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HomeMy WebLinkAboutOrdinance # 1905~N ORDINANCE NO. i ~n5 AN ORDINANCE AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE CANTON MUNICIPAL CODE WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interests of the citizens of Canton, Illinois to amend Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code; and WHEREAS, the City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: That Chapter 8 (Intoxicating Liquors) of the Canton Municipal Code be amended to read as follows: CHAPTER 8 INTOXICATING LIQUORS SECTION: 3-8- 1: Definitions 3-8- 2: License Required 3-8- 3: Application 3-8- 4: Classes Of Licenses 3-8- 5: Liquor Control Commissioner 3-8- 6: Residence District; License Restriction 3-8- 7: Hours Of Sale, Closing Hours On New Year's Eve 3-8- 8: License Fee 3-8- 9: Certain Persons; Minors 3-8- 9-1: Warning Signs To Be Posted 3-8-10: Bonds Required 3-8-11: License Restrictions 3-8-12: Interpretation 3-8-13: Reporting Of Incidents To Police; Telephone On Premises 3-8-14: Illegal Activities On Premises 3-8-14.1: Removal Of Alcoholic Liquor From Premises 3-8-15: Revocation 3-8-16: Certain Forms Of Nudity Prohibited 3-8-17: Certain Acts Prohibited 3-8-18: Showing Of Certain Films, Pictures Prohibited 3-8-19: Bartender Permit; Required; Display 3-8-19.1: Bartender Permit; Emergency Approval 3-8-19.2: Bartender Permit; Requisites .. ~~ 3-8-19.3: Bartender Permit; Application; Approval 3-8-19.4: Bartender Permit; Expiration Date; Renewal 3-8-19.5: Bartender Permit; Issuance Of Temporary Permit 3-8-19.6: Bartender Permit; Revocation 3-8-19.7: Bartender Permit; Fee; Duplicate Permit 3-8-19.8: Age Of Employees 3-8-19.9: BASSET Training Required 3-8-20: Notice; Hearing; Appeal 3-8-21: Penalty 3-8-1: DEFINITIONS: Unless the context otherwise requires, the words and phrases herein defined are used in this Chapter in the sense given them in the following definitions: ALCOHOL: The product of distillation of any fermented liquor, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured or wood alcohol. ALCOHOLIC LIQUOR: The phrase "alcoholic liquor" includes the four (4) varieties of liquor above defined, "alcohol, spirits, wine and beer", and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Chapter do not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with the Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent (0.5%) or less, of alcohol by volume. Nor shall the provisions of this Chapter apply to flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this Chapter shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this Chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes. BEER: A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. BOTTLE CLUB OR SET-UP ESTABLISHMENT: An establishment operated or maintained within the City wherein patrons supply or bring to the premises their own alcoholic liquor or beverages and purchase or obtain from the operator mix, ice, glasses or other materials in order to provide themselves with refreshments. CLUB: The word "club" means a corporation organized under the laws of the State of Illinois, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as may be suitable and 2 adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such club files with the Local Commission at the time of its application for a license under this Chapter two (2) copies of a list of the names and residences of its members, and similarly files within ten (10) days of the election of any additional member his name and address; and, provided, further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting, and that no member, or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. PACKAGE STORE: The words "package store" mean a place of business, operated for profit, whose exclusive business is to sell alcoholic beverages at retail in packages for consumption only off the premises and not for consumption on the premises where sold and to sell related items. No bar, chairs and tables shall exist or be maintained on the premises of a package store for use in connection with the consumption of alcoholic beverages on said premises at anytime. The words "package store license" shall mean and have reference to the liquor license required and provided for under this Chapter for the operation of such a business. RESTAURANT: The word "restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served for profit, without sleeping accommodations, with space provided for adequate and sanitary kitchen and dining room equipment and area and where a sufficient number and kind of employees are employed to prepare, cook and serve suitable food for guests or patrons. RESTAURANT, BEER AND WINE LICENSE: The words "restaurant, beer and wine license" mean a place of business, operated for profit, whose primary business is the operation of a restaurant and which is licensed to sell beer and wine at retail as an incident to its primary business for consumption only on the premises thereof and in conjunction with the simultaneous or near simultaneous consumption of food. No bar, chairs and tables shall exist or be maintained on the premises except in connection with the simultaneous or near simultaneous consumption of food. The words "restaurant, beer and wine license" shall mean and have reference to the liquor license required and provided for under this Chapter for the operation of such a business. RETAILER: The word "retailer" means any person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form. 3 ., a. SELL AT RETAIL and SALE AT RETAIL refer to and mean sales for use or consumption and not for resale in any form. SALE: The word "sale" means any transfer, exchange or barter in any manner or by means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. SUPPER CLUB: The words "supper club" mean a place of business, operated for profit, whose primary business is the operation of a restaurant and which is licensed to sell alcoholic beverages at retail as an incident to its primary business for consumption only on the premises thereof and in conjunction with the simultaneous or near simultaneous consumption of food. The words "supper club license" shall mean