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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 1 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 2 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. 3 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 4 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 5 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 6 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 7 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 8 4 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 9