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TO: Mayor Richard C. Irvin
FROM: Wendy McCambridge, City Clerk
DATE: November 16, 2018
SUBJECT:
An Ordinance Amending Chapter 6 of the City of Aurora Code of Ordinances Entitled "Alcoholic Liquor".
PURPOSE:
The purpose of this memo is to make edits to the chapter to strengthen the hearing procedures and update State Compiled Statutes references.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015, 2016, 2017, and 2018.
DISCUSSION:
The current hearing procedure section is not compatible with other established hearing procedures by the City and does not clearly define the process and procedures and remedies available to the local liquor control commissioner. The code was also in need of editing to remove all fines and fees that will be introduced and enforced in a separate resolution. This modernization of the code also introduces the ability of delivery of alcohol in limited circumstances.
Definitions
Alcohol related public nuisance activity- new definition that provides guidance for the new process in determining an establishment is an alcohol related public nuisance. This definition ties into the newly created process for liquor control hearings and the ability to have avenues for abating the unwanted behaviors.
Nuisance activity- changes to the definition to make it to be more proactive instead of reactive. The new language allows for the City to take swift disciplinary actions and not be dependent on lengthy court proceedings. This allows for the license holder to be able to make corrections to operations in direct response to an event. Adds Building violations to the list of nuisance activity.
Local Liquor Control Commissioner. Clarifies in one section the duties, powers and responsibilities of the local liquor control commissioner. Extends to the corporation counsel or assistant corporation counsel the power to enter a licensed premise at any time.
Updating reference to the State Compiled Statutes. Where needed updates the code to the current reference for the corresponding State Compiled Statutes.
Removes fees and fines. All fees and fines are being removed from this Chapter of the Code and will be approved by separate resolution to allow for more agility and flexibility in the changes to these fees and fines in the future.
Clear references to other section in the Code. Throughout this chapter there are references to other sections of the same chapter and other sections of the code. These references have been updated and have been inserted when there was question of where to find the corresponding reference.
Classification of Licenses. Combination of the limited menu licenses with the corresponding license to allow for all who hold the restaurant or recreation facility license to be able to choose whether or not to have a limited menu provided that the restrictions are adhered to by those licensees.
Drive-through and delivery service. Drive through service continues to be prohibited, however, recently grocery stores have requested the ability to deliver alcohol purchased by the store online or through an app to a specified spot in the parking lot. This change will enable the licensees to be updated with this new service.
New Year’s Day extended hours. Allows for greater specificity in the expectations for the allowance for eligibility for extended hours for the holiday.
Hearing and Notice Procedures. Provides structure and flexibility for the Local Liquor Control Commissioner to and the procedures for liquor hearings. This hearing procedure coincides with the hearing procedures the city has adopted for other processes. The procedures also allows for an abatement plan to be adopted and consequences for the failure in adhering to the plan.
RECOMMENDATION:
It is recommended the proposed changes to Chapter 6 of the City of Aurora Code of Ordinances entitled “Alcoholic Liquor” be forwarded to the Committee of the Whole.
cc: Special Ordinance Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 6 of the City of Aurora Code of Ordinances Entitled "Alcoholic Liquor".
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of Aurora to amend its ordinances regarding Alcoholic Liquor.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 6 of the City of Aurora Code of Ordinances shall be and hereby is amended as set forth in Exhibit A:
Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.