and have reference to the liquor license required and provided for under this Chapter for the operation of such a business. TAVERN: The word "tavern" means a place of business, operated for profit, whose primary business involves the sale, at retail, of alcoholic beverages for consumption on or off the premises thereof even though food is served as an incident of the primary business. The words "tavern license" shall mean and have reference to the liquor license required and provided under this Chapter for the operation of such a place of business. TO SELL: The words "to sell" include to keep or expose for sale and to keep with intent to sell. WINE: Any alcoholic beverage obtained by fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined. 3-8-2: LICENSE REQUIRED: It shall be unlawful and a violation of this Chapter for any person to sell or offer for retail sale any alcoholic liquor or operate and maintain a bottle club or set-up establishment within the Corporate limits of the City without having first obtained a license to do so as hereinafter provided. 3-8-3: APPLICATION: Any person desiring a license hereunder shall make application therefor to the Local Liquor Control Commission, as established by the Statutes of the State, upon a form of application to be provided by said Commission. New and initial licenses for any class of license shall only be issued after application to the Local Liquor Control Commission, referral by the Commission to the corporate authorities and then by the Commission only after authorization therefor by a majority vote of the corporate authorities. Subsequent licenses may be issued by the Commission. 4 3-8-4: CLASSES OF LICENSES: Licenses for the retail sale of alcoholic liquor or operation and maintenance of a bottle club or set-up establishment within the Corporate limits of the City shall be divided into the following classes: (A) Class A, Tavern License. 1. Class A licenses shall authorize the retail sale of alcoholic liquors on the premises of any tavern for consumption on the premises, as well as other retail sales of such liquor for consumption off said premises. 2. Subclass A. A temporary supplemental license must be obtained for the retail sale of alcoholic beverages in an outdoor beer garden or cafe or a sidewalk restaurant adjacent to the licensed premises. Such a license must be applied for and obtained for each outside event (or 1 per day). A temporary supplemental license will be limited to the hours of eleven o'clock (11:00) a.m. to ten o'clock (10:00) p.m. Sunday through Thursday and eleven o'clock (11:00) a.m. to twelve o'clock (12:00) midnight Friday and Saturday. All events subject to a temporary supplemental license whereby outside entertainment will be permitted are further subject to the provisions of §3-8-4(A)(2)(b) below. (a) Application for this license must be made for any outdoor event where alcoholic beverages are sold at retail. To apply for this supplemental temporary license, the licensee shall file its request, in writing, with the Canton Liquor Commission. Application for the temporary license must be received fourteen (14) days in advance of the event. A nonrefundable application fee of ten dollars ($10.00) shall be paid by the licensee requesting this supplemental license. The request shall include a scale drawing of the proposed outdoor facility which shall, at a minimum, include the following: (1) A method by which the area shall be confined to prohibit the removal of alcoholic liquor and constrict noise to the approved area. (2) A reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly by the indoor licensed premises. (3) The locations of at least two (2) exits from the area, only one of which shall be through a building or, in the case of a patio, deck, open porch, balcony or rooftop facility, such exits as are required by the City fire codes, as adopted in 5-6-1 of this Code. (4) The location of the telephone required by Section 3-8-14 of this Chapter for the outside area. (5) A description of the nature of the outside entertainment planned. 5 (b) The supplemental temporary license requested shall not be issued for any location in a residential section of the City, as defined in Section 10-4-1 et seq., of the Canton Municipal Code. No live entertainment shall be permitted outside except live music. No music (recorded or live) or any other broadcast, including public address, shall be made at an unreasonable level and shall conform with City ordinances including prohibition of noise or similar nuisance. All outside entertainment or music shall be limited to the hours of eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. on Friday and Saturday. Outside entertainment or music shall be prohibited on Sunday. Only holders of a Class A, B, C or D license may apply for such a license. If granted to a Class B license holder, the licensee shall continue to maintain its primary business as a restaurant pursuant to Section 3-8-2 of this Code. Such license may be revoked at any time should the above rules not be followed. (B) Class B, Supper Club License. Class B licenses shall authorize the retail sale of alcoholic liquors on the premises of any restaurant for consumption on the premises. (C) Class C, Restaurant, Beer and Wine License. Class C licenses shall authorize the retail sale of beer and wine only on the premises of any restaurant for consumption on the premises. 1. Subclass C License: Wine and champagne tasting may be permitted by a Subclass C License as a promotion each week not to exceed four (4) consecutive days per week. No licensee shall give or offer to give away alcoholic liquors as a gift, gratuity or tie in with the sale of nonalcoholic products or to induce the purchase or promote the sale of nonalcoholic products. A supplemental license must be obtained for the retail sale of champagne or wine to be sold exclusively as incidental to a wine or champagne tasting. The license shall only be available as a supplemental license for the premises holding a Class B or C license. (D) Class D, Club License. Class D licenses shall authorize the retail sale of alcoholic liquors on the premises of any club for consumption on the premises. (E) Class E, Package Store License: Class E licenses shall authorize the retail sale of alcoholic liquors in packages for consumption off the premises and not for consumption on the premises where sold. 1. Subclass EE. A supplemental license must be obtained for the offering and tasting, on the premises of the licensee, of free samples of beverages to be sold by the licensee. Said license must be applied for and obtained annually. The license shall only be available as a supplemental license for the premises holding a Class E license. 