Chapter 4: Alcoholic Beverages

Sec. 4-1. Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section.

Alcoholic Liquor shall mean any spirits, wine, beer, ale, or other liquid containing more than one -half of
one per cent (1/2 of 1%) of alcohol by volume, which is fit for beverage purposes.

Club shall mean a corporation organized under the laws of this state, not for pecuniary profit, solely for
the promotion of some common object, other than the sale o r consumption of alcoholic liquors, kept, used and
maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or
space in a building, of such extent and character as may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests; provided that such club files with the
Village President at the time of its application for a license under this article, two (2) copies of a list of names
and residences of its members, and similarly files within ten (10) days of the election of any additional member
of his name and address, and that said list be submitted annually; and provided that its affairs and management
are conducted by a Board of directors, executive committee or similar body chosen by the members at their
annual meeting, and that no member or any officer, agent, or employee of the club is paid, or directly or
indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of
alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount
of such salary as may be fixed and voted at any annual meeting by the members or by its Board of directors or
other governing body out of the general revenue of the club.

Restaurant shall mean any public place kept, used, maintained, advertised and held out to the public as a
place where meals are served, and where meals are actually and regularly served, without sleeping
accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment
and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and
serve suitable food for its guests.

Retail Sale shall mean the sale for use of consumption, and not for resale.

State law reference - For similar provisions, see Ill. Rev. Stat., Ch. 43, 95.05, 95.18, 95.23, 95.24, 95.25.

Sec. 4-2. Public Drinking and Intoxication

No person shall in the Village drink any alcoholic beverage in any street or alley, or in any publicly owned
space (except for Nick Saelens Memorial Park), or in any or upon any vehicle commonly used for the
transportation of passengers, or in or upon any depot, platform or waiting room of any public carrier.

Sec. 4-3. - 4-17. Reserved

Sec. 4-18. - 4-27. Reserved

Sec. 4-28. Required; Sales in Violation of Terms of License

It shall be unlawful to sell or offer for sale at retail in the city any alcoholic liquor without having a retail
liquor dealer's license, or in violation of the terms of such license.

Sec. 4-29. Application; Contents

Application for a license required by this division shall be made to the Village President in writing and
shall be signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation.
The application shall be verified by oath or affidavit, and shall contain information sufficient to affirmatively
show that the applicant is not disqualified under the provisions of section 4-30.

State law reference - Application for state license, Ill. Rev. Stat., Ch. 43, 145.

Sec. 4-30. Persons not Entitled to License

No license required by this article shall be issued to:

A. A person who is not of good character and reputation in the community in which he or she resides.

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

C. A person who has been convicted of a felony under the laws of the state.

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

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

F. A person whose license issued under this article has been revoked for cause.

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

H. A partnership, unless all of the members of the partnership shall be qualified to obtain a license.

I. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning
in the aggregate more than five per cent (5%) of the stock of such corporation, would not be eligible to
receive a license hereunder for any reason other than citizenship.

J. A person whose place of business is conducted by a manager or agent unless the manager or agent
possesses the same qualifications required by the licensee.

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

L. A person who does not own the premises for which a license is sought, or does not have a lease
thereon for the full period for which the license is to be issued.

M. Any law enforcement public official, the Village President, or any member of the Board of trustees;
and no such official shall be interested in any way, either directly or indirectly, in the distribution of
alcoholic liquor.

N. Any person, association, or corporation not eligible for a state retail liquor dealer's license.

State law reference - Persons ineligible for state license, Ill. Rev. Stat., Ch. 43, 120.

Sec. 4-31. Classification of Licenses; Scope; Fees

Retail licenses for the sale of alcoholic liquor shall be divided into the following classes for which the
following fees shall be paid:

A. Class A license shall authorize the retail sale on the premises specified of alcoholic liquor for
consumption on the premises as well as other retail sales of such liquor. The annual fee for such
license shall be TWELVE HUNDRED DOLLARS ($1200.00). (Ord. 2008-1; 1/14/08) (Ord. 1998-
6; 7/27/1998)

The hours or operation permitted to the holder of a Class A license are the following:
Monday through Saturday inclusive from the hours of 8:00 A.M. until 1:00 A.M. on the following
day and the bar must be closed at 1:00 A.M. and the bar cleared by 1: 30 A.M.; on Sunday from the
hours of 10:00 A.M. until 11:00 P.M and the bar must be closed at 11:00 P.M., and the bar cleared by
11:30 P.M. (Ord. 2008-1; 01-14-2008) (Ord. 2015-11; 09/14/2015) (Ord. 2017-5; 4/24/2017)

