§ 10-9. Classification of licenses and schedule of fees.

(a)

Class A and A-1 Licenses.

(1)

Class A Licenses, which shall authorize the retail sale of alcoholic liquor by restaurants without bars, as defined in this chapter, but only when such sale is incidental and complementary to the sale and consumption of meals, eaten at tables served by wait staff or bus, for consumption only on the premises where sold. Patrons may be served alcoholic beverages while waiting to be seated when no tables are available. It shall be unlawful for any holder of a Class A License to offer for sale or serve alcoholic liquor by the drink without concurrently offering for sale or serving meals to patrons. It shall be unlawful for any holder of a Class A License that provides outdoor restaurant seating in the public right-of-way, as licensed under chapter 24, to serve alcoholic liquor to any patron seated in the public right-of-way unless that person has purchased a meal. The annual license fee for Class A Licenses for restaurants which are affected by the hours limitation contained in section 10-21(c) shall be $1,000.00 and the annual license fee for all other Class A Licenses shall be $2,000.00.

(2)

Class A-1 Licenses, which shall duplicate Class A Licenses in all regards, except that Class A-1 Licenses shall additionally authorize the retail sale of wine only in its original package or packages for consumption off the premises, subject to the following conditions:

a.

The retail sale of any wine in original packages for consumption off the premises must be incidental and complementary to the sale of food for consumption off the premises. It shall be unlawful for any holder of a Class A-1 License to render a bill for sale of wine in its original package which does not include a charge for food to be consumed off the premises.

b.

The amount of wine sold as incidental and complementary to the sale of food for consumption off the premises in any single transaction may not exceed 1,500 milliliters in volume.

c.

Any wine sold at retail in original packages for consumption off the premises pursuant to this section cannot be sold at a price lower than that charged for consumption of the same wine on the premises.

d.

The annual license fee for a Class A-1 License for restaurants which are affected by the hours limitation of contained in section 10-21 shall be $1,100.00, and the annual license fee for all other Class A-1 Licenses shall be $2,100.00.

(b)

Class B and B-1 Licenses.

(1)

Class B Licenses, which shall duplicate Class A Licenses in all regards, except that beer and/or wine only may be served. The annual license fee for such license shall be $1,000.00.

(2)

Class B-1 Licenses, which shall duplicate Class B Licenses in all regards, except that Class B-1 Licenses shall additionally authorize the retail sale of wine only in its original package or packages for consumption off the premises, subject to the following conditions:

a.

The retail sale of any wine in original packages for consumption off the premises must be incidental and complementary to the sale of food for consumption off the premises. It shall be unlawful for any holder of a Class B-1 License to render a bill for sale of wine in its original package which does not include a charge for food to be consumed off the premises.

b.

The amount of wine sold as incidental and complementary to the sale of food for consumption off the premises in any single transaction may not exceed 1,500 milliliters in volume.

c.

Any wine sold at retail in original packages for consumption off the premises pursuant to this section cannot be sold at a price lower than that charged for consumption of the same wine on the premises.

d.

The annual license fee for such license shall be $1,100.00.

(3)

Class B-2 Licenses, which shall authorize the retail sale by a bowling alley of beer and wine, but only when such sale is to bowling alley patrons who are bowling or waiting to bowl and only for consumption on the premises. The annual license fee for a Class B-2 License be $1,000.00.

(c)

Class C, C-B, C-1 and C-B-1 Licenses.

(1)

Class C Licenses, which shall duplicate Class A Licenses in all regards, except that patrons may also be served alcoholic beverages at a bar, provided such bar shall meet the following conditions:

a.

The bar shall be no longer than 15 feet;

b.

The number of seats at the bar shall not exceed eight seats;

c.

The bar shall not be located in a room separate from the principal room in which meals are served.

d.

The annual license fee for such license shall be $2,500.00.

(2)

Class C-B Licenses, which shall duplicate Class B Licenses in all regards, except that patrons may also be served alcoholic beverages at a bar, provided such bar shall meet the following conditions:

a.

The bar shall be no longer than 15 feet;

b.

The number of seats at the bar shall not exceed eight seats;

c.

The bar shall not be located in a room separate from the principal room in which meals are served.

d.

The annual license fee for such license shall be $1,500.00.

(3)

Class C-1 Licenses and Class C-B-1, which shall duplicate Class C and Class C-B Licenses, respectfully, in all regards, except that Class C-1 and Class C-B-1 Licenses shall additionally authorize the retail sale of wine only in its original package or packages for consumption off the premises, subject to the following conditions:

a.

