§ 6-87. Classification of licenses.
Alcoholic liquor licenses authorized to be issued under this chapter shall be, and are hereby, divided into the following classes:
(1)
Class A license shall authorize the retail sale in restaurants of alcoholic liquor, for consumption on the restaurant premises, package sales of bottles of wine which are otherwise sold by the establishment by the glass and/or bottle and specialty spirits not readily available in mass-market retail stores which are used as ingredients in cocktails sold in their restaurant. No such license may be granted to, or retained by, any establishment in which the facilities for food preparation and service are not primarily those of the restaurant which has a dining seating capacity of at least 25. Alcoholic liquor may be sold in a restaurant holding a Class A license only during the period when patrons of the license are offered a complete meal. Service of alcoholic liquor shall be incidental to the service of meals and shall be at tables or in areas where patrons are waiting to be seated. Bars are not permitted. Written approval must be first obtained from the local liquor commission to permit the service of alcoholic liquors in areas where patrons are waiting to be seated.
(2)
Class B license shall authorize the retail sale in restaurants of beer and wine for consumption on the restaurant premises and package sales of bottles of wine which are otherwise sold by the establishment by the glass and/or bottle. A Class B license may be grant to, or retained by, any establishment in which the facilities for food preparation and service are primarily those of a restaurant which has a dining capacity of at least 25. Beer and wine may be served in a restaurant holding a Class B license only during the period when patrons of the licensees are offered a complete meal. Service of beer and wine shall be incidental to the service of meals and shall be at tables or in areas where patrons are waiting to be seated. Bars are not permitted. Written approval must be first obtained from the local liquor commission to permit the service of alcoholic liquors in areas where patrons are waiting to be seated.
(3)
Class C license shall authorize the retail sale of alcoholic liquor for consumption on the premises only in hotels as follows:
a.
In restaurants of 70 seats or more but only at tables during that period when patrons are offered a complete meal;
b.
In hotels with 100 guestrooms or more and a restaurant of 125 seats or more, a lounge may be provided in conjunction with a full service restaurant. Alcoholic liquor may be served in the lounge with or without food at any time subject to required closing hours;
c.
By the glass or bottle in rooms which contain sleeping accommodations which are contemporaneously occupied by guests when served by room service but not from locked stock in the room; or
d.
In meeting rooms and reception rooms, but only during scheduled meetings or receptions.
(4)
Class D license shall authorize the retail sale, on the premises specified in the license, of alcoholic liquor in its original package and not for consumption on the premises ("package sales"). Package sales shall be limited to premises primarily devoted to the sale at retail of drugs and sundries, commonly known as drugstores consisting of not less than 10,000 gross above-grade square feet. The following conditions and restrictions shall apply to Class D licenses:
a.
That portion of the premises devoted to the sale of alcoholic liquor shall be no larger than 20 percent of the gross above-grade square feet of the entire store premises.
b.
Beer in containers of not more than 16 ounces shall not be sold in quantities of less than four cans or bottles to any customer.
c.
Spirits shall not be sold in containers less than 750 mL.
(5)
Class E license.
a.
A Class E license shall authorize the retail sale, on the premises specified in the license, of alcoholic liquor in its original package ("package sales") of a retail establishment commonly known as supermarket of not less than 50,000 gross above grade square feet, subject to the following conditions and restrictions:
1.
That portion of the premises devoted to package sales shall be no larger than 20 percent of the gross above grade square footage of the entire premises which is the subject of the application and license. The display of package sales shall be primarily in a dedicated area of the supermarket, although limited product displays throughout the premises are permitted to allow for cross-merchandising.
2.
Tastings shall be permitted on the premises in accordance with state law.
b.
Class E-Café license shall authorize the retail sale, on the premises specified in the license, of alcoholic liquor for limited consumption on the premises in a cafe of a retail establishment commonly known as a supermarket of not less than 50,000 gross above grade square feet that has an existing Class E license, subject to the following conditions and restrictions:
1.
That portion of the premises devoted to the sale of alcoholic liquor, both package sales and for limited consumption on the premises in a cafe, shall be no larger than 20 percent of the gross above grade square footage of the entire premises which is the subject of the application and license.
