SECTION 13.
No person holding a retail dealer’s permit and no servant, agent or employee of the permitee, shall sell or serve any beverage of a low alcoholic content or of a high alcoholic content or any malt beverage as defined herein between the hours of Midnight and 6:00 o’clock A.M. and/or between the days of Saturday at Midnight and Monday at 6:00 o’clock A.M.
Sec. 3-6. Location restrictions.
(a) No permit shall be issued pursuant to this ordinance in contravention of any village ordinances adopted pursuant to the zoning laws of the state.
(b) No permit shall be issued pursuant to this ordinance for any premises situated within 300 feet or less distance of a building occupied exclusively as a church or synagogue, public library, public playground, or school. This distance shall be measured as a person walks using the sidewalk, street, or road from the nearest point of the church or synagogue, public library, public playground, or school, to the nearest point of the premises to be licensed as described in the application.
(c) The restrictions contained in this section do not apply to premises which are maintained as a bona fide hotel, railroad car, or fraternal organizations.
Sec. 5-1. Hours of operation.
It shall be unlawful for any retail dealer or wholesale dealer to open for business or admit or permit any member of the public to enter on or into an establishment or any part thereof between the hours of midnight and 7:00 a.m. and between the hours of 12:00 a.m. on Sunday until 7:00 a.m. the following Monday. The owner/operator or licensed seller of alcoholic beverages shall remove all patrons and members of the public from the premises by 12:01 a.m. and all doors to said premises shall be locked and closed and the establishment not reopened until 7:00 a.m. the next morning on which sales of alcoholic beverages can be lawfully made. It shall be unlawful for any owner/operator or licensed seller of alcoholic beverages to allow patrons and members of the public to remain in its parking lot for more than thirty (30) minutes after its closing. The owner/operator or licensed seller of alcoholic beverages and his employees or agents may enter the closed premises for the purpose of cleaning, taking stock, or other such work reasonably required to be performed on or within the premises while such premises are closed and no business is being transacted.
Nothing contained hereto shall prohibit a grocery store, pharmacy, or other similar business possessing a retail or wholesale dealer permit from remaining open for business other than the sale of alcoholic beverages between the hours of 12:00 a.m. and 7:00 a.m. and between the hours of 12:00 a.m. on Sunday until 7:00 a.m. on the following Monday so long as alcoholic beverages are not allowed to be sold, possessed, or consumed on the premises thereof during said times.
Sec. 5-2. Bottle clubs; hours of operation.
(a) The operation of a bottle club whose primary function is to facilitate the use and/or consumption of alcoholic beverages is prohibited.
(b) It shall be unlawful for any other bottle club lawfully operating within the village to admit or permit any member of the public to enter on or into an establishment or any part thereof, between the hours of midnight and 7:00 a.m. and between the hours of 12:00 a.m. on Sunday until 10:00 a.m. the following Monday.
(c) In any bottle club lawfully operating within the village, the owner or operator shall remove all patrons and members of the public from the premises by 12:01 a.m. and all doors to said premises shall be locked and closed and the establishment not re-opened until 10:00 a.m. the next morning on which sales of alcoholic beverages can be lawfully made. The owner or operator and his employees or agents may enter the closed premises for the purpose of cleaning, taking stock, or other such work reasonably required to be performed on or within the premises while such premises are closed and no business is being transacted.
(c) It shall be unlawful for any bottle club to permit members of the public to remain in its parking lot for more than thirty (30) minutes after its closing.
Sec. 5-3. Public possession or consumption.
It shall be unlawful for any person to consume or possess any alcohol beverage of any kind on any street or highway or in any public place; including but not limited to, any property owned by the village. Public possession does not include the possession or consumption of any alcoholic beverage under the following circumstances:
(a) For an established religious purpose.
(b) For medical purposes prescribed or administered by a licensed physicians, pharmacist, dentist, nurse, hospital, or medical institution.
(c) In private residences.
Sec. 5-4. Noise prohibition.
It shall be unlawful for any owner/operator or licensed seller of alcoholic beverages to play or allow to be played live or recorded music which is so unreasonably intrusive or offensive so as to interfere with the comfortable enjoyment of any other property located within the vicinity of the premises. Additionally, any person so unreasonably disturbed or offended by such noise shall have a cause of action for damages and may retain injunctive relief if the premises are not in compliance with the provisions of this section.
