§ 5.08.290. Classes of licenses generally.

Licenses to sell alcoholic liquor at retail are divided into eleven classes as follows:

A.

Class A. Tavern License. Tavern 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. The semi-annual fee for such licenses shall be two hundred fifty dollars.

B.

Class B. Supermarket Liquor License. Supermarket licenses shall authorize the retail sale of alcoholic liquors and packages on the premises of any supermarkets or grocery stores and not for consumption on the premises where sold. The semi-annual fee for such licenses shall be two hundred dollars.

C.

Class C. Package Liquor License. Package liquor licenses shall authorize the retail sale of alcoholic liquors in packages, and not for consumption on the premises where sold. The semi-annual fee for such licenses shall be two hundred dollars.

D.

Class D. Club License. Club licenses shall authorize the retail sale on the premises of alcoholic liquors in any club, for consumption on the premises. The semi-annual fee for such licenses shall be twelve dollars and fifty cents.

E.

Class E. Beer and Wine License. Beer and wine licenses shall authorize the retail sale of beer and wine on the premises of the licensee, for consumption on the premises. The semi-annual fee for such licenses shall be one hundred dollars.

F.

Class F. Package Beer License. Package beer licenses shall authorize the retail sale of beer in packages, and not for consumption on the premises where sold. The semi-annual fee for such licenses shall be one hundred dollars.

G.

Class G. Restaurant License. Restaurant licenses shall authorize the retail sale of alcoholic liquors on the premises of any restaurant for consumption on the premises. No business other than a restaurant shall be entitled to receive or maintain a restaurant license. The semi-annual fee for such licenses shall be one hundred twenty-five dollars.

H.

Class H. Golf Course License. Golf course licenses shall authorize the retail sale and consumption of alcoholic liquor on the premises of a golf course, including any clubhouse or restaurant facility located on the golf course, any patio, open porch or balcony associated with any such clubhouse or restaurant facility and on or adjacent to any fairway, green or driving range which is part of the golf course. The semi-annual fee for such licenses shall be two hundred fifty dollars.

I.

Class I. Class I liquor licenses shall permit the sale at retail of beer, wine, and wine coolers for consumption at a special event and may be issued to an educational, fraternal, political, civic, religious or not-for profit corporation participating in the special event. Such sales shall be by responsible representatives of the licensed organization and shall be allowed for limited periods of time at a specific location as approved by the liquor control commissioner. The licensee must carry dram shop insurance naming the Village as a co-insured and comply in all respects with the requirements necessary for the sale of alcoholic beverages in the State of Illinois, including but not by way of limitation, the additional requirements for a special event retailer's license required by 235 ILCS 5/7-1, as amended from time to time. The fee for such license shall be fifty dollars, for a period not to exceed five days.

A Class I liquor license may also be issued to persons licensed under the state Liquor Control Act to make wine within the State of Illinois. A Class I liquor license issued to such a winemaker shall permit the sale of bottled wine made by the winemaker while the winemaker participates in a farmers market sponsored by the Village. A winemaker licensed under this section may offer samples of wine available for sale by the winemaker provided that such samples shall be provided free of charge, shall not contain more than one fluid ounce, and shall be provided by the winemaker only while the winemaker participates in a farmers market sponsored by the Village. Not more than three such samples shall be provided to any one person on any given day. The licensed winemaker must carry dram shop insurance naming the Village as a co-insured and must comply in all respects with any provisions of state law applicable to such sales. The fee for a Class I license issued to a winemaker shall be fifty dollars. Such license shall authorized sales and deliveries as provided in this section during all farmers markets sponsored by the Village which are conducted during the calendar year in which the license is issued.

J.

Class J. Beer Garden License. Notwithstanding any other provision of this code, it shall be unlawful for any retail liquor licensee to serve or allow to be consumed alcoholic liquor in an outdoor area, covered area open to the environment, or other similar area subject to the direct influence of the outdoor environment (a "beer garden") without first obtaining a Class J license as provided herein. Class J liquor licenses shall be a supplementary license permitting the sale of alcoholic liquors in a beer garden attached to and operated by and in conjunction with an otherwise licensed premises subject to the following:

1.

Only those licensees holding a Class A, tavern liquor license shall be eligible to apply for, receive and hold a Class J license, which allows for the sale and consumption of alcoholic liquor in a beer garden. Only those alcoholic liquors lawfully licensed to be sold and consumed in the associated Class A licensed premises may be sold and/or consumed in the beer garden. All other provisions of the Metamora Municipal Code pertaining to the associated Class A tavern license shall apply to the adjacent beer garden unless otherwise provided herein.

2.

The beer garden must meet the following standards:

a)

Be immediately adjacent and contiguous to the associated Class A licensed premises;

b)

Be no greater in area than the gross floor area of the associated Class A licensed premises;

c)

Be accessible to customers and patrons from the interior of the associated Class A licensed premises;

d)

Be entirely and completely contained by fencing (approved by the liquor control commission) or other suitable material at least six feet in height, measured from the finished floor elevation of the beer garden, which effectively prevents the passing of alcohol to the outside of the beer garden; and

e)

Be reasonably viewable from the exterior.

3.

At least one, fully operable, emergency exit shall be provided from the beer garden directly to the outside of the beer garden. The emergency exit shall be in addition to the access provided directly to the beer garden from the associated Class A licensed premises. The emergency exit may be used to provide a means of egress/ingress for persons whose physical limitations or handicaps preclude their entrance or exit from the interior of the associated Class A licensed premises and may be used for the purpose of taking delivery of products, materials and supplies. Except as otherwise authorized by this section, the emergency exit shall be used by patrons and employees of the associated Class A licensed premises only in the case of an emergency.