2.
Consumption on the premises shall be of individual servings of alcoholic liquor and limited to the cafe seating area of the premises. The consumption of package sale goods shall not be permitted within the cafe seating area.
3.
The hours shall be the same for both package sales and for limited consumption on the premises in a cafe.
(6)
Class F (temporary) license shall authorize the sale of alcoholic liquor at a special event sponsored by a club or nonprofit organization whose principal place of business is in the city, where held in accordance with all other provisions of this chapter. A Class F licensee may request permission to hold up to 12 one-day events. The fee for each one-day period shall be in accordance with appendix B to this Code.
(7)
Class G license shall authorize the sale of alcoholic liquors in connection with an off-site catering business operating within the city. Alcoholic liquor shall only be sold and served by the licensee in connection with the catering of foods. In addition to the other requirements of this chapter, a Class G license shall only be issued to persons who can demonstrate that they are operating a bona fide catering business. No Class G licensee shall serve alcoholic liquor at a single location for more than three consecutive 24-hour periods and no Class G licensee shall serve alcoholic liquor at the same location more than four three-day periods per year.
(8)
Class H license shall authorize the retail sale in bowling alleys of alcoholic liquor for consumption on the premises. No such license may be granted to or retained by any bowling alley which does not have a building or structure with an area of 27,000 or more square feet and at least 30 bowling lanes. Alcoholic liquor sold for consumption on the bowling alley premises may be distributed from bars or lounges, or in a restaurant or banquet hall facility located within the same structure as the bowling alley, provided that there shall not be a separate outside entrance leading directly into the bar or lounge. No more than four wet bars may be provided or operated upon a Class H licensee's premises.
(9)
Class I license shall authorize the retail sale in restaurants of alcoholic liquor for consumption on the restaurant premises, package sales of bottles of wine which are otherwise sold by the establishment by the glass and/or bottle and specialty spirits not readily available in mass-market retail stores which are used as ingredients in cocktails sold in their restaurant. No such license may be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a restaurant which has a dining capacity of not less than 125. Alcoholic liquor may be sold in a restaurant holding a Class I license only during the period when patrons of the licensee are offered a complete meal, or where a limited menu is offered after 11:00 p.m. which has been approved by the local liquor commission. A Class I licensee may also maintain and operate a lounge within the same premises, provided that such lounge area shall only contain a maximum of one square foot of floor space for every five square feet of floor space in the non-lounge areas of the restaurant.
A lounge shall be subject to the following additional restrictions:
a.
There shall be a single entrance for both the restaurant and lounge. The single entrance shall not permit patrons direct ingress to the lounge.
b.
A complete meal or, when approved, a limited menu shall be offered for and available to the patrons of the lounge.
c.
There shall be a physical separation between the restaurant and lounge in consideration of those patrons who wish to remain apart from the lounge.
d.
The lounge may not be opened beyond the hours specified in section 6-129 nor at any time when the dining room is closed.
(10)
Class J-1 license shall authorize the retail sale in banquet facilities of alcoholic liquor for consumption on the banquet facility's premises. No such license may be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a banquet hall. No such license may be granted to a banquet facility having an area of less than 35,000 square feet. Alcoholic liquor for consumption on the restaurant premises may be distributed in bars, lounges, restaurants, or banquet halls located in the same facility. There shall not be a separate outside entrance directly into the bar or lounge. A maximum of two wet bars shall be permitted on the premises.
(11)
Class J-2 license shall authorize the retail sale of alcoholic liquor for consumption at banquets on the licensed facility's premises. No such license may be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a banquet hall or restaurant. Alcoholic liquor for consumption on the premises may only be distributed to patrons attending bona fide banquets. The premises may not have a bar or lounge. A maximum of one portable bar shall be permitted on the premises.
(12)
Class K license shall authorize the retail sale of alcoholic liquor for consumption on the premises only in inns, as follows:
a.
In breakfast areas or banquet areas by the glass or bottle during the service of food;
b.
