VILLAGE OF ALTONA ORDINANCE NO, 2024-2 | ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 06 OF THE CODE OF ORDINANCES OF THE VILLAGE OF ALTONA, KNOX COUNT ILLINOIS WHICH CHAPTER REGULAT ALCOHOLIC LIQUOR IN THE VILLAG ADOPTED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF ALTONA rHis_4 = payor Art: _, 2024 Published in pamphlet form by the authority of the Village Board of Trustees of the Village of Altona, Knox County, IIlinois This _ UB day of feet = , 2024,ORDINANCE NO. 2024-_O1 ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 06 OF THE CODE OF ORDINANCES OF THE VILLAGE OF ALTONA, KNOX COUNTY, ILLINOIS WHICH CHAPTER REGULATES ALCOHOLIC LIQUOR IN THE VILLAGE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ALTONA, ILLINOIS THAT THE CURRENT CHAPTER 06: ALCOHOLIC BEVERAGES, IS REPEALED IN ITS ENTIRETY AND THE FOLLOWING CHAPTER 06 IS ENACTED IN ITS PLACE: Definitions. as used in the chapter shall be s the context otherwise requires, the following terms construed according to the definitions given below: A “Alcoholic liquor” includes alcohol, spi wine, beer, ale or other beverage or solid ig more than one-half of one percent of alcohol by volume and capable of being consumed by a human being. B. “Sell at re sale" refers to sales to a consumer for use or consumption a ale at retail” or "Retail c package” refers to any bottle, flask, jug, can, cask, ‘or container whatsoever, as it is corked or capped, sealed nd labeled by the manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor. D. “Local Liquor Commissioner” refers to the Village President FE, “Restaurant” means any publie place, licensed under Class D or F of Chapter 06.05, kept, used, maintained, advertised and held out to the public primarily as a place where meals are served, and where meals are actually regularly served, such place being provided with adequate and sanitary kitehen and dining equipment and capacity, licens cant by the Knox County health department and having employed ther uflicient number and kind of employees to prepare, cook and serve suitable food for its ‘guests and where the sale or consumption of aleoholie liquors is only incidental to the serving of meals, The fact that fifly percent or more of the gross revenue in any monthfrom the operation of the licensed premises is derived from activities other than the stving of meals shall be prima facie evidence that such business is not a restaurant within the meaning of this chapte; F. All. words and phrases used in this Chapter which are not defined herein but which are defined in the Illinois Liquor Control Act as amended shall have the meaning given to said words and phrases in that act, It is unlawful to sell, barter, transport, deliver, or offer for sale, at retail any alcoholic liquor within the corporate limits of the Village, without having valid retail liquor dealer's license issued by the Local Liquor Commissioner of the Village. It shall be unlawful for a license to operate in violation of the terms of a liquor license or in violation of the provisions of this Chapter or the laws of the state of illinois. No retail liquor licenses shall be granted by the Local Liquor Control Commissioner except in accordance with the provisions of the laws of the state of Illinois and the provisions of this Chapt Applications for licenses shall be made to the Local Liquor Commissioner in writing, signed by the applicant, if an individual, or by at least two members of a partnership, if the applicant is a partnership, by a managing member, if an LLC, or by the president and seeretary thereof, if'a corporation, verified by oath or affidavit, on a form approved by said commissioner and shall contain the following statements and information: The name, date of birth and resident address of the applicant in the case of an individual; in the case of a partnership, or L.L.C,, its name, its address, and the names, dates of birth and resident addresses of the persons entitled to share in the profits thereof; and in the case of a corporation, ils address, the address of its registered agent, a copy of its articles of incorporation, the names, addresses and dates of birth of the officers and directors, and, the names, resident a s and dates of birth of the stockholders owning more than 5% of the corporate stoc! B. The citizenship of the applicant, the place of his birth, and if'a naturalized citizen, the time and place of his naturalization; c The character of business of the applicant; and in case of @ corporation, the objects for which it was formed; D. The Jength of time the applicant has been in business of that character, or in the ease of & corporation, the date when its charter was issued; E, The location and description of the premises or place of business which is to be operated under such license, as well as a clear and specific description to scale