§ 4-22. License and permit classifications.

(a)

License classifications. Licenses issued pursuant to this article shall be classified as follows and shall be subject to the limitations set forth:

(1)

Class B (Bar/tavern license—Consumption sales only). A Class B license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises, provided that this Class B license shall not authorize package sales.

(2)

Class B-1 (Bar/tavern license—Consumption sales and package sales). A Class B-1 license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, except that this classification shall not be construed so as to permit package sales without also making consumption sales. Furthermore, for purposes of this Class B-1 license, package sales shall be secondary to consumption sales and shall not exceed fifteen (15) percent of the licensee's total gross sales or revenues of alcoholic liquor for any quarter of any year.

(3)

Class B/E (Bar/tavern/extended premises license—Consumption sales and package sales). A Class B/E license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, except that this classification shall not be construed so as to permit package sales without also making consumption sales. Furthermore, for purposes of this Class B/E license, package sales shall be secondary to consumption sales and shall not exceed fifteen (15) percent of the licensee's total gross sales or revenues of alcoholic liquor for any quarter of any year. For purposes of the regulations of a Class B/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class B/E license. A Class B/E license shall not be issued for any premises which are less than one acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(4)

Class C (Club license). A Class C license shall entitle the licensee to make consumption sales of alcoholic liquor on the licensed premises only, provided that this classification of license may only be issued to a licensee defined as a club. Such sales shall be made only to members of such club and member's invited guests.

(5)

Class C-1 (Club license—Consumption sales and package sales). A Class C-1 license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales, provided further that this classification of license may only be issued to a licensee defined as a club. Such sales shall be made only to members of such club and member's invited guests. Furthermore, for purposes of this Class C-1 license, package sales shall be secondary to consumption sales and shall not exceed fifteen (15) percent of the licensee's total gross sales or revenues of alcoholic liquor for any quarter of any year.

(6)

Class C/E. (Club/extended premises license—Consumption sales and package sales). A Class C/E license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales, provided further that this classification of license may only be issued to a licensee defined as a club. Such sales shall be made only to members of such club and member's invited guests. Furthermore, for purposes of this Class C/E license, package sales shall be secondary to consumption sales and shall not exceed fifteen (15) percent of the licensee's total gross sales or revenues of alcoholic liquor for any quarter of any year. For purposes of the regulations of a Class C/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class C/E license. A Class C/E license shall not be issued for any premises which are less than 0.75 acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(7)

Class G (Golf course license—Consumption sales). A Class G license shall entitle the licensee to sell alcoholic liquor at retail, by the drink or pitcher or in the original package, by a golf course/club house, for consumption in the club house and on the golf course only. The Class G license shall only be available for premises defined as a golf course/club house within this article which has a minimum of twenty (20) total acres. A Class G license shall permit the licensee to sell alcoholic liquor for consumption within the club house and any defined area adjacent thereto (as described in the application) and to sell alcoholic liquor for consumption from mobile carts with the number of such mobile carts to be operated on the golf course to be limited to not more than four (4). In addition to such mobile carts, the licensee may sell alcoholic liquor at fixed refreshment stands at locations approved by the local liquor control commissioner. The sale of alcoholic liquor on the golf course outside of the club house shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote public safety and welfare.

(8)

Class M (Retail merchandise and grocery store license—Package sales only). A Class M license shall authorize the licensee to sell alcoholic liquor, in the original package only, for consumption off the licensed premises, but shall not authorize consumption sales on the licensed premises, provided that this classification of license may only be issued to a licensee whose principal business is a retail merchandise and grocery store where a maximum fifteen (15) percent of the total public selling space is devoted to the display of alcoholic liquor offered for sale. This license may not be issued to an establishment which sells fuel. No Class M license shall be issued unless a permanent, opaque wall separates the area of sale of the groceries and the area of sales of packaged alcoholic liquor which can be closed off and padlocked during closing hours. All alcoholic liquor purchased on the premises must be checked at a separate checkout facility designated solely for the sale of alcoholic liquor. Notwithstanding any other provision of this article, no person who has not attained the age of twenty-one (21) may be employed for the purpose of making sales of alcoholic liquor at an establishment holding a Class M license.

