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TO: Mayor Richard C. Irvin
FROM: Jennifer Stallings, City Clerk
Deb Lang, Assistant Corporation Counsel
Alex Voigt, Deputy Chief of Staff
DATE: January 3, 2022
SUBJECT:
An Ordinance amending Sections 6-2, 6-4, 6-10, 6-13, and 6-28 of Chapter 6 - Alcoholic Liquor, of the Code of Ordinances.
PURPOSE:
The proposed amendments are to clarify existing code sections and to enhance sections of the code in order to accommodate changing and popular business models.
BACKGROUND:
As part of an ongoing effort to improve upon the liquor code, the proposed amendments include modifications that will clarify existing sections, without proposing substantive revisions. First, the modification of the Liquor Store definition as contained in Sec. 6-2 will help clarify the definition by itemizing the criteria to determine an appropriate location for a liquor store. Second, the modification of Sec. 6-4 will emphasize that a liquor license is always required in order to allow alcohol consumption at a business by adding the existing definition of Sale to that section. Third, a minor modification is contained in Sec. 6-13(c) correcting the language from "Special Use Permit" to the appropriate "Conditional Use Permit."
Substantive changes are proposed in several sections. First, Sec 6-2 - Definitions, contains the addition of a new endorsement, Boutique Package Sales Endorsement, as well as the addition of the option for a single guest tap in brewery/brewpubs and craft breweries, in order to keep up with changing and popular business models. While BYOB is available to licensees upon application and approval, the proposed change to the BYOB definition properly identifies the BYOB option as an endorsement. Second, proposed changes to Sec. 6-10(b) add clarification to the BYOB Endorsement and clarify that BYOB is for beer and wine only, something that is not clear when reading the current code. Proposed modifications to this section add additional clarifying language where necessary. Finally, proposed changes to Sec. 6-28 (a)(3) include a reorganization of the allowable hours for the sale of alcohol, for ease in citing sections of the code. Substantively, the changes propose that the on-site consumption business hours for Sunday be modified from 12:00 noon to 9:00 a.m. with the service of food. This proposed change allows more flexibility for the service of Sunday brunch and to accommodate earlier crowds that are present for sporting events on Sundays. Further, Sec. 6-28 (d) modifies the casino hours to allow the casino to abide by the State of Illinois Liquor Control Act and the Illinois Gaming Board hours. With respect to extended hours on holidays, there are a couple of proposed changes to Sec. 6-28. The code currently allows liquor licensees to automatically extend their hours on New Year's Eve and Thanksgiving Eve and allows for businesses to apply to extend hours even later on New Year's Eve until 4:00 a.m. Historically, on a yearly basis, the deputy liquor commissioner has asked Council for permission to allow businesses to apply for extended hours on St. Patrick's Day and Cinco de Mayo. The proposed modifications to Sec. 6-28(f) allow each licensed business in good standing to apply for extended hours up to two (2) times per calendar year (not including a New Year's Eve extension) and allow each business the flexibility to choose the special dates they wish to celebrate.
DISCUSSION:
Many proposed amendments are for clarification purposes as well as ease of interpretation by staff and the public. Proposed substantive changes are to encourage and welcome new business concepts to the City of Aurora.
IMPACT STATEMENT:
The proposed changes will encourage economic development in the City of Aurora.
RECOMMENDATIONS:
Staff recommends that the proposed Ordinance be approved.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Sections 6-2, 6-4, 6-10, 6-13 and 6-28 of Chapter 6 - Alcoholic Liquor, of the Code of Ordinances.
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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, it is necessary for the City of Aurora to update Chapter 6 - Alcoholic Liquor, of the Code of Ordinances, to remain current with changing business needs.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the Aurora Liquor Control Ordinance, shall be and hereby are 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 part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases, or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk and Corporation Counsel are hereby authorized to make any non-substantive, clerical or formatting changes and amendments to Exhibit A as necessary for codifying and updating this ordinance in municode.