All of the provisions of the Illinois liquor control act 1 and of the rules and regulations issued by the Illinois liquor control commission which are or may hereafter be in force, which are applicable to the village, are hereby incorporated into and declared to be a part of this chapter the same as if they were expressly set forth herein, except where otherwise specifically changed or amended in this chapter. (1999 Code § 3.35)

Unless the context otherwise requires, the following terms, as used in this chapter, shall be construed according to the definitions given in this section:

   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.

   APPLICANT: A person/persons applying for a retail liquor dealer license.

   BAR AREA: That area specified by the liquor commissioner where alcoholic liquor is predominately served at a bar with or without stools or at nearby tables and segregated in some manner from the remaining portions of an establishment license C, E or F.

   BEER: 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.

   BEER AND WINE ESTABLISHMENT: Any public place kept, used maintained and advertised and where meals are actually and regularly served in accordance with either a general or specialized menu, without sleeping accommodations, such places being provided with adequate and sanitary kitchen and dining room equipment and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. Seating capacity required hereunder shall not include patron seating in basement or subgrade space. The area of the main dining room or dining rooms shall provide a minimum of ten (10) square feet per customer. Without exception, the gross receipts for the beer and wine establishment must reflect, based on the books and records for each preceding federal tax year, at least seventy five percent (75%) from the sale of food and beverage, excluding beer and wine, and no more than twenty five percent (25%) of said gross receipts shall be from the sale of beer and wine. A "beer and wine establishment" shall have no bar for the seating or direct use of patrons. All serving of food and beverage shall be at tables with adequate seating as provided in this definition, and beer and wine shall be served only in conjunction with the purchase (at normal, nonreduced prices) and consumption of food; provided, however, that this prohibition shall not apply to carryout or delivery of food only and nonalcoholic beverages.

   CLUB: 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 providing 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 president at the time of its application for a license under this chapter, two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member his name and residence; and, provided further, that its affairs and managements 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 a salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the 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.

   HOTEL: 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 twenty five (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 or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.

   ILLEGAL DRUG: Any amount of drug or substance in a person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the cannabis control act 1 , or a controlled substance listed in the Illinois controlled substances act 2 or any combination of the above.

   INFLUENCE: The effect of something on a person, thing or event.

   LIQUOR COMMISSIONER: Mayor of the village of Waterman.

   RESTAURANT: Any public place kept, used, maintained, advertised, and where meals are actually and regularly served in accordance with a general menu, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and seating capacity for forty (40) patrons and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. Seating capacity required hereunder shall not include patron seating in a basement or subgrade space. The area of the main dining room or dining rooms shall provide a minimum of ten (10) square feet per customer. Parking area shall be provided in conformance with the zoning ordinance of the village 3 .

   RETAIL LIQUOR DEALER LICENSE HOLDER: Any applicant who has been granted a retail liquor dealer license.

   RETAIL SALE: The sale for use or consumption and not for resale.

   UNDER THE INFLUENCE: Influenced by the use of a chemical substance, especially alcohol.

   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. (1999 Code § 3.01; amd. Ord. 2002-04, 4-9-2002; 2005 Code)

   A.   Powers And Duties: The liquor commissioner shall have the following powers, functions and duties:

      1.   To receive applications, investigate applicants and grant, renew or deny liquor licenses.

      2.   To receive complaints from any citizen of the village that any of the provisions of this chapter have been or are being violated and to act upon such complaints in a manner hereinafter provided.

      3.   To enter or authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter have been or are being violated and, at such time, to examine such premises of said licensee. (1999 Code § 3.32)

      4.   In response to complaints or upon reports from an investigating agent of the liquor commissioner, to conduct hearings on alleged violations of this chapter and to examine or cause to be examined under oath complaints from license holders and other interested parties. Furthermore, the liquor commissioner may examine or cause to be examined the books and records of any licensee under this chapter and may hear testimony and take proof as to the performance of the licensee's duties and for such purposes may issue subpoenas. For the purpose of obtaining any of the information desired by the liquor commissioner under this chapter, he may authorize a designee to act on his behalf. For the purpose of administering or enforcing the provisions of this chapter, the commissioner may, at his discretion, hold public hearings at any time within the village concerning any matter embraced by this chapter. (1999 Code § 3.32; amd. 2005 Code)

      5.   To fine license holders and/or to suspend or revoke any liquor license in the manner provided herein for any of the following reasons:

         a.   That the licensee has violated any of the laws of the United States relating to the sale of alcoholic liquor, or any of the provisions of the Illinois liquor control act, or of this chapter, or of any applicable rules and regulations adopted by the liquor commissioner or by the state liquor control commission.

         b.   The wilful making of any false statement as to a material fact in the application for such license or in any change of ownership application or request or affidavit for the renewal of any license. Making a false statement shall include not making a complete statement of all relevant facts which relate to the situation.

         c.   The permitting of any violation of state law or this code by any person upon the licensed premises.

         d.   Failure to use and maintain the licensed premises in compliance with all codes and regulations pertaining to health and safety applicable within the village including, but not limited to, building, plumbing, electrical, property maintenance and fire codes 1 , zoning ordinances 2 , DeKalb County health ordinances and all regulations of the DeKalb County health department.

         e.   The refusal of any licensee to testify under oath to all relevant and material questions propounded to him at any hearing conducted by the liquor commissioner.

         f.   Suspension or revocation of the license of the licensee by the state liquor control commission.

      6.   To cause the initiation of legal proceedings under the penalty provisions hereof.

      7.   To notify the Illinois secretary of state where a club incorporated under the general not for profit corporation act 3 or a foreign corporation functioning as a club in Illinois under a certificate of authority issued under that act has violated the Illinois liquor control act or this chapter by selling or offering for sale at retail alcohol liquors without a retailer's license.

      8.   Following submission and review, the liquor commissioner may adopt such rules and regulations consistent with the provisions of this chapter which shall be necessary to carry on his functions and duties to the end that the health, safety and welfare of the people of the village shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.

      9.   To take any and all action necessary and incidental to the furtherance of his duties and functions as set forth in this chapter. (1999 Code § 3.32)

      10.   To notify the secretary of state of any convictions for a violation of subsection 3-1-16D or F of this chapter. (2005 Code)

   B.   Salary: The salary of the liquor commissioner shall be one hundred eighty seven dollars fifty cents ($187.50) per month. (Ord. 2006-13, 10-25-2006)

It is unlawful to sell or offer for sale at retail in the village any alcoholic liquor without a retail liquor dealer's license or in violation of the terms of such license. (1999 Code § 3.02)

