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1977-035ORDINANCE NO. 77 LIQUOR CONTROL ORDINANCE BE IT ORDAINED, by the Board of Trustees of the Village of Buffalo Grove, Cook County and Lake Counties, Illinois as follows: Section 1. Local Liquor Commissioner Powers. The President of the Board of Trustees of the Village of Buffalo Grove shall be the local Liquor Commissioner for the Village of Buffalo Grove. Section 2. Ri&ht to Sell. Only such persons, firms or corporations as shall be granted a liquor license in accordance with the provisions of this Ordinance shall be permitted to sell or offer for sale, at retail, or to give away or to keep with the intention of selling at retail or giving away alcoholic liquors in the Village of Buffalo Grove. Section 3. Applications. Applications for such license shall be made to the Local Liquor Commissioner in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof if a corporation, verified by oath or affidavit, and shall contain the following information and statements: (1), The name, age, and address of the applicant in the case of an individual, in the case of a partnership (general or limited) the persons entitled to share in the profits thereof, and in the case of a corporation for profit, the date of incorporation, the objects for which it was organized, the names and addresses of the offic4.rs and directors, and if a majority in interest of the stock of such corporation is owned by one person or his aoi-ainees, the name and address of such person; (2) The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of as naturalization. (3) The character of business of the applicant; and in case of a corporation, the objects for which it was formed; (4) 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-, (5) 'The location and description of the premises or place of business which is to be operated under such license; (6) A statement whether applicant has made similar applica- tion for a similar other license on premises other than describeE in. this application, and the disposition of such application. (7) A statement that applicant has never been convicted of a felony and is not disqualified to receive a'license by reason of any matter or thing contained in this Ordinance, laws of this State, or the Ordinances of this Village. (8) Whether a previous license by any state or subdivision thereof, or by the Federal Government has been revoked, and the reasons therefor, (9) A statement that the applicant will not violate any of the Laws of the State of Illinois or of the United States, or any Ordnance of the Village in the conduct of his place of business. Section 4. Restriction on Licenses. No such license shall be issued to: (1) A person who is not a resident of any city, village or county in which the premises covered by the license are located; except in case of railroad or boat licenses; (2) A person who is not of good character and reputation in the community in which he resides, (3) A person who has been convicted of a felony under any Federal or State law, if the Commission determines, after investiga- tion, that such person has not been sufficiently rehabilitated to warrant the public trust; (�:) A person who has been convicted of being the keeper or is keeping a house of ill fame; (5) A person who has been convicted of pandering or other crime or, misdemeanor opposed to decency and morality; (6) A person whose license issued uder this Ordinance or under the applicable laws of the State of Illinois has been revoked for cause; (7) 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; MR (8) A copartnership, unless all of the members of such co- partnership shall be'qualified to obtain a license; (9) A corporation, if any officer, manager or director tnereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to re- ceive a license hereunder for any reason other than citizenship and residence within the political subdivision; (10) A corporation unless it is incorporated in Illinois, or -unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act to transact business in Illinois; (11) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifica- tions required by the licensee; (12) 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 Act or has forfeited his bond to appear in court to answer charges for any such violation; (13) 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; (14) Any law enforcing public official, including the local liquor control commissions, any mayor, alderman, or member of the city council or commissioner, the president of the village board of trustees, any member of a village board of trustees, or arty presi- de -at or member of a county board; and no such official shall 'be interested in any way, either directly or indirectly , in the manu- facture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises which are not located within the territory subject to the juris- diction of that official if the issuance of such license is approved by the State Liquor Control Commission. (15) A person