The retail sale of any wine in original packages for consumption off the premises must be incidental and complementary to the sale of food for consumption off the premises. It shall be unlawful for any holder of a Class C-1 and Class C-B-1 License to render a bill for sale of wine in its original package which does not include a charge for food to be consumed off the premises.

b.

The amount of wine sold as incidental and complementary to the sale of food for consumption off the premises in any single transaction may not exceed 1,500 milliliters in volume.

c.

Any wine sold at retail in original packages for consumption off the premises pursuant to this section cannot be sold at a price lower than that charged for consumption of the same wine on the premises.

The annual license fee for such license shall be $2,600.00 for a Class C-1 License and $1,600.00 for a Class C-B-1 License.

(d)

Class D Licenses, which shall authorize the sale of alcoholic liquors by clubs which maintain permanent club quarters (irrespective of the size of their membership), but only for consumption on the club's premises and only to club members and their guests. The annual license fee for such license shall be $1,500.00.

(e)

Class E Licenses, which shall authorize the retail sale of alcoholic liquors by a civic, fraternal, service, charitable or other organization at a picnic, outing, festival or other similar special occasion, provided that in each case the sale is for consumption incidental and complementary to the service of food on the premises or within an area specifically designated in such license. No Class E License shall be valid for more than 72 hours. The license fee for each Class E License shall be $25.00, except that within any 90-day period, the fee for a second or subsequent license shall be $10.00. No more than 12 such licenses shall be issued to any one licensee within a calendar year, and no more than four such licenses issued to a licensee within a calendar year shall permit the service of alcoholic liquor outdoors.

(f)

Class F License, which shall authorize the Wilmette Park District to engage in the retail sale of alcoholic liquor at the Park District Golf Club located at 3900 Fairway Drive in connection with the operation of an established food-serving facility, but only when, concurrently offering for sale or serving meals to patrons seated at tables, for consumption only on the premises where sold.

(1)

Notwithstanding the foregoing limitation, such license shall authorize the Wilmette Park District to engage in the retail sale of alcoholic liquor at such food-serving facility without the concurrent service of food to persons at the golf course for the principal purpose of playing golf.

(2)

Upon written request by the Wilmette Park District, the Local Liquor Control Commissioner shall be authorized to reissue its Class F License in the name of an entity that is under contract with the Park District to operate for the Park District the food service and beverage facilities at the Park District Golf Club. Such entity shall be required to submit to the Local Liquor Control Commissioner a copy of its current and valid contract with the Park District and all such application materials as are otherwise required of any licensee under section 10-6, and shall also meet all requirements for eligibility for license as set forth in section 10-7. A Class F License issued to a Park District contractor shall terminate immediately upon written notice to the Local Liquor Control Commissioner by the Park District that its contract is no longer in effect or that the Park District no longer wishes its contractor to hold such license, at time said Class F License shall be reissued in favor of the Park District.

(3)

The annual license fee for such license shall be $1,000.00.

(g)

Class G Licenses, which shall authorize the retail sale of alcoholic liquors in original packages for consumption off the premises where sold in package stores. The annual license fee for such license shall be $3,000.00.

On and after March 14, 1995, no further Class G Licenses shall issue and the Class G License shall be eliminated upon the expiration without renewal, or the revocation of, or the surrender of the last Class G License held prior to March 14, 1995.

(h)

Class H Licenses, which shall authorize the retail sale of beer and wine only in original packages for consumption off the premises where sold in retail food, stores and shops, and in which the retail display area devoted to the sale of beer and wine shall not exceed ten percent of the total retail display area. The annual license fee shall be $1,500.00.

(i)

Class I Licenses, which shall authorize the retail sale of alcoholic liquors in original packages for consumption off the premises where sold in retail food, retail pharmacies/convenience stores, and in which the retail display area devoted to the sale of alcoholic liquor shall not exceed ten percent of the total retail display area. The annual license fee shall be $3,000.00.

(j)

Class J Licenses, which shall duplicate Class A licenses in all regards, except that patrons may also be served alcoholic beverages at a bar when such a sale is incidental and complementary to consumption of a meal by each such patron, provided the number of seats at the bar shall not exceed 15 percent of the number of seats at tables where meals are served. A Class J License shall not be issued to any applicant whose restaurant (including dining rooms, kitchens and all other internal space) does not have 2,500.00 or more square feet of total area, and whose restaurant is not located in the Village Center ("VC") zoning district, as defined in the Wilmette Zoning Ordinance, appendix A of this Code. The annual license fee for such a license shall be $3,000.00.

