HomeMy WebLinkAbout071-O-22 Amending Section 3-14-5 of the Evanston City Code, “Location Restrictions”7/11 /2022
7/13/2022
71-0-22
AN ORDINANCE
Amending Section 3-14-5 of the Evanston City Code,
"Location Restrictions"
WHEREAS, the Beacon Academy, a private school serving grades 9-12,
currently located at 1574 Sherman Avenue, in Evanston, Illinois, has applied for a
special use permit for its Arts Annex, to be located at 1026 Davis Street in the D2
Downtown Retail Core District; and
WHEREAS, Section 3-14-5 "Location Restrictions" of the City Code
generally forbids the sale of tobacco products within one hundred fifty (150) feet as
measured from lot line to lot line of any high school, middle school, or elementary
school, with the exception of the Park School and Rice Children's Center of the
Evanston/Skokie School District 65 Special Schools and Centers; and
WHEREAS, the proposed location of the Arts Annex at 1026 Davis Street
is within one hundred fifty (150) feet of Evanston 1st Liquors, located at 1019 Davis
Street and a retailer of tobacco products; and
WHEREAS, the City Council previously created an exception from the
tobacco sale restrictions for businesses located within one hundred fifty (150) feet of the
Park School and Rice Children's Center; and
WHEREAS, the City Council has determined that it is in the best interests
of the City to create a new exception from the tobacco sale restrictions for businesses
located within one hundred fifty (150) feet of the proposed location of the Arts Annex at
1026 Davis Street;
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71-0-22
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Title 3, Chapter 14, Section 5 "Location Restrictions" of the
Evanston City Code of 2012, as amended, is hereby further amended to read as
follows:
3-14-5. — LOCATION RESTRICTIONS.
(A) Prohibited. It shall be unlawful for any person to sell, offer for sale, give away, or
deliver tobacco or liquid nicotine products within one hundred fifty (150) feet as
measured from lot line to lot line of any high school, middle school or elementary
school except for the Park School and Rice Children's Center of the Evanston/Skokie
School District 65 Special Schools and Centers and private educational institutions
located in any Downtown zoning districts as listed in Title 6, Chapter 11 of the City
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(B) Penalty. Any person violating this Section shall be fined not less than five hundred
dollars ($500.00) for each offense, one thousand dollars ($1,000.00) for the second
offense and license revocation for the third offense. In addition to any other penalty, a
licensee, or any agent of a licensee, convicted of violating any provision of this Section
may subject licensee to having his/her license revoked, suspended or not renewed by
the Health Director. For purposes of this Section, a clerk or salesperson is considered
an agent of the licensee.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
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71-0-22
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: Ordinance 71-0-22 shall be in full force and effect after its
passage and approval.
SECTION 6: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: July 11 12022 Approved:
Adopted: July 11 , 2022 July 19 2022
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Daniel Biss, Mayor
Attest: Approved as to form:
Stephanie Mendoza, City Clerk Derke Price, Interim Corporation Counsel
MCC
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