2. Any offerings or tastings shall not exceed two (2) ounces and must comply 6 with all applicable liquor laws of the State of Illinois. (F) Class F, Special Events License: Class F licenses shall authorize the retail sale of alcoholic liquors on the premises in any nonresidential location for a period of two (2) weeks or less, as determined by the local liquor control commission. The license shall only apply to catered functions or special events. No person can obtain a class F license more than once in a period of sixty (60) consecutive days. (G) Class S, Bottle Club or Set Up Establishment: Class S licenses shall authorize an establishment to be operated or maintained wherein patrons supply or bring to the premises their own alcoholic liquor or beverages and purchase or obtain from the operator mix, ice, glasses or other materials in order to provide themselves with refreshments. (H) Class T, Wine/Champagne Basket Sales License: Class T Licenses shall authorize the retail sale of bottled wine or champagne to be sold exclusively as part of an arrangement in a giftbasket by an establishment in which the retail sale of flowers or floral merchandise is the primary and principal business thereof. A Class T license shall only be issued to persons who can demonstrate they are operating a bona fide floral business and participate in fulfillment of orders through national sales companies. Wine and champagne shall be sold in sealed packages only and must accompany a floral arrangement and/or floral merchandise. Consumption on the premises where sold is not permitted. The above described classes of licenses shall be the only classes of licenses available for the retail sale of alcoholic liquor or operation and maintenance of a bottle club or set-up establishment within the Corporate limits of the City. 3-8-5: LIQUOR CONTROL COMMISSIONER: (A) Duties: The mayor of the city shall be the local liquor control commissioner. 2. The local liquor control commissioner shall have the following powers, functions and duties: (a) To receive applications for liquor licenses under this chapter, to investigate applicants, and to grant or renew liquor licenses; (b) To receive complaints from citizens of the city that the provisions of this chapter or state law have been or are being violated and to investigate and act upon such complaints; (c) To enter or authorize any law enforcement officer to enter at 7 anytime upon any premises licensed under this chapter to determine whether any provisions of this chapter or state law have been or are being violated and at such time to examine the premises of the licensee; (d) To appoint deputies or other persons to assist him in the performance of his duties and responsibilities as local liquor control commissioner; (e) To require any licensee at any reasonable time to produce such licensee's books and records of his operations under his liquor license for inspection and examination; (f) To require any licensee at reasonable times, and from time to time, to file reports or provide information concerning such licensee's operation of his licensed establishment as may be convenient to permit proper enforcement of this chapter or state law; (g) To promulgate rules and regulations under this chapter and state law consistent therewith; (h) To convene and conduct hearings upon complaint or upon information that a violation of this chapter has occurred; to conduct hearings concerning the fitness of any person to receive, continue to hold or renew any license issued under this chapter; to administer oaths, issue subpoenas to compel the attendance of witnesses and the production of relevant documents or other evidence; to receive testimony and take proof; to make findings of fact and determinations of law; to enter written orders and decisions; (i) To require all license holders to comply with the fire codes of the city of Canton. Any violation of the fire codes may result in a suspension or revocation of the license pursuant to the penalties set forth in subsection (A)2(k) of this section; (j) To represent the city on any appeal of any action taken under this chapter; (k) To prescribe penalties for violations of this chapter and state law and enforce such penalties. Permissible penalties shall include: (1) A written reprimand; (2) A fine of up to one thousand dollars ($1,000.00) for each violation but not more than ten thousand dollars ($10,000.00) against any licensee during any license year; (3) To suspend any licensee's license for not more than thirty (30) 8 days for any violation; (4) To revoke any license issued under this chapter for cause; (5) To direct any employee of the licensee to attend BASSET training regardless of any exemption stated in §3-8-19.9 below. (1) To keep and maintain books and records concerning the performance of his duties, functions and responsibilities under this chapter; (m) To receive license fees, fines and other monies under this chapter and to promptly deposit such funds with the city treasurer; (n) To cause legal proceedings to be initiated on behalf of the city regarding the duties, functions and responsibilities under this chapter; (o) To declare the existence of any emergency and thereafter to alter the hours of operation of any licensee and take all other actions that may be necessary or proper due to such emergency; (p) To notify the Illinois secretary of state where a club incorporated under the general not for profit corporation act or a foreign corporation functioning as a club in Illinois under a certificate of authority issued under that act has violated the Illinois liquor control act or this chapter by selling or offering for sale at retail alcoholic liquor without a license; (q) To take any and all actions necessary and incidental to the furtherance of his duties and functions as set forth in this chapter or by state law. (B) Salary Of Liquor Commissioner And Assistants: The local liquor control commissioner and his duly appointed assistants shall receive the sum of one hundred dollars ($100.00) per annum for their services; provided, however, that not more than two (2) assistants shall receive said salary. 