of the area on cach floor which will be operational under such license. All diagrams shall have a scale ofG. one-quarter inch equals one foot, ‘The application must contain a statement that the proposed location is not within 100 feet of a church, a school or a nursing home; A stitement whether applicant has made application for a similar or other license on premises other than deseribed in this application, and the disposition of such application; A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of this state, or other ordinances of the Village: A statement as to whether a pre’ or by the federal governm: us alcohol license issued by any state or subdivi thas been revoked, and the reasons thereo! ‘A statement that the applicant will not violate any of the laws of the state of Illinois, or of the United States, or of uny ordinance of the Village in the conduct of his place of business, The name, date of birth and resident address of the person designated as manager of the business and of the record landowner on which the livensed premises is located. That no manufacturer, bottler, jobber of aleoholic liquor, nor any agent of such person or entity, directly or indirectly, supplied, furnished, gave or paid, or lent money for any furnishings, fixtures or equipment on the premises or place of business or license of the applicant, and that no manulaeturer, bottler, jobber of alcoholic liquor, nor any agent of such person or entity, is directly or indirectly interested in the ownership, or operation of the business of such applicant Proof that the applicant has secured a policy or policies of insurance issued by a responsible insurance company and in a form acceptable to the Local Liquor Commissioner insuring the licensed premises for "dram shop liability” in an amount that is at least equal to the maximum liability amounts set out in subsection a of Section 6-2] of the Illinois Liquor Contra} Aet. ‘A statement that the applicant agrees that as a condition of the granting of the license: 1) the Village Marshall, any other law enforeement officer and/or the Local Liquor Control ‘ommissioner shall have free and unrestricted access to the licensed premises at any time for the investigation or inspection of such premises for the purposes of enforcing the Iilinois Liquor Control Act or the ordinances of the Village. Refusal of such admittance shall be unlavful; and 2) that, upon the request of the Local Liquor Commissioner, the joner shall have the right to require the applicant to submit to fingerprinting and to pay the eost charged by the Dept. Of State Police in checking those prints against the fingerprint records filed in that department and the FBI’s criminal history records la and 3) that if the applicant is applying for a Class D , £, or P Livense, upon the of the Local Liquor Commissioner the applicant or licensee will make available cohol by patrons is only net reque: its financial records to demonstrate that the consumption of meal servi©. Ifany applicant for a license under this Chapter makes a false statement in the application and the license is issued, the false statement shall constitute cause for the revocation of the license by the Local Liquor Commissioner. 06,04 License-Restrictions. No license shall be issued to: ‘A person who is not of good character and reputation in the community in whieh he B. —Anapplicant who has been convicied ofa felony under any federal or state law; C. Am applicant who has been conv ed of keeping a house of ill fame: D. An applicant who has been convieted of pandering or other crime or misdemeanor opposed to deceney and morality: An applicant whose license under this chapter or the Illinois Liquor Control Act has been revoked for cause; An applicant who at the time of application for renewal of any license issued under this chapter would not be eligible for such license upon a first application; G. A partnership or LLC unless all of the members of the partnership or LLC are qualified to obtain a licens H. A corporation, if any officer, manager or director thereof, or any stockholder or tockholders owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license under this chapter for any reason; I A corporation if it is not either incorporated in Illinois or is authorized to transact business in [lino J. An applicant whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee K. _Anapplicant who has been convieted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor or illegal drugs, or who has forfeited his bond to appear in court to answer charges for any such violation or who has been convicted of a federal or state gambling offense; 1. An applicant who does not own the premises for which a license is sought, unless the applicant has a written lease thereon for the full period for which the license is issued;0. Any law enforcing public official, and/or