Title 3: Chapter 2- Liquor Control

3-2-1: 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: Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (1/2%) of alcohol by volume, which is fit for beverage purposes.

BEER: A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, salt and hops in water. This definition includes, among other things, beer, ale, stout, lager beer, porter and the like.

BEER AND WINE ESTABLISHMENT: Any public place kept, used, maintained and advertised where beer and wine are sold for consumption off the premises only. The display of beer and wine shall be separated from other nonalcoholic beverages, food, or dry goods. Only persons who have attained the age of twenty one (21) years shall be permitted to sell beer and wine.

BOWLING ALLEY: An establishment or building or part of an establishment or building wherein the game of bowling, played with composition balls and ten (10) wooden pins, is played.

CLUB: A corporation organized under the laws of this state and not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. Such corporation shall own or lease a building or space in a building which shall be kept, used, and maintained by its members through the payment of annual dues. The owned or leased space shall have a suitable and adequate kitchen and dining room with equipment and accommodations approved by the city’s building and zoning department and the DeKalb County health department. At the time of the initial license application, and with each subsequent license renewal application, each club shall file with the mayor two (2) copies of a list of names and addresses of its members and officers, and shall also regularly update the names and addresses of its officers and new members within thirty (30) days of their appointment to membership or office. No member, officer, or employee of a club shall be paid directly or indirectly from the profits from the distribution or sale of alcoholic liquor, beyond the amount of salary that may be fixed from time to time by the governing body of the club out of the club’s general revenue.

GOLF COURSE: Any eighteen (18) hole facility, public or private, that offers alcoholic beverages for sale to its patrons for consumption on premises only. Space for the consumption of alcoholic beverages shall be limited to an indoor lounge, restaurant, food court, an attached area for outside seating on the golf course itself, from beverage carts on the course itself, or at shelters on contiguous property owned by the governing authority of the golf course, provided that such is done ancillary to catered functions or special events. Any outside seating areas shall be adjunct to the food service business of the lounge, restaurant or food court and shall conform to the following provisions:

A. Shall be owned and operated by the governing authority of the golf course;

B. Shall be enclosed with a nonbarricade type fence or railing or other barrier that allows viewing;

C. Access shall be limited through the licensed premises or monitored entrances that are controlled by employees during all hours when alcohol may be served;

D. Seating shall not be included to meet the required guest seating capacity for any license classification of this chapter;

E. Music may be played in the outdoor area, but may not exceed noise ordinance limits;

F. Except as otherwise provided below, hours of operation for golf course liquor service are restricted from twelve o’clock (12:00) noon until dusk. However, when the clubhouse facility is rented by written agreement for special occasions (such as wedding receptions, birthday parties, anniversary gatherings, etc.) that take place at the clubhouse and have no relation to golf events, the closing hour may be extended to ten o’clock (10:00) P.M. Sunday through Thursday and until twelve o’clock (12:00) midnight Friday and Saturday.

LICENSEE: Any person, firm, corporation, partnership or club holding a license under the provisions of this chapter.

PACKAGE GOODS: Any bottle, flask, jug, can, barrel, keg, hogshead, or other receptacle or container, whatsoever, that is corked, capped, sealed and labeled by the manufacturer of alcoholic liquor for the purpose of containing and conveying alcoholic liquor.

RESTAURANT: Any public place that is kept, used, maintained, advertised and held out to the public to be a place where meals are served, and are actually served, during regular hours, at least five (5) days per week. Restaurants that are licensed to serve liquor shall meet the following standards:

A. Such establishments shall not prepare or sell a substantial volume of food or beverages for consumption off premises. Fast food restaurants are prohibited from serving liquor;

B. Such establishments shall have a sanitary kitchen with a three (3) compartment sink, grease trap, hood suppression system, and other features as may be required by the city’s building and zoning department and the DeKalb County health department;

C. Such establishments shall have one or more fixed seating areas for dining where patrons are served by paid waitstaff. After the effective date hereof, the minimum occupancy for a new restaurant license issued to an establishment that has not heretofore been a licensed liquor establishment in the city of Sycamore shall be one hundred (100) persons if a bar with seats is included. The maximum floor area allowance per occupant shall be fifteen (15) net square feet. For smaller restaurants that do not have a bar with rail and stools, the minimum occupancy shall be twenty (20) persons.

WINE: Any fermented spirits containing not more than twenty percent (20%) of alcohol by volume, which is fit for beverage purposes. (Ord. 2002.86, 4-7-2003; amd. Ord. 2004.14, 6-21-2004; Ord. 2005.15, 6-20-2005; Ord. 2008.06, 5-19-2008; Ord. 2008.18, 7-21-2008)

3-2-2: LOCAL LIQUOR CONTROL COMMISSIONER:

A. Designation: The mayor is hereby designated to be the local liquor control commissioner as defined in section 111 of the liquor control act and shall be charged with the administration of the liquor control act and of such ordinances and resolutions relating to alcoholic liquor as may be enacted by the city council.

B. Powers And Duties: The local liquor control commissioner shall have the following powers and duties with respect to local liquor licenses and any other powers and duties which may be granted from time to time by law:

1. To grant and/or suspend for not more than thirty (30) days or revoke for cause, all local licenses issued to persons or entities for premises within the city. In lieu of suspension or revocation, the local liquor control commissioner may instead levy a fine on the licensee, not to exceed one thousand dollars ($1,000.00) for each violation, subject to limitations on such fine as may be imposed by section 149 of the liquor control act.

