The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. The term "alcohol" does not include denatured alcohol or wood alcohol.

Alcoholic liquor includes 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 section shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume.

Banquet facility means any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business.

Bar/restaurant shall have the same meaning as the term "restaurant" defined in this section.

Beer means a beverage obtained by the 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.

Caterer retailer means a person who serves alcoholic liquors for consumption, either on site or off site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.

Cider means any alcoholic beverage obtained by the fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling, or carbonated cider.

Club means a corporation organized under the laws of the state, 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 provide 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 liquor control commissioner at the time of its application for a license under this chapter two copies of names and residences of its members, and similarly files within ten days of the election of any additional member his or her 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 of 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 the members of the club or their 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.

Hotel means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building in connection therewith and such building or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.

Minor means a person less than 18 years of age.

Non-beverage user means all laboratories and hospitals and sanatoria using alcoholic liquor for non-beverage purposes.

Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.

Private function or private party means a prearranged function or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room designed and used exclusively for the private party, function or event, the host controls access to the premises, and alcoholic beverages are provided to invited guests free of charge.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, 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.

Retailer means a person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.

Sale means any transfer, exchange or barter in any manner, or by any means whatsoever, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee, and includes, but is not limited to, all of the following acts when done for consideration:

1. The selling of alcoholic liquor;
2. The giving away of alcoholic liquor;
3. The dispensing of alcoholic liquor;
4. The providing of mix, ice, water, or glasses for the purpose of mixing drinks containing alcoholic liquor for consumption on same premises;
5. The pouring of alcoholic liquor;
6. The providing of setups containing alcoholic liquor;
7. The maintaining of a private or public club which serves alcoholic liquor on its premises to patrons or members;
8. The maintaining of a restaurant that serves alcoholic liquor on its premises to patrons;
9. The possessing in any business or commercial establishment alcoholic liquor to be served to patrons on the premises.

It is the intent of this chapter to require a license for the sale of liquor within the village for any consideration, whether direct or indirect, regardless of the form that the sale takes. If an establishment allows patrons to bring their own alcoholic liquors or "BYOB," such allowance shall be presumed to be valid consideration for purposes of this chapter and thus subjects the establishment to the requirements of this chapter.

Sell at retail and sale at retail refer to and mean sales for use or consumption and not for resale in any form.

Special event means an event conducted by an educational, fraternal, political, civic, religious or nonprofit organization.

Special event retailer means an educational, fraternal, political, civic, religious, or nonprofit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.

Special use permit license means a license for use by a retailer to allow for the transfer of alcoholic beverages from an existing licensed retail premises to a designated site for a specific event.

Spirits means 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.

To sell means to keep or expose for sale and to keep with intent to sell.

Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as defined in this section.

(Code 2024, § 6.1.2; Ord. No. 2024-04, § 2, 7-11-2024)

It is unlawful for any person to sell or offer for sale any alcoholic liquor for beverage purposes within the village, unless such person has been issued a license by the village; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, and, provided further, that nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or institution; and, provided further, that any drug store employing a licensed pharmacist may possess and use alcoholic liquors in the concoction of prescriptions of duly licensed physicians; and, provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this section.

(Code 2024, § 6.1.3)

The president of the board of trustees is the liquor commissioner for the village. The following powers are statutorily granted to the liquor commissioner:

1. The liquor commissioner is the sole authority to determine whether an applicant should be issued a license.
2. To grant or suspend for not more than 30 days or to revoke for cause all local liquor licenses issued to persons or premises within the village.
3. To enter or authorize any law enforcing officer to enter at any time upon any premises, licensed by the village, to determine whether any of the provisions of the Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., or any rules and regulations of this article or by the state liquor commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.
4. To notify the secretary of state when a club incorporated under the General Not-for-Profit Corporation Act or a foreign corporation functioning as a club in the state under a certificate of authority issued under that Act has violated the Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., by selling or offering for sale at retail alcoholic liquors without a retailer's license.
5. To receive complaints from any citizen within the village that any of the provisions of the Liquor Control Act, 235 ILCS 5/1-1 et seq., or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints.
6. May require fingerprints of any applicant for a license or for a renewal thereof except an applicant who is an air carrier operating under a certificate or foreign air permit pursuant to the Federal Aviation Act of 1958. A fee shall be charged for the fingerprinting and the appropriate policing body who must submit the fingerprints and the fees to the state department of state police.
7. May levy fines in lieu of a revocation or suspension.
8. The right to examine or cause to be examined any applicant for a license or for the renewal of a license or any licensee upon whom notice of revocation or suspension has been served.
9. May examine the books and records of an applicant or licensee.
10. May issue subpoenas to hear testimony and obtain information in the performance of his duties.

