cover
TO: Mayor Richard C. Irvin
FROM: Jennifer Stallings, City Clerk
DATE: October 15, 2024
SUBJECT:
Requesting approval of amendments to Chapter 6 of the Code of Ordinances, specifically Chapter 6-2 Definitions, and to repeal Resolution R21-251 to comply with Illinois Liquor Control Commission (ILCC) Rules.
PURPOSE:
The City's liquor ordinance currently contains an on-site license type, "Complimentary Alcohol Service." The title needs to be changed as not to imply that alcohol can be given away for free at a business with that license type. The ILCC is the governing body that regulates the manufacture, distribution, and retail sale of alcoholic beverages in Illinois as authorized by Illinois law. The ILCC Rules do not permit businesses to give away alcoholic liquor to customers.
BACKGROUND:
Chapter 6 of the Code of Ordinances provides for a liquor license entitled, "Complimentary Alcohol Service." The intent of this license is to allow patrons to consume a limited amount of alcohol in conjunction with the purchase of goods or services. Unfortunately, the addition of the word "Complimentary" in the title of the license is misleading and should be replaced to avoid any confusion by the businesses, consumers, or the ILCC. The ILCC Rules do not permit any person, licensed or unlicensed, to give away alcoholic liquor for a commercial purpose. The use of the word "Complimentary" is not allowed by the ILCC to be used in advertisements promoting alcoholic liquor.
DISCUSSION:
To achieve the original goal of this liquor license type and to comply with the ILCC Rules, proposed language is that alcohol served for consumption on site is included with the cost of the service, and not "Complimentary." With a change in the title of the license type, the fee resolution will need to be repealed.
IMPACT STATEMENT:
This change will enable the City to issue liquor licenses that allow licensees to comply with the ILCC Rules while allowing them to expand their businesses by offering a limited amount of alcohol for consumption on premises while patrons are engaging in services performed by the businesses.
RECOMMENDATIONS:
Staff requests approval of the proposed changes.
cc: Rules, Administration and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 6 - Section 6-2 of the Code of Ordinances Regarding "Complimentary" Licenses.
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, the Illinois Liquor Control Commission prohibits businesses from providing alcoholic liquor at no charge to customers of such businesses; and
WHEREAS, the current use of the word "Complimentary" to define a license type is contrary to what is allowed by the Illinois Liquor Control Commission in advertisements by licensees; and
WHEREAS, the use of the word "Complimentary" with respect to liquor licensing should be removed from the Code of Ordinances; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Sec 6-2 of Chapter 6 of the Code of Ordinances shall be and hereby is amended as set forth in Exhibit A.
Section Two: That Resolution R21-251 is hereby repealed and heretofore until subsequent action of the City Council, the yearly license fee for this license type shall remain at $350.00.
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling, upon passage and approval.
Section Four: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Five: 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 Six: That Corporation Counsel and the City Clerk are authorized to correct scrivener's errors that do not substantively alter the meaning of the ordinance.