HomeMy WebLinkAboutORDINANCES-2019-057-O-194/24/2019
5/20/2019
5/23/2019
6/3/2019
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AN ORDINANCE
Amending Various Portions of the City of Evanston Liquor Code
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Subsection 3-4-6-(J) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting off -site brewing and the sale of beer
and cider produced by other brewers to read as follows:
1. It shall be unlawful for a Class J licensee to sell a container of beer for off -
premises consumption unless the volume of the container is equal to or greater
than twelve and one half (12.5) ounces or 375 ml.
SECTION 2: Subsection 3-4-6-(P-2) of the Evanston City Code of 2012,
as amended, is hereby further amended by permitting off -site brewing and the sale of
beer and cider produced by other brewers to read as follows:
(P-2) CLASS P-2 CRAFT BREWERY license shall authorize the on -site production
and storage of craft beer in quantities not to exceed nine hundred thirty thousand
(930,000) gallons (or thirty thousand (30,000) barrels) per year and the sale of
such beer for consumption off -premises. If the State Liquor Commission provides
prior approval, a P-2 Craft Brewery license holder may annually transfer up to
465,000 gallons of beer manufactured by that P-2 Craft Brewery license holder to
the premises of a licensed Craft Brewery wholly owned and operated by the same
licensee. The annual amount transferred shall count toward the Craft Brewery's
annual permitted production limit. A Class P-2 Craft Brewery License also
authorizes on -site sampling and retail sale for consumption of such beer by
persons of at least twenty-one (21) years of age. Such craft brewery licenses shall
be issued subject to the following conditions:
1. It shall be unlawful for a Class P-2 licensee to sell a container of beer for off -
premises consumption unless the volume of the container is equal to or greater
than twelve and one half (12.5) ounces or 375 ml.
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2. Class P-2 licensees may during authorized hours of business offer for onsite
consumption samples of beer, or beer for retail sale, the beer permitted to be
produced and sold pursuant to this classification. Class P-2 licensees may also
sell on the licensed premises to non -licensees for on or off -premise consumption
for the premises in which he or she actually conducts such business (i) beer
manufactured by any other brewer, class 1 brewer, or class 2 brewer; and (ii)
cider. A P-2 licensee is limited to five (5) taps for beer or cider not manufactured
by the licensee. Also the licensee's gross sales of beer or cider not
manufactured by the licensee cannot exceed 50% of the licensee's total gross
retail sales of alcohol. Licensees who offer servings of beer for retail sale shall
provide expanded food service which includes such items as sandwiches,
flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to
customers who are purchasing a craft beer serving(s). Licensees may arrange
for the presence and operation of a mobile food vehicle on or adjacent to the
licensed premises during authorized hours of business to serve food to
customers. Only mobile food vehicle vendors licensed pursuant to Title 8,
Chapter 23 of the City Code shall be allowed to be present and operate.
Licensees required to provide expanded food service shall comply with all
applicable requirements of Title 8, Chapter 6 of the City Code.
3. Class P-2 licensees must have at least one (1) BASSET -certified site manager
on -premises whenever beer is available for on -site consumption. All persons who
sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class
P-2 licensees must provide food service whenever beer is available for on -site
consumption, in accordance with the specifications applicable to retail sale for
on -site consumption. The licensee is strictly liable for complying with all
provisions regarding food service. Craft beer for product sampling or retail sale
for on -site consumption shall be sold and dispensed only in containers provided
by the licensee. Craft beer servings for consumption on premises shall be
dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within
the licensed premises for consumption on the premises shall not be removed
from the licensed premises.
4. It shall be unlawful for the holder of a Class P-2 license to provide a sample of or
sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday,
Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and
10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m.
on any Sunday.
5. Every Class P-2 licensee must have a valid Class 1, or Class 2 brewer's license
from the State of Illinois. Every licensee shall maintain accurate records as to the
total gallonage of beer manufactured on the premises and the total gallonage of
beer manufactured on the premises and sold for consumption off -premises.
Licensee shall produce said records to the City upon request.
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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 four thousand dollars ($4,000.00).
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 four thousand ninety dollars ($4,090.00).
SECTION 2: 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 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance must be in full force and effect after its
passage, approval, and publication in the manner provided by law.
SECTION 5: 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: c�cJYee- 0� , 2019 Approved:
Adopted: Una oq , 2019 , 2019
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Attest:
Devon
Approved as to form:
Reid, City Clerk Michelle L. Masoncup, Corpofation Counsel
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