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Ordinance 2020-11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2020-11 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AMENDING THE REGULATIONS FOR LIQUOR LICENSES Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 25'day of February, 2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on February 27, 2020. Ordinance No. 2020-11 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING THE REGULATIONS FOR LIQUOR LICENSES WHEREAS, the United City of Yorkville (the "Cary") 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 511-1 et seq.) the corporate authorities have the power to determine the number, kind and classification of liquor licenses and the regulations for the sale of alcoholic beverages; 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, Section 3-3-1: Definitions of the Yorkville City Code be and is hereby amended by adding the following: "F. "Video gaming cafe" means a business which serves wine, beer, or liquor, with or without food, where more than fifty percent (50%) of the revenue of the business is derived from video gaming. Video gaming cafes include establishments whose primary focus or major focus is video gaming and the service of alcohol and food is secondary to the video gaming operation. G. "Gasoline service station" means a place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the services of automobiles, mechanical or manual washing of automobiles, but not including major automobile repairs. Gasoline service stations shall not include sale or storage of automobiles or trailers(new or used)." Section 2: That Title 3, Chapter 3, Sections 3-34A1 and 3-3-4A2 of the Yorkville City Code be and is hereby amended to read as follows: "A. Classes: The classifications of liquor license holders shall be as follows: 1. Retail-tavern/bar: A-1 Beer, wine, liquor and package (excluding gasoline service stations and video gaming cafes) A-2 Beer, wine and liquor(excluding gasoline service stations and video gaming cafes) A-3 Beer, wine, liquor and package in conjunction with a gasoline service station A-4 Beer, wine and liquor service at video gaming cafes Ordinance No.2020-11 Page 2 2. Restaurant: R-1 Beer, wine, liquor and package (excluding video gaming cafes) R-2 Beer, wine and liquor(excluding video gaming cafes)" I Section 3: That Title 3, Chapter 3, Section 3-3-4A4, the paragraph titled BG - Bar and Grill of the Yorkville City Code be and is hereby amended to read as follows: "BG — Bar and Grill (excluding video gaming cafes). These licenses shall be treated during the daytime until nine o'clock(9:00) P.M. as an R1 restaurant, and thereafter until closing each day as an A2 retail-tavern/bar." Section 4: That Title 3, Chapter 3, Section 3-34A4 of the Yorkville City Code be and the same is hereby amended by deleting paragraph (b) under the definition of CA-Catering and replacing the definition of CA-Catering with the following: "CA-Catering. Authorizes the licensee to sell alcoholic liquor in connection with the operation of a catering business with its business license location within the City to sell to the general public alcoholic liquor in its original packages only, for consumption at a private party in the City when the food for said party is prepared by the license." Section 5: That Title 3, Chapter 3, Section 3-34A of the Yorkville City Code is hereby amended by deleting "GBS-wine/beer/champagne gift baskets from the list of"Other Licenses". Section 6: That Title 3, Chapter 3, Section 3-3-5 of the Yorkville City Code is hereby amended by deleting said Section in the entirety and replacing it with the following: I i 1. Retail-tavern bar: Al Beer, wine, liquor and package (excluding gasoline $1,750.00 service stations and video gaming cafes A2 Beer, wine and liquor (excluding gasoline service stations $1,200.00 and video gaming cafes A3 Beer, wine, liquor and package (gasoline service station $1,750.00 only) A4 Beer, wine and liquor service at video gaming cafes $1,200.00 2. Restaurant: R1 Beer, wine, liquor and package (excluding video gaming $1,250.00 cafes R2 Beer, wine and liquor(excluding video gaining cafes $ 850.00 I Ordinance No.2020-11 Page 3 3. Package: B Beer, wine and liquor(carryout only) $1,250.00 B 1 Beer and wine (carryout only) $1,050.00 4. Other Licenses: BG Bar and Grill (excluding video gaming cafes) $1,450.00 BH Banquet hall $1,750.00 C Club (non-profit,private, fraternal $500.00 CA Catering $750.00 F Service from premises on City right-of-way available only to $250.00 the adjacent Class A, R or C license holder for an additional annual fee G Beer garden/patio service (available only to Class A, R or C $250.00 license holders for an additional amount annually) GC Golf Course $2,000.00 H Hotel/motel—beer, wine and liquor $2,000.00 J Bring Your Own $50.00 L Brewery $1,750.00 M I Microbrewery/brewpub $1,750.00 MD Microdistillery $1,500.00 S Sorts complex $1,050.00 SE S ecial event fee optional at Mayor's discretion $50.00 SNC Wine or beer at no charge in conjunction with an exhibition, $10.00 instruction or service for which a fee is charged T Temporary (fee is per permit) (fee is optional at Mayor's $35.00 discretion Section 7. That Title 3, Chapter 3, Section 3-3-6 is hereby amended by deleting said Section in its entirety and replacing it with the following: "3-3-6: Number of Licenses: A. No limitation shall be in effect within the City as to the maximum number of liquor license holders, except with reference to: 1. Number of Licenses for Classes A-1 and A-2 combined shall not exceed the number of six (6) licenses issued at any given time. 2. Number of Licenses for Class A-3-beer, wine, liquor and package in conjunction with a gasoline service station shall be one (1). Said A-3 license as a Class shall be eliminated upon failure to renew or failure to operate as a gasoline service station. Ordinance No.2020-11 Page 4 3. Number of Licenses for Class A-4-beer, wine and liquor at video gaming cafes shall not exceed a total of two (2)which number shall be reduced if a current license holder fails to renew or fails to operate a video gaming cafe and upon failure to renew or failure to operate a video gaming cafe the license shall be eliminated until the Class A-4 is removed from the Class of Licenses under Section 3-3-4. 4. Number of Licenses for all other classes shall have no maximum number established." Section 8. 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 25''day of February, 2020. City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 02-7-6 day of F56RUA-g y , 2020. J Mayor Attest: City Clerk Ordinance No.2020-11 Page 5