3-8-6: RE5IDENCE DISTRICT; LICENSE RESTRICTION: It is hereby ascertained, determined and provided that the portion of the city lying outside of the territory bounded as follows: Commencing at the intersection of the centerlines of West Locust Street and North Avenue A, thence running south to the centerline of West Pine Street, thence east to the centerline of South Second Avenue, thence north to the centerline of East Locust Street, thence west to the place of beginning, is predominately a residence district, so that no new license permitting the sale of alcoholic liquors shall be issued by the local liquor commission within the said residence district so determined, unless advisory opinions are obtained from the owner or owners of the frontage, two hundred feet (200') in each direction along the Street and streets adjacent to the place of 9 business for which a license is sought. Such opinions shall either be opposed to such issuance, in favor of or no opinion. Reasons for opposition shall be stated and all shall be filed with the local liquor commission. The commission shall not be bound by said opinions. This provision shall apply only to the initial issuance of a license for a given location. It is also provided that no license for the sale of alcoholic liquor, other than a class B, supper club license, shall be issued to any person for the sale of any alcoholic liquor in any room, store or other place or building that faces, fronts or adjoins the public square of the city or that has any exit or entrance thereon. 3-8-7: HOURS OF SALE, CLOSING HOURS ON NEW YEAR'S EVE: It shall be unlawful for any person to sell or offer for sale at retail any alcoholic liquor in the city at any time other than during the following hours: Monday through Saturday, from six o'clock (6:00) A.M. to one o'clock (1:00) A.M.; Sunday, from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. These closing hours are hereby extended to permit the sale of alcoholic liquors at retail until three o'clock (3:00) A.M. on any New Year's Day. It shall be unlawful to keep open for business, or, to permit the public to patronize any premises where alcoholic liquors are sold at retail during the hours within which the sale of such liquor is prohibited, or, to give away or allow the consumption of alcohol or to consume alcohol upon the premises during hours in which the sale of such liquor is prohibited; provided, however, that in the case of supper clubs, restaurants, clubs, bottle clubs or set up establishments and bowling alleys, such establishments may be kept open during such hours, but no alcoholic liquors may be sold or consumed during such hours, except as provided in this chapter. Be it further provided that class A license holders may keep their establishments open for food service for food prepared on the premises if such establishments secure all alcoholic beverages from possible sale or consumption during such hours in which the sale of alcoholic beverages is prohibited. All establishments availing themselves of the food service additional open hours must have prior approval of the police department. The police department shall have the right to enter upon the licensed premises at any time for the purpose of inspection to control the unlawful sale of alcoholic beverages. 3-8-8: LICENSE FEE: The annual fee for licenses for the sale at retail of alcoholic liquor for the various categories of licenses shall be for a six (6) day license (Monday through Saturday). Said fees shall be payable quarterly in advance beginning May 1 of each fiscal year of the city and shall be as follows: (A) The annual license fee for a six (6) day class A, tavern license shall be nine hundred dollars ($900.00). (B) The annual license fee for a six (6) day class B, supper club license shall be six 10 hundred dollars ($600.00). (C) The annual license fee for a six (6) day class C, restaurant, beer and wine license shall be six hundred dollars ($600.00). 1. The annual license for a Subclass C license shall be one hundred fifty dollars ($150.00). (D) The annual license fee for a six (6) day class D, club license shall be four hundred eighty dollars ($480.00). (E) The annual license fee for a six (6) day class E, package store license shall be one thousand twenty dollars ($1,020.00). 1. The annual license fee for a six (6) day supplementary class EE license shall be one hundred fifty dollars ($150.00). (F) The annual license fee for a six (6) day class S, bottle club or set up establishment license shall be seven hundred fifty dollars ($750.00). (G) The annual fee for a Class T License shall be fifty dollars ($50.00). T'he fee for class F, special events license shall be one hundred dollars ($100.00) plus ten dollars ($10.00) for each day for which the license is to be used. Those licensees who desire to sell alcoholic liquor at retail on Sunday shall pay an additional one hundred dollars ($100.00) for a seven (7) day license (Monday through Sunday) in each of the categories set out above, with the exception of a class A tavern licensee which shall pay an additional four hundred fifty dollars ($450.00) for a seven (7) day license (Monday through Sunday). 3-8-9: CERTAIN PERSONS; MINORS: (A) No person who is licensed to sell intoxicating liquors, as defined in this chapter, at retail, shall sell, give or deliver alcoholic liquor to any person as to whom the prohibition thereof any applicable law of the state would apply. If a licensee or his 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. Proof that the defendant/licensee or his employees or agent demanded, was shown, and reasonably relied upon such written evidence in any transaction forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or in any proceedings for the suspension or revocation of any license based thereon. 