Ordinance 2004-25 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE NO. 2004-.-�,S
AN ORDINANCE AMENDING TITLE 3, CHAPTER 3
ARTICLE 4 SECTION (B) OF THE LIQUOR CONTROL
ORDINANCE OF THE UNITED CITY OF YORKVILLE TO
ALLOW SAMPLING AND/OR TASTING OF ALCOHOLIC
LIQUORS BY CLASS B LIQUOR LICENSE HOLDERS
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
considered modification and amendment to Title 3, Chapter 3, Article 4, Section(B) of the City
Code providing for liquor control within the limits of the UNITED CITY OF YORKVILLE; and
WHEREAS, hearings have been held before the City Council and Public Safety
Committee, due consideration given by the City Council sitting as a Committee of the Whole,
and by the City Council and Staff of the City regulating the sale of alcohol within City limits; and
WHEREAS the City has determined it to be in the best interests of the community and its
economy, as well as for the benefit of the current and future license holders and amend the Uses
Permitted provision of the Liquor Ordinance to allow the sampling and/or tasting of beer and wine
by Class B Liquor License Holders; and
WHEREAS, the purpose of restricting the types of activities which may occur on the
premises of a liquor license holder in the City, is to prevent any secondary effect these activities
may have on the community as a whole, including but not limited to, crime,disorderly conduct and
juvenile delinquency; and
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NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3,
Chapter 3, Article 4, Section(B) of the City Code is Amended to include the following
paragraph:
1. Section 3-3-4(B) shall be amended to add the following paragraph:
A holder of a class B and B 1 licenses may furthermore be permitted to allow the
sampling and/or tasting of the products being sold subject to the following
restrictions:
a. The administration of such sampling and/or tasting shall be done under the
supervision of a department manager or facility manager; and the actual serving
shall be done only by a person over the age of 21 years; and
b. The sampling and/or tasting, consumption, or possession of any alcoholic
liquor by any person under the age of 21 years is strictly prohibited, and the server
of such sample and/or taste will bear the responsibility of enforcing such
prohibition; and
C. The sampling and/or tasting may not be offered more than two times a
week and shall not exceed six hours for each day of such sampling and/or tasting;
and
d. Sampling and/or tasting must occur on the premises if the sale of alcoholic
beverages is the primary function of the licensee or in a single designated location
within the premises if alcoholic beverages are not the primary goods being sold by
the licensee; and
e. The samples and/or tastes shall be limited to beer, wine, and liquors
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pursuant to section 1 paragraph(g); and
f. The samples and/or tastes shall be limited to one ounce or less of beer
and/or wine; and the samples and/or tastes shall be limited to one-half of one
ounce or less of liquor; and
g. The number of products to be sampled or tasted on any one day or at any
single event shall not exceed the following:
1. The number of wines that may be sampled or tasted on any one day
or at any single event shall not exceed twenty-five (25); or
2. The number of beers that may be sampled or tasted on any one day
or at any single event shall not exceed twenty-five (25); or
3. The number of liquors that may be sampled or tasted on any one
day or at any single event shall not exceed two product lines.
h. Upon application and approval by the Liquor Commissioner, a licensee
may seek a temporary variance from the paragraph a and/or g in order to conduct a
Special Event.
1. Special Event: An activity conducted to support the licensee's
regular business:
a. For a specific date or dates; and
b. For a specific time period not to exceed six hours per day
and for no more than four days during any one year period;
C. Conducted only on licensee's premises.
2. Variance Application Procedures:
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a. Application for permission to conduct a Special Event shall
be written, signed by the licensee,verified under oath, and shall contain the
following information:
1. Name and address of applicant;
2. The person or persons in charge of the event;
3. The place of the proposed event;
4. The date or dates and time of the proposed event;
5. A brief description of the nature of the event.
b. The Liquor Commissioner may call a formal hearing as to
any application upon written notice to the applicant. All interested persons shall
be heard at that time.
C. The decision of the Liquor Commissioner regarding an
application shall be issued in writing and mailed to the applicant within thirty days
after submission of said application and shall list the specific time, place, date and
hours during which said special event is authorized or a declaration that the
special event is not authorized along with a written opinion in support or
explanation of said decision. The Liquor Commissioner may also impose any
other reasonable conditions or restrictions as to the manner in which said special
event is conducted. A copy thereof shall be forwarded to the chief of police.
d. The violation by applicant of any condition or restriction
imposed by the Liquor Commissioner, pursuant to subsection h of this section,
shall be good cause for denying subsequent application.
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REPEALER: All ordinances or parts of ordinances conflicting with any of the
provisions of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this-�day of
� _, 2004.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS V-
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this W' day of , A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2004.
ITY ERK
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This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
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