(9)

Class P (Package store license—Package sales only). A Class P license shall entitle the licensee to sell alcoholic liquor in the original package only, for consumption off the licensed premises, but shall not authorize consumption on the licensed premises. This classification of license shall only be issued for a location used for the business of package sales of alcoholic liquor and shall not be issued to a retail establishment where the package sale of alcoholic liquor is not the principal business. Notwithstanding any other provision of this article, no person who has not attained the age of twenty-one (21) may be employed for the purpose of making sales of alcoholic liquor at an establishment holding a Class P license.

(10)

Class P-1 (Package store/wine and beer tasting license—Package sales and limited consumption sales). A Class P-1 License shall entitle the licensee to sell alcoholic liquor in the original package only, for consumption off the licensed premises, provided, however, that the Class P-1 license shall also authorize the licensee to conduct wine and beer tastings. This classification of license shall only be issued for a location used for the business of package sales of alcoholic liquor and shall not be issued to a retail establishment where the package sale of alcoholic liquor is not the principal business. For purposes of regulation of a Class P-1 license, all wine and beer tastings and any consumption of alcoholic liquor shall be conducted in and restricted to a specific room or area within the licensed premises that is sufficiently separated from the remainder of the licensed premises by walls or other physical barriers such that the admission by individuals under the age of twenty-one (21) may be effectively restricted. Notwithstanding any other provision of this ordinance, no person who has not attained the age of twenty-one (21) may be employed for the purpose of making sales of alcoholic liquor at an establishment holding a Class P-1 license.

(11)

Class R (Restaurant license—Consumption only). A Class R license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises, provided that this Class R license shall not authorize package sales, provided further that this classification of license may only be issued to a licensee defined as a restaurant. For purposes of regulation of a Class R license, all sales of alcoholic liquor shall only be permitted as follows:

a.

In a restaurant dining area provided that the sale is incidental and complementary to the sale and service of a complete meal served and eaten at a table within the restaurant; or

b.

In a bar service area adjacent to the dining area located within a Restaurant, with or without the sale of a meal, provided that the square footage of the bar service area shall not exceed twenty-five (25) percent of the total square footage of the restaurant to which it is an accessory.

(12)

Class R-1 (Restaurant license—Consumption sales and package sales). A Class R-1 license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales, provided further that this classification of license may only be issued to a licensee defined as a restaurant. For purposes of regulation of a Class R-1 license, all sales of alcoholic liquor shall only be permitted as follows:

a.

In a restaurant dining area provided that the sale is incidental and complementary to the sale and service of a complete meal served and eaten at a table within the restaurant; or

b.

In a bar service area adjacent to the dining area located within a restaurant, with or without the sale of a meal, provided that the square footage of the bar service area shall not exceed twenty-five (25) percent of the total square footage of the restaurant to which it is an accessory.

(13)

Class R/E (Restaurant/extended premises license—Consumption sales and package sales). A Class R/E license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales, provided further that this classification of license may only be issued to a licensee defined as a restaurant. For purposes of regulation of a Class R/E license, all sales of alcoholic liquor shall only be permitted as follows:

a.

In a restaurant dining area provided that the sale is incidental and complementary to the sale and service of a complete meal served and eaten at a table within the restaurant; or

b.

In a bar service area adjacent to the dining area located within a restaurant, with or without the sale of a meal, provided that the square footage of the bar service area shall not exceed twenty-five (25) percent of the total square footage of the restaurant to which it is an accessory.

For purposes of the regulations of a Class R/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class R/E license. A Class R/E license shall not be issued for any premises which are less than one acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(14)

Class T/E (Theatre/extended premises license—Consumption sales only). A Class T/E license shall entitle the Licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises, provided that this Class T/E license shall not authorize package sales, provided further that this classification of license may only be issued to a licensee defined as a theatre. Notwithstanding any other provision of this ordinance, a Class T/E license shall not be required to comply with the continuous operation provisions as contained within this ordinance. Furthermore, a Class T/E license shall only authorize the sale of alcoholic liquor during periods of time when individuals and/or groups are assembled on the licensed premises solely for the promotion of those purposes included in the definition of a theatre contained in section 4-3 of article I. For purposes of the regulations of a Class T/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class T/E license. A Class T/E license shall not be issued for any premises which are less than one (1) acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(15)

Class W-1 (Winery/wine shop license—Consumption sales and package sales). A Class W-1 license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales. This classification of license shall only be issued for a location for which the primary business is the sale of wine and shall not be issued to a retail establishment where the sale of wine is not the principal business.

