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Chapter 34 | Tuesday, March 17, 2009
CHAPTER 34
LIQUOR
34. 01 DEFINITIONS. (a) Interpretation. This chapter shall be liberally construed to the end that the health, safety and welfare of the residents of Colfax shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted.
(b) Definitions Unless the context shall otherwise require, terms used in this chapter shall have the definitions given in the Illinois Revised Statutes, Chapter 43, Articlel, as amended from time to time. Where not otherwise qualified, the term license or licensee wherever used in this chap ter means a license or licensee of the village under this chapter.
34. 02 LICENSE REQUIRED. (a) No person shall sell or offer for sale or possess with intention to sell at retail in the village any alcoholic liquor without a retailer's license from the village in addition to a state license. No person shall sell or offer for sale at retail in the village any alcoholic liquor in violation of the terms and conditions of the license or in violation of any provision of this chapter or any provision of the Illinois Liquor Control Act.
(b) The requirement that a village license be procured shall not apply to physicians, dentists, pharmacists, hospitals, or churches when these persons or institutions possess or dispense alcoholic liquor in accordance with the provisions of the Illinois Revised Statutes, Chapter 43, Section 96, as amended from time to time.
34. 03 RESTRICTIONS ON LICENSES. No village retailer's license of any kind shall be issued:
(a) To a person, partnership or corporation declared ineligible for license under the Illinois Revised Statutes, Chapter 43, Section 120, as amended from time to time, or to a person, partnership, or corporation not eligible for a state retail liquor dealer's license.
(b) For use on premises adjacent to churches, schools, hospitals, or other institutions or places of business if issuance of such license would be contrary to the Illinois Revised Statutes, Chapter 43, Section 127, 127a or 130, as amended from time to time.
(c) For premises to be licensed under a restaurant, hotel, club or bowling alley classification unless such premises shall fully qualify under the definitions of such places as given in the Illinois Revised Statutes. Chapter 43, Article I, as amended from time to time.
ORDINANCE NO. 2004-01
AN ORDINANCE AMENDING CHAPTER 34 LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: September 7, 2004
APPROVED: September 7, 2004
EFFECTIVE DATE: September 7,2004
PUBLISHED IN PAMPHLET FORM: September 7, 2004
ORDINANCE NO. 2004-01
AN ORDINANCE AMENDING CHAP 34. LIQUOR OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX McLEAN COUNTY. ILLINOIS
WHEREAS, pursuant to the laws of the State of Illinois, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, have the authority to establish regulations and restrictions upon the issuance of and operations under village liquor licenses not Inconsistent with State law as the public good and convenience may require;
WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, finds it neccssary to establish and set further regulations in order to promote the health, safety, and welfare of the citizens of the Village of Colfax McLean County, Illinois by amending Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois and
WHEREAS, the President and the Board of Trustees of the Village of Colfax deem it to be a matter of urgency that this amendment of Chapter 34, Liquor, of the Municipal Code of the age of Colfax, McLean County, Illinois, be in full force and effect from and after its passage and approval, in booklet (Pamphlet) fonn, according to the laws of the State of Illinois.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS, that Chapter 34, Liquor, of the Municipal Code of the Village of Colfax be amended as follows:
SECTION 1. That Section 34.01 of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, is hereby amended by adding a new Subsection (c ) thereto as follows:
(c) Additional Definitions: That the following terms and definitions be amended and added
"Sale"--Transfer exchange or barter for consideration, including any sale made by any person including principal, proprietor, agent; servant or employee and includes, but is not limited to all of the following acts when done for considerationi
(A) the selling of alcoholic beverages;
(B) the giving away of alcoholic beverages;
(C) the dispensing of alcoholic beverages;
(D) the providing of mix, ice, water, containers, cups, glasses or soft drinks for the purpose of mixing drinks containing alcoholic beverages for consumption on the premises;
(F) the providing of "set up establishments";
(G) the storage of any alcoholic beverage.
"Set Up Establishment" -means any public or private place that:
(A) Does not hold a liquor license pursuant to this Ordinance but which sells, gives away, provides pours, stores, or otherwise dispenses alcoholic beverage and/or mix, ice, water, containers, cups, glasses, and soft drinks for the purpose of consumptlon of alcoholic beverages on the premises, or
(B) Holds a liquor license and after the hours which it is to be in operation, engages in any of the activities in the Immediately preceding subse
SECTION 2. That Chapter 34, Liquor, of the Municipal Code Of the Village of Colfax is hereby further amended by adding the following provisions as Section 34.18 (a) and Section 34.18 (b) thereto as follows:
Section 34.18 (a). SET UP ESTABLISHMENTS PROHIBITED. Set up establishments as defined in this Ordinance are prohibited within the corporate limits of the Village Of Colfax. McLean County, Illinois, and it shall be unlawful for any person acting as a prlncipai, proprietor, agent, servant or employee to operate a set up establishment.
Section 34.18 (b) It shall be unlawful for any liquor licensee or person acting as agent, servant, or employee of such licensee to provide, serve, or permit any act, conduct, or entertaimnent on the premises in such a manner as to expose to public view.
(A) Male or female genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
(B) Any portion of the female breast at or below the areola thereof;
(C) Any device, film, costume, or covering which gives the appearance of or simulates the above listed body parts;
(D) The use of tassels, pasties, stars, or transparent material for coverage of the above listed body parts;
(E) Sexual Intercourse, masturbation, sodomy, bestiality, cunnilingus, analingus, fellatio, flagellation, sadomasochism or any other sexual acts prohibited by law
(F) The touching, caressing, or fondling of the breast, buttocks, anus, genitals, perineum or pubic hair region;
(G) Excretory functions as part of or in connection with any activities set forth above.
SECTION 3. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Lawerence Baker; Barton Rigsby; Gary Milton; Rick Wagoner
NAYS: -0-
ABSENT: Carol Stephenson; Jack Messamore
APPROVED:
signature on file
President, Board of Trustees
Villaeg of Colfax, Illinois
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 7th day of September, 2004.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 7th day of September, 2004.
CERTIFACTION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 7th day of September, 2004.
I do futher certify that said Ordinance has been placed in the permanent records of said Village to it now appears and remains in the Book of Minutes.
In Witness whereof; I have hereunto set my hand and seal of the Village of Colfn. McLean County, illinois, this 7th day of September, 2004.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax McLean County, Illinois.
I further certify that on September 7, 2004, the Corporate Authorities of such municipality passed and approved Ordinance No. 2004-01 entitled "AN ORDINANCE AMENDING CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2004-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 7, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois this 7th day of September, 2004.
signature on file
Municipal Clerk, Village of Colfax
ORDINANCE NO. 2008-O5
AN ORDINANCE REVISING CHAPTER 34. LIQUOR. BY REPEALING
SUBSECTIONS 34.06 (c ) (3) AND (D) (1) and (2) OF THE VILLAGE OF COLFAX MUNICIPAL CODE
PASSED: AUGUST 4, 2008
APPROVED: AUGUST 4, 2008
EFFECTIVE DATE: AUGUST 4, 2008
PUBLISHED IN PAMPHLET FORM: AUGUST 4, 2008
AN ORDINANCE REVISING CHAPTER 34. LIQUOR. BY REPEALING
SUBSECTIONS 34.06 (c) (3) AND (d) (1) and (2) OF
THE VILLAGE OF COLFAX MUNICIPAL CODE
Whereas, the President and the Board of Trustees of the Village of Colfax have reviewed Chapter 34, LIQUOR, and find that Subsections 34.06 (c) (3) and (d) (1) and (2) thereof and Section 34.17 thereof contain conflicting provisions with regard to closing hours for Class D and Class E liquor license holders. Whereas, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that Subsections 34.06 (c) (3) and (d) (1) and (2) should be repealed and deleted entirely from Chapter 34, LIQUOR.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, ILLINOIS AS FOLLOWS:
Section 1. Repeal of Subsections 34.06 (a) (3) and (d (1) and (2 That Subsections 34.06 (c) (3) and (d) (1) and (2) are hereby repealed and deleted entirely from Chapter 34, LIQUOR.