   A.   1. Applications for a retail liquor dealer's license shall be made to the liquor commissioner in writing, signed by the applicant if an individual, or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit. Said application shall be accompanied with a nonrefundable application fee of seventy five dollars ($75.00) and shall contain the following information and statements:

         a.   The applicant's name and mailing address;

         b.   The name and address of the applicant's business;

         c.   If applicable, the date of the filing of the "assumed name" of the business with the county clerk;

         d.   In case of a copartnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the business corporation act 1 to transact business in the state of Illinois;

         e.   The number, the date of issuance and the date of expiration of the applicant's current local retail liquor license;

         f.   The name of the city, village, or county that issued the local retail liquor license;

         g.   The name and address of the landlord if the premises are leased;

         h.   The date of the applicant's first request for a state liquor license and whether it was granted, denied or withdrawn;

         i.   The address of the applicant when the first application for a state liquor license was made;

         j.   The applicant's current state liquor license number;

         k.   The date the applicant began liquor sales at his place of business;

         l.   The address of the applicant's warehouse if he warehouses liquor;

         m.   The applicant's retailer's occupation tax (ROT) registration number;

         n.   The applicant's document locater number on his federal special tax stamp;

         o.   Whether the applicant is delinquent in the payment of the retailer's occupation tax (sales tax), and if so, the reasons therefor;

         p.   Whether the applicant is delinquent under the cash beer law, and if so, the reasons therefor;

         q.   In the case of a retailer, whether he is delinquent under the thirty (30) day credit law, and if so, the reasons therefor;

         r.   In the case of distributor, whether he is delinquent under the fifteen (15) day credit law, and if so, the reasons therefor;

         s.   Whether the applicant has made an application for a liquor license which has been denied, and if so, the reasons therefor;

         t.   Whether the applicant has ever had any previous liquor license suspended or revoked, and if so, the reasons therefor;

         u.   Whether the applicant has ever been convicted of a gambling offense or felony, and if so, the particulars thereof;

         v.   Whether the applicant possesses a current federal wagering stamp, and if so, the reasons therefor;

         w.   Whether the applicant, or any other person, directly in his place of business is a public official, and if so, the particulars thereof;

         x.   The applicant's name, sex, date of birth, social security number, position and percentage of ownership in the business; and the name, sex, date of birth, social security number, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager and any person who owns five percent (5%) or more of the shares of the applicant business entity or parent corporation of the applicant business entity; and

         y.   That he has not received or borrowed money or anything else of value, and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed ninety (90) days as herein expressly permitted under 235 ILCS 5/6-5), directly or indirectly, from any manufacturer, importing distributor or distributor or from any representative of any such manufacturer, importing distributor or distributor, nor be a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of 235 Illinois Compiled Statutes 5/6-6.

      2.   In addition to any other requirement of this subsection, an applicant for a special use permit license and a special event retailer's license shall also submit: a) proof satisfactory to the liquor commissioner that the applicant has a resale number issued under section 2c of the retailer's occupation tax act 2 or that the applicant is registered under section 2a of the retailer's occupation tax act 3 ; b) proof satisfactory to the liquor commissioner that the applicant has a current, valid exemption identification number issued under section 1g of the retailer's occupation tax act 4 and a certification to the liquor commissioner that the purchase of alcoholic liquors will be a tax-exempt purchase; or c) a statement that the applicant is not registered under section 2a of the retailer's occupation tax act, does not hold a resale number under section 2c of the retailer's occupation tax act, and does not hold an exemption number under section 1g of the retailer's occupation tax act. The applicant shall also submit proof of adequate dram shop insurance for the special event prior to being issued a license.

      3.   In addition to the foregoing information, such application shall contain such other and further information as the village may, by rule or regulation not inconsistent with law, prescribe.

      4.   If the applicant reports a felony conviction as required under subsection A1u of this section, such conviction may be considered by the village in determining qualifications for licensing, but shall not operate as a bar to licensing.

      5.   If said application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by one member of such partnership or the president or secretary of such corporation or an authorized agent of said partnership or corporation. (1999 Code § 3.03; amd. 2005 Code)

   B.   Any retailer liquor dealer license that is granted to an applicant must be renewed annually prior to May 1. (Ord. 2002-04, 4-9-2002)

No retail alcoholic liquor dealer's license shall be issued to:

   A.   A person who is not a citizen of the United States.

   B.   A person who has been convicted of a felony under any federal or state law, if the local liquor control commissioner determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.

   C.   A person who has been convicted of being the keeper or is keeping a house of ill fame.

   D.   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.

   E.   A person whose license issued under this chapter or the Illinois liquor control act of 1934 1 has been revoked for cause.

   F.   A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.

   G.   A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residency within the village.

   H.   A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence with the village.

   I.   A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the business corporation act of 1983 2 to transact business in Illinois.

   J.   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.

   K.   A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor subsequent to January 31, 1934, or has forfeited his bond to appear in court to answer charges for any such violation.

   L.   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.

   M.   Any law enforcing public officials, including members of local liquor control commissions, any president of the village board of trustees, any member of the village board of trustees, and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor; except, that 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 local liquor control commissioner and the state liquor control commission.

   N.   A person who is not a beneficial owner of the business to be operated by the licensee.

   O.   A person who has been convicted of a gambling offense as proscribed by any of subsection (a)(3) through (a)(11) of section 28-1, or as proscribed by section 28-1.1 or 28-3 of the criminal code of 1961, or as proscribed by a statute replace by any of the aforesaid statutory provisions.

   P.   A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the raffles act 3 or the Illinois pull tabs and jar games act 4 .

   Q.   A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in 235 Illinois Compiled Statutes 5/621. (1999 Code § 3.04; amd. Ord. 2002-07, 6-11-2002; 2005 Code)

Application for a liquor license shall be forwarded to the chief of police. It shall be the duty of the chief of police to cause an investigation of such applicant and to report in writing, within sixty (60) days, to the liquor commissioner as to the applicant's character. No license shall be issued until such report has been completed and filed with the liquor commissioner. (1999 Code § 3.05)

Each retail liquor dealer's license shall terminate on April 30 next following its issuance. The renewal fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. A refund shall be made to any licensee discontinuing business during the month of May of any year for the remaining eleven (11) calendar months of the unexpired term of said license, and no other refunds on licenses shall be made to the licensee except as provided in section 3-1-12 of this chapter. Renewal license fees shall be paid in advance. (1999 Code § 3.08)

Retail dealer's licenses shall be divided into the following classes:

   A.   Class A License: Class A license shall authorize the retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sale of such liquor. Without exception, the gross receipts for such premises must reflect, based on each preceding federal tax year, at least seventy five percent (75%) from the sale of alcoholic liquor, and no more than twenty five percent (25%) of said gross receipts shall be from the sale of other goods or services other than alcoholic liquor. The fee for such license shall be one thousand dollars ($1,000.00) for each year that the license is issued in the name of such licensee.

   B.   Class B License: Class B license shall authorize the retail sale of beer and wine by "beer and wine establishments", as defined in section 3-1-2 of this chapter, for consumption on the premises only. The fee for such license shall be six hundred fifty dollars ($650.00) for each year that the license is issued in the name of the licensee.

   C.   Class C License: Class C license shall authorize the retail sale of alcoholic liquor by "clubs", as defined in section 3-1-2 of this chapter, for consumption on the premises as well as other retail sales of such liquor. The fee for such license shall be five hundred dollars ($500.00) for each year that the license is issued in the name of such licensee.

   D.   Class D License: Class D license shall authorize the retail sale of alcoholic liquor for consumption off the premises only. The fee for such license shall be six hundred fifty dollars ($650.00) for each year that the license is issued in the name of such licensee.

