HomeMy WebLinkAboutORDINANCES-2018-073-O-186/12/2018
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AN ORDINANCE
Amending Various Section of Title 3, Chapter 4, "Liquor Control
Regulation," to Allow Restaurant Liquor License Holders Sunday
Alcohol Service Hours to Begin at 10:00 AM
NOW BE IT ORDAINED BY THE' CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Classes A, C, C-1, D, H, and I of Table 1, Section 3-4-6 of
the Evanston City Code of 2012, as amended, are hereby further amended and revised
as follows:
A Restaurant/Beer Liquor
and Wine Shop
C Hotel or Liquor
Restaurant
;Beer, Wine
i
i
$5,000
$5,000
1
i
;None
i
f
$4,300
$4,300
26
C-1 Hotel or Liquor
:None
Restaurant
t
i
D Restaurant Liquor
None
i
H Restaurant Liquor
t
NNone
i
I Restaurant/Pack Liquor
(Liquor
age Store
$8,000 $8,000 0
None
Core
Core
$2,800 $2,800 50 None
1$2,800 $2,800 1 None
I
,$7,500 $7,500 2 None
10 a.m. — 9 p.m. (Mon-
Thurs); 10 a.m. — 10
p.m. (Fri -Sat); 10 a.m. —
9 p.m. (Sun) _
11 a.m. — 1 a.m. (Mon -
Wed);
11 a.m. — 2 a.m. (Thurs-
Sat);
10 a.m. —1 a.m. (Sun)
11 a.m. — 2 a.m. on
New Year's Day,
Memorial Day, Fourth of
July, Labor Day and
Thanksgiving
11 a.m. — 2 a.m. (Mon -
Wed);
11 a.m. — 3 a.m. (Thurs-
Sat)
10 a.m. — 2 a.m. (Sun)
11 a.m.-
1 a.m. (Mon-Thurs); 11
a.m. — 2 a.m. (Fri -Sat);
10 a.m. —1 a.m. (Sun)
11 a.m. — 10 p.m. (Mon -
Sat);
10 a.m. — 10 p.m. (Sun)
12 p.m. —10 p.m. (Mon-
Thurs);
12 p.m. — 11 p.m. (Fri -
Sat)
10 a.m. —10 p.m. (Sun)
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J Brewpub Liquor ;Beer $7,500 `$7,500 2 Core 11 a.m. — 1 a.m.
(Mon-Thurs);
11 a.m. — 2 a.m. (Fri -
Sat);
10 a.m.— 1 a.m. (Sun)
SECTION 2: Subsection 3-4-6-(A) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(A) CLASS A licenses, which shall authorize the retail sale of wine, refrigerated beer,
and/or unrefrigerated beer, in original packages, for consumption off the
premises that is incidental and complementary to the retail sale of pizzas, salads,
fine cheeses, deli and gourmet food products, and related accessories. Each
Class A license shall be issued subject to the following conditions:
1. Class A licenses shall authorize the retail sale only of wine, imported beer,
and American craft beer, and of no other alcoholic liquors, for consumption off
the premises.
2. Not more than twenty (20) percent of total gross square foot area of the
licensed premises may be designated for the sale of wine, refrigerated beer,
and/or unrefrigerated beer. No tobacco product of any kind shall be sold or
offered for sale on the licensed premises.
3. Class A licensees must have at least one (1) BASSET -certified site Manager
on -premises at all times.
4. The sale of wine, and/or beer shall be limited to the hours of 10:00 a.m. until
9:00 p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday
through Saturday; 10:00 a.m. until 9:00 p.m. on Sunday.
The applicant for the renewal only of such licenses may elect to pay the amount herein
semiannually. 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
five thousand dollars ($5,000.00).
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be
five thousand one hundred sixty dollars ($5,160.00).
No more than one (1) such licenses shall be in force at any one (1) time.
SECTION 3: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
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begin at 10:00 a.m. to read as follows:
(C) CLASS C licenses, which shall authorize the sale on the premises specified of
alcoholic liquor only for consumption on the premises while food is available.
Such licenses may be issued only to hotels or restaurants in the core area.
Establishments holding Class C licenses must have some food service available
when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and
"core area" shall be as defined in 3-4-1 of this Chapter.
1. The sale of alcoholic liquor shall not take place between the hours of 1:00
a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on
Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of
January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no
such sales shall be made between 2:00 a.m. and 10:00 a.m. on Sunday.
2. A licensee operating a licensed restaurant which leases space in a hotel, may
sell alcoholic liquor to registered guests of that hotel. Any alcoholic liquor
sold must be consumed on the premises of the hotel, and be sold while food
service is available in the restaurant or hotel.
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 three hundred dollars ($4,300.00).
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable pursuant to the provisions of 3-4-7 of this Chapter, shall be four
thousand five hundred fifteen dollars ($4,515.00).
No more than twenty-six (26) such license(s) shall be in force at any one (1) time.
SECTION 4: Subsection 3-4-6-(C-1) of the Evanston City Code of 2012,
as amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(C-1) CLASS C-1 licenses, which shall authorize the sale on the premises specified of
alcoholic liquor only for consumption on the premises while food is available.
Such licenses may be issued only to hotels or restaurants in the core area.
