Ordinance 1996-01 STATE OF ILLINOIS ) 1/2/96
ss
COUNTY OF KENDALL )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3 OF THE YORKVILLE
MUNICIPAL CODE TO PROVIDE CLASSIFICATION OF i.i�.����a�Pc
LICENSES, TO SET LICENSE FEES, AND TO PROVIDE FOR CERTAIN
AMENDMENTS AND DEFINITIONS
WHEREAS, THE UNITED CITY OF THE VILLAGE OF YORKVILLE, after careful
consideration by 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 the current and future license holders
for a new classification of Liquor Licenses; and
WHEREAS, the size of the Business Community has increased, and that in consideration
of the increased cost as a City to provide for control and monitoring of liquor serving
establishments, the City Council and the Mayor have determined it to be in the City's best
interest to modify the fees charged for Liquor Licenses consistent with the changes set out below;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF THE VILLAGE
OF YORKVILLE;
1. Section 3-3-1 of said City Liquor Control Ordinance shall be modified so as to add
a Sub-Section "C" which shall define the term Restaurant as follows:
"Restaurant" means any public place kept, used, maintained, advertised and held out to
the public as a place where meals are served, and where meals are actually and regularly
served, without sleeping accommodations, such space being provided with adequate and
sanitary kitchen and dining room equipment and capacity and having employed therein
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a sufficient number and kind of employees to prepare, cook and serve suitable food for
its guests. In further helping to define the term "Restaurant" as used herein, a restaurant
shall be considered to be any facility in which the chef or cook preparing food is a person
other than a bartender, and a facility in which the hours for sale of food are the exact
same as the hours for the sale of alcoholic beverages.
Any establishment other than a package liquor store or not-for-profit club, which reports
at least 50% of its gross sales as being from the sale of alcohol products, shall be conclusively
presumed to be Retail License Applicant, rather than entitled to a Restaurant Class License.
2. A) Section 3-3-4 shall be Amended as follows:
A. All existing classifications previously existing under this Section of the
Ordinance are hereby abolished.
The new classifications of Liquor License Holders shall be as follows:
RETAIL/TAVERN/BAR
Al - Beer, Wine, Liquor, & Package
A2 - Beer, Wine, Liquor
A3 - Beer, Wine, & Liquor (Service Bar only)
A4 - Beer & Wine (Service Bar only)
RESTAURANT
R1 - Beer, Wine, and Liquor
R2 - Beer, Wine, and Liquor (Service Bar only)
R3 - Beer and Wine (Service Bar)
A Holder of a Class Al-A4 License may additionally be permitted to have live
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entertainment on premises, subject to the terms and conditions and compliance with all
existing State Compiled Statutes and City Ordinances, including, but not limited to "An
Ordinance Amending City Liquor Control Ordinance of UNITED CITY OF THE
VILLAGE OF YORKVILLE No. 1994-2." The application cost for a holder of Al-A4
License to permit on-premises live entertainment shall be $300.00 per year, or $50 per
event, (events not to exceed a 24 hour period). -
PACKAGE
B - Beer, Wine, & Liquor (Canty Out only)
B 1 - Beer & Wine (Carry Out only)
OTHER LICENSES
C - Club (non-profit, private, fraternal)
G - Beer Garden/patio service (available only to A, R, or C License Holders for an
additional $250.00 annually)
SE - Special Events ($50.00 fee optional at Mayor's discretion). Special Events shall be
defined as an event in which alcoholic beverages are being served, or for which public
entertainment is desired by a holder of a valid City Liquor License. A Special Event
shall be determined to be not excess of three (3) days continuous in duration, and said
License shall be issued to a current City Liquor License holder for either entertainment
or Special Events serving of alcoholic beverages for the fee set out above. In the event
a Special Event occurs for a duration of more than three (3) days continuous, a second
or separate Special Events License may be requested together with the payment of an
additional $50.00 License Fee.
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B) USES PERMITTED: The introductory paragraph and sub-sections B1, B2, B4, B5
and B6 of the existing Ordinance are hereby deleted.
Inserted and effective as paragraph B(1) of said Ordinance shall be as follows:
A holder of any liquor license within the UNITED CITY OF THE VILLAGE OF
YORKVILLE shall be entitled to sell and advertise for sale, those products for which the
applicant is permitted to sell under the classification of its license pursuant to Section 3-34A of
this Ordinance.
3. Section 3-3-5: License Fees and terms shall be amended as follows:
A) All existing fee schedules are revoked.
B) The introductory paragraph of Section 3-3-5 is amended as follows:
License Fees and Terms: The license fees for licenses to sell alcoholic liquors
in the City shall, with the exception of subsections B, B1, C, G, and SE, be for
each ensuing six (6) month period or fraction thereof, payable semi-annually in
advance, and all licenses shall be issued for a six (6) month period, expiring on
April 30 or October 31, as the case may be; provided, however, that a full year's
license fee may be paid in advance in the discretion of the Liquor Control
Commissioner.