   E.   Class E License: Class E license shall authorize the retail sale of alcoholic liquor by "restaurants", as defined in section 3-1-2 of this chapter, for consumption on the premises. The fee for such license shall be seven hundred fifty dollars ($750.00) for each year that the license is issued in the name of such licensee.

   F.   Class F License: Class F license shall authorize the retail sale of alcoholic liquor by "hotels", as defined in section 3-1-2 of this chapter, for consumption on the premises. The fee for such license shall be seven hundred fifty dollars ($750.00) for each year that the license is issued in the name of such licensee. (1999 Code § 3.06)

   G.   Class G License: Class G license shall authorize the sale of alcoholic liquor for consumption on the premises of an operating "bowling alley"; provided, that said bowling alley shall contain not less than six (6) lanes for bowling. The annual fee for said license shall be seven hundred fifty dollars ($750.00). Said bowling alley shall derive not less than ten percent (10%) of its gross revenues from bowling or goods and services other than alcoholic liquor. An area shall be designated within said bowling alley for said service of alcoholic liquor and separated from the rest of the bowling alley in accordance with plans approved by the liquor commissioner. Said area for the service of alcoholic liquor may contain a bar of sufficient size to accommodate not more than two (2) seating places per bowling lane in the bowling alley, it being the intention of the liquor commissioner to authorize the service of alcoholic liquor as an adjunct to bowling activities. The liquor commissioner, or his designated agent, shall be allowed to examine any records or receipts of the licensee at any time. (1999 Code § 3.06; amd. 2005 Code)

   H.   Class H License: Class H license shall authorize the retail sale and/or the sampling of wine only, produced from fruits or plants, on the premises specified. The days and hours for the retail sale and/or the sampling of wine shall coincide with the days and hours listed in this chapter. The fee for such license shall be one hundred twenty five dollars ($125.00) for each year that the license is issued in the name of such licensee. (Ord. 2004-22, 8-10-2004)

All liquor license fees shall be paid to the liquor commissioner at the time application is made and shall be forthwith turned over to the village treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant. If the license is granted, the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the village board. (1999 Code § 3.09)

The number of licenses authorized to be issued in each classification is as follows:

 

(1999 Code § 3.28; amd. 2005 Code)

   A.   Nontransferability: A license issued under this chapter shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee; provided, that the executors or administrators of the estate of any deceased licensee and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may contain the business of the sale or manufacture of alcoholic liquor, under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but no longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prohibited from operating under such license in accordance with the provisions of this subsection. (1999 Code § 3.12)

   B.   Renewals: Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license, and the premises for which such renewal license is sought are suitable for such purpose, and provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall not in any case prevent the village president and board of trustees from decreasing the number of licenses to be issued within its jurisdiction. No retailer's license shall be renewed if the department of revenue has reported to the Illinois liquor control commission that such retailer is delinquent in filing any required tax returns or paying any amounts owed to the state until the applicant is issued a certificate by the department of revenue stating that all delinquent returns or amounts owed have been paid by guaranteed remittance or the payment agreement to pay all amounts owed has been accepted by the department. No retailer's license issued by the local liquor commissioner shall be renewed unless the applicant provides documentation that any tax owed to the village by the applicant has been satisfied by payment in the form of a cashier's check, certified check, money order, or cash. (1999 Code § 3.12; amd. 2005 Code)

   C.   Dishonored Payments: A negotiable instrument received as payment for a license fee, transfer fee, late fee, offer in compromise, predisciplinary conference settlement, or fine imposed by order that is dishonored on presentation shall not be considered payment and shall be cause for disciplinary action. (2005 Code)

   A.   Class F License: No class F license shall be issued to any hotel unless such hotel shall contain eight (8) or more rooms for sleeping accommodations of such guests and unless such hotel shall contain one or more public dining rooms with a minimum seating capacity of forty (40) guests where meals are served to such guests; such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith, and such building or buildings being provided with adequate and sanitary kitchen and dining room equipment and capacity.

   B.   Class E License: No class E license shall be issued to any restaurant which does not strictly comply with all requirements for a "restaurant", as defined in section 3-1-2 of this chapter. (1999 Code § 3.07)

   C.   Class E, F Or G License: No class E, F or G license shall be issued except to the qualified holder of a certificate of occupancy properly issued by the code official; provided, however, that the village board may enter into any agreement with an applicant for a license as is deemed by the liquor commissioner to be necessary and proper for the issuing of such license where such applicant has applied for a building permit, has filed complete building plans prepared by an architect or licensed structural engineer and has shown evidence of an ability to proceed and complete the construction according to the permit plans within a period of time from the date of issuance of the building permit, said permit not to exceed two (2) years as determined by the liquor commissioner. Any such agreement shall require of such applicant the posting of bond guaranteeing the completion of the structure for which such class E, F or G license is sought within said period of time not to exceed two (2) years in compliance with the ordinances of the village. (1999 Code § 3.07; amd. 2005 Code)

   A.   Sales In Residential Districts Prohibited: All territory within the village is determined to be predominantly residential in character. It shall be unlawful to sell or offer for sale or retain any alcoholic liquor within any portion of the village unless the area in which such sale is sought is zoned other than R-1 or R-2 as defined in the zoning regulations of the village 1 . (1999 Code § 3.20)

   B.   Restricted Locations: No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') 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; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where the 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 one hundred feet (100') of any church or school where the church or school has been established within such one hundred feet (100') since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. (1999 Code § 3.21; amd. 2005 Code)

   C.   Change Of Location: A retail liquor dealer's license shall permit the sale of alcoholic liquor only within the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the liquor commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of the state and the ordinances of the village. (1999 Code § 3.13)

   D.   View From Street:

      1.   In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than a restaurant, hotel or club), no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises which shall prevent a clear view into the interior of such licensed premises from the street or alley at all times. No booth, screen, partition or other obstruction, nor any arrangement of lights or lighting, shall be permitted in or about the interior of such premises which shall prevent a full view of the entire interior of such premises from the street or alley or sidewalk.

      2.   The premises shall be so located that there shall be a full view of the entire interior of such premises from the street, alley, road or sidewalk. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural or artificial white light so that all parts of the interior of the premises shall be clearly visible.

      3.   In case the view into any such licensed premises shall be wilfully obscured or in any manner obstructed, then such license shall be subject to revocation. In order to enforce the provisions of this subsection, the liquor commissioner shall have the right to require the filing with him of plans, drawings and photographs showing the clearance of the view as above required.

