§ 4-60-130

Hours of operation

a.

(1) Except as provided in paragraph (a) (2) of this subsection, no person licensed hereunder as a retailer of alcoholic liquor shall sell, permit to be sold, or give away any alcoholic liquor between the hours of 2:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 3:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays.

2.

A consumption on the premises – incidental activity licensee, who also has a retail food establishment license for the same premises, shall not sell, permit to be sold, or give away any liquor between the hours of 2:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 3:00 a.m. and 10:00 a.m. on Sundays at the licensed premises;  provided that there shall be no sale of package goods in the licensed premises between the hours of 10:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays.  A consumption on the premises – incidental activity licensee, who also has an indoor special event license issued under Chapter 4-156 shall not sell or permit to be sold any liquor after 12:00 midnight and before 12:00 noon, or at any time other than during the special event.  The holder of an airport pushcart liquor license or a consumption on the premises license for an establishment located within “authorized areas” of “O’Hare” or “Midway”, as those terms are defined in Section 4-60-077, may sell or permit to be sold alcoholic liquor at any time within such authorized areas, subject to such time restrictions as the commissioner of aviation may set by rule.

3.

Prior to any existing licensee’s commencing early Sunday liquor sales pursuant to subparagraph (a)(1) or (a)(2), the licensee shall submit to the commissioner, along with a review fee of $250, a detailed floor plan and site plan of the licensed premises which clearly delineates the square footage of the retail floor area and the square footage of the floor area devoted to the retail sales of liquor.  If after review of the such floor and site plan, the commissioner determines that the licensee meets the criteria established in subparagraph (4)(B), the commissioner shall issue a revised liquor license, which on its face indicates that the licensee may commence early Sunday liquor sales.

4.

For purposes of this subsection (a), the following definitions apply:

A.

Early Sunday liquor sales” means the sale of package goods between the hours of 8:00 a.m. and 11:00 a.m. on Sundays pursuant to subparagraph (a)(1) or (a)(2) of this section.

B.

Supermarket” means a store:

i.

with an interior floor area of the licensed premises of not less than 10,000 square feet devoted to retail sales;

ii.

that holds a valid package goods license;

iii.

that sells, at retail, a variety of food and household products, including fresh, prepared, frozen and canned foods, dairy products, vegetables, fruits, meat, and poultry; and

iv.

in which the display space for alcoholic liquor does not exceed 25 percent of the floor area devoted to retail sales.

b.

The operator of a theater presenting live stage performances licensed to sell alcoholic liquor for consumption on the premises as an incidental activity may serve alcoholic liquor during a period limited to one hour prior to the start of the performance and during intermission provided that sales are restricted to lobby areas; provided, however, that the operator of a theater located on Navy Pier may also serve alcoholic liquor for up to one hour after conclusion of the performance.

c.

(1) Except as provided in paragraph (c)(2), no person licensed to operate an outdoor patio shall sell, serve or allow the sale or service of alcoholic liquor for consumption in the outdoor, privately owned portion of the licensed premises on Saturdays and Sundays between 12:01 A.M.  and the legally established hour of opening, or on Sundays through Thursdays between the hours of 11:00 P.M. and the legally established hour of opening on the following day.

2.

No person licensed to operate an outdoor patio located in the central business district, as that term is defined in Section 9-4-010, shall sell, serve or allow the sale or service of alcoholic liquor for consumption in the outdoor, privately owned portion of the licensed premises between 12:01 A.M. and the legally established hour of opening.  The provisions of this paragraph (c)(2) shall expire on December 1, 2015 and the hours of operations for an outdoor patio located in the central business district shall then be as set forth in paragraph (c)(1).

d.

During the prohibited hours of sale, every location, place or premises where alcoholic liquor may be sold at retail shall be kept closed, and no person other than the licensee or an employee or a member of the immediate family of the licensee shall be permitted to remain therein. All doors directly opening into or out of the location, place or premises shall be securely locked during the prohibited hours of sale. The provisions of this section relating to the closing of the premises and the locking of the doors shall not apply to restaurants and hotels licensed as food dispensers nor to clubs, drug stores and delicatessen stores.

e.

All persons licensed under this chapter shall have the privilege, upon application and the payment of an additional fee of the amount specified in Section 4-5-010, of remaining open and selling alcoholic liquor on Sundays until 5:00 a.m. and on Mondays through Saturdays until 4:00 a.m.; provided, however, that, if 50 or more legal voters reside within a distance of 500 feet from the licensed premises, the applicant shall first notify all legal voters registered within such area by certified mail, return receipt requested, stating that application is being made for a late- hour license and stating the name of the applicant and the location of the licensed premises for which the late-hour license is sought. The applicant shall sign an affidavit verifying that all legal voters registered within such area have been notified by certified mail. The applicant shall cause to be posted at the location of the premises for which the late-hour license is sought, in a place clearly visible from the public way, notice in the form prescribed by the commissioner of business affairs and consumer protection, stating that application is being made for a late-hour license and listing the name of the applicant.  Within 60 days before the filing of an application for a late-hour license the applicant shall obtain and file with the department of business affairs and consumer protection the written consent of a majority of the legal voters registered within the affected area.  Such measurement shall be made from the boundaries of the premises as described in the application for which the late-hour license is sought, to a radius of 500 feet away.  No late-hour license shall be issued for any outdoor location licensed as an outdoor patio.

f.

(1) Every application for a late-hour privilege must be accompanied by an exterior safety plan meeting the requirements of this subsection (f).  In addition, any person who has obtained a late-hour privilege prior to the effective date of this amendatory ordinance must submit to the department of business affairs and consumer protection an exterior safety plan meeting the requirements of this subsection (f) no later than January 1, 2008.