(k)

Class K Licenses, which shall authorize the sale by a specialty restaurant and gourmet products retailer of:

(1)

Beer and wine, as part of a demonstration or instructional program on food preparation techniques, where a host or hostess is present to seat patrons, where all patrons are served the same prix fixe , multi-course meal at a scheduled seating, where admission to the scheduled seating is by reservation only, where no more than 40 patrons are served at a scheduled seating, where food is served to patrons while they are seated at tables or at a counter using non-disposable dishes, glassware and utensils, and at which the service of beer or wine is incidental and complementary to the service of such meals; and

(2)

Beer and wine, in its original package or packages which must contain more than a single serving, for consumption off the premises, where the beer and wine are displayed and offered for sale at retail along with gourmet foods, food products, and food preparation utensils and equipment, provided that the retail area devoted to display for sale of wine shall not exceed five percent of the business' total retail display area, and in no event shall exceed 50 square feet of the business' total retail display area.

(3)

The annual license fee shall be $500.00.

(l)

Class L Licenses, which shall authorize the retail sale of bottled wine premium imported beer and American craft beer for consumption off the premises, the limited tasting of bottled wines, and the limited service of fine wine, premium imported beer and American craft beer for immediate consumption on the premises incidental to the purchase and consumption of meals, at a boutique wine store whose principal business is the sale at retail of fine bottled wines, premium imported beer and American craft beer, and accessories related thereto. A Class L license shall be subject to all of the following conditions:

(1)

The Class L License shall authorize the sale only of bottled fine wines, premium imported beer, and American craft beer and of no other alcoholic liquors. For the purposes of the Class L license:

a.

The term "fine wine" shall mean wine sold only in glass bottles and made from vinifera (grape varieties) and not from other fermented fruit juices.

b.

The term "imported beer" means beer not brewed in the United States.

c.

The term "American craft beer" means beer brewed in the United States by an American craft brewer who holds at least one of the following characteristics:

1.

Small brewer. Has annual production of less than 2,000,000 barrels or otherwise qualifies for the federal small brewer's excise tax differential, as administered by the U.S. Treasury Department by producing less than 2,000,000 barrels annually; or

2.

Independent brewer. Less than 25 percent of the craft brewery is owned or controlled by an alcoholic beverage industry member which is not itself a craft brewer; or

3.

Traditional brewer. Has either an all-malt flagship beer (which has the greatest volume of sales among all the brewer's brands) or has at least 50 percent of its sales volume in either all-malt beers or in beers that use adjuncts to enhance, rather than lighten, the flavor of the beer.

(2)

The tasting of small quantities of varieties of fine wine, premium imported beer, and American craft beer shall be permitted on the licensed premises. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. A fixed price registration fee may be charged only for pre-registered events or classes when the store is closed to the general public, provided that such events shall for educational or instructional purposes, all such classes or events shall have a written agenda or curriculum, and all such classes or events shall end by 9:00 p.m.

(3)

A Class L License may be issued only to a business whose principal merchandise offered for sale is fine wines, premium imported beer, and American craft beer, and whose ancillary sales are limited to, wine and beer related accessories, small gourmet food products, and specialty gift products such as fine food accessories. No sale of food for intended for immediate consumption shall be permitted. The retail display area devoted to the sale of beer shall not exceed ten percent of the total retail display area.

(4)

A Class L License shall additionally permit the sale of craft beer and fine wine for immediate consumption on the licensed premises, only when such sale is incidental and complementary to the purchase and consumption of meals to patrons seated at tables using non-disposable dishes, glassware and utensils, and not at a bar or counter. The following additional limitations shall also apply to the sale of fine wine or craft beer pursuant to this section:

a.

It shall be unlawful for any holder of a Class L License to serve wine or beer to any patron without concurrently selling and serving a meal to such patron.

b.

It shall be unlawful for any holder of a Class L License that provides outdoor restaurant seating in the public right-of-way, as licensed under chapter 24, to serve wine or beer to any patron seated in the public right-of-way without concurrently serving a meal to said patron.

c.

The indoor table seating area where fine wine or craft beer is served for immediate consumption incidental and complimentary to the sale of meals shall not be located in a separate room.

d.

The indoor table seating area where fine wine or craft beer is served for immediate consumption incidental and complimentary to the sale of meals to persons seated at tables shall not exceed eight tables located in the interior area of licensed premises, which may be expanded to no more than 12 tables between the hours of 5:00 p.m. and the cessation time stated in subsection (l)(4)e of this section.

e.