      4.   No window display of liquor shall be permitted. (1999 Code § 3.23; amd. 2005 Code)

   E.   Occupancy: In addition to any other requirements of the village concerning occupancy of premises, no licensee, his agent or employee shall permit more than one person per each fifteen (15) square feet of floor space within the licensed premises. For purposes of this subsection, "licensed premises" shall not include kitchen area, storage area and/or other similar areas which are used by the licensee and/or his employees and not used by or open to the licensee's patrons. (1999 Code § 3.29)

   F.   Sanitary Premises: All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition and shall be kept in full compliance with the provisions of ordinances regulating the condition of premises for the storage or sale of food for human consumption. (1999 Code § 3.18)

   A.   It shall be unlawful to sell or offer for sale in the village at retail any alcoholic liquor between the hours of one o'clock (1:00) A.M. and twelve o'clock (12:00) noon Sunday, and between the hours of twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M. on any weekday. Hours shall be as follows: Monday, Tuesday, Wednesday and Thursday, establishments may be open from seven o'clock (7:00) A.M. until twelve o'clock (12:00) midnight; Friday and Saturday, establishments may be open from seven o'clock (7:00) A.M. to one o'clock (1:00) A.M. the following day; Sunday, establishments may be open from twelve o'clock (12:00) noon until eleven o'clock (11:00) P.M. (Ord. 2010-05, 6-8-2010)

   B.   All establishments shall close at six o'clock (6:00) P.M. on Christmas Eve and shall not open until six o'clock (6:00) P.M. on Christmas Day and shall be allowed to remain open until two o'clock (2:00) A.M. on New Year's Eve. If New Year's Eve falls on a weekday, weekday opening hours shall prevail, and if New Year's Day falls on a Sunday, the opening shall be at twelve o'clock (12:00) noon. (1999 Code § 3.22)

   A.   Presence On Premises:

      1.   No person under the age of twenty one (21) years, not accompanied by his parent or legal guardian, shall enter or remain in any premises licensed by the village for the sale of alcoholic liquor at retail, except a person under the age of twenty one (21) years may enter or remain in any premises licensed class A, B, C, E, F or G in an area other than the bar area.

      2.   No licensee, his agent or his employee shall permit or allow a person under the age of twenty one (21) years, not accompanied by his parent or legal guardian, to enter or remain in the licensee's premises, except a person under the age of twenty one (21) years may be allowed to enter or remain in any premises licensed class A, B, C, E, F or G in an area other than the bar area.

   B.   Sales To Prohibited: No licensee shall sell, or permit to be sold through his employees or agents, any alcoholic liquor at retail to any person under the age of twenty one (21) years.

   C.   Identification Required: It shall be unlawful for any licensee or his agents or employees to sell, give or deliver alcoholic liquor before demanding presentation of some form of positive identification with the purchaser's picture imprinted on it containing adequate written evidence of age and identity of the person; the document shall be issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces; where such licensee or his agents or employees believe or have reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the age of the prospective recipient. (1999 Code § 3.24; amd. 2005 Code)

   D.   Misrepresenting Age: No person under the age of twenty one (21) years shall represent that he is of age for the purpose of violating any prohibited conduct specified in this chapter. (1999 Code § 3.26)

   E.   Furnishing To, Consumption By: Any person under the age of twenty one (21) years shall not be given or permitted to drink any alcoholic liquor in or upon the premises licensed for the sale at retail of alcoholic liquor.

   F.   Purchase And Possession: Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase or accept a gift of or have alcoholic liquor in his possession. No person shall purchase, accept, deliver or have possession of alcoholic liquor in violation of this section. The consumption of alcoholic liquor by any person under twenty one (21) years of age is unlawful. (1999 Code § 3.24)

   G.   Prohibitions Restricted To Underage Persons: No licensee, his agent or his employee shall deny to another who is, by this section and law, otherwise entitled to consume alcoholic beverages any full and equal enjoyment of the licensed premises, facilities or services because of age unless the person to be so denied is below the age of twenty one (21) years. (1999 Code § 3.24; amd. 2005 Code)

   H.   Exemptions: The possession and dispensing, or consumption by a person under the age of twenty one (21) years in the performance of a religious service or ceremony, or the consumption by a person under the age of twenty one (21) years under the direct supervision and approval of the parent or parents of such minor in the privacy of a home is not prohibited by this section. (1999 Code § 3.24)

   A.   Allowing Consumption: It shall be unlawful for anyone not having a class A, B, C, D, E, F, G or H license to offer for sale any alcoholic liquor for consumption on or off the premises where sold. (1999 Code § 3.10; amd. 2005 Code)

   B.   Peddling Liquor: It shall be unlawful to peddle alcoholic liquor in the village. (1999 Code § 3.15)

   C.   Employees Under Influence: No applicant, employee or agent of a retail liquor dealer license holder may be under the influence of any alcoholic liquor and/or illegal drug while performing duties of employment or acting as a volunteer of employment at the address of the retail liquor license. Any violation of this subsection shall be covered under section 3-1-25 of this chapter. (Ord. 2002-04, 4-9-2002)

   D.   Tampering With, False Identification: It shall be unlawful for any person to transfer, alter or deface an identification card, to use the identification card of another person, carry or use false or forged identification or obtain an identification card by means of false information for the purpose of buying, accepting or receiving alcoholic liquor or attempting to buy, accept or receive alcoholic liquor. (1999 Code § 3.25)

   A.   Open Containers: It shall be unlawful for any person to carry on any street, alley or other way publicly maintained, an open container of alcoholic beverage. A "container of alcoholic beverage", for the purpose of this subsection, shall be any bottle, glass, cup, can or other container. "Open" shall mean unsealed to the air, the same being a bottle with its cap off, a can with its lid open in any manner, or a glass or cup not hermetically sealed. "Alcohol" shall be defined as in section 3-1-2 of this chapter.

   B.   Sales From Original Containers: It shall be unlawful for any licensee, his agent or employee to sell for consumption not on the licensed premises, any alcoholic liquor in other than its original package ("original package" shall mean 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 such alcoholic liquor to contain and to convey any alcoholic liquor); provided further, that in the case of beer or malt liquor, "original package" shall mean in the case or carton and not single containers of less than seven (7) ounce capacity. No licensee, his agents or employees shall permit and no person shall remove from the licensed premises any alcoholic liquor except in its "original package" as defined in this subsection.

   C.   Materials; Plastic And Paper Prohibited: It shall be unlawful to serve alcoholic liquor for consumption on licensed premises in any container other than in a cast plastic, glass or other similar porcelain type material. Single use plastic and paper containers are expressly prohibited. (1999 Code § 3.17)

   A.   No licensee, his agent or employee shall allow or permit any person to perform acts of or acts which simulate:

      1.   Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law.

      2.   The touching, caressing or fondling of the breast, buttocks, anus or genitals.

      3.   The displaying of the pubic hair, anus, vulva or genitals.

      4.   The displaying of the breast so as to expose the nipple of the female breast.

      5.   The displaying of films or pictures depicting acts and/or a live performance which is prohibited by subsection A1, A2, A3 or A4 of this section.

   B.   No licensee, his agent or employee shall allow or permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (1999 Code § 3.30; amd. 2005 Code)

   A.   Authorized: The liquor commissioner is authorized to issue a temporary liquor license to any nonprofit religious, charitable, fraternal, educational or veterans' organization operating within the village, hereinafter termed, for purposes of this section, "nonprofit organization".