4.

Existing Class A liquor license holders selling alcoholic liquors in a beer garden on or before January 1, 2013, shall obtain the required Class J beer garden license on or before September 19, 2013, and shall come into compliance with the regulations established in paragraphs (2) and (3) above no later than October 1, 2014.

5.

The total square footage of the beer garden shall be included when calculating parking requirements for the site, provided that all Class A licensed establishments holding licenses on January 1, 2013, shall be exempt from this additional parking requirement.

6.

No amplified sound or music nor any live entertainment shall be permitted in the beer garden after 10:00 p.m. and shall at all times be subject to all noise limitations of the Village.

7.

The hours of operation of the beer garden shall not extend past 11:00 p.m. daily. No beverages or food may be served or consumed in a beer garden after 11:00 p.m.

8.

Each and every owner, operator and/or manager licensed to sell alcoholic liquors in a beer garden shall provide regular diligent and effective management and employee oversight and control of the beer garden to assure compliance with the provisions of this chapter and the Metamora Municipal Code.

9.

The annual fee for a Class J beer garden license shall be fifty dollars which shall be in addition to any other fees payable by the holder of the associated Class A license pursuant to this chapter.

K.

Class K. Temporary Event Licenses. Class K liquor licenses shall permit the sale at retail of alcoholic liquor for consumption on the premises during a temporary event by a current holder of a Class A tavern license. The term of a Class K license shall be one day; provided, however, that the holder of a Class A license who does not hold a Class J beer garden license may receive a Class K license authorizing the sale of alcoholic beverages on Thursday, Friday and Saturday during the annual Old Settlers Celebration conducted in the Village. All such sales shall be by responsible persons and shall be allowed for a specific location as follows:

1.

For purposes of Class K licenses, the following definitions shall apply,

a.

"Premises" shall mean the building out of which the Class A licensee operates, and for which current Class A license has previously been issued and is in effect.

b.

"Special area" shall mean the area within which the temporary event will take place, and for which the temporary event license is sought.

2.

A complete liquor license application must be submitted for a temporary event license.

3.

The special area must comply with all of the following requirements:

a.

The special area must be adjoining and adjacent to the premises; and

b.

The special area must satisfy all of the requirements for the issuance of a liquor license (which specifically includes ownership of the special area or a written lease agreement for the special area), with the exception of the requirement that the sales take place in a building; and

c.

The special area must be fully enclosed by means of a fence or other structure so that access to and from the special area is limited to only one point of access, and so that litter and other debris is wholly contained within the special area.

4.

Sales and consumption of beverages and food within the special area may not commence before 10:00 a.m., and must terminate no later than 10:00 p.m. on the day that such temporary event is held or conducted. The hours of sales and consumption for the premises are not affected by the provisions of this paragraph and need not be limited to the hours of sale within the special area.

5.

No noise emanating from the special area shall be audible from the closest lot line of any residentially zoned lot that is also used for residential purposes. If noise is audible at the closest lot line of any residentially zoned lot that is also used for residential purposes, the temporary event license may be immediately revoked by the liquor control commissioner, and the sale and consumption of food and beverages within the special area shall cease and become illegal upon notification by the chief of police or his or her designee.

6.

A fee of one hundred dollars must be paid with the application for a Class K license. The liquor commissioner has the discretion to waive the fee for charity events.

7.

The licensee must satisfy all of the requirements of chapter 5.08 of the Metamora Municipal Code pertaining to the sale of alcoholic liquor, including but not limited to the carrying of dram shop insurance naming the city as a co-insured, and must comply in all respects with the requirements necessary for the sale of alcoholic beverages in the State of Illinois, including but not by way of limitation, the additional requirements for a special event retailer's license required by 235 ILCS 5/7-1, as amended from time to time.

8.

Not more than two temporary event licenses may be issued to a single holder of a Class A liquor license during any one liquor license year running from May 1 through the following April 30; provided, however, that a temporary event license issued in connection with the annual Old Settler's Celebration shall not be subject to this limitation,

9.

If within the twelve months immediately prior to the filing of the application for a temporary event license, the holder of a Class A license has been found in violation of the provisions of chapter 5 of the Metamora Municipal Code by the liquor commissioner after due notice and hearing or if the holder has compromised and settled such a liquor code violation, then such holder shall be ineligible to receive a temporary event license.

10.

The application for a temporary event license must be submitted not less than ten business days prior to the temporary event. Upon submission of the application, with the license fee attached, the chief of police, or his or her designee, shall inspect the special area and advise the liquor control commissioner as to whether the special area complies in all respects with the Metamora Municipal Code, and as to the prior violations of the Code. Thereafter, the liquor control commissioner will review the application, application materials and attachments, the report of the chief of police, and will grant or deny the application for a temporary event license within the ten days after the filing of the application for the temporary event license.

(Ord. No. 2016-3, § 1, 8-16-2016; Ord. No. 2013-4, § 1, 4-16-2013; Ord. No. 2009-5, § 1, 3-17-2009; Ord. 1995-7 § 1, 1997: Ord. 1987-1 § 2, 1987; 1983-6 § 2, 1983; Ord. 1981-1 § 2, 1981; Ord. 7-1974 § 18, 1974)