Section 2. All other Provisions of Chapter 34. LIQUOR. in full force and effect. That all other provisions contained in Chapter 34, LIQUOR, do and shall remain in full force and effect.
Section 3. Severability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 4. Urgency for Passage That the revisions contained herein shall be in full force and effect from and after its passage, approval, and publication in booklet (pamphlet) form, in accordance with the laws of the State of Illinois.
Section 5. Effective Date. This ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.
PASSED by the Board of Trustees of the Village of Colfax, McLean County, Illinois this 4th day of August, 2008:
AYES: Donna Poppe; Bruce Green; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Dennis Farney; Lonnie Meiner
signature on file
Clerk, Village of Colfax
Approved by me this 4th day of August, 2008:
signature on file
Mayor (President of the Board), Village of Colfax
Attested and filed in my office this 4th day of August, 2008
signature on file
Village Clerk
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 4th day of August, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 4th day of August. 2008.
signature on file
Nancy Kiper, Clerk Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois and I further certify that on AUGUST 4, 2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-05, entitled "AN ORDINANCE REVISING CHAPTER 34, LIQUOR. BY REPEALING SUBSECTIONS 34.06 (c) (3) AND (d) (1) and (2) OF THE ViLLAGE OF COLFAX MUNICIPAL CODE", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2008 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 4, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 4th day of August 2008
signature on file
(SEAL)
Liquor 34. 03
(d) A corporation, if any officer, manager, or director thereof or any stockholder owning in the aggregate more than 5 percent of the stock of such corporation would not be eligible to receive a license hereunder for any reason.
34. 04 APPLICATION FOR LICENSE. An applicant for a license or for renewal of a license from the village shall submit an application to the Local Liquor Control Commissioner. The application shall be in writing under oath and shall be signed by the applicant if an individual; or if the application is on behalf of a partnership, firm, association, club or corporation then it shall be signed and sworn to by at least two members of such partnership, or by the president and secretary of such firm, club, association or corpor ation. The application shall state:
1. The name, age, and address of the applicant in the case of an individual; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of such corporation is owned by one person or his nomi nee, the name and address of such person; in the case of a co-partnership, the persons entitled to share in the profits thereof.
2. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
3. The character of business of the applicant, and in the case of a corporation, the objects for which it was formed.
4. The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was iss ued.
5. The amount of goods, wares, and merchandise on hand at the time application is made.
6. The location and description of the premises or place of busi ness which is to beoperated under the license.
7. A statement whether applicant has made application for a similar or other license on premises other than described in the applica tion, and the disposition of the application.
8. A statement that applicant will not allow illegal gambling de vices on the premises.
9. 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 of the United States of America, or the ordinances of this village.
10. Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.
11. A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States, or any ordinance of the village in the conduct of his place of business.
12. A statement 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 directly or indirectly from any manufacturer, importing distributor or distributor or representative of any of them except as may be provided by the Illinois Revised Statutes, Chapter 43.
In addition to the foregoing information the application shall contain such other and further information as the Local Liquor Commissioner may prescribe by rule or regulation not inconsistent with law.
34. 05 LICENSE CONTENTS, LOCATION. Licenses shall clearly indi cate the class of license and the terms of issuance; the name of licensee and the location of the premises. Licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon and only one location shall be so described in each license.
34. 06 CLASSES OF LICENSES; FEES. (a) Classes Classification of licenses issued under this chapter shall be as follows:
"Class A" license shall entitle the holder thereof to sell at retail alco holic liquor to be consumed either upon or away from the premises where sold.
"Class B" license shall entitle the holder thereof to sell beer by the bottle or on draft, at retail only, to be consumed either upon or off the premises where sold.
"Class C" license shall entitle the holder thereof to sell at retail alcoholic liquor in drug stores in quantities of not less than one-half pint and not to exceed one quart at any one time at any one sale and that the same shall be sold in the original package to be consumed off of the premises where the sale is made.
"Class D" license shall be issued to clubs only and shall entitle the holder thereof to sell alcoholic liquor to members and to the public as limited by this section.
Liquor 34.06
(d) 34.06 "CLASS B" LIQUOR LICENSE LIMITATIONS. A
"Class B" liquor license shall be subject to the following limitations:
1. The holder of a "Class B" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00 a.m. Monday through Friday; 6:00 a.m. and 11:59 p.m. on Saturday; 12:00 noon and 11:59 p.m. on Sunday.
ORDINANCE NO. 2003-29
ORDINANCE RESCINDING AND REPLACING SECTION 34.06 (d) (1) AND (2) OF CHAPTER 34 OF THE MUNCIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: October 20, 2003
APPROVED: October 20, 2003
EFFECtIVE DATE: October 20, 2003
PUBLISHED IN PAMPHLET FORM: October 20, 2003
ORDINANCE 2003-29
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.06(b) (1) AND (2) OF CHAPTER 34 OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS
WHEREAS, the President and the Board of Trustees of the
Village of Colfax have reviewed Section 34.06(d)(1) and (2) of
Chapter 34 of the Municipal Code of the Village of Colfax, Mclean
County, Illinois which states as follows:
"34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not sell alcoholic liquor pursuant to said license on Sunday.
And have determined that said Section 34.06(d) of Chapter 34 should be rescinded and replaced with the following provisions:
34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" liquor license shall be subject to the following limitations:
1. The holder of a "Class E" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00 a.m. Monday through Friday; 6:00 a.m. and 11:59 Saturday; and from 12:00 noon to 11:59 p.m. on Sunday.
2. That Section 34.06(d) (2) of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois is hereby rescinded in its entirety.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX OF COLFAX, McLEAN COUNTY, ILLINOIS:
That the Section 34.06 (d) (1) and (2) of Chapter 34 of the Municipal Code of the Village of Colfax, McLean County, illinois which states as follows:
"34.06 (d) "CLASS E" LICENSE LIMiTATIONS. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not seft alcoholic liquor pursuant to said license on Sunday.
Is hereby rescinded and replaced with the following provision:
34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" liquor license shall be subject to the following limitations:
1. The holder of a "Class E" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00a.m. on Monday through Friday; between the hours of 6:00 a.m. and 11:59 p.m. on Saturday; and between the hours of 12:00 noon and 11:59 p.m. on Sunday.
2. That Section 34.06 (d) (2) of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois be rescinded in its entirety.
That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Gary Milton; Lawrence Baker; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT: Barton Rigsby
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.
CERTIFICATION OF ORDINANCE
PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF Mc LEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on October 20, 2003, the Corporate
Authorities of such municipality passed and approved Ordinance No. 2003-29 entitled "AN ORDINANCE RESCINDING AND REPLACING
SECTION 34.06 (d) (1) and (2) OF CHAPTER 34 OF THE MUNICIPAL
CODE OF THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS", which provided by its tenns that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2003-29, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on October 20, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 20th day of October, 2003.
signature on file
Municipal Clerk, Village of Colfax
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF Mc LEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean
County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 20th day of October, 2003.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 20th day of October, 2003.
signature on file
Clerk of the Village of Colfax, McLean County, Illinois.
Liquor 34.06
"Class E" license shall entitle the holder thereof to sell at retail alcoholic liquor in original unopened packages and original unopened containers, to be consumed off the premises where sold. (am. 3/12/87)
(b) Fees. Annual fees for licenses are as follows, and shall be payable semi-annually in advance, except the "Class ID" license fee which shall be payable annually in advance:
Class A $600.
Class B 60.
Class C 175.
Class D 75.
Class E 300. (am. 3/12/87)
(c) Club License Limitations. A "Class I club license shall be subject to the following limitations:
1. Qualifications. A club license shall be issued only to a charitable not-for-profit organization.
2. Number of Licenses. No more than one club license shall be permitted during any fiscal year.
3. Closing Time. The holder of a club license shall be permitted to serve alcoholic liquor only between the hours of 9:00 a. m. and midnight on days other than Sunday, and between the hours of 1:00 p.m. and 10:00 p.m. on Sunday. (am. 12/15/83)
4. Public Use. The licensee shall not serve members of the general public, except during special public functions, and not more than 30 times per year.
