cover
TO: Mayor Thomas J. Weisner
FROM: Wendy McCambridge, City Clerk
DATE: October 6, 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 make changes to Class D-1 - Metropolitan exposition and auditorium license and the Temporary Permits.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015 and 2016. Recently, the City of Aurora was approached by the Fox Valley Park District to discuss the option of expanding their ability to offer alcohol at scheduled events and programs.
DISCUSSION:
The Fox Valley Park District (FVPD) has multiple facilities located in and around the City of Aurora and desires to expand the ability to host private and public events offering alcoholic beverages to remain competitive with surrounding communities. Currently, the FVPD applies for Temporary Permits or must partner with a caterer who has a local liquor license for events which limits their offerings to their patrons, in turn limiting their ability to expand programmatic and service offerings. The key centers that would be affected by these changes would be Blackberry Farm and the Prisco and Eola Community Centers.
Changes Recommended for the Classifications:
Class D-1 Metropolitan exposition and auditorium license
• Expand the ownership to include properties owned by a special district.
Temporary Permit
• Create an exemption for any “public body” from the limit of three (3) temporary permits per calendar year. For this section a "public body" shall mean the state, any county, township, special district, school or school district, municipality, or any official, board, commission or department thereof, or other political subdivision of the state, now or hereafter created. All other requirements would be followed.
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, November 1, 2016 Committee of the Whole Meeting.
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".
body
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
* * * * * * *
Sec. 6-8. Classification of licenses.
There shall be the following classification of licenses:
(4) Class D-Auditorium/Theatrical-arts facility license.
a.
Class D-1-Metropolitan exposition and auditorium license.
1.
Authorizes the licensee to sell to the general public alcoholic liquor by the drink for consumption on the premises where sold at scheduled performances or events.
2.
Authorizes the licensee to sell to the general public alcoholic liquor by the drink, for consumption off the premises, when participating in a city-sponsored event and with the approval of the liquor control commissioner.
3.
The license shall only be available for premises owned by a metropolitan exposition and auditorium authority or special district.
4.
The annual fee for a Class D-1 license shall be one thousand eight hundred fifteen dollars ($1,815.00).
Class D-2-Theatrical-arts facility license.
1.
Authorizes the licensee to sell to the general public alcoholic liquor by the drink for consumption on the premises where sold at scheduled performances, workshops, or events.
2.
The license shall only be available for premises defined as a "theatrical-arts facility" that have a minimum seating capacity of one hundred fifty (150) seats on the same floor.
3.
The annual fee for a Class D-2 license shall be one thousand eight hundred fifteen dollars ($1,815.00).
* * * * * * * * *
Sec. 6-10. - Temporary permits.
(a)
The local liquor control commissioner shall have authority to issue a temporary permit for sale of alcoholic liquor to be consumed on the premises at a special event. "Special event," as used in this chapter, means a preplanned, single gathering event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, or sporting nature, or any other similar nature, held by an individual or entity, whether for-profit or non-profit, where food and drinks are sold, served or dispensed.
(b)
Such temporary permit may be issued to a club, society, fraternal or benevolent organization or association which is organized not for pecuniary profit or to a for-profit entity, organization or group, and shall only be valid for a period of not more than four (4) consecutive days.
(c)
All applicable state and local laws, ordinances, rules and regulations shall apply, including, without limitation, the requirements set forth in section 6-23 regarding completion of a state-certified beverage alcohol sellers and service education and training program prior to issuance of permit. Each written application for a temporary permit under this section must include the following documents:
(1)
Proof of a valid state liquor permit or license for special event (Note: For-profits must apply for a standard retailer's license from the state to hold a special event);
(2)
Dram shop liability insurance to the maximum limits, covering the specific date(s) of the special event; and
(3)
Any other documents the local liquor commissioner may request pursuant to state or local liquor control laws, rules and regulations.
(d)
No more than three (3) temporary permits may be granted to any organization during a calendar year.
(e)
Notwithstanding any of the above-mentioned provisions, a temporary liquor permit may be issued for the sale and consumption of beer at a regularly scheduled game or tournament at a privately owned sports stadium. Such permit shall be issued with the provision that the sale of beer cease at 10:30 p.m. and that the sale and consumption of beer not be allowed outside of the stadium area.
(f)
Nothing contained in this section shall preclude the issuance of a temporary permit to sell to the general public alcoholic liquor, for consumption off the premises, when participating in a city-sponsored event and with the approval of the liquor control commissioner.
(g)
Exemption for “public body”. Public bodies shall be exempted from section 6-10 (d), but all other requirements of this article shall apply. For purposes of this article, "public body" shall mean the state, any county, township, special district, school or school district, municipality, or any official, board, commission or department thereof, or other political subdivision of the state, now or hereafter created.
(gh)
The fee for such permit shall be twenty-five dollars ($25.00) per day and shall accompany the written application.
* * * * * * * * *
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.