(16)

Class W/E (Winery/wine shop/extended premises license—Consumption sales and package sales). A Class W/E license shall entitle the licensee to make consumption sales and package sales of alcoholic liquor, provided that this classification shall not be construed so as to permit package sales without also making consumption sales. This classification of license shall only be issued for a location for which the primary business is the sale of wine and shall not be issued to a retail establishment where the sale of wine is not the principal business. For purposes of the regulations of a Class W/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class W/E license. A Class W/E license shall not be issued for any premises which are less than one acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(17)

Class CC (Convention center license—Consumption sales only). A Class CC license shall entitle the licensee to make consumption sales of any alcoholic liquor on the licensed premises only, provided that this classification of license may only be issued to a licensee defined as a convention center.

(18)

Class BP (Brew pub license—Consumption sales and package sales). A Class BP license shall entitle the licensee to only (i) manufacture up to one hundred fifty-five thousand (155,000) gallons of beer per year only on the licensed premises, (ii) make package sales of the beer manufactured on the licensed premises, or with the approval of the Illinois Liquor Control Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee, to importing distributors, distributors, and to non-licensees (iii) store the beer upon the licensed premises, (iv) to sell and offer for sale at retail from the licensed premises for package sales no more than one hundred fifty-five thousand (155,000) gallons of beer so long as such sales are only made in-person, (v) to sell and offer for sale at retail for consumption sales on the licensed premises any alcoholic liquor purchased from a distributor or importing distributor; and, (vi) with the approval of the Illinois Liquor Control Commission, annually transfer no more than one hundred fifty-five thousand (155,000) gallons of beer manufactured on the licensed premises to a licensed brew pub wholly owned and operated by the same licensee.

(19)

Class BP/E (Brew pub/extended premises license—Consumption sales and package sales). A Class BP/E license shall entitle the licensee to only (i) manufacture up to one hundred fifty-five thousand (155,000) gallons of beer per year only on the licensed premises, (ii) make package sales of the beer manufactured on the licensed premises, or with the approval of the Illinois Liquor Control Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee, to importing distributors, distributors, and to non-licensees (iii) store the beer upon the licensed premises, (iv) to sell and offer for sale at retail from the licensed premises for package sales no more than one hundred fifty-five thousand (155,000) gallons of beer so long as such sales are only made in-person, (v) to sell and offer for sale at retail for consumption sales on the licensed premises any alcoholic liquor purchased from a distributor or importing distributor; and, (vi) with the approval of the Illinois Liquor Control Commission, annually transfer no more than one hundred fifty-five thousand (155,000) gallons of beer manufactured on the licensed premises to a licensed brew pub wholly owned and operated by the same licensee. Notwithstanding the foregoing, a Class BP license may only be issued to a licensee defined as a brew pub. For purposes of the regulations of a Class PB/E license, the licensed premises may include the unenclosed area or property lying outside of, adjacent and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class BP/E license. A Class BP/E license shall not be issued for any premises which are less than one (1) acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions and regulations required by the local liquor control commissioner to promote and protect public safety and welfare.

(20)

Class HM (Hotel/motel—Consumption sales only). A Class HM license shall entitle the licensee to make consumption sales of any alcoholic liquor on the licensed premises, provided that this classification of license may only be issued to a licensee defined as a hotel and/or motel and provided further that the hotel and/or motel has a minimum of not less than sixty-five (65) lodging rooms and at least one meeting and/or event space of not less than one thousand (1,000) square feet. For purposes of regulation of a Class HM license, all sales of alcoholic liquor shall only be permitted to be sold and consumed in the meeting and/or event space of the hotel and/or motel.

