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TO: Mayor Richard C. Irvin
FROM: Jennifer Stallings, City Clerk
DATE: February 21, 2022
SUBJECT:
An Ordinance amending Chapter 6 Sec. 6-2, 6-8 and 6-14 of the Code of Ordinances relating to the delivery of alcohol.
PURPOSE:
To amend Chapter 6 Sec. 6-2, 6-8 and 6-14 to comply with the Liquor Control Act of 1934, specifically, amendments made to 235 ILCS 5/5-1(d) through Public Act 101-0668.
BACKGROUND:
The liquor code currently identifies local rules for the delivery of alcohol in the city. Public Act 101-0668 went into effect on January 1, 2022 and preempts the authority of home rule units to restrict alcohol deliveries from a licensed retailer to a consumer. The city code imposes regulations on the delivery of alcohol and the relevant code sections must be amended to comply with State law.
DISCUSSION:
Public Act 101-0668 became effective on January 1, 2022, amending Section 5/5-1(d) of the Illinois Liquor Control Act. This Act preempts the authority of home rule units to restrict alcohol deliveries. The city code currently requires a "delivery endorsement" be obtained by a licensee prior to delivering alcohol. This section must be removed to comply with State law and the language of other sections addressing the delivery of alcohol must be modified.
IMPACT STATEMENT:
The impact of this amendment is that business owners will be required to comply with State law with respect to the delivery of alcohol.
RECOMMENDATIONS:
Staff requests that the proposed modifications be adopted.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Chapter 6 Sec. 6-2, 6-8 and 6-14 of the Code of Ordinances relating to the delivery of alcohol.
body
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
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