By the glass or bottle in rooms which contain sleeping accommodations which are contemporaneously occupied by guests when served by room service or from locked stock in the room;
c.
Alcoholic beverages in inns may be prepared and distributed from a service counter; however, no alcoholic beverages shall be sold directly to guests at the location of the service counter.
(13)
Class L license.
1.
A Class L license shall authorize the retail sale of alcoholic liquor in movie theatres for consumption only on the premises. No such license may be granted to or retained by any establishment in which the facilities for food preparation and service are not primarily those of a movie theatre which has a seating capacity of not less than 500.
2.
Alcoholic liquor may be sold in a movie theatre holding a Class L license only during the period when patrons of the licensee are offered a complete meal, or where a limited menu is offered after 11:00 p.m. which has been approved by the local liquor commission. A Class L licensee may also maintain and operate a lounge within the same premises, provided that such lounge area shall only contain a maximum of one square foot of floor space for every five square feet of floor space in the non-lounge areas of the movie theatre. A lounge shall be subject to the following additional restrictions:
a.
There shall be a single entrance for both the movie theatre and lounge. The single entrance shall not permit patrons direct ingress to the lounge.
b.
A complete meal or, when approved, a limited menu shall be offered for and available to the patrons of the lounge.
c.
There shall be a physical separation between the movie theatre and lounge in consideration of those patrons who wish to remain apart from the lounge.
d.
The lounge may not be opened beyond the hours specified in section 6-129 nor at any time when the movie theatre is closed.
(14)
Class M liquor license shall authorize the retail sale, on the premises specified in the license, of beer, ale and wine or wine only, in its original package or when sold in gift boxes or in gift baskets. The retail sale of beer, ale and wine, or wine only for consumption on the premises shall also be authorized by a Class M license. Premises issued or granted a Class M liquor license shall be subject to all of the following conditions:
a.
No such license shall be granted or retained for a premises not located in the C-2 or C-4 retail core business district or in a shopping center of at least 150,000 gross above grade square feet.
b.
The licensed premises shall not exceed a maximum of 2,500 gross above grade square feet.
c.
At least 20 percent of the retail space shall be devoted to the sale of specialty foods and merchandise.
d.
Private beer, ale and wine tasting seminars shall be permitted at premises with a Class M liquor license.
e.
No such license shall be granted to or retained by any establishment whose primary business is that of a convenience store.
f.
No more than one Class M liquor license shall be granted or issued for any one shopping center.
(15)
Class N license shall authorize the retail sale, on the premises of a residential complex specified in the license, of alcoholic liquor for consumption on the premises. The license shall be issued only to the caterer contracted by the residential complex to provide day-to-day food service on-site.
(16)
Class O license shall authorize the manufacture of beer, only at a designated premises, for the sole purpose of the retail sale, consumption and storage of such beer only at and within such premises.
a.
A Class O license shall only be available as a supplemental license for premises holding a Class I or M license.
b.
All such supplemental licenses shall be granted only upon a showing by the applicant that all applicable federal and state tax stamps have been procured.
(17)
Class P license (seasonal market) shall authorize the retail sale by the holder of a Class M License of wine only in its original package and not for consumption on the premises at seasonal markets, provided that samples for tasting may be furnished. Applicants seeking a Class P license shall submit a written request for the license to the city clerk. The written request shall specify the location of the market, the dates of the market's operation and describe the licensee's sales area in detail. The city clerk may request additional information as deemed necessary. The city clerk may approve the Class P license if the Class M licensee provides all required information and is in good standing. If the Class M licensee is not in good standing, the Class P license may only be approved by the local liquor commissioner. The holder of a Class M license shall pay an application fee as set forth in appendix B to this Code.
(18)
Class Q license shall authorize the retail sale, on the premises specified in the license, of alcoholic liquor in its original package, and not for consumption on the premises (package sales), provided that samples for tasting may be furnished. Package sales shall be limited to premises primarily devoted to the sale at retail of clothing, household products/furnishings, grocery products, drugs and sundries, commonly known as department stores, consisting of areas of not less than 135,000 gross above-grade square feet. The following conditions and restrictions shall apply to Class Q licenses:
a.