5. Club Use. The licensee shall serve only members and two guests per member, except as provided in the foregoing paragraph. The term "member" shall include a member of any affiliate of the licensee and special members designated by the license. No carryouts shall be permitted.
6. A club licensee shall be subject to all other regulations of this chapter, except insofar as they are in conflict with this section.
(d) "Class E" License Limitations. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:oo a. m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not sell alcoholic liquor pursuant to said license on Sunday. (3/12/87)
34.07 NUMBER OF LICENSES; OWNERSHIP. In accordance with the principal interest of the general public the number of liquor licenses issued to sell alcoholic liquor within the village shall be limited to such number as may be prescribed by the Board of Trustees by resolution from time to time. No license shall be issued to any person unless such person shall file an affidavit that such person is the sole owner of such place of business and that no other person is interested in such place of business either directly or indirectly. Such affidavit shall be a prerequisite to the issuance of a license to sell alcoholic liquor within the Village of Colfax.
34.08 DURATION OF LICENSES. Every license shall terminate on April 30 next following issuance unless sooner revoked or suspended. The fee for a new license shall be the annual fee reduced in proportion to the number of full months that have expired since the last prior May 1. The fee for renewal shall be the full annual fee. There shall be no rebate for the unexpired term of a license. An application for renewal shall not be considered as such unless made prior to April 30, and unless submitted with the appropriate fee. No license shall be valid unless the proper fee has been paid.
34.09 NATURE OF LICENSE, RENEWAL. A license shall be purely a personal privilege and shall be subject to all the limitations and privileges set forth in the Illinois Revised Statutes, Chapter 43, Section 119, as amended from time to time.
34.10 CHAFCE OF LOCATION. After a license has been granted for a particular premises, the Local Liquor Control Commissioner, upon application by the licensee, may endorse upon the license permission to abandon the premises thereon described and to remove the license to other premises approved by him and described in the endorsement. The application for transfer shall be in writing under oath and shall fully describe the new premises. The reasons for transfer shall be given and it shall be shown that the new premises comply in all respects with the requirements of this chapter and the Illinois Revised Statutes, Chapter 43, as amended from time to time.
34. 11 SALES TO MINORS, DRUNKARDS, SPENDTHRIFTS. Licenses are subject to all prohibitions and penalties set forth in the Illinois Revised Statutes, Chapter 43, Section 131, as amended from time to time.
34.12 DISPLAY OF LICENSE. Every licensee shall cause his license to be framed and hung in plain view on a conspicuous place on the licensed premises.
34.13 UNOBSTRUCTED VIEW OF PREMISES. The provisions of the Illinois Revised Statutes, Chapter 43, Section 141, as amended from time to time, shall apply to premises upon which the sale of alcoholic liquor for consumption on the premises is licensed.
34.14 ACCESS TO DWELLING QUARTERS FROM LICENSED PREM ISES. There shall be no access from licensed premises to dwelling quarters except as permitted under the Illinois Revised Statutes, Chapter 43, Section 128, as amended from time to time.
34.15 SANITARY CONDITIONS. All premises used for the retail sale of alcoholic liquor, or of storage of such liquor for sale, shall be kept in full compliance with ordinances regulating the condition of premises used for the storage or sale of food for human consumption.
34.16 EMPLOYEES. No person shall employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with or who is a carrier of any contagious, infectious, or venereal diseases; and no person who is affected with or is a carrier of any such disease shall work in or about any premises or engage in any way in the handling, preparation, or distribution, of such liquor.
34.17 CLOSING HOURS; SUNDAYS; NEW YEARS. (a) Consumption. It shall be unlawful for any licensee to permit any person to consume any alcoholic beverage on Class C and E licensed premises at any time or on Glass A, B and D licensed premises except during the hours when the license permits the sale of alcoholic beverages on such premises.
(b) Hours. Class A, B, C, D and E Licenses: Monday through Saturday inclusive, from 6:00 a. m. to 1:00 a. m. the following day. Sunday from 12:00 noon to 11:59 p.m.
(c) New Years. Notwithstanding any prior provision contained herein-
before, on December 31, hours for all classes of license shall be from
6:00 a. m. to 2:00 a. m. New Years Day except when December 31 falls on a Sunday, such hours shall be from 12:00 noon to 2:00 a.m. New Years Day.
(d) Closing. It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or upon any premises in which alcoholic liquor is sold at retail except during the hours when the license permits the sale of alcoholic beverages on such premises; provided, however, that in the case of gas stations, grocery stores, convenience markets, restaurants, hotels, drug stores and charitable not-for-profit clubs, such establishments may be kept open for business during such hours as may be established by the proprietor thereof, but no alcoholic liquor may be sold to, or consumed by, the public in or on such premises except during the hours when the license permits the sale of alcoholic beverages on such premises. (am. 1/4/88)
34. 18 (Repealed 8/1/88)
34. 19 CREDIT SALES. No person shall sell or furnish alcoholic liquor at retail under terms contrary to the Illinois Revised Statutes, Chapter 43, Section 114, as amended from time to time.
34. 20 REFILLING ORIGINAL PACKAGES. No person except a manufacturer, distributor, or importing distributor shall fill or refill, in whole or in part, any original package for alcoholic liquor with the same or any other kind of quality of alcoholic liquor with any dilutent. It shall be unlawful for any person to have in his possession for sale or retail any bottles, casks, or other container containing alcoholic liquor except in the original package.
34.21 MINIMUM SIZE CONTAINER. No unmixed whiskey, unmixed rum, or unmixed gin shall be sold or offered for sale at retail for consumption on the premises except in a container having a minimum capacity of at least one fluid ounce and which contains at the time of sale at least one fluid ounce of the beverage being sold. No person licensed to sell alcoholic liquor at retail for consumption on the premises shall use in such sales or possess on the premises any glass or other container so constructed as to be deceptive in appearance or to mislead the consumer as to its true capacity.
34. 22 GIFTS. The Local Liquor Control Commissioner, his agent or agents, members of a committee appointed by him to assist in local control, members of the Board of Trustees and police officers are prohibited from soliciting or accepting any gift, gratuity, emolument, or employment from any licensee and every licensee or employee, agent, or officer of such licensee is prohibited from offering or making any such gift, gratuity, or emolument to any person prohibited from accepting any such gift, gratuity or emolument.
ORDINANCE NO. 2003-05
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.22, GIFTS
OF CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: JUNE 2, 2003
APPROVED: JUNE 2, 2003
EFFECTIVE DATE: JUNE 2, 2003
PUBLISHED IN PAMPHLET FORM: JUNE 2, 2003
ORDINANCE NO. 2003-O5
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.22. GIFTS OF CHAPTER 34, LIOUOR. OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
WHEREAS, the President and the Board of Trustees of the ‘Village of Colfax have reviewed Section 34.22, Gifts, of Chapter 34, Liquor, of the Municipal Code of the ‘Village of Colfax and have considered the value of the restriction against members of the Board of Trustees being employed by a licensee of an establishment selling alcoholic liquor; and
WHEREAS, the President and the Board of Trustees of the Village of Colfax are aware of the fact that the Illinois Liquor Control Act does not have any such restriction against general of the Board of Trustees being employed by a licensee of an establishment selling alcoholic liquor and deem it unnecessary to so restrict the employment opportunities of general members of the Board of Trustees; and
WHEREAS, the President and the Board of Trustees of Trustees of the Village of Colfax find and hold the opinion that said restriction against members of the Board of Trustees should be removed from said Section 34.22 but that all other provisions should be
retained.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS:
SECTION 1. That Section 34.22, Gifts, of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax is hereby rescinded in its entirety.