   B.   Application For License: Any nonprofit organization desiring a temporary liquor license shall make application therefor in writing to the liquor commissioner through the village clerk and accompany their application with the required license fee. The application shall be verified and be upon a form prepared by the village clerk and shall contain that information as far as is applicable as is required by this section for liquor licenses. All applications for temporary liquor licenses shall be made ten (10) days prior to the date of the event. The application, in addition to the above required information, shall indicate the nonprofit organization which is applying for the license. (1999 Code § 3.14)

   C.   License Fee: The fee for a temporary liquor license shall be twenty five dollars ($25.00). There will be no application fee for temporary licenses. (Ord. 2004-18, 7-13-1004)

   D.   Insurance Requirements: Applicants shall provide evidence of proper dram shop insurance issued by a company with a B+ rating or better, in a class of 7 or better. Said insurance policy shall be nonassessable and include the following minimum limits of coverage: bodily injury per person, one hundred thousand dollars ($100,000.00); bodily injury per occurrence, three hundred thousand dollars ($300,000.00); injury to means of support, one hundred thousand dollars ($100,000.00); and property damage, one hundred thousand dollars ($100,000.00).

   E.   Number Of Licenses Per Year: No more than one temporary liquor license shall be issued to any nonprofit organization during any calendar year.

   F.   Term Of License; Location: All such temporary licenses shall be valid for a period of eighteen (18) hours as specified in the license and at the place specified in the application. It shall be unlawful for any nonprofit organization to sell alcoholic beverages at any time other than the eighteen (18) hour period specified or at a place other than as specified in the license application and approved by the liquor commissioner.

   G.   Application Of Liquor Regulations; Trash, Litter And Parking: All provisions of this chapter not inconsistent with the stated terms of this section shall apply to temporary liquor licenses. No license shall be issued unless all of the criteria for a license established by this section have been met. In addition thereto, no temporary license shall be issued unless adequate trash receptacles are provided and sanitation provisions are made. The applicant is responsible for control of litter and other material during and after the event, and in addition, the applicant is responsible for demonstrating that adequate parking is available. (1999 Code § 3.14)

The liquor commissioner shall keep a complete record of all licenses issued and shall furnish the clerk, treasurer and chief of police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the liquor commissioner shall give written notice of such action to each of these officers within forty eight (48) hours of such action. (1999 Code § 3.11)

Every act or omission, of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer and licensee, and said employer and licensee shall be punishable in the same manner as if said act or omission had been done or committed by him personally. (1999 Code § 3.19; amd. 2005 Code)

A liquor license may be revoked or suspended and/or a fine imposed by the liquor commissioner only after a public hearing as follows:

   A.   Hearing Required; Notice: No license shall be revoked or suspended, nor shall a fine be imposed, except after a public hearing with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. The public hearing shall be held by the liquor commissioner.

   B.   Appeals: The licensee, after the receipt of such order of suspension or revocation, has the right of appealing the order to the state liquor control commission for a decision sustaining, reversing or modifying the order of the liquor commissioner. If the state liquor control commission confirms the liquor commissioner's order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued until the liquor commissioner's order is terminated by his own provisions or reversed upon a rehearing or by the courts.

   C.   Procedures:

      1.   The licensee shall at all times be afforded due process including the right to subpoena witnesses in his own behalf, the right to hear witnesses and evidence given against him, the right to counsel, the right to cross examination, and the right to demand a written specification of charges against him in advance of the hearing.

      2.   Witnesses shall be sworn, but in all other respects, the hearings shall be informal, and strict rules of evidence shall not apply.

      3.   A certified court reporter shall, at the public hearing, take the complete record of all evidence, testimony and comments and, upon notification by the liquor commissioner, shall prepare a certified official record of the proceedings suitable for filing with the state liquor control commission and that all reviews of the proceedings of the liquor commissioner be on the record so that the state commission's scope of review is limited to those three (3) instances stated therein. The cost of taking and preparing the certified official record of the proceeding shall be shared equally between the liquor commissioner and the licensee, with payment of the licensee's share to be made to the village at or before the time the order of the liquor commissioner becomes effective; provided however, if the order, action or decision of the liquor commissioner is reversed by the state commission or a court of law, any such payment made by the licensee shall be returned.

   D.   False Statements Prohibited: No person shall make a false statement to the liquor commissioner, material to the issue or point in question, knowing such statement to be false. (1999 Code § 3.33)

   A.   After public hearing as provided herein, and if the liquor commissioner determines that any of the grounds for fine and/or suspension or revocation of a license exists as stated in this chapter, the liquor commissioner may do any of the following:

      1.   Impose a fine against the licensee. Any fine imposed shall not exceed one thousand dollars ($1,000.00) for a first violation within a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period, and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation for which a separate fine may be assessed. Fines may be payable in the manner indicated in any order which results from a hearing, or as the liquor commissioner may otherwise specify in writing, and the failure to pay any part of the fine as so indicated or specified may result in the license being summarily suspended or revoked by the liquor commissioner. The licensee may request a hearing on such action; but pending a hearing and a decision thereon by the liquor commissioner, the license shall remain suspended or revoked. It shall be the duty of each licensee who cannot make a fine payment as indicated or specified to request a hearing at the earliest possible time to explain the situation and request that license(s) not be suspended or revoked, as provided for herein, or for any other reason. Any fine may be collected in court as provided by law. (1999 Code § 3.34; amd. 2005 Code)

      2.   May suspend the liquor license of such licensee for a period of not more than thirty (30) days.

      3.   May revoke the liquor license of such licensee.

      4.   May suspend the liquor license and fine the licensee for a term and an amount consistent with the subsections A1 and A2 of this section.

   B.   In making this determination to reprimand, fine or suspend or revoke, or in determining the amount of a fine imposed or the length of a suspension imposed, the liquor commissioner may consider any of the following:

      1.   The nature of the violation.

      2.   Past violations of the licensee occurring within the immediately preceding three (3) year period.

      3.   Past action of the liquor commissioner in comparable situations.

      4.   The factual situation and circumstances surrounding the violation as presented at the public hearing. (1999 Code § 3.34)

Any person violating any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense unless a different fine is provided. (1999 Code § 3.36; amd. 2005 Code)

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:

   CANVASSER: A person engaged in the occupation of going from place to place in the village on the public ways and commercial establishments or in or on residential property to contact residents of the village or other persons in the village where there is no request, invitation or appointment for such contact, and who takes orders for commodities or articles for future delivery.

   ITINERANT MERCHANT: A person engaged in business who conducts a temporary or transient business in the village of selling commodities, articles or services with the intention of continuing such business in the village for not more than one hundred twenty (120) days, and who, in such business, uses, leases or occupies all or part of any room, structure or vacant lot in the village for the display of such commodities, or articles, or in connection with the offerings of such services.

   PEDDLER: A person engaged in business who sells or offers for sale any commodity or article, traveling from place to place in the village, or who sells or offers for sale and delivery from any vehicle going from place to place in the village any commodity or article and to carry such commodity with him for delivery at the time of sale.

   PLACE TO PLACE: Includes residential, industrial and business establishments, but does not apply to the wholesale selling of commodities or articles for their resale or use in industrial or business establishments.

