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Ordinance 1979-16A i.L JiJ ORDINANCE NO. 7� AN ORDINANCE REVISING AND CODIFYING AN ORDINANCE CONCERNING ALCOHOLIC LIQUORS WHEREAS, the UNITED CITY OF THE VILLAGE OF YORKVILLE has heretofore adopted an Ordinance governing the licensing and sale of alcoholic liquors within the corporate limits of the City, and WHEREAS, said Ordinance was adopted on the 21st day of April, 1960, and has been from time to time amended by ordinance of the Council, and WHEREAS, the City Council desires to codify all existing regulations and ordinances into a single comprehensive ordinance, and repeal all prior ordinances regulating and controlling the licensing and sale of alcoholic beverages at retail. NOW, THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, an ordinance to regulate, control and restrict the sale of alcoholic liquors and licensing for the retail sale of alcoholic liquors within - the UNITED CITY OF THE VILLAGE OF YORKVILLE, is adopted in the form as follows: SECTION 1 DEFINITIONS Unless the context otherwise requires , the words "beer" , "alcoholic liquor" , "original package" , "retailer" , "restaurant" . "club" "hotel" "to sell" "sale" "sell at retail" shall have the same meaning and definition as said words have and are defined in "An Act Relating to Alcoholic Liquors" (Approved January 31, 1934) as amended. "Local Commissioner" , shall mean the Mayor of the City in his capacity as Local Liquor Control Commissioner, as defined in Section 2 of Article IV of the State Liquor Control Act, together with any persons appointed by the Mayor, with the advice and consent Ac, 1�/ % of the City Council, to assist him in the exercise of the powers and the performance of the duties herein provided for such Liquor Control Commissioner. SECTION 2 LICENSE REQUIRED It shall be unlawful for any person, firm or corporation, to sell at retail alcoholic liquor within the corporate limits of the UNITED CITY OF THE VILLAGE OF YORKVILLE without having a license so to do, issued by the Local Commissioner, as provided by the State Liquor Control Act or in violation of the terms of this ordinance. SECTION 3 CLASS OF LICENSE Licenses to sell alcoholic liquor shall be of the following kinds and classes: RETAIL CLASS RESTAURANT CLASS PACKAGE CLASS A retail. class license, a club class license, and a restaurant class license shall entitle the licensee to sell at retail all alcoholic 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. 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 years license fee may be paid in advance, in the discretion of the Local Commissioner. -2- 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. SECTION 5 TEMPORARY PERMIT The Local Liquor Control Commissioner, with the advice and consent of the City Council, shall have power to issue a temporary permit for the sale of alcoholic liquor to be consumed on the premises at a banquet, picnic, bazaar, fair or similar private or public assembly where food or drink is sold, served or dispensed. Such temporary permit shall be issued only to a club, society, fraternal or benevolent organization, not for pecuniary profit, and shall be of a period of not more than three (3) days. Not more than one temporary permit shall be granted to any one organization in any one period of one hundred and twenty (120) days. SECTION 6 NONTRANSFERABILITY OF LICENSE All Licenses issued hereunder shall partake of all the qualities of a license as set forth in the State Liquor Control Act and shall not be alienated or transferred except under conditions similar to those set forth in Article VI, Section 1 of the aforesaid -3- /&'W/9 79 State Liquor Control Act, and no refund of any license fee shall be made except in case of death or insolvency of the licensee or in case of cessation of business caused by a local option vote under the State Liquor Control Act; provided, further, a licensee may be permitted to change locations, in like manner as provided in case of a license issued under the State Liquor Control Act, and provided such location complies with the provisions of this ordinance. SECTION 7 PLACE OF SALE All the territory within the UNITED CITY OF THE VILLAGE OF YORKVILLE is determined to be predominately residential in character other than the following portions, to-wit: Commencing at the intersection of the center line of Route 47, also known as 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 inter- sects 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 -4- A0 lip 19?7 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, and in addition thereto, the following described territory, to-wit: Commencing at the intersection of the center line of Illinois State Route No. 47, sometimes known as Bridge Street, and the center line of U. S. Highway Route No. 34 , and running north along the center line of Illinois State Route No. 47 a dis- tance of 1605 feet; thence in a westerly direction parallel to the center line of the said U. S, Route No. 34 to the West bank of the Blackberry Creek, thence southerly along the west bank of the Blackberry Creek to the center line of U. S. Route No. 34; thence east along the center line of U. S . Route No. 34 to the point of beginning. It shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the UNITED CITY OF THE VILLAGE OF YORKVILLE, and it shall be un- lawful to peddle alcoholic liquor in said City, and except in the case of a sale by a manufacturer to a consumer, as provided in the State Liquor Control Act, all sales shall be made on the licensed premises. SECTION 8 PERMIT'T'ED USES The permitted uses of the three classes of liquor licenses, they being RETAIL CLASS, RESTAURANT CLASS and PACKAGE CLASS, are as follows: 1. RETAIL CLASS LICENSE - Retail licenses shall authorize the licensee to sell to the general public, alcoholic liquor in packages or by the drink, for consumption on or off the premises where sold. 2 . PACKAGE CLASS LICENSE - Package licenses shall authorize the sale on the premises specified, all kinds of legalized 16.14 alcoholic liquors, by and in their original package for consumption off the premises. 