2. To enter or authorize any law enforcing officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the state law or city ordinances or any rules or regulations adopted by the city or by the Illinois liquor control commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.

3. To receive complaint(s) from any citizen that any provision of the state law or of this chapter have been or are being violated and to act upon such complaint(s) in the manner provided by law.

4. To receive local license fees and deposit same to the credit of the city.

5. To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the state of Illinois liquor control commission; to examine, or cause to be examined, the books and records of any such applicant or licensee and to hear testimony and take evidence for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the local liquor control commissioner and making recommendations to the local liquor control commissioner under this section, the local liquor control commissioner may appoint a liquor control board consisting of the deputy local liquor control commissioner, the city attorney or his designee, and one member at large who shall be a resident of the city. The local liquor control commissioner shall be an ex officio member of the liquor control board.

6. To order, by issuance of a written order, any licensed premises closed for not more than seven (7) days giving the licensee an opportunity to be heard during that period, if the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the public health, safety and welfare, except if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses. (1994 Code)

3-2-3: LICENSE AND COMPLIANCE REQUIRED:

It shall be unlawful to sell or offer for sale in the city any alcoholic liquor without having a license or in violation of the terms of such license. (1988 Code §13.102)

3-2-4: APPLICATION FOR LICENSE:

Applications for such licenses shall be made to the liquor commissioner, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club, corporation or limited liability company, verified by oath or affidavit, and shall contain the following information and statements:

A. The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit, a club, or a limited liability company, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors; in the case of a corporation, if a majority of the stock of such corporation, in interest, is owned by one person or his nominee, the name and address of such person; or in the case of a limited liability company, if a majority of the membership interest of such company, in interest, is owned by one person or his nominee, the name and address of such person. (Ord. 2005.90, 3-6-2006)

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 is made.

F. The location and description of the premises or place of business which is to be operated under such license.

G. A statement as to whether applicant has made similar application for a similar license on premises other than described in this application and the disposition of such application.

H. 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 chapter, laws of the state or ordinances of the city.

I. Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and the reasons therefor.

J. A statement that the applicant will not violate any of the laws of the state or of the United States or any ordinance of the city in the conduct of his place of business. (1988 Code §13.103; amd. 1994 Code)

K. Any applicant for a newly created city liquor license or any applicant for a renewal of a city liquor license (if the individual has not already submitted such information) is to be fingerprinted whether said applicant is an individual or a partnership. Should the applicant be a corporation, the commissioner may, within his discretion, require the following to be fingerprinted: the officers, manager or director thereof, or any stockholder or stockholders owning the aggregate of more than five percent (5%) of the capital stock of said corporation. The city police department shall do all such fingerprinting. There shall be a fingerprint fee equal to the cost of the investigation or the current fee charged by the investigation service provider. Fees shall be payable to the city or the investigation service provider, as the case may be, at the time the license application is submitted to cover the cost of the investigation application. Such fees are to be paid at time of application and are nonrefundable. (Ord. 2005.90, 3-6-2006)

3-2-5: RESTRICTIONS ON ISSUANCE OF LICENSE:

No such license shall be issued to: (1988 Code §13.104)

A. A person who is not a bona fide resident of the state of Illinois for thirty (30) days prior to the submission of an application for said license. (Ord. 2005.90, 3-6-2006)

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. (1988 Code §13.104)

D. A person who has been convicted of a felony under any federal or state law if determined by the local liquor control commissioner that such person has not been sufficiently rehabilitated to warrant the public trust.

E. A person who has been convicted of being the keeper or is keeping a house of ill fame. (Ord. 2005.90, 3-6-2006)

F. A person who has been convicted of pandering or crimes of sex defined by the criminal laws of this state or any other jurisdiction.

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 under a first application. (1988 Code §13.104)

I. A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license under this chapter for any reason other than residence in the city.

J. A corporation, if any officer, manager or director thereof or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the city. (Ord. 2005.90, 3-6-2006)

K. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.

L. A person who does not 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.

M. No salaried employee who is a law enforcing public official, any mayor or any member of the city council shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

N. Any person not eligible for a state retail liquor dealer’s license. (1988 Code §13.104)

O. A corporation, unless it is incorporated in Illinois or unless it is a foreign corporation which is qualified under the Illinois business corporation act of 1983 to transact business in Illinois.

P. A person who is not a beneficial owner of the business to be operated by the licensee.

Q. A limited liability company, if any member or manager thereof owning more than five percent (5%) of the membership of such company, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the city.

R. A limited liability company unless it is organized and registered in Illinois, or unless it is a foreign limited liability company which is qualified under the business corporation act to transact business in Illinois. (Ord. 2005.90, 3-6-2006)

3-2-6: CLASSIFICATION OF LICENSES; FEES; HOURS AND DAYS:

A. Classifications And Fees:

1. Initial License Fee: Persons or firms that do not currently hold a valid city liquor license shall pay an initial application fee of five thousand dollars ($5,000.00) if their business exceeds three thousand (3,000) square feet in area (inclusive of all interior space such as the kitchen, restrooms, storage, hallways, etc.), or two thousand five hundred dollars ($2,500.00) if their place of business contains less than three thousand (3,000) square feet. This fee is in addition to, and not in place of, any license renewal fees that may apply on an annual basis. Persons or firms that are presently licensed and that may apply for a license in another classification, as defined by this code, are exempt from this initial application fee. The liquor commissioner may, with or without special conditions, modify or waive the initial license fee at his/her discretion with the concurrence of the city council. (Ord. 2002.86, 4-7-2003; amd. Ord. 2008.79, 3-16-2009)

2. Class A; Restaurants: Class A licenses shall apply to establishments that meet the definition in section 3-2-1 of this chapter. This license authorizes the sale of alcoholic liquors for consumption on the premises only, and the sale of alcoholic liquors for consumption off the premises in the context of a catered event permitted by the local liquor control commissioner and this code. The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00). Restaurants may not sell package liquors. Any lawful restaurant on the effective date hereof that does not conform to the provisions of this section or this code by virtue of its retail sale of gourmet wines and beers from an attached but separate space on the premises may be continued in use.

