§ 36.29. Hours during which sales are prohibited, closing hours.

It shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor as follows:

(a)

All liquor licensed establishments are prohibited from selling alcoholic liquor between the hours of 12:45 a.m. and 6:00 a.m., Monday through Friday, between the hours of 1:45 a.m. through 6:00 a.m. Saturdays and between the hours of 12:45 a.m. through 11:00 a.m. on Sundays, except that on Sundays, those liquor licensed establishments selling alcoholic liquor in its original packages, and not for consumption on the premises where sold are prohibited from selling alcoholic liquors between the hours of 12:45 a.m. and 6:00 a.m.

(b)

Those liquor licensed establishments selling alcoholic liquor in its original packages, and not for consumption on the premises where sold, such as grocery stores, and/or convenient marts, that remain open during those hours when the sale of alcoholic liquors are prohibited, must prevent the sale of alcoholic liquor during prohibited hours, including but not limited to preventing customers from having access to those areas where alcoholic beverages intended for sale are stored, either by partitioning the aisles from entry and/or locking the coolers where alcohol is stored.

(c)

On December 25, liquor licensed establishments are prohibited from selling alcoholic liquor between the hours of 1:45 a.m. and 10:00 a.m. and on January 1st, all liquor licensed establishments are permitted to sell alcoholic liquor until 2:45 a.m.

(d)

Except for fifteen (15) minutes after the hours specified for sale of alcoholic beverages, it shall be unlawful for patrons to remain on the liquor licensed premises during the hours when sales, service or delivery of alcoholic beverages for consumption on premises are prohibited.

(e)

The Mayor in his capacity as the Liquor Commissioner, upon application by a liquor licensee, and upon a showing of good cause, shall in his/her sole discretion have the authority to permit the retail sale of alcoholic liquor by individual drink, only for consumption within the licensed premises, during the hours for which the sale or delivery of alcoholic liquor in the City is generally prohibited, subject to the following conditions:

(1)

The business applying for the extended operation, during prohibited hours must currently be a liquor licensee with no pending liquor or tobacco license violations, nor taxes, fees, or fines due and owing the city. The licensee's classification must currently authorize the holder to sell at retail, alcoholic liquor by individual drink for on premise consumption.

(2)

The licensee must make a written application to the Liquor Commissioner stating the reason for the requested extension and the date or dates for which the extension is sought.

(3)

The consumption of alcoholic beverages must be entirely within the licensed premises, and may not take place outside, which would exclude beer gardens, sidewalk cafes, and/or roof tops, during the hours for which the extended operation during prohibited hours is occurring. The sale of alcoholic liquor intended for consumption on the premises shall be limited to individual servings and shall be dispensed in accordance with Section 36.26.

(4)

The issuance of the extended hours of operation "EHO" license is solely discretionary with the Liquor Commissioner of the City of Elmhurst, and subject to additional conditions as the Liquor Commissioner in his/her best judgment deems advisable.

(5)

The days, dates and times permitted during the "EHO" license shall be determined by the Liquor Commissioner, and are solely within the Liquor Commissioner's discretion.

(6)

The "EHO" license must be displayed with the licensed establishment's current liquor license.

(7)

The "EHO" extended hours of operation license is limited to the date(s) and time(s) delineated on the license and creates no other rights to operate during prohibited hours, other than what is designated on the license.

(Ord. 28-2008, § 2; Ord. No. 16-2011, § 1, 11-7-11; Ord. No. 21-2014, § 2, 12-1-2014; Ord. No. 04-2017, § 2, 1-3-2017; Ord. No. 14-2017, § 2, 8-7-2017)