquor for off -site consumption as an
incidental part of food service, sold at a package price as agreed upon under contract.
Club means a corporation organized under the laws of this State, not for pecuniary profit, solely
for the promotion of some common object other than the sale or consumption of Alcoholic liquor.
Hotel means any 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-five (25) or more rooms are used for the sleeping accommodations of such guests
and having one or more public dining rooms where meals are served to such guests, such 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.
Restaurant means 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 and regularly served without
sleeping accommodations, such place 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.
Retail sale means the sale for use or consumption, and not for re -sale in any form.
Sec. 4-2. Mayor designated Liquor Control Commissioner; assistants.
The Mayor of the City shall act as Local Liquor Control Commissioner of the City and, in the
event of a conflict preventing the Mayor from so acting, the designated Local Liquor Control
Commissioner is the City Administrator.
Sec. 4-3. License required.
It shall be unlawful to sell or offer for sale at retail in the City any Alcoholic liquor without having
a retail liquor dealer's license, or in violation of the terms of such license.
Sec. 4-4. Applications for licenses.
Applications for licenses required by this Chapter shall be verified in writing and on a form
provided by the City Administrator, signed by the applicant. All applications shall contain the
following information and statements which shall be true and accurate by the person signing the
application:
(a) The name, age and address of the applicant in the case of an individual; in the case of a
partnership, the persons entitled to share in the profits thereof, and in the case of a
corporation, Club, or limited liability company the date of incorporation or organization,
the objects for which it was organized, the names and addresses of the officers, managers,
members, directors, and all shareholders owning more than 5% of the corporate stock or
membership interest.
(b) The citizenship of the applicant(s) and corporation officers, managers and members, their
place of birth and if a naturalized citizen, the time and place of their naturalization.
(c) The length of time that said applicant(s) or company has been in the business of selling
Alcoholic liquor.
(d) The location and description of the premises or place of business which is to be operated
under such license.
(e) A statement whether the applicant(s) or company has made a similar application for a
similar license on premises other than described in this application and the disposition of
such application.
(f) A statement whether applicant(s) or corporation officers, managers and members have ever
been convicted of a felony or have been previously disqualified to receive a license for any
reason.
(g) Whether a previous license held by the applicant(s) or corporation's officers, managers and
members, by any state or subdivision thereof, or by the federal government has ever been
revoked and the reasons therefore.
(h) 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 City in the conduct of the proposed business.
(i) Such additional information that the Local Liquor Control Commissioner determines to be
useful in evaluating the application.
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(j) The name, age, address, and contact information for an Agent who shall at all times be able
to meet with City officials, whether at the licensed premises or elsewhere in the City, to
address concerns about activities at the premises or other issues relating to the license.
See. 4-5. Ineligibility.
No license shall be issued to:
(a) A person who resides more than 10 miles outside the City, unless the Agent designated on
their license application lives within 10 miles of the City.
(b) A person who is not of good character and reputation in the City of McHenry or community
in which they reside.
(c) A person who is not a citizen of the United States.
(d) A person who has been convicted of a felony under any Federal or State law.
(e) A person whose license issued under this Chapter has been revoked for cause.
(f) 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.
(g) A partnership, if any partner would not be eligible to receive a license hereunder for any
reason other than residency within the City, unless the ineligible partners have in the
aggregate less than 5% of the partnership interests.
(h) A limited liability company, if any officer, manager, or member would not be eligible to
receive a license for any reason other than citizenship and residence within the City, unless
the ineligible members own in the aggregate less than 5% of the membership interests.
(i) A corporation, if any officer, manager, director, or stockholder would not be eligible to
receive a license for any reason other than citizenship and residence within the City, unless
the ineligible shareholders own in the aggregate less than 5% of any class of stock.
(j) A trust or any other type of organization that is not a partnership, corporation, or limited
liability company.
(k) A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which
is qualified under the 'Business Corporation Act of 1983" to transact business in Illinois.