(21)

Class EEV (Entertainment and event venue—Consumption sales only). A Class EEV license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises, provided that this Class EEV license shall not authorize package sales, provided further that this classification of license may only be issued to a licensee defined as an entertainment and event venue that hosts and/or holds not less than twelve (12) events per calendar year. Notwithstanding any other provision of this ordinance, a Class EEV license shall not be required to comply with the continuous operation provisions as contained within this ordinance. Furthermore, a Class EEV license shall only authorize the sale of alcoholic liquor during periods of time when individuals and/or groups are assembled on the licensed premises solely for the promotion of those purposes included in the definition of an entertainment and event venue contained in Section 4-3 of Article I and only during periods of time when food is actually being sold, served, and consumed at said entertainment and event venue. For purposes of the regulations of a Class EEV license, the licensed premises may include the unenclosed area or property lying outside of, adjacent, and contiguous to the permanent structure housing the licensed business, provided, that said unenclosed area or property outside such permanent structure is specifically designated in said Class EEV license. A Class EEV license shall not be issued for any premises which are less than one acre in size. The sale and consumption of alcoholic liquor outside of the building which houses the licensed premises shall be subject to any further conditions, regulations, and security measures required by the local liquor control commissioner to promote and protect public safety and welfare.

(22)

Class MT (Movie theater—Consumption sales only). A class MT license shall entitle the licensee to make consumption sales of any alcoholic liquor for consumption on the licensed premises, provided that this Class MT license shall not authorize package sales, provided further that this classification of License may only be issued to a licensee defined as a movie theater. For purposes of regulation of a Class MT license, all sales of Alcoholic Liquor shall only be permitted as follows:

a.

A Class MT license shall only authorize the sale of alcoholic liquor during periods of time when the movie theater is actually open for the showing of movies, provided, however, that under no circumstances may alcoholic liquor be served more than one (1) hour prior to the advertised showing time of the first movie to be shown on any day. Furthermore, under no circumstances shall a Class MT license authorize the licensee to sell, offer for sale, or allow the consumption of any alcoholic liquor beyond the time limitations established in section 4-31 of article III of this chapter or the conclusion of the last movie on any day, whichever occurs first.

b.

No more than one (1) alcoholic beverage may be delivered, served, or sold to a customer in any one (1) trip up to the bar and/or counter in which the Alcoholic Liquor is sold, and no more than two (2) alcoholic beverages may be delivered, served, or sold to a customer per calendar day.

c.

The containers in which alcoholic liquor are served must be of a different color, size, and design than those in which nonalcoholic beverages are served.

d.

Beer may be sold only in individual containers holding twenty (20) ounces or less. All other alcoholic liquor may be sold only in individual containers holding twelve (12) ounces or less. This limitation shall be absolute and shall apply irrespective of the actual alcohol content of the beverage.

(b)

Permit classifications. Liquor permits issued pursuant to this article shall be classified as follows and shall be subject to the limitations set forth:

(1)

Temporary-1 permit (Special use permit—Consumption sales only, for up to three (3) consecutive days). A temporary-1 permit shall authorize a current holder of a license issued by the City of Effingham, a current holder of a comparable license issued by any town, city or village within Effingham County, Illinois, or a current holder of a comparable license issued by the County of Effingham, Illinois, to obtain a special permit for up to three (3) consecutive days which shall allow such permittee to sell at retail alcoholic liquor for consumption sales only within an area specifically designated in the permit, provided the permittee submits an application therefore in the manner provided by section 4-23 of this article at least fourteen (14) days prior to the date for which the temporary-1 permit shall be used. In addition to compliance with other requirements for licensed premises in this article, the temporary-1 permittee shall meet and operate in compliance with the following requirements:

a.

All application procedures contained in section 4-23 of this article shall apply for an applicant for a temporary-1 permit. The application shall also include the following:

1.

A statement of the days and hours during which alcoholic liquor is to be sold, provided that the hours of each day of said temporary-1 permit shall begin no earlier than 6:00 a.m. CST and end no later than 12:00 midnight CST of the same calendar date.

2.

If the applicant is not the owner of record for the property designated for the site of the event, the applicant must submit the written consent of the owner of such premises which shall be attached to the application. The written consent shall be dated not more than thirty (30) days prior to the application.