3. Class B; Bar: Class B licenses shall apply to establishments where the sale of alcoholic beverages for consumption on premises constitutes at least eighty percent (80%) of the gross annual receipts for alcoholic beverages. Bars may also sell package liquors, but under no circumstances may a bar be converted to a package goods store unless in conformance with the provisions of this code and by the licensing authority of the liquor control commissioner. The annual fee for class B licenses shall be one thousand five hundred dollars ($1,500.00). Bars that sell package goods shall pay an additional annual fee of two hundred fifty dollars ($250.00). Any lawful establishment on the effective date hereof that does not conform to the provisions of this section or this code in terms of the proportion of package sales and consumption on the premises may be continued in use.

4. Class C; Club: The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00). Clubs may sell package goods. Clubs that sell package goods shall pay an additional annual fee of two hundred fifty dollars ($250.00).

5. Class D; Package Goods Store: Class D licenses authorize the sale of alcoholic liquor for consumption off the premises. The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00).

6. Class E; Recreation:

a. Bowling Alley1: A class E license may authorize the sale of alcoholic liquors for consumption on or off the premises of a bowling alley, provided that establishment shall contain no less than twenty four (24) lanes for bowling. The annual license fee for such licenses shall be one thousand seven hundred fifty dollars ($1,750.00). (Ord. 2002.86, 4-7-2003)

b. Golf Course: A class E license may authorize the sale of alcoholic liquors for consumption on the premises of an eighteen (18) hole golf course subject to the provisions of section 3-2-1of this chapter provided only those persons who have attained the age of twenty one (21) years may pour or serve liquor in such facilities. The annual license fee for such licenses shall be one thousand five hundred dollars ($1,500.00). An additional annual license fee of two hundred dollars ($200.00) shall be charged for the operation of an attached outdoor service area where alcoholic beverages are sold or consumed. Furthermore, for the privilege of having beverage carts operating on the golf course, two hundred dollars ($200.00) shall be the annual license fee charged. The city council may waive the initial license fee for public not for profit bodies. (Ord. 2008.06, 5-19-2008)

7. Class F; Beer And Wine Sales For Consumption Off The Premises: A class F license shall authorize the retail sale of beer or wine only in convenience and food/fuel establishments, in their original packages, for consumption off the premises where sold. Such licenses shall be issued only where the sale of beer or wine is not the principal product offered for sale by the business on the premises, and only for locations which have a minimum of one thousand (1,000) square feet of sales area on the interior of the building located on the premises. Not more than twenty five percent (25%) of the total square footage of the interior of the premises may be allocated toward the sale of beer or wine. Only persons twenty one (21) years of age or older shall be permitted to sell beer and wine on the premises. The annual fee for a class F license shall be one thousand five hundred dollars ($1,500.00). (Ord. 2010.01, 5-17-2010)

8. Class G:

a. Class G licenses, which shall authorize the retail sale of alcoholic liquor for consumption on the premises only and for a period of twenty four (24) hours or less. This license shall only apply to catered functions or special events for not for profit applicants and purposes. No person, firm or organization may obtain a class G license more than once in a period of three hundred sixty five (365) consecutive days. No more than one class G license shall be issued per twenty four (24) hour period by the city of Sycamore. No class G license shall be issued in any area of the city of Sycamore that is zoned R-1, single-family residential district; R-2, two-family residential district; or R-3, multiple-family residential district. Applicants shall provide proof of obtaining a special event permit from the state of Illinois liquor control commission before the issuance of a class G license. All applications shall be forwarded to the liquor commissioner and building commissioner for a recommendation on the maximum number of persons to be allowed on the licensed premises based on the applicable provisions contained in the building code adopted by the city of Sycamore. The fee for said license shall be fifty five dollars ($55.00) per applicant, per year.

b. Applicant shall provide evidence of proper dramshop insurance issued by a company with a B+ rating or better, in a class of 7 or better. Said insurance policy shall be nonassessable and include the following minimum limits of coverage: bodily injury per person, one hundred thousand dollars ($100,000.00); bodily injury per occurrence, three hundred thousand dollars ($300,000.00); injury to means of support, one hundred thousand dollars ($100,000.00) and, property damage, one hundred thousand dollars ($100,000.00).

c. There shall be a minimum of one liquor supervisor for every one hundred (100) persons in attendance during the hours of the license. The liquor supervisors shall be members of the organization holding the license. The liquor supervisors shall ensure the maintenance of the public peace. Each liquor supervisor shall wear an identifying badge during the hours of the event. All badges shall identify the liquor supervisor and the organization. In addition, any organization receiving a class G license shall have one certified alcohol server present at all times during which alcohol is served.

d. Any application for a class G license for an out of doors location shall be accompanied by a statement outlining the procedures to be used to contain the consumption of liquor on the licensed premises only, control littering, and provide adequate restroom facilities. The prohibition against carrying or possessing alcoholic liquor except in the original container with the seal unbroken in section 5-4-12 of this code shall not apply on premises which have been issued a class G license under this section.

