HomeMy WebLinkAboutOrdinances - MC-07-917 - 07/09/2007 - UPDATE AND REVISED MC CH 4Ordinance No MC-07- 917
An Ordinance providing for updates to
Chapter 4 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 4 Alcoholic Beverages of the City of McHenry Municipal Code is
hereby repealed and replaced with the following:
ALCOHOLIC BEVERAGES*
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:
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.
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 liquors, kept, used,
and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a
building or space in a building, of such extent and character as may be suitable and adequate for the
reasonable and comfortable use and accommodations of its members and their guests and provided with
suitable and adequate dining and kitchen space and equipment and maintaining a sufficient number of
servants and employees for cooking, preparing and serving food and meals for its members and guests;
provided that such club files with the Mayor at the time of its application for a license under this Chapter
two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days
of the election of any additional member, his name and address; and provided further that its affairs and
management are conducted by a board of directors, executive committee or similar body chosen by the
members at their annual meeting, and that no member or any officer, agent or employee of the club is
paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the
distribution or sale of alcoholic liquor to the club or members of the club or its guests introduced by
members beyond the amount of such salary as may be fixed and voted at any annual meeting by the
members or by the board of directors or governing body out of the general revenue of the club.
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.
Cross reference - Alcoholic beverages in parks, Sec. 16-28.
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 Liquor Control Commissioner of the City and he shall be assisted by
the entire Council of the City and each member of the City Council shall be designated as Assistant
Liquor Control Commissioner.
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 to be in violation of the terms of such license.
Sec. 4-4. Applications for licenses.
Applications for licenses required by this Chapter shall be made to the Mayor in writing, signed by the
applicant, if an individual or by duly authorized agent thereof, if a club or corporation, verified by oath
or affidavit. All applications shall contain the following information and statements which shall be true
and accurate by the person signing the affidavit (MC-00-753):
(a) The name, age and address of the applicant in the case of an individual; in the case of a
co -partnership the persons entitled to share in the profits thereof, and in the case of a corporation,
for profit, or a club, the date of incorporation, the objects for which it was organized, the names
and addresses of the officers and directors, and if a majority in interest of the stock of such
corporation is owned by one person or his nominee, the name and address of such person.
(b) The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place
of his naturalization.
(c) The character of business of the applicant; and in case of a corporation, the objects for which it
was formed.
(d) The length of time that said applicant has been in business of that character or in the case of a
corporation, the date on which its charter was issued.
(e) The amount of goods, wares and merchandise on hand at the time application was made.
(f) The location and description of the premises or place of business which is to be operated under
such license.
(g) A statement whether applicant has made a similar application for a similar license on premises
other than described in this application and the disposition of such application.
(h) A statement whether applicant has ever been convicted of a felony or is disqualified to receive a
license by reason of any matter or thing contained in this Chapter, laws of the State, or the
ordinances of this City.
* Cross reference - Licenses generally, Ch. 12.
(i) Whether a previous license by any state or subdivision thereof, or by the federal government has
ever been revoked and the reasons therefor.
(j) 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 his place of business.
(k) Such additional information that the Mayor determines to be useful to him as Liquor Control
Commissioner in evaluating the eligibility of the applicant for license.
Sec. 4-5. Persons ineligible for license. (MC•96-645)
No license shall be issued to:
(a) A person who is not a resident of the City.
(b) A person who is not of good character and reputation in the community in which he resides.
(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, unless the
Commissioner determines that such person has been sufficiently rehabilitated to warrant the
public trust after considering matters set forth in such person's application and the
Commissioner's investigation. The burden of proof of sufficient rehabilitation shall be on the
applicant.
(e) A person who has been convicted of being the keeper or who is the keeper of a house of ill -fame.
(f) A person who has been convicted of pandering or other crime or misdemeanor opposed to
decency and morality.
(g) A person whose license issued under this Chapter has been revoked for cause.
(h) 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.
(i) A co -partnership, if any general partnership thereof, or any limited partnership thereof, owning
more than 5% of the aggregate limited partner interest in such co -partnership would not be
eligible to receive a license hereunder for any reason other than residency within the City.
(j) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders
owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to
receive a license for any reason other than citizenship and residence within the City.