the Local Liquor Commissioner; and no such oficial shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of aleoholie liquor; A member of the board of trustees other than the President may be granted a liquor license but to prevent any conflict of interest, he cannot participate in any meetings, hearings, or decisions on maiters impacting the manufacture, sale, or distribution of aleoholie liquor. Any person, partnership, corporation or other legal entity who is not eligible for a state retail liquor dealers license; Any per subparagrapia L of paragi on, partnership, corporation or other legal entity who fails to comply with ph 06.03 above, Any applicant that is delinquent in the payment of any debt, fee or charge or fine to the Village of Altona, Liquor dealer's licenses are divided into six classes: 1, Class A licenses authorizing the sale of beer or wine in its original container with the seal unbroken and not to be consumed on the premises where sold. ‘The annual fee for such license shall be two hundred dollars ($200); provided, however that if @ licensee is open at any time during Sunday, the annual fee shall be two hundred fifty dollars ($250). 2. Class B licenses authorizing the retail sale of all types of alcoholic liquor in its original container with the seal unbroken and not to be consumed on the premises where sold. ‘The annual fee for such license shall be wo hundred fifty dollars ($250): provided, however that ia licensee is open at any time during Sunday, the annual fee shall be three hundred dollars ($300) 3. Class C licenses authorizing the retail sale of all types of alcoholic liquor tor consumption on the licensed premises, The annual fee for such license shall be three hundred dollars ($300); provided, however that if a licensee is open at any time during Sunday, the annual fee shall be three hundred fifly dollars ($350), 4, Class D licenses authorizing the retail sale of all types of aleoholic liquor by a restaurant for consumption on the premises only. ‘The fee for such license shall be three hundred dollars ($300); provided, however that if a licensee is open at any time during Sunday, the annual fee shall be three hundred fifty dollars ($350). 5. Class E licenses authorizing the retail sale of alcoholic liquor for consumption on the premises wherein the manufacture of the alcohol occurs, such as a winery, brewery, or distillery. ‘The annual fee for such license shall be three hundreddollars ($300); provided, however that if a licensee is open at any time during Sunday, the annual fee shall be three hundred fifty dollars ($350). As utilized herein, the definition of manufacture shall be that utilized in 215 ILCS 5/1-3.13. 6 Cla F licenses authorizing any two (2) or more licenses provided for by sub- ions 1-5 above (Class A-E licenses) in combination, allowing licet to exercise any of the privileges and causing licensces to be bound by any restrictions enumerated by this Section for cach license class included in licensees’ combination, ‘The annual fee for such licenses shall be the sum of each annual fee for each sub-license class included in licensees’ combination. B. Outdoor Operation: The premises licensed under a Class C, D, E, of F (if'F class licensee includes Class C, D, or E privileges) license may include outdoor areas provided it meets, the following restrictions: (a) ‘The construction of a permanent fence or wall no less than 8 feet tall which would obstruct viewing into or out of the outdoor premi (b) Serving and consumption of alcoholic liquor shall terminate at 10:00 p.m. in the outdoor portion of'the premises; (c) No access to the outdoor portion of the licensed premises shall be permitted exeept through the permanent structure of the licensed promises, Emergency exits as required shall be provided, 06,06 Hour It is unlawful for the holder of Class C, D, E, or F license to sell, or offer for sale, at retail any alcoholic liquor: 1) between the hours of 2:00 A.M. and noon on Sundays; 2) between the hours of 2:00 A.M, through 6:00 A.M. on Saturdays; and 3) between the hours of 12:01 A.M. and 6:00 A.M. on Mondays through Fridays inelusive. B. Patrons shall not be allowed to loiter of remain on the premises after closing hours. 