3.

Provide proof of dram shop insurance, as required by subsection 4-23(a)(19) of this article, covering the premises to be utilized with the temporary-1 permit for the period of the temporary-1 permit.

4.

Provide a written description and diagram of the proposed area to be permitted, including fencing if required, describe if the event is located outside, and security measures to be implemented at the proposed location of the event, all of which shall be subject to the review and approval of the local liquor control commissioner.

b.

A copy of the temporary-1 permit shall be displayed in accordance with section 4-30 of this article.

c.

No more than eight (8) such temporary-1 permits shall be issued to any person in any calendar year.

d.

For purposes of a temporary-1 permit, the permittee need not be a resident of the City of Effingham but shall be a resident of the County of Effingham, Illinois.

e.

The temporary-1 permit, if issued, shall not in any manner be regarded to relieve the permit holder of complying with any other requirement of law.

(2)

Temporary-2 permit (Special non-profit event—Consumption sales and limited package sales). A temporary-2 permit shall allow any bona fide educational, fraternal, political, civic, religious or other non-profit organization to sell at retail alcoholic liquor for consumption on the premises or within any area specifically designated in the permit. In addition, if the event for which the temporary-2 permit is granted is sponsored in whole or in part by the city, the temporary-2 permit may allow such organization to make package sales of wine and beer only for off-premises consumption upon such conditions and restrictions as are established for that event by the local liquor control commissioner. An applicant for a temporary-2 permit shall submit an application at least fourteen (14) days prior to the date for which the temporary-2 permit shall be used. For purposes of the regulations of this section, the location of the event shall be deemed the licensed premises. In addition to compliance with other requirements for licensed premises in this article, the temporary-2 permittee shall meet and operate in compliance with the following requirements:

a.

All application procedures contained in section 4-23 of this article shall apply for an applicant for a temporary-2 permit. The application shall also include the following:

1.

A statement of the days and hours during which alcoholic liquor is to be sold, provided that the duration of a temporary-2 permit shall be for a period of no longer than three (3) consecutive days. Furthermore, the hours of each day of said temporary-2 permit term shall begin no earlier than 6:00 a.m. and end no later than 12:00 midnight of the same calendar date.

2.

Describe with reasonable certainty the boundary of the area in which alcoholic liquor is to be sold.

3.

If the applicant is not the owner of record for the property designated for the site of the event, the applicant must submit the written consent of the owner of such premises which shall be attached to the application. The written consent shall be dated not more than thirty (30) days prior to the application. This requirement shall not be applicable to an application for a temporary-2 permit involving public right-of-way.

4.

Provide proof of dram shop insurance, as required by subsection 4-23(a)(19) of this Article, covering the premises to be utilized with the temporary-2 permit for the period of the temporary-2 permit.

5.

Provide a written description and diagram of the proposed area to be permitted, including fencing if required, describe if the event is located outside, and security measures to be implemented at the proposed location of the event, all of which shall be subject to the review and approval of the local liquor control commissioner.

b.

A copy of the temporary-2 permit shall be displayed in accordance with section 4-30 of this article.

c.

No more than five (5) temporary-2 permits shall be issued to any bona fide educational, fraternal, political, civic, religious or other non-profit organization in any one calendar year. Temporary-2 permits issued for events that are sponsored in whole or in part by the city shall not count towards this limit.

d.

The temporary-2 permit, if issued, shall not in any manner be regarded to relieve the permittee of complying with any other requirement of law.

(3)

Wine and beer permit (consumption sales and limited package sales). A wine and beer permit shall authorize a current holder of a license issued by the City of Effingham, or a current holder of a comparable license issued by any town, city, village, or county within the State of Illinois, to sell at retail wine and beer only for consumption on the premises or within any area specifically designated in the permit. In addition, a wine and beer permit shall also authorize the permittee to make package sales of wine and beer only for off-premises consumption upon such conditions and restrictions as established for the event by the local liquor control commissioner. An applicant for a beer and wine permit shall submit an application therefore in the manner provided by section 4-23 of this article at least fourteen (14) days prior to the date for which the wine and beer permit shall be used. In addition to compliance with other requirements for licensed premises in this ordinance, the wine and beer permittee shall meet and operate in compliance with the following requirements:

a.