B. Class B licenses shall authorize the retail sale of alcoholic liquor, but not for consumption on the
premises where sold. The annual fee for such license shall be Twelve Hundred Fifty Dollars
($1,250.00).
The hours of operation permitted to the holder of a Class B license are the following:
Monday through Sunday inclusive during the license holder's business hours provided, however,
that the license holder may only sell alcoholic liquor, but not for the consumption on the premises
where sold, on Sundays so long as any other grocery, food or related business located in the same
building or in an adjoining building having an opening or doorway through which customers are at
any time allowed to pass between the license premises and the said adjoining business is also open
for business. (Ord. No 1997-7; 3/10/97)

C. Class C licenses shall authorize the retail sale of alcoholic liquor in clubs for consumption on the
premises of the club. The annual fee for such license shall be fifty dollars ($50.00).

D. (RESERVED) (Ord No. 2025-5; 3/24/25)

E. Class R licenses shall authorize the retail sale on the premises specified of alcoholic liquor for
consumption on or off of the premises by restaurants as defined in this chapter and further provided
that at least fifty -one (51) percent of gross receipts realized by any such restaurant shall be from
revenue sources other than the sale of alcoholic beverages. The annual fee for such license shall be
ONE THOUSAND DOLLARS ($1,000.00). It shall be the duty of any holder of a Class R license to
submit to the Village President a statement reflecting the gross revenue in dollars and percentages
collected by the licensee for non -alcoholic beverages and food and the gross revenue in dollars and
percentages collected by the licensee for alcoholic beverages. A certified public accountant or public
accountant shall prepare the statement and indicate the scope of his examination, if any, and the
degree of responsibility he is taking for the statement. The statement shall be submitted semi-annually
on or before April 1, which shall cover the six months ending the last day of February, and October 1,
which shall cover the six months ending the last day of August. If the Village President wishes to
challenge the statement so provided, he may require the licensee to submit whatever additional proof
is necessary to support the statements.

The hours of operation permitted to the holder of a Class R license are the following: Monday
through Thursday inclusive, alcoholic beverages may be reserved in conjunction with the operation
of the restaurant from the hours of 10:00 A.M. until 11:00 P.M. and the bar must be closed by 11:00
P.M. The bar must be cleared by 11:30 P.M. On Friday and Saturday alcoholic beverages may be
served in conjunction with the operation of the restaurant from the hours of 10:00 A.M. until 1:00
A.M. on the following day and the bar must be closed by 1:00 A.M. The bar must be cleared by 1:30
A.M. No sales of alcoholic liquor on Sunday are permitted by this Class R license classification past
the hour of 1:00 A.M.

F. Class S licenses shall authorize the retail sale on the premises specified of alcoholic liquor for
consumption on or off the premises by restaurants as defined in this Chapter and further provided that
at least fifty-one (51) percent of gross receipts realized by any such restaurant shall be from revenue
sources other than the sale of alcoholic beverages. The annual fee for such license shall be TWELVE
HUNDRED DOLLARS ($1,200.00). It shall be the duty of any holder of a Class S license to submit
to the Village President a statement reflecting the gross revenue in dollars and percentages collected
by the licensee for non-alcoholic beverages and food and the gross revenue in dollars and percentages
collected by the licensee for alcoholic beverages. A certified public accountant or public accountant

shall prepare the statement and indicate the scope of his examination, if any, and the degree of
responsibility he is taking for the statement. The statement shall be submitted semi -annually on or
before April 1, which shall cover the six months ending the last day of February, and October 1, which
shall cover the six months ending the last day of August. If the Village President wishes to challenge
the statement so provided, he may require the licensee to submit whatever additional proof is
necessary to support the statements. (Ord. 1998-6; 7/27/1998)

The hours of operation permitted to the holder of a Class S license are the following: Monday
through Saturday inclusive, alcoholic beverages may be served in conjunction with the operation of
the restaurant from the hours of 8:00 A.M. until 1:00 A.M. and the bar must be closed at 1:00 A.M.
and the bar cleared by 1:30 A.M.; on Sunday alcoholic beverages may be served in conjunction with
the operation of the restaurant from the hours of 10:00 A.M. to 11:00 P.M. and the bar must be
closed at 11:00 P.M. and the bar cleared by 1 1:30 P.M. (Ord. 1998-6; 07-27-1998) (Ord. 2017-5;
04-24-2017) (Ord. 2017-17; 12-26-17)

State law reference - Classification of state licenses, Ill. Rev. Stat., Ch. 43, 115.

