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TO: Mayor Thomas J. Weisner
FROM: Wendy McCambridge, City Clerk
DATE: June 17, 2016
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 recommend a new liquor class to the current liquor ordinance.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015 and 2016. In recent months the City of Aurora has been approached by an established business that would require a new liquor license class to be created to meet the needs of the business.
DISCUSSION:
The liquor class being recommended is for coffee shops. Starbucks has introduced a new concept for many of their stores during the late afternoon called Starbuck’s Evenings. The Starbuck’s Evenings would allow in the late afternoon and evening hours select stores to offer beer and wine to be sold by the glass to accompany an expanded food menu with new hot and cold offerings. By creating this class Starbuck’s would be able to operate this concept in the store located at 2948 Kirk Road in Aurora.
Changes to Current Classifications:
Class P - Coffee Shop License
• Defines a coffee shop as the primary purpose of the business is the sale of coffee, tea, prepared food items and coffee and tea based beverages for consumption on and off premises
• Wine and beer offerings would be available Monday - Fridays after 4:00 P.M. and after 2:00 P.M. on Saturdays and Sundays
• The menu during beer and wine service must include at a minimum five (5) hot food items, at least two (2) of which must be a hot sandwich plate or similar.
• A limited kitchen must be present at the coffee shop for the preparation of the hot and cold food items.
• The license will only be available for premises in the downtown and in shopping centers, as defined in the code, with a minimum seating capacity of thirty (30) seats on the same floor or level and occupying at least fifty (50) percent of the public area of the premises.
• No video gaming will be allowed on the premises.
• The sale of wine or beer through a drive-through window is prohibited.
• All employees at the location during the hours of beer and wine sales will be at least twenty-one (21) years of age and be BASSET certified.
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 Tuesday, June 21, 2016 Committee of the Whole Meeting.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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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 hits 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:
ARTICLE I. IN GENERAL
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Sec. 6-8. Classification of licenses.
There shall be the following classification of licenses:
(16) Class P-Coffee Shop License.
(a) “Coffee shop” means a place of business that: (a) opens to the public for business each day not later than 7:00 a.m. and remains open to the public for business continuously for not less than 10 hours; and (b) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: (i) coffee, tea, coffee-based beverages, tea-based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and (ii) food items, including baked goods, sandwiches, and salads, for consumption on or off the premises where served. No coffee shop located within the City is eligible for any class of liquor license other than a Class P Coffee Shop License.
(b) The sale of wine or beer is prohibited at any time before 4:00 p.m. and after 10:00 p.m. on Mondays through Fridays, and before 2:00 p.m. and after 10:00 p.m. on Saturdays and Sundays.
(c) Wine and beer may be sold by single serving or by the bottle, but beer must be consumed from a single-serving, transparent container that does not exceed 12 ounces in volume, and wine must be consumed from a single-serving, transparent container that does not exceed five (5) ounces in volume.
(d) The sale of more than one single serving or bottle of wine or beer to each patron during a single point-of-sale transaction is prohibited. Each and every patron who desires to consume wine or beer (including, without limitation, a portion of wine or beer sold by the bottle), must: (i) be physically present during the point-of-sale transaction during which the wine or beer is purchased; and (ii) present a form of valid photographic identification issued by a state government or the United States government. For the purpose of the Class P Coffee Shop License, “point-of-sale” transaction means each instance when a patron or group of patrons purchases food and beverages at a coffee shop, whether or not the purchases are processed or documented as a single transaction by the coffee shop.
(e) Food from an approved menu must be available during the time service of alcoholic liquor is permitted. For the purpose of this Section, "food" means baked goods, sandwiches, salads, prepared snacks, and similar items. "Food" does not mean candy, mints, gum, and similar items. The food menu must include, at a minimum, five (5) hot food items, at least two (2) of which must be a hot sandwich plate or similar.
(f) The coffee shop must be equipped with a limited kitchen that at a minimum will include an appliance to store cold food; convection oven; dishwasher; hand sink for dishwashing; food prep counter; and water heater for dishwashing.
(g) The license will only be available for premises in the downtown and in shopping centers, as defined herein, with a minimum seating capacity of thirty (30) seats on the same floor or level so long as tables or booths occupy at least fifty (50) percent of the public area of the licensed premises at all times of operation of the business.
(h) A license shall only be granted to establishments that do not provide video gaming services on the premises.
(i) The sale of wine or beer through a drive-through window is prohibited.
(j) The annual fee for a Class P license will be one thousand eight hundred fifteen dollars ($1,815.00).
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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.