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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel and Jennifer Stallings, City Clerk
DATE: March 3, 2020
SUBJECT:
An Ordinance Amending Chapter 6, Section 6 (a)(3) of the City of Aurora Municipal Code.
PURPOSE:
The language of Section 6-6 (a)(3) needs to be amended to allow the Local Liquor Commissioner the ability to determine whether the applicant has been sufficiently rehabilitated to warrant public trust.
BACKGROUND:
The Clerk's Office has received applications with criminal history that is over twenty years old. This portion of the Code does not allow an evaluation to occur despite the State Liquor Control Act allowing the Local Liquor Commissioner to make that evaluation and ultimately the determination of whether they are allowed a license based on their criminal history.
DISCUSSION:
By amending this section to allow the Local Liquor Commissioner to make the determination on whether a person has been sufficiently rehabilitated to warrant the public trust makes it consistent with the State Liquor Control Act. The burden is still on the applicant to show that they have been rehabilitated.
IMPACT STATEMENT:
The impact should be minimal. It will require the Local Liquor Commissioner to make an evaluation the same as he or she has done previously in subsection (a)(2) and (a)(4) of Chapter 6, Section 6.
RECOMMENDATIONS:
We request that this ordinance amendment to Chapter 6, Section 6, (a)(3) of the City of Aurora Municipal Code is approved.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance An Ordinance Amending Chapter 6, Section 6 (a)(3) of the City of Aurora Municipal Code.
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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 to reflect the State Local Liquor Control Act and allow the Local Liquor Commissioner to make a determination on whether someone has been rehabilitated under Chapter 6, Section 6 (a)(3).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 6, Section 6(a)(3) of the City of Aurora Code of Ordinances shall be and hereby is amended as set forth in 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 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.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.