6,07 Licenses-Number of Class limited. A. The number of Class A & B licenses shall at no time exceed three, B, The number of Class C, D, E, & F licenses shall at no time exceed three. The limitations on the number of certain licenses may be changed from time to time as the Village Board determines, 06,08 Amendments.A This ordinance may be amended by proper action by the Board of Trustees of the Village of Altona and all licenses issued hereunder are issued subject to such power to amend with respect to the requirements to be met by licensed holders, amount of license fee to be paid or any other matter whatsoever Ifa licensee cannot or does not choose to meet any additional requirements imposed by such amendment, he may surrender his license to the Village, in which event the Local Liquor Commissioner shall determine how much, if'any, of the fee the licensee is entitled jioner as to that to have returned to him. ‘The decision of the Local Liquor Commi amount is fi All licenses shall be approved and signed by the Local Liquor Commissioner, All license fees shall be paid to the Local Liquor Commissioner at the time application is made, who shall forward the fees to the Village Treasurer. In the event that 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 designated by the Vi Board by proper action. Each liquor license shall terminate on the thirty-first day of March of each year. All annual liquor license fees shall be paid in full by the thirty-first day of March in each, year. Renewal applications shall be made fourteen days prior to their expiration each year to ensure timely processing, If the date of the application for an original license is less than 11 months prior to the date of expiration of the license year, the license fee herein provided for shall be reduced in proportion to the number of full calendar months which have expired in the license year. No license shall be issued for any term less than the balance of a license year, In the event the application is granted and any license defaults in the payment of the annual fee, the license shall be automatically terminated, revoked and cancelled, 06.10 License- ‘Transfer-Death or Bankruptcy-Refund, B. A license is a purely personal privilege, good for not to exceed twelve months after issuance unless sooner revoked as in this chapter, provided, and shall not constitute property; nor shall it be subject to transfer, attachment, gamishment or execution; nor shall it be alienable , voluntarily or involuntarily or subject to being encumbered or hypothecated. The license shall cease upon the death of the licensee and shall not descend by the law of testate or intestate devolution; provided, that 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 continue the business of the sale of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent or such insolvency or bankruptcy until the earlier of : the expiration of the license, or the date that ‘months alter the death, bankrupicy or insolvency of the licensee, is Cc Upon the death of a licensee which results in a limitation of the license to a length less than the remainder of the license year, a refund shall not be made of that portion of the license fee paid for any period in which the estate is prevented from opera D. Any changes in partners of an applicant who is a partnership or in the members of an LLC or in shareholders of an applicant who is @ corporation shall be reported immediately in writing to the Local Liquor Commissio 06 nse-R A. Any licensee may renew his license at the expiration thereof, provided, that he is then quolified (o receive a ticense and the premises for which the renewal license is sought are suitable for such purpose; provided further, that the renewal privilege provided for in this jon shall not be construed as a vested right which shall in any case prevent the Village trom decreasing the number of licenses to be issued within the Village. Each license shall have a fifteen-day grace period at the normal expiration of the license, Provided, however, that the licensee shall pay a penalty of five percent af the annual fee for the existing license if the licensee renews his license during the grace period. No other grat peried shall be allowed. B, No license shall be renewed by the Local Liquor Commissioner if the Illinois Department of Revenue, or any other appropriate department or ageney of the State of llinois has reported {o the Lllinois Liquor Control Commission and such information has been given to the Village that such licensee is del filing any required tax return or paying any amount owed to the state of Hlinois until the applicant for renewal is issued a certificate by the Department of Revenue stating that all delinquent returns or amounts owed have been paid. No license issued pursuant to the provisions of this Chapter shall be renewed by the Local Liquor Commissioner if the applicant is delinquent in the payment of any money owed to the Village. 06 A retail liquor dealer's license shall permit the sale of alecholic liquor only on the described in the application and license. The location may be changed only upon a written permission to make such change issued by the Local Liquor Commissioner. No change of location is permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of this state and the ordinances of the Village.icense shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any chureh, school, hospital, nursing home: 16.14 License-Posting Every licensee shall cause his license to be hung in plain view in a conspicuous place on the licensed premises. 