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TO: Mayor Thomas J. Weisner
FROM: Wendy McCambridge, City Clerk
DATE: June 28, 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 a craft winery. The craft winery license is being introduced to enable a new entity, Aspen Lane Wine Company, to operate as a winery in the City of Aurora. Aspen Lane Wine Company would make and offer for sale the wine produced on-site. The Company would also offer tastings of the wine on-site.
Changes to Current Classifications:
Class Q- Craft Winery License
• Allows for on-site production and storage of wine in quantities not to exceed fifty thousand (50,000) gallons per year and the sale of such wine for consumption off-premises and on-premises.
• Limits samples to no more than three (3) one (1) fluid ounce servings to one person in one day.
• Food must be available when wine is purchased for on-premise consumption.
• Retail sale space and manufacturing space must be segregated. Consumption of wine may only be in the retail space except during supervised tours and private events.
• No more than twenty-five (25) percent of the space may be used for retail sale of the craft wine.
• No video gaming will be allowed on the premises.
• All employees at the location for production and sales will be at least twenty-one (21) years of age and be BASSET certified.
• Every licensee must have a valid First Class Wine Maker’s License from the State of Illinois and keep accurate records of wine production and sales. Records will be available to the City for review upon request.
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, July 5, 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:
17. Class Q-Craft Winery License
(a) License shall authorize the on-site production and storage of wine manufactured on the premises for either on-premise or off-premise consumption. It also authorizes on-site sampling consumption of such wine by persons of at least twenty-one (21) years of age. The retail sale of craft wine is limited to the craft wine manufactured on the premises and shall be permitted only during the authorized hours of business.
(b) Class Q licensees may offer for on-site consumption samples of wine produced on-site and sold pursuant to this classification. Licensees shall provide no more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any customer in one (1) day.
(c) Wine purchased for consumption on premises shall be limited to servings no larger than five (5) ounces per volume. Wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than wine sold at retail or offered for sampling.
(d) Class Q licensees must provide food service whenever wine is available for on-premise consumption sales of wine. The licensee is strictly liable for complying with all provisions regarding food service. Wine for product sampling or retail sale for on-site consumption shall be dispensed only in containers provided by the licensee.
(d) The portion of the licensed premises dedicated to the retail sale of craft wine shall be segregated from the remainder of the premises.
(e) Not more than twenty-five (25%) of the total gross square footage area of the physical premises shall be designated to the retail sale of craft wine.
(f) The location of the retails sale and consumption of craft wine shall be limited to the retail portion of the license premises, except during supervised tours and private events.
(g) Every Class Q licensee must have a valid First Class Wine Maker's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallons of wine manufactured on the premises and the total gallons of wine manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request.
(h) Video gaming on the premises is prohibited.
(i) All applicable taxes including sales and beverage tax shall be collected and paid on all revenue realized from the sale of craft wine.
(j) The annual payment fee for initial issuance or renewal of such license shall 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.