   SOLICITOR: A person engaged in business going from place to place in the village soliciting subscriptions for, or subscription is made or entered into for, books, magazines, newspapers or other periodicals or publications for immediate or future delivery, or going from place to place in the village offering to furnish services or inviting orders for services. (1999 Code § 6.03)

No person shall work or act as a peddler, solicitor, itinerant merchant or canvasser without a license; provided, however, that the licensing provisions herein shall not be required for the following:

   A.   Any church, congregation, religious society, group or order which solicits funds for religious purposes.

   B.   Any organization which solicits funds solely from its own members or from its own assemblies not using public streets or public places for such purposes.

   C.   Any person under the age of sixteen (16) years.

   D.   Any person soliciting or canvassing on behalf of a community enrichment or community enhancement program for the purpose of benefiting that community. (1999 Code § 6.04)

   A.   To obtain a license under this chapter, a person must register with the police department and furnish in writing the following information:

      1.   Name, description and tax or social security number of applicant.

      2.   Permanent and local address.

      3.   A brief description of the nature of the business and goods to be sold.

      4.   The name and address of the person by whom the applicant is employed or with whom he is associated, if any.

      5.   The length of time the applicant wishes to be engaged in such activity and the exact days and hours on which applicant intends to be in the village engaged in such activity.

      6.   If a vehicle is to be used, description of the same or other means of identification.

      7.   Whether or not the applicant has ever been convicted of any misdemeanors or felonies and, if so, the nature of such misdemeanors or felonies.

      8.   Whether or not the applicant or the organization with which the applicant is associated is recognized as a charity by the Illinois attorney general's office.

   B.   At the time of filing, an applicant who is not a resident of the village shall submit a nonrefundable seventy five dollar ($75.00) application fee. No fee shall be charged to applicants who are residents of the village.

   C.   Each registrant shall affix his signature to the statement of information required by this section. (1999 Code § 6.04)

   A.   It shall be the duty of the chief of police to promptly make such verification of the information stated by the applicant as the circumstances require and to complete such investigation in not more than three (3) days after the filing of an application.

   B.   It shall be unlawful for any person to engage as a peddler, solicitor, itinerant merchant or canvasser within the village until a period of three (3) days has elapsed from the date on which he has submitted an application and furnished the information required by this chapter, unless prior to the expiration of that three (3) day period, the chief of police advises the registrant that the facts stated by him in compliance with the registration requirement have been sufficiently verified.

   C.   All such applications, upon being processed by the police department, shall be submitted to the village clerk with a determination as to whether or not all requirements of this chapter have been met. If the applicant does not meet the requirements, the police chief shall advise the village clerk that no license shall be issued. If the requirements are satisfactorily met, then a license shall be issued.

   D.   It shall be unlawful for any person to engage as a peddler, solicitor, itinerant merchant or canvasser within the village if any of the information furnished by him, as required by this chapter, which is material to his character and responsibility or to the activity which he proposes to engage in has been falsely stated or is adverse to his character. (1999 Code § 6.04)

The license herein required shall express the time it is to operate and continue; the name of the person and the article, thing or merchandise licensed; identification of a vehicle, if any; and whether such licensee shall pass from place to place or remain at a fixed point in the village. (1999 Code § 6.04)

Licenses under this chapter shall be granted for the period requested; provided, however, that no license shall be granted for a period in excess of one hundred twenty (120) days. Licenses issued pursuant to this chapter are not assignable or transferable. (1999 Code § 6.04; amd. 2005 Code)

It shall be the duty of any person engaging as a peddler, solicitor, itinerant merchant or canvasser within the village to show the license issued to him by the village clerk, as provided in this chapter, to the person to be solicited at the time of introduction and upon request. It shall be deemed a violation of this section to fail or refuse to display a current license issued by the village of Waterman. (1999 Code § 6.04; amd. Ord. 2006-03, 3-14-2006)

   A.   Hours: No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors, or otherwise disturb persons in their residences between the hours of eight o'clock (8:00) P.M. and nine o'clock (9:00) A.M.

   B.   Noise: No peddler, solicitor, itinerant merchant or canvasser shall carry on his trade by means of loud outcries or other noises that unreasonably alarm residents of the village.

   C.   Rights Maintained: No provision of this chapter shall be construed so as to deprive any person of his right of freedom of religion or freedom of speech as guaranteed by the constitution of the state of Illinois or the constitution of the United States or as any infringement upon businesses engaged in interstate commerce. (1999 Code § 6.03)

   D.   Uninvited Peddling And Soliciting:

      1.   Notice Requirements: It shall be unlawful for any person to enter upon any property of another in the village after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or to remain upon the property of another after receiving notice from the owner or occupant to depart. A person shall be deemed to have received notice from the owner or occupant within the meaning of this subsection if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted at the main entrance to said property or the forbidden part thereof. The owner or occupant of any residence who desires to forbid trespasses by solicitors or peddlers, or unlicensed solicitors and peddlers, may attach or exhibit upon or near the main front door, and the main rear or side door (if any and if to be protected), a card or plaque stating such of the following as may be appropriate, in letters at least one-third inch (1/3") in height:

   Solicitors and Peddlers Prohibited

   or

      2.   Violations: Any person soliciting or peddling who is forbidden entry by a notice given in compliance with this subsection shall be deemed guilty of remaining on the property after receiving notice to depart if he shall ring the doorbell or knock or create any sound calculated to attract the attention of the occupant.

      3.   Exemptions: Notices exhibited pursuant to this subsection shall not be deemed applicable to and shall not prevent access to residential property by a solicitor or peddler who has received prior invitation, written or oral, from the owner or occupant thereof. (2005 Code)

Licenses issued pursuant to this chapter may be revoked or denied by the Village after notice given in writing setting forth specifically the grounds of the complaint for any of the following causes:

   A.   Any fraud, misrepresentation or false statement contained in the application for license.

   B.   Conviction of any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, service or merchandise.

   C.   Any violation of this chapter. (1999 Code § 6.04)

   D.   Conviction of the licensee of any felony or misdemeanor within the pastten (10) years.

   E.   Conviction of any crime involving stalking, burglary or moral turpitude, or status as a registered sex offender. (Ord. 2006-03, 3-14-2006; amd. Ord. 2023-10, 10-10-2023)

Any person aggrieved by the decision of the village clerk in regard to denial of application for license as provided in this chapter, or in connection with the revocation of a license as provided in this chapter, shall have the right to appeal to the village board of trustees. Such appeal shall be taken by filing a written statement setting forth the grounds for the appeal with the village clerk within fourteen (14) days after the notice of the decision by the village clerk or decision of the mayor has been mailed to such person's last known address. The village board of trustees shall then schedule a hearing on such appeal at the next regular board meeting. Notice of such hearing shall be given to such person in the same manner as provided herein for notice of hearing of revocation. (1999 Code § 6.04; amd. 2005 Code; Ord. 2006-03, 3-14-2006)

Any person found to have violated any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) for a first offense, not less than one hundred fifty dollars ($150.00) for a second offense, and not less than two hundred fifty dollars ($250.00) for each subsequent offense. The maximum fine in each instance shall not exceed seven hundred fifty dollars ($750.00) per offense. (Ord. 2006-03, 3-14-2006)

It shall be unlawful for any person to keep, maintain or conduct a pool or billiard hall within the corporate limits of the village without first having been granted a license to do so by the village board of trustees. (1999 Code § 6.05)

Before any license shall be granted, the person desiring same shall make application to the village board of trustees in writing, stating the location of the building. No license shall be granted to any person not of good moral character, nor until the license fee is paid to the village clerk. (1999 Code § 6.05)

The license fee shall be one hundred dollars ($100.00) for the first table, twenty five dollars ($25.00) for the second table and fifteen dollars ($15.00) for each additional table. (1999 Code § 6.05)

No license issued hereunder shall be transferable. (1999 Code § 6.05)

The license shall be subject to all ordinances in relation to such license which may be in force at the time of issuing same or made subsequent thereto. If any person licensed shall violate any provision of any ordinance in relation to his license, or conduct his business in a disorderly or offensive manner, or in any manner violate any ordinance, his license may be revoked by the mayor. Appeals regarding said revocation shall be made to the village board of trustees. (1999 Code § 6.05; amd. 2005 Code)

 

 

   A.   No person or business shall operate as a mobile food vendor without first having obtained a vendor permit from the village.