06.15 No person shall receive a license to sell alcoholic liquor upon any premises as a restaurant unless it has the qualifications respectively described in this chapter. No alcoholic liquors shall be or under the control of the Village. Every licensze shall confine his operations strictly to the licensed premises as described in the application for his license; and no aleoholic liquor shall be sold or delivered by him or his agents or employees outside the licensed premises 6.18 Access. As u condition precedent to the granting of a liquor license, the licensee Local Liquor Commissioner, the Village Marshal and/or other officials of the Village may have uunrestrieted access to the licensed premises at anytime for the purposes of inspection, and if licensed as a Class C, D, E, or F licensee, access to his books and records for determining the nature of the business. 16.19 Ori k No person, excepting a manufacturer, distributor or importing distributor, shall fill or in whole or in part, any original package of alcoholic liquor, and it is unlawful for any person to have in his possession for sale at retail any boitles, casks, or other containers containing aleoholie liquor, except in the original package, 06.20 Opened Containers.11 is unlawful for any person to consume an alcoholic beverage or have in h iny alcoholic liquors in an unsealed or opened container in any place open to and frequented by the public unless such place holds a current liquor license. No ligensee or person as proprietor, agent, or employee of sueh licensee shall knowingly permit any patron to carry unsealled or open ining alcoholic beverages from his establishment nor continue to sell alecholic iquors to such person, knowing that such person intends to carry the alcoholic liquor from the an open or unsealed container. containers cor 06.21 Imitations- Unhealthfiul-Seal. A. No alcoholic liquor shall contain any substance, compound or ingredient injurious to health or deleterious for human consumption. B. No package shall be delivered by any manufacturer, distributor or importing distributor or received by any licensee, unless the same is securely sealed so that the contents thereot cannot be removed without breaking the seal so placed by the manufacturer; and no licensee shall sell or have in his possession or use any package or container which does not comply with this seetion or does not bear evidence that the package, when delivered to him, complied therewith, 06.22 Peddling Li ohibited. It is unlawful to peddle alcoholic liquor in the Village. 23 Pisiiist’s “Santtary Car All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in full compliance with the ordinances regulating the condition of premises for the storage and sale of food for human consumption. 2. igs Reet It is unlawful to employ in any premises used for the retail sale of aleoholic liquor any person who is afllicted with, or who is a carrier of, any contagious, infectious disease; and unlawful for any person who is afflicted with or is a carrier of any such disease to work in or about any premises or to engage in any way in handling, preparation or distribution of such liquor. 06.25 License-Premises Resitrictio A. ILis unlawful for any holder of a their establishment. nse fo have topless persons or nudity at any time in B, The licensee shall not engage in, permit, or suffer any form of illegal gambling on theNo music shall be made or played in any establishment licensed under this ordinance such that the sound is audible outside of the licensed premises after 10:00 p.m. and before 7:00 a.m, of any day.1 is unlawful for any holder of a retail liquor dealer's |i aleoholic liquor t0 any intoxicated person or to any person known to him to be an habitual Grunkard, or mentally disabled person, No person holding a retail liquor license shall allow or permit any intoxicated person to be or remain on the licensed premises. No disorderly conduct cense to sell, deliver or give any all be permitted on the licensed prem 28 U1 ge Per A, It shall be unlawful for any licensee or its agent or employee to sell, give offer or deliver alcoholic liquor to any person under the age of twenty-one years, nor shall a license, permit any alcoholic liquor to be sold, given, offered or delivered to a person under the age of 21 on the licensed premises. