§ 5.08.270. Class T licenses.

A.

Categories of License. There is hereby created Class T licenses which shall permit the retail sale of alcoholic liquor at a picnic, outing, festival or other such similar special occasion for consumption on the premises, with the exception of Class T-5 licenses, or within an area specifically designated in such licenses. Class T licenses shall be designated as T-1, T-2, T-3, T-4, and T-5, and shall be issued as follows:

(1)

A Class T-1 license may be issued to civic, service, charitable or other not-for-pecuniary-profit organizations for premises on private property. No alcoholic beverage may be sold or consumed within ten (10) feet of any public street open to vehicular traffic.

(2)

A Class T-2 license may be issued to current liquor license holders for an area which the liquor licensee owns or has the right to use, which is contiguous to and which extends no farther than one hundred (100) feet from the business premises for which the liquor licenses holds an existing license.

(3)

A Class T-3 license may be issued to any person who would otherwise qualify for the issuance of a license for a premises on private property for a special event including, but not limited to wedding parties, employee or customer relations events, art openings, and the like. If the event is to be held out of doors, it shall be subject to the location requirements of a T-2 license.

(4)

A Class T-4 license may be issued to any person utilizing property of the Vandalia Park District or Kaskaskia Community College District where permission has been granted by the governing body of the District.

If the applicant for any category of Class T license is not the owner of record of the property designated for the site of the event, the owner of record or agent must join in the application: a Class T license shall not be issued where the owner of record of the property has not joined in the application. The application for a Class T-1, Class T-2, Class T-3, or Class T-4 license shall designate the license applicant as the agent of the owner of record for service of notice to remove all refuse, litter, debris, and garbage and for the notice of lien as set out in Section G. Cleanup herein.

(5)

A Class T-5 license may be issued to a civic, service, charitable or other not-for-pecuniary-profit organization which shall permit the retail and/or wholesale consumption or sale of wine. On-premises consumption shall be indoor only upon premises owned by the licensee. No alcoholic beverage may be sold or consumed within ten (10) feet of any public street open to vehicular traffic. No opened alcoholic container may leave the premises.

B.

Restrictions and Requirements. The duration of Class T licenses shall be limited as set forth herein. The term "business day" as used in this section shall mean 6:00 a.m. until 2:30 a.m. on the following day.

(1)

A Class T-1 license shall be issued for a specific period of time which shall not include more than three (3) consecutive business days, provided that if the event is conducted on the control premises of a current liquor license holder, said period of time s-hall not include more than two (2) consecutive business days.

(2)

A Class T-2 license shall be issued for a specific period of time which shall not include more than one (1) business day.

(3)

A Class T-3 license shall be issued for a specific period of time which shall not include more than one (1) business day.

(4)

Class T-4 and T-5 licenses shall be issued for a specific period of time which shall not include more than one (1) business day.

(5)

No event or combination of events authorized by any type of T license on the control premises of a current holder of a liquor license may take place on more than two (2) consecutive business days.

An applicant for a Class T license shall submit a completed application for such a license on forms provided by the City at least fifteen (15) working days prior to the date for which the license shall be issued.

The applicant for a Class T license shall state in the application for such license the hours during which alcoholic liquor is intended to be sold, not inconsistent with Section 5.08.150 herewith.

C.

Number of Licenses. The number of T licenses shall be restricted as follows:

(1)

No person, firm, organization, association, or corporation other than a current holder of a retail liquor license shall be issued more than one (1) Class T-1, or Class T-3 license in any one (1) calendar year.

(2)

Not more than two (2) Class T-1 or T-3 licenses or combination of T-1, or T-3 licenses shall be issued for a location, premises, or address in one (1) calendar year.

(3)

As many as three separate events utilizing a T license may be conducted on the control premises of a current license holder in any one (1) calendar year, provided that not more than two of those events may be authorized by T-1 licenses.

(4)

For the purpose of determining the number of Class T licenses, the owner joining in the application shall not be considered as a person, firm, organization or association or corporation under this subsection.

(5)

Not more than two (2) Class T-5 licenses shall be issued for a location, premises or address in one (1) calendar year.

D.

Additional Requirements. A Class T license, if issued, shall not relieve the license holder of complying with any other requirement of law.

When a picnic, outing, festival or other similar special event is held out of doors pursuant to a Class T-1, T-2, or T-3 license, the license holder shall:

(1)

Use only paper or plastic products to serve alcoholic liquor or food;

(2)

Provide fencing with at least two (2) means of ingress and egress around the area designated in the license; the egress shall have a ratio of at least forty-four (44) inches for every two hundred (200) occupants and at least one (1) alternate exit of at least forty-four (44) inches;

(3)

Monitor each means of ingress and egress so as to provide adequate crowd control; and

(4)

Prevent alcoholic liquor from being removed from the designated area by invitees or customers.

(5)

Participate in a meeting with representatives of the Police Department if requested by the Police Chief or the Chief's designee. The purpose of said meeting shall be to discuss and review in detail the following:

(A)

The proposed physical layout of the site of the event, including but not limited to the location and size of fences or other barriers used to secure the area, the location where alcoholic beverages will be served, the location and size of any stage that will be used for live entertainment, and the number and location of sound amplification devices;

(B)

The identity, training and background of any persons who will be responsible for security at the event;

(C)

Any other aspects of how the applicant proposes to operate and manage the event that are related to insuring that the event will not violate the requirements of this Section or otherwise adversely impact on the health, safety and welfare of the public.