(1) A person who has been convicted of a violation of any Federal or State law concerning the
manufacture, possession or sale of Alcoholic liquor, subsequent to the passage of this
Ordinance, or shall have forfeited his bond to appear in Court to answer charges for any
such violation.
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(m) A person who does not beneficially 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 to be issued.
(n) Any person, partnership, limited liability company, or corporation not eligible for a State
retail liquor dealer's license.
(o) Any current City of McHenry police officer, Mayor, Alderman/Alderwoman or department
head, unless authorized by a majority vote of the City Council.
(p) A person who is not a beneficial owner of the business to be operated by the licensee.
(q) Any person whose application for liquor license contains false statements or
misrepresentations thereon.
(r) Any person whose designated Agent would be ineligible for a license under this Section.
Sec. 4-6. License classification and fees; approval authority; limitation on number of licenses.
Licenses required by this Chapter shall be divided into the following classes. The approval and
authority to issue liquor licenses is the responsibility of the Liquor Control Commissioner with the
approval of the City Council. The Liquor Control Commissioner or appointed designee may issue
Class D "Special Event" licenses without prior Council approval when the license does not involve
the use of additional City services or public property.
Upon approval by the City Council of an increase in liquor licenses, the City Clerk is hereby
directed to amend this Section of the City Code to increase the number of liquor licenses
accordingly. Any time a license is revoked or voluntarily surrendered, the maximum number of
authorized licenses of that class will reduce by one, and the City Clerk is hereby directed to amend
this Section of the Code to reflect that reduction.
Liquor licenses are in effect from May Pt through April 30th. In the event a new license is issued
after May 1st, the license fee will be prorated by month to account for the remaining months in the
year (after June 1st = 11 months, after July Pt = 10 months, etc.).
(a) Class A ("Full Bar") license. Issuance of a Class A license shall authorize the sale of
Alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor.
The annual fee for such licenses shall be $1,500.00. A Class A licensee shall be eligible
to apply for a Catering Endorsement for an additional fee of $300, which shall permit the
service Alcoholic liquor for off -site consumption as an incidental part of food service, sold
at a package price, as agreed upon under contract. Nonprofit organizations with a Class A
license shall be eligible to pay a reduced fee of $500 per year to receive and maintain a
Class A license. No more than 39 Class A licenses shall be in force in the City at any time.
(b) Class B ("Table Service") license. Issuance of a Class B license shall authorize the sale
of Alcoholic liquor, for consumption on the premises only and all sales, service, and
consumption of Alcoholic liquor shall only be at tables. No bar sales shall be permitted.
il
The annual fee for a Class B license shall be $800. No more than 17 Class B licenses shall
be in force in the City at any time.
(c) Class C ("Packaged Retail") license. Issuance of a Class C license shall authorize the
Retail sale of packaged Alcoholic liquor only. No consumption of Alcoholic liquor shall
be permitted on the premises. The annual fee for a Class C license shall be $1,100. No
more than 23 Class C licenses shall be in force in the City at any time.
(d) Class D ("Special Event") license. Issuance of a Class D license shall only authorize the
Retail sale of Alcoholic liquor for consumption on the premises during a designated special
event. No such license shall be issued for a license period in excess of 3 days nor shall any
private premises be eligible for more than eight such licenses during any calendar year.
The fee for such license shall be $100.00 per event. The premises shall be considered
unlicensed both immediately before and immediately after any Special Event license
period.
Sec. 4-7. Effect on license if holder becomes ineligible.
If the Licensee identified on the license discontinues operations at the premises described in the
application and license for a period of 30 consecutive days (except as hereafter set forth), or
whenever there is clear evidence of an intent of the licensee to abandon the premises, said license
shall be deemed void, and the license shall cease to exist upon written notice to the Licensee by
the Local Liquor Control Commissioner. Thereafter, the total number of available licenses for that
class shall be reduced by action of the City Council. If said discontinued operation is due to fire or
other such damage wherein the Building Inspector deems the premises uninhabitable, said 30-day
period shall be tolled until occupancy is granted by the Building Inspector.
Sec. 4-8. Disposition of fees.
