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TO: Mayor Thomas J. Weisner
FROM: Wendy McCambridge, City Clerk
DATE: February 18, 2016
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 changes to the current liquor ordinance.
BACKGROUND:
The current liquor code was adopted in 1986, with amendments in 2010, 2011 and 2015. The most recent amendment in 2015 defined a new liquor class, G-1 - Package beer and wine license, gasoline sales. The changes that are being introduced clarifies the eligibility requirements for potential licensees and provides for definition of terms used in the license classification.
DISCUSSION:
The changes to the current class G-1- beer and wine liquor license class are listed in brief.
Changes to Current Classifications:
Class G-1 - Package Beer and Wine License with Gasoline Sales
• Defines the primary purpose of the business as the sale of both gasoline and convenience store and not the sale of alcoholic liquors.
• The space requirement was changed from at least three thousand (3,000) square feet of retail space to be two thousand two hundred (2,200) square feet of space dedicated to retail sales and storage space.
• Added that the products for sale must be available on a regular basis.
• Added that the goods must be non-expired.
• The categories for sale changed to dairy, baked goods, frozen foods, groceries, snack goods, prepared foods, health and beauty aids. This added prepared foods as a category and combined health aids and beauty aids into one category.
• Provides for definitions for all categories of convenience goods.
• Modified the space available for alcoholic liquor sales to be ten percent (10%) of retail space.
• Added that the space for retail space to be used for alcoholic liquor sale must be contiguous.
• Added a minimum size of wine containers allowed for sale.
• Discourages the creation of packaging or bundling of goods other than the original package or bundle of products from the retailer.
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, March 1, 2016 Committee of the Whole Meeting.
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:
(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 written 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 (50) percent 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).
b. Class G-1-Package beer and wine license, gasoline sales.
1. Authorizes a licensee that sells gasoline to also sell to the general public beer and wine in original packages only, for consumption off the premises where sold, only during the time that gasoline is also sold.
2. This license shall not be available in the RiverEdge Redevelopment Plus Zone, and shall only be available for establishments which primary purpose is the sale of both gasoline and convenience goods and not the sale of alcoholic liquor that have at least three thousand (3,000) square feet of retail space, which primary purpose is other than the sale of alcoholic liquors two thousand two hundred (2,200) square feet of space dedicated to retail sale and storage of products for retail sale. The space dedicated to retail sales and storage of products for retail cannot include space used in part or in whole as an office, restroom (either private or public), utility room/closet, or seating for an onsite restaurant. Convenience goods means food, beverages, medications, household products, cosmetic items and reading materials. and which sells The establishment must on a regular basis sell at least five (5) of the seven (7) following categories of products non-expired convenience goods: dairy, baked goods, frozen goods, groceries, snack foods, prepared foods, health aids and beauty aids. Dairy includes refrigerated milk, yogurt, ice cream, cheese and butter products. Baked goods includes breads, cakes, pastries, and cookies both pre-packaged and fresh. Frozen goods require storage in freezers. Groceries includes fresh, boxed, canned, and bagged foods. Snack foods may include candy, gum, chips, or single size servings of food items. Prepared foods includes foods prepared by the manufacturer or vendor to be served or used with minimal further preparation such as sandwiches, salads, or soup. Health and beauty aids includes items such as medications, bandages, cosmetics, grooming, and skin care products. Retail space for purposes of this license is defined as the interior floor space within the licensee establishment that is exclusively utilized for the retail sale of products, not services. Upon receipt of a Class G-1 license, a maximum of ten (10) percent of available retail space shall be utilized by licensee for the sale of alcoholic liquor as provided herein. Retail space for purposes of this license is defined as the interior floor space within the licensee establishment that is exclusively utilized for the retail sale of products, not services or storage of retail products. The retail space to be used for alcoholic liquor sale must be contiguous.
3. A license shall only be granted to establishments that do not provide video gaming services on the premises.
4. Individual cans/bottles of beer shall not be sold by licensee, beer shall be sold only in six-pack portions. Wine may only be sold in containers of no less than 750 ml. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers for sale as a set. Any such manipulation of packaging shall be a violation of this subsection.
5. The annual fee for a Class G-1 license shall be one thousand six hundred fifty dollars ($1,650.00).
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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.