e. All premises licensed class G shall have posted in a conspicuous place at each entrance to the area where alcoholic liquor is being served and consumed on the premises, a sign stating the following:

YOU MUST BE 21 YEARS OLD
TO ENTER THESE PREMISES

f. The class G license shall not be issued during Pumpkin Festival week, i.e., the last full week of October in each year. (Ord. 2002.86, 4-7-2003)

9. Class H: Class H licenses shall authorize the retail sale of beer or wine, brewed or fermented either on the premises as a brewer or winemaker, or off the premises if done in connection with a “winemaker retailer (second location)” specialty retailer’s state license (referenced hereafter as “its beer or wine”). Class H licenses shall authorize a winery or microbrewery to:

a. Furnish samples of its beer or wine for consumption on the premises;

b. Sell its beer or wine by the glass for consumption on the premises; and

c. Sell its beer or wine in the original corked, capped, or sealed and labeled container for consumption off the premises.

The annual license fee for H licenses shall be five hundred dollars ($500.00). A class H license holder is authorized to sell food in conjunction with the sale of its beer or wine for consumption on the premises. (Ord. 2013.31, 12-2-2013)

10. Class I (BYOB): Class I (BYOB) licenses shall authorize the consumption of beer and wine which has been brought onto the premises of a business operating as a public accommodation as defined in section 11-42-10.1 of the Illinois municipal code by a patron or patrons for their personal consumption while being served a meal in said establishment. The application fee for class I (BYOB) shall be five hundred dollars ($500.00). The annual license fee for a class I (BYOB) license shall be fifty dollars ($50.00).

a. Only beer and wine are allowed to be consumed on the premises of the holder of a class I (BYOB) license;

b. The license holder is only allowed to provide glasses, ice and an ice holder for the patrons;

c. The license holder, its agents, and/or its employees may open, but shall be prohibited from serving, pouring, and/or storing any wine or beer for its patrons;

d. It shall be unlawful for the license holder, its agents and/or its employees to permit any patron to leave the licensed premises with open wine or beer, and the license holder shall require that patrons who leave with such of their own beer and wine that has not been consumed to do so only in sealed or unopened containers in compliance with Illinois law;

e. No consumption of wine or beer shall be permitted on the premises unless it is served as a complement to the sale of food;

f. A certificate of insurance, reflecting coverage for general liability purposes in such minimum amounts as the liquor commissioner may deem necessary from time to time, shall be presented to the city by the applicant for a class I (BYOB) establishment and the city shall be named as an additional insured on the license holder’s insurance. The provisions of section 3-2-17 of this chapter shall be deemed satisfied by this requirement. Further, the license holder shall agree in writing to save and hold harmless the city’s agents, employees elected and appointed officials from any and all claims or causes of actions arising out of the consumption of alcoholic liquor on the premises as a condition of the license;

g. The hours during which a class I (BYOB) license holder may permit consumption of beer and wine on its premises shall conform identically to the hours applicable to a class A license holder as set forth in subsection B of this section. (Ord. 2009.16, 6-1-2009)

11. Class J: Class J licenses shall authorize the sale of alcoholic liquor for consumption on the premises at the Sycamore community park sports complex in conjunction with college or professional level sporting events. The initial license fee for a class J license shall be five thousand dollars ($5,000.00) and the annual fee for a class J license shall be one thousand five hundred dollars ($1,500.00).

a. Service of alcoholic liquor shall only take place during the time that the athletic or sporting event is in progress.

b. All alcoholic liquor must be consumed on the premises and must be purchased at the concession area of the designated ballpark facility marked out on the main baseball diamond in the Sycamore Community Park Sports Complex (“ballpark facility area”). Alcoholic liquor may only be purchased from authorized vendors serving the ballpark facility area, and no outside liquor shall be brought into the ballpark facility area nor taken outside the ballpark facility area. The ballpark facility area shall be specifically marked and defined by fencing such that it constitutes a distinctly delineated area within the Sycamore Community Park Sports Complex, such that access is of a controlled nature. (Ord. 2009.52, 1-4-2010)

B. Hours: Unless otherwise indicated on the licensee’s license by the city clerk, all places where alcoholic liquor is sold shall be closed between the hours of twelve o’clock (12:00) midnight and six o’clock (6:00) A.M. of every day, with the exception of Fridays and Saturdays, when the closing hour shall be two o’clock (2:00) A.M.; and Sundays, as set forth in subsection C of this section. In addition, all places where alcoholic liquor is sold may remain open until three o’clock (3:00) A.M. on New Year’s Eve, and all places where alcoholic liquor is sold shall be closed on Christmas Eve from eight o’clock (8:00) P.M. until six o’clock (6:00) A.M. Christmas Day. It shall be unlawful to sell alcoholic liquor or permit anyone but the licensee, his employees or members of his family to be on the licensed premises twenty (20) minutes after the closing hour and during the closed hours thereafter. (Ord. 2010.42, 4-4-2011)

C. Sunday Operations: Any class licensee under this chapter may serve or sell liquor as defined in their license on Sundays from ten o’clock (10:00) A.M. until twelve o’clock (12:00) midnight on Monday. (Ord. 2013.09, 5-20-2013)

D. Outdoor Special Events:

1. Outdoor Special Event Defined: An “outdoor special event” is an outdoor public or private event sponsored by any licensed liquor establishment upon any owned or leased premises, other than for the purpose for which said premises are intended, arranged, designed or approved. The term “outdoor special event” shall include any event(s) where the sale, distribution and/or consumption of alcoholic beverages will occur outdoors within or upon any private street, sidewalk, park, or property. (Ord. 97.16, 6-23-1997)

2. Length Of Term: An outdoor special event shall not exceed twenty four (24) hours in duration unless otherwise approved by the liquor commissioner. An outdoor special event permit shall not be issued more than three (3) times within any one year period to any individual parcel and/or address. It is further established that not more than one outdoor special event permit shall be issued at any time in the downtown business district. Multiple outdoor special events may be approved at the discretion of the city manager.