(6)

Provide any additional security measures that are recommended by the Police Chief or the Police Chief's designee and required by the Local Liquor Control Commissioner. Said measures may include the use of fencing or other physical barriers and/or the use of additional personnel. Said additional measures shall be reasonably calculated to insure compliance with the requirements of this Chapter and other regulations in this Code.

(7)

The Police Chief or Chief's designee may consider the following characteristics of the event as proposed to determine whether to request meeting with the applicant ahead of the event and whether to recommend the imposition of additional security measures as a condition of the license:

(A)

The size of the site for the event.

(B)

The duration of the event.

(C)

The number of persons that can reasonably be expected to attend the event.

(D)

The event's proximity to residential areas.

(E)

The event's proximity to public streets or other public rights-of-way.

(F)

Whether live entertainment will be provided.

(G)

The Police Department's or other municipalities' experience with similar events in the past.

(H)

Any other characteristics of the event as proposed that could reasonably be expected to adversely affect the public health, safety and welfare in the absence of adequate security measures.

E.

Supplemental Conditions For Licenses. The Local Liquor Control Commissioner may impose reasonable conditions upon a license for operation under a Class T license.

F.

Additional Restrictions Arising From Violations. In addition to a suspension of the Class T license, or a fine imposed for a violation of this Section, the Code and Ordinances of the City or the laws of the State the Local Liquor Control Commissioner may also impose a penalty that the Class T license holder may not be issued another Class T license for a period of up to three (3) years from the date of the violation for which the Class T license has been suspended.

G.

Class T Licenses: Cleanup.

(a)

The Class T-1, T-2, T-3, or T-4 license holder shall, within twenty-four (24) hours after the ending time of the event, remove all refuse, litter, debris, garbage and the like from the property used for the event and the abutting public right-of-way. Upon written application, the twenty-four (24) hour period may be extended by the Local Liquor Control Commissioner for a definite period of time for good cause shown. Good cause shall include, but not be limited to, natural disasters and extreme weather conditions.

(b)

In the event that a Class T-1, T-2, T-3, or T-4 license holder does not remove all refuse, litter, debris, garbage and the like in the twenty-four (24)-hour period, or the extension of that period, as required by this Section, the City may, after twenty-four (24) hours' notice, remove all refuse, litter, debris, garbage and the like from the property used for the event. The notice shall also state that the failure of the owner or licensee to remove all refuse, litter, debris, garbage and the like within the twenty-four (24)-hour period as required by such notice shall be deemed to form a contract between the City and the owner and licensee for payment of the costs of the removal of the refuse, litter, debris, garbage and the like. Service of notice shall be made upon the license holder or an agent or employee of the license holder. Service shall be by personal service except if that service cannot be made upon diligent inquiry, service may be had by posting the notice on the property. The reasonable costs of removal shall be a lien upon the real property for which the license was issued.

(c)

Except for the case of Class T-4 licenses, whenever a bill for the reasonable costs of a removal made pursuant to this Section remains unpaid for thirty (30) days after it has been sent to the license holder and the owner of record, the Clerk shall file a notice of lien with the County Recorder.

(1)

The notice of lien shall be filed within ninety (90) days after the cost and expense of the removal has been incurred. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the removal and the date or dates when such cost and expense were incurred by the City. However, the City's lien shall not be valid as to a purchaser whose rights in and to such real estate have arisen subsequent to removal of the refuse, litter, debris, garbage and the like and prior to the filing of such notice, and the City's lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expenses by the license holder or the owner of record or persons interested in the property after notice of the lien has been filed, the City shall release the lien and the release may be filed or recorded as in the case of filing a notice of lien.

(2)

Costs and expenses under this Section include, but are not limited to, the actual costs and expenses for the time of City employees, use of equipment and materials concerning the actions of removal pursuant to this Section, and transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosure and other related reasonable attorney's expenses.

(3)

Whenever the costs and expenses for removal of all refuse, litter, debris, and garbage shall remain unpaid for a period of thirty (30) days after the lien is filed, the City may institute proceedings to foreclose the lien, and the real estate may be sold under the order of the Court.

(4)

Upon payment of the costs and expenses, plus interest at a rate of nine (9) percent per annum from the date thirty (30) days after the bill was sent and after the notice of lien has been filed, the Clerk shall file with the Recorder a release of lien.

(d)

If the payment of the City's cost of removal or abatement of the nuisance is not paid to the City within thirty (30) days of the billing of such costs the Attorney for the City is empowered to commence proceedings in the Circuit Court seeking a personal judgment from the owner or licensee interested in the premises. The action authorized by this subsection shall be in addition to and without waiver of any other remedy. Such action shall be based upon the implied consent for persons to form a contract for the removal or abatement of such nuisances. No such action shall be filed against a governmental body.

(Ord. No. 2010-4-5-A, § I, 4-5-2010; Ord. No. 2015-6-1-B, §§ I—IV, 6-1-2015)