Sec. 4-32. Term of License

Each license issued pursuant to this division shall terminate on the last day of April next following its
issuance.

Sec. 4-33. Pro-ration of Fee

The fee to be paid for a license required by this division shall be reduced in proportion to the full calendar
months which have expired in the year prior to the issuance of the license.

Sec. 4-34. Number of Licenses

There shall be issued in the Village not more than four (4) Class A licenses, three (3) Class B licenses, two
(2) Class C licenses, and one (1) Class R License and two (2) Class S license s, to be in effect at any time.
(Ord. 2010 -12, 10/25/10) (Ord. No 2012-10; 11-26-12) (Ord. No. 2018 -15; 9 -10-18) (Ord No. 2025 -5;
3/24/25)

State law reference - Authority of Village to limit number of licenses, Ill. Rev. Stat., Ch. 43 110.

Sec. 4-35. Disposition of Fees

All such fees shall be paid at the time application for a license required by this division is made, and shall
be forthwith turned over to the Village treasurer for deposit in the general corporate fund or such other fund as
shall have been designated by the Board of Trustees by proper action. In the event the license applied for is
denied, the fee shall be returned to the applicant. There shall be no refund of fees or any part thereof for once a
license application has been granted.

Sec. 4-36. Renewal; not to be construed as Vested Right

Any person may renew a license issued pursuant to this division at the time of or prior to its expiration, but
no sooner than sixty (60) days prior to its expiration, shall, at the time the renewal application is filed, file a list
of all persons employed by the applicant who are required to be licensed pursuant to section 4 -45 of this
chapter. Each person on the list will be subject to a full background check prior to considering approval of the
renewal application.

Sec. 4-37. Personal Nature of License; Transferability

A license to sell alcoholic liquor shall be purely a personal privilege, good for not to exceed one (1) year
after issuance unless sooner revoked and shall not constitute property, nor shall it be subject to attachment,
garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to
being encumbered or hypothecated. Such license shall not descend by the laws of testate or inte state
devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the
estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists
in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order
of the appropriate court during the pendency of any such estate proceeding, until the expiration of such license,
but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee.

Sec. 4-38. Change of Location

A retail liquor dealer's license shall permit the sale of alcoholic liquor only in the premises described
in the application and license. Such location may be changed only upon the written permit to make such
change issued by the Village President. No change of location shall be permitted unless the proposed new
location is a proper one for the retail sale of alcoholic liquor under the laws of this state, this division and other
ordinances of the Village.

Sec. 4-39. Replaced with Sec. 4-40

Sec. 4-40. Suspension and Revocation; Fine

The Village President may revoke or suspend any license issued pursuant to any of the provisions of this
Chapter if he determines that the licensee has violated any of the provisions of this chapter or of any valid
ordinance or resolution enacted by the Board of trustees of the Village of Durand or any applicable rule or
regulation which is not inconsistent with law or any provisions of the state law established by the Village
President or the State commission relating to liquor control or for the making of any false statement in
obtaining a license pursuant to any of the provisions of this chapter and all fees paid thereon shall be forfeited.
In lieu of suspension or revocation, the Village President may instead levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1,000.00 for each violation; each day on which a violation
continues shall constitute a separate violation. Not more than $10,000.00 in fines under this Section may be
imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the
general fund.

However, no such license shall be so revoked or suspended and no licensee shall be fined except after a
public hearing by the Village President with a 3-day written notice to the licensee affording the licensee an
opportunity to appear and defend. All such hearings shall be open to the public and the Village President shall
reduce all evidence to writing and shall maintain an official record of the proceedings. If the Village President

has reason to believe that any continued operation of a particular licensed premises will immediately threaten
the welfare of the community he may, upon the issuance of a written order stating the reason for such
conclusion and without notice or hearing order the licensed premises closed for not more than 7 days, giving
the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in
the conduct of another business or businesses on the licensed premises such order shall not be applicable to
such other business or businesses.

The Village President shall within 5 days after such hearing, if he determines after such hearing that the
license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such
determination in a written order, and either the amount of the fine, the period of suspension, or that the license
has been revoked, and shall serve a copy of such order within the 5 days upon the licensee.

Sec. 4-41. Appeals from Orders of Village President

An appeal from any order of the Village President to the State of Illinois Liquor Control Commission shall
be limited to a review of the official record of the proceedings of the Village President.

