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TO: Mayor Thomas J. Weisner
FROM: Isabel M. GarcÃa-Kodron, City Clerk
DATE: April 14, 2014
SUBJECT:
Resolution Establishing the Maximum Number of City of Aurora Liquor Licenses by Class.
PURPOSE:
To increase the number of Class E - Restaurant licenses by one (1) license, increasing the total maximum number of Class E to 51.
BACKGROUND:
This request is presented in accordance with the 2011 amendment to the City's Liquor Ordinance, specifically Section 6-9(a), which charges the City Council with the authority to determine the number of licenses available in each classification.
DISCUSSION:
Torresmania Restaurant No. #3, Inc., located at 3 S. Lincoln Av., has submitted a liquor license application seeking a Class E license for the purpose of selling alcoholic liquor by the drink to the general public, for consumption on the premises where sold, and not for resale in any form, provided that such sales shall be only in conjunction with the sale of food for consumption on the premises.
Per Sec. 6-7 of the City of Aurora's Liquor Ordinance, any sale, transfer, or assignment of fifty (50) percent or more of the ownership of a business shall terminate the license. Torresmania has been operating out of this location for the past three (3) years, but there was a recent ownership change of fifty (50) percent. The change in ownership automatically decreases the number of available liquor licenses by one (1), thus requiring City Council approval to increase the same by one (1) in order to accommodate the new licensee. There will be no net change in the number of available class E licenses.
Attached is the application submitted for your consideration. City staff has been working with the business owner to ensure that all requirements for a liquor license, as set forth in Chapter 6 of the City's Code of Ordinances, are met.
IMPACT STATEMENT:
None.
RECOMMENDATIONS:
I am recommending that this resolution be referred to the Government Operations Committee for consideration at its meeting to be held on April 22, 2014 with referral by the Government Operations Committee to the City Council meeting on the same day, to allow for the issuance of the new license upon expiration of the current license on April 30, 2014.
cc: Alderman Hart-Burns, Chairman
Alderman Johnson
Alderman Mesiacos
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution establishing the maximum number of City of Aurora liquor licenses by class.
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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 accordance with Section 4-1 of the Illinois Liquor Control Act, 235 ILCS 5/4-1, and Section 6-9 of the City of Aurora Liquor Ordinance, the City Council may establish the maximum number of allowed liquor licenses within the City of Aurora; and
WHEREAS, in accordance with Section 6-9, it is the desire of the City Council to increase and decrease the maximum number of allowed liquor licenses within the City of Aurora as reflected in the schedule attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, hereby establishes the allowable liquor licenses as set forth in Exhibit A.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
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Alderman Bohman, Ward 1 Alderman Garza, Ward 2
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Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
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Alderman Peters, Ward 5 Alderman Saville, Ward 6
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Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
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Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
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City Clerk Mayor
Exhibit A