Notwithstanding the provisions of section 10-21, the sale of craft beer or fine wine for immediate consumption in the table seating area described herein shall be limited to the hours of 11:00 a.m. until 9:00 p.m. Monday through Thursday; 11:00 a.m. until 10:00 p.m. Friday through Saturday; and 12:00 noon until 7:00 p.m. on Sunday.

(5)

No tobacco product of any kind shall be sold or offered for sale on the licensed premises.

(6)

A Class L License may be issued only to a store no less than 1,000 square feet in area, and no more than 2,200 square feet in area.

(7)

A Class L License may be issued only to a store located in the Village Center ("VC") zoning district, as defined in the Wilmette Zoning Ordinance, appendix A of this Code.

(8)

The annual license fee for such a Class L license shall be $1,500.00.

(m)

Class M and M-1 Licenses.

(1)

Class M Licenses, which shall duplicate Class A Licenses in all regards, except that patrons may also be served alcoholic liquor in a designated bar area where meals may be served by the licensee. The licensed premises must have a minimum total area of at least 2,500 square feet. The designated bar area is subject to the following limitations and requirements:

a.

The bar area may include a bar, a table seating area, or combination of both.

b.

The bar area must be identified on a scale drawing of the licensed premises submitted with the application for the Class M License, and is subject to the review and approval of the Local Liquor Control Commissioner.

c.

The bar area of the restaurant open to patrons either seated or standing shall not exceed 15 percent of the total interior area of restaurant open to patrons, not including restrooms.

d.

The bar area shall not be located in the public right-of-way, in whole or in part, regardless of whether the licensee has an Outdoor Restaurant Seating License.

e.

No alcoholic liquor may be offered for sale or served in the bar area unless the licensee is concurrently offering for sale or serving meals to patrons seated at tables dining outside of the bar area.

f.

Class M Licenses may be issued only to licensed premises located in the following zoning districts as defined in the Wilmette Zoning Ordinance, appendix A, of this Code:

1.

Village Center ("VC") zoning district.

2.

Planned Commercial Development - 1 ("PCD-1") zoning district.

3.

Planned Commercial Development - 2 ("PCD-2") zoning district.

4.

General Commercial - 1 ("GC-1") zoning district.

g.

The annual license fee for such a Class M license shall be $5,000.00.

(2)

Class M-1 License, which shall duplicate Class M Licenses, in all regards, except that Class M-1 Licenses shall additionally authorize the retail sale of beer and/or wine in its original package or packages for consumption off the premises, subject to the following conditions:

a.

The retail sale of any beer and/or wine in original packages for consumption off the premises must be incidental and complementary to the sale of food for consumption off the premises. It shall be unlawful for any holder of a Class M-1 License to render a bill for sale of beer and/or wine in its original package which does not include a charge for food to be consumed off the premises.

b.

The amount of beer and wine sold as incidental and complementary to the sale of food for consumption off the premises in any single transaction may not exceed the following quantities:

1.

1,500 milliliters of wine; or

2.

12 12-ounce containers of beer; or

3.

750 milliliters of wine and six 12-ounce containers of beer, when sold in combination.

c.

Any beer and/or wine sold at retail in original packages for consumption off the premises pursuant to this section cannot be sold at a price lower than that charged for consumption of the same beer and/or wine on the premises. The annual license fee for such Class M-1 license shall be $5,100.00.

(n)

Class N Licenses, which shall permit the sale of wine and beer only, for immediate consumption on the licensed premises, by a specialty restaurant or cafe, only when such sale is incidental and complementary to the sale and consumption of specialty gourmet desserts, chocolates, confections, pastries, appetizers, sandwiches, light meals and similar food for consumption on the licensed premises to patrons seated at tables using non-disposable dishes, glassware and utensils, and not at a bar. It shall be unlawful for any holder of a Class N License to serve wine and beer by the drink to any patron without concurrently selling food to such patron. It shall be unlawful for any holder of a Class N License that provides outdoor restaurant seating in the public right-of-way, as licensed under chapter 24, to serve alcoholic liquor to any patron seated in the public right-of-way without concurrently serving such food to said patron. The annual license fee shall be $500.00.

(o)

Class O License.

(1)

Class O Licenses shall permit the sale of beer and wine only, for immediate consumption on the licensed premises, by a café which does not have a bar when such sale is incidental and complementary to the sale and consumption of a meal to be consumed on the premises or incidental to the presentation of a live music performance on the premises. It shall be unlawful for any holder of a Class O License that provides outdoor café seating to serve alcoholic liquor to any patron without concurrently serving a meal to said patron.

