City of Aurora - File #: 19-0496

• File #: 19-0496
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 6/4/2019
• In control: City Council
• On agenda: 8/27/2019
• Final action: 9/10/2019
• Title: An Ordinance amending Chapter 6 - ALCOHOLIC LIQUOR, Section 6-13 of the City of Aurora Code of Ordinances Entitled "Allowed Areas."

Date	Ver.	Action By	Action	Result
9/10/2019	2	City Council	adopted	Pass
8/27/2019	2	City Council	(HELD)
8/20/2019	2	Committee of the Whole	(PLACED ON UNFINISHED BUSINESS)
8/6/2019	2	Rules, Administration, and Procedure	recommended for approval	Pass
7/16/2019	2	Rules, Administration, and Procedure	held	Pass
7/2/2019	2	Committee of the Whole	returned	Pass
6/18/2019	2	Rules, Administration, and Procedure	recommended for approval as amended	Pass

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TO: Mayor Richard C. Irvin and the City Council

FROM: The Law Department

DATE: June 4, 2019

SUBJECT:
An ordinance amending Chapter 6 - ALCOHOLIC LIQUOR, Section 6-13 of the City of Aurora Code of Ordinances Entitled "Allowed Areas."

PURPOSE:
This proposed amendment seeks to allow for a potential reduction of the distance requirement which prohibits the sale of liquor within one hundred (100) feet of a church, grade school, middle school, alternative school or high school, hospital, or home for indigent persons.

BACKGROUND:
In 2018, the Illinois General Assembly amended the State Liquor Control Act to allow for local municipalities to reduce the prohibition on liquor licenses within 100 feet of a church, grade school, middle school, alternative school, or high school, hospital, or home for indigent persons. The legislature specifically added section (a-5) to the statute which states "a local liquor control commissioner may grant an exemption to the prohibition in subsection (a) of this Section if a local rule or ordinance authorizes the local liquor control commissioner to grant that exemption." 235 ILCS 5/6-11(a-5).

DISCUSSION:
Adopting this proposed amendment to the City's Ordinance would allow for liquor licenses to be granted under certain circumstances where the establishment seeking the sale of liquor is within 100 feet of a church, school, hospital or home for indigent persons. The amendment outlines a specific process for an establishment to submit for a reduction requirement with their application for a liquor license. A hearing officer would review the request for a reduction and consider nine specific factors in making a decision on whether to recommend or deny the distance reduction. After review the factors, if the administrative hearing officer recommends a reduction, the liquor commissioner could then grant such a reduction if the liquor commissioner determines that doing so would not detrimentally affect the church, grade school,...