11 It is unlawful for anyone under the age of twenty-one (21) years to present or offer to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his possession any false or fraudulent, written, printed, or photostatic evidence of age and identity, is guilty of violating this Code. (B) It shall be unlawful for any person under the age of twenty-one (21) years to enter upon or to attempt to enter upon any premises which has a license under this chapter unless: (1) Accompanied by his or her parent or legally appointed guardian, or (2) Such person is in the exercise of his or her legitimate business or trade or acting in the course of his or her employment. This provision does not apply to hotels, restaurants, clubs, or that portion of bowling alleys, rental halls, grocery stores, drugstores, or other retail establishments other than those used exclusively or primarily for the sales and/or consumption of alcoholic liquor. Such exclusion as to restaurants shall not apply in the event that food is no longer being consumed, specifically offered for sale, and/or the kitchen area is closed, and the premises is dispensing alcoholic liquor in any room or place in the premises. (a) It shall be unlawful for any licensee under this chapter or his officer, partner, associate, representative, agent or employee to suffer or permit any person to be or remain in any licensed premises in violation of subsection (B) above. (b) It shall be unlawful for a business licensed under this chapter that does not meet the exemption in subsection (B) above to permit minors on the premises or a portion of the premises by not selling alcoholic liquor on the premises or that portion thereof on a temporary basis. (C) No person under the age of twenty-one (21) years shall purchase, consume, or have in his possession, actual, constructive, or, otherwise, within the corporate limits of the city any alcoholic beverage or liquor as defined in this chapter, unless such person is making delivery of alcoholic liquor in pursuance of his employment. 3-8-9.1 WARNING SIGNS TO BE POSTED: Every licensee shall display in a prominent place a printed card in any location which he uses for the sale of alcoholic liquor. The card should read as follows: 12 "WARNING TO MINORS You are subject to a fine up to five hundred dollars ($500.00) under the ordinances of the City of Canton, if you purchase alcoholic liquor for yourself, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor for yourself." 3-8-10: BONDS REQUIRED: Before any person shall be issued a license he shall be required to furnish a good and sufficient bond with sureties to be approved by the local liquor control commission in the penal sum of five hundred dollars ($500.00) payable to the city conditioned upon the said licensee observing all of the requirements of this chapter and of the laws of the state. 3-8-11: LICENSE RESTRICTIONS: (A) Class A, tavern licenses, shall be restricted to nine (9) licenses in the city. (B) All licenses for class B and class C shall only be issued to businesses where sixty percent (60%) of gross sales are for food and nonalcoholic beverages. 1. All license holders of class B and class C licenses being supper club and restaurants shall at the request of the liquor commission provide verified financial reports from a certified accountant or a tax preparer providing sufficient information and detail to establish that the gross sales of food and nonalcoholic beverages are in excess of sixty percent (60%) of the business' gross sales. 2. Should the business fail to establish the minimum requirements of sixty percent (60%) of food and nonalcoholic beverages the license may be suspended or revoked after a hearing before the liquor commission. (C) Class E, package store licenses, shall be restricted to three (3) licenses in the city. (D) Package stores shall be required to have outside ingress and egress only. Under no circumstances shall a package store be permitted to have an exit or an entrance to or from another building from within the package store building. (E) All licenses hereunder shall be issued only to a named person or organization for the use at a particular location. (F) The local liquor control commission shall also impose any conditions or restrictions upon the issuance of liquor licenses which are specifically set forth by an applicable law of the state. 3-8-12: INTERPRETATION: Nothing herein contained shall be construed to require the corporate authorities of the city to issue licenses in any category of license beyond that which from time to time exist and the best interests of the city shall be the 13 issue at all. 3-8-13: REPORTING OF INCIDENTS TO POLICE; TELEPHONE ON PREMISES: Each licensee and each of his agents and employees shall promptly report to the police department of the city any incident occurring on or about the licensed premises in his knowledge or view relating to the commission of any crime, including any violation of this chapter and shall truthfully and fully answer all questions and investigations of any identified police officer who makes inquiry concerning any persons in or about the licensed premises, and any events taking place in and about the licensed premises and cooperate fully in any such investigation including the giving of any oral or written statements at such reasonable times and in such reasonable locations to any police officer engaged in said investigation. Each licensee shall maintain on each licensed premises not less than one telephone in operating order, which phone must be within the easy access of the bartender or other responsible person in charge of the premises at all times, for the purpose of reporting to the Police Department incidents occurring on or about the licensed premises. 3-8-14: ILLEGAL ACTIVITIES ON PREMISES: No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or suffer or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the City or law of the State of Illinois or the United States. 