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Ordinance 1997-04 AOF STATE OF ILLINOIS ) 3/3/97 )ss. COUNTY OF KENDALL ) AN ORDINANCE AMENDING CHAPTER 3 OF THE YORKVILLE MUNICIPAL CODE TO PROVIDE FOR OUTDOOR RETAIL SALE OF ALCOHOLIC BEVERAGES WHEREAS, after careful consideration, the Mayor and City Council have determined it to be in the best interests of the community and its economy, as well as for the benefit of current and future license holders to amend the existing Liquor Control Ordinance to provide for the outdoor retail sale of alcohol; NOW THEREFORE, BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; There shall be a new section of Chapter 3 of the Yorkville Liquor Control Ordinance as follows: 3-3-4.5 Outdoor Liquor License A. 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 "G" (Beer Garden/Patio Service)license therefor as provided in this Ordinance; and (Z) 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 three (3) outdoor liquor licenses at any one (1) 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 of Yorkville. 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: 11:00 a.m. to 11:00 p.m. (2) Sunday through Thursday: 12:00 noon to 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: 12:00 p.m. to 10:00 p.m. (2) Sundays and legal holidays recognized by the federal government: 12:00 p.m. to 8:00 p.m.; except that on the following sundays when the hours shall be extended to 10:00 p.m.: (a) The Sunday before July 4, when the 4th falls on Monday. (b) The Sunday before Memorial Day. 2 (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 75 feet 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 dram shop 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 3 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 an Class "G" outdoor license shall be$250.00 annual fee as set forth in this Ordinance. For all Classes of License Holders except holders of a Fraternal License, which shall be charged $100.00 for said additional license permitting outdoor events. I. Revocation (1) In addition to those restrictions stated above all Class G outdoor licenses shall be subject to all the limitation and restrictions set out in the Liquor Control Ordinance 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 standard set forth herein, or any other applicable restriction set out in the ordinance as 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 4 specified in the license. Renewal fees are the same as application fees. In all other respects the Liquor Control Ordinance and all its amendments shall remain in full force and effect. If any portion of the amendment is found invalid the remainder shall remain in full force and effect. PASSED THIS DAY OF , 1997. MAYOR ATTEST: '�-- f ITY C RK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:\CLIENTS\CITYOFYO\ORDINANC\CHAP3 5