HomeMy WebLinkAboutORDINANCES-2019-056-O-195/15/2019
5/23/2019
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AN ORDINANCE
Amending Various Portions of the City of Evanston Zoning Ordinance
Creating Brew Pubs and Craft Alcohol Production Facilities
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Section 3-4-1, "Definitions," of the Evanston City Code of
2012, as amended, is hereby amended to include the following definitions:
To distill, ferment, brew, make, mix, concoct, process,
Manufacture (Alcohol) blend, bottle or fill an original package with an alcoholic
liquor, whether for oneself or for another, and includes
blending but does not include the mixing or other
preparation of drinks for serving by those persons
authorized and permitted in the Illinois Liquor Control Act to
serve drinks for consumption on the premises where sold.
A brewer, fermenter, distiller, rectifier, wine maker, blender,
Manufacturer processor, bottler or person who fills or refills an original
package, whether for himself or for another, and others
engaged in brewing, fermenting, distilling, rectifying or
bottling alcoholic liquors as defined in the Illinois Liquor
Control Act.
SECTION 2: Table 1 of Section 3-4-6 of the Evanston City Code of 2012,
as amended, is hereby further amended and revised to add the following:
P-5 Alcohol Liquor or Liquor or$3,000 $3,000 0 None 10 a.m. —
Manufacturer beer — Asbeer— As 10 p.m.
permitted permitted (Mon -
by state law by state law Thurs)
10 a.m. —
11 p.m.
(Fri -Sat)
12 p.m. —
i 10 p.m.
I (Sun)
*The hour
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limitation in
this section
only applies
when a P-5
License
holder is
open to the
public and
serving or
selling
alcohol
directly to
consumers.
SECTION 3: Subsection 3-4-6 of the Evanston City Code of 2012, as
amended, is hereby further amended by the enactment of a new Subsection (P-5)
thereof, "Class P-5 Liquor License", to create a new license with the following special
conditions and restrictions to read as follows:
(P-5) CLASS P-5 Manufacturer license shall authorize the manufacture, importation in
bulk, storage, distribution and sale of alcoholic liquor to persons without the State, as
may be permitted by State and Federal Law and to licensees in this State:
1. Manufacturers of alcohol, not including wine or beer, may make sales and
deliveries of alcoholic liquor to distillers, rectifiers, importing distributors,
distributors and non -beverage users and to no other licensees.
2. Manufacturers of beer may make sales and deliveries of beer to importing
distributors and distributors and may make sales as authorized under the Illinois
Liquor Control Act.
3. All business or entities that manufacture alcoholic beverages must obtain a
Manufacturer (P-5) license, unless the business or entity qualifies for another
license in Section 3-4-6(P) of the Evanston City Code
4. If retail sales for off -site consumption are permitted by State law, it shall be
unlawful for a Class P-5 licensee to sell a container of alcohol for off -premises
consumption unless the container is greater than or equal to two hundred (200)
milliliters in volume.
5. If permitted by State Law, Class P-5 licensees may, during authorized hours of
business, offer samples of the alcohol permitted to be produced and sold
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pursuant to this classification. Licensees shall not provide more than three (3)
free samples, each of which shall not exceed one -quarter (0.25) fluid ounce, to
any person in a day. Licensees may sell samples, but the volume of any sample
sold shall not exceed one (1) fluid ounce and the total volume of all samples sold
to a person in a day shall not exceed two and one-half (2.5) fluid ounces.
Licensees shall not provide and/or sell more than two and one-half (2.5) fluid
ounces of samples to any person in a day. Class P licensees must have at least
one (1) BASSET -certified site manager on premises whenever offering samples
of alcohol. Class P licensees must provide food service when offering samples of
alcohol. It shall be unlawful for the holder of a Class P-5 license to provide a
sample of or sell any alcohol before the hour of 10:00 a.m. or after the hour of
10:00 p.m. on any Monday, Tuesday, Wednesday, or Thursday; before the hour
of 10:00 a.m. or after the hour of 11:00 p.m. Friday and Saturday; and before the
hour of 12:00 noon and after the hour of 10:00 p.m. on Sunday.
6. Every Class P-5 licensee must have an alcohol manufacture license from the
State of Illinois.
The applicant for the renewal only of such licenses may elect to pay the amount
herein required semiannually or annually. Such election shall be made at the time of
application.
The annual single payment fee for initial issuance or renewal of such license
shall be three thousand dollars ($3,000.00).
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this
Chapter, shall be three thousand one hundred fifty dollars ($3,150.00).
No more than zero (0) such license(s) shall be in force at any one (1) time.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and must be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This ordinance must be in full force and effect after its
passage, approval, and publication in the manner provided by law.
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SECTION 7: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
must not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced:
Adopted:
IV V)e 10
jvne au
, 2019
, 2019
Attest:
D ,
7Vw��,CCL
Approved:
lU , 2019
Lphen H. Hage or f
Approved as to form:
Michelle L. Masoncup, Corporation Counsel
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