Ordinance 2008-045 i
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UNITED CITY OF YORKVILLE
ORDINANCE NO. 5
AN ORDINANCE AMENDING SECTIONS 3- 3 -4 -5B OF CHAPTER 3 (LIQUOR
CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE
UNITED CITY OF YORKVILLE CITY CODE
PASSED BY THE
UNITED CITY OF YORKVILLE
THIS lip DAY OFD , 2008
Published in pamphlet form
by the authority of the
United City of Yorkville this (O
day of ) V N F , 2008.
UNITED CITY OF YORKVILLE
ORDINANCE NO. o?009' q 5
AN ORDINANCE AMENDING SECTIONS 3- 3 -4 -5B OF CHAPTER 3 (LIQUOR
CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE
UNITED CITY OF YORKVILLE CITY CODE
WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 -1, et seq., (the "Liquor Control
Act ") sets forth a comprehensive system for the regulation of liquor control within the state of
Illinois, and authorizes broad powers to municipalities with regard 'to local retail licenses; and
WHEREAS, the United City of Yorkville has undertaken a comprehensive system for the
licensing and regulation of the sale of liquor within its boundaries pursuant to said Liquor Control
Act; and
WHEREAS, the City Council of the United City of Yorkville has determined that it will
promote the public health, safety and welfare, and that it is in the best interests of the City to amend
the regulations pertaining to the sale of liquor as set forth in the City Code of the United City of
Yorkville as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville as follows:
Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as
part of this Ordinance.
Section 2. Section 3- 3 -4 -5B of Chapter 3 (Liquor Control) Of Title 3 (Business And License
Regulations) of the United City of Yorkville City Code is hereby amended by deleting said section in
the entirety and replacing it with following new Section 3- 3 -4 -5:
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3- 3 -4 -5: OUTDOOR LIQUOR LICENSE:
A. Licenses Required See also subsection 3 -3 -4 A4 of this Chapter. It shall be unlawful for any
licensee or person, firm, corporation, partnership or club to sell or offer to sell any
alcoholic liquor from an outdoor location of the premises without first:
1. Obtaining a Class G (beer garden/patio service) license therefor as provided in
this Section; and
2. Being a license holder in good standing of a Class A, R or C license.
B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than Six
(6) outdoor liquor licenses at any one time, without prior approval of Yorkville
City Council. The issuance of said number of outdoor licenses shall be without
taking into account the number of special event licenses issued by the City.
C. Hours Of Sale: It shall be unlawful for any holder of an outdoor liquor license to
sell or otherwise dispense alcoholic beverages from an outdoor location on-
premises except during the following hours upon the following days of the week:
1. Friday, Saturday, and all legal holidays recognized by the Federal Government:
eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M.
j 2. Sunday through Thursday: twelve o'clock (12:00) noon to ten o'clock (10:00)
P.M.
D. Months In Which Operation Is Prohibited: It shall be unlawful for any outdoor
liquor license holder to sell or offer for sale any alcoholic liquor, including beer or
wine between November 1 and April 30 of any year.
E. Entertainment: It shall be unlawful for any holder of an outdoor liquor license to
play or cause to play amplified music or cause to have performed such other forms
of entertainment by means or use of electronic amplification except during the
following times and following days (unless otherwise when extended by the
Mayor at his discretion), and then only when all other applicable City ordinances
have been adhered to:
1. Friday and Saturday: twelve o'clock (12:00) noon to ten o'clock (10:00) P.M.
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2. Sundays and legal holidays recognized by the Federal Government: twelve
o'clock (12:00) noon to eight o'clock (8:00) P.M.; except that on the following
Sundays when the hours shall be extended to ten o'clock (10:00) P.M.:
a. The Sunday before July 4, when the fourth falls on Monday.
b. The Sunday before Memorial Day.
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c. The Sunday before Labor Day.
3. Amplified music or other entertainment shall not be presented in such a manner
so that it can be heard more than seventy five feet (75') from the premises which
holds the license.
F. Restrictions: It shall be the affirmative duty of the license holder as a condition of
the license to maintain and perform the following requirements:
1. Presentation and continued maintenance of a certificate of insurance with the
City for coverage of the outdoor service area, including all applicable dramshop
insurance.
2. Outdoor service and consumption of alcohol shall be in an identified cordoned-
off area, as approved by the City Liquor Control Commissioner. The area must be
owned or leased by the license holder. This area must be covered by the insurance
as stated above.
G. Establishment Restrictions:
1. Alcoholic beverages shall only be served to or consumed by those outdoor
patrons during times at which food is being served on the site.
2. Alcoholic beverages consumed in the outdoor area must be purchased on the
premises where the outdoor area is permitted by the City liquor license.
3. Entrance and exit points for the outdoor area shall be restricted as approved by
the City Liquor Control Commissioner. There shall be one emergency exit for the
area outside of the building.
4. No alcoholic beverages of any kind shall be served in the outdoor area in glass
containers.
H. Application:
1. Application for permission to conduct such outdoor retail sale of alcohol shall
be in writing in the standard license application form for any liquor license in the
City, and shall additionally state the dates for the requested license and a diagram
of the outdoor area upon which the sale and consumption will occur.
2. The fee for a Class G outdoor license shall be two hundred fifty dollars
($250.00) annually as set forth in this Section 57 . For all classes of license holders
except holders of a fraternal license, which shall be charged one hundred dollars
($100.00) for said additional license permitting outdoor events.
I. Revocation:
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1. In addition to those restrictions stated above, all Class G outdoor licenses shall
be subject to all the limitations and restrictions set out in this Chapter and State
statutes. The license holder's current standard license is subject to the terms and
restrictions of the outdoor license.
2. The Local Liquor Commissioner may revoke the outdoor license for violation
of the standards set forth herein, or any other applicable restriction set out by State
statute. The Commissioner may also consider revocation of the holder's standard
license in addition to the revocation of the outdoor license based on any violation
of the restrictions applicable to either the standard license or outdoor license.
J. Renewal: Outdoor licenses are renewable on a yearly basis and shall last for only
those months specified in the license. Renewal fees are the same as application
fees. (Ord. 1997 -4, 3 -13 -1997)
Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage
and approval, and publication according to law.
Section 4. Severabilitv. In the event that any section, clause, provision, or part of this
Ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid
parts that are severable from the invalid parts shall remain in full force and effect.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
\D day of , A.D. 2008.
M
ITY CiVRK
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
10 Day of ) u &IE , A.D. 2008.
MAYOR
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