§ 112.10. LICENSE REQUIRED FOR SALES IN VILLAGE.

(A)

Only such persons, firms or corporations granted a liquor license in accordance with the provisions of this chapter shall be permitted to sell, or offer for sale, at retail or to give away or to keep with the intention of selling at retail or giving away alcoholic liquors in the village.

(B)

In the event a liquor license has been suspended or revoked by the local liquor control commissioner and an appeal has been taken to the state liquor commission, or further judicial agency in accordance with state law, and a stay of the local liquor control commissioner's order has been entered, the person, firm or corporation still shall have the responsibility and requirement of making any and all payments for any liquor license due to the party in accordance with codes of the village.

(C)

The village manager shall be charged with administration of any business license. The village manager may suspend any business license and the village board may revoke any business license issued to a liquor license holder if the manager or the board determines that the business licensee has failed to pay his liquor license in accordance with provisions in this chapter. However, no such license shall be suspended or revoked except after a hearing by the village manager or board of trustees with a seven-working day written notice to the licensee affording the licensee an opportunity to appear and defend against charges of failure to pay the village liquor license fee. The seven-working day provision shall begin the day following delivery by certified mail or by personal service.

(D)

Only such persons, firms or corporations that have submitted a written request to the liquor control commissioner for a liquor license other than a class D, having appeared before the board of trustees, and being directed by the liquor control commissioner to apply for a liquor license shall be permitted to apply for a liquor license.

(E)

Nothing herein contained shall prevent the possession and transportation of alcoholic liquor for the following:

• The personal use of the possessor, his family and guests, or prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests;

• Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession;

• Any hospital or other institution caring for sick persons from possessing alcoholic liquor for the treatment of bona fide patients of such hospital or other institution;

• Any drugstore employing a licensed pharmacist may possess and use alcoholic liquors in the concoction of prescriptions for duly licensed physicians;

• The possession and dispensation of wine by an authorized representative of a religious group for the purpose of conducting any bona fide rite or religious ceremony.

(F)

Nothing herein contained shall prevent the possession and transportation of alcoholic liquor subject to the following:

(1)

Alcoholic liquor shall only be drawn, poured, or mixed within the licensed premises owned or leased by the licensee;

(2)

Alcoholic liquor may be delivered and consumed only within: (i) the licensed premises owned or leased by the licensee; (ii) the adjacent licensed food court; or (iii) the premises of other food court restaurants and that are located adjacent to a licensed food court;

(3)

Alcoholic liquor may only be served in containers that are distinct from those in which nonalcoholic beverages are served by any one (1) or more food court restaurants adjacent to the same food court, and such alcoholic liquor containers shall be legibly marked on the container's exterior the name of the licensed food court restaurant that serves the alcoholic liquor;

(4)

No more than sixteen (16) ounces of beer may be sold in a single container, and no more than eight (8) ounces of wine may be sold in a single container;

(5)

No more than two (2) alcoholic beverages may be delivered or served to a customer in any one (1) trip to the place selling the alcoholic beverages.

(Ord. 132, passed 2-13-1961; Am. Ord. 92-141, passed 12-8-1992; Am. Ord. 16-080 , passed 8-23-2016; Am. Ord. 17-043 , passed 5-9-2017; Am. Ord. 18-088 , passed 8-14-2018)