(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) For the purposes of this subsection 4-5(1), the terms "manager" and "agent" shall refer to an
authorized representative of the Licensee who has supervisory authority over all employees of
the licensed premises. The manager/agent must be a full-time employee who is regularly on the
premises during hours when the business is open. (MC-00-753)
(m) 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.
(n) 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.
(o) Any person, association, or corporation not eligible for a State retail liquor dealer's license.
(p) Any law -enforcing public official, any Mayor, Alderman, or member of the City Council, or any
president or member of a county board; and no such official shall be interested in any way, either
directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.
(q) A person who is not a beneficial owner of the business to be operated by the licensee.
(r) A person who has been convicted of a gambling offense as prescribed by any of Subsections
(a)(3) through (a)(10) of Section 28-1 of, or as prescribed by, Section 28-3 of the "Criminal Code
of 1961 ", approved July 28, 1961, as heretofore or hereafter amended or as proscribed by a
statute replaced by any of the aforesaid statutory provisions.
(s) A person to whom a Federal wagering stamp has been issued by the Federal government for the
current tax period.
(t) A co -partnership to which a Federal wagering stamp has been issued by the Federal government
for the current tax period, or if any of the partners have been issued a Federal wagering stamp by
the federal government for the current tax period.
(u) A corporation, if any officer, manager or director thereof, or any stockholder owning in the
aggregate more than 20% of the stock of such corporation has been issued a Federal wagering
stamp for the current tax period.
(v) Any premises for which a Federal wagering stamp has been issued by the Federal government
for the current tax period.
(w) Any person whose application for liquor license contains false statements or misrepresentations
thereon. (MC-00-753)
Sec. 4-6. License classification and fees; limitation on number of licenses.
Licenses required by this Chapter shall be divided into the following classes:
(1) Class A license, which shall authorize the sale of alcoholic liquors for consumption on the
premises and retail sale of packaged liquors. The annual fee for such licenses shall be
$1,400.00. No more than twenty-six Class A licenses shall be in force in the City at any
time. (MC-88 444; MC-89-485; MC-90-535; MC-90-545; MC-91-562; MC-92-577;
MC-92-578; MC-92-585; MC-93-596; MC-95-635; MC-95-642; MC-96-650; MC-96-
661; MC-99-721; MC-99-732; MC-99-735; MC-00-754;MC-00-757; MC-01-764;
MCO1-769; MC-01-771; MC-01-781; MC-01-784; MC-01-785; MC-02-788; MC-02-
803;MC-02-811;MC-02-814;MC-03-818;MC-03-819;MC-03-821;MC-03-825;MC-04-
848;MC-05-862;MC-05-864; MC-05-868;MC-05-872; MC-06-891;MC-07-905)
Class A(1) license, which shall authorize the sale of beer and wine for consumption on the
premises and retail sale of packed beer and wine. The annual fee for a Class Al license
shall be $1,450.00. No more than one Class A(1) license shall be in force in the City at
any one time. (MC-06-893;MC-06-894)
(2) Class B license, which shall authorize the retail sale of beer and wine in packages only, and no
consumption thereof shall be permitted on the premises. Effective April 1, 1993 the
annual fee for such license shall be $700.00. No more than three Class B licenses shall
be in effect within the City at any time. (MC-89-480; MC-89-480; MC-92-585;
MC-93-591; MC-96-650; MC-96-664; MC97-696; MC99-725;MC-01-763;MC-02-
791;MC-03-819A; MC-03-831)
(3) Class D license, which shall authorize a veteran's club to sell alcoholic liquors at retail on the
premises for consumption on the premises only. The annual fee for such license shall be
$100.00. No more than three such Class D license shall be in force in the City at any
time. (MC-89-514; MC-96-650)
(4) Class F(1) license, which shall authorize the sale at retail of alcoholic liquors in packages only,
for consumption off the premises, where more than 50% of the public sales area of said
premises is devoted to alcoholic liquor. The annual fee for such license shall be
$1,100.00. No more than three Class F(1) licenses shall be in force and effect within the
City at any time. (MC-88-462; MC-90-517; MC-92-585; MC-96-650; MC-96-664; MC-
97-673; MC-98-713; MC-99-749;MC-05-863;MC-06-880;MC-06-894; MC-07-911)
Class F(2) license, which shall authorize the sale at retail of alcoholic liquors in packages only,
for consumption off the premises, where more than 50% of the public sales area for said
premises is devoted to goods and commodities other than alcoholic liquor. The annual fee
for such license shall be $800.00. No more than ten Class F(2) licenses shall be in force
in the City at any time.(MC-99-749;MC-00-759;MC —01-763;MC-02-790;MC-02-
802;MC-03-819B;MC-03-822; MC-03-828;MC-05-863)
(5) Class G license, which shall authorize the retail sale of alcoholic and malt liquors on the
premises only; provided, however, that all consumption of alcoholic and malt beverages
shall be at tables, and no bar sales shall be permitted. A small service bar may be utilized
in connection with such table service. Not more than three Class G licenses shall be in
force in the City at any time. Effective April 1, 1993 the annual fee for such license shall
be $700.00. (MC-88-443; MC-88-454; MC-89-485; MC-92-585; MC-93-596,
MC-94-626; MC-98-704); MCOI-769;MC-03-819;MC-07-909).
