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Ordinance 2007-070 UNITED CITY OF YORKVILLE ORDINANCE NO. Zno "10 AN ORDINANCE AMENDING SECTIONS 3 -3 -6 OF CHAPTER 3 I � UOR Q CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS 13 DAY OF (k,-coev , 2007 Published in pamphlet form by the authority of the United City of Yorkville this cQ day of ©C.7VbEi2 , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. a 00 - - 7 1 0 AN ORDINANCE AMENDING SECTIONS 3 -3 -4 -6 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., 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 City Council of the United City of Yorkville has determined that it will I promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by 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 -6 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 the following overstricken words, and adding the following underlined words: 3 -3 -6: NUMBER OF LICENSES: No limitation shall be in effect within the city as to the maximum number of liquor license holders, except with reference to: 1. Holders of classes Al through A4 which shall not exceed the number of two (2) licenses issued at any given time in an area commencing at the intersection of the center line of Route 47, also known as Bridge Street, and the center line of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank of the Fox River; thence easterly along the south bank of the Fox River to a point which intersects with the center line of Heustis Street extended; I 2 i thence along said east line extended in a southerly direction and along the center line of said Heustis Street until said line intersects the center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the intersection of the center line of Route 47; thence westerly along the center line of Van Emmon Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with Route 47 (the same being Bridge Street) to the point of intersection of the center line of Washington Street; thence easterly along the center line of Washington Street to a point 100 feet easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street; thence westerly along the center line of Van Emmon Street to the place of beginning. In any event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the city ?. 2. The liquor control commissioner shall further have a right to issue up to a total of two (2) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of two (2) additional Al through A4 class licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. (Ord. 1996 -1, 1 -11- 1996) 3. Maximum Number Of Package (Class B and B -1) Liquor Licenses: There shall be no more than six (6) seven (7) Class B liquor licenses at any one time. There shall be no more than five (5) Class B -1 liquor licenses at any one time. 4. There shall be permitted not more than any one liquor license of any package (B or B -1) class in any shopping center up to one hundred thousand (100,000) square feet of gross building floor area. There will be available one additional liquor license of said package class for those shopping centers in excess of one hundred thousand (100,000) square feet of gross building floor area upon approval of the liquor commissioner. (Ord. 1996 -9, 8 -8 -1996) i 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/Resolution shall be found and determined to be invalid by a court of competent 3 IC I jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER b WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE { Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ?� Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ��_ Day of Qtl&kr , A.D. 2007. ATTEST: �� r CITY CLERK Cis6so7.t 4