SECTION 2. That Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois is hereby amended to add the following:
"Section 34.22, Prohibitions regarding Gifts, Gratuities, or Employment, as follows:
"The Local Liquor Control Commissioner, his agent or agents, members of a committee appointed by him to assist in local liquor control, and police officers are prohibited from soliciting or accepting any gift, gratuity, or employment from any licensee and every licensee or employee, or officer of such licensee is prohibited from offering or making any such gift, gratuity, or emolument. Members of the Board of Trustees are also prohibited from soliciting or accepting any gift or gratuity of any kind from any licensee and every licensee or employee, or officer of such licensee is prohibited from offering or making any such gift or gratuity of any kind; however, Members of the Board of
Trustees, who are not members of a committee appointed by the Local Liquor Control Commissioner to assist in local liquor control, may be employed by a licensee of a liquor license but any such Member of the Board of Trustees so employed shall not vote on any matter involving any liquor licensee, liquor license, or applicant for a liquor license."
SECTION 3. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Gary Milton; Laurence Baker; Barton Rigsby; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT:-0-
APPROVED:
signature on file
President, Board of Trustees
Village of Colfax, Illinois
ATTEST:
signature on file
Vilage Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 2nd day of June, 2003.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 2nd day of June, 2003.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois do hereby certlfy that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved and published on the 2nd day of June, 2003.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof; I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 2nd day of June, 2003.
signature on file
Clerk of the Village of the Village of Colfax, McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FROM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certfy that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certfy that on June 2, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. 2003-O5 , entitled "AN ORDINANCE RESCINDING S REPLACING SECTION 34.22, GIFTS OF CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2003-05 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the municipal building, connnenclng on June 2, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 2nd day of June, 2003.
signature on file
Municipal Clerk, Village of Colfax
Liquor 34. 23
34.23 REMOVAL FROM PREMISES. No person shall remove any alcoholic liquor in any container of any kind from a premises licensed solely to sell alcoholic liquor for consumption on the premises.
34.24 MINORS. No minor person shall represent that he is of age for the purpose of buying, accepting, or receiving alcoholic liquor from a licensee.
34.25 INTOXICATION. No person shall be in an intoxicated condition on any street, alley or public place of the village or in any private house or place to the disturbance of another.
34.26 PEDDLING LIQUOR. No person shall peddle alcoholic liquor in the village.
34.27 LOCAL LIQUOR CONTROL COMMISSIONER. (a) Regulations Administered. The President of the Board of Trustees shall be the Local Liquor Control Commissioner and shall be charged with the administration of the provisions of this chapter and of the appropriate provisions of the Liquor Control Act of the State of Illinois. The Local Commissioner may appoint a person or persons to assist him in the exercise of these powers and responsibilities. The Local Commissioner and his assistants shall receive no compensation for performing these duties but this provision shall not cause the commissioner or his assistants to be ineligible for compensation for other offices or positions they may occupy.
(b) Powers The Local Commissioner shall have the following powers, functions and duties:
1. To grant and revoke for cause all local licenses issued to persons for premises within the village. Cause shall specifically include but shall not be limited to, a licensee's failure to operate the licensed premises for a period of 60 consecutive days.
2. To enter or to authorize any law enforcing officer to enter at any time upon the premises licensed under this chapter to determine whether any of the provisions of this chapter or of the Liquor Control Act of the State of Illinois or any of the rules or regulations adopted by the State Commission have been or are being violated, and at such times to examine the premises of the licensee in connection therewith.
3. To receive complaint from any citizen of the village that any provision of this chapter or the Liquor Control Act has been or is being violated and to act upon such complaint in the manner provided by law.
4. To receive or cause to be received all local license fees and pay same forthwith to the Village Treasurer.
5. To examine or cause to be examined under oath any applicant for village license or for renewal thereof or any licensee upon whom notice of revocation has been served, all as provided in the Illinois Revised Statutes, Chapter 43, Paragraph 113, as amended from time to time.
(c) List of Licensees. The Local Commissioner shall keep or cause to be kept a complete record and file of particulars of all licenses issued by him.
34.28 COMPLAINT OF VIOLATIONS. Any five residents of the village shall have the right to file a complaint with the Local Commissioner stating that any retail licensee has been or is violating any provision of this chapter or of the Illinois Liquor Control Act. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provisions believed to have been violated and the facts in detail upon which the belief is based. If the Local Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particulars charged in the complaint.
34.29 REVOCATION OF LICENSE. The Local Commissioner may revoke any local license issued by the village if he determines that the licensee has violated any provision of this chapter or of the Illinois Liquor Control Act. There shall be no refund of license fee. These penalties shall be in addition to any other penalties that may be assessed for conviction of violation. When any license shall have been revoked for cause, no license shall be granted to any person for the period of one year thereafter for the sale of alcoholic liquor on the premises described in the revoked license.
34.30 RESPONSIBILITY OF OWNERS OF PREMISES. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use the premises in violation of the terms of this chapter or of the applicable provisions of the Illinois Liquor Control Act, the owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as such licensee and shall be subject to the same penalties.
34. 31 ACTS OF AGENT OR EMPLOYEE. Every act or omission constituting a violation of any provision of this chapter or of the Illinois Liquor Control Act by any officer, director, manager. agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee and the employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him personally.
34. 32 PUBLIC DRINKING. No person shall consume alcoholic liquor in. upon, or at any sidewalk, street, alley, park, swimming pool, fire station, water treatment plant, parking lot, water tower, school, library, Village or Township Hall, or other public property belonging to this village or any other unit of local government, within the Village of Colfax, or permit any open bottle, container or utensil containing alcoholic liquor to be located in, upon, or at any such property. (added 7/5/77)
AN ORDINANCE AMENDING CHAPTER 34.32 OF THE COLFAX MUNICIPAL CODE
WHEREAS, it is believed that it is necessary to amend Chapter 34 of the Colax Municipal Code of the Village of Colfax, Mclean County, Illinois, passed, approved, and published January 5, 1976:
NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois as follows:
THAT Chapter 34 of the Colftx Municipal Code of the Village of Colfax, McLean County, Illinois, passed, approved, and published January 5, 1976, be amended to add the following paragraph as follows:
as follows:
34.32 PUBLIC DRINKING. Paragraph 34.32 of the Colfax Municipal Code, enacted July 5, 1977, shall be amended Public sale and consumption of beer shall be allowed 8:00 p.m. - 12:00 a.m. of August 21, 1993, downtown Colfax, for the benefit of a public street dance. This amendment shall apply for the stated time period only and shall not extend to any other areas of the Village.
THIS ORDINANCE shall take effect ten (10) days after passage and publication in pamphlet form under the authority of the Board of Trustees of the Village of Colfax, McLean County, Iillinois, as provided by law.
PASSED and deposited and filed in the office of the Village Clerk this 7th day of June.
signature on file
Village Clerk
APPROVED this 7th day of June, 1993
signature on file
President
ATTEST:
signature on file
Village Clerk
VOTE:
YEAS: 4
NAYS: -0-
PUBLISHED in pamphlet form by authority of the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, this 7th day of June, 1993.
EFFECTIVE: June 7, 1993
STATE OF ILLINOIS )
) SS
COUNTY OF MC LEAN )
I, CONNIE NEAVEILL, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance amending Chapter 34, Section 32, on Public Drinking in the Colfax Municipal Code, constitutes a true and correct copy of said Ordinance, passed, approved, and published in pamphlet form on the 7th day of June, 1993.
I do further certify that said Ordinance has been placed in the permanent records of said Village where It now appears and remains in the Book of Minutes.
In Witness whereof. I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 7th day of June, 1993.
signature on file
CONNIE NEAVEILL, Clerk of the Village of Colfax,
McLean County, Illinois.
LIQUOR
34. 01 DEFINITIONS. (a) Interpretation. This chapter shall be liberally construed to the end that the health, safety and welfare of the residents of Colfax shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted.
(b) Definitions Unless the context shall otherwise require, terms used in this chapter shall have the definitions given in the Illinois Revised Statutes, Chapter 43, Articlel, as amended from time to time. Where not otherwise qualified, the term license or licensee wherever used in this chap ter means a license or licensee of the village under this chapter.