Sec. 4-42. Adoption of State Law

All provisions of the Statutes of the State of Illinois, 235 ILCS 5/1-1 et.seq., shall be hereby made a part of
this Chapter insofar as the provisions of such law pertain to the Village of Durand, Illinois.

Sec. 4-43. Employees- BASSET Training- Requirement as Part of Liquor License

A. Effective November 15, 2021, all original or renewal applications for all classes of Village of Durand
liquor licenses shall be accompanied with proof of completion of a state -ce11ified Beverage Alcohol
Sellers and Severs Education and Training (BASSET) program for all persons who sell or serve
alcoholic beverages, all management personnel working on a premises licensed for alcohol sales, and
anyone whose job description entails the checking of identification for the purchases of alcoholic
beverages, pursuant to that license.

B. Any new owner, manager, employee, or agent who is required to have BASSET training shall, within
90 days from the beginning of their employment with that licensee, complete a BASSET approved
seller/servicer training program and shall, until completion of the BASSET program, work under the
supervision of a person who has completed BASSET training.

C. It shall be the responsibility of a licensee of a Village of Durand license to provide for the BASSET
training of those employees who are required to obtain such training, and the licensee shall bear all
responsibility and costs for providing the completion of such training.

D. A photocopy of certificate of completion for all owners, managers, employees, or agents required by
this section to have BASSET training shall be maintained, for the licensee, in a manner that will allow
inspection, upon demand, by any designee of both the state or local liquor control authorities. A copy
of the certificate of completion shall additionally be filed with the Liquor Commissioner, or his or her
administrative designee.

E. Failure to provide a certificate of completion for all owners, managers, employees, or agents, shall
result in the penalty and/or revocation provisions outlined in Section 4-40 of this chapter.

Sec. 4-44. Reserved

Sec. 4-45. Required

It shall be unlawful for any person, other than an individual who is a holder of a Class A or Class B or
Class C or Class D or Class R or Class S license, to sell, serve or dispense alcoholic liquor in any licensed
premises without first obtaining a license therefore, provided however, that a representative, agent or employee
of a Class D, Class R or Class S license holder is not required to be so licensed to deliver alcoholic liquor for
consumption on the premises in conjunction with the operation of the restaurant provided that license holder, if
license holder is an individual, or at least one representative or employee of license holder who is licensed as
herein required, or said license is excused as herein below provided, is present on the licensed premises, and
dispenses the alcoholic liquor so delivered by any such representative, agent or employee and also provided
that a representative, agent or employee of a Class B license holder is not required to be so licensed to bag or
otherwise put alcoholic liquor into boxes o r other containers for transport or to transport same on the licensed
premises for delivery on another portion of the said licensed premises and provided further, it is permissible
for a licensee to employ a person to sell, serve or dispense alcoholic liquor on licensed premises for a total
period of twelve (12) days within any calendar year without licensing said employee, if said employee is in full
compliance with all of the requirements of Section 4-46 of this Chapter. (Ord. No 1996-12; 8/96)

Sec. 4-46. Ineligible Persons

No license shall be issued pursuant to this division if the applicant:

A. Is afflicted with, or is a carrier of any contagious, infectious or venereal disease;

B. Has been convicted of a felony, breach of the peace, violation of any drug or alcohol related statute or
two (2) or more convictions for disorderly conduct within three (3) year period immediately preceding
the filing of the application for license required by this division. (Ord. No. 1994-1; 5/9/94)

C. A person who is not of good character and reputation in the community in which he resides.

D. Is under the age of twenty-one (21) years.

Sec. 4-47. Health Certificate Required

No license shall be issued pursuant to this division, until the applicant has furnished a certificate of good
health from a licensed physician.

Sec. 4-48. Application

Application for a license required by this division shall be made in writing to the Village President.

Sec. 4-49. Fee

The fee for each license required by this division shall be ten dollars ($10.00). (Ord.1994-1; 5/9/94)

Sec. 4-50. Term

Is hereby amended by deleting said section in its entirety.

Sec. 4-51. Reserved

Sec. 4-52. Employing Unlicensed Persons Prohibited

It shall be unlawful for any person to employ or permit, in any premises used for the retail sale of alcoholic
liquor, any person to sell, serve or dispense alcoholic liquor who is not licensed under this division other than
exceptions provided for in Section 4-45 of this Chapter.

Sec. 4-53. - 4-62. Reserved

Sec. 4-63. Sale for Consumption on Premises Prohibited without Class "A" or "C" or "D" or "R" or

"S".