(6) Class H license, which shall authorize the retail sale of beer and wine on the premises only;
provided, however, that all consumption of beer and wine shall be at tables, and no bar
sales shall be permitted. A small service bar may be utilized in connection with such
table service. No more than three Class H licenses shall be in force in the City at any
time. Effective April 1, 1993 the annual fee for such license shall be $700.00.
(MC-88-443; MC-89492; MC-89-495; MC-90-525; MC-92-572; MC-92-577;
MC-92-585; MC-99-742); MCO1-769; MC-02-796;MC-03-824;MC-03-827;MC04-
848;MC06-883).
(7) Special Event Liquor License, which shall authorize the retail sale of alcoholic liquors for
consumption on non-residential premises only for 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 three such licenses during any calendar year. The fee
for such license shall be $25.00 per event.
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.(MC-95-637; MC-00-753)
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.
See.4-9. Bond.
No bond shall be required by the City, but every applicant for a beverage license shall file with the City
Clerk any bonds which may be required by any act by the Legislature of the State of Illinois or by the
Congress of the United States.
Sec. 4-10. List required; to be current.
The Mayor shall keep or cause to be kept a complete record of all licenses issued by him; and shall
furnish to the Clerk, Finance Director, and Chief of Police a copy thereof; upon the issuance of any new
license or the revocation of any old license, the Mayor shall give written notice of such action to each of
these officers within 48 hours of such action.
Sec. 4-11. Personal nature of licenses; expiration date.
A license shall be a purely personal privilege, good for the license period which shall expire on April
30t' 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. 4-12. 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. 4-13. Effect on license due to change in ownership; transfer fee. (MC-00-753)
(a) Any changes in partnership, officers, directors, persons holding directly or beneficially more
than 5% of the stock 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. 4-14. 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. (MC-95-637)
Sec. 4-15. Sales near churches, schools, etc.
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church,
school, other than an institution of higher learning, hospital, home for 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 sale of alcoholic liquors is not the principal business carried on if such place of
business so exempted is not located in a municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor in premises within
100 feet of any church or school where such church or school has been established within such 100 feet
since the issuance of the original license. In the case of a church, the distance of 100 feet shall be
measured to the nearest part of any building used for worship services or educational programs and not
to property boundaries.
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.
Sec. 4-16. License revocation authorized. (MC-99-721)
(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 the agents or employees of the licensee:
Violate or permit a violation of any federal law or state statute related to the control
of liquor.
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 beverages outdoors absent a
specific permit granted by the McHenry City Council. Exceptions to this restriction
are the following:
a. outside sales and/or consumption from the hours of 11:00 a.m. to 5:00
p.m. during Sidewalk Sales on the Saturday preceding Parade Day
during Fiesta Days;
b. license holders conducting such outdoor sales or consumption as of
April 21, 1999.
5. During Fiesta Days on Parade Day sell or service:
a. carry out alcoholic beverages (not including packaged liquor sales);
or
b. alcoholic beverages in non -original containers, such as plastic cups.
Only original containers, such as cans, bottles, or other glassware
may be used.
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. Allow patrons to serve or distribute alcoholic beverages to minors on the licenses
premises or allow minors to drink alcoholic beverages on the licenses premises.
8. 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.
9. Submit to the Mayor an application for license containing a false or misleading
statement (MC-00-753).
(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 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) Pursuant to Resolution No. R-99-013, passed by the McHenry City Council and pursuant to 235
ILCS 5/7-9, 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.