3. Notification Of Property Use: To provide for the general health, welfare, safety and comfort of the general public, any licensed liquor establishment planning to use, or allowing to be used, any properties owned or leased by private or public individuals, firms or corporations for purposes of conducting an outdoor special event, shall notify the city clerk a minimum of thirty (30) days in advance of such event. (Ord. 2013.01, 5-6-2013)

4. Pumpkin Festival Weekend; Permits Prohibited: No special event permit shall be issued for or utilized during Pumpkin Festival weekend, which for purposes of this chapter shall begin on the Wednesday before the last full weekend of October and end at the completion of the last full weekend of October. (Ord. 2000.75, 4-2-2001)

5. Permit Application:

a. Application for an outdoor special event shall be made to the city clerk on forms provided by the city clerk. Said application shall be in writing, signed by the applicant, if an individual, or duly authorized agent thereof if a member of a club, partnership or corporation and verified by oath or affidavit. The permit application shall be in accordance with the provisions as established in this section. (Ord. 97.16, 6-23-1997; amd. Ord. 2000.75, 4-2-2001)

b. The city clerk shall forward the application to the city manager or his designee, who shall obtain comments from the various departments of the city and other applicable regulatory agencies as deemed appropriate, and forward any required revisions, considerations, conditions or comments to the applicant. It shall be the applicant’s responsibility to amend, delete, add or alter any conditions as prescribed by the city which are deemed necessary to comply with the ordinances set forth in this code. It is further the responsibility of the applicant to resubmit a revised plan to the city manager or his designee for final consideration. (Ord. 97.16, 6-23-1997; amd. Ord. 2000.75, 4-2-2001; Ord. 2002.95, 4-21-2003)

c. Upon receipt of an application, the review period for approval or denial shall not exceed ten (10) working days unless otherwise agreed to in writing by the applicant. A recommendation from appropriate city staff will be forwarded to the liquor commissioner, to grant, condition or deny the application. In the event an application is denied, it shall be the responsibility of the liquor commissioner to provide documentation to the applicant outlining the reason(s) for denial as well as any condition or conditions which can be amended by the applicant to facilitate issuance of an outdoor special event permit.

d. Accompanying each application shall be:

(1) A plot plan showing the lot or tract of land where the event will be held, including any existing or proposed structure (including accessory structures) thereon, location of existing or proposed easements, fire lanes, parking arrangements and vehicle access points, electrical supply sources, location of portable fire extinguishers, location of refuse and portable restroom facilities, any existing as well as proposed screening or barricading, and a detailed description of available means of egress or temporary alteration thereof.

(2) Name, address and phone number of all responsible parties conducting, supervising and/or sponsoring a special event.

(3) Proof of insurance (dramshop, liability, etc.) as may be required.

(4) Letters of permission by any property owner affected that may necessitate the acquisition of temporary easements, use of leased land or as otherwise required.

(5) Building permit applications shall be submitted and signed by licensed and bonded contractors (where required) in accordance with code provisions. Provide a detail of any temporary or permanent changes, additions and/or deletions to any structural, electrical, mechanical or plumbing systems necessary to conduct an outdoor special event.

(6) Hours of operation of the outdoor special event.

(7) A detailed description of the hours of operation of any proposed live entertainment activities.

6. Permit Required: It shall be unlawful for any licensed liquor establishment to conduct an outdoor special event within the corporate boundaries of the city without having first secured a permit as prescribed in this section for such activity. Said permittee shall be responsible for compliance with this code and all other applicable county, state and federal regulations. (Ord. 97.16, 6-23-1997; amd. Ord. 2000.75, 4-2-2001)

7. Permit Fee: The permit fee for a special event shall be a cashier’s check, cash or money order in the amount of twenty five dollars ($25.00) per permit application. In addition, a deposit of two hundred dollars ($200.00) will be required for signage, fencing, barricades, cleanup, or any additional city services required. (Ord. 2008.13, 6-2-2008)

8. Issuance Of Permit: Upon approval by the liquor commissioner, said permit shall be issued by the city clerk. Said permit shall be valid for thirty (30) days or as otherwise approved by the liquor commissioner.

9. Permit Denial Or Revocation: An outdoor special event permit application may be denied and/or an outdoor special event permit issued may be revoked if:

a. The validity of the information provided by the applicant is incomplete or fraudulent;

b. The outdoor special event is found to be not in compliance with the ordinances of the city, county, state and/or federal laws;

c. The management, owner or duly authorized agent (permittee) conducts, maintains or allows to exist conditions or violations prohibited by any/all locally adopted building codes or this code; or, allows activities upon the permitted premises which are unlawful or which constitute or may constitute a public nuisance, a breach of the peace, or which are a menace to the health, safety or general welfare of the public;

d. The applicant, owner or permittee is a defaulter of the city;

e. Any lien of the city (i.e., garbage or rubbish removal, weed abatement, etc.) exists upon the property where the outdoor special event is to occur.

