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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: August 14, 2020
SUBJECT:
An Ordinance amending provisions of the Aurora Liquor Control Ordinance pertaining to nuisances and "allowed Areas" for licenses.
BACKGROUND:
Over the past year, staff has been reviewing and updating Chapter 6 of the City of Aurora Code of Ordinances. This proposed amendment represents an update requested by the Zoning and Planning Department to streamline the “Special Use” process.
Staff further recommends an amendment to clarify the definition of the term "nuisance activity"
DISCUSSION:
The current ordinance calls for a liquor license applicant whose proposed business will reside within 500 feet of a residential area, to go through the “Special Use” (SU) process to obtain permission. The process to obtain a SU takes 60-90 days, making it costly and time consuming for the applicant. The proposed process would mirror the one adopted by the City Council in September of 2019 (Exhibit B - Legistar File 19-0496) to address businesses within a set distance of a church or school.
The process described in 6-13(d)(2) provides a review process that allows the applicant to submit information to the Liquor Control Hearing Officer, who then reviews and provides a recommendation to the Local Liquor Control Commissioner. Included in this process is the Ward Alderman, who is given the opportunity to submit written feedback on the proposed business location to the hearing officer (6-13(d)(3)). If the Local Liquor Control Commissioner provides a favorable recommendation, document granting the distance reduction is included in the liquor application packet provided to the City Council.
Adopting this process to replace the current SU was discussed as part of the Chapter 6 changes approved by the City Council in April of 2020. There will be additional proposed amendments to this section in the future, specifically pertaining to outdoor dining.
IMPACT STATEMENT:
The process described in 6-13 has proven to be effective for schools and churches, and would reduce the burden on business owners as well as provide a specific mechanism for the Ward Alderman to provide feedback.
RECOMMENDATIONS:
Staff respectfully requests this proposed amendment be forwarded to Committee of the Whole for full Council review.
cc: Rules, Administration and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending the Aurora Liquor Control Ordinance pertaining to nuisance activity and the process of applying for licensure in certain locations.
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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, the City Council finds that it is appropriate and in the best interest of the City to amend Sec. 6-2 and Sec. 6-13 of the Aurora Liquor Control Ordinance to better define nuisance activity and to standardize the process for reducing the setback requirement for licensed premises in certain zoning districts; and
WHEREAS, for the purpose of consistency throughout the Code of Ordinances, City of Aurora, that the Aurora Liquor Control Ordinance hence be known as the "Liquor Control Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the Aurora Liquor Control Ordinance shall be and hereby is amended as set forth in said "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 part of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases, or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.