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;
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(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;
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(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
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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
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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.
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(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.
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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.
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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
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