3-8-14.1: REMOVAL OF ALCOHOLIC LIQUOR FROM PREMISES: It shall be unlawful for any person to carry any alcoholic liquors in an unsealed or opened container from the licensed premises where such alcoholic liquor was purchased subject to the amendments of Public Act 094-1047 and codified at 235 ILCS 5/6-33, effective January 1, 2007. No licensee or person as proprietor, agent, servant or employee of such licensee shall knowingly permit any patron to violate this section nor continue to sell alcoholic liquors to such person knowing that such person intends to carry the alcoholic liquor from the premises in an open or unsealed container. 3-8-14.2: POLICE POWER TO ENTER PREMISES: The police department shall have the right to enter upon any premises licensed hereunder to determine whether any of the provisions of Chapter S of the Canton Municipal Code or any rules or regulations adopted by the City of Canton or imposed by the State of Illinois or United States has been or are being violated, and at such time, to examine said premises of said licensee in connection therewith. 3-8-15: REVOCATION: Any license granted as provided by this Chapter may be revoked for cause by the local Liquor Control Commissioner by notice in writing served either by registered mail, personal service, or by posting such notice on the affected premises. 14 Violation of any provision of this Chapter or of the State Alcoholic Liquor Act, indebtedness to the City for other license fees required by any regulation, violations of the criminal laws of the State of Illinois, or misstatements or withholding of information in application for a liquor license shall be deemed cause for refusal or revocation of license. 3-8-15.1: FIRE CODE/INSPECTIONS/PENALTIES: License holders shall comply with all Fire Codes as herein adopted and authorized by the Canton Municipal Code. Furthermore, license holders will allow their premises to be inspected, at least annually, by a duly designated Inspector of the Canton Fire Department. In addition to any penalties prescribed by Illinois law or by the Canton Municipal Code, licensees' failure to correct fire code violations within the applicable time period or refusal to allow a fire code inspection are subject to penalties by the Liquor Commission pursuant to §3-8-5(A)(2)(i)&(k) above. 3-8-16: CERTAIN FORMS OF NUDITY PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to appear on the licensed premises, or in any area which can be viewed from the premises, in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on the licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola or simulation thereof. 3-8-17: CERTAIN ACTS PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to perform on the premises, or any area which can be viewed from the premises, acts of or acts which simulate: (A) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law. (B) The touching, caressing or fondling of the breasts, buttocks, anus or genitals. (C) The displaying of the pubic hair, anus, vulva or genitals. (D) To permit any person to remain in or upon the licensed premises who commits any of the acts described above or allows another person to commit upon his or her body any of the acts described herein. 3-8-18: SHOWING OF CERTAIN FILMS, PICTURES PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit the showing on the premises, or in any area which can be viewed from the premises, of film, still pictures, electronic reproduction, or other visual reproductions depicting: (A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited bylaw. (B) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. 15 (C) Scenes wherein a person displays the vulva or the anus or the genitals. (D) Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to pornay any of the prohibited activities described above. 3-8-19: BARTENDER PERMIT; REQUIRED; DISPLAY: (A) It shall be unlawful for any person to sell or serve alcoholic liquor across a dram shop counter (even if the alcoholic liquor be supplied by the customer) or attend upon any bar unless he shall have on his person a current, valid bartender permit, or for a licensee under this Chapter to permit any person to do so unless such person shall have on his person a current, valid bartender permit. All persons holding a valid bartender permit shall display such permit to any customer or police officer upon request. (B) The requirements of paragraph (A) of this Section shall not apply to establishments holding class "C" licenses for the sale of beer and wine only, and to employees of such establishments, except that at all times during business hours there shall be present on the licensed premises at least one holder of a current valid bartender's permit for such establishment. Such permit holder shall have supervisory authority over and be responsible for the actions of all employees not holding a bartender permit in connection with the selling, serving and handling of alcoholic liquors and any requirements imposed by law on employees of a licensed establishment. (C) The requirements of paragraph (A) of this Section shall not apply to club establishments holding class "B" or "D" licenses, except that at all times during business hours when alcoholic liquor is being sold or served there shall be present on the licensed premises at least one holder of a current valid bartender's permit for such establishment. Such permit holder shall have supervisory authority over and be responsible for the actions of all bartenders not holding permits in connection with the selling, serving and handling of alcoholic liquors and any requirements imposed by law on bartenders or employees of a licensed establish- ment. For any bartender to qualify for the permit exemption of this section, he must be a member of the club or organization and must not be paid for the bartending services. (D) The requirements of subsection (A) of this section shall not apply to establishments holding class "F" licenses at bars, dramshop counters or stands at which the only alcoholic liquor sold or served is beer and/or wine, and to their employees who work at such limited bars, counters or stands, except that at all times during which the only alcoholic liquors sold at such bars, counters or stands are beer and/or wine at least one holder of a current valid bartender's permit shall be present in each bar, counter or stand. Such permit holder shall have supervisory authority over and be responsible for the actions of all employees not holding bartender permits in connection with the selling, serving and handling of alcoholic liquors, and any requirements imposed by law on employees of a 16 licensed establishment. However, nothing herein shall exempt any person who sells or serves alcoholic liquor at a bar, dramshop counter or stand which has for available sale or delivery alcoholic liquors in addition to beer and/or wine from complying with the provisions of subsection (A) of this section. 