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Ordinance 1981-006 FHD: sb ORDINANCE NO. AN ORDINANCE AMENDING AN ORDINANCE CONCERNING ALCOHOLIC LIQUORS WHEREAS, the UNITED CITY OF THE VILLAGE OF YORKVILLE has heretofore adopted as Ordinance No. 16A-1979, on September 27 , 1979 , an Ordinance concerning the licensing and sale of alcoholic liquors within the corporate limits of the City, and WHEREAS, the City Council desires to create an additional Class of Licenses within the said City for the sale of package beer, only, at retail. NOW, THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, that Ordinance No. 16A-1979, dated September 27, 1979 , being entitled "An Ordinance Revising and Codifying An Ordinance Concerning Alcoholic Liquors" is amended as follows: That Section 3 be and the same is amended to read as follows: SECTION 3 CLASS OF LICENSE Licenses to sell alcoholic liquor shall be of the following kinds and classes: RETAIL CLASS RESTAURANT CLASS PACKAGE CLASS BEER CLASS PACKAGE BEER CLASS A retail class license, a beer license, and a restaurant class license shall entitle the licensee to sell at retail all alcoholic IeiP - & liquors, subject to the terms and conditions herein set forth at retail, only in the premises specified in such license, for use or consumption, but not for resale in any form. That Section 4 shall be amended to read as follows: SECTION 4 LICENSE FEE The license fee for a license to sell alcoholic liquors in the UNITED CITY OF THE VILLAGE OF YORKVILLE shall be as follows: RETAIL CLASS - The sum of $500. 00 for each ensuing six month period or fraction thereof, payable in advance, and all licenses shall be issued for a six 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 Local Commissioner. RESTAURANT CLASS - The sum of $175. 00 for each ensuing six month period or fraction thereof, payable in advance, and all licenses shall be issued for a six 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 Local Commissioner. PACKAGE CLASS - The sum of $250. 00 for each ensuing six month period or fraction thereof, payable in advance, and all licenses shall be issued for a six month period, ex- piring 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 Local Commissioner. BEER CLASS - (Consumption on premises only) The sum of -2- $250. 00 for each ensuing six month period or fraction thereof, payable in advance, and all licenses shall be issued for a six 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 Local Commissioner. PACKAGE BEER CLASS - The sum of $250. 00 for each ensuing six month period or fraction thereof, payable in advance , and all licenses shall be issued for a six 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 Local Commissioner. That Section 7 shall be amended to read as follows: SECTION 7 PERMITTED USES The permitted uses of the five classes of liquor licenses, they being RETAIL CLASS, RESTAURANT CLASS, PACKAGE CLASS, BEER CLASS, and PACKAGE BEER CLASS, are as follows: 1. RETAIL CLASS LICENSE - Retail licenses shall authorize the licensee to sell to the general public, alcoholic liquor in packages for consumption off the premises, or by the drink for consumption on the premises where sold. 2. PACKAGE CLASS LICENSE - Package licenses shall authorize the sale on the premises specified, all kinds of legalized alcoholic liquors, by and in their original package for consumption off the premises. -3- 3. RESTAURANT CLASS LICENSE - Restaurant licenses shall authorize the retail sale, on the premises specified, of all kinds of legalized alcoholic liquors, for consumption on the premises, other than packaged liquors, and shall be issued only to operators of restaurants. No public bar may be permitted in a restaurant which has been issued a restaurant license, and no alcoholic liquors shall be sold over or at any public bar or counter in said restaurant, which shall be served only to patrons or to customers of the restaurant who are seated for dining, during the hours meals are being served, and in conjunction with a meal, by waiter or waitresses employed by the licensee from a service bar in the kitchen area of the restaurant. No licenses shall be permitted on or about the premises advertising the sale of alcoholic liquors and no original package sale of alcoholic liquors shall be made by the licensee hereof. 4. BEER CLASS LICENSE - Beer licenses shall authorize the licensee to sell to the general public only beer for con- sumption on the premises where sold by the drink. 5. PACKAGE BEER CLASS LICENSE - Package Beer Class Licenses shall authorize the licensee to see to the general public only beer from the premises specified, by and in their original package for consumption off the premises only. That Section 19 shall be amended to read as follows: SECTION 19 NUMBER OF LICENSES It is hereby determined that number two (2) shall be -4- the maximum number of package licenses issued in the City of Yorkville, provided that if the population of the City of Yorkville, as determined by the latest Federal census, shall at any time exceed 4 , 000 persons, then for each 500 of population in excess of such 4, 000, one additional Package Class License may be permitted to be issued by the Local Commissioner; and, it is hereby further determined that the number one (1) shall be the maximum number of Restaurant Licenses issued in the UNITED CITY OF THE VILLAGE OF YORKVILLE; provided that, if the population of the City, as deter- mined by the latest Federal census, should at any time exceed 4, 000, then for each 500 of population in excess of such 4, 000, one additional Restaurant Class License may be permitted to be issued by the Local Commissioner; and it is hereby determined that the number three (3) shall be the maximum number of Retail Class Licenses issued in the UNITED CITY OF THE VILLAGE OF YORKVILLE; provided that, if the population of the City, as determined by the latest Federal census, should at any time exceed 4, 000, then for each 500 of population in excess of such 4 , 000, one additional Retail Class License to sell alcoholic liquors at retail may be permitted to be issued by the Local Commissioner; and it is hereby determined that the number one (1) shall be the maximum number of Beer Class Licenses issued in the UNITED CITY OF THE VILLAGE OF YORKVILLE; and it is hereby determined that the number one (1) shall be the maximum number of Package Beer Class Licenses issued in the UNITED CITY OF THE VILLAGE OF YORKVILLE. That in all other respects Ordinance No. 16A-1979 , being entitled "An Ordinance Revising and Codifying An Ordinance Concerning -5- r' Alcoholic Liquors" , as heretofore adopted and passed September 27 , 1979 , and not specifically amended herein by this Ordinance, is readopted as though fully set forth herein. That this Ordinance shall take effect and be in full force and effect from and after its passage and publication, as provided by law. PASSED this day of A.D. 1981. Cit Clerk APPROVED this 't day of A.D. 1981. Mayor ROLL CALL VOTE ; Alderman Dollman - Aye Alderman Simmons - Aye Alderman Jennings - Aye Alderman Beach - Aye Alderman York - Aye Alderman Harker - Aye Alderman Pierce - Aye Alderman Tilton - Absent. -6-