All license fees shall be paid to the Mayor at the time application is made, and shall be forthwith
turned over to the Finance Director. 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 funds or in such other funds as shall have been designated by the Council.
Sec. 4-9. Personal nature of licenses; expiration date.
A license shall be a purely personal privilege, good for the license period which shall expire on
April 30th next following the date of issuance, unless sooner revoked, 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. Such
license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the
death of the licensee, 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
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 6 months after the death, insolvency or bankruptcy
of such licensee. A refund shall be made of that portion of the license fees paid for any period in
which the licensee shall be prevented from operating under such license in accordance with the
provisions of this Section.
Sec. 4-10. License renewal.
(a) Any licensee may renew his license at the expiration thereof, provided he is then qualified
to receive a license and the premises for which such renewal privilege is sought are suitable
for such purpose; and provided further, that the renewal privilege herein provided for shall
not be construed as a vested right which shall in any case prevent the Mayor and City
Council from decreasing the number of licenses to be issued in his jurisdiction.
(b) A licensee may during the first 15 days of the license period waive his renewal privilege
in writing to a new operator without first making application for a renewal of license in his
own name, thereby surrendering his privilege of renewal.
Sec. 4-11. Effect on license due to change in ownership; transfer fee.
(a) Any changes in partnership, officers, directors, persons holding directly or beneficially
more than 5% of the stock, partnership, membership, or ownership interest, managers of
businesses licensed under this Chapter, shall be reported in writing to the Liquor Control
Commissioner within 10 days of the change. All new personnel shall meet the standards of
this Chapter and must otherwise qualify to hold a liquor license. All such changes in
personnel shall be subject to review by the Local Liquor Control Commissioner within 30
days of the change.
(b) Upon such a change in ownership, the pre-existing license shall be deemed terminated and
the new license shall be applied for by the new ownership, and a transfer fee of $250 shall
be paid.
Sec. 4-12. License for one location only.
Licenses issued hereunder apply only to the premises described in the application and in the license
issued thereon, and only one location shall be so described in each license.
Sec. 4-13. Sales near churches, schools, etc.
No license shall be issued under the terms and conditions of this Chapter for the sale at retail of
any Alcoholic liquor within a distance of 100 feet of any church, school, or hospital. No person
shall hereafter engage in the business of retail of any Alcoholic liquor within a distance of 100 feet
of any undertaking establishment or mortuary. Notwithstanding any provision of this Section to
the contrary, the Local Liquor Commissioner may, in his discretion, based on the circumstances,
grant an exemption to the prohibition in this paragraph.
Sec. 4-14. License revocation authorized.
(a) No person holding a license issued by the City shall, in the conduct of the licensed business
or upon the licensed premises, either directly or through an Agent or employee of the
licensee:
Violate or permit a violation of any federal law or state statute related to the control
of liquor.
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2. Violate or permit a violation of any city ordinance or resolution regulating the sale
of Alcoholic liquor or relating to the eligibility of the licensee to hold a liquor
license.
3. Violate or permit a violation of any rule or regulation of the Illinois Liquor
Control Commission as revised from time to time.
4. Permit the sale and/or consumption of any Alcoholic liquor outdoors except upon
issuance of specific permit by the McHenry City Council.
5. Permit the sale and/or consumption of any Alcoholic liquor outdoors during a
Special Civic Event without an endorsement under Section 4-24.
6. Allow fighting, disorderly conduct or excessive noise constituting a nuisance or
tumultuous conduct of patrons and/or employees of licensee, as defined in the
McHenry City Code, to take place on the licenses premises or on, about and/or
adjacent to the property where the licenses premises are located.
7. Knowingly allow the use, sale or possession of illegal narcotics on the licensed
premise.
8. Allow patrons to serve or distribute Alcoholic liquor to minors on the licensed
premises or allow minors to drink Alcoholic liquor on the licensed premises.
9. Fail to call the City Police Department upon the violation of any City ordinance or
state law relating to fighting, disorderly conduct or excessive noise constituting a
nuisance or tumultuous conduct of patrons and/or employees on the licensed
premises.
