ARTICLE IV – REGULATIONS

          21-4-1        HOURS OF OPERATION.

          (A)               It shall be unlawful to sell or furnish alcoholic liquor at retail between the hours of twelve o’clock (12:00) A.M. Midnight and six o’clock (6:00) A.M. on any day of the week.

          (B)               It shall be unlawful to keep open for business, to admit the public, to permit the public to remain within, or to permit the consumption of alcoholic liquor by any person in or upon the licensed premises in which alcoholic liquor is sold at retail between the hours of twelve thirty (12:30) A.M. and six o’clock (6:00) A.M. on any day of the week; provided, however, that any holder of a Class “B”, “C”, “D” or “F” license may remain open during between the hours of twelve thirty (12:30) A.M. and six o’clock (6:00) A.M. for purposes other than the sale of alcoholic liquor. (Amended in Ordinance No. 2011-11)

(See 235 ILCS 5/4-1)

          21-4-2        HAPPY HOURS PROHIBITED.

          (A)               All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof.  Whenever a hotel or multi-use establishment which holds a valid retailer’s license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at the establishment.

          (B)               No retail licensee or employee or agent of such licensee shall:

                    (1)     Serve two (2) or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except selling or delivering wine by the bottle or carafe;

                    (2)     Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public;

                    (3)     Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in subsection (c)(7) of this Section;

                    (4)     Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;

                    (5)     Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or

                    (6)     Advertise or promote in any way, whether on or off the licenses premises, any of the practices prohibited under paragraphs (1) through (5).

          (C)               Nothing in subsection (B) of this Section shall be construed to prohibit a licensee from:

                    (1)     Offering free food or entertainment at any time;

                    (2)     Including drinks or alcoholic liquor as part of a meal package;

                    (3)     Including drinks of alcoholic liquor as part of a hotel package;

                    (4)     Negotiating drinks of alcoholic liquor as part of a contract between a hotel or multi-use establishment and another group for the holding of any function, meeting, convention or trade show;

                    (5)     Providing room service to persons renting rooms at a hotel;

                    (6)     Selling pitchers (or the equivalent, including but not limited to buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two (2) or more persons at one time; or

                    (7)     Increasing prices of drinks of alcoholic liquor in lieu of, in whole, or in part, a cover charge to offset the cost of special entertainment not regularly scheduled.

(See 235 ILCS Sec. 5/6-28)

            21-4-3         PROHIBITED LOCATIONS.  No license shall be issued for the sale of any alcoholic liquor at retail within one thousand (1,000) feet of any church, school (other than an institution of higher learning), hospital, home for the 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 the 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 taking effect of this Chapter; nor to the renewal of a license for the sale at retail of alcoholic liquor on the premises within one thousand (1,000) feet of any church or school where such church or school has been established within such one thousand (1,000) feet since the issuance of the original license.  In the case of a church, the distance of one thousand (1,000) feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.  In the case of a school, the distance of one thousand (1,000) feet shall be measured to the nearest property line.

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. (See 235 ILCS 5/6-11)

          21-4-4        CHANGE OF LOCATION.  A license shall permit the sale of alcoholic liquor only on 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 Liquor Control Commissioner.  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 Code and the law of this State.  (See 235 ILCS 5/6-11) 

          21-4-5        STORES SELLING SCHOOL SUPPLIES, LUNCHES, ETC.  No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minors. (See 235 ILCS 5/6-12) 

          21-4-6        OPEN LIQUOR.  A licensee shall not knowingly permit any person to leave his premises with open liquor or in a “cup-to-go”. 

          21-4-7        ELECTION DAYS.  A licensee may sell alcoholic liquor on the day of any national, state, county or municipal election, including primary elections during the hours the polls are open, subject to all other provisions of this Chapter. 

          21-4-8        UNLAWFUL ACTS.  It shall be unlawful for any person to do or commit any of the following acts within the County:

          (A)               Drink any alcoholic liquors on any public street, alley, sidewalk, or other public way without special permission granted by the Liquor Control Commissioner.

          (B)               Drink any alcoholic liquors in any public park, except with the permission of theCountyBoard.

          (C)               Drink any alcoholic liquors on any private property without permission of an owner thereof.

          (D)               Appear on or in any public street, alley, sidewalk or other public place, including parks and recreation areas, in an intoxicated condition.

          21-4-9        SANITARY CONDITIONS.  All premises used for the retail sale of alcoholic liquor or for the storage of such liquor for such sale shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the laws of this State regulating the condition of the premises used for the storage or sale of food for human consumption. (See 410 ILCS 650/1, et seq.) 

          21-4-10      PEDDLING.   It shall be unlawful to peddle alcoholic liquor in this County.  (See 235 ILCS Sec. 5/4-1) 

          21-4-11      GAMBLING. It is unlawful to keep, place, maintain, or operate any gambling device or instrument in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away unless permitted under the laws of this State.  (See 720 ILCS 5/28-1) 

          21-4-12      DISORDERLY CONDUCT ON PREMISES.  A licensee shall not permit any disorderly conduct or disturbance of the peace on the licensed premises.  A licensee must report, in writing, the occurrence of any such disorderly conduct or disturbance of the peace to the Liquor Control Commissioner within seven (7) days(See 235 ILCS 5/4-1) 

          21-4-13      PROHIBITED SALES.