(Code 2024, § 6.1.4)

State law provides that municipalities may by ordinance designate municipal buildings where alcohol may be sold or delivered. The president and village board designate the Hampton Heritage Center, located at 251 S. State Avenue in the village, to be a facility of the municipality where alcoholic liquor may be sold and delivered at retail.

(Code 2024, § 6.1.5)

Penalties for violation of this chapter shall be as provided in HVC 1.00.140. Each day on which a violation continues constitutes a separate violation; provided, however, that no more than $10,000.00 in fines may be levied against any licensee during the period of his or her license.

(Code 2024, § 6.3.2)

1. A liquor license is purely a personal privilege. A license does not constitute property, and it is not subject to attachment, garnishment, or execution. It is not transferable or subject to being encumbered or hypothecated.
2. A liquor license does not descend by the laws of testate or intestate devolution; it ceases upon the death of the licensee. However, the executor of the estate or trustee of an insolvent or bankrupt licensee may continue the operation of the business under the direction of the appropriate court until the license expires but no longer than six months after the death, bankruptcy, or insolvency.
3. A liquor license attaches to both the person licensed and the premises for which the license is issued. Each license applies only to the location described therein and separate licenses are required for separate premises. A licensee, however, upon a request in writing and a statement under oath that a different premises complies with the requirements of state law and this Code, may be allowed by the liquor commissioner to move from the licensed premises to the other one and operate under the same license.

(Code 2024, § 6.2.1)

A licensee is subject to the following restrictions:

1. It is unlawful for any person having a retailer's license or any agent of such licensee to accept, receive, or borrow money or anything of value, or accept or receive credit (other than merchandising credit in the ordinary course of business for a period not to exceed 30 days) directly or indirectly from any manufacturer, importing distributor, or distributor of alcoholic liquor.
2. No licensee or agent thereof shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person or person known by the licensee to be under a legal disability or in need of mental treatment.
3. No person after purchasing or otherwise acquiring liquor shall give, sell, or deliver such liquor to a person under the age of 21 years. Licensees may refuse to sell liquor to anyone unable to give proof of identity and age.
4. No licensee shall deny or permit his agents and employees to deny any person the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of any licensed premises.
5. No licensee shall sell liquor to any persons on credit, or in payment for services rendered, but this does not apply to clubs and hotels and liquor purchased for consumption off the premises.
6. No licensee shall fill or refill any original package of alcoholic liquor with the same or any other kind or quality of liquor. No liquor shall be sold except in original packages.
7. Every licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises.
8. When any license has been revoked for any cause, no license shall be granted to any person for the same premises for which the license was revoked for a period of one year.
9. An established place of business is a prerequisite to the issuance of a license. Revocation of a license when a licensee ceases to operate the business before the license expires is within the authority of the commissioner on the grounds of non-use.
10. All licensees shall maintain a schedule of the prices charged for all drinks to be served and consumed on the licensed premises or in any room or any part thereof. Pursuant to state law prohibiting "happy hours," no licensee or employee or agent of such licensee shall:
    1. Serve two or more drinks of alcoholic liquor at one time to one person for consumption by that person, except selling or delivering wine by the bottle or carafe, and other alcoholic beverages in pitchers, carafes, buckets, and the like, customarily sold in that manner and delivered to two or more persons;
    2. Sell, offer to sell, or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public;
    3. Sell, offer to sell, or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage the consumption of alcoholic liquors;
    4. Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;
    5. Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises;
    6. Advertise or promote in any way, whether on or off the licensed premises, any of the prohibited practices.
11. Age of patrons. Licensees who sell alcohol for consumption on the premises and also serve food as a restaurant or bar/restaurant may allow minors as defined in HVC 6.04.010 to enter the establishment that are accompanied by an adult or guardian. Persons under the age of 21 years and not a minor may enter a restaurant or bar/restaurant unaccompanied. This subsection applies as long as the establishment is serving food and for one-half hour after the cooking, preparing and serving of food has ceased for the day.
12. Age of servers. Licensees shall not allow minors to be sellers/servers of alcohol, who sell alcohol for consumption on the premises and also serve food as a restaurant or bar/restaurant, as defined in HVC 6.04.010, as long as the establishment is serving food and for one-half hour after the cooking, preparing and serving of food has ceased for the day. If the establishment is not cooking, preparing and serving food, a seller/server must be 21 years of age. Selling and serving in these establishments includes the selling, serving, pouring, drawing, mixing or opening of alcoholic beverages.