10. Submit to the Mayor an application for license containing a false or misleading
statement.
(b) Proof before the Liquor Control Commissioner of the facts which establish a violation of
any federal law, state statute, City ordinance or resolution or rule of the Illinois Liquor
Control Commission shall be sufficient cause for revocation, suspension, alteration of
hours on a temporary or permanent basis and fine of any liquor licensee, irrespective of
whether or not a conviction has been obtained in any court. In addition, the licensee shall
be obligated to reimburse the City for all attorney's fees incurred as a result of the
prosecution of the offending licensee.
(c) All appeals from the decision of the City of McHenry Local Liquor Control Commissioner
shall be limited to a review of the official record of proceedings.
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Sec. 4-15. Relicensing after revocation.
If such license shall be permanently revoked, no license shall be granted to any person for a period
of 1 year thereafter for the conduct of the business of selling Alcoholic liquor in the premises
described in such revoked license.
Sec. 4-16. Hearing on revocation.
No license issued hereunder shall be revoked except after a hearing, with at least 3 days' notice
having been given to the licensee for an opportunity to appear and defend the charges against him.
Sec. 4-17. Peddling.
It shall be unlawful to peddle Alcoholic liquor in the City.
Sec. 4-18. Sanitation generally.
All premises used for the Retail sale of Alcoholic liquor, or for the storage of such liquor for such
sale, shall comply in all respects with the provisions of this Code.
Sec. 4-19. Minimum age of bartenders and persons serving Alcoholic liquor.
No licensee hereunder may employ any person under the age of 21 years for the purpose of
bartending or drawing, pouring, dispensing or mixing any Alcoholic liquor. Provided however,
this Section shall not prohibit licensees from employing persons 18 years of age or older to serve
Alcoholic liquor to customers at tables in Restaurants for consumption on the premises.
Sec. 4-20. Minimum age of persons conducting Retail sale of packaged Alcoholic liquor.
No licensee hereunder may employ any person under the age of 21 years for the purpose of
conducting the sale of any Alcoholic liquor in packages.
Sec. 4-21. Closing hours.
Except as otherwise provided for herein, it shall be unlawful to sell or offer for sale at retail, give
away or deliver, either in, upon or from any licensed premises as follows:
Class A licensees:
• Monday through Friday: between the hours of 1 a.m. and 6 a.m.
• Saturday and Sunday: between the hours of 2 a.m. and 6 a.m.
Provided, however, on Memorial Day (observed), Thanksgiving Day, New Year's Day and
Independence Day (4th of July), when those holidays fall on Monday — Friday, it shall be lawful
for Class A licensees to sell alcoholic liquor until 2 a.m.
Class B & C licensees:
• Between the hours of 12 a.m. and 6 a.m. any day of the week
Class D licensees:
• As defined on the Special Event Liquor License, but not between the hours of
12 a.m. and 6 a.m.
During prohibited hours, it shall be unlawful to keep open for business, to admit the public to, to
permit the public to remain within or to permit the consumption of Alcoholic liquor by employees
or members of the public in or upon the licensed premises. Officers of the City's Police Department
shall be permitted access for purposes of inspection to ensure compliance with this Section.
Sec. 4-22. Use of premises following legal closing hours.
Every location in which Alcoholic liquor is sold under this Chapter shall observe the following
rules and regulations:
(a) Within 15 minutes after required closing, all customers shall be off the premises, and all
containers of alcohol shall be emptied and removed from the areas accessible to customers.
(b) During said 15-minute period, no employee shall be stationed behind the bar or any service
counter for the sale of Alcoholic liquor provided, however, that if there are no customers
on the premises during such period of time, employees may go behind such bar or service
counter for any purpose other than for the sale or dispensation of Alcoholic liquor.
(c) All exterior lights shall be extinguished at the closing hour in effect for that day.
(d) After the expiration of the said 15 minutes, employees may proceed with such nightly
clean-up routine as may be desired in any section of the premises.
