HomeMy WebLinkAboutOrdinance #1970ORDINANCE NO. 19 7 0
AN ORDINANCE AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE
CANTON MUNICIPAL CODE
WHEREAS, the Public Safety 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 in relation to the creation of a golf course/club house license; 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:
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
herein 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 SETUP 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: 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 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.
GOLF COURSE/CLUB HOUSE• a public or private golf course consisting of at least nine
(9) holes. a minimum of thirty (30) acres, and having fairways, greens, and other attributes
common to the sport of golf, with a clubhouse having facilities used, kept and maintained
as a place where food is served, such space being provided with adequate and sanitary
kitchen and dining room equipment and capacity and having employed therein a sufficient
number and kind of employees to prepare, cook and serve suitable food for its guests.
PACKAGE STORE: 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 any time. 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: 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: 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
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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: Any person who sells, or offers for sale, alcoholic liquor for use or consumption
and not for resale in any form.
SALE: Any transfer, exchange or barter in any manner or by any means whatsoever for a
consideration, and includes and means all sales made by any person, whether principal,
proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: Sales for use or consumption and not for resale in
any form.
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: 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: 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. (Ord. 1905, 4-18-2007)
3-8-4: CLASSES OF LICENSES:
Licenses for the retail sale of alcoholic liquor or operation and maintenance of a bottle club or
setup establishment within the corporate limits of the city shall be divided into the following
classes: (Ord. 1905, 4-18-2007)
(A) Class A, Tavern License:
1. Class A: 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 supplemental license shall 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. A
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. If outside entertainment will be permitted on the
premises, all supplemental licenses shall be further subject to the provisions of subsection
(A)2(b) of this section.
(a) Application for this license shall be made for each outdoor beer garden or cafe or sidewalk
restaurant where alcoholic beverages will be sold at retail. To apply for this supplemental
license, the licensee shall file its request, in writing, with the Canton liquor commission.
Application for the supplemental license must be received by the Canton liquor commission
fourteen (14) days in advance of the opening of the outdoor beer garden or cafe or sidewalk
restaurant. A nonrefundable application fee often dollars ($10.00) shall be paid by the licensee
requesting this supplemental license if the supplemental license is for a single outside event or
for one day only. Otherwise, a nonrefundable application fee of one hundred dollars ($100.00)
shall be paid by the licensee requesting the supplemental license. The request for the
supplemental license 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 section 5-6-1 of this code;
(4) The location of the telephone required by section 3-8-13 of this chapter for the outside area;
(5) A description of the nature of the outside entertainment planned, if any.
(b) The supplemental license requested shall not be issued for any location in a residential section
of the city, as defined in section 10-4-1 of this 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
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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, D or G license may apply for such supplemental license. If a
supplemental license is 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 chapter. Such license may be
revoked at any time should the above rules not be followed. (Ord. 1906, 6-5-2007)
(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.
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. Limit: Any offerings or tastings shall not exceed two (2) ounces and must comply 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 orless, 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 G, Golf Course/Club House License: Class G licenses shall authorize the licensee
to sell alcoholic liquor to its patrons and Suests by the drink, for consumption in the
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clubhouse and on the golf course, and not for resale in anv form. The license shall only be
available for premises defined as a golf course/clubhouse herein.
(H) Class S, Bottle Club Or Setup 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.
(I) Class T, Catering: Class T licenses shall authorize the retail sale of alcoholic liquors for
consumption on the premises only, subject to the following condition: the retail sale of alcoholic
liquors shall be allowed only at private or civic functions on the premises, which are not open to
the general public, and at which the licensee provides food for consumption by those persons
attending the function.
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.
3-8-8: 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 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).
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(F) The annual license fee for a six (6) day class G, Golf Course/Country Club license shall
be four hundred eight dollars ($480.00).
(G) The annual license fee for a six (6) day class S, bottle club or setup establishment license
shall be seven hundred fifty dollars ($750.00).
(H) The annual fee for a class T license shall be fifty dollars ($50.00).
The fee for a 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). (Ord. 1905, 4-18-2007)
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) Class G, Golf Course/Country club licenses, shall be restricted to one (1) license in the Cites
(E) 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.
(F) All licenses hereunder shall be issued only to a named person or organization for the use at a
particular location.
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(G) 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.
(Ord. 1905, 4-18-2007)
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" "G" or "T" 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 establishment. 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 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.
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3-8-19.9: BASSET TRAINING REQUIRED: Each employee of a Class A, B, C,
D, E, G or S and T License 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 program conducted by an agency licensed by the Illinois Liquor Control Commission.
Such training shall be completed not more than 90 days after the employee begins employment
with the licensee. A copy of the employee's certificate of completion of training shall be
maintained, by the establishment, in a manner that will allow inspection, upon demand, by any
designee of both the state or local liquor control authorities.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 21 day of April , 2009 upon a roll call vote as follows:
AYES: Aldermen Strandberg, Ihnes, Ellis, West, Sarff, Berardi,
Schenck.
NAYS: None .
ABSTAIN: None
ABSENT: Alderman Lewis. ~ ~ APPROVED:
evin R. Mea ,Mayor
ATTEST:
Nancy S. hites, City Clerk
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