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TO: Mayor Richard C. Irvin
FROM: Wendy McCambridge, City Clerk
DATE: December 4, 2017
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 edits to the chapter to enhance the ordinance to allow for greater opportunity for business growth for existing and new liquor licensees.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015, 2016 and 2017.
DISCUSSION:
Due to the demand from local business owners in the City additional classes and changes to the liquor code are being recommended to continue to be competitive with surrounding communities and meet the evolving needs of local entertainment based businesses. Also, some additional changes are needed to improve continuity within the code.
Definitions
BYOB- addition to allow for this practice at existing liquor license holders..
New liquor license classes:
Class D-3 - Arts and Entertainment Studio. Based upon interest that has been raised for a painter studio and an entertainment venue with live performance.
Business Enhancing Provisions
Allow for customers to create a six pack utilizing individual bottles to bundle for sale for Class C and Class G, package sale retailers.
Allow for BYOB at Class E and F (Restaurant) and Class D-1 (Metropolitan exposition and auditorium license) holder locations. Both restaurants and the Paramount Theater has requested this permission.
Temporary Liquor License changes
Add language that permits would be required for public events, not for private events. Also, to add language to be consistent with the State of Illinois Liquor Control Commission definitions and restrictions on events regarding timeframes. Also, would increase the maximum number of temporary permits allowed per year from three (3) to twelve (12).
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, January 9, 2018 Government Operations Meeting.
cc: Alderman Hart-Burns (Chair)
Alderman Mervine
Alderman Lofchie
Alderman Franco (Alternate)
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 its 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: that Chapter 6 of the City of Aurora Code of Ordinances be amended as follows:
ARTICLE I. - IN GENERAL
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Sec. 6-2. - Definitions.
"BYOB" or "bring your own bottle" shall mean the practice of allowing patrons of a restaurant or other business inviting public patronage to bring and consume alcoholic liquor on the licensed premises.
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Sec. 6-8. - Classification of licenses.
(3) Class C-Package liquor license.
a. Authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption off the premises where sold. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the customer.
b. Samples of alcoholic beverages may from time to time be served on said premises.
c. New licenses in this class may only be issued to establishments located in the downtown, shopping centers or businesses with more than ten thousand (10,000) square feet devoted exclusively to retail sales and whose primary purpose is other than the sale of alcoholic liquors.
d. No establishments which sell gasoline may be issued a Class C liquor license.
e. Licenses in effect upon the passage of this article whose primary purpose is other than the sale of alcoholic liquor and which do not meet the requirements of this section may only be renewed by the current licensee. Upon a change of ownership, a new license may only be issued as a Class G-Package Beer and Wine license.
f. The annual fee for a Class C license shall be one thousand eight hundred fifteen dollars ($1,815.00).
(4) Class D-Auditorium/Theatrical-arts facility license/Arts and entertainment studio.
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).
b. 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).
c. Class D-3 - Arts and entertainment studio license.
1. Authorizes the licensee to sell to the general public beer and wine for consumption on the premises while the patron(s) are participating in or attending an arts, crafts, or art and culture related events or performances that are offered by the licensee.
2. The license shall only be available for premises of an art, culture or entertainment studio at which public and private events are held with the primary purpose of holding arts, crafts or art and culture events, performances and classes.
3. The annual fee for a Class D-2 license shall be one thousand eight hundred fifteen dollars ($1,815.00).
(7) Class G-Package beer and wine license.
a. Class G-Package beer and wine license, non-gasoline sales.
1. Authorizes the licensee to sell to the general public beer and wine in original packages only, for consumption off the premises where sold. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the customer.
2. Samples of wine may from time to time be served on said premises.
3. This license shall only be available for establishments located in the downtown, shopping centers or businesses with more than five thousand (5,000) square feet devoted exclusively to retail sales and which primary purpose is other than the sale of alcoholic liquors.
4. Effective July 18, 1989, no new Class G liquor licenses may be issued to any establishment that sells gasoline. Any liquor license in effect at the time of adoption of this subsection which is held by a business that sells gasoline and would not qualify for issuance of a liquor license under this subsection shall be renewed yearly so long as the license is issued to the current owners. Any sale, transfer, or assignment of more than fifty (50) percent of the ownership of a business or partnership shall terminate said license. In the event that such license is held in the name of a corporation, the sale, transfer or assignment of fifty percent (50) of the stock shall terminate such license.
5. The annual fee for a Class G license shall be one thousand, six hundred fifty dollars ($1,650.00).
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Sec. 6-10. - Temporary permits. Special Permits
(a) Temporary Permit
1. 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 to members of the public. A temporary liquor license is not required for a private party.
(b)2. 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 a single theme and at the same location for not more than fifteen (15) days from start to finish.
(c) 3. 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) (a) 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) (b) Dram shop liability insurance to the maximum limits, covering the specific date(s) of the special event; and
(c) Proof of completion of a state-certified beverage alcohol sellers and service education and training program shall not be required for each person serving or selling alcoholic beverages pursuant to a temporary liquor permit provided any such person is at all times supervised in the serving or selling of alcoholic beverages by not less than two (2) persons present at the alcohol sales or service area on the licensed premises and provided such supervisor has successfully completed said state-certified training.
(d) Each application for a temporary liquor permit shall identify each person who will be supervising the serving or selling of alcoholic beverages at the alcohol sales or service area on the licensed premises. Notwithstanding the provisions of subsection (3) of this section, each such designated supervisor shall submit proof of his or her successful completion of a state-certified beverage alcohol sellers and service education and training program at the time of application.
(5) 4. Any other documents the local liquor commissioner may request pursuant to state or local liquor control laws, rules and regulations.
(d) 5. No more than three (3) twelve (12) temporary permits may be granted to any organization during a calendar year.
(e) 6. 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) 7. 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) 8. 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.
(h) 9. The fee for such permit shall be twenty-five dollars ($25.00) per day and shall accompany the written application.
(b) BYOB permit
1. Authorizes the consumption of alcoholic liquor brought onto the premises by a patron over the age of twenty-one (21) for on-site consumption at a location that possesses either a City of Aurora Class D-1, E, E-1, or F Liquor License.
2. BYOB shall be permitted in conjunction with the purchase and consumption of a meal.
3. BYOB shall be limited to no more than one (1) seven hundred fifty (750) milliliter bottle of wine or thirty six (36) ounces of beer per patron.
4. BYOB shall be limited to the licensed premises.
5. Permit holders may provide glassware and ice to patrons, and may uncork, pour, serve or otherwise control the consumption of the beer and wine.
6. Permits will be available to license holders upon submittal of a written application. The issuance of the permit will be at the discretion of the local liquor commissioner and will be renewed during the renewal of annual liquor licenses.
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.