(e) No patrons shall be permitted entrance into the premises after the closing hour, and all
doors of the establishment shall be locked at the closing hour.
(f) Employees of any licensed establishment shall immediately upon request admit officers of
the McHenry Police Department for the purpose of inspection of the premises to ensure
compliance with the provisions of this Section.
Sec. 4-23. View from street.
In premises upon which the sale of Alcoholic liquor for consumption on the premises is licensed,
no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the
doors of such licensed premises nor inside such licensed premises, which shall prevent a clear
view into the interior of such licensed 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 interior of such premises which shall prevent a clear and full view of the
entire interior of such premises from the street, road or sidewalk, and such premises shall be so
located as to provide for such a view. All rooms where liquor is sold for consumption upon the
premises shall be continuously lighted during business hours by natural light or by 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 willfully obscured by
the licensee or by him willfully suffered to be obscured or in any manner obstructed, then such
license shall be subject to revocation in the manner herein provided. In order to enforce the
provisions of this Section the Mayor shall have the right to require the filing with the City of plans,
drawings and photographs showing the clearance of the view as above required.
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Sec. 4-24. Special Civic Events.
The City Council and the Local Liquor Control Commissioner may from time to time announce
certain Special Civic Events, such as Fiesta Days, where outdoor and public property alcoholic
sales and consumption may be permitted. Any Class A or B licensee wishing to sell Alcoholic
liquor outdoor and on public property at Special Civic Events must attend a meeting of licensees
at a time and place designated by the Local Liquor Control Commissioner or his designee. Notice
of the meeting will be sent to all Class A and B licensees approximately one month prior to the
Special Civic Event. At the completion of the meeting, each licensee will receive a Special Civic
Event Endorsement permitting off -premise, outdoor and public property sales on a restricted basis
specified in the endorsement.
Sec. 4-25. Purchasing, accepting, possessing, consuming by minors.
(a) The purchase, acceptance or possession of any Alcoholic liquor by any person under the
age of 21 years is forbidden. This Section does not apply to possession by a person under
the age of 21 years making a delivery of an Alcoholic liquor in pursuance of the order of
his parent or in pursuance of his employment.
(b) The consumption of any Alcoholic liquor by any person under the age of 21 years is
forbidden.
(c) The possession and dispensing or consumption by a minor of Alcoholic liquor in the
performance of a religious service or ceremony, or the consumption by a minor under the
direct supervision and approval of the parents or parent of such minor in the privacy of a
home, is not prohibited by this Section.
Sec. 4-26. Sale or delivery to minors.
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 21 years or to any
intoxicated person or to any person known by him to be intoxicated or suffering from any mental
illness. No person, after purchasing or otherwise obtaining Alcoholic liquor, shall sell, give or
deliver such Alcoholic liquor to another person under the age of 21 years, except in the
performance of a religious ceremony or service.
Sec. 4-27. Illinois BASSET Alcohol Certification Program.
(a) Successful completion of a BASSET program, or other similar program as approved by the
Chief of Police and the Illinois Liquor Control Commission, is required for all persons who
sell or serve Alcoholic liquor, all management personnel working in a licensed premises,
and anyone whose job description entails the checking of identification for the purchase of
Alcoholic liquor pursuant to the license.
(b) Any new owner, manager, employee, or Agent requiring BASSET training shall, within 30
days from their first day of employment or other association with a licensee, enroll in a
BASSET approved program and then complete the program successfully within 60 days of
enrollment. Until successful completion of the program, such person shall work under the
direct supervision of a person who is BASSET certified.
10
(c) BASSET certification or other approved training shall be valid only for three years or such
shorter time as may be specified by the certification program. After the certification
expires, re -certification is required. If there is a lapse in certification, the individual must
work under the direct supervision of a person who is BASSET certified. Any lapse in
certification of more than 60 days shall be a violation of this Chapter.
(d) Photocopies of certificates of completion of a BASSET program shall be maintained by
the licensee in a manner that will allow inspection, upon demand, by a member of the
Police Department or the Local Liquor Control Commission. In addition, a copy of each
BASSET certification must be presented to the McHenry Police Department (Investigation
Section) upon completion.
