Ordinance 2017-54 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2017-54
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,ADDING OUTDOOR LIQUOR LICENSE REGULATIONS FOR PATIO
SERVICE ADJACENT TO LICENSED PREMISES IN THE CITY'S RIGHT-OF-WAY
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 24"'day of October,2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on November 30,2017.
Ordinance No. 2017---F
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,]KENDALL COUNTY,
ILLINOIS,ADDING OUTDOOR LIQUOR LICENSE REGULATIONS FOR PATIO
SERVICE ADJACENT TO LICENSED PREMISES IN THE CITY'S RIGHT-OF-WAY
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, section 6-15 of the Liquor Control Act, as amended (235 ILCS 5/6-15)
authorizes the City to allow the sale and consumption of alcoholic beverages on property
belonging to or under the control of the City in compliance with the regulations of the City; and,
WHEREAS, pursuant to section 4-1 of the Liquor Control Act, as amended, (235 ILCS
5/1-1 et seq.) the corporate authorities have the power to determine the regulations for the sale
and consumption of alcoholic beverages on City property; and in addition pursuant to its powers
to protect the public's health,welfare and safety this Ordinance is hereby adopted.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Title 3, Chapter 3, Subsection 3-3-4-5, of the Yorkville City Code, as
amended,be and is hereby amended to read as follows: (changes underlined)
113-3-4-5: OUTDOOR LIQUOR LICENSE:
A. Licenses Required For Outdoor Sale and Service: It shall be unlawful for any licensee or
person, firm, corporation,partnership or club to sell, offer to sell or serve any alcoholic liquor
from an outdoor location adjacent to the building premises without first:
1. Obtaining a class F license as authorized and regulated in this section for premises on
adjacent Citeses t-of-waw
2. Obtaining a class G license as authorized and regulated in this section for beer
garden/patio service on the property of an existing Licensee's building premise; and
2. Being a license holder in good standing of a class A, R or C license.
B. Entertainment: No entertainment shall be allowed on the premises of a class F license and it
shall be unlawful for any holder of a class G license to play or cause to play amplified music or
cause to have performed such other forms of entertainment by means or use of electronic
amplification except during the following times and following days (unless otherwise when
extended by the mayor at his discretion), and then only when all other applicable city ordinances
have been adhered to:
1. Friday and Saturday: Twelve o'clock(12:00)noon to ten o'clock(10:00)P.M.
2. Sundays and legal holidays recognized by the federal government: Twelve o'clock
(12:00)noon to eight o'clock(8:00)P.M.; except that on the following Sundays when the
hours shall be extended to ten o'clock(10:00)P.M.:
Ordinance No.2017- 5q
Page 2
a. The Sunday before July 4, when the Fourth falls on Monday.
b. The Sunday before Memorial Day.
c. The Sunday before Labor Day.
3. Amplified music or other entertainment shall not be presented in such a manner so that
it can be heard more than seventy five feet(75) from the premises which holds the
license.
C. Restrictions: It shall be the affirmative duty of the license holder as a condition of a class F or
G license to maintain and perform the following requirements:
1. Presentation and continued maintenance of a certificate of insurance with the city for
coverage of the outdoor service area, including all applicable dramshop insurance for
both class F and G licenses and commercial general liability coverage for class F
licenses.
2. Outdoor service and consumption of alcohol shall be in an identified cordoned off area,
as approved by the city liquor control commissioner. The area must be owned or leased
by a class G license holder or for a class F license in compliance with the Zoning
Ordinance and authorized by the city.
D. Establishment Restrictions:
1. A4eehelie beverages shall erAy be seFved to or-eensumed by these outdoor-patfens
d ring times at whieh food is being seFved en the . No alcoholic beverage shall be
sold, served or consumed in the outdoor service area of a Class F license after 11:00 P.M.
each day until 6:00 A.M. of the following day
2. Alcoholic beverages consumed in the outdoor area must be purchased on the premises
where the outdoor area is permitted by the city liquor license.
3. Entrance and exit points for the outdoor area shall be restricted as approved by the city
liquor control commissioner. There shall be one emergency exit for the area outside of
the building.
A No .,1...,heli\beverages.,F any kin �t,.,ll be s ,e i the,.utdoer-a .lass-
'T• 1\V GL1W11VIlV VV o
eentaifiefs.
E. Application:
1. Application for permission to conduct such outdoor retail sale or service of alcohol
shall be in writing in the standard license application form for any liquor license in the
city, and shall additionally state the dates for the requested license and a diagram of the
outdoor area upon which the sale and consumption will occur.
2. The fee for a class F or G outdoor license shall be two hundred fifty dollars($250.00)
annually as set forth in this chapter for all classes of license holders except holders of a
fraternal license, which shall be charged one hundred dollars ($100.00) for said additional
license that permits outdoor events.
F. Revocation:
1. In addition to those restrictions stated above, all class F and G outdoor licenses shall be
subject to all the limitations and restrictions set out in this chapter, state statutes and
Zoning Ordinance. The license holder's current buildingrn emise license is subject to the
terms and restrictions of the outdoor license.
Ordinance No.2017-Sy
Page 3
2. The local liquor commissioner may revoke the outdoor license for violation of the
standards set forth herein, or any other applicable restriction set out by state statute. The
commissioner may also consider revocation of the holder's building premise license in
addition to the revocation of the outdoor license based on any violation of the restrictions
applicable to either the building pLemise license or outdoor license.
G. Renewal: Outdoor licenses are renewable on a yearly basis and shall be valid for only those
months specified in the license. Renewal fees are the same as application fees."
Section 2: That Title 3, Chapter 3, Subsection 3-3-5B4, of the Yorkville City Code, as
amended,be and is hereby amended by adding the following:
"F–Service from premises on City right-of-way available only to the adjacent
class A, R, or C license holder for an additional annual fee $250.00"
Section 3: This Ordinance shall be in full force and effect upon its passage, approval,
and publication in pamphlet form as provided by law.
Passed by thTQitZ
ouncil of the United City of Yorkville, Kendall County, Illinois this -2
day of r , 2017.
CITY CL RK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
C �
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this JO
day of O CTO 3E�— 2017.
AWW
OR
Ordinance No.2017-=
Page 4