10. Penalty: Any person, firm or corporation violating any provision of this section shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 97.16, 6-23-1997; amd. Ord. 2000.75, 4-2-2001)

E. Catered Special Events:

1. Catered Special Event Defined: A “catered special event” is a public or private event sponsored by a private individual or public or private organization for which a licensed liquor establishment has been hired by contract to provide alcoholic beverages on premises owned or leased by the said individual or organization. The term “catered special event” shall include only events that occur in an enclosed premises on property zoned C-1, C-2 or C-3 or having a “special use” that is nonresidential in character (e.g., meeting hall, church, etc.) and shall not include outdoor consumption of alcoholic beverages.

2. Length Of Term: A catered special event shall not exceed twelve (12) hours in duration unless otherwise approved by the liquor commissioner. It is further established that not more than one catered special event permit shall be issued on any one calendar day for any one premises.

3. Notification Of Property Use: To provide for the general health, welfare, safety and comfort of the general public, any licensed liquor establishment planning to conduct a catered special event on any properties owned or leased by private individuals or public or private organizations shall notify the city clerk a minimum of fourteen (14) calendar days in advance of such event.

4. Permit Application:

a. Application for a catered special event shall be made to the city clerk on forms provided by the city clerk. Said application shall be in writing, signed by the applicant, if an individual, or duly authorized agent thereof if a member of a club, partnership or corporation and verified by oath or affidavit. The permit application shall be in accordance with the provisions as established in this section. (Ord. 2002.19, 7-1-2002)

b. The city clerk shall forward the application to the city manager or his designee, who shall obtain comments from the various departments of the city and other applicable regulatory agencies as deemed appropriate, and forward any required revisions, considerations, conditions or comments to the applicant. It shall be the applicant’s responsibility to amend, delete, add or alter any conditions as prescribed by the city which are deemed necessary to comply with the ordinances set forth in this code. It is further the responsibility of the applicant to resubmit a revised plan to the city manager or his designee for final consideration. (Ord. 2002.19, 7-1-2002; amd. Ord. 2002.95, 4-21-2003)

c. Upon receipt of an application, the review period for approval or denial shall not exceed ten (10) working days unless otherwise agreed to in writing by the applicant. A recommendation from appropriate city staff will be forwarded to the liquor commissioner, to grant, condition or deny the application. In the event an application is denied, it shall be the responsibility of the liquor commissioner to provide documentation to the applicant outlining the reason(s) for denial as well as any condition or conditions which can be amended by the applicant to facilitate issuance of a catered special event permit.

d. Accompanying each application shall be:

(1) A plot plan showing the premises where the event will be held and a detailed description of available means of egress or temporary alteration thereof.

(2) Name, address and phone number of all responsible parties conducting, supervising and/or sponsoring a special event.

(3) Proof of insurance (dramshop, liability, etc.) as may be required.

(4) Letters of permission or proof of lease by the owner of the premises.

(5) A detail of any temporary or permanent changes, additions and/or deletions to any structural, electrical, mechanical or plumbing systems necessary to conduct a catered special event.

(6) Hours of operation of the catered special event.

(7) A detailed description of the hours of operation of any proposed live entertainment activities.

5. Permit Required: It shall be unlawful for any licensed liquor establishment to conduct a catered special event within the corporate boundaries of the city without having first secured a permit as prescribed in this section for such activity. Said permittee shall be responsible for compliance with this code and all other applicable county, state and federal regulations. (Ord. 2002.19, 7-1-2002)

6. Permit Fee: The permit fee for a catered event shall be a cashier’s check, cash or money order in the amount of twenty five dollars ($25.00) per permit application. In addition, a deposit of two hundred dollars ($200.00) will be required for signage, fencing, barricades, cleanup, or any additional city services required. (Ord. 2008.13, 6-2-2008)

7. Issuance Of Permit: Upon approval by the liquor commissioner, said permit shall be issued by the city clerk. Said permit shall be valid for thirty (30) days or as otherwise approved by the liquor commissioner.

8. Permit Denial Or Revocation: A catered special event permit application may be denied and/or an outdoor special event permit issued may be revoked if:

a. The validity of the information provided by the applicant is incomplete or fraudulent;

b. The catered special event is found to be not in compliance with the ordinances of the city, county, state and/or federal laws;

c. The management, owner or duly authorized agent (permittee) conducts, maintains or allows to exist conditions or violations prohibited by any/all locally adopted building codes or this code; or, allows activities upon the permitted premises which are unlawful or which constitute or may constitute a public nuisance, a breach of the peace, or which are a menace to the health, safety or general welfare of the public;

d. The applicant, owner or permittee is a defaulter of the city;

e. Any lien of the city (i.e., garbage or rubbish removal, weed abatement, etc.) exists upon the property where the catered special event is to occur.