(e) In the event a licensed premises is found to be in violation of any provision of this Chapter
or the Liquor Control Act of 1934 (235 ILCS 511-1 et seq.), the Commissioner, within their
sole discretion, and in addition to any other actions which may be taken in response to
violations of this Chapter, may require all persons who sell or serve Alcoholic liquor and/or
all management personnel working in a licensed premises and/or anyone whose job
description entails the checking of identification for the purchase of Alcoholic liquor
pursuant to the license to re -apply, attend and successfully complete a BASSET program
at the Police Department.
Sec. 4-28. Misrepresenting age.
Any person under the age of 21 years who misrepresents his or her age for the purpose of
purchasing or obtaining Alcoholic liquor from any retail licensee in the City shall be guilty of
violating this Code.
Sec. 4-29. Warning to minors.
All licensees under this Chapter shall display at all times, in a prominent place, a printed card
which shall read substantially as follows:
WARNING TO MINORS
You are subject to a fine of up to $750.00 under the ordinances of the City of McHenry if you
are under the age of 21 and purchase Alcoholic liquor or misrepresent your age for the
purpose of purchasing or obtaining Alcoholic liquor.
Sec. 4-30. Parental responsibility for violations.
Any parent or guardian who shall knowingly suffer or permit any minor child who is his child or
ward, to violate any provision or provisions of this Chapter, shall be guilty of violating this Code.
Sec. 4-31. Prohibitions.
(a) It shall be unlawful for any person maintaining, owning or operating a commercial
establishment located within the City, at which Alcoholic liquor is offered for sale for
consumption on the premises, to permit or allow the following activity to be conducted on
the premises of such a commercial establishment, all of which activity is defined in Article
1 of Chapter 2.50 of this Code: adult business; adult entertainment center; adults -only
11
activity, bookstore, motion picture theater(s), adult -only sauna; nudity; obscene activity;
rap parlor; sadomasochistic activity; or sexual conduct activity.
(b) It shall be unlawful for any establishment defined as an adult business pursuant to the City
of McHenry Zoning Ordinance to sell, distribute or permit Alcoholic liquor on the
premises.
Sec. 4-32. Penalty for violation of Chapter.
Any person, firm or corporation violating any provision of this Chapter shall be subject to license
suspension or revocation, alteration of hours on a temporary or permanent basis and fines of not
less than $400.00 nor more than $1,000.00 for each offense committed on each day during, or on
which, a violation occurs or continues, plus reimbursement of legal fees incurred by the City in
the prosecution of liquor code violations against the licensee.
Z:\M\McHenryCityof\LiquorChapterClean.docx
12
wV
MC enr
CITY OF MCHENRY
APPLICATION FOR LIQUOR LICENSE
This section to
License Numltev
. by McHenry City Staff
Fee Received:
License Issue Date:
Date, Fee Received:
License Effective Date:
Date Receipt Issued:
Payment Type: (Cash, Cashiers
Check, Certified Check
Check Number:
Notice: All Liquor License Applications are to be filed with the Office of the Mayor.
All licenses expire on April 30th following the date of issuance.
ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR
ENTIRETY. IF A SECTION DOES NOT APPLY TO YOU MARK "N/A".
ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION.
Section 1: License Classification
Date of Application: License Type: (Class A, Class B, Class C, Class D)
Catering Endorsement: (Yes / No) New License or Transfer of License (select.one)
Section 2: Applicant Business
Name of Business Address Telephone Email Address
7-
Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation)
Attached Business Filing with State
Principal Type of Business: (Identify One: Bar, restaurant, retail store, hotel restaurant, gas
station, gaming parlor, etc.)
Do you intend to apply for gaming machines through the State of Illinois? (Yes or No)
List State of filing for LLC, Corporation, Partnership and Sole Proprietor:
How long has the sole proprietor, Club, Partnership, Corporation or LLC been in the business of
selling alcohol? (List Date),,
Section 4: Zoning
What Zoning Classification is bdsiness property? (Select O_e:. _ ..