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the non-age of the prospective recipient, he shall, before making such sale or deliver, demand presentation af'some form of positive identification, containing proof of age. B. It shall be unlawful for any person to sell, give, offer, or deliver aleaholie liquor to any person under the age of twenty-one years. Notwithstanding the foregoing, it shall not he unlawful for a parent or guardian to give, offer or deliver alcoholic liquor to his child or legal ward who is a person under the age of 21 upon private premises not licensed by this chapter if the minor is in the direct presence of his parent or legal guardian, C. No person under the age of 21 shall possess/consume alcoholic liquor. Notwithstanding the foregoing, it shall not be unlawful for a person under the age of 21 to possess or consume alcoholic liquor upon private premises which are not licensed by this chapter if he or she is in the direct presence of his parent or legal guardian, Moreover, it shall not be unlawful for a person under the age of 21 t© possess or consume alcohol in the performance of a religious service within the confines of'a church. D. No person shall misrepresent his age for the purpose of obtaining alcoholic liquor. FE No person under the age of 21 shall purchase or attempt 10 purchase alcoholic liquor from any person within the Village. F, No person shall sell, give or furnish to any person under the age of 21 any false or fraudulent evidence of age andlor identity. G. No licensee nor agent or employee of such licensee shall allow any person under the age ‘of 21 to be employed in any manner related to the tending of bar, or the drawing, pouring, ixing, serving, or selling of aleoholie liquor in any licensed premises Hl. No licensee nor agent or employee of such licensee shall permit or allow a person under the age of 21 to fiequent, loiter or remain at or near a bar in any licensed premises. G. Every licensee shall prominently display in his licensed premises a printed card whieh is not less than 8" x 10" with one-half inch leters which shall read:WARNING TO PERSONS UNDER THE AGE OF 21: You are subject to a fine of up to $500 under the ordinances of the Village of Altona, Illinois if you purchase alcoholic liquor which you are prohibited by law from purchasing or misrepresenting your age for the purposes of obtaining any alcoholie liquor. 6.20 Possess No person shall transport, carry, possess or have any alcoholic liquor in any motor vehicle within the Village limits except in the original package with the seal unbroken06.30 Public Drinking i unlawful to drink at any time any aleoholic liquor on or in any property owned or controlled by the Village or any other governmental unit, or on any publie street, public alley, public sidewalk, or in any other public space. No person shall appear in a public place while intoxicated. No person shall appear in a public place with possession of any alcoholic liquor except in the original packuge and with the seal unbroken, No person shall consume any alcoholic liquor on the premises of a licensee during hours when liquor is prohibited from being sold (06.31 Liability of Licensee. Every act or omission of whatsoever nature, constituting a violation of this ordinance by any officer, director, manager or other agent or employee of any licensee shall he deemed and held to be the act of such licensee, and said licensee shall be punishable in the same manner as said act or omission had been done or omitted by him personally. 16.32 Liquor ol Commissioner ‘The Village President shall be the Local Liquor Commissioner and shall be charged with the administration of the Illinois Liquor Control Act and all ordinances relating to alcoholic liquor. The Local Liquor Commissioner will have the powers granted to that position by this Chapter plus the powers and duties provided in the Liquor Control Act of 1934 [235 ILCS 5/1-1 et. seg] as umended, including the power to revoke licenses for cause and to suspend licenses for xno more than 30 days, The Local Liquor Commissioner is authorized o make such rules as may be necessary in the performance of his duties and to aid in the administration of this Chapter to effectuate its purposes. Entry shall be granted for admittance to the premises at any time upon the verbal request of the Local Liquor Commissioner or any law enforcement official for the purposes of determining whether or not the Illinois Liquor Control Act or the provisions of this, Chapter are being violated. Refusal of such admittance shall be unlawful. ‘The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license, or for a renewal thereo!, or any licensee upon whom notice of revocation or suspension has been served, and to examine or cause to be examined, the books and records of any such applicant or licensee; 1o hear testimony and hear evidence in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining any of the information needed under this section, the local liquor commissioner may authorize an agent to act on his behalf. 