who is not a beneficial owner of the business to be operated by the licensee; _ 3- (16) 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 proscribed by Section 28-3 of, the "Criminal Code of 1961", approved July 28, 1961 (Chapter 38, Sections, 28-1, 28-3, Illinois Revised Statutes) as heretofore or hereafter amended, or as proscribed by a Statute replaced by any of the aforesaid statutory provisions; (17) A person to whom a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period; (18) A copartnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal govern- ment for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by thie federal goverment for the current tax period; (19) 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 gaming device stamp or a federal wagering stamp for the current tax period; (20)Any premises for which a federal gaming device stanip or a federal wagering stamp has been issued by the federal government for the current tax period. Section 5, Issuance of License, All applications for licenses shall be kept on file in the office of the Local Liquor Control Commissioner, and the fees for all licenses shall be paid to the Village Clerk, who shall certify to the Local Liquor Control Commissioner the names and addresses of all licensees paying fees, together with the class of license for which payment is made, and Lhereupon the said Local Liquor Control Commissioner shall issue the license provided for in this Ordinance to applicants who have complied with all the requirements of this Ordinance, Section 6. Classification -Fees. Such licenses shall be and are hereby divided into six (6) classes, to -wit: () CLASS A LICENSES authorizing the retail sale of alcoholic liquors on the specified premises for consumption on or off specified premises. The annual fee for each such license shall be one thousand five hundred dollars ($1,500,00) per fiscal year beginning May 1, 1977. Class A Licenses shall be limited to one License for the first 10,000 inhabitants and one additional such License for each additional 10,000 inhabitants or fraction thereof. (2) CLASS 3 LICENSES authorizing the retail sale of alcoholic liqtLors on the specified premises, for consumption on or off the premises. The annual fee for each such license shall be one thousand two hundred fifty dollars ($1,250.00) per fiscal year beginning May 1, 197?, Class B licenses shall be limited to one license for the first 10,000 inhabitants and one additional license for each addi- tional 10,000 inhabitants or fraction thereof. (3) CLASS C LICENSES authorizing the retail sale of alcoholic liquors on the specified premises, for consumption on the said premises only , The annual fee for each such license shall be sever. hundred fifty dollars ($750,00) per fiscal year beginning May 1, 1977, Class C licenses shall be limited to one license for the first 6,000 inhabitants and one additional license for each additional 6,000 inhabitants or fraction thereof. (4) CLASS D LICENSES authorizing the retail sale of all alcoholic liquors on the specified premises in original packages only, not for consumption on the premises where sold. The annual fee for each such license shall be one thousand dollars ($1,000.00) Fier fiscal year beginning May 1, 1977. Class C licenses shall be limited to one license for the first 6,000 inhabitants and one additional license for each additional 6,000 inhabitants or fraction thereof. (5) CLASS E LICENSES authorizing the retail sale of beer and wine on the specified premises to be sold only in the original packages and then only for consumption off the premises. The M annual fee for each such license: shall be _=ven hundred fifty dollars ($750,00) per fiscal year or any fraction thereof. Class E licenses shall be limited to one license for the first 6,000 inhabitants and one additional license for each additional 6,000 inhabitants or fraction thereof. (6) CLASS F. LICENSES authorizing the retail sale of alcoholic liquors on the specified premises for consumption an the premises only. Such alcoholic liquors consisting of beer and wine only. The annual license fee for each such license shall be seven hundred fifty dollars ($750.00) per fiscal year beginning May 1, 1977. Class F licenses shall be limited to one license for the first 6,000 inhabitants and one additional such license for each addi- tional 6,000 inhabitants or fraction thereof and all other provisions of said section, as amended, shall remain the same. (7) DEFINITIONS The words beer and wine as used in this Ordinance are defined as follows: WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables con- taining sugar, including such beverages when fortified by the addition of alcohol. BEER: Any beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malts and hops in water, including, among other things, beer, ale, stout, lager beer, porter and the like. The word "packages" as used in this Ordinance shall mean all types of containers. (8) SEMI-ANNUtiL FEES: Notwithstanding the foregoing annual fees, if an