34. 02 LICENSE REQUIRED. (a) No person shall sell or offer for sale or possess with intention to sell at retail in the village any alcoholic liquor without a retailer's license from the village in addition to a state license. No person shall sell or offer for sale at retail in the village any alcoholic liquor in violation of the terms and conditions of the license or in violation of any provision of this chapter or any provision of the Illinois Liquor Control Act.
(b) The requirement that a village license be procured shall not apply to physicians, dentists, pharmacists, hospitals, or churches when these persons or institutions possess or dispense alcoholic liquor in accordance with the provisions of the Illinois Revised Statutes, Chapter 43, Section 96, as amended from time to time.
34. 03 RESTRICTIONS ON LICENSES. No village retailer's license of any kind shall be issued:
(a) To a person, partnership or corporation declared ineligible for license under the Illinois Revised Statutes, Chapter 43, Section 120, as amended from time to time, or to a person, partnership, or corporation not eligible for a state retail liquor dealer's license.
(b) For use on premises adjacent to churches, schools, hospitals, or other institutions or places of business if issuance of such license would be contrary to the Illinois Revised Statutes, Chapter 43, Section 127, 127a or 130, as amended from time to time.
(c) For premises to be licensed under a restaurant, hotel, club or bowling alley classification unless such premises shall fully qualify under the definitions of such places as given in the Illinois Revised Statutes. Chapter 43, Article I, as amended from time to time.
ORDINANCE NO. 2004-01
AN ORDINANCE AMENDING CHAPTER 34 LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: September 7, 2004
APPROVED: September 7, 2004
EFFECTIVE DATE: September 7,2004
PUBLISHED IN PAMPHLET FORM: September 7, 2004
ORDINANCE NO. 2004-01
AN ORDINANCE AMENDING CHAP 34. LIQUOR OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX McLEAN COUNTY. ILLINOIS
WHEREAS, pursuant to the laws of the State of Illinois, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, have the authority to establish regulations and restrictions upon the issuance of and operations under village liquor licenses not Inconsistent with State law as the public good and convenience may require;
WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, finds it neccssary to establish and set further regulations in order to promote the health, safety, and welfare of the citizens of the Village of Colfax McLean County, Illinois by amending Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois and
WHEREAS, the President and the Board of Trustees of the Village of Colfax deem it to be a matter of urgency that this amendment of Chapter 34, Liquor, of the Municipal Code of the age of Colfax, McLean County, Illinois, be in full force and effect from and after its passage and approval, in booklet (Pamphlet) fonn, according to the laws of the State of Illinois.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS, that Chapter 34, Liquor, of the Municipal Code of the Village of Colfax be amended as follows:
SECTION 1. That Section 34.01 of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, is hereby amended by adding a new Subsection (c ) thereto as follows:
(c) Additional Definitions: That the following terms and definitions be amended and added
"Sale"--Transfer exchange or barter for consideration, including any sale made by any person including principal, proprietor, agent; servant or employee and includes, but is not limited to all of the following acts when done for considerationi
(A) the selling of alcoholic beverages;
(B) the giving away of alcoholic beverages;
(C) the dispensing of alcoholic beverages;
(D) the providing of mix, ice, water, containers, cups, glasses or soft drinks for the purpose of mixing drinks containing alcoholic beverages for consumption on the premises;
(F) the providing of "set up establishments";
(G) the storage of any alcoholic beverage.
"Set Up Establishment" -means any public or private place that:
(A) Does not hold a liquor license pursuant to this Ordinance but which sells, gives away, provides pours, stores, or otherwise dispenses alcoholic beverage and/or mix, ice, water, containers, cups, glasses, and soft drinks for the purpose of consumptlon of alcoholic beverages on the premises, or
(B) Holds a liquor license and after the hours which it is to be in operation, engages in any of the activities in the Immediately preceding subse
SECTION 2. That Chapter 34, Liquor, of the Municipal Code Of the Village of Colfax is hereby further amended by adding the following provisions as Section 34.18 (a) and Section 34.18 (b) thereto as follows:
Section 34.18 (a). SET UP ESTABLISHMENTS PROHIBITED. Set up establishments as defined in this Ordinance are prohibited within the corporate limits of the Village Of Colfax. McLean County, Illinois, and it shall be unlawful for any person acting as a prlncipai, proprietor, agent, servant or employee to operate a set up establishment.
Section 34.18 (b) It shall be unlawful for any liquor licensee or person acting as agent, servant, or employee of such licensee to provide, serve, or permit any act, conduct, or entertaimnent on the premises in such a manner as to expose to public view.
(A) Male or female genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
(B) Any portion of the female breast at or below the areola thereof;
(C) Any device, film, costume, or covering which gives the appearance of or simulates the above listed body parts;
(D) The use of tassels, pasties, stars, or transparent material for coverage of the above listed body parts;
(E) Sexual Intercourse, masturbation, sodomy, bestiality, cunnilingus, analingus, fellatio, flagellation, sadomasochism or any other sexual acts prohibited by law
(F) The touching, caressing, or fondling of the breast, buttocks, anus, genitals, perineum or pubic hair region;
(G) Excretory functions as part of or in connection with any activities set forth above.
SECTION 3. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Lawerence Baker; Barton Rigsby; Gary Milton; Rick Wagoner
NAYS: -0-
ABSENT: Carol Stephenson; Jack Messamore
APPROVED:
signature on file
President, Board of Trustees
Villaeg of Colfax, Illinois
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 7th day of September, 2004.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 7th day of September, 2004.
CERTIFACTION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 7th day of September, 2004.
I do futher certify that said Ordinance has been placed in the permanent records of said Village to it now appears and remains in the Book of Minutes.
In Witness whereof; I have hereunto set my hand and seal of the Village of Colfn. McLean County, illinois, this 7th day of September, 2004.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax McLean County, Illinois.
I further certify that on September 7, 2004, the Corporate Authorities of such municipality passed and approved Ordinance No. 2004-01 entitled "AN ORDINANCE AMENDING CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2004-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 7, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois this 7th day of September, 2004.
signature on file
Municipal Clerk, Village of Colfax
ORDINANCE NO. 2008-O5
AN ORDINANCE REVISING CHAPTER 34. LIQUOR. BY REPEALING
SUBSECTIONS 34.06 (c ) (3) AND (D) (1) and (2) OF THE VILLAGE OF COLFAX MUNICIPAL CODE
PASSED: AUGUST 4, 2008
APPROVED: AUGUST 4, 2008
EFFECTIVE DATE: AUGUST 4, 2008
PUBLISHED IN PAMPHLET FORM: AUGUST 4, 2008
AN ORDINANCE REVISING CHAPTER 34. LIQUOR. BY REPEALING
SUBSECTIONS 34.06 (c) (3) AND (d) (1) and (2) OF
THE VILLAGE OF COLFAX MUNICIPAL CODE
Whereas, the President and the Board of Trustees of the Village of Colfax have reviewed Chapter 34, LIQUOR, and find that Subsections 34.06 (c) (3) and (d) (1) and (2) thereof and Section 34.17 thereof contain conflicting provisions with regard to closing hours for Class D and Class E liquor license holders. Whereas, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that Subsections 34.06 (c) (3) and (d) (1) and (2) should be repealed and deleted entirely from Chapter 34, LIQUOR.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, ILLINOIS AS FOLLOWS:
Section 1. Repeal of Subsections 34.06 (a) (3) and (d (1) and (2 That Subsections 34.06 (c) (3) and (d) (1) and (2) are hereby repealed and deleted entirely from Chapter 34, LIQUOR.
Section 2. All other Provisions of Chapter 34. LIQUOR. in full force and effect. That all other provisions contained in Chapter 34, LIQUOR, do and shall remain in full force and effect.
Section 3. Severability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 4. Urgency for Passage That the revisions contained herein shall be in full force and effect from and after its passage, approval, and publication in booklet (pamphlet) form, in accordance with the laws of the State of Illinois.
Section 5. Effective Date. This ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.