Sec. 4-17. 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 liquors in the premises described in
such revoked license.
Sec. 4-18. 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.
See.4-19. Peddling.
It shall be unlawful to peddle alcoholic liquor in the City.
Sec. 4-20. Sanitation generally.
All premises used for the retail sales 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. 4-21. Minimum age of bartenders and persons serving alcoholic beverages.
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. (MC-96-643)
Sec. 4-21.1. Minimum age of persons conducting retail sale of packaged alcoholic liquors.
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. 4-22. Closing hours. (MC-00-753)
It shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any
licensed premises, any alcoholic liquor in the City between the hours of 1:00 a.m. and 6:00 a.m. on
Monday, Tuesday, Wednesday, Thursday, and Friday.
It shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any
licensed premises, any alcoholic liquor in the City between the hours of 2:00 a.m. and 6:00 a.m_ on
Saturday.
It shall be unlawful for a Class A Licensee and a Class G Licensee to sell or offer for sale at retail, give
away or deliver, either in, upon or from any licensed premises, any alcoholic liquor in the City between
the hours of 2:00 a.m. and 10:00 a.m. on Sunday.
On the mornings of New Year's Day, Memorial Day (observed), Independence Day (4 h of July) and
Thanksgiving Day, it shall be lawful to sell alcoholic liquor in the City for one additional hour beyond
the aforesaid regular closing hours for that date. Provided, however, when the above holiday falls on
Sunday, regular 2:00 a.m. closing times shall apply.
During the aforesaid 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. 4-23. Use of premises following legal closing hours.
(a) Every location in which alcoholic liquors are sold under this Chapter shall observe the following
rules and regulations:
(1) Within 15 minutes after the legal hours for closing in effect for that day, all customers
shall be off the premises, and all containers of alcohol shall be emptied and removed
from the areas accessible to customers. (MC-00-753)
(2) During said 15-minute period, no employee shall be stationed behind the bar or any
service counter for the sale of alcoholic liquors 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.
(3) All exterior lights shall be extinguished at the closing hour in effect for that day.
(4) 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.
(5) No patrons shall be permitted entrance into the premises after the legal closing hour as
established for such day, and to effect same, the door, or doors, of the establishment shall
be locked at such legal closing hour.
(6) 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 4-23.(MC-00-753)
(b) These rules and regulations shall be printed or duplicated and given to each applicant for a liquor
license at the time of issuance of said license.
Sec. 4-24. View.from street.
In premises upon which the sale of alcoholic liquor for consumption on the premises is licensed (other
than as a restaurant, hotel or club or any bowling establishment), 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 him of plans, drawings and
photographs showing the clearance of the view as above required.
Sec.4-25. Reserved.
Sec. 4-26. 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 beverage 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. 4-26.1. 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 an habitual drunkard, spendthrift, insane, mentally ill, mentally
deficient or in need of mental treatment. 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.4-26.2. Reserved.
Sec. 4-27. 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 a misdemeanor.
Sec. 4-28. 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 $500.00 under the ordinances of the City of McHenry if you
purchase alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining
alcoholic liquor.
Sec. 4-29. 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 a misdemeanor.
Sec. 4-30. Prohibitions. (MC-01-767)
(a) It shall be unlawful for any person maintaining, owning or operating a commercial establishment
located within the City, at which alcoholic beverages are 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 30 of this
Code: adult business; adult entertainment center; adults -only 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 beer or alcoholic beverages on the
premises.
Sec. 4-31. Females soliciting drinks.
No female person, whether an employee of the licensee or an entertainer at the licensee's establishment,
or otherwise, shall solicit, induce or request any patron to purchase any alcoholic or non-alcoholic
beverage for herself or any other person not a patron. No proprietor or operator of any such
establishment shall allow the presence in such establishment of any female who violates the provisions
of this Section.
Sec. 4-32. Penalty for violation of Chapter.
Any person, firm or corporation violating any provision of this Chapter shall be fined not less than
$25.00 nor more than $750.00 for each offense committed on each day during, or on which, a violation
occurs or continues. (MC-96-654)
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 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.
Passed and Approved this 9TH day of JU LY , 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, WIMMER, PiETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: MURGATROYD
Abstain: NONE
APPROVED:
;4w-
N.14yor
(SEAL)
ATTEST:
C y Cler