C) The new yearly License Fee Structure is as follows:
RETAIL-TAVERN/BAR
Al - Beer, Wine, Liquor & Package 1,500.00
A2 - Beer, Wine & Liquor 1,200.00
A3 - Beer, Wine & Liquor (Service Bar only) 1,000.00
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A4 - Beer & Wine (Service Bar only) 800.00
RESTAURANT
R1 - Beer, Wine, and Liquor 1,000.00
R2 - Beer, Wine, and Liquor (Service Bar Only) 850.00
R3 - Beer and Wine (Service Bar) 800.00
No charge shall be imposed for the holder of a restaurant license having on-site
entertainment.
PACKAGE
B - Beer, Wine, & Liquor (Carry out only) 1,000.00
B 1 - Beer & wine (Carry out only) 800.00
OTHER LICENSES
C - Club (non-profit), private, fraternal) 500.00
G - Beer Garden/Patio Service (available only to A, R, or C License Holders for an
additional $250.00 annually)
SE - Special Events ($50.00 Fee optional at Mayor's Discretion)
4. Section 3-3-6 is hereby modified so as to provide that Section A, B, and C are deleted.
In its place, a new Section A is inserted hereby providing as follows:
No limitation shall be in effect within the UNITED CITY OF THE VILLAGE OF
YORKVILLE as to the maximum number of Liquor License Holders, except with reference to
holders of Class Al - A4 which shall not exceed the number of two licenses issued at any given
time in an area commencing at the intersection of the center line of Route 47, also known as
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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; 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.
The Liquor Control Commissioner shall further have a right to issue up to a total of two
additional Retail Type License inclusive of any of the three 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 UNITED CITY
OF THE VILLAGE OF YORKVILLE with respect to additional territories being developed and
annexed within the City. No licenses in excess of two additional Al-A4 class licenses inclusive
shall be issued outside of the downtown area without amendment of this Ordinance by the City
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Council.
5. Section 3-3-7 of said Ordinance is modified so as to provide the additional requirement
that each Liquor License Holder or Applicant shall file a current Certificate of Dram Shop
Insurance, which shall be and remain effective for the renewal or issuance term of the license.
Any holder of a City Liquor License shall notify the City Liquor Control Commissioner in
writing of any cancellation of Dram Shop Insurance, or change of Company for Dram Shop
Insurance within fourteen (14) days of receipt of notice of cancellation by the License Holder;
or within fourteen (14) days of receiving a Certificate of Insurance for a new Dram Shop
Insurance Company.
6. Section 3-3-10, of said Ordinance, Section A regulating the location of sale of Liquor
License Holders is hereby deleted in total.
7. Section 3-3-12Aa is hereby amended to delete the term Package Beer Class License
holder and shall refer to all retail, restaurant, or package license holders under the Amended
Ordinance.
Subsection B is amended to eliminate reference to Beer Class License and shall
henceforth refer to all Retail Class, Restaurant Class, and Package Class License holders.
8. Section 3-3-18 is hereby added to and shall be immediately effective as to said Liquor
License Ordinance.
Appeal of Liquor Commissioner Findings Limited to the Record.
All appeals to the State Liquor Control Commission by a City Liquor Licensee of
a decision, order or action by the Local Liquor Control commissioner or designee
having the effect of fining a licensee, suspending or revoking the City liquor
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t' •
license shall be limited to review of the official record of the formal proceeding
before the Commissioner.
9. In all other respects Section 3 of the Yorkville City Code shall remain unchanged and
in full force and effect.
10. That if any portion of this Amendment or of the Liquor Control Ordinance is deemed
invalid the remainder shall be valid and in full force.
11. Those paragraphs of Chapter 4 of the Municipal Code, entitled amusements and
amusement devices, are hereby revoked which require the individual issuance of a license to a
holder of a valid City Liquor License for purposes of entertainment. In all other respects Chapter
4 of the Municipal Code shall remain in full force and effect, it being the intention of the City
Council only to eliminate duel Licensing Fees for entertainment events held by the holder of a
valid City Liquor License holder which said Liquor License holder shall pay the entertainment
charge required under Chapter 3, Section 3 of the City Municipal Code.
12. All holders of any class of Liquor License within the UNITED CITY OF THE
VILLAGE OF YORKVILLE that disburse alcohol on their premises shall encourage their
Bartenders to attend a DASA Certified Bartender Training Class. It is the goal of the City to
encourage such license holders to have at least 75% of their Bartenders to have completed such
a program within twenty-four (24) months of the effective date of this Ordinance, and to have
100% compliance within thirty-six (36) months of the effective date of this ordinance.
In order to aid the City Liquor Control Commissioner to determine if voluntary
compliance is being had, the holder of each license with Bartenders shall tender a list of
bartender employees to the Liquor Control Commissioner at each license payment date, showing
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which employees of the licensee tend bar, and whether they have completed a DASA certified
Bartender Class.
In all other respects the restrictions set out in an "Ordinance Amending the City Liquor
Control Ordinance of THE UNTIED CITY OF THE VILLAGE OF YORKVILLE No. 1994-2"
shall remain in full force and effect governing the type of entertainment that may be held in any
establishment holding a valid City Liquor License.
PASSED AND APPROVED THIS /f DAY OF P N`P 1996
i
May
Attest:
I,aLQ.
C ty lerk
Prepared By:
Law Office of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708) 553-9500
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