Section 5: Business Location History
Date on which the business opened or will open at the above Business Location:
Is the
property at which the applicant business is located owned or leased by the applicant?
Z OTI
SectionHistory
Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaged in the
business or sale of alcoholic liquor at any other location? (Yes or No)
If Yes, list information below.
Name of Person
Name of associated
corporation, LLC or partnership
DBA Name
Address
Section 8: Business Licensing and Filling Identification
Illinois State Liquor License Number
Applicant's Retailer's Occupational tax (ROT) Registration Number
Has applicant been delinquent in the payment of the Retailer's Occupational
Tax (Sales Tax)? (Yes or No)
If you answered "Yes" above provide a reason otherwise mark N/A.
Section 9: Insurance
List the name and address of dram shop insurance company along with the policy number(s) for both the applicant business
and the owner of the building in which the alcoholic liquor will be sold for the duration of the license.
Name:
Address: Policy Number
Section 10: Background Questionnaire
The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.
All questions must be answered honestly. Failure to do so may disqualify you from the application process.
Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry
pertaining to the sale of alcoholic liquor; and will you abide by them? (Yes or No)
Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might
cause accidents? (Yes or No)
Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the
McHenry Police Department is any such events take place? (Yes or No)
Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed
to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit
in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly
interested in the ownership, conduct or operation of the place of business? (Yes or No)
Have any of the applicants including all listed agents and partners who have a minimum of a 5% ownership in
the business been convicted of any violation of any law pertaining to alcoholic liquors? (Yes or No)
If "Yes" provide the name of the applicant and a description of the violation
Name
Description: include date and location
Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in
the business been convicted of a felony or misdemeanor? (Yes or No)
If "Yes" provide the name of the applicant and a description of the violation
Name
Description: include date and location
Pa e 3 of 7
Section 10 Continued: Background Questionnaire
Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners
of 5% or more shares of the corporation and, the local manager)? (Yes or No)
If "Yes" provide the name of the individual and the date / location of the offense.
Name Date and Location of Offense
Will you and all your employees refuse to serv
e or sell alcoholic liquor to an intoxicated person or to a minor?
(Yes or No)
Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal
wagering stamp by the federal government for the current tax period? If a Corporation, has any officer,
manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (ZO) percent of the
stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for
the current tax period? (Yes or No)
If "Yes" provide name(s), date(s) and location
Name
Date and Location of Issuance
Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license
revoked or suspended? (Yes or No)
If "Yes" provide nome(s), date(s) and location
Name
Date and Location of Offense
Is any individual who is directly or indirectly interested in applicant's place of business, slaw -enforcing official or
elected public official (mayor, alderman, and member of any City commission, committee or board)? (Yes or No)
If "Yes" provide the name of the individual and there address and telephone.
Name
Address and Telephone
Page 4 of 7
Section 11: Ownership Records
A List of all owners, partners, stock holders and members must be listed below.
Owner #1:
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time &place
Employment History for Last
10 Years
Employer
Occupation
Address
Dates
Owner #2:
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time &place
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time &place
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
5Ot7
Owner #4:
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
Owner #5:
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
Owner #6:
Name
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
of 7
Owner #7:
Name
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Employment History for Last 10 Years
Employer Occupation Address Dates
Owner #9:
Name
DOB
Address
Phone
Percentage of Ownership I —�—
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
History for Last 10 Years
Address Dates
7of7
Owner #18:
Name
DOB
Address
Phone
Percentage of Ownership I �—
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Em
for Last 10 Years
Address Dates
I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the
answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and
background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules
stated on this application.
SOLE PROPRIETOR:
Signature of Applicant
Print Name
PARTNERSHIP:
(Authorized Agent of the Partnership)
Signature
Print Name
Title
CORPORATION:
(Authorized Agent of the Corporation)
Signature
Print Name
Title
AGENT: (Must be signed by agent also if agent is not a owner)
Signature of Local Manager
Print Name