(Code 2024, § 6.2.2)

1. Licenses issued by the liquor commissioner for the village shall be of the following classes:
   1. Class A license. A Class A license shall authorize the retail sale of alcoholic liquor for consumption on the premises as well as original package sale of alcoholic liquor.
   2. Class B license. A Class B license shall be issued to a club, as defined in HVC 6.04.010, and shall authorize the retail sale of alcoholic liquor for consumption only on the premises occupied by the club and only to members of the club in good standing and their invited guests.
   3. Class D license. A Class D license shall authorize the sale of original package alcoholic liquor for consumption off the premises where the alcoholic liquor is sold. Alcoholic liquor will not be consumed on the premises of a licensee who holds a Class D license.
   4. Class E license. A Class E license shall authorize the sale of alcoholic liquor on the premises operated as a restaurant or hotel, as defined in HVC 6.04.010.
   5. Class F license. A Class F license shall authorize the sale of alcoholic liquor for consumption on the premises as well as the original package sale of alcoholic liquor. The premises will also be allowed an extended closing hour to 2:00 a.m. Live entertainment will also be allowed under the following conditions:
      1. Live entertainment, DJ services, music, or other event generating excessive noise held inside the enclosed physical structure of the business premises may be allowed to continue until the closing hour of 2:00 a.m.
      2. Live entertainment, DJ services, music, or other event generating excessive noise outside the enclosed physical structure of the business premises may be allowed until the hour of 10:00 p.m. from Sunday through Thursday inclusive.
      3. Live entertainment DJ services, music, or other event generating excessive noise outside the enclosed physical structure of the business premises may be allowed until the hour of 12:00 midnight on Friday, Saturday, and state-designated holidays.
      A business wishing to host live entertainment DJ services, music, or other event generating excessive noise outside the enclosed physical structure of the business premises may apply for a special permit by contacting the village clerk. A fee may be applied for the application for such special permit.
   6. Special use permit liquor license. A special use permit liquor license shall authorize a licensed retailer to transfer a portion of its alcohol inventory from its licensed retail premises to a designated site for a special event, as defined in HVC 6.04.010.
   7. Special event retailer's liquor license. A special event retailer's liquor license shall authorize the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form, and only at the location and on the specific dates designated for the special event on the license. The special event retailer's license is intended for not-for-profit organizations. This license shall also be issued to individuals/organizations that hold a private function or private party, as defined in HVC 6.04.010.
   8. Class G license. A Class G license shall permit the sale of alcoholic liquor for consumption on the premises at the Heritage Center on the Mississippi by the exclusive caterer designated by the village to provide catering services for events held at the Heritage Center on the Mississippi as an incidental part of the food service provided.
2. License holders who operate outside the parameters for the class of license held shall be in violation of this section.

(Code 2024, § 6.2.3; Ord. No. 2024-04, § 3, 7-11-2024)

There shall be issued in the village no more than an aggregate total of eight liquor licenses at any one time. In addition, there shall be a limit of two Class E and two Class F licenses issued at any one time.

(Code 2024, § 6.2.4)

Liquor licenses issued by the liquor commissioner for the village shall be for the following duration:

1. Class A: six months, and shall expire on June 30 or December 31 following its issuance.
2. Class B: six months, and shall expire on June 30 or December 31 following its issuance.
3. Special use permit: one day or for the length of the special event if longer than one day, but not for more than three consecutive days.
4. Special event retailer's liquor license: one day or for the length of the special event if longer than one day, but for not more than three consecutive days.
5. Class D: six months, and shall expire on June 30 or December 31 following its issuance.
6. Class E: six months, and shall expire on June 30 or December 31 following its issuance.
7. Class F: six months, and shall expire on June 30 or December 31 following its issuance.
8. Class G: one year, and shall expire on December 31 following its issuance.

(Code 2024, § 6.2.5)

1. Fees for liquor licenses issued by the liquor commissioner for the village shall be paid to the village at the time an application is approved and the license is issued. The fee for licenses shall be as follows:
   
   

   Class A	$375.00
   Class B	$375.00
   Special use permit or special event retailer's license, per day	$25.00
   Class D	$375.00
   Class E	$375.00
   Class F	$875.00
   Class G	$750.00

2. Fees collected under this section shall be paid into the general fund for the village.
3. A refund shall be made of the portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license because of death, bankruptcy, or insolvency.

