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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 clarify policies and to create efficiencies in the code for consistent enforcement.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011, 2015, 2016 and 2017.
DISCUSSION:
The City Code has duplicative references of procedures within the code and definitions that are warranted. This edit has the purpose of ensuring that all terms have corresponding definitions and that current procedures are accurately depicted in the code.
Added definitions of terms used within the code:
Cater or catering
• This addition provides a definition of the term that is used in the code clarify the definition of this type of business
Original package
• This clarifies what is the intent and meaning of this term within the code and how this terms should be interpreted.
Private party
• Provides for guidance on distinguishing what a private event is in contrast to a public event
Sale
• Provides guidance of what this term means throughout the code, but particularly regarding the temporary licenses where there has been confusion.
Spirits
• This term was missing from the code and an assumed definition was utilized. Defining the term will prevent any misinterpretations or assumptions.
Housekeeping Edits
Section 6-5(7) removes the section regarding an applicant having the inability to have committed a felony to be considered eligible. This was repealed by an edit to Section 6-6(2) through O15-053 approved on August 25, 2015.
Section 6-8 (3)(b) and (7)(a)(2) discusses the ability for package retailer license holders to allow for on-site samples. This edit would remove the requirement to put in writing requests to allow for the samples.
Section 6-8(11)(b) adds language that the caterer license only allows for events within the City limits to be covered by the license.
Section 6-8(11)(c) eliminates the need for the catering business with a location within the City to have the business headquarters within the City.
Move Section 6-23a(1) and (2) to Section 6-10(c) regarding the need to have BASSET trained people at Special Events for Temporary Permits.
Strike Section 6-20(b)(1) regarding the payment of background check fees to the City. The City has instituted a policy that background checks will be conducted by third party vendors instead of the Aurora Police Department.
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 January 9, 2018 Government Operations Committee 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.
Cater or catering is a person, corporation, partnership, Limited Liability Company or other business entity which services alcoholic liquor for consumption as an incidental part of food and beverage service that serves meals off site of a licensed premises or a restaurant.
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Original package shall mean any bottle, flask, jug, can, cask, barrel, keg, hogshed or other receptacle or container of whatsoever kind, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.
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Private party is an event where attendance is by invitation only, the host controls access to the premises, and alcoholic beverages are provided to invited guests at no charge.
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Sale (to sell) shall mean any transfer or exchange in any manner or by any means whatsoever for direct or indirect consideration, and including all sales made by any person, whether as principal, proprietor, agent, servant or employee, includes, but is not limited to, all of the following acts:
(1) The selling of alcoholic liquor;
(2) The giving away of alcoholic liquor;
(3) The dispensing of alcoholic liquor;
(4) The providing of mix, ice, water or glasses for consumption of alcoholic liquor on premises;
(5) The pouring of alcoholic liquor;
(6) The providing of setups containing alcoholic liquor;
(7) The storage of any alcoholic liquor.
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Spirits shall mean any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution and includes brandy, rum, whisky, gin or other spirituous liquors and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
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Sec. 6-5. - Application for license.
(b)
(6) Whether applicant has made application for a similar license or any other license for the premises except as described in this application and the disposition of such application.
(7) That applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter contained in this chapter, laws of this state or the ordinances of this city.
(87) Whether a previous license by any state or subdivision thereof, or by the federal government has been issued, if so where and when, or if any such license has been revoked, and the reasons thereof.
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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
b. Samples of alcoholic beverages may from time to time be served on said premises. with the prior permission of the local liquor control commissioner.
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).
(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.
2. Samples of wine may from time to time be served on said premises.with the prior permission of the local liquor control commissioner.
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).
(11) Class K-Catering license.
a. Authorizes the licensee to sell alcoholic liquor in connection with the operation of a catering business within the city.
b. Authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption at a private party at a location within city limits when the food for said party is prepared by the licensee.
c. The license shall only be issued to persons who can demonstrate that they are operating a bona fide catering business with headquarters within the city
d. All food and beverage sales made by the licensee shall be made at the registered office of licensee, which shall be deemed the licensed premises. Such sales shall be subject to the applicable municipal taxes.
e. The annual fee for a Class K license shall be eight hundred twenty-five dollars ($825.00).
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Sec. 6-10. - Temporary permits.
(c) 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) 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) Dram shop liability insurance to the maximum limits, covering the specific date(s) of the special event; and
(3) 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.
(4) 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.
(3 5) Any other documents the local liquor commissioner may request pursuant to state or local liquor control laws, rules and regulations.
(d) No more than three (3) temporary permits may be granted to any organization during a calendar year.
Sec. 6-20. - Manager or officer.
(b) Any establishment which has a change of officer (president, secretary, or treasurer) or if less than fifty (50) percent of a partnership changes, the licensee shall notify the local liquor control commissioner within ten (10) days of such change. Such change of officer or partner will be allowed provided the following criteria are met:
(1) That a payment be made in the amount of fifty dollars ($50.00). This payment will not be required for any officer who has been an officer within the corporation during the past three (3) years.
(2)(1) That the proposed new officer is a person who is qualified or possesses the same qualifications required of the licensee, except that said officer shall not be required to be a resident of the City of Aurora.
(3) (2) That a written application be provided with information as required by the local liquor control commissioner. The applicant shall submit to a background check and shall provide the local liquor control commissioner with any documents necessary for said background check.
(4) (3) That written permission be given by the local liquor control commissioner authorizing such change in officer or partner.
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Sec. 6-23. - Alcohol sellers and servers training requirements.
(a) Effective May 1, 2010, all new applications shall be accompanied by proof of completion of a state-certified beverage alcohol sellers and service education and training program for all persons who serve or sell alcoholic beverages pursuant to that license.
(1) 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 one (1) person present at the alcohol sales or service area on the licensed premises and provided such supervisor has successfully completed said state-certified training.
(2) 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 (b) 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.
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.