3-8-19.1: BARTENDER PERMIT; EMERGENCY APPROVAL: Should an occasion arise during the approved hours for sale of a licensed establishment whereby said establishment is or will be left without a licensed bartender due to circumstances beyond the control of the licensee, the licensee or an approved manager may seek emergency approval from the chief of police or his designee of an unlicensed person to serve as bartender until closing time that day as set forth in section 3-8-7 of this chapter. The police chief, or his designee, shall approve such requests if he shall find that the person to serve as bartender has no known disqualification from holding a bartender permit, and if the circumstances giving rise to the need for an unlicensed bartender were truly unknown to the licensee and beyond its control. 3-8-19.2: BARTENDER PERMIT; REQUISITES: No bartender permit shall be issued to any person to whom the issuance of a license to sell liquor at retail would be prohibited by section 3-8-3 of this chapter, except that a person who is not a citizen of the United States or not a resident of the city shall not be disqualified to receive a bartender's permit for that reason. 3-8-19.3: BARTENDER PERMIT; APPLICATION; APPROVAL: (A) Upon the written request of any licensee under this chapter requesting the issuance of a bartender permit to a person for the purpose of being employed as a bartender in a licensed establishment operated by the requesting licensee, such person shall submit an original application to the city clerk in writing, with a copy thereof to the chief of police, under oath stating substantially the same requisites as are set forth in section 3-8-3 of this chapter. The applicant shall state in the application the location or locations where the applicant is to be employed. (B) The chief of police or his designate, shall render his decision to approve or deny the issuance of a bartender permit within thirty (30) days of the filing of the original application and mailing of the copy to the chief of police. A person aggrieved by the action of the chief of police or his designate may file a written appeal with the mayor within five (5) days of such denial. The mayor in his discretion may consider the matter upon written statement of appeal from the aggrieved party and report to the chief of police may cause a hearing to be held at which the aggrieved party and the chief of police may present evidence. The decision of the mayor shall be made within ten (10) days of the filing of the appeal by the aggrieved party unless otherwise agreed by the parties. 3-8-19.4: BARTENDER PERMIT; EXPIRATION DATE; RENEWAL: Such bartender permit shall be current for three (3) years from the next birthday of the 17 applicant and shall be renewable at its expiration upon written showing of current employment as a bartender and proof of eligibility. 3-8-19.5: BARTENDER PERMIT; ISSUANCE OF TEMPORARY PERMIT: Upon filing written application for a bartender's permit or a renewal thereof, the chief of police, or his delegate, shall make preliminary investigation through the records of the Canton police department, and if he finds no cause to deny such person a bartender's permit or renewal, he shall issue a receipt upon payment of the specified fee. Such receipt shall be dated and shall allow the applicant to be employed as a bartender for a period of thirty (30) days from the date of issuance, or until notification of approval or denial of the application, whichever occurs first. 3-8-19.6: BARTENDER PERMIT; REVOCATION: Upon the happening of any occurrence or the discovery of any condition which would have caused a permit holder to be ineligible to receive said permit, or upon failure to comply with any provision of this chapter, the Liquor Commission may revoke such person's permit subject to the process as defined in §3-8-20 below. 3-8-19.7: BARTENDER PERMIT; FEE; DUPLICATE PERMIT: Notwithstanding the requirements of a criminal background check pursuant to §3-1-20 of the Code, the fee for the bartender permit required by this chapter shall be ten dollars ($10.00) upon original application and five dollazs ($5.00) upon application for renewal; provided, however, that any person who, as an individual, partner, or officer of a corporation, has been issued a license to sell alcoholic liquor at retail under this code or any approved manager pursuant to section 3-8-3 of this chapter shall be issued an original or renewal bartender permit without additional chazge. If a bartender permit is lost or destroyed, the permit holder may apply for a duplicate permit upon affidavit stating the circumstances of such loss or destruction, and reaffirming the information contained in the original application. The fee for a duplicate bartender permit shall be ten dollars ($10.00). 