(Code 2024, § 6.2.6)

Applications for liquor licenses shall be made to the liquor commissioner and shall be made using forms available in the clerk's office. No liquor license of any kind shall be issued by the liquor commissioner:

1. To a nonresident of the village;
2. To a person who is not of good character and reputation in the village;
3. To a person who is not a United States citizen;
4. To a person who has been convicted of a felony under any federal or state law, unless the commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the commissioner's investigation (the burden of proof is on the applicant to show rehabilitation);
5. To a person who has been convicted of being the keeper or is keeping a house of ill fame;
6. To a person who has been convicted of pandering or any other crime or misdemeanor opposed to decency and morality;
7. To a person whose license under the Act has been revoked for cause;
8. To a person who, at the time of application for renewal of any license issued under this section, would not be eligible for such license upon a first application;
9. To a co-partnership, if any general or limited partners thereof, owning more than five percent of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license under this section for any reason other than residence within the village;
10. To a corporation, if any officer, manager, or director thereof, or any stockholder owning in the aggregate more than five percent of the stock of such corporation would not be eligible to receive a license under this section for any reason other than citizenship and residence within the village;
11. To a corporation, unless it is incorporated in the state or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in the state;
12. To a person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
13. To a person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic beverages, or has forfeited his bond to appear in court to answer charges for any such violation;
14. To a person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
15. To any law enforcing public official, including members of the liquor control commission for the village, the president of the village board of trustees, any member of the village board of trustees of the village; and no such official shall be interested directly in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the state liquor control commission;
16. To a person who is not a beneficial owner of the business to be operated by the licensee;
17. To a person who has been convicted of a gambling offense as proscribed by any of subsections (a)(3) through (10) of section 28-1 of, or as proscribed by section 28-3 of, the Criminal Code of 1961, or as proscribed by a statute replaced by any of the statutory provisions;
18. To a person to whom a federal wagering stamp has been issued by the federal government for the current tax period;
19. To a co-partnership to which a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp for the current tax period;
20. To a corporation, if any officer, manager, or director thereof, or any stockholder owning in the aggregate more than 20 percent of the stock of such corporation has been issued a federal wagering stamp for the current tax period;
21. To any premises for which a federal wagering stamp has been issued by the federal government for the current tax period.
22. For the sale at retail of any alcoholic liquor, within 100 feet of any church, school, other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military or naval station. This prohibition does not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license.
23. To any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of schoolbooks, school supplies, food, lunches, or drinks for such minors.

(Code 2024, § 6.2.7)

Unless otherwise herein provided, it is unlawful to sell or offer for sale alcoholic liquor between the following hours for each class of license:

1. Class A. Between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.
2. Class B. Between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.
3. Special use permit and special event retailer's license. Between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.
4. Class D. Between the hours of 1:00 a.m. and 5:00 a.m. on any day of the week.
5. Class E. Between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.
6. Class F. Between the hours of 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between the hours of 2:00 a.m. and 9:00 a.m. on Sunday.
7. Class G. Between the hours of 1:00 a.m. and 10:00 a.m. on any day of the week.

(Code 2024, § 6.2.8; Ord. No. 2024-04, § 4, 7-11-2024)

The sale of a licensed establishment does not transfer the privilege of the license itself and, if a license is issued to the purchaser, the legal effect is that of issuing a new license and not merely renewing the old license. Any attempt made to transfer a license through a lease shall render the license null and void.

(Code 2024, § 6.2.9)

The liquor commissioner may revoke or suspend any license issued by him/her if he determines that the licensee has violated any provisions of the Liquor Control Act or any valid ordinance or resolution of the village.

1. No license may be revoked or suspended, and no licensee may be fined except after a public hearing by the liquor commissioner with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend.
2. If the liquor commissioner has reason to believe that the continued operation of the establishment will immediately threaten the welfare of the community, upon the issuance of a written order stating the reason for such conclusion and without notice of hearing, the licensed premises may be ordered closed for not more than seven days. The licensee must be given a hearing within the seven-day period.
3. If, after a public hearing, the liquor commissioner determines that a license should be suspended or revoked, a written order and a copy thereof shall be served upon the licensee within five days after the hearing.

(Code 2024, § 6.3.1)