application is received by the Village Clerk for any of the above licenses between November lst and April 30th of a fiscal year, said license fee shall be one-half (1/2) of the annual fee, Section 7, Transfer of License. A license shall be purely personal or corporate privilege, good for not to exceed the period for which same is issued, unless sooner revoked, as in this Ordi- nance provided, and shall, not constitute property, nor shall it be subject to attachment, garnishment or execution, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate -6- 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 continue 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 six months after the death, bankruptcy or insolvency of such licensee. Any licensee may renew his or its license at the expiration thereof, provided he or it is then qualified to receive a license and the premises for which such renewal license is sought are suit- able for such purpose. Section E. Change of Location. 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. After a license has been granted for particular premises, the Local Liquor Commissioner, upon proper showing, may endorse said licensee permission to abandon the premises therein described and remove therefrom to other premises approved by him, but in order to obtain such approval, the licensee shall file with the Local Liquor Commissioner a request in writing and a statement r,.nder oath which shall. show that the premises to which removal is made, comply in all respects with the requirements of this Ordinance. The fee for such transfer shall be One Hundred ($100.00) Dollars, payable to the Village Clerk upon application for change of location. Section 9. Term. Each license shall terminate on the 30th day of April next following its issuance. At the time appli- cation is made, the applicant shall pay the Village Clerk the sum set forth in Section 6. Renewal fee shall be due on or before May 1st. In the event the application is denied the whole fee shall be ral'unded. Section 10. ClosL.nf, iL)urs. L (a) No alcoholic liquor shall be sold, given away or ;)ffzred for sale in, upon or about any premises or place of busineso, except with a proper license for same and only during the periods of time as specified in accordance with the class of license for the specified premises: CLASS A Weekdays except Saturdays 6:00 A.M. to 4:00 A.M. Saturdays 6:00 A.M. to 4:00 A.M. Sunday Sundays 9:00 A.M. to 4:00 A.M. Monday CLASS B, C, D AND E Weekdays except Saturdays 7:00 A.M, to 1:00 A.M. Saturdays 7:00 A.M. to 2:00 A.M. Sunday Sundays 9:00 A.M. to 12:00 Midnight CUSS A, B & C Notwithstanding the closing hour restrictions with respect to these classes of licenses, the premises involved may remain open on Few Year's Eve from the A.M, closing hour designated through the opening A.M.hour. CLASS F Weekdays except Saturdays - 7:00 A.M. to 1:00 A.M. Saturdays - 7:00 A.M. to 2:00 A.M. Sunday Sundays - 9:00 A,M. to 12:00 Midnight Alcoholic liquor may be sold or given away or offered for sale during the hours of any election and on Sunday; provided nothing herein set forth shall modify closing hours as otherwise contained in this Ordinance, as amended, Section 11. Location -Restrictions,. No license shall, be issued for thesale of any alcoholic liquor on any premises within 100 feet of any church, school, hospital, home for aged or indigent persons, or for veterans, their wives or children, or a military or naval station or public park or public playground, In deter- mini'l,g the distance provided for in this section, the boundaries of the lot, parcel or land upon which a church, school-, hospital cx. home as herein defined, shall be construed as being the point 'from which measurement shall be taken, Che word "premise,>" -is tierain defined, shall include the lot, plot or parcel of land whirl, -a-d alcoln.olic liguors are sold. I t, I I Section 12, Using Words S"aloonI "'Bar 'Bar I No person licensed to sell alcoholic liquors shall use the word "saloon" or "bar" on any sign or advertisement.. Section 13. Display of License. Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. Section 14. Employment of Minors. It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to engage or employ or permit any minor to tend bar and to draw, pour, mix or take an order for any alcoholic liquor in any licensed retail premises. Section 15. Other Ordinances and Laws to �A2ply, Nothing in this Ordinance shall excuse or relieve the owner, proprietor, or person in charge of any tavern, or other place in the Village of Buffalo Grove where alcoholic liquor is sold, from the restric- tions and requirements of any other Ordinance or Ordinances in the Village of Buffalo Grove or of the Statutes of the State of Illinois, Section 16, Licensing on 2remises for which License is revoked. When any license hereunder shall have been revoked for any cause, at the discretion of the Local Liquor Control Commissioner, no license need be granted to any person, firm or corporation for the period of