          (A)               No licensee, nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one (21) years, or to any intoxicated person or to any person known by him or her to be under legal disability or in need of mental treatment.

          (B)               No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of twenty-one (21) years, except in the performance of a religious ceremony or service.  (See 235 ILCS 5/6-16)

          21-4-14      UNLAWFUL PURCHASE, ACCEPTANCE OR POSSESSION OF LIQUOR.

          (A)               Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.

          (B)               If a licensee, or their agents or employees, believe or have reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties.

          (C)               No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.

          (D)               No person shall purchase, accept delivery, or have possession of alcoholic liquor in violation of this Chapter.

          (E)               The consumption of alcoholic liquor by any person under the age of twenty-one (21) years is forbidden.

          (F)               The possession and dispensing or consumption by a person under twenty-one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under twenty-one (21) years of age under the direct supervision and approval of the parent or parents or those persons standing in loco parentis of such person under twenty-one (21) years of age in the privacy of a home is not prohibited by this Chapter.  (Ord. No. 2009-13; 08-17-09) 

            21-4-15         PERSONS SELLING LIQUOR.

          (A)               It shall be unlawful for any person under the age of twenty-one (21) years to attend any bar or to sell, draw, pour or mix any alcoholic liquor in any licensed retail premises which holds a Class A, B, C, E, F, G or H license.

          (B)               It shall be unlawful for any person under the age of twenty-one (21) years to attend any bar or to sell, draw, pour or mix any alcoholic liquor in any licensed retail premises which holds a Class D license; provided, however, a person who has attained the age of eighteen (18) years may sell at retail and serve alcoholic liquor as part of the service of a meal in such licensed retail premises.  (Ord. No. 2009-13; 08-17-09) 

(Amended in Ordinance No 2012-23, 11-30-12)

            21-4-16       PERSON ON LICENSED PREMISES.

          (A)               It shall be unlawful for any person under the age of eighteen (18) years to enter upon premises where alcoholic liquors, spirits, beer or wine are sold by the holder of a Class “A” license, unless accompanied by a parent or legal guardian.

          (B)               No license holding a Class “A” license shall permit any person under the age of eighteen (18) years not accompanied by a parent or legal guardian to enter the licensed premises.  For the purpose of preventing the violation of this Section, any holder of a liquor license or their agent or employee may refuse to permit entry onto the licensed premises of any person under the age of eighteen (18) years who is unable to produce adequate written evidence of the fact that the person accompanying such person under the age of eighteen (18) years is that person’s parent or guardian. (Amended in Ordinance No. 2009-13)

          21-4-17         ATTIRE, ENTERTAINMENT, VISUAL DISPLAYS AND CONDUCT ON PREMISES.

          (A)               No licensee shall allow or permit the following acts or conduct, or the showing of films, still pictures, electronic reproduction, or other visual reproduction depicting the following acts or conduct, upon licensed premises:

                    (1)      Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act;

                    (2)      Actual or simulated touching, caressing or fondling of breasts, buttocks, pubic hair, anus or genitals;

                    (3)      Actual or simulated display of breasts, buttocks, pubic hair, anus or genitals;

                    (4)      Permit any person to remain upon licensed premises who exposes to pubic view any portion of his or her breasts, buttocks, pubic hair, anus or genitals;

                    (5)      A display, showing or viewing of any type depicting a live performance of any act or conduct prohibited by this Section.

          (B)               No licensed premises shall have a common entrance or passageway with place of entertainment or business in which any of the acts or conduct described in this Section are performed or allowed to be performed. 

            21-4-18         SEALING AND REMOVAL OF OPEN WINE BOTTLES FROM A RESTAURANT.  Notwithstanding any other provision of this Chapter, a restaurant licensed to sell alcoholic liquor in this County may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises.  A partially consumed bottle of wine that is to be removed from the premises pursuant to this Section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag.  The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron.  Pursuant to 235 ILCS 5/6-33, wine that is resealed in accordance with the provisions of this Section and not tampered with and transported in accordance with the restrictions of subsections (a) and (b) of Section 11-502 of the Illinois Vehicle Code shall not be deemed to violate Section 11-502 of the Illinois Vehicle Code. 

            21-4-19       PREMISES SUBJECT TO INSPECTION.  It shall be unlawful for a licensee to refuse to grant admittance to any premises for which a license has been issued at any time upon the verbal request of the Sheriff, any Sheriff’s Deputy, or the Liquor Control Commissioner for the purpose of making an inspection of such premises or any part thereof.

            21-4-20       BOOKS AND RECORDS.  It shall be the duty of every licensee to make books and records available upon reasonable notice for the purpose of investigation and control by the Liquor Control Commissioner.  Such books and records need not be maintained on the licensed premises, but must be maintained in the State of Illinois. 

            21-4-21       ADOPTION OF STATE LAW BY REFERENCE.  Each and every part of the Act is incorporated into this Chapter by reference and made a part of this Chapter.  A violation of any provision of the Act shall be a violation of this Chapter and shall be subject to penalties as set forth in this Chapter.