All application procedures contained in section 4-23 of this article shall apply for an applicant for a wine and beer permit. The application shall also include the following:

1.

A statement of the hours during which wine and/or beer is to be sold, provided the hours shall not exceed eight (8) full hours; and provided further that the hours shall not begin earlier than 6:00 a.m. and end no later than 12:00 midnight of the same calendar date.

2.

Provide a written description and diagram of the proposed area, including fencing if required, describe if the event is located outside, and security measures to be implemented at the proposed location of the event, all of which shall be subject to the review and approval of the local liquor control commissioner.

3.

If the applicant is not the owner of record for the property designated for the site of the event, the applicant must submit the written consent of the owner of such premises which shall be attached to the application. The written consent shall be dated not more than thirty (30) days prior to the application.

4.

Provide proof of dram shop insurance, as required by section 4-23(a)(19) of this article, covering the premises to be utilized with the wine and beer permit for the time period of the wine and beer permit.

b.

A copy of the wine and beer permit shall be displayed in accordance with section 4-30 of this article.

c.

No more than eight (8) such wine and beer tasting permits shall be issued to any person in any calendar year.

d.

The wine and beer permit, if issued, shall not in any manner be regarded to relieve the permit holder of complying with any other requirement of law.

(4)

Public property café permit (consumption sales). A public property café permit shall authorize a current holder of a class B-1, BP, R, R-1, or W-1 License issued by the City of Effingham, to place tables, chairs, equipment, or other portable appurtenances upon public property within the city, for the purposes of selling food, and beverages, as well as to make consumption sales of any alcoholic liquor within any area specifically designated in the permit, provided said area is contiguous to the primary classification's licensed premises. In addition to compliance with other requirements for Licensed Premises in this ordinance, the public property café permittee shall meet and operate in compliance with the following requirements:

a.

All application procedures contained in section 4-23 shall apply for an applicant for a public property café permit. The application shall also include the following:

1.

A statement of the days and hours during which alcoholic liquor is to be sold, provided that the hours of each day of said public property café shall begin no earlier than 6:00 a.m. CST and end no later than 12:00 midnight CST of the same calendar date.

2.

Two (2) copies and an electronic copy (PDF) of a plat, plan, or drawing indicating, to scale, the area of the public property, the applicant is seeking permission to occupy and the location of furniture, equipment, and any other articles intended to occupy the public property.

3.

Provide proof of dram shop insurance, as required by section 4-23(a)(19) of this article, covering the premises to be utilized with the public property café permit for the period of the public property café permit.

4.

Provide proof that permittee maintains commercial general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of one million and 00/100 dollars ($1,000,000.00) covering the premises to be utilized with the public property café permit for the period of the public property café permit, and shall name the City of Effingham, Illinois, as an additional insured on a primary, non-contributory basis.

5.

An executed agreement, by the applicant that said applicant will, in consideration of being issued a permit for the use of public property within the city, indemnify and hold harmless the City of Effingham, Illinois, and its officers, agents, contractors, and employees, from any and all claims, actions, injuries, or damages of every kind and description, on such form prepared and furnished by the city.

b.

All public property cafés shall be located only in the exact location described in the approved application. Approved furnishings may not be modified or substituted without additional approval of the local liquor control commissioner.

c.

All outdoor furniture shall be made of wood or metal construction preventable from moving during high winds or storm events.

d.

A minimum four (4) feet black steel or rod iron railing shall be required to secure and enclose the permitted area of the public property café. Railings should be constructed to the latest adopted building code and shall be equipped with one means of exit only egress.

e.

Between the street side perimeter of the permittee's service area and the face of the curb of the adjacent street, there shall be a pedestrian passageway measuring no less than six (6) feet in width, provided, however, that whenever permanent obstructions are located between the perimeter of the service area and the curb (e.g. a light pole), the required passageway may be reduced to four (4) feet in width as measured from such perimeter to such obstruction.

f.