one year thereafter for the conduct of the sale of alcoholic liquor in the premises described in such revoked license. Section 17, Cessation of Business. Any licensee who ceases to do business or closes his place of business for a period of more than sixty successive days shall be subject to having his license declared forfeited and lapsed by order of the Local Liquor Commissioner. Section 18. Healthand Sanitary Requirements, It shall be the duty of every person, firm or corporation licensed to carry on a business under the provisions of this Ordinance to at all times keep the premises where such business is carried on, clean and in proper sanitary condition. All persons employed or working in any I such premises shall be kept clean and cleanly clothed. All utensils, appliances, vessels, receptacles, refrigerators, closets, rooms or other places or things whatsoever which are used for the purpose of selling or offering for sale, such liquors or of the storing or dispensing of the same, must at all times be kept in a clean, whole- scme and sanitary condition. Section 19. Card -Posting. Every tavern, or place in the Village of Buffalo Grove where alcoholic liquor is sold for beverage purposes shall display at all times in a prominent place a printed card which shall be issued by the Village Clerk and which shall read substantially as follows; WAMNING You are subject to a fine up to $500.00 under the Ordinance of the Village of Buffalo Grove, if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtain- ing alcoholic liquor. Section 20. Purchase by Un6eraged Persons. Any person under the age of 21 years who purchases or obtains any alcoholic liquor, or, in the case of beer and wine, under the age of 19 years, in any tavern or other place in the Village of Buffalo Grove where alcoholic liquor is sold, shall, upon conviction thereof, be subject to a fine of not less than Ten Dollars ($10.00) -nor more than Five Hundred Dollars ($500,00) for each and every offense. Section 21. 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, or, in the case of beer and wine, under the age of 19 years, in any tavern, or other place in the Village of Buffalo Grove where alconolic liquor is sold, shall upon conviction thereof, be subject to a fine of not less than Ten Dollars ($10.00) nor more than Five Hundre�Dollars ($500.00) for each and every offense. Section 22: Selling to Unfit Persons, No licensee shall sell, give or deliver alcoholic liquor to any intoxicated person or to any person known by him to be an habitual drunkard, spend- thrift or insane, feeble-minded or distracted person. Section 23. Parent - Fine, Any parent or guardian who shall knoWin gly suffer or permit any minor child of which he or she may be the parent or guardian, to violate any provision of this Ordinance, shall upon conviction,be subject to a fine of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500,00) for each and every such offense. Section 24. General Penalties, Any person, firm or corpora- tion who shall sell, give away or offer for sale any alcoholic beverage without having first obtained a valid license or who shall make any false statement or otherwise violates any of the provisions of this Ordinance in obtaining a license or who, having obtained a license hereunder, shall violate any of the provisions of this Ordinance where no penalty is otherwise provided, shall, upon con- viction, be subject to a fine of not less than ten dollars ($10.00) nor more than Five Hundred Dollars ($500,00) for each offense and Tehare the offense is in the nature of a continuing offense every day that such violation shall continue shall constitute a separate offense. In addition to the fines provided in the various sections of this Ordinance, any misstatement made by the applicant, or any violation of the terms and conditions of the application or any of the provisions of this Ordinance or the Statutes of the State of 111inois may because for suspension or revocation of the license herein granted by the Liquor Control Commissioner. Section 25 Effect of Partial Invalidity The provisions and sections of this Ordinance shall be deemed to be separate, and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. Section 26 Repeal Ordinance Numbers 60-12, 61-11 61-12, 61-27, 62-8, 64-14, 70-42, 72-15, 75-2, 75-12 and 76-41. are hereby repealed in their entirety. -11- Section 27. Passage, Approval and Publication This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. This Ordinance may be published in pamphlet farm. AYES: 4 - Bogart, Marienthal, Keister, Mendenhall NAYES O _ None ABSENT: 2 - Rech, Stone PASSED: August 8, 1977 APPROVED: August 8, 1977 PUBLISHED: August 10, 1977 ATTEST: APPROVED: IDE T OF BOARD 0 TRUSTEES OF THE VILLAGE OF BUFFALO GROVE "i hereby certify tP,at he ka egoing is a Imle and correct. Copy ci the original ordinarc ,that said carslfiruance uvan gassed on the day of 7 % ; thad the recrrrcl of 'x ,o final watt; it rya s gr� is found, nd rr:r ,cz ar at' that it was on publishr the udy Vmdla&. lair