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TO: Mayor Thomas J. Weisner
FROM: Isabel M. GarcÃa-Kodron, City Clerk
DATE: May 3, 2014
SUBJECT:
Resolution Establishing the Maximum Number of City of Aurora Liquor Licenses by Class.
PURPOSE:
To increase the number of Class A - Tavern licenses by one (1) license, increasing the total maximum number of Class A to 12.
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:
Last Call Operating Co. I, Inc., d/b/a Fox & Hound Sports Tavern, located at 4320 E. New York St., has submitted a liquor license application seeking a Class A 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. A Class A license also authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption off the premises where sold only during the hours authorized for the sale of packaged liquor under subsection 6-27 <https://library.municode.com/HTML/10143/level2/COOR_CH6ALLI.html>(a)(2).
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. Fox & Hound Sports Tavern has been operating out of this location for over a decade, but there was a recent corporate ownership change due to a court ordered bankruptcy. 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 A licenses.
Attached is the application submitted for your consideration. City staff has been working with the new ownership's attorneys to ensure that all requirements for a liquor license, as set forth in Chapter 6 of the City's Code of Ordinances, are met. A review of their file revealed no pending violations.
IMPACT STATEMENT:
None.
RECOMMENDATIONS:
I am recommending that this resolution be referred to the Government Operations Committee for consideration at its next meeting to be held on May 13, 2014 with referral by the Government Operations Committee to the Committee of the Whole meeting to be held on May 20, 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 Class A City of Aurora liquor licenses (unofficially related to application from: Last Call Operating Co. I, Inc., d/b/a Fox & Hound Sports Tavern, located at 4320 E. New York St.).
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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
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
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"