   B.   All mobile food vendors shall apply for a vendor permit for one calendar year to operate within the village. Permits should be renewed annually.

   C.   Application for such shall be made to the village clerk upon the prescribed form provided by the same. The application shall include, or be accompanied by, at a minimum:

      1.   The name and address and telephone number of applicant(s). If applicant is a corporation, limited liability company, or partnership, then the names, telephone number and addresses of all parties holding more than a five percent ownership or control interest shall also be provided.

      2.   The name, telephone number, and address of the party responsible for the day-to-day management/operations of the business.

      3.   A copy of the health permit(s) under which applicant will be operating.

      4.   Certificate of Insurance showing insurance.

      5.   Copy of current, valid, registration of the vehicle or trailer.

      6.   A description of the business and services.

      7.   Annual non-refundable permit fee. (Ord. 2020-11, 10-13-2020)

   A.   A mobile food truck vendor must hold the following certifications at all times of operation within the village and documentation of such shall be provided to the village clerk upon application for a mobile food vendor permit, and at any other time upon request by the village:

      1.   Valid DeKalb County Health Department Permit.

      2.   Vehicle and general liability insurance certificates, each evidencing at least $1,000,000.00 coverage and naming the Village of Waterman as an additional insured.

      3.   Must have a valid state license plate for either a truck or trailer.

      4.   Any other permits/licenses which may be required by applicable federal, state, or local laws, statutes, regulations, or ordinances. (Ord. 2020-11, 10-13-2020)

No person shall operate as a mobile food vendor except in accordance with the following provisions at all times.

   A.   Mobile food vendors can operate at designated areas on a “first come, first served” basis.

   B.   Mobile food vendors are permitted in commercial and industrial zoned sites.

   C.   Parking of any other vehicles, including vehicles used to tow, within the designated areas during the operation of a mobile food truck is prohibited.

   D.   Tents, tables, or chairs may be placed within the designated areas, if it does not impede traffic or cause a safety hazard.

   E.   Noise from mobile food vendor, including, but not limited to, generators and music, shall not exceed 75 decibels as measured ten feet from any part of the mobile food truck.

   F.   Mobile food vendors shall collect all trash and debris resulting from the operation of the mobile food vendor businesses.

   G.   Mobile food vendors operating on private property shall provide certification or other acceptable proof, upon request by the village, that the property owner has granted permission for such operation.

   H.   Mobile food vendors operating in any designated area which is in a public street, road or right-of-way shall observe the following rules:

      1.   Double-parking is not allowed.

      2.   The mobile food truck shall be parked within 12 inches of the curb if possible, but in no event more than 24 inches from the curb.

      3.   No portion of the mobile food truck, or any extension thereof, or adjacent service area shall block, obstruct, or interfere with vehicular, bicycle, or pedestrian traffic.

      4.   No portion of the mobile food truck shall be within 50 feet of an intersection.

      5.   The mobile food vendor shall be responsible to ensure that no congregation of persons around the mobile food truck creates an obstruction or safety hazard to passerby, whether vehicular, bicycle, or pedestrian.

   I.   Mobile food vendor (or any employee thereof) shall always be present during all posted or advertised operating hours. Temporary closure for the purpose of restocking supplies or otherwise carrying out tasks necessary for continued operation shall be permitted.

   J.   Mobile food vendors shall be responsible for the proper disposal of all grease, litter and waste generated by their operation.

   K.   Mobile food vendors conducting retail sales shall not utilize extension cords in such a manner as to cross a public right-of-way or sidewalk. Exceptions to this provision may be granted for special events and all cords must be properly secured.

   L.   Mobile food vendors shall not conduct any major repairs or disassembly of a vehicle or trailer directly at the site of operation.

   M.   Mobile food vendors shall not operate any closer than 50 feet from any restaurant without first receiving permission from that restaurant.

   N.   All mobile food vendors shall abide by any and all other federal, state, and local laws, ordinances, and regulations applicable to mobile food vendors. (Ord. 2020-11, 10-13-2020)

Any person found to have violated any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) for a first offense, not less than one hundred fifty dollars ($150.00) for a second offense, and not less than two hundred fifty dollars ($250.00) for each subsequent offense. The maximum fine in each instance shall not exceed seven hundred fifty dollars ($750.00) per offense. (Ord. 2006-03, 3-14-2006; amd. Ord. 2020-11, 10-13-2020)

This chapter shall be known and may be cited as the “Charitable Raffles Ordinance.” (Ord. 2022-05, 6-14-2022)

The following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

No person, firm, corporation, or other entity shall conduct a raffle without having first obtained a charitable raffle license therefore pursuant to this chapter. A raffle shall be deemed to occur in the village if the determination of one or more winners thereof is made or announced within the corporate limits in the village. (Ord. 2022-05, 6-14-2022)

Charitable raffle licenses shall come in one of the following classes:

   A.   A class 1 license shall authorize the conducting of multiple raffles by a single applicant during a specified calendar year. The aggregate retail value of all prizes awarded as part of a single raffle shall not exceed five thousand dollars ($5,000.00). The aggregate retail value of all prizes awarded during the calendar year shall not exceed fifty thousand dollars ($50,000.00). In addition, the maximum retail value of any single prize shall not exceed two thousand five hundred dollars ($2,500.00). The annual license fee shall be ten dollars ($10.00). A class 1 license shall authorize the sale or purchase of chances in person and on-line Winners shall be determined via manual selection.

   B.   A class 2 license shall authorize the conducting of a single raffle. Chances for the raffle may be sold after the issuance of the license and up to three hundred sixty-four (364) days thereafter but all prizes must be awarded on the same day as part of a single determination. The aggregate retail value of all prizes awarded shall not exceed fifty thousand dollars ($50,000.00). The annual license fee shall be ten dollars ($10.00). A class 2 license shall authorize the sale or purchase of chances in person and on-line. Winners shall be determined via manual selection.

