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TO: Mayor Richard C. Irvin
FROM: Alex Voigt, Deputy Chief of Staff
Deborah Lang, Assistant Corporation Counsel
DATE: January 31, 2020
SUBJECT:
An Ordinance amending Sec. 6-2 "Definitions" and 6-8 "Classifications" of the City of Aurora Code of Ordinances.
PURPOSE:
The purpose of this proposed amendment is to move forward the long-discussed changes to the city's Liquor Code. These specific amendments focus on the Definitions and Classifications, with the goal of assisting our current licensees as well as our future business community. These amendments follow a shift in the way licenses are managed by the City Clerk and Aurora Police Department, with the emphasis now placed on performance-based licensing.
BACKGROUND:
This process began in earnest back in July, with the City Council approving changes to the Applications, Renewals and Temporary Permits sections. Staff then proposed moving forward with substantial changes to the current system of how we classify our licenses. It was determined that the Classifications need to go hand in hand with the Definitions in order to maintain the integrity of some existing classifications already approved by the City Council, while still creating the desired flexibility to continue to attract new businesses to Aurora.
The idea of reducing the number of classifications has long been discussed, but without a plan as to how to proceed the process was difficult at best. The idea for reducing our current classes drastically happened organically, first by breaking down what each of our current classes is really looking to accomplish and second by looking around at other municipalities' ordinances. Staff did the standard review of our similarly-sized and neighboring municipalities' codes, which only revealed that many communities have been following a pattern similar to Aurora -- that a new business requires a new license type. Looking further outside of the box, staff began to pick up ideas, which were then presented to the Rules, Administration and Procedures (RAP) Committee as a general concept. After being given the green light, the overhaul process began.
The most significant challenge associated with this change has been capturing all of the associated details (i.e., other pertinent sections of the code) while trying not to increase the administrative burden on staff. The goal is to make this a cleaner, more straightforward process than it has been previously.
DISCUSSION:
To accomplish this, the first step was to determine what the new classifications should be, specifically how many were really needed. Currently, the city has classes A - T, with sub-categories, leaving us with a total of twenty-three (23) different licenses. Of these 23, we have fourteen (14) with three or less businesses in the category and two (2) with zero (0) licenses.
The first step was to utilize the information from our current Development Services Team (DST) meetings. Over the course of six months of DST meetings (which are three days a week), there was not one business interested in Aurora that met the criteria of anyone of our 23 licenses. The current process to manage this would be to create a new classification that would meet the needs of the new business, tailoring it specifically to their concept. As illustrated by the 14 with less than 3 and two with 0, this is not an efficient or effective process.
Using this information, staff began the standard process of reviewing similarly-sized community's liquor ordinances as well as other communities throughout Illinois. The majority of the other communities in Illinois have ordinances similar to Aurora's current language, while other seem to have modified theirs over time. The concept of "Endorsements" was taken from Park Ridge and the idea of minimal classifications was taken from the City of Chicago.
After much deliberation, it was determined that there are three very general categories that businesses fit into, with one created to address some of the specific and more challenging business models. The four general categories are:
Class A: Package Sales
Class B: On-Site Consumption
Class C: Specialty On-Site Consumption
Class D: Specialty by Area
These classifications are laid out with examples in Exhibit A. All of the examples laid out are there to illustrate what would fall into that category, but are not limited to what is listed there now. Some of the newer/unfamiliar categories are based on either recent DST meetings or direct requests from the business community.
In addition to the new classifications, staff is proposing the concept of adding the option of "Endorsements". An endorsement allows a business that may not have previously had an option to add an amenity it if they wish. This was done to cut down on the number of classifications while still offering flexibility for business owners. The endorsements are also laid out in Exhibit A, and are defined in Exhibit B, which contains all of the definitions.
The definitions section has been substantially increased (Exhibit B). Rather than relying on the specific classifications, to define the license specifications, the decision was made to build out the definitions instead. This was a significant challenge, but creates a great sense of consistency for the Chapter as a whole in while still creating flexibility. The newly revised Classifications may be found in Exhibit C.
IMPACT STATEMENT:
The proposed changes to Chapter 6 will have a positive impact on the current and future business community in Aurora. The ability to work with new and existing businesses and foster new and creative ideas, creating a more overall vibrant business community.
RECOMMENDATIONS:
It is recommended the RAP Committee accept these changes and forward to the Committee of the Whole for further discussion.
cc: Rules, Administration and Procedures
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 6 "Alcoholic Liquor", Sec. 6-2 "Definitions" and Sec. 6-8 "Classifications" of the City of Aurora Code of Ordinances.
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, substantial changes were needed to Chapter 6 entitled, "Alcoholic Liquors"; and
WHEREAS, the proposed amendments will create a more sustainable long-term document for the future of the business community in Aurora.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 6 of the City of Aurora Code of Ordinances shall be and hereby is 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 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.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.