PASSED by the Board of Trustees of the Village of Colfax, McLean County, Illinois this 4th day of August, 2008:
AYES: Donna Poppe; Bruce Green; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Dennis Farney; Lonnie Meiner
signature on file
Clerk, Village of Colfax
Approved by me this 4th day of August, 2008:
signature on file
Mayor (President of the Board), Village of Colfax
Attested and filed in my office this 4th day of August, 2008
signature on file
Village Clerk
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 4th day of August, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 4th day of August. 2008.
signature on file
Nancy Kiper, Clerk Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois and I further certify that on AUGUST 4, 2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-05, entitled "AN ORDINANCE REVISING CHAPTER 34, LIQUOR. BY REPEALING SUBSECTIONS 34.06 (c) (3) AND (d) (1) and (2) OF THE ViLLAGE OF COLFAX MUNICIPAL CODE", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2008 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 4, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 4th day of August 2008
signature on file
(SEAL)
Liquor 34. 03
(d) A corporation, if any officer, manager, or director thereof or any stockholder owning in the aggregate more than 5 percent of the stock of such corporation would not be eligible to receive a license hereunder for any reason.
34. 04 APPLICATION FOR LICENSE. An applicant for a license or for renewal of a license from the village shall submit an application to the Local Liquor Control Commissioner. The application shall be in writing under oath and shall be signed by the applicant if an individual; or if the application is on behalf of a partnership, firm, association, club or corporation then it shall be signed and sworn to by at least two members of such partnership, or by the president and secretary of such firm, club, association or corpor ation. The application shall state:
1. The name, age, and address of the applicant in the case of an individual; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of such corporation is owned by one person or his nomi nee, the name and address of such person; in the case of a co-partnership, the persons entitled to share in the profits thereof.
2. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
3. The character of business of the applicant, and in the case of a corporation, the objects for which it was formed.
4. The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was iss ued.
5. The amount of goods, wares, and merchandise on hand at the time application is made.
6. The location and description of the premises or place of busi ness which is to beoperated under the license.
7. A statement whether applicant has made application for a similar or other license on premises other than described in the applica tion, and the disposition of the application.
8. A statement that applicant will not allow illegal gambling de vices on the premises.
9. 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 of the United States of America, or the ordinances of this village.
10. Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.
11. A statement that the applicant will not violate any of the laws of the State of Illinois, or of the United States, or any ordinance of the village in the conduct of his place of business.
12. A statement 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 directly or indirectly from any manufacturer, importing distributor or distributor or representative of any of them except as may be provided by the Illinois Revised Statutes, Chapter 43.
In addition to the foregoing information the application shall contain such other and further information as the Local Liquor Commissioner may prescribe by rule or regulation not inconsistent with law.
34. 05 LICENSE CONTENTS, LOCATION. Licenses shall clearly indi cate the class of license and the terms of issuance; the name of licensee and the location of the premises. Licenses issued hereunder shall apply only to the premises described in the application and in the license issued thereon and only one location shall be so described in each license.
34. 06 CLASSES OF LICENSES; FEES. (a) Classes Classification of licenses issued under this chapter shall be as follows:
"Class A" license shall entitle the holder thereof to sell at retail alco holic liquor to be consumed either upon or away from the premises where sold.
"Class B" license shall entitle the holder thereof to sell beer by the bottle or on draft, at retail only, to be consumed either upon or off the premises where sold.
"Class C" license shall entitle the holder thereof to sell at retail alcoholic liquor in drug stores in quantities of not less than one-half pint and not to exceed one quart at any one time at any one sale and that the same shall be sold in the original package to be consumed off of the premises where the sale is made.
"Class D" license shall be issued to clubs only and shall entitle the holder thereof to sell alcoholic liquor to members and to the public as limited by this section.
Liquor 34.06
(d) 34.06 "CLASS B" LIQUOR LICENSE LIMITATIONS. A
"Class B" liquor license shall be subject to the following limitations:
1. The holder of a "Class B" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00 a.m. Monday through Friday; 6:00 a.m. and 11:59 p.m. on Saturday; 12:00 noon and 11:59 p.m. on Sunday.
ORDINANCE NO. 2003-29
ORDINANCE RESCINDING AND REPLACING SECTION 34.06 (d) (1) AND (2) OF CHAPTER 34 OF THE MUNCIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: October 20, 2003
APPROVED: October 20, 2003
EFFECtIVE DATE: October 20, 2003
PUBLISHED IN PAMPHLET FORM: October 20, 2003
ORDINANCE 2003-29
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.06(b) (1) AND (2) OF CHAPTER 34 OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS
WHEREAS, the President and the Board of Trustees of the
Village of Colfax have reviewed Section 34.06(d)(1) and (2) of
Chapter 34 of the Municipal Code of the Village of Colfax, Mclean
County, Illinois which states as follows:
"34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not sell alcoholic liquor pursuant to said license on Sunday.
And have determined that said Section 34.06(d) of Chapter 34 should be rescinded and replaced with the following provisions:
34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" liquor license shall be subject to the following limitations:
1. The holder of a "Class E" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00 a.m. Monday through Friday; 6:00 a.m. and 11:59 Saturday; and from 12:00 noon to 11:59 p.m. on Sunday.
2. That Section 34.06(d) (2) of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois is hereby rescinded in its entirety.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX OF COLFAX, McLEAN COUNTY, ILLINOIS:
That the Section 34.06 (d) (1) and (2) of Chapter 34 of the Municipal Code of the Village of Colfax, McLean County, illinois which states as follows:
"34.06 (d) "CLASS E" LICENSE LIMiTATIONS. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not seft alcoholic liquor pursuant to said license on Sunday.
Is hereby rescinded and replaced with the following provision:
34.06 (d) "CLASS E" LICENSE LIMITATIONS. A "Class E" liquor license shall be subject to the following limitations:
1. The holder of a "Class E" liquor license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:00 a.m. and 1:00a.m. on Monday through Friday; between the hours of 6:00 a.m. and 11:59 p.m. on Saturday; and between the hours of 12:00 noon and 11:59 p.m. on Sunday.
2. That Section 34.06 (d) (2) of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois be rescinded in its entirety.
That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Gary Milton; Lawrence Baker; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT: Barton Rigsby
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 20th day of October, 2003.
CERTIFICATION OF ORDINANCE
PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF Mc LEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on October 20, 2003, the Corporate
Authorities of such municipality passed and approved Ordinance No. 2003-29 entitled "AN ORDINANCE RESCINDING AND REPLACING
SECTION 34.06 (d) (1) and (2) OF CHAPTER 34 OF THE MUNICIPAL
CODE OF THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS", which provided by its tenns that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2003-29, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on October 20, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 20th day of October, 2003.
signature on file
Municipal Clerk, Village of Colfax
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF Mc LEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean
County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 20th day of October, 2003.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 20th day of October, 2003.
signature on file
Clerk of the Village of Colfax, McLean County, Illinois.
Liquor 34.06
"Class E" license shall entitle the holder thereof to sell at retail alcoholic liquor in original unopened packages and original unopened containers, to be consumed off the premises where sold. (am. 3/12/87)
(b) Fees. Annual fees for licenses are as follows, and shall be payable semi-annually in advance, except the "Class ID" license fee which shall be payable annually in advance:
Class A $600.
Class B 60.
Class C 175.
Class D 75.
Class E 300. (am. 3/12/87)
(c) Club License Limitations. A "Class I club license shall be subject to the following limitations:
1. Qualifications. A club license shall be issued only to a charitable not-for-profit organization.
2. Number of Licenses. No more than one club license shall be permitted during any fiscal year.
3. Closing Time. The holder of a club license shall be permitted to serve alcoholic liquor only between the hours of 9:00 a. m. and midnight on days other than Sunday, and between the hours of 1:00 p.m. and 10:00 p.m. on Sunday. (am. 12/15/83)
4. Public Use. The licensee shall not serve members of the general public, except during special public functions, and not more than 30 times per year.
