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Ordinance 2005-056 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005 -54 ORDINANCE AMENDING CITY CODE, TITLE 3, BUSINESS; CHAPTER 3 LIQUOR CONTROL REGARDING NEW CLASSIFICATIONS AND NEW ENFORCEMENT PROVISIONS Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 3, Business; Chapter 3 Liquor Control by adding classifications and adding provisions concerning enforcement, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 3 -3 -4 "Classes of Licenses" by adding classifications for Bar and Grill, Catering, Golf Course and Temporary /Special Event in the text as depicted on the attached Exhibit "A though D ", and correspondingly setting fees and limitation on the number of licenses in the newly created classifications in the text as depicted on the attached Exhibits "E" and "F" and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 3 -3 -18 "Violations and Penalties" by adding the new Section 3- 3 -18(C) as depicted on the attached Exhibit "G ". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 3, Chapter 3, "Liquor Control" of the City Code of the United City of Yorkville is hereby amended by adding the Classifications, setting Fees, Limiting Number and providing for Enforcement all as depicted on the attached Exhibits "A through G ". This Ordinance shall become effective upon passage. WANDA OHARE JOSEPH BESCO VALERIE BURD C_ PAUL JAMES DEAN WOLFER ,, MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this \a• Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this �_ day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -4 (A)(4) Other Licenses NEW CLASS `BG ": Bar and Grill: BG - -1 Bar and Grill. These licenses shall be treated during the daytime until 9:00 PM, as a R -1 Restaurant, and thereafter until closing each day as a A -2 Retail — Tavern Bar EXHIBIT "B" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -4 (A)(4) Other Licenses NEW CLASS "GC ": Golf Course GC — Golf Course. a. Authorizes the licensee to sell alcoholic liquor to its patrons and guests by the drink, for consumption in the clubhouse and on the golf course, and not for resale in any form. b. The license shall only be available for premises defined as a golf course /clubhouse herein which has a minimum of one hundred (100) total acres for an 18 -hole or greater course or a minimum of fifty (50) total acres for a 9 -hole course. c. Golf course%lubhouse means a public or private golf course with a clubhouse having facilities used, kept and maintained as a place where food is served, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests EXHIBIT "C" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -4 (A)(4) Other Licenses NEW CLASS "CA ": Catering Class CA -- Catering license. a. Authorizes the licensee to sell alcoholic liquor in connection with the operation of a catering business within the city. b. Authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption at a private party when the food for said party is prepared by the licensee. c. The license shall only be issued to persons who can demonstrate that they are operating a bona fide catering business with headquarters within the city. d. All food and beverage sales made by the licensee shall be made at the registered office of licensee, which shall be deemed the licensed premises. Such sales shall be subject to the applicable municipal taxes I EXHIBIT "D" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -4 (A)(4) Other Licenses NEW CLASS "T ": Temporary Sec. 6 -10. Temporary permits. (a) The local liquor control commissioner shall have authority to issue a temporary permit for 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. (b) Such temporary permit may be issued to a club, society, fraternal or benevolent organization or association which is organized not for pecuniary profit, and shall be for a period of not more than four (4) days. (c) No more than three (3) temporary permits may be granted to any organization during a calendar year. (d) Notwithstanding any of the above - mentioned provisions, a temporary liquor permit may be issued for the sale and consumption of alcoholic liquor at a regularly scheduled game or tournament at a privately owned sports stadium. Such permit shall be issued with the provision that the sale of alcoholic liquor cease at 10:30 p.m. and that the sale and consumption of alcoholic liquor not be allowed outside of the stadium area. (e) The fee for such permit shall be determined, from time to time, by separate ordinance or resolution of the city council, and shall accompany the written application. EXHIBIT "E" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -5 (D) License Fees and Terms, Subsection for "Other Licenses" Add to this Subsection "D" the following: BG -- Bar and Grill $ 1,200 /year CA -- Catering $ 500 /year GC -- Golf Course $ 2,000 /year T -- Temporary $ 35 /permit EXHIBIT "F" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -6 Number of Licenses Add to this Section a Paragraph "4" as follows: 4. The following Classes shall have the corresponding limit on the total number of licenses issued: BG -- Bar and Grill No Limit on Number of Licenses CA -- Catering No Limit on Number of Licenses GC -- Golf Course No Limit on Number of Licenses T -- Temporary No Limit on Number of Licenses EXHIBIT TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3 -3 -18 NEW SECTION "C" ADDITIONAL VIOLATIONS C. Additional Violations The local liquor control commissioner may determine that the licensee is in violation of the Chapter if he determines that the licensee has violated any of the following provisions: (1) The licensee has violated any law of the state, any ordinance of the county, or any ordinance of the United City of Yorkville, which affects the public health, welfare and safety (including but not limited to the zoning and building regulations of the City) and which violation occurred as part of the operation of the licensee's business or upon the licensed premises or adjacent premises. (2) The licensee is more than forty -five (45) days delinquent in the payment of any debt to the city. (3) For the purposes of this section, every licensee shall be deemed responsible for the acts of his agents or employees whether or not such licensee knowingly permits or has actual knowledge of such unlawful acts stated in this section. (4) Notwithstanding any other provision of this Code, offenders under this section shall be fined an amount of not less than $250 per occurance.