9. Penalty: Any person, firm or corporation violating any provision of this subsection E shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2002.19, 7-1-2002)

F. Outdoor Restaurant Liquor Sales:

1. Subject to the approval of the liquor commissioner, the sale, service and consumption of alcoholic liquor in an outdoor seating area shall be permitted adjacent to premises licensed to sell alcoholic liquor for consumption on the premises, subject to the following conditions: (Ord. 2002.38, 9-16-2002)

a. The outdoor area is enclosed with a nonbarricade type fence or other barrier that allows viewing of the area from the street;

b. The outdoor area is owned or leased by the licensee;

c. The outdoor area is included as part of the regular food service business located on the licensed premises and alcoholic beverages may be served without food;

d. Access to the outdoor area shall be limited through the licensed premises, or, if not practicable, through monitored entrances that are controlled by employees and/or reasonable fencing of the licensed premises during all operating hours and/or while alcohol is being served;

e. Seating in the outdoor area shall not be included to meet the required guest seating capacity for any license classification as established in this chapter;

f. A sidewalk cafe license as provided in section 7-1-18 of this code shall be required for any outdoor seating area conducted wholly or partially upon city controlled property;

g. Music may be played in the outdoor area, but may not exceed ordinance limits; (Ord. 2002.33, 8-19-2002)

h. The hours of outside operation shall be restricted as follows:

(1) During weekends, hours of permitted operation shall terminate one hour prior to normal closing time as otherwise defined in subsection B of this section.

(2) Except as restricted hereinabove, permitted hours shall be as otherwise provided for in subsection B of this section; (Ord. 2003.95, 3-1-2004)

i. Outdoor service areas shall be permitted only on property zoned C-2, central business and C-3, highway business.

2. Applications for the establishment of an outdoor seating area, or the amendment of an existing outdoor seating area, shall be filed on such forms and with such information as may be directed by the liquor commissioner. The fee for such application shall be two hundred dollars ($200.00). Provided, in the event an outdoor seating area application is filed and processed in conjunction with an application for issuance of a liquor license under this chapter, the outdoor seating area application fee shall be one hundred dollars ($100.00). The liquor commissioner may refer an outdoor seating area application to the chief of police and fire chief for review and comment. (Ord. 2002.33, 8-19-2002)

3-2-7: NUMBER OF LICENSES:

A. Maximum Number Of Licenses:

1. Class A; Restaurants: No limitation except as provided under section 3-2-1, “Definitions”, of this chapter.

2. Class B; Bars: A maximum of ten (10) for the first twelve thousand one hundred (12,100) in population. Thereafter, one class B license shall be authorized for each three thousand (3,000) in population. By a three-fourths (3/4) vote of the corporate authorities, the proration of licenses by population may be waived to accommodate an application for a new bar license.

3. Class C; Clubs: No limitation. (Ord. 2002.86, 4-7-2003)

4. Class D; Package Goods: No limitation. (Ord. 2009.49, 1-4-2010)

5. Class E; Recreation:

a. Bowling Alley: There shall be no more than two (2) class E licenses for each fifteen thousand (15,000) population which shall authorize the sale of alcoholic liquors for consumption on or off the premises of an operating bowling alley; provided, that said bowling alley shall contain not less than twenty four (24) lanes for bowling. Said bowling alley shall derive not less than fifty percent (50%) of its gross revenues from bowling or goods and services other than alcoholic liquor. An area shall be designated within said bowling alley for said service of alcoholic liquor and separated from the rest of the bowling alley, and shall be constructed in accordance with locally adopted building codes. Said area for the service of alcoholic liquor may contain a bar of sufficient size to accommodate no more bar stools than there are lanes in the bowling alley, it being the intention of the corporate authorities to authorize the service of alcoholic liquor only as an adjunct to bowling activities. Additional seats may be installed in a dining area. The local liquor control commissioner, or his designated agent, shall be allowed to examine any records of receipts of the licensee at any time. (Ord. 2002.86, 4-7-2003)

b. Eighteen Hole Golf Course: No limitation. (Ord. 2005.15, 6-20-2005)

6. Class F: No limitation. (Ord. 2010.01, 5-17-2010)

7. Class G: The number of class G licenses in any given year shall be governed by the provisions of section 3-2-6 of this chapter. (Ord. 2002.86, 4-7-2003)

8. Class H; Homebrewing Suppliers And Wineries: The number of licenses in any given year shall be unlimited. (Ord. 2005.27, 7-18-2005)

9. Class I (BYOB): The number of class I (BYOB) licenses in any given year shall be unlimited. (Ord. 2009.16, 6-1-2009)

10. Class J: The number of class J licenses shall be unlimited. (Ord. 2009.52, 1-4-2010)

B. Exception For Existing Licenses: The limitation on the number of licenses herein provided shall not affect licenses in existence at the effective date hereof. However, all existing licenses shall be retitled as per the provisions of section 3-2-6 of this chapter and the number of existing licenses shall be counted in determining the issuance of future licenses. (Ord. 2002.86, 4-7-2003)

3-2-8: TERM OF LICENSE; PRORATION OF FEE:

Each license shall terminate on April 30 next following its issuance. The annual license fee set forth in section 3-2-6 of this chapter shall be paid in advance and there shall be no refund of any portion of the same; except that the annual license fee to be paid shall be reduced in proportion to the full calendar months which have expired if a new application is approved after June 1 of a particular year. (Ord. 2005.28, 8-22-2005)

3-2-9: RENEWAL OF LICENSE:

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 license is sought are suitable for such purpose. (1988 Code §13.111)

3-2-10: TRANSFER OF LICENSE:

A. Personal Privilege: A license shall be a purely personal privilege good for and not to exceed one year after issuance unless sooner revoked as is provided in this chapter 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.

B. Sale Of Corporate Or LLC Interest: When the licensee is a corporation or limited liability company, the license shall terminate whenever fifty percent (50%) or more of the ownership interest therein changes from that shown on the original license application. In such event, the corporation or limited liability company, through its officers, members or manager as the case may be, must make application for the issuance of a new license as provided herein; provided, however, that the provisions of this subsection shall not apply where the transfer of an ownership interest is made to an owner shown on the original license application who owned fifty percent (50%) or more of the ownership interest of such corporation or limited liability company at the time the original application was filed with the city.

