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TO: Mayor Thomas J. Weisner
FROM: Wendy McCambridge, City Clerk
DATE: August 23, 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 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 distillery. The distillery license is being introduced to enable Two Brothers Roundhouse to expand their operations to include the production of alcoholic liquor in small batches through a new company Two Brothers Artisan Spirits. Two Brothers would offer the alcoholic liquor for sampling after tours and for sale at on-site bar locations at the Roundhouse.
New Addition for the Classification:
Class R- Distillery License
• Allows for the manufacture, storage and distribution of alcoholic liquors and the sale of such liquor for consumption off-premises and on-premises.
• Limits samples to no more than three (3) one-quarter (1/4) fluid ounce servings to one person in one day.
• Food must be available when liquor is purchased for on-premise consumption.
• The area dedicated to manufacturing alcoholic liquor shall be segregated from the remainder of the premises and not be accessible to the general public except during scheduled tours
• Sampling and on-premise sale by the glass may occur at the licensed premise during tours or at an approved non-adjacent space within the same building
• No video gaming will be allowed on the premises.
• Every licensee must have a valid Distiller License from the State of Illinois and keep accurate records of wine production and sales. Records will be available to the City for review upon request.
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, September 6, 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:
18. Class R- Distillery License
a. Authorizes the manufacture, storage and distribution of alcoholic liquors (except beer or wine) on and from the licensed premise. It also authorizes on-site sampling and sale by the drink of the on-site manufactured alcoholic liquor by persons of at least twenty-one (21) years of age. The retail sale of alcoholic liquor is limited to the product manufactured on premise.
b. Class R may offer product sampling for consumption, provided that up to three (3) samples, consisting of no more than one-quarter (1/4) ounce of alcoholic liquor may be served to a consumer in one day. Alcoholic liquor for product sampling shall be dispensed only in containers provided by the licensee.
c. Sampling and on-premise sale by the glass may occur at the licensed premise during supervised tours or at an approved designated non-adjacent space within the same building.
d. Class R licensees must provide food service whenever alcoholic liquor is available for on-premise consumption sales. The licensee is strictly liable for complying with all provisions regarding food service.
e. The portion of the licensed premises dedicated to the manufacturing of alcoholic liquors shall be segregated from the remainder of the premises and shall not be generally accessible to the public except during scheduled public tours.
f. Any public tours of the manufacturing portion of the licensed premises shall be subject to public safety restrictions imposed by the Fire Department.
g. Every Class R licensee must have a valid Distiller License from the State of Illinois and maintain the facilities on the premises for the manufacture of alcoholic liquors as authorized by the Illinois State Liquor Commission. Every licensee shall maintain accurate records as to the total volume of alcoholic liquor manufactured on the premises, total volume sold for off-premise consumption and total volume sold on-premise. Licensee shall produce said records to the City upon request.
h. Video gaming on the premises is prohibited.
i. All applicable taxes including sales and beverage tax shall be collected and paid on all revenue realized from the sale of the alcoholic liquor.
j. The annual payment fee for such license shall be two thousand and 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.