(2)

The annual license fee shall be $1,500.00.

(p)

Class P Licenses, which shall permit the retail sale and service of beer and wine in hotels as follows:

(1)

Service of beer and wine to registered guests only for consumption on the premises and only in areas and at times specifically designated on the license;

(2)

Service of beer and wine to registered guests and invitees in meeting rooms for consumption on the premises only;

(3)

Retail sale of beer and wine in original containers in sundries shops to registered guests only for consumption on or off the premises; and

(4)

Provision of beer and wine in cabinets within guest rooms, provided that each such cabinet shall be securely locked and accessible only by a key separate from the room key, and such separate key shall be given only to a guest 21 years of age or older at the time of registration.

(5)

The annual fee for such license shall be $500.00.

(6)

Restaurants within hotels may sell and serve alcoholic liquor only subject to a separately issued Class A, B, C or C-B license.

(q)

Class T Licenses, which shall permit the sale of beer and wine by a theater, subject to the following limitations and requirements:

(1)

The theater must be located in the Village Center (VC) business zoning district, as defined in appendix A (Zoning Ordinance) of this Code.

(2)

Alcohol may only be sold to persons who are ticketed patrons of the theater.

(3)

Any time alcohol is being offered for sale, the employee selling admission tickets to the theater must be at least 21 years of age.

(4)

Alcohol may not be sold or consumed outside of the theater or on any public sidewalk or right-of-way, except during special events. A theater may hold up to 4 special events per calendar year. During special events, a theater may serve beer and wine outside the theater building in the rear of the theater premises and wholly on the theater premises.

(5)

The lobby area shall not have any games or amusement devices, and any video screens located in the lobby area shall be limited to, presenting theatrical trailers and coming attractions, announcements of upcoming events, information about the theater and booking events, advertising sold by the theater, or other information specifically relating to the operation of the theater and its presentations. Said video screens may not be used for the display of cable service, video service or broadcast service television or other programming unrelated to the theater's own operations, sales or presentations.

(6)

Beer and wine shall be served in a cup or glass which is unique to the service of beer and wine at the theater and obviously different from cups or glasses used for the service of soft drinks, and beer may be served in its original bottle or can.

(7)

Patrons may purchase not more than two alcoholic drinks per person at any one time.

(8)

No beer and wine may be served during motion pictures which have a rating of G by the Motion Picture Association of America.

(9)

The annual license fee for such a Class T License shall be $1,000.00.

(Code 1993, § 11-9; Ord. No. 75-O-3, 1-7-1975; Ord. No. 75-O-5, 1-22-1975; Ord. No. 76-O-33, 8-3-1976; Ord. No. 76-O-37, 8-3-1976; Ord. No. 82-O-28, 6-15-1982; Ord. No. 84-O-4, 3-20-1984; Ord. No. 84-O-41, 10-16-1984; Ord. No. 86-O-13, 3-18-1986; Ord. No. 94-O-61, 9-13-1994; Ord. No. 95-O-12, 2-28-1995; Ord. No. 96-O-54, 10-8-1996; Ord. No. 99-O-15, 3-9-1999; Ord. No. 2001-O-73, 11-13-2001; Ord. No. 2005-O-47, 5-10-2005; Ord. No. 2005-O-84, 10-11-2005; Ord. No. 2005-O-101, 11-21-2005; Ord. No. 2006-O-9, 3-28-2006; Ord. No. 2006-O-37, 4-25-2006; Ord. No. 2006-O-40, 5-23-2006; Ord. No. 2006-O-79, 10-10-2006; Ord. No. 2006-O-90, 11-28-2006; Ord. No. 2006-O-103, 12-12-2006; Ord. No. 2007-O-63, 9-11-2007; Ord. No. 2007-O-94, 12-11-2007; Ord. No. 2007-O-95, 12-11-2007; Ord. No. 2008-O-54, 8-26-2008; Ord. No. 2010-O- 27, 5-11-2010; Ord. No. 2010-O-28, 5-11-2010; Ord. No. 2010-O-57, 9-28-2010; Ord. No. 2012-O-33, 7-24-2012; Ord. No. 2012-O-57, 10-23-2012; Ord. No. 2013-O-51, 10-8-2013; Ord. No. 2014-O-8, 2-25-2014; Ord. No. 2014-O-22, 5-27-2014; Ord. No. 2014-O-23, 5-27-2014; Ord. No. 2015-O-35, 8-25-2015; Ord. No. 2016-O-41, 8-23-2016)