3-8-19.8: AGE OF EMPLOYEES: Bartenders in licensed establishments shall be not less than twenty one (21) years of age. Persons serving drinks (waiters, waitresses) in all licensed establishments shall be not less than eighteen (18) years of age. An employee 18 years or older may sell packaged liquor, beer or wine in the course of his or her employment, provided, however, that no such employee under 21 years of age may conduct such activity unless an employee 21 years or older is in the licensed retail premises and is supervising the employment activities of any such employee under the age of 21 years 3-8-19.9: BASSET TRAINING REQUIRED: Each employee of a Class A, B, C, D, E or S License, or any subclass thereof, who will be engaged in selling, mixing, preparing, serving or delivering alcoholic beverages to customers, guests or patrons, for consumption on or off premises, shall successfully complete a Beverage Alcohol Sellers and Servers Education and Training (BASSET) program conducted by an 18 individual licensed by the Illinois Liquor Control Commission. Such training shall be completed not more than one hundred twenty (120) days after the employee begins employment with the licensee. At the time of passage of this ordinance, existing employees of a Class A, B, C, D, E or S License, or any subclass thereof, will not be required to complete a BASSET Program, but are encouraged to do so. Any employee who is exempt from BASSET training by virtue of existing employment, loses said exemption when they leave the existing licensee and begin employment with a different licensee. 3-8-20: NOTICE; HEARING; APPEAL: The local liquor control commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of the Liquor Control Act of 1934 (235 ILCS 5) or of any valid ordinance or resolution enacted by this particular city council or any applicable rule or regulations established by the local liquor control commissioner or the State commission which is not inconsistent with law. In addition to the suspension, the local liquor control commissioner in any county or municipality may levy a fine on the licensee for such violations. The fine imposed shall not exceed $ 1000 for a first violation within a 12-month period, $ 1,500 for a second violation within a 12-month period, and $ 2,500 for a third or subsequent violation within a 12-month period. Each day on which a violation continues shall constitute a separate violation. Not more than $ 15,000 in fines under this Section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury. However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the local liquor control commissioner with a 3 day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. The licensee may, at their own expense, cause a certified short-hand reporter or court-reporter to generate a transcript of the proceeding, if they so choose. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than 7 days, giving the licensee an opportunity to be heard during that period, except that 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. The local liquor control commissioner shall within 5 days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written 19 order, and either the amount of the fine, the period of s pension, or that the license has been revoked, and sh 1 serve a copy of such order wi in the 5 days upon the licensee. The licensee, after the re eipt of such order of susp nsion or revocation, shall have the privilege, within a period f 20 days after the rec pt of such order of suspension or revocation, of appealing th order to the State c mmission for a decision sustaining, reversing or modifying the o der of the local l' uor control commissioner. If the State commission affirms the local ommissioner' order to suspend or revoke the license at the first hearing, the appellant shal cease toe age in the business for which the license was issued, until the local commissio er's ord r is terminated by its own provisions or reversed upon rehearing or by the ourt . 3-8-21: PENALTY: Except otherwise provided in this section, any person who shall violate any of the provisions o is chapter shall be punished by a fine of not less than twenty five dollars ($25.00) n r re than five hundred dollars ($500.00) for each such offense. Any person who sh 1 vio to any of the provisions of section 3-8-9 of this chapter shall be punished by a f e of not ess than one hundred dollars ($100.00) nor more than five hundred dollars $500.00) reach such offense. Any person who shall violate any of the provisions section 3-8- 6, 3-8-17, 3-8-18 or 3-8-19 of this chapter shall be punished by a fine o not less than o hundred dollars ($100.00) nor more than five hundred dollars ($500. 0) for each such o ense; a second or subsequent violation of any of the provisions of s ction 3-8-16, 3-8-17, -8-18 or 3-8-19 of this chapter shall be punished by a fine of no less than three hundred ollars ($300.00) nor more than five hundred dollars ($500. 0). In addition to any fine rovided for in this section, any person who shall violate any rovision of this chapter shal be subject to the revocation provisions of section -8-15 of this chapter. 20 order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within the 5 days upon the licensee. The licensee, after the receipt of such order of suspension or revocation, shall have the privilege, within a period of 20 days after the receipt of such order of suspension or revocation, of appealing the order to the State commission for a decision sustaining, reversing or modifying the order of the local liquor control commissioner. If the State commission affirms the local commissioner's order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued, until the local commissioner's order is terminated by its own provisions or reversed upon rehearing or by the courts. 3-8-21: PENALTY: Except as otherwise provided in this section, any person who shall violate any of the provisions of this chapter shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each such offense. Any person who shall violate any of the provisions of section 3-8-9 of this chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. Any person who shall violate any of the provisions of section 3-8-16, 3-8-17, 3-8-18 or 3-8-19 of this chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense; a second or subsequent violation of any of the provisions of section 3-8-16, 3-8-17, 3-8-18 or 3-8-19 of this chapter shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). In addition to any fine provided for in this section, any person who shall violate any provision of this chapter shall be subject to the revocation provisions of section 3-8-15 of this chapter. This Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18th, day of April , 2007 upon a roll call vote as follows: AYES: Aldermen Lewis, Schenck, Carl, PTeade, Sarff, West, Hartford, Berardi, NAYS: None, ABSENT: None. APP l Rod ey . Heinze, M or ATTEST: Nancy W tes, City Clerk 20