   C.   A class 3 license shall authorize the conducting of a single raffle. Chances for the raffle may be sold after the issuance of the license and up to three hundred sixty-four (364) days thereafter but all prizes must be awarded on the same day as part of a single determination. The maximum price of a raffle chance shall not exceed one thousand dollars ($1,000.00). The aggregate retail value of all prizes awarded shall not exceed two hundred fifty thousand dollars ($250,000.00). The annual license fee shall be one-half of one (0.5) percent of the aggregate retail value of the prizes to be awarded. A class 3 license shall authorize the sale or purchase of chances in person and on-line. Winners shall be determined via manual selection.

   D.   A class 4 license shall authorize the conducting of a single raffle. Chances for the raffle may be sold after the issuance of the license and up to three hundred sixty-four (364) days thereafter but all prizes must be awarded on the same day as part of a single determination.

   E.   The aggregate retail value of all prizes awarded shall not exceed five hundred thousand dollars ($500,000.00). The annual license fee shall be one (1) percent of the aggregate retail value of the prizes to be awarded. A class 4 license shall authorize the sale and purchase of chances on-line and the manual or electronic determination of winners. (Ord. 2022-05, 6-14-2022)

All applications for a charitable raffle license shall be submitted to the Village Clerk prior to the holding of the raffle. The application shall be on a form prepared and furnished by the Clerk. The application must contain at least the following information:

   A.   The name, address, telephone number and email address of the applicant, the raffles manager and the operator of the raffle, if different;

   B.   A sworn statement signed by the presiding officer and secretary of the applicant attesting to the not-for-profit character of the applicant;

   C.   A statement describing the purpose of the raffle;

   D.   The areas within the village in which raffle chances will be sold or issued;

   E.   The time period during which raffle chances will be sold or issued;

   F.   The date, time and location of the determination of the winning chances;

   G.   The aggregate retail value of all prizes to be awarded by a single raffle;

   H.   The maximum retail value of each prize to be awarded in a single raffle;

   I.   The maximum to be charged for each raffle chance;

   J.   The maximum number of chances to be issued;

   K.   The class of license applied for;

   L.   If chances are to be sold on-line, the name, address, telephone number, and email address of the organization in possession of the computer servers providing hosting services for the raffle and the URL of all websites at which the raffle chances may be purchased. If chances are sold in-person, the specific locations(s) where chances will be sold/issued;

   M.   Identification/contact information of the manager who will run the raffle and identification/contact information of the record keeper.

   N.   Sworn statement from the application that it will (i) abide by the Illinois Raffles and Poker Runs Act; (ii) that each officer, director, employee would not be ineligible for the license; (iii) that the application is a charitable organization and (iv) attesting to the truth of the entire application.

The Board of Trustees shall approve or deny a charitable raffle license within thirty (30) business days of the submittal of a proper application. The Board of Trustees may, in its sole discretion, reject any application for a license if it determines that the rules and regulations of the proposed raffle do not provide sufficient opportunities to win or do not provide for an acceptable pay-out of the net proceeds received for the raffle. (Ord. 2022-05, 6-14-2022)

A charitable raffle license may only be issued to a bona fide chamber, charitable, educational, fraternal, labor, religious or veterans’ organization, or to a political committee as defined in the Raffles and Poker Runs Act (230 ILCS 15/1 et seq.), as amended.

In addition, a qualifying organization must have operated without profit to their members and have been in existence continuously for a period of five (5) years immediately before making application for a license and must have had during that entire five-year period a bona fide membership engaged in carrying out their objectives, or to a non-profit fund raising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardships as the result of an illness, disability, accident or disaster.

The Village may waive the requirement that the charitable organization must have been in existence continuously for a period of five years before making application for a bona fide religious, charitable, labor, business, fraternal, educational, or veterans’ organization that applies for a license to conduct a raffle if the village’s corporate authorities determine that the organization is a local organization that is affiliated with and chartered by a national or state organization that meets the five-year requirement. (Ord. 2022-05, 6-14-2022)

A charitable raffle license may not be issued to any of the following:

   A.   Any person who has been convicted of a felony;

   B.   Any person who is or has been a professional gambler or gambling promoter;

   C.   Any person who is not of good moral character;

   D.   Any firm or corporation in which a person defined in subsections A., B., or C. has a proprietary, equitable or credit interests, or in which such a person is active or employed;

   E.   Any organization in which a person defined in subsections A., B., or C. is an officer, director or employee, whether compensated or not;

   F.   Any organization in which a person defined in subsections A., B., or C. is to participate in the management or operation of a raffle. (Ord. 2022-05, 6-14-2022)

All raffles shall be conducted in strict compliance with applicable laws and ordinances. In addition, all raffles shall be subject to the following requirements:

   A.   The entire net proceeds of the raffle must be exclusively devoted to the lawful purposes of the licensee.

   B.   No person except a bona fide member of the licensee may participate in the management or operation of the raffle.

   C.   No person may receive any remuneration or profit for participating in the management or operation of the raffle.

   D.   Winning chances may only be determined only at those locations specified on the license.

   E.   Raffle chances may be sold or issued only within the area specified on the license.

   F.   No person under eighteen (18) years of age may participate in the conducting of raffles, or chances, unless such person has the approval of a parent or legal guardian. (Ord. 2022-05, 6-14-2022)

   A.   Each organization licensed to conduct raffles shall keep records of its gross receipts, expenses and net proceeds for each raffle. All deductions from gross receipts for each raffle shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.

   B.   Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefore issued by the state department of revenue, and shall be placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses, and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.

   C.   Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the Board of Trustees, its gross receipts, expenses, and net proceeds itemized as required in this section.

   D.   Records required by this section shall be preserved three (3) years, and organizations shall make available their records relating to operation of raffles for inspection by the Board of Trustees at reasonable times and places. (Ord. 2022-05, 6-14-2022)

All raffles shall be conducted under the supervision of a raffles manager designated by the licensee. The raffles manager must be a bona fide member of the licensee and may not receive any remuneration or profit for participating in the management or operation of the raffle. The raffles manager shall give a fidelity bond in amount of twice the aggregate retail value of the prizes to be awarded in the raffle conditioned upon his or her honesty in the performance of his/her duties. Upon the request of a license applicant, the Board of Trustees may waive this bond requirement for qualifying organizations having a principal or substantial place of business in the village or in any county in which the village has territory. (Ord. 2022-05, 6-14-2022)

A charitable raffle license may be suspended or revoked by the Board of Trustees after notice and hearing for failure to meet the requirements of this chapter.

In addition, the Board of Trustees may revoke or suspend a charitable raffle license after notice and hearing if at any time it appears that the proposed or actual operation of the raffle will be or is such as to constitute a public nuisance or the endanger the public health, safety or welfare.

A charitable raffle license may only be suspended or revoked after providing notice to the licensee and a reasonable opportunity to be heard. A notice of intent to revoke or suspend shall state the basis for the contemplated action and shall be given to the licensee at least seven (7) calendar days prior to a license hearing to be held by the Village President and the Board of Trustees. Notice shall be delivered in person or by first class mail addressed to the location specified in the license application. (Ord. 2022-05, 6-14-2022)

It shall be unlawful for any person to knowingly conduct a raffle in violation of this article. Violations shall be subject to the penalties set forth in Section 1-4-1. (Ord. 2022-05, 6-14-2022)