Ordinance 1996-09 STATE OF ILLINOIS ) 8/8/96
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COUNTY OF KENDALL )
ORDINANCE NO. 9
AN ORDINANCE AMENDING ORDINANCE NO. 96-1 AMENDING
CHAPTER 3 OF THE YORKVILLE MUNICIPAL CODE
WHEREAS, THE UNITED CITY OF YORKVILLE, has recently amended their Liquor
Control Ordinance, Chapter 3 of the Municipal Code; and
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 the
current and future license holders and amend the provisions of the Amended Ordinance; 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
WHEREAS, the City Council has considered this amendment to address important public
concerns, and to prevent activity which may be injurious to the community and citizens as a
whole, to provide for the public health, and to prevent the deterioration of the business
community and environment.
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. Section 4 of the Ordinance Amending Title 3 of the Yorkville Municipal Code is
amended to include the following paragraph:
There shall be permitted not more than any one liquor license of any package (B or BI)
class in any shopping center up to 100,000 square feet of gross building floor area. There
will be available one additional liquor license of said package class for those shopping
centers in excess of 100,000 square feet of gross building floor area upon approval of the
liquor commissioner.
2. Section 2B) of the amended Ordinance shall be amended to add the following
prohibition:
No drive-through liquor sales for any class of liquor sales are allowed.
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It shall be unlawful for any person on any public right-of-way or other government owned
property, or in any area other than on private property within the City, or on property zoned and
occupied for residential purposes or public areas holding a valid City Liquor License for outside
service of alcohol or a Special Events License, to possess any alcoholic beverage outside of a
completely enclosed building, unless said beverage is in the original package with the seal
unbroken.
3. Section 3-3-12 of Title 3 of the Yorkville Municipal Code is amended to include the
following paragraphs:
C. ENTERTAINMENT
(1) Every licensee shall conduct his place of business in a quiet, decent and respectable
manner and shall eject therefrom or refuse admittance thereto all persons rendering themselves
objectionable or undesirable by reason of undue disturbance of the peace.
(2) Every licensee shall immediately report to the City Police any act by a person or
patron rendering himself objectionable, by causing undue disturbance, breach of peace or
unlawful conduct.
(3) No person licensed under the provisions hereof shall make or allow any obscene
language, quarreling, fighting or other disturbance of persons passing along any street or public
way in the vicinity thereof or to the disturbance of the peace and quiet of persons doing business
or residing in the neighborhood thereof.
(4) All licensees dispensing or serving food or alcoholic liquor shall be decently clothed.
Topless or similar attire is prohibited.
(5) It shall be unlawful for any persons, while acting as a waiter, waitress, bartender,
entertainer, vendor, or any other position to:
a) Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal
region or pubic hair region; or
b) Expose any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair
regions; or
c) Expose any portion of the female breast at or below the areola thereof.
It shall also be unlawful to allow any customer or any other person to perform any of the
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foregoing acts.
D. ON-SITE ACTIVITIES
IT SHALL FURTHER BE UNLAWFUL:
(1) For any licensee to permit or allow any waiter, waitress, bartender, entertainer, vendor
or any other employee or any person to commit any of the unlawful acts in this Section. A
person shall be deemed to be a waiter, waitress, bartender, vendor or entertainer if such person
acts in that capacity without regard to whether or not such person is paid any compensation by
the management of the establishment in which the activity is performed.
(2) For any licensee to permit or allow any act or form of entertainment which, when
considered as a whole, would be considered obscene (i.e., has its predominant appeal to prurient
interest) as such term is defined by state law.
(3) For any licensee to permit or allow any of the following: male or female striptease
(defined to be the removal of substantially all of their clothes), lingerie (either male or female)
fashion shows, lingerie raffles, wet T-shirt contests, mud or jello wrestling or wrestling in any
substance, and any similar contest or performance which would constitute obscene conduct as
defined pursuant to 720 ILCS 5/11-20(6)(b) as follows:
"Any material or performance is obscene if. (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it appeals
to the prurient interest; and (2) the average person, applying contemporary adult
community standards, would find that it depicts or describes, in a patently offensive way,
ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual
or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(3) taken as a whole, it lacks serious literary, artistic, political or scientific value".
(4) For any licensee to suffer in his premises or any part thereof or any places adjacent
thereto under his control any violation of this act.
(5) For any licensee to suffer or permit the following conduct on licensed premises:
a) Performance of acts, or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, or other sexual act.
b) The actual or simulated touching, caressing or fondling of the breasts, buttocks,
pubic hairs, anus or genitals.
c) The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva
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or genitals.
d) Permitting any person to remain upon licensed premises who exposes to public
view of portion of his or her breasts, buttocks, genitals, vulva, or anus.
(6) In the event any portion of this Ordinance is held by a Court of competent jurisdiction
to be invalid, said invalid portion shall be considered to be severed therefrom and the balance
shall remain in effect.
E. REVOCATION
The Local Liquor Control Commissioner in accordance with the provisions of the
State Liquor Control Act , and this ordinance , may suspend or revoke the license of any licensee
for violation of any of the prohibitions of this section (as with violations of any other section of
this chapter) in addition to any other penalties set forth in this act or provided for by law.
In all other respects the restrictions set out in an "Ordinance Amending the City Liquor
Control Ordinance of THE UNITED CITY OF YORKVILLE No. 1994-2" and any and all
subsequent amendments shall remain in full force and effect governing the type of entertainment
or service of alcohol that may be held or given in any establishment holding a valid City Liquor
License.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY
FROM AND AFTER THE DATE OF ITS PASSAG BY THE CITY COUNCIL.
C
DA E MAYOR
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DATE CL
PASSED AND APPROVED THIS 0 M DAY OF 1996.
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Prepared By: Attest:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560 C` Clerk
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