It shall be unlawful for anyone not having a Class A or Class C or Class D or Class R or Class S license to
sell or offer for sale any alcoholic liquor for consumption on the premises where sold, or to permit the same to
be consumed on the premises where sold.

Sec. 4-64. Closing Hours; Vacancy of Premises

A. Except as herein otherwise provided to the contrary, it shall be unlawful to sell or offer for sale at retail
any alcoholic liquor in the Village on any Sunday past the hour of 1:00 A.M. or on any other day between the
hours of 1:00 A.M. and 6:00 A.M. except that a holder of a Class C or a Class D or a Class R license is
permitted to sell alcoholic liquor on the licensed premises in the manner otherwise authorized for the holder of
any one of the said licenses, on the one Sunday of each year known as "Superbowl Sunday" which is the
Sunday of each year during which the football game is played, from one (1) hour before the start of the football
game until one-half (1/2) hour after the said game has ended and the bar cleared by one (1) hour after the said
game has ended. (Ord. 1998-6; 07/27/98)

B. Except as herein otherwise provided to the contrary, it shall be unlawful to keep open for business or to
admit the public to any premises in which alcoholic liquor is sold at retail during the hours within which the
sale of such liquor is prohibited and all such premises shall be vacated of all patrons no later than one -half
(1/2) hour after closing hours; provided that in the case of restaurants, clubs and hotels such establishments
may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by the public during
such hours.

Sec. 4-65. Sale to Intoxicated Persons

It shall be unlawful for any h older of a retail liquor license to sell, deliver, or give any alcoholic beverage
to any intoxicated person.

State law reference--For similar provisions, see Ill. Rev. Stat., Ch. 43, 131.

Sec. 4-66. Sanitation

All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall
be kept in full compliance with the provisions of this Code and other ordinances of the Village regulating the
condition of premises used for the storage or sale of food for human consumption, and all state and local public
health regulations pertaining thereto.

Sec. 4-67. Visibility of Interior of Premises

In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed, other
than as a restaurant, hotel or club, no screen, blind, curtain, partition, article or thing shall be permitted in the
windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear
view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth,
screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about
the interior of such premises which shall prevent a full view of such premises from the street, road or sidewalk.
All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during
business hours by natural light or artificial white light so that all parts of the interior of the premises shall be
clearly visible. In case the view into any such licensed premises required by the foregoing provisions, shall be
willfully obscured by the licensee or by him filing with him of plans, drawings and photographs showing the
clearance of the view as above required.

State law reference - For similar provisions, see Ill. Rev. Stat., Ch. 43, 141.

Sec. 4-68. -4-77. Reserved

Sec. 4-78. Presence of Minors on Premises Prohibited; Exceptions

It shall be unlawful for any holder of a retail liquor dealer's license, or his agent or employee, to suffer or
permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room
or place where such licensed premises is located. This section shall not apply to any minor who is
accompanied by his parent or guardian, or to any licensed premises which derives its principal business from
the sale or service of other commodities than alcoholic liquor.

Sec. 4-79. Sales to Minors

No licensee, officer, associate, member, representative, agent or employee of any licensee, except as
provided in

Sec. 4-80. allowing eighteen (18) year olds, nineteen (19) year olds, and twenty (20) year olds who

are representatives, agents or employees of a Class R or Class S license holder to deliver alcoholic liquor as
therein provided, shall sell, give, or deliver alcoholic liquor to any person under the age of twenty -one (21)

years, and no person under the age of twenty -one (21) years, and no person after purchasing or otherwise
obtaining alcoholic liquor shall sell, give, or deliver such alcoholic liquor to another person under the age of
twenty-one (21) years.

Sec. 4-80. Purchases and Possession by Minors

It shall be unlawful for any person under the age of twenty -one (21) years to purchase, sell, accept,
receive, transport, or have in his possession, any alcoholic liquor except that:

A. Representatives, agents or employees of a Class R or Class S license holder who are eighteen (18)
years old, nineteen (19) years old or twenty (20) years old may, in conjunction with the operation of
the restaurant, deliver alcoholic liquor for consumption on the premises provided that license holder, if
license holder is an individual, or at least one representative or employee of license holder who is
licensed as required by, or licensed excused as provided by, Section 4-45 of this Chapter, is present on
the licensed premises, and dispenses the alcoholic liquor delivered by any of the said representatives,
agents or employees who are eighteen (18) years old, nineteen (19) years old or twenty (20) years old;