2.

The exterior safety plan must prevent the following conditions:

A.

excessive noise caused by patrons leaving or entering the premises;

B.

loitering or littering by such patrons;

C.

fighting or other criminal activity by such patrons; and

D.

the congregation of departing patrons in such numbers so as to unreasonably impede traffic flow.

3.

The plan shall provide evidence satisfactory to the commissioner of business affairs and consumer protection of: (i) the installation of adequate exterior lighting in accordance with rules prescribed by the commissioner; (ii) the installation and maintenance of surveillance cameras installed at each building exit utilized by the general public, employed and lighted in such a manner to identify persons entering or exiting the building between the hours of 1:00 A.M. and 6:00 A.M.; and (iii) the employment of adequately trained security personnel in accordance with rules prescribed by the commissioner.  Recordings from the surveillance camera required by clause (ii) shall be maintained for not less than 30 days and shall be made available to members of the Department of Police.  The failure to submit an adequate exterior safety plan as required by this subsection (f) shall be grounds to deny an application for a late-hour privilege or renewal thereof.  The failure to adequately implement or maintain an adequate exterior safety plan under this subsection (f) shall be grounds for suspension or revocation of the late-hour privilege under subsection (i), or for suspension or revocation of the license for the premises.  The existence of the conditions specified in paragraph (2) of this subsection (f) shall be prima facie proof that the plan has not been adequately implemented and maintained.  The failure to adequately implement and maintain a plan under this subsection (f) shall be grounds for the City to recover its costs resulting from such failure under Chapter 1-20 of this Code.  A decision not to grant or renew a late-hour privilege, or to revoke or suspend such a privilege, for the failure to comply with this subsection (f) shall not be stayed pending an appeal to the License Appeal Commission under the Liquor Control Act.  Notwithstanding any other ordinance to the contrary, the City shall not impose a fee for any surveillance camera or associated equipment, such as wiring or lighting, installed pursuant to this paragraph (3), regardless of whether the camera or its associated equipment is in any portion of the public way.

g.

It shall be the further duty of the department of business affairs and consumer protection to cause a written notice to be issued to the alderman of the ward wherein the licensed premises are located indicating that an application for a late-hour license has been received.  The notice shall be issued within five days of receipt of the application by the department of business affairs and consumer protection.

h.

A majority of the legal voters residing within 500 feet of the licensed premises may file a petition with the commissioner of business affairs and consumer protection, requesting the commissioner to suspend or revoke a late-hour privilege.  Within ten days after the petition signatures have been validated, the commissioner of business affairs and consumer protection shall set a hearing date and shall send notice of the hearing to the licensee at the address of the licensed premises and to the alderman of the ward in which the licensed premises are located.  Notice shall be sent by certified mail, return receipt requested.  The commissioner of business affairs and consumer protection shall cause to be published, in a daily newspaper of general circulation in the city, a notice stating that a public hearing has been scheduled regarding the late-hour privilege of the licensee setting forth the name, street number and location of the premises covered by such license and the date, time and location of the hearing.  The hearing shall be commenced no later than 30 days after validated petitions have been received by the commissioner of business affairs and consumer protection, and shall be conducted in the same manner as other hearings on the revocation or suspension of licenses issued pursuant to this chapter.

i.

Upon a finding there is due and just cause to discontinue the late-hour privilege granted pursuant to this section, the commissioner of business affairs and consumer protection may either revoke the privilege permanently or suspend the privilege for a period of not more than 30 days.

j.

Notwithstanding any other provision of this chapter, no liquor licensee on Navy Pier, regardless of category, shall be eligible for a late-hour privilege.

k.

The late-hour privilege granted under this section shall be limited to the location of the licensed premises at the time the privilege is granted. In the event that a licensee changes the location of his licensed premises pursuant to Section 4-60-110 and desires to operate during the additional hours described in subsection (e) of this section, the licensee must first obtain a new late-hour privilege for the new location.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-17-95, p. 1241; Amend Coun. J. 6-14-95, p. 3087; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 4-16-97, p. 42580; Amend Coun. J. 7-2-97, p. 48044; Amend Coun. J. 9-29-99, p. 12256, § 1; Amend Coun. J. 6-4-03, p. 2443, § 11; Amend Coun. J. 6-23-04, p. 27386, § 1; Amend Coun. J. 9-29-04, p. 32144, § 1; Amend Coun. J. 12-1-04, p. 36203, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 10-6-05, p. 58166, § 5; Amend Coun. J. 11-1-06, p. 90028, § 1; Amend Coun. J. 10-31-07, p. 11492, § 1; Amend Coun.  J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 7-28-10, p. 97923, § 3; Amend Coun. J.  7-6-11, p. 3021, § 1; Amend Coun. J. 4-18-12, p. 23759, § 1; Amend Coun. J. 5-9-12, p. 27485, § 27; Amend Coun. J. 2-13-13, p. 46814, § 1; Amend Coun. J. 3-5-14, p. 75847, § 1; Amend Coun. J. 4-30-14, p. 79760, § 1; Amend Coun. J. 6-17-15, p. 1335, § 1)

Editor’s note – Coun. J. 9-29-99, p. 12256, § 2, provides: “Notwithstanding any provision of the Municipal Code of Chicago to the contrary, the provisions of subsection 4-60-040(h) shall not apply to an application for a consumption on premises – incidental activity license for premises used as a theater located on Navy Pier if the application is filed (1) no later than October 1, 1999; and (2) with the written consent of the chief executive officer of the Metropolitan Pier and Exposition Authority.”

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