That portion of the premises devoted to the sale of alcoholic liquor shall be no larger than 2,500 square feet.
b.
The display of alcoholic liquor shall be confined to a liquor display area as approved by the local liquor commission as part of the application and license. The liquor display area shall generally be a designated portion of the premises which includes all alcoholic liquor. In particular, but without limitation, there shall be no aisle displays, or stocking of alcoholic liquor in any public area of the establishment except in the approved liquor display area. Any changes to the location or size of the alcoholic liquor display area shall be approved by the local liquor commission. The licensee shall cause a sign advising that the area is closed to be conspicuously posted within the alcoholic liquor display area during those hours that liquor sales are prohibited.
c.
Beer in containers of not more than 16 ounces shall not be sold in quantities of less than six cans or bottles to any customer.
d.
That portion of the premises devoted to the sale of alcoholic liquor shall not have ingress and egress separate from the ingress and egress of the nonalcoholic portions of the premises.
(19)
Class R license shall authorize the retail sale of beer and wine only, for consumption on the specified premises, as an adjunct to a principal full service salon and spa business. The issuance of a Class R license shall be expressly subject to the following conditions:
a.
Customers and patrons shall not be sold alcoholic beverages unless receiving contemporaneous spa/salon services from the license holder.
b.
The retail sale of alcoholic liquor shall be limited to one drink per hour per customer or patron of the premises, and no such customer or patron shall be served more than three alcoholic beverages during the permitted hours of the retail sale of alcoholic liquor during any one calendar day.
(20)
Class S license shall authorize the retail sale, on the premises specified in the license, of alcoholic liquor in its original package and not for consumption on the premises ("package sales") of a retail establishment commonly known as a convenience store not less than 2,000 gross above-grade square feet in size, subject to the following conditions and restrictions:
a.
That portion of the premises devoted to package sales shall be no larger than two percent of the gross above-grade square footage of the entire premises which is the subject of the application and license. The display of package sales shall be in a dedicated area of the convenience store and shall be designed in such a manner as to prohibit the accessing of alcoholic liquor during such times that sales are prohibited.
b.
Beer shall not be sold in quantities of less than four cans or bottles to any customer.
c.
Wine and spirits shall not be sold in containers less than 750 mL.
d.
Each transaction for the sale of alcoholic liquor shall be with point-of-sale equipment that shall scan the identification of the customer as to verify age.
(21)
Class T license shall authorize the retail sale of wine only, by a business in which said retail sale of wine is exclusively done by means of mail order, telephone order, or electronically transmitted order, for shipment to members of the general public of the age of 21 years or more, and subject to the following conditions, restrictions, and requirements:
a.
A Class T license shall only be issued to persons who can demonstrate that they are operating a bona fide mail order, telephone order, internet or catalog business for retail distribution of wine with no other type of retail sale on the licensed premises.
b.
Wine shall be sold in sealed packages only and shall not be for consumption on the premises of the licensee. Sales shall only be by mail order, telephone order or electronically transmitted order and shipped by United Parcel Service or other authorized carriers, pursuant to the regulations adopted by the Illinois Liquor Commission, to locations and destinations away from the premises of licensee. It shall be unlawful for holders of a Class T license to deliver wine by parcel service delivery without having procured adequate information to determine that the purchaser is qualified to receive the product sent. The provisions of section 6-6, concerning sale or delivery to underage persons, shall apply to any postal or parcel service delivery made by a Class T license holder. Evidence of any parcel service delivery shipped by a licensee in violation of section 6-6 shall be grounds for revocation of the Class T license.
(22)
Class V license shall authorize the retail sale of solely wine and beer at a coffee shop, solely for consumption on the premises where sold, subject to and in accordance with the following conditions and restrictions:
a.
Wine shall be:
(a)
Sold and served in clear glassware; or
(b)
Sold by the bottle and consumed from clear glassware.
Beer shall be sold and served in individual clear glassware. Packaged sales are prohibited.
b.
Wine and beer shall be ordered by patrons at, and sold and served over the counter of the coffee shop at the point of sale.
c.
