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TO: Mayor Richard C. Irvin and City Council
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: July 29, 2020
SUBJECT:
An Ordinance amending the Code of Ordinances, City of Aurora, Illinois by repealing paragraph (b) of Section 6-33 in its entirety.
PURPOSE:
Staff is requesting the removal of subsection b of Section 6-33 of the Liquor Code to conform with recent case law that continues to develop across the nation.
BACKGROUND:
In 1969 through the 1980's, Chapter 6 referenced habitually intoxicated persons. City Council passed an amendment to the Code allowing for a "habitually intoxicated persons nuisance" under Section 6-33(b) in 2015 (O15-053). As part of this nuisance, a person that was convicted of six or more civil or criminal offenses in which the police reports or other evidence presented showed that the person was under the influence of alcohol at the time of the commission of the offense. This section also laid out the rights the person had, the way the police department made the determination and the maintenance of the list (when to remove someone, how someone is added, etc.). This section also provided notice to the person being placed on the list, the chance for that person to appeal, the procedure as well as the standard of proof necessary to place someone on the list.
DISCUSSION:
After reviewing recent case law out of the 4th Circuit amongst other rulings throughout the nation, we believe it is in the best interest of the City to remove the "habitually intoxicated persons nuisance" under Section 6-33(b). The Law Department will work with the Police Department on removing the list and working with our local retailers that have maintained the list in their shops.
IMPACT STATEMENT:
There will be no impact on any of the departments other than the educational component of training staff about the removal of the list. Staff will work on other solutions in dealing with public intoxication that occurs throughout the City.
RECOMMENDATIONS:
I request the amendment to remove Section 6-33(b) and mark that section as "reserved."
cc: Rules, Administration, and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending the Code of Ordinances, City of Aurora, Illinois by repealing paragraph (b) of Section 6-33 in its entirety.
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, Section 6-33(b) was enacted to establish a nuisance ordinance for habitually intoxicated persons for the City of Aurora; and
WHEREAS, it is no longer necessary or advisable to maintain a habitually intoxicated persons list and it is in the best interest of the City to repeal paragraph (b) of Section 6-33 of the Code of Ordinances, City of Aurora in its entirety.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 6-33(b) of the City Code shall be and hereby is amended as set forth in said "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 any conflicts 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.