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Ordinance 2010-40 Ordinance No. 2010 - 16 AD AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR LIQUOR CONTROL WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 -1, et seq., (the "Liquor Control Act ") sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the regulations pertaining to the sale of liquor as set forth in the City Code of the United City of Yorkville as set forth herein. I NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Chapter 3, Section 4, Subsection (A)(4) of the City Code is hereby amended by adding the following: M — Microbrewery /Brew Pub - a restaurant - brewery that brews beer primarily for sale in a restaurant and is dispensed directly from the brewery's storage tanks. a. Authorizes the licensee to manufacture beer products on the licensed premises and to make sales at retail of alcoholic liquor, including, but not limited, to the manufactured beer products for both on- premise and off - premise consumption. All sales must be in a hand - capped, sealed container with a total maximum production of 15,000 barrels per calendar year (465,000 gallons) inclusive of on- premise and off - premise sales. One (1) U.S. barrel is equivalent to thirty -one (3 1) gallons. Microbrewery/brew pub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall not be more than twenty -five percent (25 %) of the total floor area. Section 2. Title 3, Chapter 3, Section 4, Subsection (B) of the City Code is hereby amended by adding the following new subsection 5: A holder of a class M license may furthermore be permitted to allow the sampling and /or tasting of the products being sold subject to the following restrictions: a. The administration of such sampling and /or tasting shall be done under the supervision of a department manager or facility manager, and the actual serving shall be done only by a person over the age of twenty one (21) years; and b. The sampling and /or tasting, consumption, or possession of any alcoholic liquor by any person under the age of twenty one (2 1) years is strictly prohibited, and the server of such sample and /or taste will bear the responsibility of enforcing such prohibition; and c. The sampling and /or tasting shall not exceed six (6) hours for each day of such sampling and /or tasting; and d. Sampling and /or tasting must occur in a single designated location; multiple locations are strictly prohibited; and e. The samples and /or tastes shall be limited to two (2) ounces or less of beer and /or wine, and the samples and /or tastes shall be limited to one or two (2) ounces or less of liquor. f. The number of products to be sampled or tasted on any one day shall be limited to three (3) or less. Section 3. Title 3, Chapter 3, Section 5, Subsection (13)(4) of the City Code is hereby amended by adding the following: M — Microbrewery /Brew Pub $1500.00 Section 4. 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 a"1 Day of n , A.D. 2010. T a TY CL K ROBYN SUTCLIFF rs, e DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER v,c WALTER WERDERICH vk MARTY MUNNS ROSE ANN SPEARS 4A GEORGE GILSON, JR. �. 2 i Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o� Day of ,4uG US i , A.D. 2010. MAYOR i I { I i i I 3