5. Club Use. The licensee shall serve only members and two guests per member, except as provided in the foregoing paragraph. The term "member" shall include a member of any affiliate of the licensee and special members designated by the license. No carryouts shall be permitted.
6. A club licensee shall be subject to all other regulations of this chapter, except insofar as they are in conflict with this section.
(d) "Class E" License Limitations. A "Class E" license shall be subject to the following limitations:
1. The holder of a "Class E" license shall be permitted to sell alcoholic liquor pursuant to said license only between the hours of 6:oo a. m. and midnight on days other than Sunday.
2. The holder of a "Class E" license shall not sell alcoholic liquor pursuant to said license on Sunday. (3/12/87)
34.07 NUMBER OF LICENSES; OWNERSHIP. In accordance with the principal interest of the general public the number of liquor licenses issued to sell alcoholic liquor within the village shall be limited to such number as may be prescribed by the Board of Trustees by resolution from time to time. No license shall be issued to any person unless such person shall file an affidavit that such person is the sole owner of such place of business and that no other person is interested in such place of business either directly or indirectly. Such affidavit shall be a prerequisite to the issuance of a license to sell alcoholic liquor within the Village of Colfax.
34.08 DURATION OF LICENSES. Every license shall terminate on April 30 next following issuance unless sooner revoked or suspended. The fee for a new license shall be the annual fee reduced in proportion to the number of full months that have expired since the last prior May 1. The fee for renewal shall be the full annual fee. There shall be no rebate for the unexpired term of a license. An application for renewal shall not be considered as such unless made prior to April 30, and unless submitted with the appropriate fee. No license shall be valid unless the proper fee has been paid.
34.09 NATURE OF LICENSE, RENEWAL. A license shall be purely a personal privilege and shall be subject to all the limitations and privileges set forth in the Illinois Revised Statutes, Chapter 43, Section 119, as amended from time to time.
34.10 CHAFCE OF LOCATION. After a license has been granted for a particular premises, the Local Liquor Control Commissioner, upon application by the licensee, may endorse upon the license permission to abandon the premises thereon described and to remove the license to other premises approved by him and described in the endorsement. The application for transfer shall be in writing under oath and shall fully describe the new premises. The reasons for transfer shall be given and it shall be shown that the new premises comply in all respects with the requirements of this chapter and the Illinois Revised Statutes, Chapter 43, as amended from time to time.
34. 11 SALES TO MINORS, DRUNKARDS, SPENDTHRIFTS. Licenses are subject to all prohibitions and penalties set forth in the Illinois Revised Statutes, Chapter 43, Section 131, as amended from time to time.
34.12 DISPLAY OF LICENSE. Every licensee shall cause his license to be framed and hung in plain view on a conspicuous place on the licensed premises.
34.13 UNOBSTRUCTED VIEW OF PREMISES. The provisions of the Illinois Revised Statutes, Chapter 43, Section 141, as amended from time to time, shall apply to premises upon which the sale of alcoholic liquor for consumption on the premises is licensed.
34.14 ACCESS TO DWELLING QUARTERS FROM LICENSED PREM ISES. There shall be no access from licensed premises to dwelling quarters except as permitted under the Illinois Revised Statutes, Chapter 43, Section 128, as amended from time to time.
34.15 SANITARY CONDITIONS. All premises used for the retail sale of alcoholic liquor, or of storage of such liquor for sale, shall be kept in full compliance with ordinances regulating the condition of premises used for the storage or sale of food for human consumption.
34.16 EMPLOYEES. No person shall employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with or who is a carrier of any contagious, infectious, or venereal diseases; and no person who is affected with or is a carrier of any such disease shall work in or about any premises or engage in any way in the handling, preparation, or distribution, of such liquor.
34.17 CLOSING HOURS; SUNDAYS; NEW YEARS. (a) Consumption. It shall be unlawful for any licensee to permit any person to consume any alcoholic beverage on Class C and E licensed premises at any time or on Glass A, B and D licensed premises except during the hours when the license permits the sale of alcoholic beverages on such premises.
(b) Hours. Class A, B, C, D and E Licenses: Monday through Saturday inclusive, from 6:00 a. m. to 1:00 a. m. the following day. Sunday from 12:00 noon to 11:59 p.m.
(c) New Years. Notwithstanding any prior provision contained herein-
before, on December 31, hours for all classes of license shall be from
6:00 a. m. to 2:00 a. m. New Years Day except when December 31 falls on a Sunday, such hours shall be from 12:00 noon to 2:00 a.m. New Years Day.
(d) Closing. It shall be unlawful to keep open for business or to admit the public to, or permit the public to remain within, or upon any premises in which alcoholic liquor is sold at retail except during the hours when the license permits the sale of alcoholic beverages on such premises; provided, however, that in the case of gas stations, grocery stores, convenience markets, restaurants, hotels, drug stores and charitable not-for-profit clubs, such establishments may be kept open for business during such hours as may be established by the proprietor thereof, but no alcoholic liquor may be sold to, or consumed by, the public in or on such premises except during the hours when the license permits the sale of alcoholic beverages on such premises. (am. 1/4/88)
34. 18 (Repealed 8/1/88)
34. 19 CREDIT SALES. No person shall sell or furnish alcoholic liquor at retail under terms contrary to the Illinois Revised Statutes, Chapter 43, Section 114, as amended from time to time.
34. 20 REFILLING ORIGINAL PACKAGES. No person except a manufacturer, distributor, or importing distributor shall fill or refill, in whole or in part, any original package for alcoholic liquor with the same or any other kind of quality of alcoholic liquor with any dilutent. It shall be unlawful for any person to have in his possession for sale or retail any bottles, casks, or other container containing alcoholic liquor except in the original package.
34.21 MINIMUM SIZE CONTAINER. No unmixed whiskey, unmixed rum, or unmixed gin shall be sold or offered for sale at retail for consumption on the premises except in a container having a minimum capacity of at least one fluid ounce and which contains at the time of sale at least one fluid ounce of the beverage being sold. No person licensed to sell alcoholic liquor at retail for consumption on the premises shall use in such sales or possess on the premises any glass or other container so constructed as to be deceptive in appearance or to mislead the consumer as to its true capacity.
34. 22 GIFTS. The Local Liquor Control Commissioner, his agent or agents, members of a committee appointed by him to assist in local control, members of the Board of Trustees and police officers are prohibited from soliciting or accepting any gift, gratuity, emolument, or employment from any licensee and every licensee or employee, agent, or officer of such licensee is prohibited from offering or making any such gift, gratuity, or emolument to any person prohibited from accepting any such gift, gratuity or emolument.
ORDINANCE NO. 2003-05
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.22, GIFTS
OF CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
PASSED: JUNE 2, 2003
APPROVED: JUNE 2, 2003
EFFECTIVE DATE: JUNE 2, 2003
PUBLISHED IN PAMPHLET FORM: JUNE 2, 2003
ORDINANCE NO. 2003-O5
AN ORDINANCE RESCINDING AND REPLACING SECTION 34.22. GIFTS OF CHAPTER 34, LIOUOR. OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS
WHEREAS, the President and the Board of Trustees of the ‘Village of Colfax have reviewed Section 34.22, Gifts, of Chapter 34, Liquor, of the Municipal Code of the ‘Village of Colfax and have considered the value of the restriction against members of the Board of Trustees being employed by a licensee of an establishment selling alcoholic liquor; and
WHEREAS, the President and the Board of Trustees of the Village of Colfax are aware of the fact that the Illinois Liquor Control Act does not have any such restriction against general of the Board of Trustees being employed by a licensee of an establishment selling alcoholic liquor and deem it unnecessary to so restrict the employment opportunities of general members of the Board of Trustees; and
WHEREAS, the President and the Board of Trustees of Trustees of the Village of Colfax find and hold the opinion that said restriction against members of the Board of Trustees should be removed from said Section 34.22 but that all other provisions should be
retained.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS:
SECTION 1. That Section 34.22, Gifts, of Chapter 34, Liquor, of the Municipal Code of the Village of Colfax is hereby rescinded in its entirety.