B. Representatives, agents, or employees of a Class B license holder who are eighteen (18) years old,
nineteen (19) years old or twenty (20) years old may sell, ring up, and charge alcoholic liquor at retail
in conjunction with the operation of the establishment; and

C. Representatives, agents, or employees of a Class B license holder who are under the age of twenty-one
(21) years may, after the sale of alcoholic liquor has been run up or charged to a purchaser of same,
bag or otherwise put the alcoholic liquor into boxes or other container for transport and May
transpo11 same on the licensed premises for delivery on another portion of the same premises.
(Ord. 2021-16; 10/25/21)

Sec. 4-81. Misrepresenting Age

No person shall transfer, alter, or deface an identification card, nor use the identification card of another,
or carry or use a false or forged identification card, or obtain an identification card by means of false
information, or in any way misrepresent his age for the purpose of purchasing or procuring alcoholic liquor
within the Village.

Sec. 4-82. Printed Card to be Posted on Premises

In every tavern or other place in the Village where alcoholic liquor is sold there shall be displayed at all
times in a prominent place a printed card which shall be supplied by the Village Clerk and which shall read
substantially as follows:

WARNING TO PERSONS UNDER
TWENTY-ONE (21) YEARS OF AGE

You are subject to a fine up to $750.00 under the ordinances of the Village of Durand if you purchase
alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.

Sec. 4-83. Unlawful for Parent or Guardian to Permit Violations

It shall be unlawful for any parent or guardian to permit any minor child of which he or she may be the
parent or guardian to violate any provision of this article.

Sec. 4-84. Is Hereby Amended by Deleting Said Section in its Entirety

1Cross reference - Licenses generally, 10-1 et seq.
2Cross reference - Licenses generally, 10-1 et seq.

3State law reference - Sale to minors, Ill. Rev. Stat., Ch. 43, 138; purchase by minors, Ch. 43, 134(a).

Sec. 4-85. - 4-90 Reserved

Sec. 4-91. Curb Service or Outdoor Sales Prohibited - Exceptions

A. No curb service and no outdoor entertainment after midnight or outdoor sale of alcoholic liquor shall
be carried on in connection with premises for which a license has been granted for the sale of
alcoholic liquor for consumption on the premises, either upon the public street or private property
contiguous to such premises so licensed, except as herein specifically permitted for holders of Class
A, C, D, R or S liquor licenses.

B. Holders of Class A, C, D, R or S liquor licenses may conduct outdoor sales of alcoholic liquor for
consumption on the premises provided that said outdoor sales are conducted in an area contiguous to
the licensee’s building and provided that each of the following requirements are met:

a. The area in which such sales are conducted must be accessible from the said licensee ’s
building wherein sales of alcoholic liquor are otherwise conducted by the licensee.

b. The outdoor area shall be enclosed by:

i. A solid barrier passage preclusive fence measuring at least eight (8) feet in height
when measured from floor or surface of such area, or

ii. In the event said area is elevated above the grade of an adjoining public right-of-way,
street or sidewalk, a solid barrier passage preclusive fence whose height, when
added to the height of said elevation equals eight (8) feet, provided that in no event
may such fence be less than six (6) feet in height when measured from the floor or
surface of such area.

C. The entrances and exits to the gated part of the said fence to and from the said outdoor sales area must
be equipped with an audible alarm that is activated when the said gate is opened and the said outside
sales area is equipped with video tape surveillance cameras sufficient to cover the entire sales area that

are monitored by a person or persons over the age of twenty -one (21) years or, in the alternative, each
such entrance and exit to the gated part of the said fence to and from the said outdoor sales area must
be equipped with an audible alarm that is activated when the said gate is opened and is monitored by
at least one person over the age of twenty -one (21) years of age and who is present at each such gate.
These gated parts of the fence may only be used when the outdoor sales area is not in use or in an
actual emergency when the outside sales area is in use. Video tapes must be retained for at least thirty
(30) days following each outdoor sales event.

D. The square foot area of the outdoor sales area shall not be greater than fifty percent (50%) of the
square foot area of the contiguous interior sales area of the said building or may not exceed twelve
hundred (1,200) square feet, whichever is smaller.

Sec. 4-92. Permit required

A. Any permitted licensee must first obtain a beer garden permit before conducting outdoor sales of
alcoholic liquor.

B. Beer garden permits shall cost One Hundred and no/100 ($100.00) Dollars each and shall be valid for
a period of one (1) year and shall be non-prorated and non-refundable. (Ord. 2006-3; 7/10/06)