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. SECTION 9 COMPLIANCE WITH STATE LAW The violation of any licensee of or failure to comply with any of the provisions of the State Liquor Control Act shall constitute a violation of this ordinance. SECTION 10 SALE TO MINORS PROHIBITED No licensee, shall sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person, or to any person known by him to be an habitual drunkard, spendthrift, or insane, feeble-minded or distracted person. -6- i SECTION 11 GAMBLING PROHIBITED No gambling device shall be kept or used for the purpose of gambling in any place of business for which a license has been issued. Gambling of all kinds shall not be permitted in said place of business. SECTION 12 APPLICATIONS The Local Liquor Control Commissioner, shall grant liquor licenses in accordance with the provisions of the laws of the State of Illinois and provisions of this ordinance. Any person desiring a license under this ordinance shall make application to the Local Liquor Commissioner to be filed with the City Clerk, who shall provide a blank form for that purpose, in such form as may be designated by the Local Liquor Control Commissioner. The application shall be sworn to by the applicant, if an individual, and by at least two (2) members of any partnership applying for such license. Applicants by corporations shall be subscribed and sworn to by the President and attested by the Secretary thereof. All applications shall be accompa- nied by a deposit, equal to an amount to the license fee payable up until the next payment or renewal date. All applications shall set forth such facts as may be necessary to show that the applicant is entitled to a license until the laws of the State of Illinois, and this ordinance, including a description of the premises to be used by the licensee under the license. SECTION 13 DISPLAY OF LICENSE A retail license of any kind shall permit the sale of alcoholic liquor only in the premises described in the application and license, and all licenses issued shall contain a description of the premises, and such licenses shall be kept posted in a conspicuous -7- /C-14 place on the premises, SECTION 14 LIST OF LICENSES MAINTAINED The Local Commissioner shall furnish the City Clerk and Chief of Police of said City with a record of all licenses issued by him, and in case of revocation of any license, shall give written notice of such action to each of such officers within forty-eight (48) hours of such action. SECTION 15 CONDITION OF PREMISES All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition. SECTION 16 EMPLOYEES OF LICENSEES It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious or venereal disease; and it shall be unlawful for any person who is affiliated with, or who is a carrier of any such disease to work in or about any premises or to engage in any way in the handling of such liquor. SECTION 17 DANCING PROHIBITED No dancing shall be permitted in any retail class licensed premises. SECTION 18 USE OF LICENSE FEES All license fees collected hereunder shall be first used for the enforcement of this ordinance, and any balance remaining shall be deposited in the general corporate fund, or such other fund as shall -8- ')&4 have been designated by the City Council by proper and legal action. SECTION 19 SEVERABILITY If any section or provision or part of this ordinance shall be invalid, or be held to be in conflict with the State Liquor Control Act, then the remaining sections, provisions or parts shall be construed as though the invalid or conflicting provision had not been contained herein, and shall remain in full force and effect. SECTION 20 HOURS OF OPERATION All licensed premises, shall be cleared of customers and remain closed and not open to the public, customers or guests, during the time sales are not permitted, and no person other than the licensee, or his employees and agents, shall be permitted on said premises during such time, and then only for the purpose of cleaning, preparing and arranging stock, and it shall be unlawful for any licensee to sell or offer for sale at retail any alcoholic liquor in the UNITED CITY OF THE VILLAGE OF YORKVILLE, except as permitted for the following hours: A. Monday through Thursday, inclusive -- permitted hours of sale -- 7: 00 o'clock a.m, to 12: 00 o 'clock midnight; B. Friday -- permitted hours of sale -- 7 : 00 o 'clock a.m. to 1: 00 a.m. Saturday; C. Saturday -- permitted hours of sale -- 7 : 00 o 'clock a.m. to 1: 00 a.m. Sunday; and D. Sunday -- permitted hours of sale -- 12 : 00 o 'clock noon to 12 : 00 o 'clock midnight. The times given shall be Central Standard Time unless so-called Daylight Savings Time shall be in effect in the UNITED CITY OF THE VILLAGE OF YORKVILLE by virtue of any, ordinance or resolutions of said City or the laws of this State, in which case such time shall apply. SECTION 21 NUMBER OF LICENSES It is hereby determined that number two (2) shall be 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 four (4) 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. SECTION 22 CRIMINAL PENALTIES Any person or corporation violating any of the provisions of this ordinance shall be guilty of a Class "A" Misdemeanor, and -10- a separate offense shall be deemed to have been committed on each day any such offense is committed. In addition to the imposition of any fine or penalty imposed by law, the Local Liquor Commissioner, in accordance with provisions of "An Act Relating to Alcoholic Liquors" may suspend or revoke the license of any licensee in accordance with such act. SECTION 23 That this Ordinance shall repeal all other Ordinances concerning alcoholic liquors of the UNITED CITY OF THE VILLAGE OF YORKVILLE heretofore passed and adopted. SECTION 24 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. , 1979. City e APPROVED this L>?7T/c day of A.D. , 1979. a Or -11- �� A