C. Death, Bankruptcy Or Insolvency: Such licenses shall not descend by the laws of testate or intestate devolution, but 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 privilege 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 no longer than twelve (12) months after the death, bankruptcy or insolvency of such licensee.

D. Refund: 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. (Ord. 2005.28, 8-22-2005)

3-2-11: BUILDING AND LOCATION RESTRICTIONS:

A. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100′) 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 shall have been established for such purposes prior to the effective date hereof; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet (100′) of any church or school where such church or school has been established within such one hundred feet (100′) since the issuance of the original license. In the case of a church, the distance of one hundred feet (100′) shall be measured to the nearest part of any building used for worship services or education programs and not to property boundaries.

B. 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. (Ord. 2005.90, 3-6-2006)

3-2-12: CONDITIONS OF LICENSE:

A. Change Of Location: A liquor dealer’s license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the mayor. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the statutes of this state and the ordinances of the city. (1988 Code §13.112)

B. Peddling: It shall be unlawful to peddle alcoholic liquor in the city. (1988 Code §13.113)

C. View From Street:

1. Clear View Required: In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than in restaurants, hotel or club), 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 premises, which shall serve to 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 full view of the entire interior of such premises, and the entire space used by the public must be so located that there shall be a full view of the same from the street, road or sidewalk. All rooms where alcoholic liquor is sold for consumption on the premises shall be continually lighted during business hours by natural or artificial white light, so that all parts of the interior of the premises shall be clearly visible.

2. Enforcement: In order to enforce the provisions of this subsection C, 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.

3. Revocation For Violation: In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee or by him wilfully suffered to be obscured or obstructed, such license may be revoked in the manner herein provided2. (1988 Code §13.118)

D. Gambling: There shall be no card games or gambling allowed on any premises licensed to sell alcoholic liquor. (1988 Code §13.120)

E. Election Days: All licensed alcoholic liquor dealers shall henceforth be authorized to sell at retail on the day of any national, state, county or municipal election, including primary elections. (1988 Code §13.109)

3-2-13: SANITARY CONDITIONS:

A. Premises: All premises used for the sale of alcoholic liquor or for the storage of such liquor for sale shall be kept in a clean and sanitary condition and shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption. (1988 Code §13.114)

3-2-14: MINORS:

A. Purchase Unlawful: It shall be unlawful for any person under the age of twenty one (21) years to purchase or obtain any alcoholic liquor in any tavern or other place in the city where alcoholic liquor is sold.

B. Misrepresentation Of Age: It shall be unlawful for any person under the age of twenty one (21) years to misrepresent his age for the purpose of purchasing or obtaining alcoholic liquor in any tavern or other place in the city where alcoholic liquor is sold.

C. Warning To Minors: In every tavern or other place in the city where alcoholic liquor is sold, there shall be displayed, at all times, in a prominent place a printed card which shall be supplied by the city clerk and which shall read substantially as follows:

    Warning to Minors – You are subject to a fine up to $500.00 under the ordinances of the City of Sycamore if you purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.

(1988 Code §13.119)

D. Loitering: It shall be unlawful for any holder of a retail liquor dealer’s license or his agent or employee to suffer or permit any person under the age of twenty one (21) years to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises are located; provided, that this subsection shall not apply to any person under the age of twenty one (21) who is accompanied by his parent or guardian or to any licensed premises which derives its principal business from the sale of service or other commodities than alcoholic liquor.

E. Sales To Persons Under The Age Of Twenty One Years Unlawful: It shall be unlawful to sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years.

F. Employment Of Persons Under The Age Of Twenty One Years: It shall be unlawful for any person under the age of twenty one (21) years to attend any bar or to draw, pour or mix any alcoholic liquor in any licensed retail premises; provided, however, that a lineal descendant of a holder of a retail license for consumption of alcohol on premises issued prior to October 15, 2001, who is at least eighteen (18) years of age may tend, draw, pour or mix alcoholic liquor if supervised by an employee or license holder who is at least twenty one (21) years of age. It shall be unlawful for any person under the age of twenty one (21) years to sell at retail any alcoholic liquor in any licensed retail premises; provided, however, that wait staff in any establishment licensed for consumption on premises where food is served who are eighteen (18) years of age or more may serve alcoholic beverages to customers for consumption on premises and perform all other reasonable and necessary acts in the course of their employment. (Ord. 2001.34, 10-15-2001)

3-2-15: DANCE REGULATIONS:

(Rep. by Ord. 2005.90, 3-6-2006)

3-2-16: SUSPENSION OR REVOCATION OF LICENSE:

The mayor may revoke or suspend any liquor dealer’s license for any violation of any provision of this chapter or for any violation of any state law or regulation pertaining to the sale of alcoholic liquor3. (1988 Code §13.121)

3-2-17: DRAMSHOP INSURANCE:

No license shall be granted or renewed to an applicant until such applicant shall furnish evidence satisfactory to the local liquor control commissioner that such applicant is covered by a policy of dramshop insurance issued by a responsible insurance company authorized and licensed to do business in the state of Illinois insuring such applicant against liability which such applicant may incur under the provisions of 235 Illinois Compiled Statutes 5/6-21. (Ord. 2005.90, 3-6-2006)


Footnote 1: See also chapter 3, article D of this title.

Footnote 2: See section 3-2-16 of this chapter for revocation and suspension provisions.

Footnote 3: See section 3-1-13 of this title.