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Ordinance 2019-37 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-37 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING THE YORKVILLE CITY CODE LIQUOR CONTROL Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 231 day of July,2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 31,2019. Ordinance No. 2019-37 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING THE YORKVILLE CITY CODE LIQUOR CONTROL WHEREAS, the United City of Yorkville, Kendall County, Illinois (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, pursuant to section 5/4-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 5/1-1 et seq.)the corporate authorities have the power to determine the regulations for the application for a liquor license. 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 of the Yorkville City Code is hereby amended by deleting Section 3-3-3, in the entirety and replacing it with the following: "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 chapter. Any person desiring a license under this chapter shall make application to the Local Liquor Control 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. Applications by corporations shall be subscribed and sworn to by the president and attested by the secretary thereof. All nonrenewal applications shall include a nonrefundable license application fee of three hundred fifty dollars ($350.00) to cover application handling and the costs to conduct background investigations of the applicants. All applications shall set forth such facts as may be necessary to show that the applicant is entitled to a license under the laws of the State and this chapter, including a description of the premises to be used by the licensee under the license. Each licensee shall make application for renewal of his or her license to the Liquor Control Commissioner not less than thirty (30) days prior to the end of the licensing period. If a renewal applicant is not timely in his renewal application, additional fees will be assessed. Any renewal applicant submitting an application Ordinance No.2019-37 Page 2 for renewal less than thirty (30) days but not less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of one hundred dollars ($100.00). Any renewal applicant submitting an application for renewal less than seven (7) days prior to the end of the licensing period will be assessed an additional fee of seven hundred fifty dollars ($750.00). The annual license fee for the license must accompany the renewal application. If the Liquor Control Commissioner determines that the renewal application contains information that is in any way changed from the original application for license, in which case a new investigation of the license is necessary, a fee of one hundred dollars ($100.00) shall be charged to the licensee to cover the costs of such investigation, in addition to the yearly license fee. If, after investigation, it is determined that the applicant is not entitled to a renewal license, the yearly license fee shall be returned. The charge for the investigation is nonrefundable. A renewal license shall be issued provided the licensee is entitled to receive a license and provided that the premises for which renewal license is sought are suitable for such purposes; provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Corporate Authorities from decreasing the number of licenses to be issued within the City. In the event that the City shall reduce the number of licenses below that number issued in the prior year and the number of applicants do not decrease such as to be equal to or less than the number of available licenses, the Liquor Control Commissioner, in determining which licenses to renew such that the number of licenses issued is equal to the number of available licenses, may consider the date of application, years holding prior licenses, adequate service to areas in City, record of violations or any other reasonable basis." Section Z This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 23`d day of July, 2019. GCS City Clerk Ordinance No.2019-37 Page 3 KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON ABSENT APPROVE . J Mayor Attest: 9 eva- City Clerk Ordinance No.2019-37 Page 4