No portion of any umbrella or anything attached thereto, other than the support member, shall be less than six and one-half (6½) feet above ground level. All umbrellas must have a mobile base.

g.

All umbrellas shall be of one solid color and shall not display any advertising except the name or title of the licensed premises, as approved by the local liquor control commissioner.

h.

Notwithstanding any other provision of this ordinance, the permittee of a public property café permit may begin food and beverage sales/service in the area described in the approved application at 6:00 a.m. CST, and must conclude sales and clear the area described in the approved application no later than 12:00 midnight CST.

i.

The permittee of a public property café permit, their employees, or customers shall not remove alcoholic liquor from the area specifically designated in the permit, except for a permittee or their employee carrying alcoholic liquor directly between the area deemed the primary classification's licensed premises to the area specifically designated in the public property café permit.

j.

The permittee of a public property café permit or their employees shall not sell, serve, or allow customers to consume alcoholic liquor in the area specifically designated in the public property café permit, unless customers are seated in the seating provided in accordance with the approved site plans.

k.

All tables shall be cleared of all moveable items such as dishes, condiments, and other service items when not occupied.

l.

At closing each day/evening all items used for seating to include umbrellas, chairs, tables, stations, etc. within the area designated in the public property café permit shall be removed or positioned as close as possible to the building until the next day's use. The permittee assumes all responsibility for any personal property left upon the area designated in the public property café permit. The City of Effingham is not responsible for any items left outside of the primary classification's licensed premises.

m.

Any refuse or trash containers placed upon the area designated in the public property café permit by the permittee must be emptied daily. Unemptied refuse or trash containers shall not be allowed to remain on the area designated in the public property café permit after the time listed above for the clearing of the area designated in the public property café permit.

n.

The permittee shall promptly remove any litter deposited on, in, or adjoining the vicinity of the surface space used by the permittee resulting from the activity or activities conducted by permittee. All such litter shall be removed at the time listed above for the clearing of the area designated in the public property café permit.

o.

The area designated in the public property café permit shall be used for business purposes only during the hours specified herein, and neither before nor after such hours.

p.

The permittee shall at all times conduct such activity or activities in the area specifically designated in the public property café permit in an orderly fashion and in such manner as to protect the public health and safety.

q.

The permittee shall comply with all health and sanitation regulations.

r.

A copy of the public property café permit shall be displayed in accordance with section 4-30 of this article.

s.

The public property café permit, if issued, shall not in any manner be regarded to relieve the permit holder of complying with any other requirement of law.

t.

Where exigent circumstances exist, if any police officer or other authorized officer or employee of the city gives notice to a permittee to temporarily move from or suspend operations within the area designated in the public property café permit, such permittee shall comply with said notice. For purposes of this subparagraph, exigent circumstances shall include, but are not limited to, construction within the sidewalk or other right-of-way, unusually heavy pedestrian or vehicular traffic, the existence of any obstructions in the public space at or near such locations, a parade, demonstration, or any other such event or occurrence at or near such area designated in the public property café permit.

u.

Per state law, no smoking shall be allowed within the area designated in the public property café permit.

v.

The public property café permit shall be subject to renewal requirements in accordance with section 4-25 of article III of this ordinance.

(c)

Number of licenses for issuance. The number of licenses to be issued per each respective license classification listed in section 4-22(a), shall be established by the city council. This restriction on the number of licenses shall not limit the right to the renewal of any existing license, but as licenses are revoked, expire without renewal or for any other reason cease to exist, then the total number of licenses for each classification shall automatically be reduced until the total of each such classification shall not exceed the number of licenses listed in Exhibit A, which is attached hereto and hereby incorporated by reference as though fully stated herein.

(Ord. No. 13-2012, 3-20-2012; Ord. No. 16-2013, § II, 8-6-2013; Ord. No. 2-2016, §§ III, IV, 1-5-2016; Ord. No. 21-2016, § IV, 3-15-2016; Ord. No. 76-2016, §§ IV, V, 9-20-2016; Ord. No. 18-2017, § III, 4-18-2017; Ord. No. 77-2017 , § III, 9-19-2017; Ord. No. 80-2018 , § II, 9-18-2018; Ord. No. 014-2019 , § II, 3-5-2019)