06, evo If the Local Liquor Commissioner has reason to believe any continued operation of a licensed premises will immediately threaten the welfare of the community, he may upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days and shall provide the licensee an ‘opportunity to be heard during that period. In all other cases, the Local Liquor Commissionermay revoke or suspend any retail iquor dealer's license for any violation of any provision of this, chapter, or for any violation of any state law pertaining to the sale of alcoholic liquor but only after a public hearing conducted by him with prior written notice of not less than three days to the licensee, affording the licensee an opportunity to appear and defend. Any license issued under this chapter may be revoked or suspended by the local liquor commissioner on the following grounds: 1) failure of the licensee to comply with the terms of this chapter; or 2) failure of the licensee to comply with the terms of his license; or 3) the violation by the licensee of any state law pertaining to the sale of alcoholic liquor; or 4) failure of the licensee to pay any debt, fee, fine or charge owed to the Village pertaining to the licensed premises when due, In all hearings held pursuant to this paragraph, all evidence shall he reduced to writing and the Local Liquor Commissioner shall maintain an official record of the proceedings. Ifa license is suspended rather than revoked it shall be suspended for a period of no more than 30 days. In the ‘event a license is so revoked or suspended, no refund shall be made to the licensee of any fi fee paid. In addition to any suspension or revocation the Local Liquor Commissioner may levy a fine against the licensee for violations of this ordinance, The fine shall not exceed: $1,000 for the first violation within a 12-month period: $1,500 for a second violation within a |2-month period; $2,000 for a third violation within a 12-month period Each day a violation continues shall constitute a separate violation. An applicant or licensee may appeal a decision of the local liquor control commissioner to the sate liquor control c ‘The appellant shall pay the Village for the cost of having the hearing transcript prepared, The appellant is not entitled to a trial de novo by the state liquor control commissioner, Instead, the level of review is limited to a review of the official record of the formal proceedings held before the local liquor commissioner. The appellant shall satisfy all jionet other applicable laws, rules and regulations of the state, Actions against persons or other legal entities, other than Ii shall proceed as in the case of other ordinance violation cases through court proceedings except that persons charged with a first violation of this chapter within a 6 month period of time. may. upon the written agreement of the Local Liquor Commissioner and the violator, pay the minimum fine for such a violation to the Village within 10 days of the issuance of un ordinance violation ticket and avoid a court proceeding. Any person other than a licensee violating any of the provisions of this cchapter shall be fined not less than one hundred dollars nor more than five hundred dollars for cach offense for a first offense under this chapter within any 12-month period of time and not Jess than one hundred fifty dollars nor more than five hundred dotlars for any second or more violation of this chapter within a 12 month period of time. (Ord. 818, passed 04071981, Ord, 86-5 passed 08-07-1986, repealed and replaced in rely by Ord. 14-1, passed 04-03-2014) (Chapter 06 of the Code of Ordinances passed as Ordinance 2014-1 is repealed in its entirety. All ordinances or parts of other ordinances in conflict herewith are hereby repealed by Ordinance 2024-2 |.)STATE OF ILLINOIS ) COUNTY OF KNOX CERTIFICATION 1, the undersigned, do hereby certify that Iam the duly qualified and acting Village Clerk of the VILLAGE OF ALTONA, in the County of Knox and State of Illinois, and as such Village Clerk, | am the keeper of records and ordinances of the Village. 1 do further certify that the attached ordinance is a true and correct copy of an ordinance as passed and approved by the President and Board of Trustees of the Village of Altona, Illinois on the 4! day of April, 2024, the original of which is now on file with the Village . 1 do further certify that Ordinance Number 2024-01 has been published in pamphlet form by authority of the Board of Trustees of Altona and that said ordinance has been added to the Code of Ordinances for the Village. gnature this 4th day Wa Joab Village Cler IN WITNE! WHEREOF, I have hereunto affixed by official s of [Ket _A.p., 2024.Passed this 4" day of April, 2024, by the President and Board of Trustees of the Village of Altona, Knox County, Illinois. Sue Grove aye: NAY. PASS Village Trustee Decumt VY iWuns NAY; PASS Village Trustee Wet Vorlead NAY; PASS Village Trustee Nok mores NAY: PASS Village Trustee = Brove DeVito AYE: NAY: Village Trustee QYan West aves NAY: Village Trustee APPROVED: Village President A