Each and every patron who desires to consume wine or beer must:
(a)
Be physically present at the counter during the point-of-sale transaction during which the wine or beer is purchased; and
(b)
Present a form of valid photographic identification issued by a state government or the United States government.
d.
Food shall be available from the Class V licensee at tables or in areas where patrons are seated during the hours of beer and wine sales. For the purpose of this subsection, the term "food" means baked goods, sandwiches, salads, prepared snacks, and similar items. "Food" does not mean candy, mints, gum, and similar items.
(23)
A Class W License shall authorize the sale at retail of alcoholic liquor, for consumption on the specified premises to patrons of a performing arts facility not more than one hour before the start of the theatrical performance and no later than one-half hour before the end of a theatrical performance.
a.
Such sale and delivery shall be confined to the lobby or foyer of the licensed premises.
b.
Such area shall be without seating and shall be fully illuminated. There may be "tall top tables," but no chairs in the bar area.
c.
Alcoholic liquor may be consumed within the seating area of the performance area.
d.
Alcoholic liquor shall be sold and served from a customer bar only. Beer shall be served by the glass, can or bottle only, having a capacity of not more than 12 ounces. Other alcoholic liquor shall be served by the glass only, and such vessel shall have a capacity of not more than six ounces.
(24)
A Class X License shall authorize the sale at retail of alcoholic liquor, for consumption on the specified premises, to patrons of the premises participating in craft making activities.
a.
The sale and consumption of alcoholic liquor shall terminate at the conclusion of each session.
b.
The sale and consumption of alcoholic liquor shall not be allowed at any time when a craft making session is not occurring.
c.
The public may participate in regularly scheduled class sessions by pre-registering, walk-in, or by invitation to private party functions.
d.
It is intended that the sale and consumption of alcoholic liquor is merely an adjunct to the operation of an arts and crafts studio and shall not be advertised or otherwise held out to be solely a drinking establishment.
e.
The sale and consumption of alcoholic liquor shall be limited to one drink per hour per customer or patron of the premises.
(Code 1968, § 3-13; Code 1996, § 6-87; Ord. No. F-0008, §§ 1, 2, 2-20-1996; Ord. No. F-0047, § 2, 8-5-1996; Ord. No. F-0250, § 1, 6-15-1998; Ord. No. F-0270, §§ 3—8, 8-17-1998; Ord. No. F-0291, §§ 1—4, 12-7-1998; Ord. No. F-0321, § 1, 3-1-1999; Ord. No. F-0407, § 3, 11-15-1999; Ord. No. F-0541, § 1, 12-4-2000; Ord. No. F-0616, § 2, 7-16-2001; Ord. No. F-0638, §§ 1, 2, 9—13, 10-15-2001; Ord. No. F-0693, §§ 4, 5, 4-1-2002; Ord. No. F-0844, § 1, 10-6-2003; Ord. No. F-0856, § 1, 11-3-2003; Ord. No. F-0895, § 1, 4-19-2004; Ord. No. F-0913, §§ 2, 3, 6-7-2004; Ord. No. F-0989, § 1, 1-3-2005; Ord. No. F-1053, § 1, 6-20-2005; Ord. No. F-1500, § 1, 6-21-2010; Ord. No. 1544, § 1, 2-22-2011; Ord. No. F-1575, § 1, 7-18-2011; Ord. No. F-1607, § 1, 12-19-2011; Ord. No. F-1683, § 1, 12-3-2012; Ord. No. F-1726, § 1, 8-19-2013; Ord. No. F-1778, § 1, 4-21-2014; Ord. No. F-1824, § 1, 11-17-2014; Ord. No. F-1765, § 1, 3-3-2014; Ord. No. F-1903, § 2, 12-7-2015; Ord. No. F-1904, § 2, 12-7-2015; Ord. No. F-2029, § 1, 8-7-2017; Ord. No. F-2030, § 1, 8-7-2017; Ord. No. O-2018-06, § 1, 2-5-2018; Ord. No. O-2018-24, § 1, 5-7-2018; Ord. No. O-2018-64, § 1, 11-5-2018)