Establishments holding Class C-1 licenses must have some food service
available when alcoholic liquor is being sold. The meanings of "hotel,"
"restaurant" and "core area" shall be as defined in Section 3-4-1 of this Chapter.
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1. The sale of alcoholic liquor shall not take place between the hours of 2:00
a.m. and 11:00 a.m., except that sales may be made up to 3:00 a.m. on
Friday, Saturday, Sunday mornings and up to 3:00 a.m. on the mornings
of January 1, Memorial Day, July 4, Labor Day and Thanksgiving;
however, no such sales shall be made between 3:00 a.m. and 10:00 a.m.
on Sunday.
The applicant for the renewal only of such licenses may elect to pay the amount
required herein 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
eight thousand dollars ($8,000.00).
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
eight thousand four hundred dollars ($8,400.00).
No more than zero (0) such license(s) shall be in force at any one (1) time.
SECTION 5: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(D) CLASS D licenses, which shall authorize the retail sale in restaurants only of
alcoholic liquor for consumption on the premises where sold. No such 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 3-
4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D
licenses only during the period when their patrons are offered a complete meal.
Each Class D license shall be issued subject to the following conditions:
1. The sale of alcoholic liquor shall be limited to the hours of 11:00 a.m. until
1:00 a.m. Monday through Thursday; 11:00 a.m. until 2:00 a.m. Friday
through Saturday; 10:00 a.m. until 1:00 a.m. on Sunday.
The applicant for the renewal only of such licenses may elect to pay the amount
required herein 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
two thousand eight hundred dollars ($2,800.00).
The total fee required hereunder for renewal applicants electing to make semiannual
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payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be
two thousand nine hundred forty dollars ($2,940.00).
No more than fifty (50) such license(s) shall be in force at any one (1) time.
SECTION 6: Subsection 3-4-6-(H) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(H) CLASS H licenses, which shall authorize the sale in restaurants of alcoholic
liquor for consumption on the premises where sold. No such 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. Alcoholic liquor may be sold in restaurants
holding Class H licenses only during the period when patrons are offered a
complete meal. The sale of alcoholic liquor shall only take place from 11:00 a.m.
to 10:00 p.m., Monday through Saturday and from 10:00 a.m. to 10:00 p.m. on
Sunday. No alcoholic liquor may be consumed on the premises after 10:30 p.m.,
Sunday through Saturday.
The applicant for the renewal 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
two thousand eight hundred dollars ($2,800.00).
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
two thousand nine hundred forty dollars ($2,940.00).
No more than one (1) such license(s) shall be in force at any one (1) time.
SECTION 7: Subsection 3-4-6-(1) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(1) 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:
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.
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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 8: Subsection 3-4-6-(J) of the Evanston City Code of 2012, as
amended, is hereby further amended by permitting the sale of alcohol on Sunday to
begin at 10:00 a.m. to read as follows:
(J) CLASS J licenses, which shall authorize the retail sale of beer in combination
brewpub restaurants, which beer is brewed by the licensee at any of its
designated premises in a brew pub for consumption on or off the licensed
premises and the sale of alcoholic liquor excluding beer for consumption on the
premises where sold. Notwithstanding any of the foregoing, the on -premises
consumption of beer and other alcoholic liquor is permitted only in the restaurant
area.
No Class J 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. Establishments holding
Class J licenses must have some food service available when alcoholic liquor,
including beer brewed at any of the licensee's designated locations, is being sold.
Class J licenses authorize retail sales of beer for off -premises consumption only
in original packages to persons of at least twenty-one (21) years of age, Class J
licenses shall be issued only to premises located within the core area.
Each Class J license shall be subject to the following conditions:
1. It shall be unlawful for a Class J licensee to sell a single container of beer for
off -premises consumption unless the container is greater than or equal to
twenty-two (22) fluid ounces or .65 liters.
2. Beer purchased in original packages for consumption off the licensed
premises shall not be consumed in the restaurant. All beer sold for
consumption off the premises shall be placed in a paper or plastic bag prior to
its delivery to the purchaser.
3. During authorized hours of business, Class J licensees may offer for onsite
consumption samples of beer brewed by the licensee and permitted to be
sold pursuant to this classification. Licensees shall not provide more than
three (3) free samples, each of which shall not exceed two (2) fluid ounces, to
any person in a day. Licensees may sell for onsite consumption samples of
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the beer permitted to be produced and sold pursuant to this classification,
provided the total quantity of the sampling package, regardless of the number
of containers in which the beer is being served, does not exceed sixteen (16)
fluid ounces.
4. It shall be unlawful for the holder of a Class J license to offer for sale at retail
any beer in original packages for consumption off the premises where sold
before the hour of 10:00 a.m., or after the hour of 10:00 p.m., on Monday
through 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 10:00 a.m. and after the
hour of 10:00 p.m. on Sunday.
5. The combination brewpub restaurant must have a valid brew pub license from
the State of Illinois for the brewing of beer.
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 fee for 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 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 9: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 10: 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 11: 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 12: This ordinance shall be in full force and effect from and
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after its passage, approval, and publication in the manner provided by law.
Introduced: d'-'5 12018 Approved:
Adopted: IVAC, , 2018 , 2018
Steplign H. g yor
Attest:
Devon Reid, City Clerk
Approved as to form:
Michelle L. Masoncup, Inierim Corporation
Counsel
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