SECTION 2. That Chapter 34, Liquor, of the Municipal Code of the Village of Colfax, McLean County, Illinois is hereby amended to add the following:
"Section 34.22, Prohibitions regarding Gifts, Gratuities, or Employment, as follows:
"The Local Liquor Control Commissioner, his agent or agents, members of a committee appointed by him to assist in local liquor control, and police officers are prohibited from soliciting or accepting any gift, gratuity, or employment from any licensee and every licensee or employee, or officer of such licensee is prohibited from offering or making any such gift, gratuity, or emolument. Members of the Board of Trustees are also prohibited from soliciting or accepting any gift or gratuity of any kind from any licensee and every licensee or employee, or officer of such licensee is prohibited from offering or making any such gift or gratuity of any kind; however, Members of the Board of
Trustees, who are not members of a committee appointed by the Local Liquor Control Commissioner to assist in local liquor control, may be employed by a licensee of a liquor license but any such Member of the Board of Trustees so employed shall not vote on any matter involving any liquor licensee, liquor license, or applicant for a liquor license."
SECTION 3. That this Ordinance, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
AYES: Gary Milton; Laurence Baker; Barton Rigsby; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT:-0-
APPROVED:
signature on file
President, Board of Trustees
Village of Colfax, Illinois
ATTEST:
signature on file
Vilage Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 2nd day of June, 2003.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 2nd day of June, 2003.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois do hereby certlfy that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved and published on the 2nd day of June, 2003.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof; I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 2nd day of June, 2003.
signature on file
Clerk of the Village of the Village of Colfax, McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FROM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certfy that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certfy that on June 2, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. 2003-O5 , entitled "AN ORDINANCE RESCINDING S REPLACING SECTION 34.22, GIFTS OF CHAPTER 34, LIQUOR, OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2003-05 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the municipal building, connnenclng on June 2, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 2nd day of June, 2003.
signature on file
Municipal Clerk, Village of Colfax
Liquor 34. 23
34.23 REMOVAL FROM PREMISES. No person shall remove any alcoholic liquor in any container of any kind from a premises licensed solely to sell alcoholic liquor for consumption on the premises.
34.24 MINORS. No minor person shall represent that he is of age for the purpose of buying, accepting, or receiving alcoholic liquor from a licensee.
34.25 INTOXICATION. No person shall be in an intoxicated condition on any street, alley or public place of the village or in any private house or place to the disturbance of another.
34.26 PEDDLING LIQUOR. No person shall peddle alcoholic liquor in the village.
34.27 LOCAL LIQUOR CONTROL COMMISSIONER. (a) Regulations Administered. The President of the Board of Trustees shall be the Local Liquor Control Commissioner and shall be charged with the administration of the provisions of this chapter and of the appropriate provisions of the Liquor Control Act of the State of Illinois. The Local Commissioner may appoint a person or persons to assist him in the exercise of these powers and responsibilities. The Local Commissioner and his assistants shall receive no compensation for performing these duties but this provision shall not cause the commissioner or his assistants to be ineligible for compensation for other offices or positions they may occupy.
(b) Powers The Local Commissioner shall have the following powers, functions and duties:
1. To grant and revoke for cause all local licenses issued to persons for premises within the village. Cause shall specifically include but shall not be limited to, a licensee's failure to operate the licensed premises for a period of 60 consecutive days.
2. To enter or to authorize any law enforcing officer to enter at any time upon the premises licensed under this chapter to determine whether any of the provisions of this chapter or of the Liquor Control Act of the State of Illinois or any of the rules or regulations adopted by the State Commission have been or are being violated, and at such times to examine the premises of the licensee in connection therewith.
3. To receive complaint from any citizen of the village that any provision of this chapter or the Liquor Control Act has been or is being violated and to act upon such complaint in the manner provided by law.
4. To receive or cause to be received all local license fees and pay same forthwith to the Village Treasurer.
5. To examine or cause to be examined under oath any applicant for village license or for renewal thereof or any licensee upon whom notice of revocation has been served, all as provided in the Illinois Revised Statutes, Chapter 43, Paragraph 113, as amended from time to time.
(c) List of Licensees. The Local Commissioner shall keep or cause to be kept a complete record and file of particulars of all licenses issued by him.
34.28 COMPLAINT OF VIOLATIONS. Any five residents of the village shall have the right to file a complaint with the Local Commissioner stating that any retail licensee has been or is violating any provision of this chapter or of the Illinois Liquor Control Act. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provisions believed to have been violated and the facts in detail upon which the belief is based. If the Local Commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particulars charged in the complaint.
34.29 REVOCATION OF LICENSE. The Local Commissioner may revoke any local license issued by the village if he determines that the licensee has violated any provision of this chapter or of the Illinois Liquor Control Act. There shall be no refund of license fee. These penalties shall be in addition to any other penalties that may be assessed for conviction of violation. When any license shall have been revoked for cause, no license shall be granted to any person for the period of one year thereafter for the sale of alcoholic liquor on the premises described in the revoked license.
34.30 RESPONSIBILITY OF OWNERS OF PREMISES. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use the premises in violation of the terms of this chapter or of the applicable provisions of the Illinois Liquor Control Act, the owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as such licensee and shall be subject to the same penalties.
34. 31 ACTS OF AGENT OR EMPLOYEE. Every act or omission constituting a violation of any provision of this chapter or of the Illinois Liquor Control Act by any officer, director, manager. agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee and the employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him personally.
34. 32 PUBLIC DRINKING. No person shall consume alcoholic liquor in. upon, or at any sidewalk, street, alley, park, swimming pool, fire station, water treatment plant, parking lot, water tower, school, library, Village or Township Hall, or other public property belonging to this village or any other unit of local government, within the Village of Colfax, or permit any open bottle, container or utensil containing alcoholic liquor to be located in, upon, or at any such property. (added 7/5/77)
AN ORDINANCE AMENDING CHAPTER 34.32 OF THE COLFAX MUNICIPAL CODE
WHEREAS, it is believed that it is necessary to amend Chapter 34 of the Colax Municipal Code of the Village of Colfax, Mclean County, Illinois, passed, approved, and published January 5, 1976:
NOW THEREFORE, be it ordained by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois as follows:
THAT Chapter 34 of the Colftx Municipal Code of the Village of Colfax, McLean County, Illinois, passed, approved, and published January 5, 1976, be amended to add the following paragraph as follows:
as follows:
34.32 PUBLIC DRINKING. Paragraph 34.32 of the Colfax Municipal Code, enacted July 5, 1977, shall be amended Public sale and consumption of beer shall be allowed 8:00 p.m. - 12:00 a.m. of August 21, 1993, downtown Colfax, for the benefit of a public street dance. This amendment shall apply for the stated time period only and shall not extend to any other areas of the Village.
THIS ORDINANCE shall take effect ten (10) days after passage and publication in pamphlet form under the authority of the Board of Trustees of the Village of Colfax, McLean County, Iillinois, as provided by law.
PASSED and deposited and filed in the office of the Village Clerk this 7th day of June.
signature on file
Village Clerk
APPROVED this 7th day of June, 1993
signature on file
President
ATTEST:
signature on file
Village Clerk
VOTE:
YEAS: 4
NAYS: -0-
PUBLISHED in pamphlet form by authority of the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, this 7th day of June, 1993.
EFFECTIVE: June 7, 1993
STATE OF ILLINOIS )
) SS
COUNTY OF MC LEAN )
I, CONNIE NEAVEILL, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance amending Chapter 34, Section 32, on Public Drinking in the Colfax Municipal Code, constitutes a true and correct copy of said Ordinance, passed, approved, and published in pamphlet form on the 7th day of June, 1993.
I do further certify that said Ordinance has been placed in the permanent records of said Village where It now appears and remains in the Book of Minutes.
In Witness whereof. I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 7th day of June, 1993.
signature on file
CONNIE NEAVEILL, Clerk of the Village of Colfax,
McLean County, Illinois.
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