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Ordinance 2000-66 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2000-_1p AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE LIQUOR CONTROL ORDINANCE OF THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have considered modification and amendment to Title 3, Chapter 3 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 alcohol within City limits; WHEREAS the City has determined that the purchase, possession and consumption of alcoholic liquors by persons under the age of 21 years within the UNITED CITY OF YORKVILLE should be prohibited; WHEREAS, all of said advisory bodies consider it to be necessary and in the best interests of the City to amend the existing Liquor Control Ordinance of the UNITED CITY OF YORKVILLE: NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3, Chapter 3 of the City Code is Amended as follows: Page 1 of 7 1. Section 3-3-3 shall be amended as follows: APPLICATION FOR LICENSE & RENEWAL: The Local Liquor Control Commissioner shall grant liquor licenses in accordance with the provisions ofthe laws of the State of Illinois and provisions of this Chapter. Any person desiring a license under this Chapter shall make application to the Local Liquor Control Commissioner to be filed with the City Clerk who shall provide a blank form for that purpose in such form as may be designated by the Local Liquor Control Commissioner. The application shall be sworn to by the applicant, if an individual, and by at least two (2) members of any partnership applying for such license. Applications by corporations shall be subscribed and sworn to by the president and attested by the secretary thereof. All non-renewal applications shall include a non-refundable license application fee of One Hundred Dollars($100.00)to cover application handling and the costs to conduct background investigations of the applicants. In addition to the application fee, a sum equal in amount to the license fee payable up until the next payment or renewal date shall also be deposited with the City Clerk. Should the application be denied, the license fee deposit (not the application fee) shall be refunded to the applicant. All applications shall set forth such facts as may be necessary to show that the applicant is entitled to a license under the laws of the State and this chapter, including a description of the premises to be used by the licensee under the license. Each licensee shall make application for renewal of his or her license to the Liquor Control Commissioner not less than 15 days prior to the end of the licensing Page 2 of 7 period. If a renewal applicant is not timely in his renewal application,there will be an additional $100.00 fee assessed. The annual license fee for the license must accompany the renewal application. If the Liquor Control Commissioner determines that the renewal application contains information that is in any way changed from the original application for license, in which case a new investigation of the license is necessary, a fee of$100 shall be charged to the licensee to cover the costs of such investigation, in addition to the yearly license fee. If, after investigation, it is determined that the applicant is not entitled to a renewal license, the yearly license fee shall be returned. The charge for the investigation is non-refundable. A renewal license shall be issued provided the licensee is entitled to receive a license and provided that the premises for which renewal license is sought are suitable for such purposes;provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within the City. In the event that the City shall reduce the number of licenses below that number issued in the prior year and the number of applicants do not decrease such as to be equal to or less than the number of available licenses, the Liquor Control Commissioner may use the available licenses on the basis of date of application,years holding prior licenses, adequate service to areas in City, record of violations or any other reasonable basis. Page 3 of 7 2. 3-3-14 RESTRICTIONS CONCERNING UNFIT PERSONS &MINORS Section shall is amended in its entirety to read as follows 1. No licensee or their employees or agents shall sell, give, or deliver alcoholic liquor to any intoxicated person or to any person known to him to be a habitual drunkard, spendthrift, or insane,feeble-minded or distracted person. 2. No licensee or their employees or agents shall sell, give, or deliver alcoholic liquor to any person under the age of twenty one (21)years 3. It shall be unlawful for any person under the age of 21 years to purchase, or obtain alcoholic liquor from any licensee in the City where alcoholic liquor is sold. 4. It shall be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor any place in the City where alcoholic liquor is sold. 5. In every establishment which holds a City liquor license, there shall be displayed at all times in a prominent place, a printed card which shall be supplied by the City Clerk and which shall read substantially as follows: "WARNING TO MINORS-You are subject to a fine up to$750.00 under the provisions of the City Code if you purchase alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor." 6. It shall be unlawful for any person under the age of 21 years to have in his or her possession any alcoholic liquor on any street, highway, public place open to the public, or in any other place. This prohibition does not apply to the Page 4 of 7 possession by a person under the age of 21 years making a delivery of an alcoholic liquor in the course of his employment as long as such employment is not prohibited under the provisions of this Title. 7. It shall be unlawful for any person under the age of 21 years to consume any alcoholic liquor on any street, highway, public place, in any place open to the public, or in any other place. This prohibition does not apply to consumption by a person under the age of 21 years where such consumption is in the direct performance of a religious service or ceremony and such consumption takes place under the direct supervision and approval of the parent or a person standing in loco parentis of the person under the age of 21 years. This prohibition does not apply to consumption of alcoholic liquor by a person under the age of 21 years in his / her home under direct supervision and approval of a parent or person standing in loco parentis of the person under the age of 21 years. 8. Any person under the age of 21 years at the time of the offense who is convicted of any violation of the provisions of this section shall be fined not less than $100 nor more than $750 for each offense. 3. Repealer: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. 4. 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 Page 5 of 7 separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. 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 WIiEREOF, this Ordinance has been enacted this day of 2000 by the City Council of the UNITED CITY OF YORKVILLE. PAUL JAMES DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT F S THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of A.D. 2000. MAYOR Page 6 of 7 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2000. Attest: Y CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 (630)553-9500 Page 7 of 7