HomeMy WebLinkAboutORDINANCES-2019-059-O-195/30/2019
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AN ORDINANCE
Amending City Code Section 3-4-6-(1)
to Increase the Number of Class I Liquor Licenses from One to Two
(2022 Central, LLC d/b/a Lush Wine & Spirits)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Class I of Table 1, Section 3-4-6 of the Evanston City Code
of 2012, as amended, is hereby further amended and revised as follows:
Class Type Consume Consume Initial Renew Licenses Location Permitted
on site off site Fees Fees Limit Hours
Restaurant/Package
Store
Liquor Liquor $7,500 $7,500
12 p.m. —
10 P.M.
(Mon-
Thurs);
2 None 12 p.m. —
11 P.M.
(Fri -Sat)
10 a.m. -
10 P.M.
(Sun)
SECTION 2: Subsection 3-4-6-(I) of the Evanston City Code of 2012, as
amended, is hereby further amended by increasing the number of Class I liquor licenses
from one (1) to two (2) to read as follows:
(I) CLASS I licenses, which shall authorize the retail sale in a restaurant of
alcoholic liquor for both consumption on the licensed premises where sold, and
for consumption off the premises. No Class I license may be granted to or
retained by an establishment in which the facilities for food preparation and
service are not primarily those of a "restaurant", as defined in Section 3-4-1 of
this Chapter. Each Class I license shall be subject to the following conditions:
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1. The Class I license requires the licensee to operate both the restaurant and retail
sales area. The licensee shall not assign the privilege to operate the retail sales
area. Class I licenses authorize retail sales of alcoholic liquor in original packages
to persons of at least twenty-one (21) years of age for consumption off the
premises.
2. It shall be unlawful for a Class I licensee to sell a single container of wine in its
original package unless the volume of the container is greater than or equal to
three hundred seventy-five (375) milliliters.
3. It shall be unlawful for a Class I licensee to sell a single container of beer in its
original package unless the volume of the container is greater than or equal to ten
(10) ounces or two hundred ninety-five (295) milliliters.
4. It shall be unlawful for a Class I licensee to sell a single container of an alcoholic
spirit in its original package unless the volume of the container is greater than or
equal to two hundred (200) milliliters.
5. A Class I licensee shall sell alcoholic liquor in original packages for off -premises
consumption at a cash register designated for the sale of such alcoholic liquor and
which is operated by a person of at least twenty-one (21) years of age.
6. Alcoholic liquor may be sold in restaurants holding Class I licenses for
consumption on the licensed premises only when their patrons are offered
expanded food service during the hours set forth in this Section. An expanded
food service shall consist of -such items as sandwiches, flatbreads, empanadas,
hot dogs, salads, or other similar a la carte items to customers who are
purchasing a wine, beer, or alcoholic spirit.
7. , The sale of alcoholic liquor for both on .premises consumption, and for
consumption off the premises, shall begin after 12:00 p.m. Monday through
Saturday and 10:00 a.m. on Sunday. Alcoholic liquor shall not be sold after the
hour of 10:00 p.m. on any Sunday through Thursday. Alcoholic liquor shall not be
sold after the hour of 11:00 p.m. on any given Friday or Saturday.
8. Class I licenses shall permit the tasting of samples of beer, wine, and alcoholic
spirits, permitted to be sold under this classification, on the licensed premises
during authorized hours of business. No charge, cost, fee, or other consideration
of any kind shall be levied for any such tasting. Licensees shall not provide more
than three (3) free samples, each of which shall not exceed one (1) fluid ounce for
wine, two (2) fluid ounces for beer, and one -quarter (0.25) fluid ounce for alcoholic
spirits, to any person in a day. Licensees must have at least one (1) BASSET -
certified site manager on -premises whenever offering wine, beer, or alcoholic
spirits for tasting. Licensees must provide food service when offering wine, beer,
and/or alcoholic spirits for tasting.
9. Class I license fees are as follows:
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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 seven thousand five hundred dollars ($7,500.00).
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 seven thousand eight hundred seventy-five dollars ($7,875.00).
No more than two (2) such license(s) shall be in force at any one (1) time.
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 ruled unconstitutional or otherwise invalid, such invalidity
shall 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.
SECTION 5: 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.
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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Introduced:2019 Approved:
Adopted: ��,� e o , 2019 JI(" 2y , 2019
e
Stephen . Hag y, or
Attest:
Devon Reid, OTY—Clerk
Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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