§ 36.28. Prohibited activities on licensed premises.

(a)

Gambling. It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor.

(b)

Solicitation. It shall be unlawful for any licensee, its manager, or other person in charge of any licensed premises where alcoholic liquor is sold or offered for the sale for consumption thereon, to engage, employ or permit the engagement or employment of any person, nor shall any person be permitted to remain on said premises, who shall solicit any patron or customer thereof to purchase alcoholic or nonalcoholic liquor for said person, or any other person therein: nor shall any person, whether or not such person is an employee or entertainer, solicit any patron or customer therein to purchase alcoholic or non-alcoholic liquor for himself or herself or any other person therein: provided, however, that nothing herein contained shall prohibit any adult manager, bartender or server who shall be regularly employed therein from accepting and serving the order of a patron or customer in the regular course of employment as such manager or server.

(c)

Adult Entertainment. It shall be unlawful for any licensee, its manager, or other person in charge of premises licensed to sell alcoholic liquor, to permit the following items or conduct on the licensed premises: books, or magazines, coin-operated motion pictures devices, films, movies, or live entertainment depicting, describing or relating to specified anatomical areas or specified sexual activities, as such terms are defined in the Elmhurst Zoning Ordinance, as amended from time to time. Notwithstanding any provision hereof to the contrary, this Section shall not be interpreted to limit or restrict a mother's right to breastfeed her baby under the Right to Breastfeed Act, 740 ILCS 137/1 et seq., as amended from time to time.

(d)

Reserved.

(e)

Reserved.

(f)

It shall be unlawful to provide coin-operated amusement devices, as described in Section 32.06 of the this Code on liquor licensed premises, except as licensed under Section 32.06.

(g)

It shall be unlawful to conduct any "raffle," as authorized in Section 31.20 of the Elmhurst Municipal Code, on liquor licensed premises, except with written permission from the local liquor commissioner under the following conditions:

(1)

Application for such raffle shall be made in writing to the local liquor commissioner and shall set forth the nature of the proposed raffle, the charitable organization which will be the sponsor of any promotion, and the nature of any promotions or other activities which will be associated with such raffle.

(2)

Certification by the licensee that all monies collected by the licensed premises in conjunction with activities related to the conduct of the raffle, including monies collected for the sale of alcoholic liquor, will be donated to the charitable organization sponsoring the raffle; provided, that the licensee may deduct from such monies a small nominal fee for its costs in conjunction with the conduct of the raffle.

(h)

It shall be unlawful for any licensee, its manager, or other person in charge of the premises licensed, to allow, permit or maintain the licensed premises in such a way that controlled substances of any kind, including, but not limited to cocaine, marijuana, heroin, or other illegal drug or chemical, are present on the licensed premises at any time.

(Ord. 7-2005 § 1)

(Ord. No. 03-2012, § 6, 2-6-2012; MCO-24-2018, § 4, 11-19-2018)