HomeMy WebLinkAboutORDINANCES-2018-055-O-1804/12/2018
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AN ORDINANCE
Amending City Code Section 3-4-6-(F-1)
Eliminating the 500 Foot Restriction From
Other Class F-1 Liquor Licensees
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-4-6-(F-1) of the Evanston City Code of 2012,
as amended, is hereby further amended by eliminating the five hundred (500) foot
restriction from other Class F-1 liquor licensees to read as follows:
(F-1) CLASS F-1 licenses, which shall authorize the retail sale of packaged alcoholic
liquor for consumption off premises and the sale of beer and wine for
consumption on the premises as an incidental part of a grocery store, as defined
in Section 3-4-1 of this Chapter, to persons of at least twenty-one (21) years of
age.
Class F-1 licenses shall be subject to the following conditions and limitations for
the sale of alcohol, in original) packages, unopened only:
1. It shall be unlawful for a Class F-1 licensee to sell a single container of
beer for consumption off premises unless the volume of the container is
greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a
licensee to bundle, tape, package, or otherwise manipulate single
containers of beer for sale as a set. Any such manipulation of packaging
shall be a violation of this Subsection. Nothing in this Subsection shall be
construed as prohibiting the sale of packages containing six single
containers of beer, including such packages consisting of various single
containers of beer chosen by the consumer.
2. It shall be unlawful for a Class F-1 licensee to sell a single container of
wine for consumption off premises unless the container is greater than
sixteen (16) fluid ounces or 0.473 liters.
3. It shall be unlawful for a Class F-1 licensee to sell a single container of
alcoholic liquor for consumption off premises, except beer and wine which
are regulated by Subsections (F-1)1 and (F-1)2 of this Section, unless the
container is greater than sixteen (16) fluid ounces or 0.473 liters.
4. The sale of alcoholic liquor at retail for off -site consumption pursuant to
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the Class F-1 license may begin after 8:00 a.m., Monday through Sunday.
Alcoholic liquor for off -site consumption shall not be sold after the hour of
12:00 midnight on any day.
5. A Class F-1 licensee shall provide a minimum of fifty thousand (50,000)
square feet of production, preparation, and display area in which products
are prepared and are for sale. The gross floor area shall include premises
within the exterior walls of the grocery store, but does not include any
outdoor patio, parking, storage or display areas.
6. Alcoholic liquor sold in original packages and intended for consumption off
the premises shall not be opened or consumed on the premises or in any
designated seating/service area.
7. Class F-1 licenses shall permit the tasting of samples of the alcoholic
liquor 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 tastings, each of
which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces
for beer and one -quarter (.25) fluid ounce for distilled alcohol, to any
person in a day. Licensees must have at least one (1) BASSET -certified
site manager on -premises whenever offering alcoholic liquor for tastings.
Licensees must provide food service when offering alcoholic liquor for
tastings.
The sale of beer and wine shall be permitted for consumption on the premises
subject to the following conditions:
8. The sale of beer and wine only for consumption on the premises shall be
served only in a designated seating/serving area, which includes an area
where food is prepared and regularly served on the premises. Such food
may include hot or cold sandwiches, appetizers, tapas, sushi, baked
goods or other similar foods.
9. The consumption of beer and wine on the premises shall be permitted in
the designated seating/serving area as well as the shopping areas
throughout the premises; however, the licensee shall mark, with
conspicuous signage, the areas past which consumption of beer and wine
is no longer permitted.
10. The designated seating/serving area for customers consuming beer and
wine on the premises shall be limited to five percent of the gross floor
area.
11. The total space for on premise consumption shall be no more than 2,500
square feet. Such 2,500 square feet shall be measured as the space
inside the barriers which are required in Subsections (F-1)10 and (F-1)11.
12. Under no circumstance shall the consumption of beer and wine be allowed
in an outdoor patio.
13. It is intended that the service of beer and wine is merely adjunct to the
operation of a grocery store and that the facility shall not be advertised or
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otherwise held out to be a drinking establishment.
14. Under no circumstance shall the sale of beer and wine take place outside
of the normal business hours of the grocery store.
The applicant for a Class F-1 license shall pay a first year license fee of forty thousand
dollars ($40,000.00). Thereafter, the annual fee for a Class F license shall be thirteen
thousand dollars ($13,000.00).
No more than one (1) such licenses shall be in force at any one (1) time.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: 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 4: 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 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law. t Introduced: ?TA d'3 , 2018 Approved:
Adopted: !"\o1-1 , 2018 12018.
ephen lq. Hag y, ajror
Attest:
Devon Reid, City LNerk
Approved as to form:
X&� f, 4110-�
Michelle L. Masoncup, Interim Corporation
Counsel
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