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TO: Mayor Robert J. O’Connor
FROM: Wendy McCambridge, City Clerk
DATE: January 24, 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 recommend a new liquor class to the current liquor ordinance.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015 and 2016. In recent months the City of Aurora has been approached by an established business that would require a new liquor license class to be created to meet the needs of the business.
DISCUSSION:
The liquor class being recommended is for a recreational facility. The recreational facility license is being introduced to enable Round 1, a 50,000 square foot amusement based establishment that will feature bowling, arcade games, karaoke, billiards, darts, and ping pong, to open at the Fox Valley Mall. Round 1 has locations nationwide with the nearest site in Bloomingdale, Illinois at Stratford Square Mall.
New Addition for the Classification:
Class S- Recreational Facility License
• Allows for sale by the drink for customers of a recreational facility.
• Defines a recreational facility and that the primary purpose is to serve as a location of amusement activities.
• Food must be available when liquor is purchased for on-premise consumption.
• Bar/lounge area where service of alcohol occurs and is allowed is limited to 25% of the seating area.
• The recreational facility must be at a minimum twenty thousand (20,000) square feet and have seating for one hundred twenty-five (125); seventy-five (75) in a shopping center; or forty-eight (48) in the downtown area.
• A security plan must be supplied to and approved by the Local Liquor Control Commissioner.
• No video gaming will be allowed on the premises.
• A limited menu option is available under the Class S-1 classification with the ability to serve from a limited menu during designated times.
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, February 7, 2017 Committee of the Whole Meeting.
cc: Alderman Hart-Burns (Chair)
Alderman Bugg
Alderman Franco
Alderman Mervine (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 hits 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:
ARTICLE I. IN GENERAL
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Sec. 6-8. Classification of licenses.
There shall be the following classification of licenses:
19. Class S- Recreational Facility
a. Class S- Recreational facility license
1. Authorizes the licensee to sell to the general public alcohol liquor by the drink for consumption on the premises of a recreational facility where sold, and not for resale in any form. Sale in the original package for consumption off the premises is prohibited.
2. Recreational facility. A place kept, used, maintained, advertised or held out to the public as a place in which the public may participate in activities, including but not limited to bowling, arcade, billiards, and indoor simulated golf. It shall be unlawful for any licensee holding a license for a recreational facility to sell or offer for sale at retail, any alcoholic liquor on such premises at any time when the regular and complete business of the recreational facility is not staffed, in actual operation, and open to the public for business. Bar/lounge seating shall be no more than twenty-five percent (25%) of the total number of seats provided for patrons of the establishment.
3. If the recreational facility has a dedicated area specifically for the purpose of dancing or live entertainment, it shall be unlawful for any person under the age of twenty-one (21) years to be present in said area.
4. Service of alcoholic liquor shall be only during the time that food is prepared on the premises and is available to be served and a menu, approved by the liquor commissioner is in effect. The facility must have on the premises an adequate and sanitary kitchen for the preparation of food items.
5. A cook or chef shall be employed at all times that the establishment is open for business. The primary duties of said cook or chef shall not include bartending or the serving of alcoholic liquor.
6. Such licenses shall only be issued to establishments with a total floor area equal to or greater than twenty thousand square feet (20,000), with a special use permit for amusement, entertainment or recreational use and where the service of alcoholic beverages is ancillary and incidental to the amusement, entertainment or recreational services. The license shall only be available for premises defined as a recreational facility herein that has a minimum seating capacity of one hundred twenty-five (125) seats, non-inclusive of the seating around a bar used for alcoholic liquor consumption. In a shopping center, as defined above, a new license shall also be available for premises defined as recreational facility herein that have a minimum seating capacity of seventy-five (75) seats, non-inclusive of the seating around a bar used for alcoholic liquor consumption. In the downtown, the license shall also be available for premises defined as a recreational facility herein that have a minimum seating capacity of forty-eight (48) seats on the same floor or level, non-inclusive of the seating around a bar used for alcoholic liquor consumption.
7. Appropriate security for the space must be utilized at all times when alcoholic liquor is being sold or consumed on the premises of the recreational facility. A security plan must be submitted for approval by the Local Liquor Control Commissioner and must be updated on an annual basis with license renewal. The security plan must at a minimum address any age restrictions, identification of patrons twenty-one (21) and older, alcohol sale control measures, monitoring of the premises, and control of entrances and exits.
8. Video gaming on the premises is prohibited.
b. Class S-1- Limited menu recreational facility
1. All of the requirements for recreational facility license apply, however, provided, that between the hours of 9:00 p.m. and closing Sunday through Thursday, and between the hours of 10:00 p.m. and closing on Friday and Saturday, a limited menu of five (5) hot food items from the full menu, at least two (2) of which must be a hot sandwich plate or similar, shall be served.
2. A certified food preparer must prepare all limited menu items on premises, be present at all times during the sale of alcohol liquor, and while a lounge/bar on the premises is open.
3. The annual fee for any class S license shall be two thousand seventy dollars ($2,070.).
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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.